HomeMy WebLinkAbout2021-01-20; Planning Commission; Resolution 7402PLANNING COMMISSION RESOLUTION NO. 7402
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING TENTATIVE TRACT MAP CT 2019-
0004, PLANNED DEVELOPMENT PERMIT PUD 2019-0004 AND COASTAL
DEVELOPMENT PERMIT CDP 2019-0012 TO ALLOW THE DEMOLITION OF
A SINGLE-FAMILY HOME AND THE DEVELOPMENT OF A SEVEN-UNIT,
RESIDENTIAL AIR-SPACE CONDOMINIUM PROJECT ON A 0.44-ACRE SITE
LOCATED AT 330 CHINQUAPIN AVENUE, WITHIN THE MELLO II SEGMENT
OF THE LOCAL COASTAL PROGRAM AND WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: 330 CHINQUAPIN AVENUE
CASE NO.: CT 2019-0004/PUD 2018-0004/CDP 2019-0012
(DEV2018-0087)
WHEREAS, JEFFERY GALIZIO, "Developer/Owner," has filed a verified application with the City of ·
Carlsbad regarding property described as
NORTHEASTERLY HALF OF LOT 3 IN BLOCK "S" OF PALISADES NO. 2, IN
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 1803, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY AUGUST 25, 1924, THE
SOUTHWESTERLY BOUNDARY LINE THEREOF BEING PARALLEL WITH
AND DISTANT 70.00 FEET SOUTHWESTERLY FROM NORTHEASTERLY
BOUNDARY LINE OF SAID LOT
("the Property"); and
WHEREAS, said verified application constitutes a request for a Tentative Tract Map, Planned
Development Permit and Coastal Development Permit as shown on Exhibit(s) "A" -"GG" dated January
20, 2021, on file in the Planning Division CT 2019-0004/PUD 2019-0004/CDP 2019-0012 -330
CHINQUAPIN AVENUE, as provided by Chapters 21.45, 21.201 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 Tentative Tract
Map, Planned Development Permit, and Coastal Development Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad
as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission APPROVES
CT 2019-0004/PUD 2019-0004/CDP 2019-0012 -330 CHINQUAPIN AVENUE, ba.sed on the following
findings and subject to the following conditions:
Findings:
Tentative Tract Map
1. 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 seven-unit residential air-space
condominium project created through the tentative tract map satisfies all the minimum
requirements of Title 20 and has been designed to comply with other applicable regulations
including the Residential Density-Multiple (RD-M) Zone, the Planned Development Ordinance,
Growth Management Ordinance, and the R-23 General Plan Land Use designation.
2. That the proposed project is compatible with the surrounding future land uses since surrounding
properties are developed and are currently designated as R-23 Residential in the General Plan.
The subject property is bordered on all sides by existing single-family and multiple-family
residential development. Given the existing, surrounding development, the air-space
residential condominium project is compatible with existing and future land uses.
3. 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 required development standards and design criteria required by the Residential Density
-Multiple (RD-M) Zone and the Planned Development Ordinance are incorporated into the
seven-unit residential air-space condominium project without the need for any variances from
development standards.
4. 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 seven-unit
residential air-space condominium project has been designed and conditioned so that there are
no conflicts with established easements and the project is conditioned to provide five-feet of
additional right-of-way along the project's frontage on Chinquapin Avenue.
5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act
of 1965 (Williamson Act).
6. That the design of the subdivision provides, to the extent feasible, for future passive or natural
heating or cooling opportunities in the subdivision, in that structures have been designed to
include operable windows on all elevations and balconies to maximize exposure of each unit to
natural light and ventilation from nearby coastal breezes, if desired.
7. That the Planning Commission has considered, in connection with the housing proposed by this
subdivision, the housing needs of the region, and balanced those housing needs against the public
service needs of the city and available fiscal and environmental resources in that the applicant
proposes to provide one affordable one-bedroom unit on-site to satisfy their inclusionary
housing obligations prior to the issuance of a building permit. As such, the project has been
conditioned to require the approval of an Affordable Housing Agreement prior to approval of
the final map.
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8. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in
that the seven-unit residential air-space condominium project site has been previously
developed with a single-family home and is surrounded by existing development.
9. That the discharge of waste from the subdivision will not result in violation of existing California
Regional Water Quality Control Board requirements, in that the project 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.
Planned Development Permit
10. 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 density of 15.9 dwelling units per acre (du/ac) for the seven-unit residential air-space
condominium project is consistent with the R-23 Residential Land Use designation (15-23
du/acre). As discussed in the project staff report, the project is consistent with all minimum
development and design standards applicable to the property as contained in Chapters 21.24
(Residential Density-Multiple (RD-M)) Zone and 21.45 (Planned Developments) of the Carlsbad
Municipal Code.
11. 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 seven-unit residential air-space condominium project does
not propose or require any variances from standards, is compatible with existing surrounding
uses as permitted by the Residential Density -Multiple (RD-M) Zone, and does not create any
traffic circulation impacts as Chinquapin Avenue is adequately designed to accommodate the
56 Average Daily Trips (ADT) being generated.
12. The project will not adversely affect the public health, safety, or general welfare, in that the
seven-unit residential air-space condominium project has been designed to comply with all
applicable development standards to ensure compatibility with surrounding single-family and
multiple-family residential uses.
13. 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 seven-unit residential air-space condominium project is arranged with units
along a private drive aisle that is enhanced by decorative pavers. The three, two-story buildings
with attached garages are architecturally harmonious with each other and include a variety of
exterior materials and colors. Primary building materials include gray and white stucco, with
complimentary design elements such as cultured stone, blue ceramic tile, metal and glass
railings, and a blue standing seam metal barrel roof. All elements (i.e. site layout, architecture,
landscaping) create continuity in the overall project design.
Coastal Development Permit
14. 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 multi-family residential development by the Mello II LCP. The
project consists of the demolition of a single-family home and the construction of seven, air-
space condominiums in three buildings. The proposed project is compatible with the
PC RESO NO. 7402 -3-
surrounding development of single-family and multiple-family residential structures. The two-
story structures 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 previously graded site, nor are there any sensitive resources located on-
site. The proposed project is not located in an area of known geologic instability or flood hazard.
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.
15. 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 seven-
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.
16. 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 seven-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. No steep slopes or native
vegetation is located on the subject property and the site is not located in an area prone to
landslides, or susceptible to accelerated erosion, floods, or liquefaction.
17. 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).
18. 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).
General
19. 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 seven-unit residential project density of 15.9 du/ac is within the R-23
Residential density range and below the GMCP unit yield of eight units. The project is one
dwelling unit below the unit yield at the GMCP (19 du/ac) and, therefore, one dwelling unit
will be deposited in the city's Excess Dwelling Unit Bank consistent with Housing Element
Program 3.2 and City Council Policy 43. Therefore, the residential development complies
with the R-23 General Plan Land Use designation for density.
B. Mobility -The proposed project has been designed to meet applicable circulation
requirements, which include a single driveway access point from Chinquapin Avenue. In
addition, the applicant will be required to pay traffic impact fees prior to issuance of a
building permit that will go towards future road improvements.
C. Public Safety -The proposed structural improvements are required to be designed in
conformance with all seismic design standards. In addition, the proposed project is
consistent with all the applicable fire safety requirements.
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D. Noise -The project consists of seven residential condominiums located in three buildings.
A noise study by Dudek, dated April 2019 was provided. The exterior required private
recreation areas are below the maximum 60 dB(a) CNEL noise level with the glass safety
railings and, therefore, comply. The windows of each residential unit will need to be closed
to meet a 45 dB(a) CNEL interior noise level. Therefore, mechanical ventilation is required
and is conditioned to be provided.
E. Housing -The city's Housing Policy Team reviewed the proposed seven-unit project and
approved of the proposed affordable one-bedroom unit on-site to fulfill the project's
affordable housing requirement. The project has been conditioned to require the approval
of an Affordable Housing Agreement prior to approval of the final map.
20. 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. 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 1 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
21. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
22. That the City Planner has determined that the project belongs to a class of projects that the State
Secretary for Resources has found do not have a significant impact on the environment, and it is
therefore categorically exempt from the requirement for the preparation of environmental
documents pursuant to Section 15332, In-fill Development Project, of the state CEQA Guidelines.
23. 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 Map, whichever occurs 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
PC RESO NO. 7402 -5-
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 Tentative Tract Map, Planned
Development Permit and Coastal Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Tentative Tract · Map, Planned Development Permit and Coastal
Development Permit 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 prov1s1ons of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the . City of Carlsbad, its · Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly,
from (a) the city's approval and issuance of this Tentative Tract Map, Planned Development
Permit and Coastal Development Permit, (b) the 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,
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.
1. 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 unless a time extension is filed in a timely manner
and approved by the City of Carlsbad.
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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 CFO
#1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section
5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone
1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If
the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall
become void.
12. Prior to approval of the Final Map, 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 Tentative Tract Map,
Planned Development Permit and Coastal Development Permit by Resolution No. 7402on 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. Prior to the recordation of the first final tract map or the issuance of building permits, whichever
occurs first, the Developer shall prepare and record a Notice that this property may be subject to
noise impacts from the proposed or existing Transportation Corridor, in a form meeting the
approval of the City Planner and the City Attorney (see Noise Form #1 on file in the Planning
Division).
14. 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.
15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape
plancheck process on file in the Planning Division and accompanied by the project's building,
improvement, and grading plans.
16. 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 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:
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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, the 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 out such
maintenance of the Common Area Lots and/or Association's Easements within the period
specified by the city's notice, the city shall be entitled to cause such work to be completed
and shall be entitled to reimbursement with respect thereto from the Owners as provided
herein.
D. Special Assessments Levied by the city: In the event the city has performed the necessary
maintenance to either Common Area Lots and/or Association's Easements, the city shall
submit a written invoice to the Association for all costs incurred by the city to perform such
maintenance of the Common Area Lots and or Association's Easements. The city shall provide
a copy of such invoice to each Owner in the Project, together with a statement that if the
Association fails to pay such invoice in full within the time specified, the city will pursue
collection against the Owners in the Project pursuant to the provisions of this Section . Said
invoice shall be due and payable by the Association within twenty 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 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 ____ _
17. Prior to issuance of building permits, the Developer shall submit to the City Planner a recorded
copy of the Condominium Plan filed with the Department of Real Estate which is in conformance
with the city-approved documents and exhibits.
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18. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in substance
as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of
Community Development and Planning.
19. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities
District or other financing mechanism which is inconsistent with City Council Policy No. 38, by
allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any
other disclosure required by law or Council policy, the Developer shall disclose to future owners
in the project, to the maximum extent possible, the existence of the tax or fee, and that the school
district is the taxing agency responsible for the financing mechanism. The form of notice is subject
to the approval of the City Planner and shall at least include a handout and a sign inside the sales
facility, or inside each unit, stating the fact of a potential pass-through of fees or taxes exists and
where complete information regarding those fees or taxes can be obtained.
20. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the City
Planner, in the sales office or inside each unit, at all times. All sales maps that are distributed or
made available to the public shall include but not be limited to trails, future and existing schools,
parks, and streets.
21. Developer shall post a sign in the sales office, or inside each unit, in a prominent location that
discloses which special districts and school district provide service to the project. Said sign shall
remain posted until ALL of the units are sold.
22. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so
required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of
an Outdoor Storage Plan, and thereafter comply with the approved plan.
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 construct, install, and stripe not less than three (3) visitor parking spaces, as
shown on the project site plan.
25. Prior to issuance of building permits, verification shall be submitted confirming that the
buildings have been designed to comply with the recommendations ofthe noise study prepared
for the project which includes solid safety railings around required exterior recreation space
and mechanical ventilation for each unit (Dudek, dated April 2019).
26. Prior to the approval of the final map for any phase of this project, or where a map is not being
processed, prior to the issuance of building permits for any lots or units, the Developer shall enter
into an Affordable Housing Agreement with the city to provide and deed restrict one (1) dwelling
unit as affordable to lower-income households for 55 years, in accordance with the requirements
and process set forth in Chapters 21.85 of the Carlsbad Municipal Code . 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 and shall be recorded prior to issuance of the first building permit. The
recorded Affordable Housing Agreement shall be binding on all future owners and successors in
interest.
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Engineering:
General
27. 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.
28. 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.
29. 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 utilities, landscaping,
enhanced paving, water quality treatment measures, low impact development features, storm
drain facilities, etc., located therein and to distribute the costs of such maintenance in an
. equitable manner among the owners of the properties within this subdivision.
30. Developer shall include rain gutters on the building plans subject to the City Engineer's review
and approval. Developer shall install rain gutters in accordance with said plans.
31. 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 .
32. 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.
33 . Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover, etc.)
and irrigation along the parkway frontage with Chinquapin Avenue.
Fees/ Agreements
34. 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.
35. Developer shall cause property owner to execute and submit to the City Engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
Grading
36. 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 for City Engineer review, post security and pay all applicable grading
plan review and permit fees per the city's latest fee schedule.
37. Prior to the approval of the grading plans, the applicant shall submit a Construction Plan to the
City Engineer for review and approval. Said Plan may be required to include, but not be limited
to, identifying the location of the construction trailer, material staging, material deliveries,
bathroom facilities, parking of construction vehicles, employee parking, construction fencing and
gates, obtaining any necessary permission for off-site encroachment, addressing pedestrian
PC RESO NO. 7402 -10-
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.
38. 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
39. 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.
40. 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.
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, and Low Impact
Design (LID) facilities including pervious pavers and landscaped areas, and ensure that the
proposed impervious area does not exceed 10,000 square feet as shown on the tentative map
in order to qualify as a "Standard Project".
42. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form.
Developer is responsible to ensure that all final design plans, grading plans, and building plans
incorporate applicable best management practices (BMPs). These BMPs include site design,
source control and Low Impact Design (LID) measures including, but not limited to, minimizing ·
the use of impervious area (paving), routing run-off from impervious area to pervious/landscape
areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or
signage all to the satisfaction of the City Engineer.
Dedications/Improvements
43. Developer shall cause owner to dedicate to the city additional 5 feet wide easement for public
street & public utility purposes for Chinquapin Avenue as shown on the tentative map. 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.
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44. 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.
45. Prior to any work in the 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.
46. 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 in the tentative map, per city standards to the satisfaction of the City
Engineer as shown on the Tentative Map. Said improvements shall be installed to city standards
to the satisfaction of the City Engineer. These improvements include, but are not limited to:
A. Driveway approach as shown on the tentative map
B. Remove and replace existing curb and gutter and sidewalk as shown on the tentative
map
C. Install sewer and water services as shown on the tentative map
D. Install curb outlet as shown on the tentative map
Developer shall pay the standard improvement plan check and inspection fees. Improvements
listed above shall be constructed within 36 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement.
Non-Mapping Notes
47. 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. Driveway approach as shown on the tentative map
ii. Remove and replace existing curb and gutter and sidewalk as shown on the tentative
map
111. Install sewer and water services as shown on the tentative map
iv. Install curb outlet as shown on the tentative map
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. 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.
D. 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.
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Utilities
E. 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 p_ay 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.
48. 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.
49. Prior to the issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
50. Developer shall install potable water services and meters at locations approved by the district
engineer. The locations of said services shall be reflected on public improvement plans.
51. 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.
52. The developer shall design and construct public water, and sewer facilities substantially as shown
on the tentative map to the satisfaction of the district engineer and City Engineer.
53. The developer shall provide separate private potable water sub-meters for each separately
owned unit within this subdivision.
54. Developer shall locate utility transformers or water backflow preventers outside the public right-
of-way as shown on the Tentative Map to the satisfaction of the City Engineer.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
55. 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.
56. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 17.04.060. Prior to submittal for a building permit, Developer shall submit a request for
addressing to the Building Division.
57. This tentative map shall expire two years from the date on which the application is approved.
58. Developer shall pay a landscape plancheck and inspection fee as required by Section 20 .08.050 of
the Carlsbad Municipal Code.
59. Developer shall pay park-in-lieu fees in accordance with Section 20.44 of the City of Carlsbad
Municipal Code to the satisfaction of the City Engineer.
60. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the
City of Carlsbad Municipal Code to the satisfaction of the City Engineer.
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61. 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.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's
decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in
writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal
prior to any judicial review.
NOTICE TO APPLICANT
The project site is within the appealable area of the California Coastal Commission. This Coastal
Development Permit (CDP) shall not become effective until ten (10) working days have elapsed, without
a valid appeal being filed with the Coastal Commission, following the Coastal Commission's receipt of the
city's notice of the CDP issuance ("Notice of Final Action"). The filing of a valid appeal with the Coastal
Commission within such time limit shall stay the effective date of this CDP until such time as a final decision
on the appeal is reached by the Coastal Commission.
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 .
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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
ROY MEENES, Chair
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
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