HomeMy WebLinkAbout2022-06-01; Planning Commission; Resolution 7448PLANNING COMMISSION RESOLUTION NO. 7448
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT
PERMIT, SITE DEVELOPMENT PLAN, COASTAL DEVELOPMENT PERMIT,
AND TENTATIVE PARCEL MAP TO DEMOLISH TWO EXISTING RESIDENTIAL
UNITS AND CONSTRUCT A THREE-UNIT, RESIDENTIAL AIR-SPACE
CONDOMINIUM PROJECT ON A 0.20-ACRE SITE LOCATED AT 245-245.5
ACACIA AVENUE, WITHIN THE MELLO II SEGMENT OF THE LOCAL
COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME:
CASE NO.:
ACACIA BEACH HOMES
PUD 2021-0006 SOP 2021-0018/CDP 2021-0036
MS 2021-0004 (DEV2021-0145)
WHEREAS, RREG Investments Series LLC, "Developer/Owner," has filed a verified
application with the City of Carlsbad regarding property described as
The Northwesterly 150.00 feet of Lot 10 in Block "Q" of Palisades No. 2,
in the City of Carlsbad, County of San Diego, State of California,
according to map thereof no. 1803, filed in the Office of the County
Recorder of San Diego County, August 25, 1924
("the Property"); and
WHEREAS, said verified application constitutes a request for a Planned Development
Permit, Site Development Plan, Coastal development Permit, and Tentative Parcel Map as shown on
Exhibit(s) "A" -"P" dated June 1, 2022, on file in the Planning Division, PUD 2021-0006/SDP 2021-
0018/CDP 2021-0036/MS 2021-0004 -ACACIA BEACH HOMES, as provided by Chapter 21.06, 21.16,
21.45, 21.82, 21.203 and 20.24 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on June 1, 2022, 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
Planned Development Permit, Site Development Plan, Coastal Development Permit, and Tentative Parcel
Map.
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
PUD 2021~0006/SDP 2021-0018/CDP 2021-0036/MS 2021-0004 -ACACIA BEACH
HOMES, based on the following findings and subject to the following conditions:
Findings:
Planned Development Permit {PUD 2021-0006)
1. 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 project's proposed density of 15 du/ac is within the R-23 density range of 15-23
dwelling units per acre {du/ac). The project is consistent with all remaining development and
design standards applicable to the property as contained in Chapters 21.16 {Multiple-Family
Residential Zone), 21.45 {Planned Developments), and 21.82 {Beach Area Overlay Zone) of the
Carlsbad Municipal Code.
2. 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 three-unit residential air-space condominium project is
compatible with the surrounding multi-family residential uses as permitted by the Multiple-
Family Residential {R-3) Zone; and does not create any traffic circulation impacts as Acacia
Avenue is adequately designed to accommodate the 24 average daily trips {ADT) being
generated.
3. The project will not adversely affect the public health, safety, or general welfare, in that the three-
unit residential air-space condominium project has been designed to comply with all applicable
development standards to ensure compatibility with surrounding multi-family residential uses.
Additionally, the proposed structural improvements will be required to comply with all seismic
design standards as well as all applicable fire safety requirements.
4. 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 three-unit, three-story residential air-space condominium project is
architecturally harmonious with the surrounding environment in that it is designed with a
modern-beach influence. Primary building materials include stucco, Hardie wood siding, and
brick veneer. Other finishes include open-style balconies, and a 3:12 pitch grey asphalt shingle
roof. All elements {i.e., site layout, architecture, landscaping) create continuity in the overall
project design.
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Site Development Plan (SDP 2021-0018)
5. That the requested use is properly related to the site, surroundings and environmental settings,
is consistent with the various elements and objectives of the General Plan, will not be detrimental
to existing uses or to uses specifically permitted in the area in which the proposed use is to be
located, and will not adversely impact the site, surroundings or traffic circul~tion, in that the
General Plan Land Use designation for the property is R-23 Residential, which allows residential
development at a density range of 15-23 dwelling units per acre (du/ac) The project site has a
net developable acreage of 0.20 acres, which allows for three to five units on the site. Therefore,
the three-unit residential development complies with the R-23 General Plan Land Use
designation for density. The R-23 General Plan Land Use designation for the property also has a
Growth Management Control Point (GMCP) of 19 du/ac. The GMCP is a tool utilized by the city
to track anticipated growth within the city and plan for future facility needs. In compliance with
Senate Bill (SB) 330, Government Code Section 66300 (b)(l)(D), and City Council action
(Resolution No. 2021-074) the GMCP cannot be used as a residential housing cap. At the GMCP,
3.8 dwelling units, or 4 when rounded up per CMC Section 21.53.230(e), would be permitted on
this 0.20 net-developable-acre property. Since the project proposes three units and does not
exceed the GMCP, no allocation of "excess" dwelling units is necessary for tracking purposes.
The project is consistent with the various elements and objectives of the General Plan as
discussed in the findings below and Section A of the project staff report. The proposed three-
unit residential condominium will not be detrimental to existing uses or to uses specifically
permitted in the area in that air-space condominiums is permitted within the Multiple-Family
Residential (R-3) Zone and is compatible with the other residential uses surrounding the project
site that includ.es multiple-family residential. The site, surroundings, or traffic circulation will
not be adversely impacted by the project in that the existing surrounding streets have adequate
capacity to accommodate the 24 Average Daily Trips (ADT) generated by the project. The project
complies with all minimum development standards of the Carlsbad Municipal Code, including
but not limited to the Multiple-Family Residential (R-3) Zone, Beach Area Overlay Zone (BAOZ),
and the Planned Development Ordinance. Additionally, the project provides adequate onsite
parking and does not result in any additional environmental impacts.
6. That the site for the intended use is adequate in size and shape to accommodate the use, in that
the three-unit residential air-space condominium project complies with all applicable
development standards (i.e., setbacks, lot coverage, parking, and height restrictions) of the
Multiple-Family Residential (R-3) Zone, the Beach Area Overlay Zone (BAOZ), and the Planned
Development Ordinance as referenced in the project staff report.
7. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested use to existing or permitted future uses in the neighborhood will be provided and
maintained, in that as referenced in the project staff report, the three-unit residential air-space
condominium project complies with all applicable development standards (i.e. setbacks, lot
coverage, parking, and height restrictions) of the Multiple-Family Residential (R-3) Zone, the
Beach Area Overlay Zone (BAOZ), and the Planned Development Ordinance. Landscaping along
Acacia Avenue 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 and
maintained.
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8. That the street systems serving the proposed use are adequate to properly handle all traffic
generated by the proposed use, in that the three-unit residential air-space condominium project
will be accessed via a single driveway on Acacia Avenue, which is identified as a local street and
is designed to adequately handle the 24 Average Daily Trips (ADT) generated by the project.
Acacia Avenue is already improved with pavement, curb, gutter and sidewalks next to a curb-
adjacent parkway. The project will reconstruct portions of the curb, gutter and sidewalk along
the project frontage due to the modification of the drive isle.
Coastal Development Permit (CDP 2021-0036)
9. That the proposed development is in conformance with the Mello II Segment .of the Certified
Local Coastal Program (LCP) and all applicable policies, in that the site is designated R-23
Residential (15-23 du/ac) for single-, two-and multi-family residential development by the
Mello II LCP. The proposed three-unit condominium project has a density of 15 du/ac and is
consistent with the R-23 Residential (15-23 du/ac) General Plan Land Use designation. Three
units are permitted on this 0.20 net-developable-acre property. The proposed three-story
project will not obstruct views of the coastline as seen from public lands or the public right-of-
way, nor otherwise damage the visual beauty of the coastal zone. No agricultural uses currently
exist on the site, nor are there any sensitive resources located on the property. In addition, the
proposed three-unit residential condominium project is not located in an area of known
geologic instability or flood hazards. Since the site does not have frontage along the coastline,
no public opportunities for coastal shoreline access are available from the subject site.
Furthermore, the residentially designated site is not suited for water-oriented recreation
activities.
10. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the property is not located adjacent to the shoreline. Therefore, the three-
unit residential air-space condominium project will not interfere with the public's right to
physical access to the ocean and, furthermore, the residentially designated site is not suited for
water-oriented recreation activities.
11. That the project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(Chapter 21.203 of the Zoning Ordinance) in that the three-unit residential air-space
condominium project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm
Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP)
to avoid increased urban runoff, pollutants, and soil erosion. No undevelopable steep slopes
or native vegetation is located on the subject property and the previously graded site is not
located in an area prone to landslides, or susceptible to accelerated erosion, floods, or
liquefaction.
12. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X of the Land
Use Plan, certified September 1990 and Agricultural Conversion Mitigation Fees are not required
in accordance with the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the
Zoning Ordinance).
13. The project is not between the sea and the first public road parallel to the sea and therefore, is
not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204
of the Zoning Ordinance).
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Tentative Parcel Map (MS 2021-0004}
14. · 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 three-unit residential air-space
condominium created through the tentative parcel map satisfies all the minimum requirements
of Title 20 and has been designed to comply with other applicable regulations including, the
Multiple-Family Residential (R-3) Zone, the Beach Area Overlay Zone (BAOZ), the Planned
Development Ordinance, and the R-23 Residential General Plan Land Use designation.
15. That the proposed project is compatible with the surrounding future land uses since surrounding
properties are designated R-23 Residential for residential development at a density of 15-23
du/ac. Surrounding properties are predominantly developed with multiple-family residential
projects.
16. 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 other required development standards and design criteria required by the Multiple-
Family Residential (R-3} Zone, the Planned Development Ordinance, and the Beach Area
Overlay Zone (BAOZ) are incorporated into the three-unit residential air-space condominium
project.
17. 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 three-unit
residential air-space condominium project has been designed and conditioned so that there are
no conflicts with established easements and no additional right-of-way is required.
18. That the property is not subject to a contract entered into pursuant to the Land Conservation Act
of 1965 (Williamson Act).
19. 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 structure is designed to include
balconies and operable windows oriented to maximize exposure of each unit to natural light
and ventilation from nearby coastal breezes.
20. 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.
21. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish and wildlife or their habitat, in
that the three-unit residential air-space condominium project site is an infill site, has been
previously developed, and is surrounded by existing multi-family residential development.
22. 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 three-unit residential air-space
PC RESO NO. 7448 -5-
General
condominium project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm
Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP)
to avoid increased urban runoff, pollutants, and soil erosion.
23 . That 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 June
1, 2022 including, but not limited to the following:
A. Land Use & Community Design -The proposed three-unit residential infill development
makes efficient use of the existing lot in that it increases the number of units from two to
three. A three-unit development is compatible with the surrounding development. The
project has a density of 15 dwelling units per acre which is within the R-23 Residential density
range of 15-23 du/ac and does not exceed nor is below the density range required for this
land use designation. The R-23 General Plan Land Use designation for the property also has
a Growth Management Control Point {GMCP) of 19 du/ac. The GMCP is a tool utilized by the
city to track anticipated growth within the city and plan for future facility needs. In
compliance with Senate Bill {SB) 330, Government Code Section 66300 (b){l){D), and City
Council action (Resolution No. 2021-074) the GMCP cannot be used as a residential housing
cap. At the GMCP, 3.8 dwelling units, or 4 when rounded up per CMC Section 21.53.230{e),
would be permitted on this 0.20 net-developable-acre property. Since the project proposes
three units and does not exceed the GMCP, no allocation of "excess" dwelling units is
necessary for tracking purposes.
B. Mobility -The proposed project has been designed to meet all the circulation requirements,
including a single driveway access point off Acacia Avenue. In addition, the applicant will be
required to pay traffic impact fees prior to issuance of building permit that will go toward
future road improvements.
C. Noise -The proposed project is consistent with the Noise Element of the General Plan in that
the project's building design adequately attenuates the noise levels for the new
condominiums as described in the noise analysis report (Birdseye Planning Group, June
2021).
D. Housing -The project is conditioned to pay an in-lieu fee on a per unit basis for one unit if
building permits for the three-unit project are applied for within two years of demolishing
the existing two-unit residential development.
E. Public Safety -The proposed structural improvements will be required to be designed in
conformance with all seismic design standards. In addition, the project is consistent with all
of the applicable fire safety requirements. Additionally, the proposed project is not located
in an area of known geologic instability or flood hazard and the site is not located in an area
prone to landslides, or susceptible to accelerated erosion, floods or liquefaction.
24. 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
PC RESO NO. 7448 -6-
facilities and improvements regarding sewer collection and treatment; water; drainage;
circulation; fire; schools; parks and other recreational facilities; libraries; government
administrative facilities; and open space, related to the project will be installed to serve new
development prior to or concurrent with need. Specifically,
A. The project has been conditioned to provide proof from the Carlsbad Unified School District
that the project has satisfied its obligation for school facilities.
B. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44 and will be collected
prior to issuance of building permit.
C. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior
to the issuance of building permit.
D. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
25. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
26. 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.
27. 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 June
1, 2022.
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 Parcel Map, whichever comes 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 Planned Development Permit,
Site Development Plan, Coastal Development Permit, and Tentative Parcel Map.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Planned Development Permit, Site Development Plan, Coastal
Development Permit, and Tentative Parcel Map documents, as necessary to make them
PC RESO NO. 7448 -7-
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 Planned Development Permit, Site Development
Plan, Coastal Development Permit, and Tentative Parcel Map, (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/Site
Plan, conceptual grading plan and preliminary utility plan reflecting the conditions approved by
the final decision making body. The copy shall be submitted to the City Planner, reviewed and, if
found acceptable, signed by the city's project planner and project engineer. If no changes were
required, the approved exhibits shall fulfill this condition.
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
PC RESO NO. 7448 -8-
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 1, pursuant to Chapter 21.90. All
such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
12. Prior to the issuance of the grading permit or final map approval, whichever comes first,
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 Planned Development Permit, Site Development Plan,
Coastal Development Permit, and Tentative Parcel Map, by Resolution(s) No. 7444 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 plan
check process on file in the Planning Division and accompanied by the project's building,
improvement, and grading plans.
15. Developer shall establish a homeowner's association and corresponding covenants, conditions
and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner prior
to final parcel 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&R's 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, City shall have the right to disapprove.
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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 a'nd 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
Ass_ociation 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 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 ____ _
16. Prior to Certificate of Occupancy, the Developer shall submit to the City Planner a recorded copy
of the Condominium Plan filed with the Bureau of Real Estate which is in conformance with the
City-approved documents and exhibits.
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17. 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.
18. The developer shall pay to the city an inclusionary housing in lieu fee as an individual fee on a per
market rate dwelling unit basis for one (1) unit in the amount in effect at the time, as established
by City Council Resolution from time to time. If building permits are not applied within two years
of demolishing the existing unit, then the inclusionary housing in lieu fee will be paid for three
units.
19. 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.
20. 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.
21. 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.
Engineering:
22. 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.
23. 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.
24. 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 street trees, sidewalks,
landscaping, enhanced paving, water quality treatment measures, low impact development
features, storm drain facilities, retaining wall, and driveway approach located therein and to
distribute the costs of such maintenance in an equitable manner among the owners of the
properties within this subdivision.
25. 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.
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26. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover, etc.)
and irrigation along the parkway frontage with Acacia Avenue as shown on the Tentative Map.
Fees/ Agreements
27. 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.
28. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
29. 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.
30. Developer shall cause owner to execute, for recordation, a city standard Local Improvement
District Agreement to pay fair share contributions for undergrounding of all existing overhead
utilities and installation of street lights, as needed, along the subdivision frontage, should a future
district be formed.
Grading
31. 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.
32. 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
33. 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.
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34. 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.
35. This project is subject to Trash Capture requirements. Developer shall prepare and process a
Trash Capture Storm Water Quality Management Plan (TCSWQMP), subject to city engineer
approval, to comply with the Carlsbad BMP Design Manual latest version. The final TCSWQMP
required by this condition shall be reviewed and approved by the city engineer with final
grading plans and/or building plans, whichever occurs first. Developer shall pay all applicable
SWQMP plan review and inspection fees per the city's latest fee schedule.
Dedications/Improvements
36. Developer shall design the private <;lrainage 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.
37. 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.
38. Developer shall prepare and process public improvement plans and, prior to city engineer
approval of said plans, shall execute a city standard subdivision Improvement Agreement to install
and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements
shown on the 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. Install a non-contiguous sidewalk at the property's frontage
B. 2" asphalt pavement grind and overlay along the property's frontage to the road
centerline
C. · Sewer laterals, main, and cleanout, curb & gutter, driveway, water services and
meters
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.
39. Developer shall design, and obtain approval from the city engineer, the structural section for the
access aisles with a traffic index of 5.0 in accordance with city standards due to truck access
through the parking area and/or aisles with an ADT greater than 500. Prior to completion of
grading, the final structural pavement design of the aisle ways shall be submitted together with
required R-value soil test information subject to the review and approval of the city engineer.
40. Developer is responsible to ensure all existing overhead utilities servicing the subject property are
to be undergrounded as shown on the Tentative Map and to the satisfaction of the city engineer.
No new or relocated utility poles are allowed.
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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 Tentative Map and
to the satisfaction of the city engineer. These facilities shall be constructed within the property.
Non-Mapping Notes
41. 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) Install a non-contiguous sidewalk at the property's frontage
2) 2" asphalt pavement grind and overlay along the property's frontage to the road
centerline
3) Sewer laterals, main, and cleanout, curb & gutter, driveway, water services and
meters
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: The owner of this property on behalf of itself and all of its
successors in interest has agreed to hold harmless and indemnify the City of Carlsbad
from any action that may arise through any geological failure, ground water seepage or
land subsidence and subsequent damage that may occur on, or adjacent to, this
subdivision due to its construction, operation or maintenance.
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.
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Utilities
42. 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.
43. 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.
44. 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.
Code Reminders
45. 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.
46. 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.
47. Subdivider shall comply with Section 20.16.040(d) of the Carlsbad Municipal Code regarding the
undergrounding of existing overhead utilities.
48. The tentative map shall expire two years from the date on which the planning commission voted
to approve this application.
49. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final parcel map as
required by Chapter 20.44 of the Carlsbad Municipal Code.
50. 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.
51. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
52. 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.
53. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
54. 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
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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.
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.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of
the City of Carlsbad, California, held on June 1, 2022, by the following vote, to wit:
AYES: Chairperson Stine, Commissioners Lafferty, Luna, Kamenjarin, Merz, and
Sabellico
NOES:
ABSENT: Commissioner Meenes
ABSTAIN:
JOSEPH STINE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
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