HomeMy WebLinkAbout2016-01-06; Planning Commission; ; PUD 13-11(A) – LA COSTA VILLAS
The City of Carlsbad Planning Division
A REPORT TO THE PLANNING COMMISSION
Item No.
Application complete date: N/A
P.C. AGENDA OF: January 6, 2016 Project Planner: Christer Westman
Project Engineer: Tecla Levy
SUBJECT: PUD 13-11(A) – LA COSTA VILLAS – Request for approval of a Planned Development
Permit amendment to revise the architectural style of an 8-unit multi-family residential
condominium project from traditional to contemporary with roof decks, and to include
elements pursuant to Planning Commission direction on a 0.39 acre infill site generally
located on the south side of Gibraltar Street, west of Jerez Court, and in Local Facilities
Management Zone 6. The City Planner has determined that this project is exempt from
the requirements of the California Environmental Quality Act (CEQA) pursuant to
Section 15332 “In-Fill Development Projects” of the State CEQA Guidelines and will not
have any adverse significant impact on the environment.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 7134 APPROVING a Planned
Development Permit amendment [PUD 13-11(A)], based upon the findings and subject to the conditions
contained therein.
II. PROJECT DESCRIPTION AND BACKGROUND
The applicant is constructing an 8-unit multi-family residential condominium project on a 0.39-acre infill
site located on Gibraltar Street, west of Jerez Court. The condominium project required the processing
and approval of a Planned Development Permit which was approved by the Planning Commission on
May 21, 2014. The approved architectural style for the project is an eclectic blend of traditional
Mediterranean elements. The approved building materials include stucco, stone veneers, wrought iron,
wood, fabric awnings, and a decorative colored tile roof. The building colors and accent trim consists of
warm brown and beige/cream tones. The buildings are three-story structures with attached garages,
and a maximum building height of 39 feet with a roof pitch of 4:12. The approved Planned
Development Permit includes architectural elevations and floorplans. The applicant is requesting
approval of an alternate contemporary architectural style, modifications to the third floor floorplan,
revised exterior building materials to compliment the contemporary style, and a flat roof design with the
addition of roof decks for each of the condominium units.
The project site design remains as approved and will remain as an 8-unit condominium project within
two buildings.
The Planning Commission first reviewed the request for the Planned Development Permit Amendment
on November 18, 2015, directed the applicant to provide additional design changes and return to the
Commission for their review. The agenda item was continued to a date uncertain and was therefore re-
noticed for the January 6, 2016 public hearing date.
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PUD 13-11(A) – LA COSTA VILLAS
January 6, 2016
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III. ANALYSIS
The project, with the alternate contemporary architectural style and the addition of roof decks, meets
the city’s development standards for planned developments and subdivisions, and as designed and
conditioned, is in compliance with the General Plan, Subdivision Ordinance, and relevant zoning
regulations of the Carlsbad Municipal Code.
The project as approved was subject to the following regulations:
A. Residential High Density (RH) General Plan Land Use designation;
B. Residential Density Multiple Zone (RD-M) and Planned Development regulations (Chapters
21.24, and 21.45 of the Carlsbad Municipal Code);
C. City Council Policy No. 66 (Principals for the Development of Livable Neighborhoods);
D. Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code);
E. Inclusionary Housing Ordinance (Chapter 21.85 of the Zoning Ordinance); and
F. Growth Management Ordinance (Chapter 21.90 of the Zoning Ordinance) and Zone 6 Local
Facilities Management Plan.
The requested amendment includes revised architecture in a contemporary style, new exterior building
materials and colors, changes to the third floor floorplan, and the addition of roof decks. The project
remains consistent and in compliance with all of the regulations listed above and as discussed in detail in
the May 14, 2015 staff report.
Amended Architectural Style
In reviewing the proposed design change, the Planning Commission directed the applicant to add
specific design elements to the project as follows:
1) Revise the cupola structures to minimize their volume above 35 feet in height as measured from
grade thereby reducing the interior volume to the minimum necessary to enclose the stairwell and
provide safe access to the roof deck.
The stairwell cupolas have been re-designed to include a sloping roof that follows the same angle of the
stairs located beneath. The cupolas retain a flat roof element only at the area enclosing the top landing
for the stairs as well as an enclosed space for the forced air unit and unit ducting.
2) Create solid railings for the roof decks with the purpose of providing sound attenuation.
The roof deck railings retain the architectural elements of metal frame and steel cable openings, but the
openings are backed with a solid 5/8” thick tempered glass. The addition of the tempered glass creates
a solid barrier which will help in attenuating noise created on the roof decks from projecting onto
adjacent properties. The glass enclosed openings in the deck railing are intended to maintain a design
element that visually breaks that building surface.
3) Exterior lighting for the roof decks should be shrouded.
The applicant has proposed the use of a 60 watt exterior light fixture that provides downward directed
light at the doorway to the stairwell. The actual light fixture will be verified by the City Planner during
building plan check review for the revisions.
PUD 13-11(A) – LA COSTA VILLAS
January 6, 2016
Page 3
4) Prior to resuming construction, the building plan check plans and the existing construction should be
certified by project architect and structural engineer of record.
All professional certification will be provided through the building plan check process.
The applicant has also proposed changes to the third floor floorplan. Bedrooms and bathrooms have
been reorganized and floor area has been increased approximately 60 square feet to 72 square feet
depending on the unit. The effect is better internal usable floor area and fewer jogs in the exterior
building plane. The floor plan and exterior building plane changes are consistent with the applicable
development code standards in that maximum lot coverage and building heights are not reached or
exceeded. Removal of the plane changes from the third floor exterior elevations are minimal in relation
to the overall building form.
The requested alternate style of architecture is contemporary. Building shapes are geometric and
include flat roofs. The building materials include smooth cement plaster with a fine sand finish, split
face block, wood plank garage doors, steel cable and glass deck railing, poplar wood siding, painted
galvanized metal, custom aluminum windows, and aluminum composite awnings.
The contemporary style includes partial roof decks of approximately 370 square feet each accessed from
within each of the units. The roof deck floors are at a 31 foot elevation. The maximum roof height
allowed in the RD-M zone is 35 feet, no roof pitch is required. Enclosed stairwells protrude above the
maximum 35 foot roof height limit, and are permitted pursuant to C.M.C. Section 21.46.020, and have
been re-designed to limit them to the extent necessary to enclose the stair well, stair landing, and
forced air unit equipment.
The existing neighborhood has an eclectic mix of architectural styles and there is no designated style of
architecture required for all of the La Costa area. The inclusion of a contemporary style of architecture
can therefore be considered an expected addition to the neighborhood. Staff is in support of the
proposed alternate contemporary style of architecture and the addition of roof decks.
IV. ENVIRONMENTAL REVIEW
The City Planner has determined that the project amendment 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 Projects) Class 32 Categorical Exemption of the State
CEQA Guidelines. The project is consistent with the General Plan as well as with the Zoning Ordinance,
the project site is within the city limits, is less than 5 acres in size, and is surrounded by urban uses;
there is no evidence that the site has value as habitat for endangered, rare, or threatened species;
approval of the project will not result in significant effects relating to traffic, noise, air quality, or water
quality; and the site can be adequately served by all required utilities and public services. 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. A Notice of Exemption will be filed by the City Planner
upon final project approval.
ATTACHMENTS:
1. Planning Commission Resolution No. 7134
2. Location Map
3. Disclosure Statement
4. Planning Commission Resolution No. 7052
PUD 13-11(A) – LA COSTA VILLAS
January 6, 2016
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5. Reduced Exhibits of existing approved architecture
6. Reduced Exhibits of proposed architecture
7. Full Size Exhibits “A – L” dated January 6, 2016
L A CO S T A A V ROMERIASTJEREZCT
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PLANNING COMMISSION RESOLUTION NO. 7052
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
2 CARLSBAD, CALIFORNIA, APPROVING CARLSBAD TRACT MAP CT 13-06
AND PLANNED DEVELOPMENT PERMIT PUD 13-11 TO DEVELOP AN
3 EIGHT UNIT MULTI-FAMILY RESIDENTIAL CONDOMINIUM PROJECT ON A
0.39 ACRE INFILL SITE GENERALLY LOCATED ALONG THE SOUTH SIDE OF
4 GIBRALTAR STREET AND WEST OF JEREZ COURT IN LOCAL FACILITIES
MANAGEMENT ZONE 6.
5 CASE NAME: LACOSTA VILLAS
CASE NO.: CT 13-06/PUD 13-11
WHEREAS, La Costa ALC, LLC, "Developer/Owner," has filed a verified application with
g the City of Carlsbad regarding property described as
g Lot 401 of La Costa South Unit 5, in the City of Carlsbad, County of San
Diego, State of California, according to map thereof No. 6600, filed in
20 the office of the County Recorder of San Diego County, March 10,1970
11 ("the Property"); and
12 WHEREAS, said verified application constitutes a request for a Tentative Tract Map and
13 Planned Unit Development as shown on Exhibits "A - J" dated May 21, 2014, on file in the Planning
14 Division, a 13-06/PUD 13-11 - LA COSTA VILLAS, as provided by Chapter 20.12 and Chapter 21.45 of
1^ the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on May 21, 2014, hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the
Tentative Tract Map and Planned Development Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission APPROVES
CT 13-06/PUD 13-11 - LA COSTA VILLAS, based on the following findings and subject to
the following conditions:
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Findings:
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Carlsbad Tract Map
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That the proposed map and the proposed design and improvement of the subdivision as
4 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
5 Act, and will not cause serious public health problems, in that the airspace condominium units
created through the tentative map satisfy all the minimum requirements of Title 20 and have
^ been designed to comply with other applicable regulations including the Planned
Development Ordinance, the Residential Density-Multiple (RD-M) Zone, Growth Management
Ordinance, and the Residential High Density (RH) General Plan Land Use designation. 7
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That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for Residential High Density (RH) development on the
General Plan, and the RH designated properties are developed with multi-family projects
which would be compatible with the condominium project.
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,
22 in that all required development standards and design criteria required by the RD-M Zone and
the Planned Development Ordinance are incorporated into the project without the need for
23 variances from development standards and the lot coverage at 38.5%, is below the maximum
60% lot coverage allowed.
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4. That the design of the subdivision or the type of improvements will not conflict with easements
15 of record or easements established by court judgment, or acquired by the public at large, for
access through or use of property within the proposed subdivision, in that the project has been
16 designed and conditioned so that there are no conflicts with established easements and no
additional right-of-way is required.
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That the property is not subject to a contract entered into pursuant to the Land Conservation
18 Act of 1965 (Williamson Act).
19 6. That the design of the subdivision provides, to the extent feasible, for future passive or natural
heating or cooling opportunities in the subdivision, in that structures are designed with terraces
20 and balconies to maximize the exposure of each unit to natural light and ventilation.
21 7. That the Planning Commission has considered, in connection with the housing proposed by this
subdivision, the housing needs of the region, and balanced those housing needs against the
public service needs of the City and available fiscal and environmental resources.
^3 8. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in
that the project site has been previously graded and is surrounded by existing development.
9. That the discharge of waste from the subdivision will not result in violation of existing California
Regional Water Quality Control Board requirements, in that the project has been designed in
accordance with the Best Management Practices for water quality protection in accordance
27 with the City's sewer and drainage standards and the project is conditioned to comply with
the National Pollutant Discharge Elimination System (NPDES) requirements.
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10. The Planning Commission finds that the project, as conditioned herein, is in conformance with
2 the Elements of the City's General Plan, based on the facts set forth in the staff report dated
May 21, 2014 including, but not limited to the following:
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a) Land Use - The project is consistent with the General Plan as discussed in Section "A" of
4 the staff report. The proposed residential condominium project density at 20.51 dwelling
units per acre (8 DUs) is within the RH density range of 15 - 23 du/ac and consistent with
^ the RHNA Base density of 20 du/ac. Because the 8 unit project exceeds the maximum unit
yield (7.41 DUs) at the GMCP ofthe RH General Plan Land Use designation, 0.59 DU will be
withdrawn out of the City's excess dwelling unit bank consistent with City Council Policy
No. 43 and based on the following findings:
g 11. In approving a request for an allocation of excess dwelling units, the following three findings
contained in City Council Policy No. 43 - Excess Dwelling Unit Bank must be made:
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a) That the project location and density are compatible with existing adjacent residential
10 neighborhoods and/or nearby existing or planned uses in that the project is located within
a multi-family residential neighborhood which has a Residential High (RH) General Plan
11 Land Use designation and R-D-M zone that consists predominantly of attached
condominiums and apartment buildings that are approved at a similar density (15 - 23
12 du/ac) as the density of the proposed project (20.51 du/ac), and therefore the project is
compatible with existing adjacent residential properties in the neighborhood;
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b) That the project location and density are in accordance with the applicable provisions of the
14 General Plan and any other applicable planning document in that the project's location and
density described above are in accordance with the applicable provisions of the General
1^ Plan for the RH Land Use designation; and
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c) That the project complies with the findings stated in the General Plan Land Use Element for
projects that exceed the GMCP for the applicable density range in that: 1) the project will
provide sufficient additional public facilities for the density in excess of the control point
2g to ensure that the adequacy of the City's public facilities plans will not be adversely
impacted; 2) there have been sufficient developments approved in the quadrant at
29 densities below the control point so that the approval will not result in exceeding the
quadrant limit; and, 3) all necessary public facilities required by the City's Growth
20 Management Program will be constructed, or are guaranteed to be constructed,
concurrently with the need for them created by this development and in compliance with
21 the adopted City standards. The proposed project is consistent with the above required
findings in that there have been sufficient developments in the southeast quadrant that
22 have developed at densities below the GMCP such that the allocation of 0.59 DUs would
not result in exceeding the quadrant limit, the project is conditioned to pay the
23 appropriate fees to comply with City's Growth Management Program, and the City's
public facilities plans will not be adversely impacted as the allocation of 0.59 units has
already been analyzed and anticipated within the southeast quadrant.
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1) Circulation - The project will take access off of Gibraltar Street which has full street
improvements. On-site circulation consists of a private 24 foot wide driveway which
will be designed in accordance with City standards.
PC RESO NO. 7052
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4) Public Safety - The project is required to provide an automatic fire sprinkler system
within each unit.
Planned Development Permit
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2) Noise - The condominium project is not located adjacent to any noise source and is
2 consistent with the residential 60 dBA CNEL exterior noise standard for required
common and private recreation space and is consistent with the 45 dBA CNEL interior
3 noise standards.
4 3) Housing - The project is consistent with the Housing Element of the General Plan and
the Inclusionary Housing Ordinance as the applicant has been conditioned to enter
^ into an Affordable Housing Agreement to purchase one affordable housing credit
^ within the Cassia Heights Affordable Apartment Project.
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12. The proposed project is consistent with the general plan, and complies with all applicable
2Q provisions of this chapter, and all other applicable provisions of the Carlsbad Municipal Code, in
that the project density of 20.51 dwelling units per acre is consistent with the Residential High
22 Density Land Use designation (15 - 23 du/acre) and the RH RHNA Base of 20 du/ac. As
discussed in the staff report, the project is consistent with the development and design
12 standards applicable to the property as contained in Chapters 21.24 and 21.45 of the Carlsbad
Municipal Code.
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13. The proposed project will not be detrimental to existing uses, or to uses specifically permitted in
14 the area in which the proposed use is to be located, and will not adversely impact the site,
surroundings, or traffic, in that no standards variances are proposed or required, the two
15 separate, 3-story buildings containing eight residential units are compatible with surrounding
multi-family residential uses, and no negative circulation impacts will result as the existing
16 roadway (Gibraltar Street) is adequate to accommodate the traffic (64 ADT) generated by this
project.
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14. The project will not adversely affect the public health, safety, or general welfare, in that it has
18 been designed to comply with all applicable development standards to ensure compatibility
with surrounding residential uses.
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15. The project's design, including architecture, private driveway, 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 8 residential condominium units are located within two separate
buildings with a private 24 foot wide common driveway located off of Gibraltar Street. The
three story residential buildings include attached two car garages for each of the units. The
23 architectural style for the project is an eclectic blend of Mediterranean elements. The building
materials include stucco, stone veneers, wrought iron, wood, fabric awnings, and a decorative
24 colored tile roof. The building colors and accent trim consists of warm brown and beige/cream
tones that will be aesthetically pleasing and an attribute to the neighborhood. The project
25 site layout includes a private driveway, offsite guest parking spaces, accessibility ramp and
path of travel for pedestrian circulation within the site, and rich landscaping with a variety of
26 trees and plant materials will be provided throughout the site to enhance the visual
appearance of the units and to create a sense of privacy for the residents. All elements (i.e.
27 site layout, architecture, landscaping) create continuity in the overall project design.
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16. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
2 Management Plan for Zone 6 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
3 facilities and improvements regarding sewer collection and treatment; water; drainage;
circulation; fire; schools; parks and other recreational facilities; libraries; government
4 administrative facilities; and open space, related to the project will be installed to serve new
development prior to or concurrent with need. Specifically,
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The project has been conditioned to provide proof from the Encinitas Union and San
Dieguito Union High School District that the project has satisfied its obligation for school
facilities.
g b. Park-in-lieu fees are required by Carisbad Municipal Code Chapter 20.44, and will be
collected prior to issuance of building permit.
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c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be
10 collected prior to the issuance of building permit.
11 17. 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
12 by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carisbad
Municipal Code. This will ensure continued availability of public facilities and will mitigate any
13 cumulative impacts created by the project.
14 18. This project has been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 6.
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19. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
16 Ordinance (Carlsbad Municipal Code Chapter 18.50).
17 20. The Planning Commission hereby finds that all development in Carisbad benefits from the
Habitat Management Plan, which is a comprehensive conservation plan and implementation
18 program that will facilitate the preservation of biological diversity and provide for effective
protection and conservation of wildlife and plant species while continuing to allow compatible
1^ development in accordance with Carisbad's Growth Management Plan. Preservation of wildlife
habitats and sensitive species is required by the Open Space and Conservation Element of the
City's General Plan which provides for the realization of the social, economic, aesthetic and
environmental benefits from the preservation of open space within an increasingly urban
environment. Moreover, each new development will contribute to the need for additional
22 regional infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu
Mitigation Fee imposed on all new development within the City is essential to fund
23 implementation ofthe City's Habitat Management Plan.
24 21. That 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,
25 and it is therefore categorically exempt from the requirement for the preparation of
environmental documents pursuant to Section 15332 (In-Fill Development Projects) Class 32 of
26 the state CEQA Guidelines. The project is consistent with the General Plan as well as with the
Zoning Ordinance, the project site is within the City limits, is less than 5 acres in size, and is
27 surrounded by urban uses; there is no evidence that the site has value as habitat for
endangered, rare, or threatened species; approval of the project will not result in significant
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PC RESO NO. 7052 -5-
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effects relating to traffic, noise, air quality, or water quality; and the site can be adequately
2 served by all required utilities and public services. In making this determination, the City
Planner has found that the exceptions listed in Section 15300.2 ofthe state CEQA Guidelines do
3 not apply to this project.
4 22. 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
5 mitigate impacts caused by or reasonably related to the project, and the extent and the degree
ofthe exaction is in rough proportionality to the impact caused by the project.
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Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to grading permit,
building permit or recordation of final map, whichever comes first; or pursuant to an approved
construction schedule at the discretion of the appropriate division manager or official.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
22 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
12 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
13 compel their compliance with said conditions or seek damages for their violation. No vested
rights are gained by Developer or a successor in interest by the City's approval of this Tentative
14 Tract Map and Planned Development Permit.
15 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Tentative Tract Map and Planned Development Permit documents, as
16 necessary to make them internally consistent and in conformity with the final action on the
project. Development shall occur substantially as shown on the approved Exhibits. Any
17 proposed development, different from this approval, shall require an amendment to this
approval.
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If any condition for construction of any public improvements or facilities, or the payment of any
21 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
22 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.
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Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
24 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
25 costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly,
from (a) City's approval and issuance of this Tentative Tract Map and Planned Development
26 Permit, (b) City's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby, including
2g without limitation, any and all liabilities arising from the emission by the facility of
PC RESO NO. 7052 -6-
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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electromagnetic fields or other energy waves or emissions. This obligation survives until all legal
2 proceedings have been concluded and continues even if the City's approval is not validated.
3 6. Developer shall submit to the City Planner a reproducible 24" x 36" mylar copy of the (Tentative
Map/Site Plan) reflecting the conditions approved by the final decision-making body.
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Developer shall include, as part of the plans submitted for any permit plancheck, a reduced
legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including
any applicable Coastal Commission approvals).
Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Encinitas Union and San Dieguito Union High School Districts that this project
has satisfied its obligation to provide school facilities.
9 9. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 6 Local Facilities Management Plan and any amendments made to that Plan prior to
20 the issuance of building permits.
11 10. 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.
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11. Building permits will not be issued for this project unless the local agency providing water and
13 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
14 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.
12. 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 Carisbad Municipal Code
2g Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee
for Zone 6, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building
29 permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan
and shall become void.
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13. Prior to the approval of the final map for any phase of this project, or where a map is not being
21 processed, prior to the issuance of building permits for any lots or units, the Developer shall
enter into an Affordable Housing Agreement with the City to either purchase one (1) affordable
22 housing credit within the Cassia Heights Affordable Apartment Project in accordance with the
requirements and process set forth in Chapter 21.85 of the Carisbad Municipal Code or an
23 alternative solution will need to be authorized subject to City Council approval. The draft
Affordable Housing Agreement shall be submitted to the City Planner no later than 60 days prior
24 to the request to final the map. The recorded Affordable Housing Agreement shall be binding
on all future owners and successors in interest.
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2g 14. 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
2y Manual. Developer shall construct and install all landscaping and irrigation as shown on the
approved Final Plans and maintain all landscaping in a healthy and thriving condition, free from
2g weeds, trash, and debris.
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15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape
2 plan check process on file in the Planning Division and accompanied by the project's building,
improvement, and grading plans.
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16. Developer shall establish a homeowner's association and corresponding covenants, conditions
4 and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner
prior to final map approval. Prior to issuance of a building permit, the Developer shall provide
the Planning Division with a recorded copy ofthe 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:
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General Enforcement by the Citv. 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.
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b. Notice and Amendment. A copy of any proposed amendment shall be provided to the
20 City in advance. If the proposed amendment affects the City, City shall have the right to
disapprove. A copy ofthe final approved amendment shall be transmitted to City within
11 30 days for the official record.
12 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
13 Easements" as provided in Article , Section the City shall
have the right, but not the duty, to perform the necessary maintenance. If the City
14 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
1^ 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 ofthe 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
2g reimbursement with respect thereto from the Owners as provided herein.
29 d. Special Assessments Levied bv the City. In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association's Easements,
20 the City shall submit a written invoice to the Association for all costs incurred by the City
to perform such maintenance ofthe Common Area Lots and or Association's Easements.
21 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
22 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
23 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
24 shall be subject to a late charge in an amount equal to six percent (6%) ofthe 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 ofthe 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
2g special assessment is levied. Each Owner in the Project hereby vests the City with the
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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
17. This project is being approved as a condominium permit for residential homeownership
purposes. If any of the units in the project are rented, the minimum time increment for such
rental shall be not less than 31 days. The CC&Rs for the project shall include this requirement.
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right and power to levy such special assessment, to impose a lien upon their respective
2 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
3 in accordance with the procedures set forth in Article of this Declaration.
4 e. Landscape Maintenance Responsibilities. The HOA's and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit
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18. Prior to issuance of building permits, the Developer shall submit to the City Planner a recorded
10 copy of the Condominium Plan filed with the Department of Real Estate which is in conformance
with the City-approved documents and exhibits.
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19. Developer shall report, in writing, to the City Planner within 30 days, any address change from
12 that which is shown on the permit application, any change in the telecommunications provider,
or any transfer in ownership of the site.
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20. Prior to the approval of the Final Map, Developer shall submit to the City a Notice of Restriction
14 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
1^ interested parties and successors in interest that the City of Carlsbad has issued a Tentative
Tract Map and Planned Development Permit CT 13-06/PUD 13-11 by Resolution No. 7052 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
2g 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.
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21. This project has been found to result in impacts to wildlife habitat or other lands, such as
20 agricultural land, non-native grassland, and disturbed lands, which provide some benefits to
wildlife, as documented in the City's Habitat Management Plan and the environmental analysis
21 for this project. Developer is aware that the City has adopted an In-lieu Mitigation Fee
consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No.
22 2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species.
The Developer is further aware that the City has determined that all projects will be required to
23 pay the fee in order to be found consistent with the Habitat Management Plan and the Open
Space and Conservation Element ofthe General Plan. Developer or Developer's successor(s) in
24 interest shall pay the fee prior to recordation of a final map, or issuance of a grading permit or
building permit, whichever occurs first. If the In-lieu Mitigation Fee for this project is not paid,
this project will not be consistent with the Habitat Management Plan and the General Plan and
any and all approvals for this project shall become null and void.
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22. All roof appurtenances, including air conditioners, shall be architecturally integrated and
2 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
3 Community Development and Planning.
4 23. 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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24. 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
g 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
9 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
20 inside the sales facility stating the fact of a potential pass-through of fees or taxes exists and
where complete information regarding those fees or taxes can be obtained.
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25. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the
12 City Planner, in the sales office at all times. All sales maps that are distributed or made available
to the public shall include but not be limited to trails, future and existing schools, parks, and
13 streets.
14 26. Developer shall post a sign in the sales office in a prominent location that discloses which special
districts and school district provide service to the project. Said sign shall remain posted until ALL
1^ of the units are sold.
16 27. Prior to occupancy of the first dwelling unit the Developer shall provide all required passive and
active recreational areas per the approved plans, including landscaping and recreational
facilities.
1^ 28. This project is approved subject to the condition that the recommendations of the
Geotechnical Investigation Update Report dated October 10, 2013, Allied Earth Technology,
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are implemented.
^0 Engineering 21 NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval
of this proposed subdivision, must be met prior to approval of a final map, grading permit or building
permit, whichever occurs first. 22
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General
29. 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.
30. 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
2g continue to be available until time of occupancy.
PC RESO NO. 7052 -10-
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31. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the Site Plan,
2 with the conceptual grading plan and preliminary utility plan reflecting the conditions approved
by the final decision making body. The reproducible shall be submitted to the city planner,
3 reviewed and, if acceptable, signed by the city's project engineer and project planner prior to
submittal of the building plans, improvement plans, grading pians, or final map, whichever
4 occurs first.
5 32. Developer shall submit to the city engineer an acceptable instrument, via CC&R's and/or other
recorded document, addressing the maintenance, repair, and replacement of shared private
improvements within this subdivision, including but not limited to driveway, utilities,
landscaping, retaining walls enhanced paving, detention basin, low impact development
features, storm drain facilities, etc., located therein and to distribute the costs of such
g maintenance in an equitable manner among the owners of the properties within this
subdivision.
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33. Developer shall prepare, submit and process for city engineer approval a final map to subdivide
20 this project. There shall be one Final Map recorded for this project.
11 34. 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.
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Fees/Agreements
35. Developer shall cause property owner to execute and submit to the city engineer for
14 recordation, the city's standard form Geologic Failure Hold Harmless Agreement.
1^ 36. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city's standard form Drainage Hold Harmless Agreement.
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37. 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
2g Maintenance Agreement.
29 38. Prior to approval of any grading or building permits for this project, developer shall cause owner
to give written consent to the city engineer for the annexation of the area shown within the
20 boundaries of the subdivision into the existing City of Carisbad Street Lighting and Landscaping
District No. 1 and/or to the formation or annexation into an additional Street Lighting and
21 Landscaping District. Said written consent shall be on a form provided by the city engineer.
22 Grading
23 39. 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
2^ technical studies/reports for city engineer review, post security and pay all applicable grading
plan review and permit fees per the city's latest fee schedule.
26 40. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
27 not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
28 maintenance procedures, and other management practices or devices to prevent or reduce the
PC RESO NO. 7052 -11-
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discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the
2 maximum extent practicable. Developer shall notify prospective owners and tenants of the
above requirements.
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41. Developer shall complete and submit to the city engineer a Project Threat Assessment Form
4 (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also
submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level
5 Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all 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.
^ 42. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
g landscape plans, building plans, etc.) incorporate all source control, site design, and Low Impact
Design (LID) facilities.
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43. Developer acknowledges the upcoming City of Carisbad BMP Design Manual pursuant to
20 provision E.3.d of the new California Regional Water Quality Control Board (RWQCB) Order No.
R9-2013-001 adopted on June 27, 2013. During final design, developer shall demonstrate
11 compliance with latest storm water requirements to the satisfaction of the city engineer.
12 44. Developer shall incorporate measures with this project to comply with Standard Stormwater
Requirements per the city's Standard Urban Stormwater Management Plan (SUSMP). These
13 measures include, but are not limited to: 1) reducing the use of new impervious surfaces (e.g.:
paving), 2) designing drainage from impervious surfaces to discharge over pervious areas (e.g.
14 turf, landscape areas), 3) designing trash enclosures to avoid contact with storm runoff, all to
the satisfaction ofthe city engineer.
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45. 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.
46. Developer shall design all proposed public improvements including but not limited to driveways,
29 water services/meters, curb drains, etc., as shown on the tentative map/site plan. These
improvements shall be shown on one ofthe following, subject to city engineer approval:
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a. Grading plans processed in conjunction with this project; or
21 b. Construction Revision to an existing record public improvement drawing
22 47. Developer shall pay plan check and inspection fees using improvement valuations in accordance
with the city's current fee schedule. Developer shall apply for and obtain a right-of-way permit
23 prior to performing work in the city right-of-way.
48. Add the following notes to the final map as non-mapping data:
24 Non-Mapping Notes
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Developer has executed a city standard Subdivision Improvement Agreement and has
27 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 water
2g services/meters, driveways and curb drains.
PC RESO NO. 7052 -12-
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Building permits will not be issued for development of the subject property unless the
2 appropriate agency determines that sewer and water facilities are available.
3 c. Geotechnical Caution:
The owner of this property on behalf of itself and all of its successors in interest has agreed
4 to hold harmless and indemnify the City of Carlsbad from any action that may arise through
any geological failure, ground water seepage or land subsidence and subsequent damage
^ that may occur on, or adjacent to, this subdivision due to its construction, operation or
maintenance.
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d. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to
encroach within the area identified as a sight distance corridor as defined by City ofCarlsbad
Engineering Standards or line-of-sight per Caltrans standards.
g e. The owner of this property on behalf of itself and all of its successors in interest has agreed
to hold harmless and indemnify the City of Carisbad from any action that may arise through
20 any diversion of waters, the alteration of the normal flow of surface waters or drainage, or
the concentration of surface waters or drainage from the drainage system or other
11 improvements identified in the city approved development plans; or by the design,
construction or maintenance of the drainage system or other improvements identified in
12 the city approved development plans.
13 Utilities
14 49. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows,
fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if
proposed, shall be considered public improvements and shall be served by public water mains to
the satisfaction ofthe district engineer.
50. Developer shall design and construct public facilities within public right-of-way or within
minimum 20-foot wide easements granted to the district or the City of Carisbad. At the
2g discretion of the district or city engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
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51. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
20 connection to public facilities.
21 52. Developer shall install or post security for potable water services and meters at locations
approved by the district engineer. The locations of said services shall be reflected on public
22 improvement plans.
23 53. The developer shall meet with and obtain approval from the Leucadia Wastewater District
regarding sewer infrastructure available or required to serve this project.
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PC RESO NO. 7052 -13-
54. The developer shall design public water and sewer facilities substantially as shown on the
tentative map/site plan to the satisfaction ofthe district engineer and city engineer.
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Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
55. This tentative map shall expire two years from the date on which the planning commission
voted to approve this application.
56. 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.
57. Approval of this request shall not excuse compliance with all applicable sections ofthe Zoning
Ordinance and all other applicable City ordinances in effect at time of building permit issuance,
except as otherwise specifically provided herein.
58. Any signs proposed for this development shall at a minimum be designed in conformance with
the City's Sign Ordinance and shall require review and approval of the City Planner prior to
installation of such signs. Premise identification (addresses) shall be provided consistent with
Carlsbad Municipal Code Section 18.04.320.
59. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as
required by Chapter 20.44 ofthe Carisbad Municipal Code.
60. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050
ofthe Carisbad Municipal Code.
61. Premise identification (addresses) shall be provided consistent with Carisbad Municipal Code
Section 18.04.320.
PC RESO NO. 7052 -14-
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NOTICE TO APPLICANT
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An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
3 Drive, Carisbad, California, 92008, within ten (10) calendar days of the date of the Planning
Commission's decision. Pursuant to Carisbad 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
7 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."
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You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest
9 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
10 Carisbad 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.
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You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
12 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
13 fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the
statute of limitations has previously otherwise expired.
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15 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carisbad, California, held on May 21, 2014, by the following vote, to wit:
AYES: Chairperson Black, Commissioners Anderson, L'Heureux, Scully, Segall,
and Siekmann
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NEIL BLAC1<, Chairperson
24 CARLSBAD PLANNING COMMISSION
25 ATTEST
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NOES:
ABSENT:
ABSTAIN:
DON NEU
2g City Planner
PC RESO NO. 7052 -15-