HomeMy WebLinkAbout2022-08-17; Planning Commission; Resolution 7460PLANNING COMMISSION RESOLUTION NO. 7460
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECCOMENDING APPROVAL OF A RESIDENTIAL
TENTATIVE TRACT MAP, PLANNED DEVELOPMENT PERMIT, NON-
RESIDENTIAL PLANNED DEVELOPMENT PERMIT, AND SITE
DEVELOPMENT PLAN TO CONSTRUCT FOUR RESIDENTIAL AIR-SPACE
CONDOMINIUM UNITS AND A DETACHED, APPROXIMATELY 897-
SQUARE-FOOT OFFICE BUILDING ON AN APPROXIMATE 0.32 ACRE SITE
LOCATED AT 2770 AND 2754 JEFFERSON STREET (APNs 203-201-01, -02)
WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME:
CASE NO.:
Jefferson Mixed-Use
CT 2021-0001/PUD 2021-0004/PUD 2022-
0002/SDP 2021-0014 (DEV2020-0116)
EXHIBIT 3
WHEREAS, KARNAK PLANNING AND DESIGN, "Developer," has filed a verified application
with the City of Carlsbad regarding property owned by SCARPELLI FAMILY TRUST, "Owner," described as
LOTS 1 AND 2 OF SCHELL AND SITES ADDITION TO CARLSBAD, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAIFORNIA,
ACCORDING TO MAP THEREOF NO. 2145, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 20, 1929.
("the Property"); and
WHEREAS, said verified application constitutes a request for a Tentative Tract Map,
Planned Development Permit, Non-Residential Planned Development Permit, and Site Development
Plan as shown on Exhibit(s) "A" -"AA" dated August 17, 2022, on file in the Planning Division, CT 2021-
0001/PUD 2021-0004/PUD 2022-0002/SDP 2021-0014 {DEV2020-0116) -JEFFERSON MIXED-USE, as
provided by Chapter 21.45/21.47 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the California Environmental Quality Act, a Third Addendum to an
Environmental Impact Report (EIR), State Clearinghouse No. 2011011004 (EIR 13-02), relative to the
Project was prepared and the Planning Commission has reviewed and recommended the adoption of it
per Planning Commission Resolution No. 7458; and
WHEREAS, the Planning Commission did, on August 17, 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
Tentative Tract Map, Planned Development Permit, Non-Residential Planned Development Permit, and
Site Development Plan; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of CT 2021-0001/PUD 2021-0004/PUD 2022-0002/SDP 2021-
0014 (DEV2020-0116) -JEFFERSON MIXED-USE, based on the following findings and
subject to the following conditions:
Findings:
Tentative Tract Map, CT 2021-0001 _
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 four-unit residential air-space
condominium and detached office 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 Professional -Qualified Development Overlay Zone (R-P-
Q), the Planned Development Ordinance, Growth Management Ordinance, and the R-15/O
Residential Office (8-15 du/ac) General Plan Land Use designation.
There are special circumstances or conditions affecting the subject property, which makes the
approval of a General Plan Amendment and Zone change necessary to accommodate the
development proposal on one legal lot. With the prospective approval of a General Plan
Amendment and Zone Change to adjust the boundaries between the land use designations and
zoning districts on the project site, the proposed subdivision would be consistent with the
General Plan. The project is also consistent with, and advances, a number of other important
goals and policies of the General Plan, as discussed in the August 17, 2022 Planning Commission
staff report.
2. That the proposed project is compatible with the surrounding future land uses since surrounding
properties to the north, south, and east contain multi-family residences, and the properties to
the west contain residential and commercial uses. The surrounding properties to the south have
a General Plan Land Use designation as R-15/O Residential/Office (8-15 du/ac), the properties
to the north and east are designated as R-15 Residential (8-15 du/ac) and the properties to the
west are designated as Village-Barrio (V-B) which allows for a mixture of residential and
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commercial uses. Given the existing surrounding development, the air-space residential
condominium and detached office 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
Professional -Qualified Development Overlay Zone (R-P-Q) and the Planned Development
Ordinance are incorporated into the four-unit residential air-space condominium and detached
office project without the need for any variances from development standards.
The granting of the Tentative Map would not violate the requirements, goals, policies, or spirit
of the General Plan. The Project also would not be out of character for the area because the
proposed development would be well integrated into its surroundings, since the new structures
would incorporate compatible and integrated architecture, materials and colors, the project
wouid not be visually obstructive or disharmonious with surrounding areas, or harm major
views from adjacent properties. Necessary services and facilities are available or can be
provided.
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, or four units if building permits for the four-unit project has not been applied for
within two years of demolishing the existing home(s).
The project is also subject to certain fees described in the Master Fee Schedule, as it exists now
or as amended. It is the city's intent that the costs representing future development's share of
public facilities and capital improvements be imposed on the project to ensure that new
development pays the capital costs associated with new growth.
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 four-residential air-space condominium and detached office project will be constructed
at a location that is previously disturbed and developed with two single family dwellings with .
associated accessory structures. In addition, the project site is surrounded by existing multi-
family development. All applicable requirements of the Map Act and any ordinance of the City
of Carlsbad regulating land divisions have been satisfied.
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, PUD 2021-0004
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 3.13 dwelling units per acre (du/ac) for the four-unit residential air-space
condominium and detached office project is consistent with the proposed R-15/O General Plan
land use designation and all development standards applicable to the project as contained in
Chapters 21.18 (Residential Professional Zone (R-P)), 21.06 (Qualified Development Overlay
Zone (Q)) and 21.45 {Planned Developments) of the R-P-Q Residential-Professional -Qualified
Overlay Zone 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 four-unit residential air-space condominium and detached
office project does not propose or require any variances from standards, is compatible with
existing surrounding uses as permitted by the Residential Professional -Qualified Development
Overlay Zone (R-P-Q), and does not create any traffic circulation impacts as Jefferson Street is
adequately designed to accommodate the 45 Average Daily Trips (ADT) being generated.
12. The project will not adversely affect the public health, safety, or general welfare, in that the four-
unit residential air-space condominiums and detached office project has been designed to
comply with all applicable development standards .to ensure compatibility with surrounding
single-family residential, multiple-family residential, and commercial 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 four-unit residential air-space condominiums and detached office project is
designed with two separate buildings that are situated along a private drive aisle that is
enhanced by permeable interlocking pavers. The three-story residential structure and the two-
story commercial structure are architecturally harmonious with each other and include a variety
of exterior materials and colors. Primary building materials include light grey stucco, grey fiber
cement siding, pure white wood trim and gray siding with complimentary design elements such
as varied roof planes, varied window sizes and shapes, vinyl railings and eyebrows at window
heads. All elements (i.e. site layout, architecture, landscaping) create continuity in the overall
project design.
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Nonresidential Planned Development Permit, PUD 2022-0002
14. The granting of this permit will not adversely affect and will be consistent with the code, the
general plan, applicable specific plans, master plans, and all adopted plans of the city and other
governmental agencies in that the density of 3.13 dwelling units per acre (du/ac) for the four-
unit residential air-space condominium and detached office project is consistent with the
proposed R-15/O Residential/Office (8-15 du/ac) General Plan land use designation and all
development standards applicable to the project as contained in Chapters 21.18 (Residential
Professional (R-P) zone), 21.06 (Qualified Development Overlay (Q) zone) and 21.47
(Nonresidential Planned Developments) of the R-P-Q Residential-Professional zone -Qualified
Overlay of the Carlsbad Municipal Code.
15. The proposed use at the particular location is necessary and desirable to provide a service or
facility, which will contribute to the general well-being of the neighborhood and the community
in that the four-unit residential air-space condominium and detached office project will provide
commercial services in a convenient location adjacent to residential uses. The proposed
nonresidential planned development provides for individual ownership of the office building
with the four residential units which is compatible with the existing surrounding uses which
includes multi-family residences directly adjacent to the project site to the north, south and
east and commercial office buildings to the west.
16. Such use will not be detrimental to the health, safety, or general welfare of persons residing or
working in the vicinity, or injurious to property or improvements in the vicinity in that the four-
unit residential air-space condominium and detached office project meets all applicable city
standards and ordinances, and all public facilities and services are already developed. Adequate
parking, access, and drainage facilities for the project site will be provided onsite. Vehicular
access to and from the site from Jefferson Street is designed to be adequate for the proposed
nonresidential planned development.
17. The proposed nonresidential planned development meets all of the minimum development
standards of the underlying zone, except for lot area, in that the four-unit residential air-space
condominium and detached office project does not require variances from development
standards and the project is consistent with the R-P-Q Residential Professional Zone and
Qualified Development Overlay.
Site Development Plan, SOP 2021-0014
18. That the proposed development or use is consistent with the General Plan and any applicable
master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the
Carlsbad Municipal Code, and all other applicable provisions of this code, in that the proposal to
construct four-unit residential air-space condominiums and detached office located at 2770 and
2754 Jefferson Street is . consistent with the General Plan and satisfies all minimum
requirements of Titles 20 and 21 of the Carlsbad Municipal Code with respect to public facilities,
access and parking as discussed in the project staff report dated August 17, 2022.
19. That the requested development or use is properly related to the site, surroundings and
environmental settings, will not be detrimental to existing development or uses or to
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development or uses specifically permitted in the area in which the proposed development or use
is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that
the project consists of the construction of a four-unit residential air-space condominium and
detached office on two sites totaling 0.32-acres located at 2770 and 2754 Jefferson Street within
the Residential-Professional -Qualified Development Overlay Zone (R-P-Q). Residential uses
and Office uses are allowed by right in the R-P zone. Given that residential and commercial uses
are allowed in the surrounding properties, the proposed four-unit residential air-space
condominium and detached office project is compatible with existing and future land uses. The
proposed colors, materials and architectural features are well coordinated and complementary
to the site and its surroundings and would enhance the appearance of the neighborhood. No
evidence has been submitted or discovered that would suggest that the proposed project would
cause any material depreciation in appearance or detriment in value to the surrounding
neighborhood. The four-unit residential air-space condominium and detached office project will
not adversely impact the site, surroundings, or traffic circulation in that the existing surrounding
streets have adequate capacity to accommodate the 45_Average Daily Trips (ADT) generated by
the project. The project complies with all minimum development standards of the R-P-Q zone,
and the project provides adequate parking on-site and does not result in any significant
environmental impacts.
20. That the site for the intended development or use is adequate in size and shape to accommodate
the use, in that the R-15/O Residential/Office land use designations allows residential
development at a density range of 8 to 15 dwelling units per acre. Bases on an acreage of 0.32
acres, the proposed four-unit residential condominium units and detached office have a density
of 12.5 dwelling units per acre. As the proposed project falls within the allowable density range
and meets all required development standards, the project will adequately accommodate the
proposed density.
21. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested development or use to existing or permitted future development or use in the
neighborhood will be provided and maintained, in that as demonstrated in the project staff
report dated August 17, 2022, the four-unit residential air-space condominium and detached
office project complies with all development standards (i.e. setbacks, lot coverage, parking, and
height restrictions) of the Residential-Professional -Qualified Development Overlay Zone (R-P-
Q). Landscaping along the outer edge of the property, including the areas along Jefferson Street,
will provide consistent with the requirements of the city's Landscape Manual. In addition to the
above, the masonry privacy walls on the property will be provided or maintained.
22. That the street systems serying the proposed development or use is adequate to properly handle
all traffic generated by the proposed use, in that the four-unit residential air-space condominium
and detached office project will take access from Jefferson Street and can adequately handle
the 45 Average Daily Trips (ADT) generated by the project. Jefferson Street is already improved.
The project will reconstruct portions of the curb, gutter and sidewalk along the project frontage
due to the addition of street landscaping along Jefferson Street.
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General
23. 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
September 15, 2021, including, but not limited to the following:
a. Land Use & Community Design -The proposed four-unit residential and detached
commercial development makes efficient use of the existing lot in that it increases the
number of units from two to four and also provides a commercial component on-site.
A four-unit development and detached commercial office is compatible with the
surrounding development. The project has a density of 12.5 dwelling units per acre
which is within the R-15/O Residential/Office density range of 8-15 dwelling units per
acre and does not exceed nor is below the density range required for this land use
designation.
b. Mobility -The proposed project has been designed to meet all the circulation
requirements, including a single driveway access point off Jefferson Street. 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 units
2 and 3 of the condominiums and the detached office as described in the noise analysis
report (Eilar Associates, Inc., dated December 2020}. The project has been conditioned
to provide a ventilation system for all habitable space within air-space condominium
unit 1 to allow all windows and doors closed for an extended period of time, so that
acceptable levels of noise can be maintained on the interior.
d. Housing -The project is conditioned to pay an in-lieu fee on a per unit basis for two unit
if building permits for the four-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
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,
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a. The project has been conditioned to provide proof from the Carlsbad Unified School
District that the project has satisfied its obligation for school facilities.
b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected
prior to the issuance of building permit.
c. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
25. This project has been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 1.
26. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
27. 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 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 Tentative Tract Map, Planned
Development Permit, Non-Residential Planned Development Permit, and Site Development
Plan.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Tentative Tract Map, Planned Development Permit, Non-Residential
Planned Development Permit, and Site Development Plan documents, as necessary to make
them internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development,
different from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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,
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this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly,
from (a) city's approval and issuance of this Tentative Tract Map, Planned Development Permit,
Non-Residential Planned Development Permit, and Site Development Plan, (b) city's approval
or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with
the use contemplated herein, and (c) Developer/Operator's installation and operation of the
facility permitted hereby, including without limitation, any and all liabilities arising from the
emission by the facility of electromagnetic fields or other energy waves or emissions. This
obligation survives until all legal proceedings have been concluded and continues even if the city's
approval is not validated.
6. 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.
7. 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.
8. 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.
9. 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.
10. This approval is granted subject to the approval of Addendum #3 to the City of Carlsbad General
Plan EIR State Clearinghouse No. 2011011004 (EIR 13-02) and GPA 2021-0004 /ZC 2021-0003
and is subject to all conditions contained in Planning Commission Resolutions No. 7458 and 7459
for those other approvals incorporated herein by reference. ·
11. 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.
12. 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
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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.
13. Developer shall report, in writing, to the City Planner within 30 days, any address change from
that which is shown on the permit application, any change in the telecommunications provider,
or any transfer in ownership of the site.
14. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFO
#1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section
5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone
1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If
the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall
become void.
15. 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 Tentative Tract Map, Planned Development Permit, Non-
Residential Planned Development Permit, and Site Development Plan, by Resolution No. 7460
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.
16. 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.
17. 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.
18. 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:
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a. General Enforcement by the City: The City shall have the right, but not the obligation, to
enforce those Protective Covenants set forth in this Declaration in favor of, or in which
the City has an interest.
b. Notice and Amendment: A copy of any proposed amendment shall be provided to the
City in advance. If the proposed amendment affects the City, 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
(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 ____ _
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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 -----
19. 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.
20. 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.
21. 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.
22. 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 two units 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 two residential units, then the inclusionary housing in lieu fee will be
paid for four units.
23. Developer shall construct, install, and stripe not less than 3 commercial parking spaces, and provide
2 visitor spaces and 8 garage parking spaces, as shown on Exhibit{s) "A" -"AA".
24. Prior to the commencement of any ground disturbing activities, the applicant shall conduct a
background search of paleontological resources and consult with San Diego's Natural History
Museum.
25. Prior to the commencement of any ground disturbing activities, the project developer shall:
a. Retain the services of a qualified archaeologist who shall be on-site for ground
disturbing activities. In the event cultural material is encountered, the archaeologist is
empowered to temporarily divert or halt grading to allow for coordination with the
Luiseiio Native American monitor and to determine the significance of the discovery.
The archaeologist shall follow all standard procedures for cultural materials that are not
Tribal Cultural Resources.
b. Enter into a Pre-Excavation Agreement, otherwise known as a Tribal Cultural Resources
Treatment arid Tribal Monitoring Agreement, with the San Luis Rey Band of Mission
Indians or other Luiseiio tribe that meets all standard requirements of the tribe for such
Agreements. This agreement will address provision of a Luiseiio Native American
monitor and contain provisions to address the proper treatment of any tribal cultural
resources and/or Luiseiio Native American human remains inadvertently discovered
during the course of the project. The agreement will outline the roles and powers of
the Luiseiio Native American monitors and the archaeologist and may include the
following provisions. In some cases, the language below may be modified in
consultation with San Luis Rey Band of Mission Indians if special conditions warrant.
PC RESO NO. 7460 -12-
i. A Luiseiio Native American monitor shall be present during all ground disturbing
activities. Ground disturbing activities may include, but are not be limited to,
archaeological studies, geotechnical investigations, clearing, grubbing,
trenching, excavation, preparation for utilities and other infrastructure, and
grading activities.
ii. Any and all uncovered artifacts of Luiseiio Native American cultural importance
shall be returned to the San Luis Rey Band of Mission Indians, and/or the Most
Likely Descendant, if applicable, and not be curated, unless ordered to do so by
a federal agency or a court of competent jurisdiction.
iii. The Luiseiio Native American monitor shall be present at the project's
preconstruction meeting to consult with grading and excavation contractors
concerning excavation schedules and safety issues, as well as to consult with
the archaeologist Pl concerning the proposed archaeologist techniques and/or
strategies for the project.
iv. Luiseiio Native American monitors and archaeological monitors shall have joint
authority to temporarily divert and/or halt construction activities. If tribal
cultural resources are discovered during construction, all earth-moving activity
within and around the immediate discovery area must be diverted until the
Luiseiio Native American monitor and the archaeologist can assess the nature
and significance of the find.
v. If a significant tribal cultural resource(s) and/or unique archaeological
resource(s) are discovered during ground-disturbing activities for this project,
the San Luis Rey Band of Mission Indians shall be notified and consulted
regarding the respectful and dignified treatment of those resources. Pursuant
to California Public Resources Code Section 21083.2(b) avoidance is the
preferred method of preservation for archaeological and tribal cultural
resources. If, however, the Applicant is able to demonstrate that avoidance of
a significant and/or unique cultural resource is infeasible and a data recovery
plan is authorized by the City of Carlsbad as the lead agency, the San Luis Rey
Band of Mission Indians shall be consulted regarding the drafting and
finalization of any such recovery plan.
vi. When tribal cultural resources are discovered during the project, if the
archaeologist collects such resources, a Luiseiio Native American monitor must
be present during any testing or cataloging of those resources. If the
archaeologist does not collect the tribal cultural resources that are unearthed
during the ground disturbing activities, the Luiseiio Native American monitor
may, at their discretion, collect said resources and provide them to the San Luis
Rey Band of Mission Indians for dignified and respectful treatment in
accordance with their cultural and spiritual traditions.
vii.
PC RESO NO. 7460
If suspected Native American human remains are encountered, California
Health and Safety Code Section 7050.S(b} states that no further disturbance
-13-
shall occur until the San Diego County Medical Examiner has made the
necessary findings as to origin. Further, pursuant to California Public Resources
Code Section 5097.98(b) remains shall be left in place and free from disturbance
until a final decision as to the treatment and disposition has been made.
Suspected Native American remains shall be examined in the field and kept in
a secure location at the site. A Luiseiio Native American monitor shall be
present during the examination of the remains. If the San Diego County Medical
Examiner determines the remains to be Native American, the Native American
Heritage Commission (NAHC) must be contacted · by the Medical Examiner
within 24 hours. The NAHC must then immediately notify the "Most Likely
Descendant" about the discovery. The Most Likely Descendant shall then make
recommendations within 48 hours, and engage in consultation concerning
treatment of remains as provided in Public Resources Code 5097.98.
viii. In the event that fill material is imported into the project area, the fill shall be
clean of tribal cultural resources and documented as such. Commercial sources
of fill material are already permitted as appropriate and will be culturally
sterile. If fill material is to be utilized and/or exported from areas within the
project site, then that fill material shall be analyzed and confirmed by an
archeologist and Luiseiio Native American monitor that such fill material does
not contain tribal cultural resources.
ix. No testing, invasive or non-invasive, shall be permitted on any recovered tribal
cultural resources without the written permission of the SLRBMI.
x. Prior to the release of the grading bond, a monitoring report and/or evaluation
report, if appropriate, which describes the results, analysis and conclusions of
the monitoring program shall be submitted by the archaeologist, along with the
Luiseiio Native American monitor's notes and comments, to the City of Carlsbad
for approval. Said report shall be subject to confidentiality as an exception to
the Public Records Act and will not be available for public distribution.
26. Prior to occupancy, the residential structure shall be constructed in accordance with the
following requirements:
a. All windows and glass doors in the residential structure shall have a minimum sound
transmission class (STC) of 25.
b. All exterior doors installation in the residential structure shall include all-around
weather-tight door stop seals and improved threshold closure system.
c. An acoustical resilient, non-skinning, butyl caulking compound shall be applied between
the rough opening and the finished door frame for all doors, as well as any other
penetrations, cracks or gaps through the assembly of the residential structure.
d. A mechanical ventilation system must be installed in all habitable space within air-space
condominium unit 1. The mechanical ventilation system must meet the criteria of the
California Mechanical Code, including the capability to provide appropriate ventilation
PC RESO NO. 7460 -14-
rates. The ventilation system shall not compromise the sound insulation capability of
the exterior wall or be dependent on ventilation through windows.
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.
General
1. 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.
2. 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.
3. Developer shall submit to the city engineer an acceptable instrument, via CC&Rs and/or other
recorded document, addressing the maintenance, repair, and replacement of shared private
improvements within this subdivision, including but not limited to private utilities, street trees,
sidewalks, landscaping, enhanced paving, water quality treatment measures, low impact
development features, storm drain facilities, etc. located therein and to distribute th·e costs of
-such maintenance in an equitable manner among the owners of the properties within this
subdivision.
4. 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.
5. 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.
6. 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.
7. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover, etc.)
and irrigation along the parkway frontage with Jefferson Street as shown on the Tentative
Map/Site Plan.
Fees/ Agreements
8. 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.
9. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
PC RESO NO. 7460 -15-
10. 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.
11. 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 streetlights, as needed, along the subdivision frontage, should a future
district be formed.
Grading
12. 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.
13. 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
14. 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.
15. 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.
16. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form.
Developer is responsible to ensure that all final design plans, grading plans, and building plans
incorporate applicable best management practices {BMPs). These BMPs include site design,
source control and Low Impact Design {LID) measures including, but notlimited to, minimizing the
use of impervious area (paving), routing run-off from impervious area to pervious/landscape
PC RESO NO. 7460 -16-
areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or
signage all to the satisfaction of the City Engineer.
17. 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
18. Developer shall design the private drainage systems, as shown on the tentative map to the
satisfaction of the City Engineer. All private drainage systems (12" diameter storm drain and
larger) shall be inspected by the city. Developer shall pay the standard improvement plan check
and inspection fees for private drainage systems.
19. 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.
20. 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. Driveway approach
b. Remove and replace existing curb, gutter, and sidewalk
c. Non-contiguous sidewalk
d. Install sewer and water services
e. Grind and overlay existing AC pavement at the project frontage, half street width
f. Curb drains
21. Developer shall pay the standard improvement plan check and inspection fees in accordance with
the fee schedul~. 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.
22. 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.
PC RESO NO. 7460 -17-
23. 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.
24. 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
25. 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:
ii. Driveway approach
iii. Remove and replace existing curb, gutter, and sidewalk
iv. Non-contiguous sidewalk
v. Install sewer and water services
vi. Grind and overlay existing AC pavement at the project frontage, half street
width
vii. Curb drains
b. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
c. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to
encroach within the area identified as a sight distance corridor as defined by City of
Carlsbad Engineering Standards or line-of-sight per Caltrans standards.
d. The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise
through any diversion of waters, the alteration of the normal flow of surface waters or
drainage, or the concentration of surface waters or drainage from the drainage system or
other improvements identified in the city approved development plans; or by the design,
construction or maintenance of the drainage system or other improvements identified in
the city approved development plans.
PC RESO NO. 7460 -18-
Utilities
e. There are no public park or recreational facilities to be located in whole or in part within
this subdivision. The subdivider is therefore obligated to 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.
26. 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.
27. Developer shall design and agree to construct public facilities within public right-of-way or within
minimum 20-foot-wide easements granted to the district or the City of Carlsbad. At the discretion
of the district or city engineer, wider easements may be required for adequate maintenance,
access and/or joint utility purposes.
28. 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.
29. 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.
30. The developer shall design and agree to construct public water, sewer, and recycled water
facilities substantially as shown on the tentative map to the satisfaction of the District Engineer
and City Engineer.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
31. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
32. 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.
33. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
34. 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.
35. The project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code.
PC RESO NO. 7460 -19-
36. 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.
37. 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.
38. 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.
39. 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.
40. 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.
41. Subdivider shall comply with Section 20.16.040(d) of the Carlsbad Municipal Code regarding the
undergrounding of existing overhead utilities.
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
PC RESO NO. 7460 -20-
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.
AYES: Commissioners Lafferty, Luna, Kamenjarin, Merz, and Sabellico
NOES:
ABSENT: Commissioner Stine
ABSTAIN: Commissioner Meenes
I '
CARLSBAD PLANNI
ATTEST:
MIKE STRONG
Assistant Community Development Director
PC RESO NO. 7460 -21-