HomeMy WebLinkAbout2021-09-15; Planning Commission; Resolution 7425PLANNING COMMISSION RESOLUTION NO. 7425
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A SITE
DEVELOPMENT PLAN AND COASTAL DEVELOPMENT PERMIT TO
DEMOLISH FOUR ONE-STORY COMMERCIAL STRUCTURES AND
CONSTRUCT A FOUR-STORY MIXED-USE BUILDING CONSISTING OF 17
RESIDENTIAL APARTMENT UNITS, 2,185 SQUARE FEET OF COMMERCIAL
AND PARKING GARAGE ON A 0.32-ACRE SITE LOCATED AT 3039
JEFFERSON STREET WITHIN THE VILLAGE CENTER (VC) DISTRICT OF THE
VILLAGE AND BARRIO MASTER PLAN, VILLAGE-SEGMENT OF THE LOCAL
COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: JEFFERSON STREET APARTMENTS
CASE NO.: SOP 2019-0015/CDP 2019-0033 (DEV2019-0156)
WHEREAS, Sonny Investments, LLC, "Developer/Owner," has filed a verified application
with the City of Carlsbad regarding property described as
LOTS 23, 24, 25 AND 26 IN BLOCK 48 OF TOWN OF CARLSBAD, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 535, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 2, 1888, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHERLY CORNER OF SAID LOT 23; THENCE
ALONG THE NORTHEASTERLY PROPERTY LINES OF SAID LOTS 23
THROUGH 26 SOUTH 34°33'48" EAST A DISTANCE OF 100.19 FEET TO
THE EASTERLY CORNER OF SAID LOT 26; THENCE ALONG THE
SOUTHEASTERLY PROPERTY LINE OF SAID LOT 26 SOUTH 55°30'03"
WEST A DISTANCE OF 139.62 FEET TO THE SOUTHERLY CORNER OF SAID
LOT 26; THENCE ALONG THE SOUTHEASTERLY PROPERTY LINES OF SAID
LOTS 23 THROUGH 26 NORTH 342917 WEST A DISTANCE OF 100.13 FEET
TO THE WESTERLY CORNER OF SAID LOT 23; THENCE ALONG THE
NORTHEASTERLY PROPERTY LINE OF SAID LOT 23 NORTH 552845 EAST
A DISTANCE OF 139.49 FEET THE POINT OF THE BEGINNING.
SAID DESCRIPTION IS MORE PARTICULARLY DESCRIBED AS PARCEL A IN
THAT CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT COC 2018-
0003, CDP 15-38 RECORDED MAY 21, 2019 AS INSTRUMENT NO. 2019-
0192471 OF OFFICIAL RECORDS.
APN: 203-351-22-00
("the Property"); and
WHEREAS, said verified application constitutes a request for a Site Development Plan AND
Coastal Development Permit as shown on Exhibit(s) "A" -"T" dated September 15, 2021, on file in the
Planning Division, SOP 2019-0015/CDP 2019-0033 -JEFFERSON STREET APARTMENTS as provided by
Chapter 21.06, 21.35, 21.86 and 21.201.030 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on September 15, 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 all persons desiring to be heard, said Commission considered all factors relating to
the Site Development Plan 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 Planning Commission
RECOMMENDS APPROVAL of SOP 2019-0015/CDP 2019-0033 -JEFFERSON STREET
APARTMENTS, based on the following findings and subject to the following conditions:
Findings:
Site Development Plan, SOP 2019-0015
1. 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 project is
consistent with the various elements and objectives of the General Plan as discussed in the
findings below and in the project staff report dated September 15, 2021. The various goals and
objectives of the General Plan will be implemented as the proposed project is consistent with
the General Plan, which allows for commercial and residential uses within the Village-Barrio (V-
B) Land Use designation. Although the project's density of 53 dwelling units per acre is above
the maximum V-B density of 35 du/ac, the 17-unit mixed-use project can be found consistent
with the General Plan Land Use Policies as discussed in the findings below and in the project
staff report dated September 15, 2021.
2. 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
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the proposed mixed use project will not be detrimental to existing uses or to uses specifically
permitted in the area in which the use is located in that mixed-use is a permitted use within the
Village Center (VC) District of the Village and Barrio Master Plan (VBMP) and is compatible with
the other commercial and residential uses surrounding the project site. The adjacent properties
are also located within the VC District of the VBMP. Given the variety of existing uses within the
vicinity of the project site, which include multi-story residential and commercial developments,
as well as the variety of uses permitted in the surrounding VC District, the proposed project is
compatible with existing and future land uses. The proposed mixed-use project will not
adversely impact the site, surroundings, or traffic circulation in that the existing surrounding
streets have adequate capacity to accommodate the 190 Average Daily Trips (ADT) generated
by the project, which is a net decrease of 2 ADT below the existing on-site uses that generate a
total of 192 ADTs. The project complies with all minimum development standards of the VC
District and the VBMP. The project is adequately parked on-site and will not result in any
significant environmental impacts.
3. That the site for the intended development or use is adequate in size and shape to accommodate
the use, in that the project complies with all minimum development standards of the VC District
and the VBMP, and all other applicable sections of the Zoning Ordinance, as discussed
elsewhere in the findings and in the project staff report dated September 15, 2021.
4. 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 the project complies with all
development standards (i.e. front, side and rear setbacks, lot coverage, and parking) of the VC
District and the VBMP. Landscaping on the 2nd floor common area roof terrace and outer edges
of the property, including street trees, shrub-type plants and ground cover along Jefferson
Street, will be provided consistent with the requirements of the city's Landscape Manual.
5. 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 mixed-use project, while it fronts on
Jefferson Street, will continue to take vehicular access from the rear of the property along the
Madison Street Alley, as is currently constructed for the existing commercial uses and as
required per the requirements of the Village and Barrio Master Plan (VCMP}. The alley is 20-
feet-wide and meets city standards for two-way traffic. The surrounding street system serving
the project is adequate to handle the 190 Average Daily Trips (ADT) generated by the project,
which is a net decrease of two (2) ADT below the existing on-site uses that generate a total of
192 ADTs. The alley is currently improved with asphalt pavement and a concrete ribbon gutter
down the centerline for drainage. The mixed-use project's frontage along the alley will be
improved with new asphalt pavement up to the edge of the existing concrete ribbon gutter.
Lastly, the mixed-use project will close an existing vehicular access along Jefferson Street and
include new curb, gutter, sidewalk, landscaping and parallel parking in its place.
Coastal Development Permit, CDP 2019-0033
6. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the site for the proposed project is located
within the Village-Barrio Segment of the Local Coastal Program (LCP}. The Village and
Barrio Master Plan (VBMP} serves as both the land use plan and implementation
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program for the Village-Barrio Segment. As discussed in the project staff report, the
proposed mixed-use project is consistent with the VBMP and is, therefore, consistent
with the LCP. Furthermore, no agricultural activities, sensitive resources, geological
instability, flood hazard or coastal access opportunities exist on-site.
7. 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 coastal shore;
therefore, it will not interfere with the public's right to physical access or water-
oriented recreational activities.
Residential Density Bonus, CMC Chapter 21.86
8. The project is consistent with the provisions of this chapter in that the proposed mixed-use
project includes the requisite 20 percent of the base maximum density as low income, deed-
restricted housing units. The project meets the applicable density bonus housing standards in
CMC Section 21.86.090, including but not limited to location of affordable units onsite and near
transit, timing of construction, number and size of bedrooms, and parking.
9. The requested incentive(s) or concession(s) will result in identifiable, financially sufficient, and
actual cost reductions in that no incentives or concessions are requested as part of the project.
The original request for allocation of excess dwelling units is no longer applicable to this project
because the city cannot use the city's Excess Dwelling Unit Bank (EDUB) under the Growth
Management Program (City Council Policy 43) to regulate the number of units built in the city
and to limit or prohibit residential development.
10. The requested incentive(s) or concession(s), and/or waiver(s) or reduction(s) of development
standards, if any, will not result in an adverse impact, as defined in paragraph (2) of subdivision
(d) of Section 65589.5 of the California Government Code, to the public health and safety, the
environment, or on any real property that is listed in the California Register of Historical Resources
in that no incentives, concessions and/or waivers or reductions of development standards are
requested as part of the project. The original request for allocation of excess dwelling units is
no longer applicable to this project because the city cannot use the city's Excess Dwelling Unit
Bank (EDUB) under the Growth Management Program (City Council Policy 43) to regulate the
number of units built in the city and to limit or prohibit residential development.
11. The requested incentive(s) or concession(s), and/or waiver(s) or reduction(s) of development
standards is not contrary to state or federal law (Ord. CS-242 §§ 14, 15, 2014; Ord. NS-889, 2008;
Ord. NS-794 § 11, 2006) in that no incentives, concessions and/or waivers or reductions of
development standards are requested as part of the project. The original request for allocation
of excess dwelling units is no longer applicable to this project because the city cannot use the
city's Excess Dwelling Unit Bank (EDUB) under the Growth Management Program (City Council
Policy 43) to regulate the number of units built in the city and to limit or prohibit residential
development.
California Environmental Quality Act
12. 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
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therefore categorically exempt from the requirement for preparation of environmental
documents pursuant to Section 15332 -In-fill Development Projects of the State CEQA
Guidelines as an infill development project. In making this determination, the City Planner has
found that the exceptions listed in Section 15300.2 of the State CEQA Guidelines do not apply to
this project.
General
13. 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 September 15, 2021 including,
but not limited to the following:
a. Land Use -The proposal to construct a mixed-use project with 17 residential apartments
and ground floor commercial would enhance the vitality of the Village by providing new
residential and commercial 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, restaurants, recreation, and mass transit functions. The
project's proximity to existing bus routes and mass transit help further the goal of providing
new economic development near transportation corridors. Overall, the mixed-use project
would contribute toward the revitalization of the Village area.
b. Mobility-The proposed project is located approximately 0.4 miles 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 the 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 building's design, with windows closed, complies with the requirements of the
project noise study (Helix Environmental Planning, June 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) and exterior balcony/decks to 65 dB(a) CNEL or less (i.e., exterior
average noise level for mixed-use projects). The project is conditioned to provide
mechanical ventilation and to comply with the construction methods outlined in the noise
study.
d. Housing -The proposed project includes three (3) inclusionary units (20 percent) which will
be required to be rented 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. The Fire Department has reviewed and approved the proposed
conceptual building design with fire sprinklers included throughout the building per the
National Fire Protection Association (NFPA) 13 standards. Therefore, the proposed project
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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 and/or are transported within storm drainage facilities.
The project has been conditioned to pay all applicable public facilities fees for Zone 1.
f. Village Center (VC) District Standards -The project as designed, is consistent with the
development standards for the VC District, the Village and Barrio Master Plan {VBMP)
Design Guidelines and all other applicable regulations set forth in the VBMP as discussed in
the project staff report dated September 15, 2021 and staff report Attachment No. 4.
14. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 1 and all city public facility policies and ordinances. The project
includes elements or has been conditioned to construct or provide funding to ensure that all
facilities and improvements regarding sewer collection and treatment; water; drainage;
circulation; fire; schools; parks and other recreational facilities; libraries; government
administrative facilities; and open space, related to the project will be installed to serve new
development prior to or concurrent with need. Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified School District
that the project has satisfied its obligation for school facilities.
b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior
to the issuance of building permit.
c. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
15. 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.
16. This project has been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 1.
17. 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.
18. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
19. 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.
PC RESO NO. 7425 -6-
Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a
demolition permit, grading permit or building permit, 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
granted; deny or further condition issuance of all future building permits; deny, revoke, or further
condition all certificates of occupancy issued under the authority of approvals herein granted;
record a notice of violation on the property title; institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. No vested rights are gained
by Developer or a successor in interest by the city's approval of this Site Development Plan and
Coastal Development Plan.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Site Development Plan and Coastal 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.
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 Site Development Plan and Coastal 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 Site Development
Plan and Coastal Development Plan, conceptual grading plan and preliminary utility plan
reflecting the conditions approved by the final decision-making body. The copy shall be submitted
to the City Planner, reviewed and, if found acceptable, signed by the city's project planner and
project engineer. If no changes were required, the approved exhibits shall fulfill this condition.
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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.
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 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. Developer shall submit to the city a Notice of Restriction executed by the owner of the real
property to be developed. Said notice is to be filed in the office of the County Recorder, subject
to the satisfaction of the City Planner, notifying all interested parties and successors in interest
that the City of Carlsbad has issued a(n) Site Development Plan and Coastal Development Plan
by Resolution(s) No. 7425 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. The project is subject to the Prescriptive Compliance Option (PCO) of the City of Carlsbad's
Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown
on the PCO plan approved as part of this project and on file in the Planning Division. Prior to
issuance of a building permit, Developer shall submit an application pursuant to the landscape
plan check process on file in the Planning Division; however, no landscape plans are required, and
Developer shall only be responsible to pay the landscape inspection fee, with said application. The
approved PCO plan will be utilized by the city as part of the project's final inspection process.
14. 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.
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15. 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.
16. 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.
17. Prior to the recordation of the final map for any phase ofthis 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 and Density Bonus Housing Agreement with the
City to provide and deed restrict three (3) inclusionary dwelling units. Specifically, three (3) units
(Units 4, 7 and 17 as shown in the approved conceptual exhibits) 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 and Density Bonus 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.
18. Developer shall construct the three (3) inclusionary units concurrent with the project's
remaining 14 market-rate units, unless both the final decision-making authority of the city and
the Developer agree within the Affordable Housing and Density Bonus Housing Agreements to
an alternate schedule for development.
19. Developer shall implement the Ficus Tree Protection Plan -3039 Jefferson Street as prepared
by Tree Life Consulting dated November 2, 2020. The requirements/recommendations shall be
listed on the project construction plans, especially the demolition and grading construction
plans.
20. Prior to delivery of any construction materials or equipment to the site, or issuance of
demolition permit(s), whichever occurs first, the applicant shall provide written confirmation
to the City that a certified arborist has been retained to carry out the Ficus Tree Protection Plan
-3039 Jefferson Street (Tree Life Consulting, November 2, 2020) to the satisfaction of the City
Planner and Parks Services Manager. Verification shall be presented in the form of a letter from
the certified arborist to the City Planner.
21. Prior to delivery of any construction materials or equipment to the site, or issuance of
demolition permit(s), whichever occurs first, the certified arborist shall consult with the
demolition and grading contractors concerning demolition and excavation schedules, and to
further explain and coordinate the requirements of the Ficus Tree Protection Plan -3039
Jefferson Street (Tree Life Consulting, November 2, 2020). Verification shall be presented in the
form of a letter from the certified arborist to the City Planner.
22. Two (2) years following certificate of occupancy, an assessment of the existing street tree
located within the Jefferson Street public right-of-way shall be performed by the City of
Carlsbad Parks Department. Following completion of this assessment, if it is determined that
the street tree is in a state of decline (i.e., dying or dead) and tree replacement is required, the
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property owner of the mixed-use project, shall be responsible for the replacement of said tree,
including payment of all costs associated with the tree and stump removal and tree
replacement (max. 36-inch box) to the satisfaction of the Parks Services Manager.
23. Developer shall construct, install, and stripe not less than 19 vehicle parking spaces (six (6)
commercial vehicle parking spaces) within the at-grade parking garage as shown on Exhibits "A"
-"T" dated September 15, 2021.
24. The security gate/overhead door, designed to restrict vehicular access into the parking garage,
shall remain open during commercial tenant business hours.
25. Pedestrian doors, providing access to and from the parking garage, shall remain unlocked in an
operable condition during commercial tenant business hours.
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
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 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.
Fees/ Agreements
· 30. 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.
31. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
32. 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.
33. Developer shall cause owner to execute, for recordation, a city standard Local Improvement
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Grading
District Agreement to pay fair share contributions for undergrounding of all existing overhead
utilities and installation of streetlights, as needed, along the subdivision frontage, should a future
district be formed.
34. Based upon a review of the proposed grading and the grading quantities shown on the Site Plan,
a grading permit for this project is required. Developer shall prepare and submit plans and
technical studies/reports as required by city engineer, post security and pay all applicable grading
plan review and permit fees per the city's latest fee schedule.
35. 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.
Storm Water Quality
36. 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.
37. Developer shall complete and submit to the city engineer a Determination of Project's SW PPP 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.
38. 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.
39. .Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control
BMP and applicable hydromodification measures.
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Dedications/Improvements
40. Developer shall design the private drainage systems, as shown on the Site Plan to the satisfaction
of the city engineer. All private drainage systems (12" diameter storm drain and larger) shall be
inspected by the city. Developer shall pay the standard improvement plan check and inspection
fees for private drainage systems.
41. Developer shall prepare and process public improvement plans and, prior to city engineer
approval of said plans, shall execute a city standard Development Improvement Agreement to
install and shall post security in accordance with C.M.C. Section 20.16.070 for public
improvements shown on the site plan. Said improvements shall be installed to city standards to
the satisfaction of the city engineer. These improvements include, but are not limited to:
A. Curb and gutter
B. Sidewalk
C. Sewer laterals
D. Water services/meters
E. Sidewalk drains
F. Asphalt concrete pavement
Developer shall pay the standard improvement plan check and inspection fees in accordance with
the fee schedule. Improvements listed above shall be constructed within 36 months of approval
of the subdivision or development improvement agreement or such other time as provided in
said agreement.
42. Developer is responsible to ensure utility transformers or raised water backflow preventers that
serve this development are located outside the right-of-way as shown on the Site Plan and to the
satisfaction of the city engineer. These facilities shall be constructed within the property.
Utilities
43. 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.
44. Developer shall design and agree to construct public facilities within public right-of-way or within
minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the discretion
of the district or city engineer, wider easements may be required for adequate maintenance,
access and/or joint utility purposes.
45. Developer shall install potable water and/or recycled water services and meters at locations
approved by the district engineer. The locations of said services shall be reflected on public
improvement plans.
46. 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.
47. The developer shall design and agree to construct public water, sewer, and recycled water
facilities substantially as shown on the Site Plan) to the satisfaction of the district engineer and
city engineer.
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Code Reminders
48. 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.
49. 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 Site Plan are for planning purposes only.
50. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
51. 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.
52. Developer shall pay a landscape inspection fee as required by Section 20.08.050 of the Carlsbad
Municipal Code.
53. 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.
54. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
55. 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 ofthe City Planner prior
to installation of such signs.
56. Developer acknowledges that the project is required to comply with the city's greenhouse gas
{GHG) reduction ordinances and requirements. GHG reduction requirements are in accordance
with, but are not limited to, Carlsbad Municipal Code Chapters 18.21, 18.30, and 18.51 in addition
to the California Green Building Standards Code (CCR, Title 24, Part 11-CALGreen), as amended
from time to time. GHG reduction requirements may be different than what is proposed on the
project plans or in the Climate Action Plan Checklist originally submitted with this project.
Developer acknowledges that new GHG reduction requirements related to energy efficiency,
photovoltaic, electric vehicle charging, water heating and traffic demand management
requirements as set forth in the ordinances and codes may impact, but are not limited to, site
design and local building code requirements. If incorporating GHG reduction requirements results
in substantial modifications to the project, then prior to issuance of development (grading,
building, etc.) permits, Developer may be required to submit and receive approval of a
Consistency Determination or Amendment for this project through the Planning Division.
Compliance with the applicable GHG reduction requirements must be demonstrated on or with
the construction plans prior to issuance of the applicable development permits.
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NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest
them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the
protest and any other required information with the City Manager for processing in accordance with
Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent
legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on September 15, 2021, by the following vote, to wit:
AYES: Commissioners Lafferty, Luna, Kamenjarin, Meenes, Merz, Sabellico, and Stine
NOES:
ABSENT:
ABSTAIN :
ROY MEENES, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
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