HomeMy WebLinkAbout2021-02-03; Planning Commission; Resolution 7405PLANNING COMMISSION RESOLUTION NO. 7405
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE
TRACT MAP AND SITE DEVELOPMENT PLAN TO CONSTRUCT A NINE-UNIT,
RESIDENTIAL AIR-SPACE CONDOMINIUM PROJECT ON A 0.42-ACRE SITE
LOCATED AT 2690 ROOSEVELT STREET IN THE VILLAGE GENERAL {VG)
DISTRICT OF THE VILLAGE AND BARRIO MASTER PLAN AND WITHIN
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: 2690 ROOSEVELT
CASE NO .: CT 2019-0006/SDP 2019-0007 (DEV2018-0183)
WHEREAS, Roosevelt Carlsbad, LP, "Developer/Owner," has filed a verified application with the
City of Carlsbad regarding property described as
THE SOUTHWESTERLY HALF OF LOT 40, EXCEPTING THEREFROM THE NORTHWESTERLY
10.60 FEET OF THE SOUTHWESTERLY 120.00 FEET THEREOF OF SEASIDE LANDS, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, JULY 28, 1921.
("the Property"); and
WHEREAS, said verified application constitutes a request for a Tentative Tract Map and Site
Development Plan as shown on Exhibit(s) "A" -"MM" dated February 3, 2021, on file in the Planning
Division CT 2019-0006/SDP 2019-0007 -2690 ROOSEVELT, as provided by Chapters 20.12, 21.06, and
21.35 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on February 3, 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 and Site Development Plan.
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 CT 2019-0006/SDP 2019-0007 -2690 ROOSEVELT, based
on the following findings and subject to the following conditions:
Findings:
Tentative Tract Map CT 2019-0006
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 proposed one lot tentative tract
map for a nine-unit residential air-space condominium subdivision is consistent with the
General Plan as described below and satisfies all minimum requirements of the Village and
Barrio Master Plan, and Titles 20 and 21 of the Carlsbad Municipal Code with respect to public
facilities, access and parking as discussed below and in the project staff report dated February
3, 2021.
2. That the proposed project is compatible with the surrounding future land uses since surrounding
properties are developed, are currently designated as Village-Barrio (VB) in the General Plan
and are located in the Village General (VG) District of the Village and Barrio Master Plan. The
subject property in the VG District is surrounded by residential development and the
surrounding properties are also located within the VG District of the Village and Barrio Master
Plan (VBMP). Residential uses are permitted by right in the VG District. Given the surrounding
residential uses, which are allowed in the surrounding VG district, the proposed nine-unit
residential air-space 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 the VG District within the VBMP allows residential development at a density range of 18 to
23 dwelling units per acre. Based on a net acreage of 0.42 acres, the proposed five-unit
residential condominium units have a density of 21.4 dwelling units per acre. As the proposed
project falls within the allowable density range and meets all required development standards,
the project site will accommodate the proposed density.
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 project has been
designed and conditioned such that there are no conflicts with established easements.
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.
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 proposed
nine-unit residential project is conditioned to construct one (1) unit restricted both as to
occupancy and affordability to a lower-income household earning no more than 80% of the San
Diego Area Median Income (AMI) as determined annually by the U.S. Department of Housing
and Urban Development.
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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 previously developed lot is devoid of sensitive vegetation and any natural water
features. Therefore, the proposed project does not impact any fish, wildlife or habitat.
9. That the discharge of waste from the subdivision will not result in violation of existing California
Regional Water Quality Control Board requirements, in that the project has been designed in
accordance with the Best Management Practices for water quality protection in accordance
with the City's sewer and drainage standards and the project is conditioned to comply with the
National Pollutant Discharge Elimination System (NPDES) requirements.
Site Development Plan SDP 2019-0007
10. That the proposed development or use is consistent with the General Plan and any applicable
master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the
Carlsbad Municipal Code, and all other applicable provisions of this code, in that the proposed
one lot tentative tract map for a nine-unit residential air-space condominium subdivision is
consistent with the General Plan as described below and satisfies all minimum requirements of
the Village and Barrio Master Plan, and Titles 20 and 21 of the Carlsbad Municipal Code with
respect to public facilities, access and parking as discussed below and in the project staff report
dated February 3, 2021.
11. That the requested development or use is properly related to the site, surroundings and
environmental settings, will not be detrimental to existing development or uses or to
development or uses specifically permitted in the area in which the proposed development or 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 a nine-unit residential air-space condominium project
on a 0.42 acre infill site located at 2690 Roosevelt Street within the VG District of the VBMP.
The adjacent properties to the north, south, east and west are also located within the VG
District of the VBMP. Residential uses are permitted by right in the VG District. Given that
residential uses are allowed in the surrounding VG district, the proposed nine-unit residential
air-space condominium project is compatible with existing and future land uses. The nine-unit
residential air-space condominium project will not adversely impact the site, surroundings, or
traffic circulation in that the existing surrounding streets have adequate capacity to
accommodate the 72 Average Daily Trips (ADT) generated by the project. The project complies
with all minimum development standards of the VG District and the VBMP, and the project is
adequately parked on-site and does not result in any significant environmental impacts.
12. That the site for the intended development or use is adequate in size and shape to accommodate
the use, in that the VG District within the VBMP allows residential development at a density
range of 18 to 23 dwelling units per acre. Based on a net acreage of 0.42 acres, the proposed
nine-unit residential condominium units have a density of 21.4 dwelling units per acre. As the
proposed project falls within the allowable density range and meets all required development
standards, the project will accommodate the proposed density.
13. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested development or use to existing or permitted future development or use in the
neighborhood will be provided and maintained, in that as demonstrated in the project staff
report, the nine-unit residential air-space condominium project complies with all development
standards (i.e. setbacks, lot coverage, parking, and height restrictions) of the VG District and
PC RESO NO. 7405 -3-
the VBMP. Landscaping along the outer edge of the property, including the areas along
Roosevelt Street, will be provided consistent with the requirements of the city's Landscape
Manual. In addition to the above, privacy walls/fences on the property will be provided or
maintained.
14. That the street systems serving the proposed development or use is adequate to properly handle
all traffic generated by the proposed use, in that the nine-unit residential air-space condominium
project will take access from Roosevelt Street, which is identified as a local street, and is
designed to adequately handle the 72 Average Daily Trips (ADT) generated by the project.
Roosevelt Street is already improved with pavement, curb, gutter and sidewalks. The project
will reconstruct portions of the curb, gutter and sidewalk along the project frontage due to the
modification of the driveway.
City Council Policy No. 43, Allocation for Excess Dwelling Units
15. 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
developed, are currently designated as VB in the General Plan and are located in the VG District,
of the Village and Barrio Master Plan . The subject property in the VG District is bordered by
residential development and the adjacent properties are also located within the VG District of
the VBMP. Residential uses are permitted by right in the VG District. Given residential uses are
allowed in the surrounding VG district, the proposed nine-unit air-space condominium project
is compatible with existing and future land uses.
16. 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 the VG District within the
VBMP allows residential development at a density range of 18 to 23 dwelling units per acre.
Based on a net acreage of 0.42 acres, the proposed nine-unit residential condominium units
have a density of 21.4 dwelling units per acre. As the proposed project falls within the allowable
density range and meets all required development standards, the project is consistent with the
General Plan and VBMP.
17. That there are an adequate number of units in the Excess Dwelling Unit Bank in the Village to
allocate nine (9) units. Per the city's Quadrant Dwelling Unit Report dated November 30, 2020,
417 units remain available for allocation in the Village.
General
18. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the city's General Plan, and the development standards of the Village and Barrio
Master Plan, based on the facts set forth in the staff report dated February 3, 2021 including, but
not limited to the following:
a. Land Use -The proposed project, which includes the construction of nine new residential
condominiums, would enhance the vitality of the Village by providing new residential land
uses near the downtown core area. The project reinforces the pedestrian orientation
desired for the downtown area by providing residents an opportunity to walk to shopping,
recreation, and mass transit functions. The project's proximity to existing bus routes and
mass transit would help to further the goal of providing new economic development near
transportation corridors. Overall, the residential project would contribute to the
revitalization of the Village area.
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b. Mobility-The proposed project has been designed to meet circulation requirements, which
include maintaining or enhancing frontage improvements consisting of sidewalks and
landscaping. In addition, the applicant would be required to pay traffic impact fees prior to
the issuance of building permits that would go toward future road improvements. The
proposed project is located approximately one-quarter from the Carlsbad Village train
station which provides rail and bus service throughout the day. The project's proximity to
the transit station would provide residents with the opportunity to commute to major job
centers, thereby reducing vehicle miles traveled (VMTs) and their carbon footprint.
Furthermore, the project supports walkability and mobility by locating the project near
existing goods and services within the Village.
c. Noise -The proposed project is consistent with the Noise Element of the General Plan in
that the project's building design, with windows closed, adequately attenuates the noise
levels for the new condominiums as described in the noise analysis report (dBF Associates,
Inc., dated January 22, 2020) and adequately attenuates the interior noise levels for the
new condominiums to 45 dB(a) CNEL or less (i.e., interior average noise level). The project
is conditioned to provide mechanical ventilation.
d. Housing -The proposed project includes one inclusionary unit (15 percent) which will be
required to be rented or sold to low-income households. The provision for inclusionary
housing will contribute toward achieving the city's Regional Housing Needs. The project
has been conditioned accordingly to require the approval of an Affordable Housing
Agreement prior to building permit issuance.
e. Public Safety-The proposed structural improvements would be required to meet all seismic
design standards. In addition, the proposed project is consistent with the applicable fire
safety requirements. The project would be required 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. The project has been
conditioned to pay all applicable public facilities fees for Zone 1.
f. VG District Standards -The project as designed is consistent with the development
standards for the VG District, the VBMP Design Guidelines and all other applicable
regulations set forth in the VBMP as discussed in the project staff report. The project is not
requesting any deviations to the development standards and all required parking is located
on-site.
19. 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.
PC RESO NO. 7405 -5-
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.
20. The project has been conditioned to pay any increase in public facility fee, or new construction
tax, or development fees, and has agreed to abide by any additional requirements established by
a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal
Code. This will ensure continued availability of public facilities and will mitigate any cumulative
impacts created by the project.
21. This project has been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 1.
22 . That all necessary public facilities required by the Growth Management Ordinance will be
constructed or are guaranteed to be constructed concurrently with the need for them created by
this project and in compliance with adopted city standards.
23. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
24. 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 a
grading or building permit, or approval 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 implement~d
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 Tentative Tract Map and Site
Development Plan.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Tentative Tract Map and Site Development Plan documents, as necessary
to make them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
PC RESO NO. 7405 -6-
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) city's approval and issuance of this Tentative Tract Map and Site Development Plan, (b)
city's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in
connection with the use contemplated herein, and (c) Developer/Operator's installation and
operation of the facility permitted hereby, including without limitation, any and all liabilities
arising from the emission by the facility of electromagnetic fields or other energy waves or
emissions. This obligation survives until all legal proceedings have been concluded and continues
even if the. city's approval is not validated.
6. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Tentative Map,
conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final
decision-making body. The copy shall be submitted tq the City Planner, reviewed and, if found
acceptable,.signed by the city's project planner and project engineer. If no changes were required,
the approved exhibits shall fulfill this condition.
7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
8. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
9. This approval shall become null and void if building permits are not issued for this project within
24 months from the date of project approval.
10. Building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides written certification to the city that adequate water service
and sewer facilities, respectively, are available to the project at the time of the application for the
building permit, and that water and sewer capacity and facilities will continue to be available until
the time of occupancy. A note to this effect shall be placed on the Final Map.
11. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD
#1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section
5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone
1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If
the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall
become void.
PC RESO NO. 7405 ~7-
12. Prior to the 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(n) Tentative Tract Map
and Site Development Plan by Resolution(s) No. 7405 on the property. Said Notice of Restriction
shall note the property description, location of the file containing complete project details and all
conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice
of Restriction . The City Planner has the authority to execute and record an amendment to the
notice which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
13. Developer shall 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.
14. 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.
15. Developer shall establish a property owner'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:
a. General Enforcement by the City: The City shall have the right, but not the obligation, to
enforce those Protective Covenants set forth in this Declaration in favor of, or in which the
City has an interest.
b. Notice and Amendment: A copy of any proposed amendment shall be provided to the City in
advance. If the proposed amendment affects the City, City shall have the right to disapprove.
A copy of the final approved amendment shall be transmitted to City within 30 days for the
official record.
c. Failure of Association to Maintain Common Area Lots and Easements: In the event that the
Association fails to maintain the "Common Area Lots and/or the Association's Easements" as
provided in Article---~ Section ______ the City shall have the right, but not the
duty, to perform the necessary maintenance. If the City elects to perform such maintenance,
the City shall give written notice to the Association, with a copy thereof to the Owners in the
Project, setting forth with particularity the maintenance which the City finds to be required
and requesting the same be carried out by the Association within a period of thirty (30) days
from the giving of such notice. In the event that the Association fails to carry 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.
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d. Special Assessments Levied by the City: In the event the City has performed the necessary
maintenance to either Common Area Lots and/or Association's Easements, the City shall
submit a written invoice to the Association for all costs incurred by the City to perform such
maintenance of the Common Area Lots and or Association's Easements. The City shall provide
a copy of such invoice to each Owner in the Project, together with a statement that if the
Association fails to pay such invoice in full within the time specified, the City will pursue
collection against the Owners in the Project pursuant to the provisions of this Section. Said
invoice shall be due and payable by the Association within twenty (20} days of receipt by the
Association. If the Association shall fail to pay such invoice in full within the period specified,
payment shall be deemed delinquent and shall be subject to a late charge in an amount equal
to six percent {6%} of the amount of the invoice. Thereafter the City may pursue collection
from the Association by means of any remedies available at law or in equity. Without limiting
the generality of the foregoing, in addition to all other rights and remedies available to the
City, the City may levy a special assessment against the Owners of each Lot in the Project for
an equal pro rata share of the invoice, plus the late charge. Such special assessment shall
constitute a charge on the land and shall be a continuing lien upon each Lot against which the
special assessment is levied. Each Owner in the Project hereby vests the City with the right
and power to levy such special assessment, to impose a lien upon their respective Lot and to
bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and
his/her respective Lot for purposes of collecting such special assessment in accordance with
the procedures set forth in Article ____ of this Declaration.
e. Landscape Maintenance Responsibilities: The Association and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit _____ _
f. Rooftop Decks and Balconies: Rooftop decks and balconies must be kept in a state of
cleanliness and repair at all times. No visible storage or unsightly personal property is
permitted and no furniture is permitted that is not intended for outdoor use. No personal
property shall extend above the parapet or railing of decks or balconies, including potted
plants or hanging plants. An umbrella that is in good maintained condition is acceptable.
Outdoor patio and barbecue equipment must be maintained. No wood burning smokers, fire
pit, tiki torches, or chimineas are allowed. No awnings, trellises, patio covers, pop-up shades,
tarps, window coverings, screening or other equipment shall be installed on rooftop decks or
balconies or the exterior of buildings with the exception of solar energy rooftop panels,
building system equipment and features such as canopies and awnings that are part of the
original building architecture.
16. This project is being approved for residential homeownership purposes. If any of the units in the
project are rented, the minimum time increment for such rental shall be not less than 30 days.
The CC&Rs for the project shall include this requirement. Should the City Council adopt an
ordinance that would permit rental of the units for less than 30 days, this condition shall be null
and void.
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.
18. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in substance
PC RESO NO, 7405 -9-
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 model unit(s), 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 model unit(s), 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 model unit(s), 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. Prior to the recordation of the final map for any phase of this project, or where a final 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 1
inclusionary dwelling unit. Specifically, 1 unit shall be rented or sold at a price affordable to low
income households at 80% of the San Diego County Area Median Income for 55 years, in
accordance with the requirements and process set forth in Chapter 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 parcel map. The recorded Agreements shall
be binding on all future owners and successors in interest.
25. Developer shall construct the 1 inclusionary unit concurrent with the project's remaining 8
market-rate units, unless both the final decision-making authority of the city and the Developer
agree within the Affordable Housing Agreement to an alternate schedule for development.
26. Mechanical ventilation for each unit shall be shown on the plans submitted for building permit
since windows are required to be closed to meet the maximum 45 dB(a) CNEL interior noise
level. Noise consultant shall certify on the plans that the building construction proposed with
the mechanical units listed will comply with the maximum interior noise limit.
Engineering
PC RESO NO. 7405 "-10-
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, ground cover, etc.)
and irrigation along the parkway frontage with Roosevelt Street.
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.
36. Developer shall cause property owner to submit an executed copy to the city engineer for
recordation a city standard Permanent Stormwater Quality Best Management Practice
Maintenance Agreement.
Grading
37. Upon a review of the proposed grading and the grading quantities shown on the tentative map, a
grading permit forth is 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.
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38. Prior to approval of the grading plans, the applicant shall submit a Construction Plan to the city
engineer for review and approval. Said Plan may be required to include, but not be limited to,
identifying the location of the construction trailer, material staging, material deliveries, bathroom
facilities, parking of construction vehicles, employee parking, construction fencing and gates,
obtaining any necessary permission for off-site encroachment, addressing pedestrian safety, and
identifying time restrictions for various construction activities. All material staging, construction
trailers, bathroom facilities, etc. shall be located outside the public right-of-way unless otherwise
approved by the city engineer or Construction Management & Inspection engineering manager.
39. 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
40. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
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.
41. 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.
42. 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.
43. 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, treatment control
BMP, and Low Impact Design {LID) facilities.
Dedications/Improvements
44. Developer shall cause owner to dedicate to the city additional 8 feet wide easement for public
street & public utility purposes for Roosevelt Street 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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45. Developer shall design the private drainage systems, as shown on the tentative map to the
satisfaction of the city engineer. All private drainage systems 12" diameter storm drain and larger
shall be inspected by the city. Developer shall pay the standard improvement plan check and
inspection fees for private drainage systems.
46. 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.
47. 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:
1) Driveway approach as shown on the tentative map
2) Remove and replace existing curb and gutter and sidewalk as shown on the tentative
map
3) Install sewer and water services as shown on the tentative map
4) Remove existing storm drain inlet as shown on the tentative map
S) Install storm drain inlet as shown on the tentative map
6) Remove existing 12" PVC storm drain pipe as shown on the tentative map
7) Install 12" PVC storm Drain Pipe as shown on the tentative map
8) Remove and replace existing AC pavement, as necessary, as shown on the tentative
map
9) Grind and overlay existing AC pavement at the project frontage, half street width
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
48. Add the following notes to the final map as non-mapping data:
A. Developer has executed a city standard Subdivision Improvement Agreement and has posted
security in accordance with C.M.C. Section 20.16.070 to install public improvements shown on
the Tentative Map. These improvements include, but are not limited to:
1) Driveway approaches as shown on the tentative map.
2) Remove and replace existing curb and gutter and sidewalk as shown on the tentative
map.
3) Install sewer and water services as shown on the tentative map
4) Remove existing storm drain inlet as shown on the tentative map
S) Install storm drain inlet as shown on the tentative map
6) Remove existing 12" PVC storm drain pipe as shown on the tentative map
7) Install 12" PVC storm Drain Pipe as shown on the tentative map
8) Remove and replace existing AC pavement, as necessary, as shown on the tentative
map
9) Grind and overlay existing AC pavement at the project frontage, half street width
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.
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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.
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 pay park-in-lieu fees in accordance with
section 20.44.050 of the Carlsbad Municipal Code and has either paid or agreed to pay all of said
park-in-lieu fees in accordance with section 20.16.070 of the Carlsbad Municipal Code
Utilities
49. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows,
fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if
proposed, shall be considered public improvements and shall be served by public water mains to
the satisfaction of the district engineer.
50. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
51. The developer shall 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.
52. 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.
53. The developer shall 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.
54. 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.
55. The developer shall provide separate private potable water sub-meters for each separately
owned unit within this subdivision.
56. 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
57. This tentative map shall expire two years from the date on which the City Council voted to
approve this application.
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58. 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.
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 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.
61. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
62. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050.
63. Developer shall pay a landscape inspection fee as required by Section 20.08.050 of the Carlsbad
Municipal Code.
64. 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.
65. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
66. Any signs proposed for this development shall at a minimum be designed in conformance with
the Village and Barrio Master Plan and shall require review and approval of the City Planner prior
to installation of such signs.
67. 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 v~hicle 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. 7405 -15-
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 February 3, 2021, by the following vote, to wit:
AYES: Commissioners Lafferty, Luna, Kamenjariri, Meenes, Merz and Sebellico
NOES:
ABSENT:
ABSTAIN: Commissioner Stine
ROY MEENES, Chair
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
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