HomeMy WebLinkAbout2021-01-20; Planning Commission; Resolution 7397PLANNING COMMISSION RESOLUTION NO. 7397
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A SITE
DEVELOPMENT PLAN, COASTAL DEVELOPMENT PERMIT, HABITAT
MANAGEMENT PLAN PERMIT, AND MINOR SUBDIVISION FOR THE
CONSTRUCTION OF 192 MULTIFAMILY RESIDENTIAL UNITS LOCATED
SOUTHWEST OF THE INTERSECTION OF PALOMAR AIRPORT ROAD AND
PALOMAR OAKS WAY WITHIN THE MELLO II SEGMENT OF THE LOCAL
COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: WEST OAKS
CASE NO.: SDP 16-20/CDP 16-31/HMP 16-04/MS 2018-0005 (DEV
13018)
WHEREAS, The Carlsbad West Oaks Project Owner, LLC, "Owner/Developer," has filed a
verified application with the City of Carlsbad regarding property described as
Lots 1 through 7 of Carlsbad Tract No. 82-04 Palomar Oaks. In the City
of Carlsbad, County of San Diego, State of California, according to map
thereof No. 11358, filed in the Office of the County Recorder of San
Diego County, October 23, 1985.
In addition, that portion of that certain parcel of land shown and
designated as "Description No. 3, 78.07 acres" on Record of Survey Map
No. 5715, filed in the Office of the county of Recorder of San Diego
County, December 19, 1960, being a portion of Lot "G" of the Rancho
Agua Hedionda, in the City of Carlsbad, County of San Diego, State of
California, according to Map No. 823, filed in the Office of the County
Recorder of San Diego County, November 16, 1896
("the Property"); and
WHEREAS, said verified application constitutes a request for a Site Development Plan,
Coastal Development Permit, Habitat Management Plan Permit, and Minor Subdivision as shown on
E~hibit(s) "A" -"KKK" dated January 20, 2021, on file in the Planning Division SDP 16-20/CDP 16-31/HMP
16-04/MS 2018-0005 -WEST OAKS, as provided by Chapters 21.06, 21.201, 21.110, 21.210, and 20.24 of
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on January 20, 2021, 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
Site Development Plan, Coastal Development Permit, Habitat Management Permit, and Minor
Subdivision.
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
RECOMMENDS APPROVAL of SDP 16-20/CDP 16-31/HMP 16-04/MS 2018-0005 -WEST
OAKS, based on the following findings and subject to the following conditions:
Findings:
Site Development Plan, SDP 16-20
1. That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will not
be detrimental to existing uses or to uses specifically permitted in the area in which the
proposed use is to be located, and will not adversely impact the site, surroundings or traffic
circulation, in that the project consists of the construction of 192 multiple-family residential
units on a 12.53-acre site located southwest of the intersection of Palomar Airport Road
and Palomar Oaks Way. The site is adjacent to existing industrial, commercial and
residential developments. The proposed multiple-family residential project at a density of
24.5 du/ac is consistent with the R-30 Residential {23-30 du/ac) General Plan Land Use
designation. The project is consistent with the various elements and objectives of the
General Plan as discussed above. The proposed multiple-family residential use will not be
detrimental to existing uses or to uses specifically permitted in the area in which the use is
located in that, multiple-family residential is a use permitte'd within the proposed
Residential Density-Multiple (RD-M) Zone and is compatible with the other residential and
industrial office uses adjacent to the project site. The 192 unit multiple-family residential
project will not adversely impact the site, surroundings, or traffic circulation in that the
existing surrounding streets have adequate capacity to accommodate the 1,152 Average
Daily Trips (ADT) generated by the residential project; the project complies with all
minimum development standards of the Carlsbad Municipal Code, including but not limited
to the RD-M Zone with the requested affordable housing standards modification, and the
project is adequately parked onsite and does not result in any environmental impacts.
2. That the site for the intended use is adequate in size and shape to accommodate the use, in
that the 192 multiple-family residential unit project complies with all of the minimum
development standards (i.e. front, side and rear setbacks, lot coverage, parking (with
requested affordable housing standards modification), and height restrictions) of the
Carlsbad Municipal Code, including but not limited to the RD-M Zone, as demonstrated in
the project staff report.
3. 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 buildings with 192 units
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complies with all of the minimum development standards (i.e. front, side and rear setbacks,
lot coverage, parking (with requested affordable housing standards modification), and
height restrictions) of the Residential Density -Multiple (RD-M} Zone. Landscaping along
the outer edge of the property, including the front setback area along Palomar Oaks Way
will be provided consistent with the requirements of the city's Landscape Manual.
4. That the street systems serving the proposed use are adequate to properly handle all traffic
generated by the proposed use, in that the 192 unit multiple-family residential project will
not adversely impact the site, surroundings, or traffic circulation in that the existing
surrounding streets have adequate capacity to accommodate the 1,152 Average Daily Trips
(ADT) generated by the residential project; the project complies with all minimum
development standards of the Carlsbad Municipal Code, including but not limited to the RO-
M Zone; and the project is adequately parked onsite and does not result in any
environmental impacts. Adjacent streets are already fully improved with pavement, curb,
gutter, parkway and sidewalk.
Coastal Development Permit, CDP 16-31
5. That the proposed development is in conformance with the Certified Local Coastal Program
and all applicable policies in that the project preserves approximately 49% of the site as open
space, provides measures adequate to mitigate impacts to onsite and offsite habitat, and
includes erosion (:ontrol measures that protect coastal resources.
6. 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 a beach or water-based
recreational facilities.
7. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(Chapter 21.203 of the Zoning Ordinance) in that the 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. Habitat impacted by the project is being mitigated according
to the mitigation standards of the Habitat Management Plan. In addition, the site is not
located in an area prone to landslides, or susceptible to accelerated erosion, or liquefaction,
and the residential structures are not subjected to a 100-year flood.
Habitat Management Plan Permit, HMP 16-04
8. That the West Oaks proposed open space Lots 1 and 2 are shown in Figure 28 of the approved
HMP as Hardline Preserve Areas and were added to the HMP as a result of an equivalency
determination approved by the Wildlife Agencies on March 28, 2019. The proposed minor
subdivision and land use change will create two Open Space lots (Open Space Lots 1 and 2)
that follow the boundaries of these two Hardline Preserve Areas. Consistent with the HMP
and CMC Section 21.210.040 these Hardline Preserve Areas will be designated as biological
open space and preserved in such designation in perpetuity.
9. That authorization to impact sensitive habitats through habitat restoration (i.e. creation and
restoration) totaling 0.24 acres of jurisdictional southern willow scrub, 0.03 of open water, and
0.04 acre of coastal sage scrub and the removal of 6.26 acres of disturbed land is subject to
continuous compliance with all provisions of the Habitat Management Plan for Natural
PC RESO NO. 7397 -3-
Communities in the City of Carlsbad '(HMP), the Citywide Incidental Take Permit issued for the
HMP, the Implementing Agreement, the Terms and Conditions of the Incidental Take Permit, and
the Biological Opinion.
10. That authorization to impact sensitive habitats is subject to continuous compliance with all
mitigation measures as stated in the Mitigated Negative Declaration, Mitigation Monitoring and
Report Program and Addendum for GPA 16-04/ZC 16-03/LCPA 16-04/ SDP 16-20/CDP 16-
31/HMP 16-04/MS 2018-0005 (DEV13018) -WEST OAKS and is subject to all conditions
contained in Planning Commission Resolution No. 7395 for those other approvals, including but
not limited to recordation of conservation easements over all conserved areas and management
and monitoring in perpetuity by a qualified conservation entity.
11. That authorization to impact sensitive habitats through habitat restoration (i.e. creation and
restoration) totaling 0.24 acres of jurisdictional southern willow scrub, 0.03 of open water, and
0.04 acre of coastal sage scrub and the removal of 6.26 acres of disturbed land is subject to
continuous compliance with the provisions of Volumes I, II and Ill of the Multiple Habitat
Conservation Program and the Final Environmental Impact Statement/Environmental Impact
Report for Threatened and Endangered Species Due to Urban Growth within the Multiple Habitat
Conservation Program Planning Area (SCH No. 93121073).
12. That all impacts to habitat will be incidental to otherwise lawful activities related to construction
and operation of the West Oaks project.
13. That the project design as approved by the City of Carlsbad has avoided and minimized impacts
to wildlife habitat and species of concern to the maximum extent practicable. Specifically, the
project provides measures adequate to mitigate impacts to onsite habitat and includes
appropriate erosion control measures.
14. That adequate funding has been provided to address changed circumstances and adaptive
management needs that may be reasonably anticipated in the future, consistent with the HMP
Implementing Agreement.
15. That the authorization to impact sensitive habitats as a result of the project will not appreciably
reduce the likelihood of survival and recovery of the species in the wild due to compliance with
all of the above stated requirements, as well as ongoing monitoring and reporting to the wildlife
agencies and the public.
16. The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat
Management Plan, which is a comprehensive conservation plan and implementation 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 development in
accordance with Carlsbad'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 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 implementation of the city's
Habitat Management Plan.
PC RESO NO. 7397 -4-
17. The Planning Commission hereby finds that all development in Carlsbad benefits from the
Habitat Management Plan, which is a comprehensive conservation plan and implementation
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
development in accordance with Carlsbad'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 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 implementation of the City's Habitat Management Plan. Pursuant to the
HMP, the project mitigation measures require habitat restoration (i.e. creation and
restoration) totaling 0.24 acres of jurisdictional southern willow scrub, 0.03 of open water,
and 0.04 acre of coastal sage scrub and the project is conditioned to pay habitat in-lieu fees
for impacts to 6.26 acres of disturbed land (Habitat Group F).
Minor Subdivision, MS 2018-0005
18. 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 project
implements the goals and policies of the General Plan as discussed in the General Findings
section below; is consistent with all minimum requirements of Titles 20 and 21 governing
lot size and configuration; and has been designed to comply with all applicable City
regulations.
19. That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for residential, industrial and commercial
development on the General Plan and the closest developments to the site are in excess of
300 feet of the site and residential use will be compatible with the variety of uses in the
area.
20. That the site is physically suitable for the type and density of the development since the site
is adequate in size and shape to accommodate residential development at the density
proposed, in that the plans demonstrate how multi-family residential buildings may be
developed on the undeveloped lots, consistent with the zoning ordinance, without the need
for variances.from development standards.
21. That the design of the subdivision or the type of improvements will not conflict with
easements of record or easements established by court judgment, or acquired by the public
at large, for access through or use of property within the proposed subdivision, in that the
project has been designed such that there is no habitat creation or restoration within any
established below grade easement areas and there are no conflicts with a~y established
easements for overhead utilities.
22. That the property is not subject to a contract entered into pursuant to the Land Conservation
Act of 1965 (Williamson Act).
PC RESO NO. 7397 -5-
23. That the design of the subdivision provides, to the extent feasible, for future passive or natural
heating or cooling opportunities in the subdivision, in that the new lots allow for passive or
natural solar heating and cooling opportunities and provide ample area to take advantage
of prevailing breezes.
24. That the City Planner 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.
25. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish and wildlife or their habitat, in
that the project provides measures adequate to mitigate impacts to onsite habitat and includes
appropriate erosion control measures.
26. 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 tentative parcel
map does not propose any physical development that would discharge waste thus resulting
in a violation of existing California Regional Water Quality Control Board requirements.
Future development is required to be designed in accordance with the latest orders
established by the regional water quality control board.
City Council Policy No. 43, Allocation for Excess Dwelling Units
27. That the City's Housing Policy Team recommended approval of the request for an allocation of
192 units from the EDUB on January 29, 2019.
28. That the project location and density are compatible with the existing adjacent residential
neighborhoods and/or nearby existing or planned uses in that the surrounding properties are
designated for residential, industrial and commercial development on the General Plan and the
closest developments to the site are in excess of 300 feet of the site and the residential use will
be compatible with the variety of uses in the area. The residential buildings are located on the
site to ensure that the project minimizes impacts on the habitat with limited impact on adjacent
development. The project's density of 24.5 du/ac is within the range of 23-30 du/ac and at the .
Growth Management Control Point of 25 du/ac (24.5 rounds up to 25 du/ac) for the proposed
R-30 designation.
29. That the project location and density are in accordance with the applicable provisions of the
General Plan and any other applicable planning document, in that a residential apartment project
is consistent with the proposed R-30 Residential General Plan Land Use designation.
30. That the project complies with the findings stated in the General Plan Land Use Element for
projects that exceed the growth management control point for the applicable density range in
that:
a. The project qualifies for and will receive an allocation of "excess" dwelling units, pursuant to
City Council Policy No. 43 in that the project is compatible with surrounding existing and
planned neighborhoods and land uses, and the Southwest Quadrant dwelling unit limit
will not be exceeded as a result of the proposed project, as further discussed below.
PC RESO NO. 7397 -6-
General
b. There have been sufficient residential projects approved at densities below the GMCP so the
citywide and quadrant dwelling unit limits will not be exceeded as a result of the proposed
project in that as of December 30, 2020, a total of 1,127 dwelling units are available in the
Southwest Quadrant and 183 dwelling units remain in the excess dwelling unit bank (EDUB).
The project proposes to reduce the number in the Southwest Quadrant and EDUB by 192
dwelling units for the proposed Residential (R-30) density site. Therefore, given that there
are not enough dwelling units in the EDUB for the project (currently 183 units are in the
EDUB and the project requires 192 units), the City Council will be asked to allocate units
from the City Council Reserved Excess Dwelling Units for the development of the project.
With the allocation of units from the City Council Reserved Excess Dwelling Units the
citywide and quadrant dwelling unit limits will not be exceeded as a result of the proposed
project.
c. All necessary public facilities required by the Citywide Facilities and Improvements Plan will
be constructed, or are guaranteed to be constructed, concurrently with the need for them
created by this development and in compliance with adopted city standards in that the
project plans and conditions of approval ensure either financial contribution through
required impact fees or actual construction of improvements concurrent with development.
31. 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 January 20, 2021, including, but not limited to the following:
A. Land Use -The project is consistent with the Land Use and Community Design Element
in that the proposed project consists of a request for a General Plan Amendment to
change the General Plan Land Use designation from Planned Industrial (Pl) to
Residential (R-30), the Open Space (OS) land use designation and (OS) zoning
boundaries on the site, and a Local Coastal Program Amendment to reflect the General
Plan Land Use to allow for a subdivision with two residential lots and two open space
lots on a 12.53-acre site. The proposed 192-unit project is consistent with the proposed
R-30 General Plan land use designation in that the project's density of 24.5 du/ac is
within the range of 23-30 du/ac and at the Growth Management Control Point of 25
du/ac (24.5 rounds up to 25 du/ac) for the R-30 designation.
The project is compatible with adjacent land uses which include a mix of open space,
industrial, commercial, and residential. The project is bounded by Palomar Airport
Road to the northeast, undeveloped land to the south and southwest with residential
development approximately 425 feet further to the south, open space and a
commercial complex to the west, and the adjacent Palomar Oaks office development
to the east. Minimal impacts are anticipated to these adjacent uses. The project site is
adjacent to a major street, Palomar Airport Road; is adjacent to east -and west-bound
bus stops for two NCTD bus routes; and provides workforce housing that supports
nearby employment centers. The residential buildings are located on the site to ensure
that the project minimizes impacts on the habitat with limited impact on adjacent
development.
The northeastern portion of the project site is located within Safety Zone 3 -Inner
Turning Zone, while the remainder of the project site is located within Safety Zone 6 -
PC RESO NO. 7397 -7-
Traffic Pattern Zone of the McClellan-Palomar Airport Land Use Compatibility Plan
(ALUCP). Within Safety Zone 6, new residential development is considered compatible,
and there is no limit on an acceptable density. In Safety Zone 3, new residential
development is limited to no more than 16 DU/AC or 130 people. Approximately 1.72
acres of the western portion of the site overlaps with Zone 3 and one building, Building
D, is in this area. As such, Zone 3 would include approximately seven DU/AC. According
to the ALUCP, new residential development at a density of more than four DU/ AC but
no more than 13 DU/ AC is conditionally compatible. On October 1, 2020, the ALUC
determined that the proposed project is consistent with the McClellan-Palomar ALUCP.
The project is located within the Airport Overflight Notification Area and therefore, the
project has been conditioned to record a notice informing future residents that the
property is subject to overflight, sight and sound of aircraft operating from the airport.
B. Open Space and Conservation -The project is consistent with the Open Space and
Conservation Element in that the project is consistent with the habitat preservation and
restoration requirements of the Habitat Management Plan and the recommendations
of the Biological Resources Technical Report for the project (Dudek, August 2019).
Furthermore, the project implements and is consistent with measures identified in the
Climate Action Plan (CAP) through the provision of renewable energy generation
(photovoltaic systems), energy conservation (Green Building Code), and by
accommodating Zero-Emission vehicles and other greenhouse gas reduction measures
and features. The project will also be subject to CAP ordinances that are in effect at the
time building permits are issued.
C. Noise -The project is consistent with the Noise Element in that the project will not result
in exposure of persons to or generation of noise levels in excess of standards
established in the City's General Plan or Noise Guidelines Manual. A Noise Technical
Report (Dudek, April 2020) was prepared for the project in accordance with the Noise
Guidelines Manual and found that the site is acceptable for the residential
development, after reviewing both traffic and airport noise levels for the site. The
report concludes that certain special design considerations, included as Mitigation
Measures NOl-1 and NOl-2 in the Mitigated Negative Declaration attached to Planning
Commission Resolution No. 7395, will assure the future residential living space noise
levels are acceptable.
D. Public Safety -The project is consistent with the Public Safety Element in that the
proposed project will provide fire hydrants and supporting water infrastructure in
accordance with fire marshal requirements. Dwelling units proposed by the project
would be within the 5-minute response time as required by the Growth Management
Plan. The project is required to comply with all Building and Fire codes to ensure that
fire protection standards are met by the proposed structures. The project has been
conditioned to develop and implement a program of "best management practices" for
the elimination and reduction of pollutants which enter into and/or are transported
within storm drainage facilities. Lastly, the project is required to construct or pay
applicable fees for necessary improvements, public utilizes and facilities in accordance
with Growth Management requirements. The project will not impact the city's ability
to implement its Emergency Operations Plan.
32. The project is consistent with the Citywide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 5 and all city public facility policies and ordinances. The
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project includes elements or has been conditioned to construct or provide funding to ensure
that all facilities and improvements regarding sewer collection and treatment, water,
drainage, circulation, fire, schools, parks and other recreational facilities, libraries,
government administrative facilities, and open space, related to the project will be installed
to serve new development prior to or concurrent with need. Specifically,
A. The project has been conditioned to provide proof from the Carlsbad Unified School
District that the project has satisfied its obligation for school facilities.
B. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44 and will be
collected prior to issuance of building permit.
C. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected
prior to the issuance of building permit.
D. The Local Facilities Management fee for Zone 5 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
33. The project is consistent with the adopted Airport Land Use Compatibility Plan for the
McClellan-Palomar Airport (ALUCP), dated March 4, 2010, in that:
a. The proposed residential uses are outside the 60 decibel Community Noise Equivalent
Level (dB CNEL) and within the 60-65 dB CNEL noise exposure contours. The ALUCP
identifies residential uses located outside the 60 dB CNEL noise contour as compatible
and within the 60-65 dB CNEL noise contour as conditionally compatible with airport
uses, provided that the residences within the 60-65 dB CNEL noise contour are sound
attenuated to. 45 dB CNEL interior noise level. As a condition of project approval, the
residences within the 60-65 dB CNEL noise contour will be sound attenuated to 45 dB
CNEL interior noise level;
b. The proposed project is located within Safety Zones 3 and 6. The ALUCP identifies
residential uses located within Safety Zone 3 as conditionally compatible with airport
uses, provided that the project does not exceed 16 dwelling units per acre; complies
with clustering requirements not exceeding 20 dwelling units per net acre within any
single acre of area; and, for densities more than 4 but less than or equal to 8 dwelling
units per acre, provides at least 10 percent of the site within the zone as open land as
defined by the ALUCP. The project proposes 6.25 units per acre within Safety Zone 3;
does not exceed 20 dwelling units per net acre within any single acre of the site within
the zone; and provides more than 10 percent of the site within the zone as open land
as defined by the ALUCP, and therefore complies with the Safety Zone 3 limitation. The
ALUCP identifies residential uses located within Safety Zone 6 as compatible with
airport uses;
c. The proposed project is located within the Airport Overflight Notification Area.
Accordingly, the project has been conditioned to record a notice informing future
residents that the property is subject to overflight, sight and sound of aircraft operating
from the airport; and
d. The requested land use change was determined to be consistent with the Airport Land
Use Compatibility Plan by the Airport Land Use Commission staff on October 1, 2020.
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34. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
35. 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 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
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 Site Development Plan,
Coastal Development Permit, Habitat Management Plan Permit, and Minor Subdivision.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Site Development Plan, Coastal Development Permit, Habitat Management
Plan Permit, and Minor Subdivision 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 provrsrons of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
5. Developer shall implement, or cause the implementation of, the project Mitigated Negative
Declaration, Mitigation Monitoring and Report Program and Addendum for GPA 16-04/ZC 16-
03/LCPA 16-04/ SOP 16-20/CDP 16-31/HMP 16-04/MS 2018-0005 -WEST OAKS.
6. 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 Site Development Plan, Coastal Development Permit,
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Habitat Management Plan Permit, and Minor Subdivision, (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.
7. 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 Parcel 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.
8. 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.
9. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 5 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
10. This approval is granted subject to the approval of the Mitigated Negative Declaration,
Mitigation Monitoring and Report Program and Addendum for GPA 16-04/ZC 16-03/LCPA 16-
04/ SDP 16-20/CDP 16-31/HMP 16-04/MS 2018-0005 -WEST OAKS and the approval of GPA 16-
04/ZC 16-03/LCPA 16-04, and is subject to all conditions contained in Planning Commission
Resolution No. 7395 and 7396 for those other approvals incorporated herein by reference.
11. Any permit or approval granted pursuant to this title becomes null and void if not exercised
. within two years of the date of the Coastal Commission approval; however, permits or
approvals which are issued in conjunction with a tentative map or tentative parcel map, shall
not expire sooner than the approved tentative map or tentative parcel map. The permit or
approval may be extended pursuant to Section 21.58.040. (Ord. CS-178 § CXII, 2012; Ord. CS-
102 § CVII, 2010).
12. 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.
13. 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
5, 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.
PC RESO NO. 7397 -11-
14. Developer shall submit to the city a Notice of Restriction executed by the owner of the real
property to be developed. Said notice is to be filed in the office of the County Recorder, subject
to the satisfaction of the City Planner, notifying all interested parties and successors in interest
that the City of Carlsbad has issued a(n Site Development Plan, Coastal Development Permit,
Habitat Management Plan Permit, and Minor Subdivision by Resolution(s) No. 7397 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.
15. Prior to the approval of the final map for any phase of this project, the Developer shall enter into
an Affordable Housing Agreement with the city to provide and deed restrict forty-two {42) one,
two, and three-bedroom dwelling units {22 percent of the total dwelling units) as affordable to
lower-income households (with incomes ranging from 30% to 70% of the San Diego County Area
Median Income {AMI) for 55 years, in accordance with the requirements and process set forth
in Chapter 21.85 of the Carlsbad Municipal Code. The Affordable Housing Agreement shall
specify that: 1) no fewer than four of the units shall be affordable to households with incomes
at or below 35% AMI; 2) no fewer than six of the units shall be three-bedroom units, at least
one of which shall be affordable at or below 35% AMI; 3) no unit shall exceed 70% AMI
affordability; and 4) the average affordability for all restricted units shall not exceed 60% AMI.
The draft Affordable Housing Agreement shall be submitted to the City Planner no later than 60
days prior to the request to final the map. The recorded Affordable Housing Agreement shall be
binding on all future owners and successors in interest.
16. Developer shall construct the required inclusionary units concurrent with the project's market
rate units, unless both the final decision-making authority of the city and the Developer agree
within an Affordable Housing Agreement to an alternate schedule for development.
17. As a condition of this approval, applicant must comply with the requirements of all regulatory
agencies having jurisdiction over the project and any mitigation requirements of the
environmental documents for the project. Pursuant to Government Code section 65871 and
Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140, applicant shall grant a
conservation easement over all onsite and offsite mitigation areas and the onsite open space lot
for the conservation, protection, and management of fish, wildlife, native plants and the habitat
with the City's adopted Habitat Management Plan.
18. Prior to final map approval (if applicable), or issuance of a grading permit or clearing of any
habitat, whichever occurs first, the Developer shall take all of the following actions to the
satisfaction of the City Planner in relation to the open space lot(s) which are being conserved for
natural habitat in conformance with the city's Habitat Management Plan:
a. Select a conservation entity, subject to approval by the city, that possesses qualifications
to manage the open space lot(s) for conservation purposes.
b. Prepare a Property Analysis Record (PAR) or other method acceptable to the city for
estimating the costs of management and monitoring of the open space lot(s) in perpetuity
in accordance with the requirements of the North County Multiple Habitats Conservation
Plan and the city's Open Space Management Plan.
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c. Based on the results of the PAR, provide a non-wasting endowment or other financial
mechanism acceptable to the City Planner and conse.rvation entity, if any, in an amount
sufficient for management and monitoring of the open space lot(s) in perpetuity.
d. Record a Conservation Easement over the open space lot(s).
e. Prepare and obtain approval of the City Planner, CDFW, USFWS and Coastal Commission
staff for a Preserve Management Plan which will ensure adequate management of the
open space lot(s) in perpetuity.
19. This project has been found to result in impacts to wildlife habitat or other lands, such as
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
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. 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 pay the fee in
order to be found consistent with the Habitat Management Plan and the Open Space and
Conservation Element of the General Plan. Developer or Developer's successor(s) in interest shall
pay the fee prior to recordation of a final map, or issuance of a grading permit or building permit,
whichever occurs first. The applicant shall pay habitat in-lieu mitigation fees, consistent with
the City's Habitat Management Plan (HMP) for impacts to 6.26 acres of disturbed land (Habitat
Group F). 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.
20. The applicant shall submit to the City Planner a digital copy of the biology report exhibits in ESRI-
Shapefile format registered to NAD 83 California State Plane Coordinate System Zone 6 {FIPS 406),
US Survey Feet. The City Planner has the discretion to waive this condition based on factors such
as the scope of the study and the format in which the exhibits were prepared.
21. Developer shall make a separate formal landscape construction drawing plan check submittal to
the Planning Division 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.
22. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan
check process on file in the Planning Division and accompanied by the project's building,
· improvement, and grading plans.
23. 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.
24. Prior to t_he recordation of the first final parcel map or the issuance of building permits, whichever
occurs first, the Developer shall prepare and record a Notice that this property is subject to
overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form
meeting the approval of the City Planner and the City Attorney (see Noise Form #2 on file in the
Planning Division) ..
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25. Developer shall post aircraft noise notification signs in all sales and/or rental offices associated
with the new development. The number and locations of said signs shall be approved by the City
Planner (see Noise Form #3 on file in the Planning Division).
Engineering:
General
26. 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.
27. 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.
28. Developer shall submit to the city engineer an acceptable instrument, via CC&Rs and/or other
recorded document, addressing the maintenance, repair, and replacement of shared private
improvements within this subdivision, including but not limited to private streets, utilities, street
trees, sidewalks, landscaping, street lighting, raised medians, enhanced paving, water quality
treatment measures, low impact development features, storm drain facilities, retaining walls,
and bridge crossing located therein and to distribute the costs of such maintenance in an
equitable manner among the owners of the properties within this subdivision.
29. Developer shall prepare, submit and process for city engineer approval a parcel map to subdivide
this project. There shall be one Parcel Map recorded for this project. Developer shall pay the city
standard map review plan check fees.
30. Developer shall submit to the city engineer written approval from North County Transit District
(NCTD) demonstrating mass-transit improvement requirements for this project have been
satisfied .
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.
34. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for
recordation, an Encroachment Agreement covering private round-a-bout pavers, retaining walls,
trench drain, storm drain cleanout and pipe, storm water quality BMPs, and trash enclosure,
PC RESO NO. 7397 -14-
located over existing and proposed public right-of-way or easements as shown on the tentative
map. Developer shall pay processing fees per the city's latest fee schedule.
35. Developer shall implement Transportation System Management strategies per the city's Mobility
Element policy 3-P.11. Prior to issuance of a grading permit, developer shall pay for the installation
of one traffic signal controller.
Grading
36. Based upon a review of the proposed grading and the grading quantities shown on the site plan,
a grading permit for this project is required. Developer shall prepare and submit plans and
technical studies/reports as required by city engineer, post security and pay all applicable grading
plan review and permit fees per the city's latest fee schedule.
Storm Water Quality
37. 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.
38. 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.
39. Developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3
SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established
by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The
TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff
during construction of the project to the maximum extent practicable. Developer shall pay all
applicable SW PPP plan review and inspection fees per the city's latest fee schedule.
40. This project is subject to 'Priority Development Project' requirements. Developer shall prepare
and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer
approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP
required by this condition shall be reviewed and approved by the city engineer with final grading
plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's
latest fee schedule.
41. 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.
Dedication/Improvements
PC RESO NO. 7397 -15-
42. Developer shall cause owner to submit to the city engineer for recordation a covenant of
easement for private sewer and reciprocal access purposes as shown on the tentative map. The
offer of a covenant of easement shall be made on the final map to the satisfaction of the city
engineer.
43. Developer shall cause owner to dedicate to the city and/or other appropriate entities an
easement for general utility and access purposes as shown on the site plan. The offer shall be
made to the city of Carlsbad, Carlsbad Municipal Water District, Buena Sanitation District, and
Vallecitos Water District by a separate recorded document. All land so offered shall be free and
clear of all liens and encumbrances and without cost to the city. Streets that are already public
are not required to be rededicated. Additional easements may be required at final design to the
satisfaction of the city engineer. The city of Carlsbad, Carlsbad Municipal Water District, Buena
Sanitation District, and Vallecitos Water District shall enter into a joint use utility easement
agreement for the general utility and access easement.
44. Developer shall cause owner to dedicate to the city and/or other appropriate entities an
easement for public street and utility, pedestrian access, and public water purposes as shown
on the site plan. The offer shall be made by a certificate on the final map. All land so offered shall
be free and clear of all liens and encumbrances and without cost to the city. Streets that are
already public are not required to be rededicated. Additional easements may be required at final
design to the satisfaction of the city engineer.
45. Developer shall cause owner to abandon the existing sewer easement dedicated to Buena
Sanitation District as shown on the tentative map and the abandonment shall be made on the
final map to the satisfaction of the city engineer and district engineer. The developer shall notify
the District and obtain written consent on the abandonment of their easement on said final
map in accordance with the Subdivision Map Act section 66434(g).
46. Prior to the issuance of a building permit, developer shall cause owner to quitclaim the existing
sewer easement dedicated to Vallecitos Water District and the quitclaim shall be made per
separate recorded document to the satisfaction of the District.
47. Prior to the issuance of a building permit, developer shall cause owner to amend the existing
public utilities easement dedicated to San Diego Gas and Electric (SDG&E) as shown on the
tentative map and the amendment shall be made per separate recorded document to the
satisfaction of SDG&E.
48. Developer shall cause owner to submit to abandon the existing storm drain, street, and sewer
easement dedicated to the city of Carlsbad as shown on the tentative map and the
abandonment shall be made on the final map to the satisfaction of the city engineer.
49. Developer shall implement Transportation Demand Management strategies per the city's
Mobility Element policy 3-P.11. Prior to building occupancy, the Developer shall submit a
Transportation Demand Management (TDM) Plan equivalent to a Tier 2 TDM Plan per the city's
TDM Handbook to the satisfaction of the city engineer.
50. Prior to building occupancy, developer shall install the following transportation demand
management infrastructure measures, in accordance with the project transportation demand
management plan, to the satisfaction of the City Engineer:
PC RESO NO. 7397 -16-
a. public bike parking (bike racks)
b. bench and trash can for eastbound transit stop and bench for westbound transit stop
c. on-site amenities (business center)
d. bicycle and pedestrian connections (sidewalk improvement)
51. Prior to building occupancy, developer shall cause the owner to comply with the Vehicle Miles
Travel {VMT) reduction strategies identified in the West Oaks TDM Program -VMT Reduction
Evaluation subject to satisfaction of city engineer. VMT reduction strategies shall be included
as part of the project's TDM plan.
52 . Developer shall design the private drainage systems, as shown on the site plan 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.
53. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a
right-of-way permit to the satisfaction of the city engineer.
54. Developer shall prepare and process public improvement plans and, prior to city engineer
approval of said plans, shall execute a city standard Subdivision Improvement Agreement to
install and shall post security in accordance with C.M.C. Section 20.16.070 for public
improvements shown on the site plan. Said improvements shall be installed to city standards to
the satisfaction of the city engineer. These improvements include, but are not limited to:
a. Sidewalk and pedestrian ramps including the portion of public right-of-way on
southwest segment of Palomar Oaks Way at Palomar Airport Road must conform to
American Disability Act standards
b. Curb & gutter
c. Round-a-bout
d. Water main and related appurtenances
e. Fire hydrants and related fire service appurtenances
f. Bus stops and related amenities
g. Street lights and related appurtenances
h. Sewer manhole
i. Raised medians
j. Asphalt concrete replacement, and 2-inch grind and overlay
k. Emergency access driveway approach
I. Sewer gravity main relocation and related appurtenances (currently owned by Buena
Sanitation District with pending ownership transfer to city of Carlsbad; if ownership
transfer does not occur prior to permit issuance then sewer main design needs to be
reviewed and approved to the satisfaction of Buena Sanitation District per Buena
Sanitation District design standards and processes)
Developer shall pay the standard improvement plan check and inspection fees in accordance with
the fee schedule. Improvements listed above shall be constructed within 36 months of approval
of the subdivision improvement agreement or such other time as provided in said agreement.
55. Developer shall submit to the city as a part of the public improvement plans, the design of the
round-a-bout as shown on the tentative map and the round-a-bout design is subject to review
PC RESO NO. 7397 -17-
by the city's 3rd party consultant. Developer shall pay all deposits necessary to cover any 3rd
party review.
56. Developer shall prepare, process improvement plans, and obtain approval from Vallecitos
Water District for the proposed sewer force main and related appurtenances as shown on the
tentative map. Said sewer main and appurtenances shall be installed to Vallecitos Water District
standards to the satisfaction of the district engineer.
57. Prior to the approval of the grading plans and improvement plans, developer shall demonstrate
to the city that SDGE has reviewed and approved said plans by written consent or its signing of
the plans or entering into an encroachment agreement with SDGE.
Non-Mapping Notes
58. Add the following notes to the final map as non-mapping data:
a. Developer has executed a city standard Subdivision Improvement Agreement and has
posted security in accordance with C.M.C. Section 20.16.070 to install public
improvements shown on the tentative map. These improvements include, but are not
limited to:
.i. Sidewalk and pedestrian ramps
ii. Curb & gutter
iii. Round-a-bout
iv. Water main and related appurtenances
v. Fire hydrants and related fire service appurtenances
vi. Bus stops and related amenities
vii. Street lights and related appurtenances
viii. Sewer manhole
ix. Emergency access driveway approach
x. Raised medians
xi. Asphalt concrete replacement and 2-inch grind and overlay
xii. Sewer gravity main relocation and related appurtenances (currently owned by
Buena Sanitation District with pending ownership transfer to city of Carlsbad; if
ownership transfer does not occur prior to permit issuance then sewer main
design needs to be reviewed and approved to the satisfaction of Buena
Sanitation District per Buena Sanitation District design standards and
processes)
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. Geotechnical Caution:
xiii. 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.
PC RESO NO. 7397 -18-
Utilities
d. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to
encroach within the area identified as a sight distance corridor as defined by City of
Carlsbad Engineering Standards or line-of-sight per Caltrans standards.
e. The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may
arise through any diversion of waters, the alteration of the normal flow of surface waters
or drainage, or the concentration of surface waters or drainage from the drainage system
or other improvements identified in the city approved development plans; or by the
design, construction or maintenance of the drainage system or other improvements
identified in the city approved development plans.
f. There are no public park or recreational facilities to be located in whole or in part within
this subdivision. The subdivider is therefore obligated to pay park-in-lieu fees in
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. ·
59. 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.
60. Developer shall design and agree to construct public facilities within public right-of-way or within
minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the discretion
of the district or city engineer, wider easements may be required for adequate maintenance,
access and/or joint utility purposes.
61. The developer shall agree to design landscape and irrigation plans utilizing recycled water as a
source and prepare and submit a colored recycled water use map to the Planning Department for
processing and approval by the district engineer.
62. 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.
63. 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.
64. The developer shall design and agree to construct public water, sewer, and recycled water
facilities substantially as shown on the tentative map to the satisfaction of the district engineer
and city engineer.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
PC RESO NO. 7397 -19-
65. 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.
66. 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.
67. Developer shall pay park-in-lieu fees to the city, prior to the approval of the final map as required
by Chapter 20.44 of the Carlsbad Municipal Code.
68. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
69. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 5 as required by Carlsbad Municipal Code Section 21.90.050.
70. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
71. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 17.04.060.
72. 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.
73. 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.
74. 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 of the applicable development permits.
PC RESO NO. 7397 -20-
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest
them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the
protest and any other required information with the City Manager for processing in accordance with
Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent
legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City
of Carlsbad, California, held on January 20, 2021, by the following vote, to wit:
AYES: Chair Meenes, Commissioners Anderson, Lafferty, Luna, Merz, and Stine
NOES:
ABSENT: Commissioner Geidner
ABSTAIN:
ROY MEENES, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
PC RESO NO. 7397 -21-