HomeMy WebLinkAbout2021-10-20; Planning Commission; Resolution 7427PLANNING COMMISSION RESOLUTION NO. 7427
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING TENTATIVE TRACT MAP CT 2019-
0001 AND PLANNED DEVELOPMENT PERMIT PUD 2019-0001 TO
CONSTRUCT A NINE-UNIT, RESIDENTIAL AIR-SPACE CONDOMINIUM
PROJECT ON AN APPROXIMATELY .40-ACRE LOT LOCATED ON THE SOUTH
SIDE OF GIBRALTAR STREET, AT THE INTERSECTION OF GIBRALTAR
STREET AND JEREZ COURT (APN: 216-300-05-00), WITHIN LOCAL
FACILITIES MANAGEMENT ZONE 6.
CASE NAME:
CASE NO.:
LA COSTA VILLAS NORTH
CT 2019-0001/PUD 2019-0001
(DEV2018-0135)
WHEREAS, FOROOZANDEH SAHBA, "Developer/Owner," has filed a verified application with the
City of Carlsbad regarding property described as
LOT 40 OF LA COSTA SOUTH UNIT NO. 5, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 6600 FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, ON MARCH 10, 1970
("the Property"); and
WHEREAS, said verified application constitutes a request for a Tentative Tract Map and Planned
Development Permit as shown on Exhibit(s) "A" -"QQ" dated October 20, 2021, on file in the Planning
Division CT 2019-0001/PUD 2019-0001-LA COSTA VILLAS NORTH, as provided by Chapters 21.24, 21.45
and 20.12 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on October 20, 2021, hold a duly noticed public hearing
as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of persons desiring to be heard, said Commission considered.all factors relating to the Tentative Tract
Map and Planned Development Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad
as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission APPROVES
CT 2019-0001/PUD 2019-0001-LA COSTA VILLAS NORTH, based on the following findings and subject to
the following conditions:
Findings:
Tentative Tract Map
1. That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable
specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act,
and will not cause serious public health problems, in that the nine-unit residential air-space
condominium project created through the tentative tract map satisfies all the minimum
requirements of Title 20 and has been designed to comply with other applicable regulations
including the Residential Density-Multiple (RD-M) Zone, the Planned Development Ordinance,
Growth Management Ordinance, and the R-23 General Plan Land Use designation.
2. That the proposed project is compatible with the surrounding future land uses since surrounding
properties to the north, south, and west have a General Plan Land Use designation as R-23
Residential and are developed with multi-family residential uses, and the abutting vacant
property to the east also has a R-23 Residential designation and can be developed with a similar
multi-family residential use. Given the existing surrounding development, the air-space
residential condominium project is compatible with existing and future land uses.
3. That the site is physically suitable for the type and density of the development since the site is
adequate in size and shape to accommodate residential development at the density proposed, in
that all required development standards and design criteria required by the Residential Density
-Multiple (RD-M) Zone and the Planned Development Ordinance are incorporated into the
nine-unit residential air-space condominium project without the need for any variances from
development standards.
4. That the design of the subdivision or the type of improvements will not conflict with easements
of record or easements established by court judgment, or acquired by the public at large, for
access through or use of property within the proposed subdivision, in that there are no
easements of record or easements established by court judgment for access through or use of
the property within the property.
5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act
of 1965 (Williamson Act).
6. That the design of the subdivision provides, to the extent feasible, for future passive or natural
heating or cooling opportunities in the subdivision, in that structures have been designed to
include operable windows on all elevations and balconies to maximize exposure of each unit to
natural light and ventilation from nearby coastal breezes, if desired.
7. That the Planning Commission has considered, in connection with the housing proposed by this
subdivision, the housing needs of the region, and balanced those housing needs against the public
service needs of the city and available fiscal and environmental resources in that the applicant
proposes to purchase two affordable housing credits to satisfy their inclusionary housing
obligations and to meet the housing needs of the region. As such, the project has been
conditioned to require the purchase of two affordable housing credits prior to building permit
issuance.
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
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that the nine-unit residential air-space condominium project site is surrounded by existing
multi-family development.
9. That the discharge of waste from the subdivision will not result in violation of existing California
Regional Water Quality Control Board requirements, in that the project will adhere to the city's
Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and
Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants,
and soil erosion.
Planned Development Permit
10. The proposed project is consistent with the general plan, and complies with all applicable
provisions of this chapter, and all other applicable provisions of the Carlsbad Municipal Code, in
that the density of 22.5 dwelling units per acre (du/ac) for the nine-unit residential air-space
condominium project is consistent with the R-23 Residential Land Use designation (15-23
du/acre). As discussed in the project staff report, the project is consistent with all minimum
development and design standards applicable to the property as contained in Chapters 21.24
(Residential Density-Multiple (RD-M)) Zone and 21.45 (Planned Developments) of the Carlsbad
Municipal Code.
11. The proposed project will not be detrimental to existing uses, or to uses specifically permitted in
the area in which the proposed use is to be located, and will not adversely impact the site,
surroundings, or traffic, in that the nine-unit residential air-space condominium project does not
propose or require any variances from standards, is compatible with existing surrounding uses
as permitted by the Residential Density-Multiple (RD-M) Zone, and does not create any traffic
circulation impacts as Gibraltar Street is adequately designed to accommodate the 72 Average
Daily Trips (ADT) being generated.
12. The project will not adversely affect the public health, safety, or general welfare, in that the nine-
unit residential air-space condominium project has been designed to comply with all applicable
development standards to ensure compatibility with surrounding single-family and multiple-
family residential uses.
13. The project's design, including architecture, streets, and site layout a) contributes to the
community's overall aesthetic quality; b) includes the use of harmonious materials and colors,
and the appropriate use of landscaping; and c) achieves continuity among all elements of the
project, in that the nine-unit residential air-space condominium project is designed with two
separate buildings that is situated along a private drive aisle that is enhanced by decorative
pavers. The two, three-story buildings with attached garages are architecturally harmonious
with each other and include a variety of exterior materials and colors. Primary building
materials include white stucco and gray siding with complimentary design elements such as
varied roof planes, varied window sizes and shapes, metal railings and eyebrows at window
heads. All elements (i.e. site layout, architecture, landscaping) create continuity in the overall
project design.
General
14. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the city's General Plan based on the facts set forth in the staff report dated
October 20, 2021, including, but not limited to the following:
A. Land Use -The nine-unit residential project density of 22.5 du/ac is within the R-23
Residential density range. The R-23 General Plan Land Use designation for the property also
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has a Growth Management Control (GMCP) Point of 19 du/ac. The GMCP is a tool utilized
by the city to track anticipated growth within the city and to plan for future needs. In
compliance with Senate Bill 330, Government Code Section 66300 (b)(l)(D), and City Council
action (Resolution No. 2021-074) the GMCP cannot act as a residential housing cap. At the
GMCP, eight dwelling units would be permitted on this 0.40-net-developable-acre property.
With nine units proposed, one dwelling unit will be withdrawn from the Excess Dwelling
Unit Bank for residential unit tracking purposes only; and therefore, the proposed density
is consistent with the R-23 General Plan Land Use designation.
B. Mobility -The proposed project has been designed to meet applicable circulation
requirements, which include a single driveway access point from Gibraltar Street. In
addition, the applicant will be required to pay traffic impact fees prior to issuance of a
building permit that will go towards future road improvements.
C. Public Safety -The proposed structural improvements are required to be designed in
conformance with all seismic design standards. In addition, the proposed project is
consistent with all the applicable fire safety requirements.
D. Noise -The project consists of nine residential condominiums located in two buildings. A
noise study Eilar Associates, Inc., dated April 25, 2019 was provided. The exterior required
private recreation areas are below the maximum 60 dB(a) CNEL noise level as designed,
therefore, the project design complies. The interior noise levels will comply with the 45
dB(a) CNEL requirement with typical building construction and no special design features
are required for meeting the interior noise limits.
E. Housing -As nine units are proposed, not less than 15 percent of the total units or two units
shall be constructed and restricted both as to occupancy and affordability to lower-income
households. Pursuant to CMC Section 21.85.070, when new construction is determined to
be infeasible or present a hardship, alternatives to the construction of a unit onsite may be
permitted. On March 15, 2021, the Housing Policy Team recommended approval of the
applicant's request to purchase two affordable housing credits from the Cassia Heights
affordable housing credit bank. The project is conditioned to purchase the two housing
credits prior to building permit issuance.
15. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 6 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 Encinitas Unified School District
that the project has satisfied its obligation for school facilities.
B. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44 and will be collected
prior to issuance of building permit.
C. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior
to the issuance of building permit.
D. The Local Facilities Management fee for Zone 6 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
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16. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
17. That the City Planner has determined that the project belongs to a class of projects that the State
Secretary for Resources has found do not have a significant impact on the environment, and it is
therefore categorically exempt from the requirement for the preparation of environmental
documents pursuant to Section 15332, In-fill Development Project, of the state CEQA Guidelines.
18. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed to
mitigate impacts caused by or reasonably related to the project, and the extent and the degree
of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of grading
permit, building permit, or recordation of the Final Map, whichever occurs first.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the city shall have the right to revoke or modify all approvals herein
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
Planned Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Tentative Tract Map and Planned Development Permit documents, as
necessary to make them internally consistent and in conformity with the final action on the
project. Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable 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) the city's approval and issuance of this Tentative Tract Map and Planned Development
Permit, (b) the city's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's
installation and operation of the facility permitted hereby, including without limitation, any and
all liabilities arising from the emission by the facility of electromagnetic fields or other energy
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waves or em1ss1ons. This obligation survives until all legal proceedings have been concluded and
continues even if the city's approval is not validated.
6. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Tentative Map,
conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final
decision-making body. The copy shall be submitted to the City Planner, reviewed and, if found
acceptable, signed by the city's project planner and project engineer. If no changes were required,
the approved exhibits shall fulfill this condition.
7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Encinitas 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 6 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
9. This approval shall become null and void if building permits are not issued for this project within
24 months from the date of project approval unless a time extension is filed in a timely manner
and approved by the City of Carlsbad.
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, 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 6, pursuant to Chapter 21.90. All
such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
12. Prior to approval of the Final Map, Developer shall submit to the city a Notice of Restriction
executed by the owner of the real property to be developed. Said notice is to be filed in the office
of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested
parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map and
Planned Development Permit by Resolution No. 7427 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
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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 plan
check process on file in the Planning Division and accompanied by the project's building,
improvement, and grading plans.
15. 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.
16. Developer shall establish a homeowner's association and corresponding covenants, conditions
and restrictions (CC&Rs}. Said CC&Rs shall be subm itted to and approved by the City Planner prior
to final map approval. Prior to Certificate of Occupancy, 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. A "hold" will be placed on the building permit (i.e.,
Certificate of Occupancy) to ensure that said CC&Rs are received prior to issuance of Certificate
of Occupancy. 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, the city shall have the right to
disapprove. A copy of the final approved amendment shall be transmitted to city within 30
days for the official record.
C. Failure of Association to Maintain Common Area Lots and Easements: In the event that the
Association fails to maintain the "Common Area Lots and/or the Association's Easements" as
provided in Article---~ Section ______ the city shall have the right, but not the
duty, to perform the necessary maintenance. If the city elects to perform such maintenance,
the city shall give written notice to the Association, with a copy thereof to the Owners in the
Project, setting forth with particularity the maintenance which the city finds to be required
and requesting the same be carried out by the Association within a period of thirty (30} days
from the giving of such notice. In the event that the Association fails to carry out such ·
maintenance of the Common Area Lots and/or Association's Easements within the period
specified by the city's notice, the city shall be entitled to cause such work to be completed
and shall be entitled to reimbursement with respect thereto from the Owners as provided
herein.
D. Special Assessments Levied by the city: In the event the city has performed the necessary
maintenance to either Common Area Lots and/or Association's Easements, the city shall
submit a written invoice to the Association for all costs incurred by the city to perform such
maintenance of the Common Area Lots and or Association's Easements. The city shall provide
a copy of such invoice to each Owner in the Project, together with a statement that if the
Association fails to pay such invoice in full within the time specified, the city will pursue
collection against the Owners in the Project pursuant to the provisions of this Section. Said
invoice shall be due and payable by the Association within twenty days of receipt by the
Association. If the Association shall fail to pay such invoice in full within the period specified,
payment shall be deemed delinquent and shall be subject to a late charge in an amount equal
to six percent of the amount of the invoice. Thereafter the city may pursue collection from
the Association by means of any remedies available at law or in equity. Without limiting the
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generality of the foregoing, in addition to all other rights and remedies available to the city,
the city may levy a special assessment against the Owners of each Lot in the Project for an
equal pro rata share of the invoice, plus the late charge. Such special assessment shall
constitute a charge on the land and shall be a continuing lien upon each Lot against which the
special assessment is levied. Each Owner in the Project hereby vests the city with the right
and power to levy such special assessment, to impose a lien upon their respective Lot and to
bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and
his/her respective Lot for purposes of collecting such special assessment in accordance with
the procedures set forth in Article ____ of this Declaration.
E. Landscape Maintenance Responsibilities: The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit _____ _
F. Balconies, trellis, and decks: The individual lot or unit owner allowances and prohibitions
regarding balconies, trellis, and decks shall be as set forth in Exhibit ____ _
17. Prior to Certificate of Occupancy, 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
as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of
Community Development and Planning.
19. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities
District or other financing mechanism which is inconsistent with City Council Policy No. 38, by
allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any
other disclosure required by law or Council policy, the Developer shall disclose to future owners
in the project, to the maximum extent possible, the existence of the tax or fee, and that the school
district is the taxing agency responsible for the financing mechanism. The form of notice is subject
to the approval of the City Planner and shall at least include a handout and a sign inside the sales
facility, or inside each unit, stating the fact of a potential pass-through of fees or taxes exists and
where complete information regarding those fees or taxes can be obtained.
20. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the City
Planner, in the sales office or inside each unit, at all times. All sales maps that are distributed or
made available to the public shall include but not be limited to trails, future and existing schools,
parks, and streets.
21. Developer shall post a sign in the sales office, or inside each unit, in a prominent location that
discloses which special districts and school district provide service to the project. Said sign shall
remain posted until ALL of the units are sold.
22. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so
required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of
an Outdoor Storage Plan, and thereafter comply with the approved plan.
23. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code
Chapter 21.105. Location of said receptacles shall be approved by the City Planner. Enclosure
shall be of similar colors and/or materials to the project to the satisfaction of the City Planner.
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24. 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.
25. Prior to the approval of the final map for any phase of the project, or where a map is not being
processed, prior to the issuance of building permits for any lots or units, the Developer shall enter
into an Affordable Housing Agreement with the city to purchase two (2) affordable housing
credits from the City of Carlsbad in the Cassia Heights affordable housing credit bank (a
combined offsite affordable housing development) to meet the inclusionary housing
requirements set forth in Chapter 21.85 of the Carlsbad Municipal Code for residential
developments. The individual credit purchase shall be the amount in effect at the time of
purchase, as established by City Council Resolution from time to time and shall be purchased at
the time of building permit issuance. The draft Affordable Housing Agreement shall be submitted
to the City Planner no later than 60 days prior to the request to final the map. The recorded
Affordable Housing Agreement shall be binding on all future owners and successors in interest.
Engineering:
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of
this proposed subdivision, must be met prior to approval of a final map, building permit or grading plan
whichever occurs first.
26. Prior to hauling dirt or construction materials to or from any proposed construction site within
this project, developer shall apply for and obtain approval from, the city engineer for the proposed
haul route.
27. This project is approved upon the express condition that building permits will not be issued for
the development of the subject property, unless the district engineer has determined that
adequate water and sewer facilities are available at the time of permit issuance and will continue
to be available until time of occupancy.
28. Developer shall submit to the city engineer an acceptable instrument, via CC&Rs and/or other
recorded document, addressing the maintenance, repair, and replacement of shared private
improvements within this subdivision, including but not limited to private driveway, utilities,
sidewalks, landscaping, enhanced paving, biofiltration basin, 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.
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.
30. 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.
31. 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.
32. Deve loper shall cause property owner to execute and submit to the city engineer for recordation,
the city's standard form Geologic Failure Hold Harmless Agreement.
33 . Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
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34. 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.
35. Based upon a review of the proposed grading and the grading quantities shown on the tentative
map, a grading permit for this project is required. Developer shall prepare and submit plans and
technical studies/reports as required by city engineer, post security and pay all applicable grading
plan review and permit fees per the city's latest fee schedule.
36. This project may require off site grading. No grading for private improvements shall occur outside
the project unless developer obtains, records, and submits a recorded copy, to the city engineer,
a temporary grading, construction or slope easement or agreement from the owners of the
affected properties. If developer is unable to obtain the temporary grading or slope easement, or
agreement, no grading permit will be issued. In that case developer must either apply for and
obtain an amendment of this approval or modify the plans so grading will not occur outside the
project and apply for and obtain a finding of substantial conformance and/or consistency
determination from both the city engineer and city planner.
37. 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.
38. Concurrent with the grading plans Developer shall include shoring plans as part of the grading
plans to the satisfaction of the city engineer and building official. Structural calculations for all
shoring shall be submitted for review and approval by the building division. Developer shall
pay all deposits necessary to cover any 3rd party review.
39. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best 'management practices include but are
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants of the above
requirements.
40. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP Tier
Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall
also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level
Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer. Developer
shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule.
41. 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
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plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's
latest fee schedule.
42. 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.
43. 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 standa rd improvement plan check
and inspection fees for private drainage systems.
44. 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 ih accordance with C.M.C. Section 20.16.070 for public improvements
shown on the tentative map. Said improvements shall be installed to city standards to the
satisfaction of the city engineer. These improvements include, but are not limited to:
A. Curb and gutter
B. Driveway
C. Water services and meters
D. A.C. grind and overlay
E. Curb outlet
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.
45. Developer is responsible to ensure utility transformers or raised water backflow preventers that
serve t his development are located outside the right-of-way as shown on the Tentative Map and
to the satisfaction of the city engineer. These facilities shall be constructed within the property.
46. 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. Sect ion 20.16.070 to install public improvements
shown on the tentative map. These improvements include, but are not limited to:
1) Curb and gutter.
2) Driveway.
3) Water services and meters
4) A.C. grind and overlay.
5) Curb outlet.
B. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
C. Geotechnical Caution:
1) Slopes steeper than two parts horizontal to one-part vertical exist within the
boundaries of this subdivision.
2) 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
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that may arise through any geological failure, ground water seepage or land
subsidence and subsequent damage that may occur on, or adjacent to, this
subdivision due to its construction, operation or maintenance.
D. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to
encroach within the area identified as a sight distance corridor as defined by City of
Carlsbad Engineering Standards or line-of-sight per Caltrans standards.
E. The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may
arise through any diversion of waters, the alteration of the normal flow of surface waters
or drainage, or the concentration of surface waters or drainage from the drainage system
or other improvements identified in the city approved development plans; or by the
design, construction or maintenance of the drainage system or other improvements
identified in the city approved development plans.
F. There are no public park or recreational facilities to be located in whole or in part within
this subdivision. The subdivider is therefore obligated to pay park-in-lieu fees in
accordance with section 20.44.050 of the Carlsbad Municipal Code and has either paid all
of said park in-lieu fees or agreed to pay all of said park-in-lieu fees in accordance with
section 20.16.070 of the Carlsbad Municipal Code.
47. 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.
48. 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.
49. The potable water service for this project shall be master-metered subject to approval by the
district engineer. Developer shall install private sub-meters as necessary for all proposed units.
Final meter design, backflow preventer, size, and manufacturer shall be provided to the
satisfaction of the district engineer and shown on public improvement plans.
50. The developer shall meet with and obtain approval from the Leucadia Wastewater District
regarding sewer infrastructure available or required to serve this project.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
51. 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.
52. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 17.04.060. Prior to submittal for a building permit, Developer shall submit a request for
addressing to the Building Division.
53. Any signs proposed for this development shall at a minimum be designed in conformance with
the city's Sign Ordinance and shall require review and approval of the City Planner prior to
installation of such signs.
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54. This tentative map shall expire two years from the date on which the application is approved.
55. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
56 . 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.
57. 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.
58 . 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.
59. Developer acknowledges that the project is required to comply with the city's greenhouse gas
(GHG) reduction ordinances and requirements. GHG reduction requirements are in accordance
with, but are not limited to, Carlsbad Municipal Code Chapters 18.21, 18.30, and 18.51 in addition
to the California Green Building Standards Code (CCR, Title 24, Part 11-CALGreen), as amended
from time to time. GHG reduction requirements may be different than what is proposed on the
project plans or in the Climate Action Plan Checklist originally submitted with this project.
Developer acknowledges that new GHG reduction requirements related to energy efficiency,
photovoltaic, electric vehicle charging, water heating and traffic demand management
requirements as set forth in the ordinances and codes may impact, but are not limited to, site
design and local building code requirements. If incorporating GHG reduction requirements
results in substantial modifications to the project, then prior to issuance of development (grading,
building, etc.) permits, Developer may be required to submit and receive approval of a
Consistency Determination or Amendment for this project through the Planning Division.
Compliance with the applicable GHG reduction requirements must be demonstrated on or with
the construction plans prior to issuance of the applicable development permits.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten {10) calendar days of the date of the Planning Commission's
decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in
writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal
prior to any judicial review.
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