HomeMy WebLinkAbout2020-06-03; Planning Commission; Resolution 7368PLANNING COMMISSION RESOLUTION NO. 7368
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT
PERMIT, SITE DEVELOPMENT PLAN, COASTAL DEVELOPMENT PERMIT,
TENTATIVE PARCEL MAP, AND VARIANCE TO DEMOLISH AN EXISTING
THREE-UNIT RESIDENTIAL STRUCTURE AND CONSTRUCT A TWO-FAMILY,
RESIDENTIAL AIR-SPACE CONDOMINIUM PROJECT ON A 0.16-ACRE IN-
FILL SITE LOCATED AT 3648 CARLSBAD BOULEVARD, WITHIN THE MELLO
II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: BREAKERS VIEW BEACH HOMES
CASE NO.: PUD 2018-0006/SDP 2018-0006/CDP 2018-0033/MS
2018-0006/V 2018-0004 (DEV2018-0094)
WHEREAS, Michael Jason Ianni, "Developer/Owner," has filed a verified application with
the City of Carlsbad regarding property described as
Lot "P" in Block 2 of Palisades Heights, in the County of San Diego, State
of California, according to the map thereof No. 1777, filed in the Office
of the Recorder of San Diego County, January 11, 1924
("the Property"); and
WHEREAS, said verified application constitutes a request for a Planned Development
Permit, Site. Development Plan, Coastal development Permit, Tentative Parcel Map, and Variance as
shown on Exhibit(s) "A" -"T" dated June 3, 2020, on file in the Planning Division, PUD 2018-0006/SDP
2018-0006/CDP 2018-0033/MS 2018-0006/V 2018-0004 -BREAKERS VIEW BEACH HOMES, as provided
by Chapters 21.45, 21.06, 21.16, 21.82, 21.203, 20.24 and 21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on June 3, 2020, 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
Planned Development Permit, Site Development Plan, Coastal Development Permit, Tentative Parcel Map
and Variance.
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
PUD 2018-0006/SDP 2018-0006/CDP 2018-0033/MS 2018-0006/V 2018-0004 -
BREAKERS VIEW BEACH HOMES, based on the following findings and subject to the
following conditions:
Findings:
Planned Development Permit (PUD 2018-0006)
1. The proposed project is consistent with the general plan, and complies with all applicable
provisions of this chapter, and all other applicable provisions of the Carlsbad Municipal Code, in
that the project's proposed density of 12.5 du/ac is below the R-23 Residential density range of
15-23 du/ac. However, pursuant to Carlsbad Municipal Code (CMC) Section 21.53.230, unit
yields rounded-down that result in a density below the minimum density shall be considered
consistent with the General Plan. Except for the Variance (V 2018-0004) as discussed in the
findings below and the project staff report, the project is consistent. with all remaining
development and design standards applicable to the property as contained in Chapters 21.16
(Multiple-Family Residential (R-3)) Zone, 21.45 (Planned Developments) and 21.82 (Beach Area
Overlay Zone (BAOZ)) of the Carlsbad Municipal Code.
2. The proposed project will not be detrimental to existing uses, or to uses specifically permitted in .
the area in which the proposed use is to be located, and will not adversely impact the site,
surroundings, or traffic, in that the two-family residential air-space condominium project is
compatible with existing surrounding single-family, two-family, and multiple-family residential
uses as permitted by the Multiple-Family Residential (R-3) Zone and does not create any traffic
circulation impacts as Carlsbad Boulevard and Juniper Avenue are adequately designed to
accommodate the 16 Average Daily Trips (ADT) being generated.
3. The project will not adversely affect the public health, safety, or general welfare, in that the two-
family residential air-space condominium project has been designed to comply with all
applicable development standards, except those addressed by Variance (V2018-0004), to
ensure compatibility with surrounding single-family, two-family, and multiple-family
residential uses.
4. The project's design, including architecture, streets, and site layout a) contributes to the
community's overall aesthetic quality, b) includes the use of harmonious materials and colors,
and the appropriate use of landscaping, and c) achieves continuity among all elements of the
project, in that the two-unit condominium building reflects a mid-twentieth century Modern
and Contemporary architectural form, softened by elements and materials from the California
Craftsman / Ranch House architectural vocabularies. By combining these styles and elements,
the vernacular of California's architectural styles is adapted to fit the larger scale required by
the project. The tower elements that contain stairs and elevators lean away from neighboring
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properties in order to soften the larger elements, as well as preserve sight-lines of other
buildings around the project. Primary building materials include light tan and grey smooth finish
stucco, ipe wood plank siding, stone veneer, decorative garage doors, metal fascia's, and dark
bronze aluminum windows. Glass, ipe wood and cable railings surround the balconies and roof
decks. A standing seam metal roof covers the building and incorporates multiple roof ridges.
Mechanical ventilation units will be located on a flat roof area and will be screened by an
architecturally -compatible acoustical screen. All elements (i.e. site layout, architecture,
landscaping) create continuity in the overall project design.
Site Development Plan (SDP 2018-0006)
5. That the requested use is properly related to the site, surroundings and environmental settings,
is consistent with the various elements and objectives of the General Plan, will not be detrimental
to existing uses or to uses specifically permitted in the area in which the proposed use is to be
located, and will not adversely impact the site, surroundings or traffic circulation, in that the
project consists of the demolition of an existing three-unit residential structure and
construction of a two-family residential air-space condominium project on a 0.16-acre in-fill site
located at 3648 Carlsbad Boulevard. The site is surrounded by a mix of existing single-family,
two-family, and multiple-family residential developments. The proposed two-family residential
project at a density of 12.S du/ac is consistent with the R-23 Residential (15-23 du/ac) General
Plan Land Use designation since, pursuant to CMC Section 21.53.230, unit yields rounded-down
that result in a density below the minimum density shall be considered consistent with the
General Plan. The project is consistent with the various elements and objectives of the General
· Plan as discussed in the findings below and Section "A" of the project staff report. The proposed
two-family residential use will not be detrimental to existing uses or to uses specifically
permitted in the area in which the use is located in that two-family residential is a use permitted
within the Multiple-Family Residential (R-3) Zone and is compatible with the other residential
uses surrounding the project site, including single-family, two-family, and multiple-family
residential. The two-family residential air-space condominium project will not adversely impact
the site, surroundings, or traffic circulation in that the existing surrounding streets have
adequate capacity to accommodate the 16 Average Daily Trips (ADT) generated by the project.
With the exception of the Variance (V 2018-0004), the project complies with all minimum
development standards of the Carlsbad Municipal Code, including but not limited to the R-3
Zone, Beach Area Overlay Zone, and the Planned Development Ordinance. Furthermore, the
project is adequately parked on-site and does not result in any environmental impacts.
6. That the site for the intended use is adequate in size and shape to accommodate the use, with
the exception of the Variance (V 2018-0004), the two-family residential air-space condominium
project complies with all remaining development standards (i.e. side and rear setbacks, lot
coverage, number of parking spaces, and height restrictions) of the Multiple-Family Residential
(R-3) Zone, the Beach Area Overlay Zone, and the Planned Development Ordinance as
demonstrated in the project staff report.
7. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested use to existing or permitted future uses in the neighborhood will be provided and
maintained, in that as demonstrated in the project staff report the two-family residential air-
space condominium project, with the exception of Variance (V 2018-0004), complies with all
remaining development standards (i.e., side and rear setbacks, lot coverage, number of parking
PC RESO NO. 7368 -3-
spaces, and height restrictions) ofthe Multiple-Family (R-3) Zone, the Beach Area Overlay Zone,
and the Planned Development Ordinance. Landscaping along the outer edge of the property,
including the areas along Carlsbad Boulevard, will be provided consistent with the requirements
of the city's Landscape Manual. In addition to the above, privacy walls/fences on the property
will be provided or maintained.
8. That the street systems serving the proposed use are adequate to properly handle all traffic
generated by the proposed use, in that the two-family residential air-space condominium
project will not have vehicular access from Carlsbad Boulevard and will take access from an
easement off Juniper Avenue, which is identified as a local street and designed to adequately
handle the 16 Average Daily Trips (ADT) generated by the project. Carlsbad Boulevard along the
project's frontage is already improved with pavement, curb, gutter and sidewalk. No
modifications are proposed to the existing curb, gutter and sidewalk along the project frontage.
Coastal Development Permit (CDP 2018-0033)
9. That the proposed development is in conformance with the Mello II Segment of the Certified
Local Coastal Program {LCP) and all applicable policies, in that the site is designated R-23
Residential (15-23 du/ac) for single-family, two-family, and multi-family residential
development by the Mello II LCP. The project consists of the demolition of an existing three-
unit residential structure and construction of a two-family residential air-space condominium
project at a density of 12.5 du/acres on a 0.16 acre previously developed site. The proposed
two-story project will not obstruct views of the coastline as seen from public lands or the public
right-of-way, nor otherwise damage the visual beauty of the coastal zone. No agricultural uses
currently exist on the site, nor are there any sensitive resources located on the property. In
addition, the proposed two-family residential condominium project is not located in an area of
known geologic instability or flood hazards. Since the site does not have frontage along the
coastline, no public opportunities for coastal shoreline access are available from the subject
.site. Furthermore, the residentially-designated site is not suited for water-oriented recreation
activities.
10. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the property is not located adjacent to the shoreline. Therefore, the two-unit
residential air-space condominium project will not interfere with the public's right to physical
access to the ocean and, furthermore, the residentially designated site is not suited for water-
oriented recreation activities.
11. That the project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(Chapter 21.203 of the Zoning Ordinance) in that the two-family residential air-space
condominium project will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm
Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP)
to avoid increased urban runoff, pollutants, and soil erosion. No undevelopable steep slopes or
native vegetation is located on the subject property and the previously graded site is not located
in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction.
12. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X of the Land
Use Plan, certified September 1990 and Agricultural Conversion Mitigation Fees are not required
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in accordance with the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the
Zoning Ordinance).
13. The project is not between the sea and the first public road parallel to the sea and therefore, is
not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204
of the Zoning Ordinance).
Tentative Parcel Map (MS 2018-0006)
14. 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 two-family residential air-space
condominium project created through the tentative parcel map satisfies all the minimum
requirements of Title 20 and has been designed to comply with other applicable regulations
including the Multiple-Family Residential (R-3) Zone, the Beach Area Overlay Zone, the Planned
Development Ordinance, Growth Management Ordinance, and the R-23 Residential General
Plan Land Use designation.
15. That the proposed project is compatible with the surrounding future land uses since surrounding
properties are designated R-23 Residential for residential development at a density of 15-23
du/ac. Surrounding properties are also designated R-23 Residential and are predominantly
developed with multiple-family residential projects of a similar density or underdeveloped lots
containing one single-family home.
16. 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 with the exception of a Variance (V 2018-0004), all other required development standards
and design criteria required by the Multiple-Family Residential (R-3) Zone, the Planned
Development Ordinance, and the Beach Area Overlay Zone are incorporated into the two-family
residential air-space condominium project.
17. 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 two-family
residential air-space condominium project has been designed and conditioned so that there are
no conflicts with established easements and no additional right-of-way is required .
18. That the property is not subject to a contract entered into pursuant to the Land Conservation Act
of 1965 (Williamson Act).
19. 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 structure is designed to include
balconies and operable windows oriented to maximize exposure of each unit to natural light
and ventilation from nearby coastal breezes.
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20. 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.
21. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish and wildlife or their habitat, in
that the two-unit residential air-space condominium project site has been previously developed
and is surrounded by existing development.
22. 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 two-unit residential air-space
condominium project will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm
Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP)
to avoid increased urban runoff, pollutants, and soil erosion.
Variance (V 2018-0004)
23. 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 the existing legal lot is substandard according to the R-3 zone regulations
in that it is only 53 feet wide and 6,892 square feet in lot area. The R-3 zone requires a minimum
lot width of 60 feet and a minimum lot area of 7,500 square feet. The lot is also currently
encumbered by a 15-foot-wide access easement at the rear of the property.
a. Given the substandard lot and the access easement, the lot's buildable area is reduced in
relation to other standard lots in the area with the same zoning designation. While the
project will meet or exceed the required side and rear yard setbacks and lot coverage, the
project proposes a front yard setback equal to a line drawn between the adjacent structures
immediately to the north and south of the property. Projections such as eaves and balconies
are proposed up to two feet further into the front setback consistent with projections on
adjacent properties. Furthermore, CMC Section 21.46.070 specifically allows this
modification for unimproved lots intervening between lots having nonconforming front
yards. However, since this lot has been previously improved, a variance has been requested
and is supported.
b. The Planned Development Ordinance and the BAOZ both require one «;>ff-street guest
parking space for a two-unit condominium project. Given that the two-family project
requires a two-car garage for each unit, there is no room to provide guest parking along the
sides of the garages. The Planned Development Ordinance allows guest parking to be located
in front of garages provided that all units have a garage with at least a 20-foot driveway.
However, this is only permitted in the BAOZ when parking adjacent to the project is allowed
on both sides of the street. Since Carlsbad Boulevard only allows parking on one side of the
street at this project's frontage, guest parking in front of the garages is not allowed (although
Juniper Street, where this project will take access from but does not have frontage, allows
for parking on both sides of the street). Multiple projects that have frontage on Carlsbad
Boulevard have guest parking located in front of the garages. Therefore, the variance is
PC RESO NO. 7368 -6-
supported given that this is a privilege enjoyed by other property owners in the vicinity and
under identical zoning.
c. The project proposes orie guest parking space in front of each two-car garage. Typically, a
garage is accessed from a public street and guest parking is located in the driveway in front
of the garage. 1n that scenario; vehicles utilize the public right-of-way to back out of the
driveway. However, this project proposes the garages and guest parking at the rear of the
property. Given the site constraints, the 24 feet of back-up usually required behind parking
spaces has been reduced to approximately 15 feet. However, by locating the garages and
guest parking at the rear of the property, conflicts are minimized between vehicles, bicycles,
and pedestrians on Carlsbad Boulevard. This creates a more desirable project design by not
creating an additional curb opening on Carlsbad Boulevard and also utilizes the existing
access easement from Juniper Street. Vehicle turning movements have been provided on
Sheet 2 of the project's civil plans. Furthermore, the property to the south is designed with
a substandard vehicle back-up distance into the same access easement. Therefore, the
variance is supported given that this is a privilege enjoyed by other property owners in the
vicinity and under identical zoning.
d. 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 although there are no known variances in the immediate area for reduced front
setbacks, location of guest parking, and/or reduced vehicle back-up distances, existing ·
properties in the same zone and surrounding Beach Area Overlay Zone have developed with
substandard setbacks, parking requirements and location of guest parking. The front setback
would be in line with adjacent properties which are developed to the north and south of the
project. Other properties in the area provide guest parking in front of their garages but some
utilize Carlsbad Boulevard as their required back-up distance. The plans show that adequate
vehicle turning movements will be provided. Therefore, granting the variance does not grant
privileges inconsistent with the limitations upon other properties in the vicinity and same
zone as the proposed project.
e. 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 granting a variance
for a reduced front setback, location of guest parking, and reduced vehicle back-up distance
does not authorize a use which is not otherwise expressly permitted by the zoning
regulations. Two-family residential projects are allowed by right within the Multiple-Family
Residential (R-3} zone. Furthermore, a two-family condominium in the BAOZ is required to
provide on-site guest parking. Therefore, these deviations do not authorize a use or activity
which is not authorized by the zone.
f. 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 use is a two-family dwelling,
consistent with the R-23 Residential designation as discussed in Section "A" of the project
staff report. Setbacks, guest parking, and access to parking are all part of residential
development for properties with the R-23 Residential General Plan Land Use designation
and, therefore, consistent with the general purpose and intent of the General Plan.
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g. The variance is consistent with the general purpose and intent of the certified local coastal
program and does not reduce or in any manner adversely affect the requirements for
protection of coastal resources in that granting a variance is consistent with and implements
the requirements of the Local Coastal Program. The variance will not have an adverse effect
on coastal resources as discussed in Section "D" of the project staff report and will not have
impacts on sensitive environmental resources. Therefore, granting such a variance will not
adversely affect the Local Coastal Program.
General
24. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the ~ity's General Plan, based on the facts set forth in the staff report dated June
3, 2020 including, but not limited to the following:
a. land Use & Community Design -The two-family residential air-space condominium project
is consistent with the elements and objectives of the General Plan as discussed in Section
"A" of the project staff report. The project's density of 12.5 du/ac is consistent with the R-23
Residential (15-23 du/ac) General Plan Land Use designation since unit yields rounded-down
that result in a density below the minimum density shall be considered consistent with the
General Plan. Because the two-unit project is below the maximum unit yield (three dwelling
units) at the Growth Management Control Point (GMCP} of the R-23 Residential General Plan
Land Use designation, one dwelling unit will be deposited into the City's Excess Dwelling Unit
Bank consistent with Housing Element Program 3.2 and City Council Policy No. 43.
b. Mobility -The proposed project has been designed to meet all circulation requirements,
including a single vehicular access point from Juniper Avenue and pedestrian access from
Carlsbad Boulevard. In addition, the applicant will be required to pay any applicable traffic
impact fees prior to issuance of building permit that will go toward future road
improvements.
c. Noise -The project consists of a two-family dwelling and, therefore, a noise study is not
required. However, a noise study (Ldn Consulting, Inc., dated April 14, 2016} was prepared
given the proximity to Carlsbad Boulevard. Since the windows are required to be closed to
meet the required 45 dB(a) CNEL interior noise level, mechanical ventilation has been
conditioned to be required.
d. Housing-The two-family residential air-space condominium project is consistent with the
Housing Element of the General Plan and the lnclusionary Housing Ordinance. The project
is conditioned to pay an in in-lieu fee on a per unit basis for two units if building permits for
the two-unit project have not been applied for within two years of demolishing the existing
three-unit multi-family residential project on-site.
e. Public Safety-The two-unit residential air-space condominium project is located within a
five-minute response time of Fire Station No. 1 and has been designed to comply with the
Fire Code, including provisions for an automatic sprinkler system within each dwelling unit.
25. 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
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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.
26. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
27. The City Planner has determined that the project belongs to a class of projects that the State
Secretary for Resources has found do not have a significant impact on the environment, and it is
therefore categorically exempt from the requirement for the preparation of environmental
documents pursuant to Section 15332, In-Fill Development Project, of the state California
Environmental Quality Act {CEQA) Guidelines.
28. 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 grading
permit, building permit, or recordation of the Final Parcel Map, whichever comes 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 Planned Development Permit,
Site Development Plan, Coastal Development Permit, Tentative Parcel Map, and Variance.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Planned Development Permit, Site Development Plan, Coastal
Development Permit, Tentative Parcel Map, and Variance documents, as necessary to make
them internally consistent and in conformity with the final action on the project. Development
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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, cla ims 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 Planned Development Permit, Site Development
Plan, Coastal Development Permit, Tentative Parcel Map, and Variance, (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/Site
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 tb 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.
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11. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFO
#1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section
5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone
1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If
the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall
become void.
12. Prior to the issuance of the grading permit or final parcel map approval, whichever comes first,
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 Planned Development Permit, Site Development Plan,
Coastal Development Permit, Tentative Parcel Map, and Variance, by Resolution(s) No. 7368 on
the property. Said Notice of Restriction shall note the property description, location of the file
containing complete project details and all conditions of approval as well as any conditions or
restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority
to execute and record an amendment to the notice which modifies or terminates said notice upon
a showing of good cause by the Developer or successor in interest.
13. The project is subject to the Prescriptive Compliance Option (PCO) of the City of Carlsbad's
Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown
on the PCO plan approved as part of this project and on file in the Planning Division. Prior to
issuance of a building permit, Developer shall submit an application pursuant to the landscape
plancheck process on file in the Planning Division; however, no landscape plans are required, and
Developer shall only be responsible to pay the landscape inspection fee, with said application. The
approved PCO plan will be utilized by the city as part of the project's final inspection process.
14. 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 parcel map approval. Prior to issuance of a building permit, the Developer shall provide
the Planning Division with a recorded copy of the official CC&Rs that have been approved by the
Department of Real Estate and the City Planner. At a minimum, the CC&Rs shall contain the
following provisions:
a. General Enforcement by the City: The City shall have the right, but not the obligation, to
enforce those Protective Covenants set forth in this Declaration in favor of, or in which the
City has an interest.
b. Notice and Amendment: A copy of any proposed amendment shall be provided to the City in
advance. If the proposed amendment affects the City, City shall have the right to disapprove.
A copy of the final approved amendment shall be transmitted to City within 30 days for the
official record.
c. Failure of Association to Maintain Common Area Lots and Easements: In the event that the
Association fails to maintain the "Common Area Lots and/or the Association's Easements" as
provided in Article---~ Section _____ the city shall have the right, but not the
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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 Proje_ct hereby vests the city with the right
and power to levy such special assessment, to impose a lien upon their respective Lot and to
bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and
his/her respective Lot for purposes of collecting such special assessment in accordance with
the procedures set forth in Article ____ of this Declaration.
e. Landscape Maintenance Responsibilities: The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit _____ _
f. Balconies, trellis, and decks: The individual lot or unit owner allowances and prohibitions
regarding balconies, trellis, and decks shall be as set forth in Exhibit ____ _
g. Rooftop decks: No trellises, patio covers, gazebos, pergolas, cabanas, or other permanent
structures or other equipment shall be installed on rooftop decks, with the exception of
mechanical equipment, rooftop photovoltaic solar panels and similar building systems
equipment.
15. A project may be exempt from the inclusionary housing requirement if the construction of new
residential structures replace residential structures that were demolished within two years prior
to the application for a building permit for the new residential structures. The exemption is
contingent upon the number of residential units (two) not being increased from the number of
residentialunits in the previously demolished residential structure. Since there will not be an
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increase in the number of units on the property, the project will be exempt from the inclusionary
housing requirement if building permits are issued within two years of the demolition of the
existing residential structure. If building permits are not applied for within two years of
demolishing the existing units, then the applicant/developer shall pay the inclusionary housing
in lieu fee for two (2) units.
16. Prior to issuance of building permits, the Developer shall submit to the City Planner a recorded
copy of the Condominium Plan filed with the Bureau of Real Estate which is in conformance with
the City-approved documents and exhibits.
17. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17.,, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFO
#1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section
5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone
1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If
the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall
become void.
18. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in substance
as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of
Community Development and Planning.
19. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities
District or other financing mechanism which is inconsistent with City Council Policy No. 38, by
allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any
other disclosure required by law or Council policy, the Developer shall disclose to future owners
in the project, to the maximum extent possible, the existence of the tax or fee, and that the school
district is the taxing agency responsible for the financing mechanism. The form of notice is subject
to the approval of the City Planner and shall at least include a handout and a sign inside the sales
facility, or inside each unit, stating the fact of a potential pass-through of fees or taxes exists and
where complete information regarding those f~es or taxes can be obtained.
20. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the City
Planner, in the sales office or inside each unit, at all times. All sales maps that are distributed or
made available to the public shall include but not be limited to trails, future and existing schools,
parks, and streets.
21. Developer shall post a sign in the sales office, or inside each unit, in a prominent location that
discloses which special districts and school district provide service to the project. Said sign shall
remain posted until ALL of the units are sold .
22. 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.
23. Developer shall submit to the Building Division a mechanical ventilation plan for each unit prior
to issuance of a building permit to demonstrate that the final project design meets a 45 dB(a)
PC RESO NO. 7368 -13-
CNEL interior noise level. Mechanical ventilation for each unit shall be shown on the plans
submitted for building permit. A statement certifying that the required features have been
incorporated into the building plans, signed by the acoustical analyst/acoustician shall be
located on the building plans.
Engineering:
General
24. 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.
25. 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.
26. 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 drive aisles, utilities,
landscaping, lighting, enhanced paving, water quality treatment measures, low impact
development features, 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.
27. 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.
28. 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
29. 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.
30. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drai~age Hold Harmless Agreement.
31. 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.
32. Developer shall apply for and execute an Encroachment Agreement covering permeable pavers
located over existing San Diego Gas & Electric easement as shown on the tentative map. Prior
to. issuance of a grading permit, developer shall submit proof that an Encroachment Agreement
PC RESO NO. 7368 -14-
has been executed with San Diego Gas & Electric for said improvements.
Grading
33. 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.
34. Prior to approval of the grading plans, the applicant shall submit a Construction Plan to the city
engineer for review and approval. Said Plan may be required to include, but not be limited to,
identifying the location · of the construction trailer, material staging, material deliveries,
bathroom facilities, parking of construction vehicles, employee parking, construction fencing
and gates, obtaining any necessary permission for off-site encroachment, addressing
pedestrian safety, and identifying time restrictions for various construction activities. All
material staging, construction trailers, bathroom facilities, etc. shall be located outside the
public right-of-way unless otherwise approved by the city engineer or Construction
Management & Inspection engineering manager.
35. The NCTD bus stop on Carlsbad Boulevard shall remain open during construction. A note shall
be placed on the grading plan and construction plan.
Storm Water Quality
36. 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.
37. 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.
38. 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.
39. 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
PC RESO NO. 7368 -15-
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.
40. 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.
41. Developer shall design all proposed public improvements including but not limited to sewer
laterals, water services/meters, curb drains, pedestrian connections, and bus stop sign 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.
42. Developer is responsible to ensure 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
43. Add the following notes to the final map as non-mapping data:
a. Developer has executed a city standard Subdivision Improvement Agreement and has
posted security in accordance with C.M.C. Section 20.16.070 to install public
improvements shown on the tentative map. These improvements include, but are not
limited to:
i. Sewer laterals
ii. Water services/meters
iii. Pedestrian connections
iv. Curb drains
v. Bus stop sign
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 diversion of waters, the alteration of the normal flow of surface waters
PC RESO NO. 7368 -16-
Utilities
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.
d. 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.
44. Developer shall install potable water and/or recycled water servicE;!S and meters at locations
approved by the district engineer. The locations of said services shall be reflected on public
improvement plans.
45. 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.
46. 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
47. This tentative map shall expire two years from the date on which the planning commission voted
to approve this application.
48. 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.
49. 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.
50. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
51. 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.
52. Developer shall pay a landscape inspection fee as required by Section 20.08.050 of the Carlsbad
Municipal Code.
53. Developer acknowledges that the project is required to comply with the city's greenhouse gas
{GHG) reduction ordinances and requirements. GHG reduction requirements are in accordance
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with, but are not limited to, Carlsbad Municipal Code Chapters 18.21, 18.30, and 18.51 in addition
to the California Green Building Standards Code (CCR, Title 24, Part 11-CALGreen), as amended
from time to time. GHG reduction requirements may be different than what is proposed on the
project plans or in the Climate Action Plan Checklist originally submitted with this project.
Developer acknowledges that new GHG reduction requirements related to energy efficiency,
photovoltaic, electric vehicle charging, water heating and traffic demand management
requirements as set forth in the ordinances and codes may impact, but are not limited to, site
design and local building code requirements. If incorporating GHG reduction requirements
results in substantial modifications to the project, then prior to issuance of development (grading,
building, etc.) permits, Developer may be required to submit and receive approval of a
Consistency Determination or Amendment for this project through the Planning Division.
Compliance with the applicable GHG reduction requirements must be demonstrated on or with
the construction plans prior to issuance of the applicable development permits.
54. 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.
55. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
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 TO APPLICANT
The project site is within the appealable area of the California Coastal Commission . This Coastal
Development Permit (CDP) shall not become effective until ten (10) working days have elapsed, without
a valid appeal being filed with the Coastal Commission, following the Coastal Commission's receipt of the
city's notice of the CDP issuance ("Notice of Final Action"). The filing of a valid appeal with the Coastal
Commission within such time limit shall stay the effective date of this CDP until such time as a final decision
on the appeal is reached by the Coastal Commission.
PC RESO NO. 7368 -18-
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest
them, you must follow the protest procedure set forth in Government Code Section 66020{a) and file the
protest and any other required information with the City Manager for processing in accordance with
Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent
legal action to attack, review, set aside, void, or annul their imposition. · ·
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City
of Carlsbad, California, held on June 3, 2020, by the following vote, to wit:
AYES: Chair Anderson, Commissioners Geidner, Lafferty, Luna, Meenes, Merz, and Stine
NOES:
ABSENT:,
ABSTAIN:
VELYN ANDERSON, Chair
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
PC RESO NO. 7368 -19-