HomeMy WebLinkAbout2020-06-03; Planning Commission; Resolution 7369PLANNING COMMISSION RESOLUTION NO. 7369
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT
PERMIT, SITE DEVELOPMENT PLAN, COASTAL DEVELOPMENT PERMIT,
AND TENTATIVE PARCEL MAP TO DEMOLISH AN EXISTING SINGLE-
FAMILY RESIDENCE AND CONSTRUCT A THREE-UNIT, RESIDENTIAL AIR-
SPACE CONDOMINIUM PROJECT ON A 0.16-ACRE SITE LOCATED AT 160
CHERRY AVENUE, WITHIN THE MELLO II SEGMENT OF THE LOCAL
COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME:
CASE NO.:
THREE ON CHERRY
PUD 2018-0008/SDP 2018-0016/CDP 2018-0041/MS
2018-0012 (DEV2018-0022)
WHEREAS, David Mezzacappa, "Developer/Owner," has filed a verified application with
the City of Carlsbad regarding property described as
Lot "G" in Block 1 of Palisades Heights, in the City of Carlsbad, County
of San Diego, State of California, according to map thereof no. 1777,
filed in the Office of the County 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, and Tentative Parcel Map as shown on
Exhibit(s) "A" -"M" dated June 3, 2020, on file in the Planning Division, PUD 2018-0008/SDP 2018-
0016/CDP 2018-0041/MS 2018-0012 -THREE ON CHERRY, as provided by Chapters 20.24, 21.06, 21.16,
21.45, 21.82, and 21.203 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, and Tentative
Parcel Map.
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 2018-0008/SDP 2018-0016/CDP 2018-0041/MS 2018-0012 -THREE ON CHERRY,
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 19 du/ac is within the R-23 density range of 15-23 du/ac
and at the 19 du/ac that is used for the purpose of calculating the City's compliance with
Government Code Section 65863. The project is consistent with all remaining development
and design standards applicable to the property as contained in Chapters 21.16 (Multiple-
Family Residential) Zone, 21.45 (Planned Developments), and 21.82 (Beach Area Overlay
Zone) 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 three-unit residential air-space condominium project is
compatible with the surrounding single-, two-and multi-family residential uses as permitted
by the Multiple-Family Residential (R-3) Zone; and does not create any traffic circulation
impacts as Cherry Avenue is adequately designed to accommodate the 24 average daily trips
(ADT) being generated.
3. The project will not adversely affect the public health, safety, or general welfare, in that the
three-unit residential air-space condominium project has been designed to comply with all
applicable development standards to ensure compatibility with surrounding single-, two-and
multi-family residential uses. Additionally, the proposed structural improvements will be
required to comply with all seismic design standards as well as all applicable fire safety
requirements.
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 three-unit, three-story residential air-space condominium project is
architecturally harmonious with the surrounding environment in that it is designed with a
modern-beach influence. Primary building materials include smooth-finish stucco, siding,
stone veneer, inset window frames, and glass balcony railings. All elements (i.e. site layout,
architecture, landscaping) create continuity in the overall project design.
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Site Development Plan (SDP 2018-0016)
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 site is surrounded by a mix of existing single-, two-and multiple-family residential
developments. The proposed three-unit condominium project has a density of 19 du/ac and is
consistent with the R-23 Residential (15-23 du/ac) General Plan Land Use designation. At the
Growth ·Management Control Point of 19 du/ac, three units are permitted on the 0.16 net-
developable-acre property. Since the project does not exceed the GMCP, no allocation of
"excess" dwelling units is necessary. 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 three-unit residential condominium will not be detrimental
to existing uses or to uses specifically permitted in the area in that air-space condominiums
are a use permitted within the Residential Density Multiple (RD-M) Zone and is compatible
with the other residential uses surrounding the project site, including single-, two-and
multiple-family residential. The three-unit 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 24 Average Daily Trips (ADT) generated
by the project; the project complies with all minimum development standards of the Carlsbad
Municipal Code, including but not limited to the Multiple-Family Residential (R-3) Zone, Beach
Area Overlay Zone (BAOZ), and the Planned Development Ordinance. Additionally, the project
provides adequate parking onsite 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, in that
the three-unit residential air-space condominfum project complies with all applicable
development standards (i.e. setbacks, lot coverage, parking, and height restrictions) of the
Multiple-Family Residential (R-3) Zone, the Beach Area Overlay Zone (BAOZ), 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 three-unit residential air-
space condominium project complies with all applicable development standards (i.e. setbacks,
lot coverage, parking, and height restrictions) of the Multiple-Family Residential (R-3) Zone,
the Beach Area Overlay Zone (BAOZ), and the Planned Development Ordinance. Landscaping
along Cherry Avenue 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 and 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 three-unit residential air-space condominium
project will be accessed via Cherry Avenue, which is identified as a local street and is designed
to adequately handle the 24 Average Daily Trips (ADT) generated by the project. Cherry
Avenue is already improved with pavement, curb, gutter and sidewalks next to a curb-
adjacent parkway. The project will reconstruct portions of the curb, gutter and sidewalk along
the project frontage due to the modification of the driveway.
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Coastal Development Permit (CDP 2018-0041)
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-, two-and multi-family residential development by the
Mello II LCP. The proposed three-unit condominium project has a density of 19 du/ac and is
consistent with the R-23 Residential {15-23 du/ac) General Plan Land Use designation. At the
Growth Management Control Point of 19 du/ac, three units are permitted on this 0.16 net-
developable-acre property. The proposed three-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 three-unit
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 three-
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 three-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 e~osion. 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 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 2018-0012)
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 three-unit residential air-
space condominium created through the tentative parcel map satisfies all the minimum
PC RESO NO. 7369 -4-
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 (BAOZ),
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 single-and multiple-family residential projects.
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 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 (BAOZ) are incorporated into the three-unit 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 three-unit
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 structure is designed to include
balconies and operable windows oriented to maximize exposure of each unit to natural light
and ve.ntilation from nearby coastal breezes.
20. That the Planning Commission has considered, in connection with the housing proposed by this
subdivision, the housing needs of the reg ion, 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 likeiy to cause substantial
. environmental damage nor substantially and avoidably injure fish and wildlife or their habitat, in
that the three-unit residential air-space condominium project site is an infill 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 three-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.
General
PC RESO NO. 7369 -5-
23. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the City'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 proposed three-unit residential infill development
makes efficient use of the existing lot in that it increases the number of units from one to
three. A three-unit development is compatible with the surrounding development. The
three-unit residential project has a density of 19 dwelling units per acre which is within
the R-23 Residential density range of 15-23-du/ac and does not exceed nor is below the
density range required for this land use designation. The project also satisfies the
minimum dwelling units used for the purpose of calculating the City's compliance with
Government Code Section 65863.
b. Mobility -The proposed project has been designed to meet all of the circulation
requirements, including a single driveway access point off Cherry Avenue. In addition, the
applicant will be required to pay traffic impact fees prior to issuance of building permit
that will go toward future road improvements.
c. Noise -The proposed project is consistent with the Noise Element of the General Plan in
that the project's building design, with the windows open or with mechanical ventilation
as noted on the plans, adequately attenuates the noise levels for the new condominiums
as described in the noise analysis report (ABC Acoustics, Inc., dated August 27, 2018).
d. Housing -The project is conditioned to pay an in-lieu fee on a per unit basis for two units
if building permits for the three-unit project are applied for within two years of
demolishing the existing single-family residence.
e. Public Safety -The proposed structural improvements will be required to be designed in
conformance with all seismic design standards. In addition, the project is consistent with
all of the applicable fire safety requirements. Additionally, the proposed project is not
located in an area of known geologic instability or flood hazard and the site is not located
in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction
24. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 1 and all City public facility policies and ordinances. The project
includes elements or has been conditioned to construct or provide funding to ensure that all
facilities and improvements regarding sewer collection and treatment; water; drainage;
circulation; fire; schools; parks and other recreational facilities; libraries; government
administrative facilities; and open space, related to the project will be installed to serve new
development prior to or concurrent with need. Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified School District
that the project has satisfied its obligation for school facilities.
b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected
prior to the issuance of building permit.
PC RESO NO. 7369 -6-
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.
25. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
26 . 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 15303(b) -New Construction or Conversion of Small
Structures, of the state California Environmental Quality Act (CEQA) Guidelines, of the state
CEQA Guidelines.
27. 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, and Tentative
Parcel Map.
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, and Tentative Parcel Map documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development shall
occur substantially as shown on the approved Exhibits. Any proposed development, different
from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are chal_lenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
PC RESO NO. 7369 -7-
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly,
from (a) city's approval and issuance of this Planned Development Permit, Site Development
Plan, Coastal Development Permit, and Tentative Parcel Map, (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 to that Plan prior to
the issuance of building permits.
9. This approval shall become null and void if building permits are not issued for this project within
24 months from the date of project approval.
10. Building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides written certification to the City that adequate water
service and sewer facilities, respectively, are available to the project at the time of the
application for the building permit, and that water and sewer capacity and facilities will continue
to be available until the time of occupancy. A note to this effect shall be placed on the Final
Map.
11. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD
#1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code
Section 5.09.040. 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.
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12. Prior to the issuance of the grading permit or final 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, and Tentative Parcel Map, by Resolution(s) No. 7369 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. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan
showing conformance with the approved Preliminary Landscape Plan and the City's Landscape
Manual. Developer shall construct and install all landscaping and irrigation as shown on the
approved Final plans. All landscaping shall be maintained in a healthy and thriving condition,
free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the
optimum amount of water to the landscape for plant growth without causing soil erosion and
runoff.
14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape
pian check process on file in the Planning Division and accompanied by the project's building,
improvement, and grading plans.
15. 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
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
PC RESO NO. 7369 -9-
out such maintenance of the Common Area Lots and/or Association's Easements within the
period spedfied by the city's notice, the City shall be entitled to cause such work to be
completed and shall be entitled to reimbursement with respect thereto from the Owners as
provided herein.
d. Special Assessments Levied by the City: In the event the City has performed the necessary
maintenance to either Common Area Lots and/or Association's Easements, the city shall
submit a written invoice to the Association for all costs incurred by the City to perform such
maintenance of the Common Area Lots and or Association's Easements. The city shall
provide a copy of such invoice to each Owner in the Project, together with a statement that
if the Association fails to pay such invoice in full within the time specified, the city will
pursue collection against the Owners in the Project pursuant to the provisions of this
Section. Said invoice shall be due and payable by the Association within twenty (20) days of
receipt by the Association. If the Association shall fail to pay such invoice in full within the
period specified, payment shall be deemed delinquent and shall be subject to a late charge
in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City
may pursue collection from the Association by means of any remedies available at law or in
equity. Without limiting the generality of the foregoing, in addition to all other rights and
remedies available to the city, the city may levy a special assessment against the Owners of
each Lot in the Project for an equal pro rata share of the invoice, plus the late charge. Such
special assessment shall constitute a charge on the land and shall be a continuing lien upon
each Lot against which the special assessment is levied. Each Owner in the Project hereby
vests the city with the right and power to levy such special assessment, to impose a lien
upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure
procedures against any Owner and his/her respective Lot for purposes of collecting such
special assessment in accordance with the procedures set forth in Article ____ of this
Declaration.
e. Landscape Maintenance Responsibilities: The 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 -----
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 CFD
#1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code
Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee
for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building
permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan
and shall become void.
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
PC RESO NO. 7369 -10-
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 ex~stence 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 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.
20. The developer shall pay to the city an inclusionary housing in lieu fee as an individual fee on a
per market rate dwelling unit basis for two units in the amount in effect at the time, as
established by City Council Resolution from time to time. If building permits are not applied
within two years of demolishing the existing unit, then the inclusionary housing in lieu fee will
be paid for three units.
21. 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.
22. 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.
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.
24. Developer shall report, in writing; to the City Planner within 30 days, any address change from
that which is shown on the permit application, any change in the telecommunications provider,
or any transfer in ownership of the site.
Engineering:
25. 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.
26. • 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.
27. 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
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improvements within this subdivision, including but not limited to private driveway, utilities,
street trees, sidewalks, landscaping, retaining walls, enhanced paving, water quality
treatment measures, low impact development features, 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.
28. 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.
29. 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.
30. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover,
etc.) and irrigation along the parkway frontage with Cherry Avenue as shown on the tentative
map.
Fees/ Agreements
31. 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.
32. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city's standard form Drainage Hold Harmless Agreement.
33. Developer shall cause property owner to submit an executed copy to the city engineer for
recordation a city standard Permanent Stormwater Quality Best Management Practice
Maintenance Agreement.
Grading
34. 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.
35. This project may require off site grading. No grading for private improvements shall occur
outside the project unless developer obtains, records, and submits a recorded copy, to the city
engineer, a temporary grading, construction or slope easement or agreement from the
owners of the affected properties. If developer is unable to obtain the temporary grading or
slope easement, or agreement, no grading permit will be issued. In that case developer must
either apply for and obtain an amendment of this approval or modify the plans so grading will
not occur outside the project and apply for and obtain a finding of substantial conformance
and/or consistency determination from both the city engineer and city planner.
36. 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
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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.
37. If shoring is required, concurrent with the grading plans Developer shall include shoring plans
as part of the grading plans to the satisfaction of the city engineer and building official.
Structural calculations for all shoring shall be submitted for review and approval by the
building division. Developer shall pay all deposits necessary to cover any 3rd party review.
Storm Water Quality
38. 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.
39. 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.
40. 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.
41. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist
Form. Developer is responsible to ensure that all final design plans, grading plans, and building
plans incorporate applicable best management practices (BMPs). These BMPs include site
design, source control and Low Impact Design (LID) measures including, but not limited to,
minimizing the use of impervious area (paving), routing run-off from impervious area to
pervious/landscape areas, preventing illicit discharges into the storm drain and adding storm
drain stenciling or signage all to the satisfaction of the city engineer.
42. 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.
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43. Developer shall design all proposed public improvements including but not limited to sewer
lateral, sewer manhole, driveway, landscaping, water service/meter, sidewalk, curb and
gutter, curb drains, etc.) as shown on the tentative map. These improvements shall be shown
on one of the following, subject to city engineer approval:
A. Grading plans processed in conjunction with this project; or
B. Construction Revision to an existing record public improvement drawing
Developer shall pay plan check and inspection fees using improvement valuations in accordance
with the city's current fee schedule. Developer shall execute a city standard Subdivision
Improvement Agreement to install said improvements and shall post security in accordance
with C.M.C. Section 20.16.070. Developer shall apply for and obtain a right-of-way permit prior
to performing work in the city right-of-way.
Non-Mapping Notes
44. 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:
1) Sewer lateral and sewer manhole
2) Water service/meter
3) Driveway, sidewalk, and curb and gutter
4) Curb drains, and
5) Landscaping
B. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
C. The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may
arise through any geological failure, ground water seepage or land subsidence and
subsequent damage that may occur on, or adjacent to, this subdivision due to its
construction, operation or maintenance.
D. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted
to encroach within the area identified as a sight distance corridor as defined by City of
Carlsbad Engineering Standards or line-of-sight per Caltrans standards.
E. The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may
arise through any diversion of waters, the alteration of the normal flow of surface
waters or drainage, or the concentration of surface waters or drainage from the
drainage system or other improvements identified in the city approved development
PC RESO NO. 7369 -14-
Utilities
plans; or by the design, construction or maintenance of the drainage system or other
improvements identified in the city approved development plans.
F. There are no public park or recreational facilities to be located in whole or in part within
this subdivision. The subdivider is therefore obligated to pay park-in-lieu fees in
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.
45. Developer shall meet with the fire marshal to determine if fire protection measures {fire flows,
fire hydrant locations, building sprinklers) are· required to serve the project. Fire hydrants, if
proposed, shall be considered public improvements and shall be served by public water mains
to the satisfaction of the district engineer.
46. Developer shall install potable water and/or recycled water services and meters at locations
approved by the district engineer. The locations of said services shall be reflected on public
improvement plans.
47. The developer shall agree to install sewer laterals and clean-outs at locations approved by the
city engineer. The locations of sewer laterals shall be reflected on public improvement plans.
48. The developer shall design and agree to construct public water, sewer, and recycled water
facilities substantially as shown on the tentative map to the satisfaction of the district engineer
and city engineer.
49. The potable water service for this project shall be master-metered which shall be located
within a water easement subject to approval by the district engineer. Developer shall install
private sub-meters as necessary for all proposed units in the building. Final meter design,
backflow preventer, size, and manufacturer shall be provided to the satisfaction of the district
engineer and shown on public improvement plans.
Code Reminders
50. This tentative map shall expire two years from the date on which the planning commission
voted to approve this application.
51. 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.
52. 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 Parcel Map are for planning
. purposes only.
53. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final parcel map as
required by Chapter 20.44 of the Carlsbad Municipal Code.
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54. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050.
55. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code. ·
56. Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building permit issuance,
except as otherwise specifically provided herein.
57. The project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code. -
58. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
59. 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
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 ofthe applicable development permits.
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.
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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 final 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:
VEL YN ANDERSON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
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