HomeMy WebLinkAbout2023-05-03; Planning Commission; Resolution 7482'I I• 'J ) )
PLANNING COMMISSION RESOLUTION NO. 7482
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN, SDP2022-0003, AND
COASTAL DEVELOPMENT PERMIT, CDP2022-0023, TO CONSOLIDATE THREE
PARCELS OF LAND, DEMO AN EXISTING SELF-STORAGE FACILITY, FORMER
JUNKYARD, AND TWO ABANDONED STRUCTURES; AND CONSTRUCT 86
TWO-AND THREE-STORY MUTLIPLE-FAMILY RESIDENTIAL APARTMENTS ON
A 4.64 ACRE PROPERTY LOCATED AT 7200, 7290, AND 7294 PONTO DRIVE IN
THE SOUTHWEST QUADRANT OF THE CITY AND LOCAL FACILITIES
MANAGEMENTZONE 22
CASE NAME: FPC RESIDENTIAL
CASE NO.: SDP2022-0003/CDP2022-0023 (DEV2022-0048)
WHEREAS, H.G. Fenton Property Company, "Developer/Owner," has filed a verified
application with the City of Carlsbad regarding property described as
PARCEL 1:
Parcel "B" as shown on Parcel Map No. 4383 in the City of Carlsbad, County
of San Diego, State of California, filed in the office of the County recorder of
San Diego County, January 14, 1976.
PARCEL 2:
That parcel of land, situated within a portion of the South half of Southwest
quarter of Section 28 and within a portion of the South two-thirds of Lot 4
Southeast quarter of Southeast quarter-of Section 29, Township 12 South,
Range 4 West, San Bernardino Meridian, according to Official Plat thereof,
in the County of San Diego, State of California, and more particularly
described as a whole as follows:
Beginning at the corner common to Sections 28, 29, 32, and 33, in said
Township and Range, thence along the Southerly line of said Section 28
North 89°59'20" East 250 feet, more or less, to the Southwesterly corner of
that strip of land 200 feet wide, described in Deed to the Atchison Topeka
and Santa Fe Railway Company, recorded March 30, 1946 as Instrument No.
34729, in Book 2059, Page(s) 466 of Official Records; thence along the
Southwesterly line of said 200 foot strip of land North 21 °08'18" West
856.60 feet, more or less, to the Northeasterly boundary of the 200 foot
right of way of the Atchison Topeka and Santa Fe Railway Company formerly
California Southern Railroad Company, as said right of way was granted by
Act of Congress and as shown on original right of way map thereof approved
by the Department of the Interior, United States of America, on May 12,
1881; thence along said railway boundary South 4°40'18" East to the
Southerly line of said Section 29; thence along said Southerly section line
South 89°49' East to the point of beginning.
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PARCEL 3:
All that portion of the South two-thirds of Lot 4 (Southeast quarter of the
Southeast quarter) of Section 29, Township 12 South, Range 4 West, San
Bernardino Meridian, in the County of San Diego. State of California,
according to the United State Government Survey approved October 25,
1875, described as follows:
Beginning at the intersection of the South line of said Section 29, with the
Westerly line of the abandoned portion of the Atchison, Topeka and Santa
Fe Railway Company's (formerly the California Railway Company) right of
way across the South two-thirds of said Lot 4, said point being distant along
said Southerly line North 89°49' West 209.69 feet from the Southeast corner
of said Section 29; thence along the Westerly line of said abandoned
railroad right of way, North 4°40'18" West to the Northerly line of said
South two-thirds of Lot 4, being the South line of land conveyed to Herbert
J. Estes by Deed recorded December 3, 1936 in Book 600, Page 65 of Official
Records; thence retracing South 4°40'18" East a distance of 600.00 feet to
the true point of beginning: thence continuing South 4°40'18" East 159.19
feet; thence South 15°17' East, 188.48 feet to the North line of the South
40.00 feet of said Lot 4; thence along said North line South 89°49' East
162.60 feet to the Easterly line of said abandoned right of way; thence along
said Easterly line North 4°40'18" West 343.26 feet to a point bearing South
89°40'18" East 200.00 feet from the true point of beginning; thence North
89°40'18" West 200.00 feet to the true point of beginning.
APNs: 214-160-25, 214-160-28, 214-171-11
("the Property"); and
WHEREAS, said verified application constitutes a request for a Site Development Plan and
Coastal Development Permit as shown on Exhibit(s) "A -Ill" dated May 3, 2023, on file in the Planning
Division, SDP2022-0003/CDP2022-0023 -FPC RESIDENTIAL as provided by Chapter 21.06, 21.85, 21.86
and 21.201.030 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and its
implementing regulations (the State CEQA Guidelines), Article 14 of the California Code of Regulations
section 15000 et. seq., the city is the Lead Agency for the project, as the public agency with the principal
responsibility for approving the proposed project. An environmental determination that the project is
exempt from further environmental review was prepared pursuant to CEQA Guidelines section 15332
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(Class 32 "Infill" Categorical Exemption). At the public hearing on May 3, 2023, the Planning Commission
adopted a resolution to approve the Class 32 "Infill" Categorical Exemption. The Planning Commission's
decision is final unless appealed to the City Council; and
WHEREAS, the Planning Commission did, on May 3, 2023, hold a duly noticed public
hearing as prescribed by law to consider said request relative to the Site Development Plan and Coastal
Development Permit land use applications; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the Site Development Plan and Coastal Development Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B} That based on the evidence presented at the public hearing, the Planning Commission
APPROVES SDP2022-0003/CDP2022-0023 -FPC RESIDENTIAL, based on the following
findings and subject to the following conditions:
Findings:
Site Development Plan, SDP2022-0003
1. That the proposed development or use is consistent with the General Plan and any applicable
master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the
Carlsbad Municipal Code, and all other applicable provisions of this code, in that the project is
consistent with the various elements and objectives of the General Plan as discussed in the
findings below and in the project staff report dated May 3, 2023 incorporated by reference.
There is no applicable master plan or specific plan for this property. The various goals and
objectives of the General Plan will be implemented as the proposed project is consistent with
the General Plan, which allows for residential uses within the R-15 Residential Land Use
designation. Although the project's density of 18.5 dwelling units per acre is above the
maximum R-15 density of 15 du/ac, the 86-unit residential project can be found consistent with
the General Plan Land Use Policies as discussed in the findings below and in the project staff
report dated May 3, 2023 through use of a Density Bonus as allowed under California Law and
the Carlsbad Municipal Code.
2. That the requested development or use is properly related to the site, surroundings and
environmental settings, will not be detrimental to existing development or uses or to
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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 proposed project within the Residential Density-Multiple (RD-M) Zone will not be
detrimental to existing uses or to uses specifically permitted in the area in which the use is
located in that multiple-family residential dwellings are a permitted use within the zone. The
proposed units are compatible with the surroundings in scale, massing, and design. The
proposed building heights are consistent with zoning requirements. The apartments will not
adversely impact the site, surroundings, or traffic circulation. Ponto Road, a local/neighborhood
street, has adequate capacity to accommodate the net 637 Average Daily Trips (ADTs)
generated by the overall project, and the project is adequately parked on-site in accordance
with State Density Bonus Law.
3. That the site for the intended development or use is adequate in size and shape to accommodate
the use, in that the subject site is adequate in size and shape to accommodate the proposed 86
triplexes, townhomes, and rowhomes, subject to density bonus provisions for concessions and
waivers or reductions of standards as discussed in the findings below and in the project staff
report dated May 3, 2023. The project is entitled to the requested number of units and the
density bonus incentives/concessions and waivers are necessary for the project to be developed
at the density and with the incentives/concessions permitted by Chapter 21.86 of the Carlsbad
Municipal Code.
4. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested development or use to existing or permitted future development or use in the
neighborhood will be provided and maintained, in that the project complies with all applicable
development standards for residential uses within the RD-M Zone, including lot coverage,
height, setbacks, and parking, etc., subject to density bonus provisions for concessions and
waivers or reductions of standards as discussed in the findings below and in the project staff
report dated May 3, 2023. The architecture of the buildings is compatible with the surrounding
residential and commercial development. Landscaping along the street frontage and throughout
the project will be provided consistent with the requirements of the city's Landscape Manual.
5. That the street systems serving the proposed development or use is adequate to properly handle
all traffic generated by the proposed use, in that the proposed project has been designed with
two street entries. One located off Ponto Road, and one located off a private road extension,
Beach Way. Ponto Road is identified as a local/neighborhood street and is designed to
adequately handle the net 637 Average Daily Trips (ADTs) generated by the overall project. The
project site is served by one NCTD bus route with stops within ¼ mile of the site, and bike lanes
are provided on Carlsbad Boulevard, Poinsettia Lane, and Avenida Encinas. In addition, the
applicant will be required to pay traffic impact fees in accordance with CMC 18.42 and subject
to SB330 prior to issuance of building permits that will go towards future road improvements.
Coastal Development Permit, CDP2022-0023
6. That the proposed development is in conformance with the Certified Local Coastal Program (LCP)
and all applicable policies in that the site is designated for residential development. The
development is consistent with the LCP Mello II R-15 land use designation as summarized below
and further detailed in the project staff report dated May 3, 2023. No agricultural activities,
sensitive resources, dual criteria slopes (greater than 25% and possessing endangered
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plant/animal species and/or coastal sage scrub and chaparral plant communities), geological
instability, flood hazard or coastal access opportunities exist onsite. The two-and three-story
residential buildings do 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.
7. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the property is not located adjacent to the coastal shore; therefore, it will
not interfere with the public's right to physical access or water-oriented recreational activities.
lnclusionary Housing and Density Bonus
8. The project is consistent with the provisions of CMC Chapter 21.86 and Government Code
Section 65915, commonly referred to as State Density Bonus Law, in that the proposed mixed-
use project includes the requisite 15% of the maximum base density as lower income, deed-
restricted housing units. Project has been granted additional units, incentives, and waivers in
accordance with density bonus provisions found in Government Code Section 65915 and
Carlsbad Municipal Code Chapter 21.86. Per density bonus definitions, the project had a
calculation of 70 Base Units. Developer requested a 27.5% increase, which allows up to an
additional 20 units for a total maximum project size of 90 units (Developer is requesting fewer
units at 86). Based on the requested density bonus, Developer must provide 15% of the Base
Units to lower income units as defined by California Health and Safety Code Section 50053.
Project is conditioned to provide 11 density bonus affordable units based on calculations in
Government Code Section 65915 and enforced by the California Department of Housing and
Community Development.
9. Project is also subject to Carlsbad Municipal Code Chapter 21.85, requiring 15% of the total
residential units be affordable for lower income households. Carlsbad Municipal Code {CMC)
Section 21.85.050 states the required number of lower-income inclusionary units shall be 15%
of the total residential units approved by the final decision-making authority, including density
bonus units. Therefore, the affordable units required by this code section is 13 units {86 x 0.15
= 12.9 rounded up to 13). Project is conditioned to provide 13 inclusionary units based on
Carlsbad Municipal Code Chapter 21.85.
10. Per Carlsbad Municipal Code {CMC) Section 21.86.130, those affordable dwelling units provided
to meet the inclusionary requirement established pursuant to CMC Chapter 21.85, shall be
counted toward satisfying the density bonus requirements of this chapter. Eleven {11) of the 13
units can count towards the density bonus affordable requirement, as long as they meet the
affordability requirement identified in Government Code Section 65915. Therefore, the
conditions identified in the above two findings are cumulative and will be satisfied through one
Affordable Housing Agreement to provide 13 total affordable units based on CMC Chapter
21.85, 11 of which will be at a lower income level to satisfy CMC Chapter 21.86.
General
11. 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 May
3, 2023 including, but not limited to the following:
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a. Land Use & Community Design, Goal 2-G.2 -The project will provide new multi-family
residential apartments in the form of 73 market rate units and 13 affordable units located
near jobs, schools, beaches, lagoons, and convenient neighborhood-serving commercial
services. The project provides all required parking onsite in accordance with density bonus
law and has convenient access to public transit via NCTD local bus Route 101, serving
Oceanside and Carlsbad, which also connects to the Coaster in Carlsbad and the Sprinter in
Oceanside providing further regional connectivity.
b. Land Use & Community Design, Goal 2-G.3 -The project is proposed on a redevelopment
site surrounded by existing developments on three sides and is not located within or
adjacent to any preserve areas as identified in the city's HMP. The project would provide
future residents with access to convenient neighborhood-serving commercial uses and will
also provide housing to support nearby employment centers.
c. Land Use & Community Design, Goal 2-G.4 -The multiple-family residential project with 86
apartments units (73 market rate and 13 affordable) in a variety of bedroom counts,
provides for much needed higher density housing located nearby to convenient
neighborhood-serving commercial uses and nearby employment centers.
d. Land Use & Community Design, Policy 2-P.89 -The Ponto Beachfront Village Vision Plan
identified the project site as being developed with either a two-to three-story Village Hotel
or a courtyard apartment complex. While the Ponto Beachfront Village Vision Plan was
never adopted by the California Coastal Commission; and therefore, is invalid and not
applicable, it is worth noting that the proposed project is being developed with two-to
three-story, multiple-family residential apartments, a land use that is consistent with the
land uses envisioned in the uncertified Ponto Beachfront Village Vision Plan.
e. Mobility, Goal 3-G.3 -The proposed project would construct a new 10-foot-wide parkway
with street trees where no sidewalk currently exists. The proposed parkway will extend the
connection from Carlsbad Boulevard.
f. Mobility, Policy 3-P.5 -The project is proposing to improve both Ponto Road and Ponto
Drive with new street sections along the property frontage. The new street sections will
provide improvements for vehicular, bicycle, and pedestrian travel modes. Additionally, the
project is conditioned to improve two (2) existing North County Transit District bus stops
along Carlsbad Boulevard.
g. Open Space, Conservation & Recreation, Goal 4-G.3 -There is no wildlife habitat, or rare,
threatened, or endangered plant or animal communities present on the project site, nor
adjacent to it.
h. Noise, Goals 5-G.1 and 5-G.2 -Helix Environmental Planning conducted a noise study
(October 5, 2022) and a train vibration analysis (September 20, 2022) for the proposed
project. The principal noise source associated with the proposed project is from existing
railroad usage along the eastern frontage. A new 7.5-foot-tall sound wall is proposed to
ensure exterior noise levels meet the 60 dBA CNEL exterior noise standard and higher pane
windows will be utilized to ensure that the 45 dBA CNEL indoor noise standard is achieved.
Additionally, the vibration levels at the project site from train pass-bys, consisting of 57.86
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VdB for northbound, and 62.54 VdB for southbound, are below the Federal Transit
Administration's (FTA) and City of Carlsbad's General Plan threshold of 72 VdB for frequent
vibrations events.
i. Public Safety, Goal 6-G.1-The proposed project is not located in any Very High Fire Severity
Zone, Flood Zones, or Earthquake Fault Zones. The proposed structural improvements
would be required to meet all seismic design standards at time of building permit in
accordance with the California Building Code. The Fire Department has reviewed and
approved the proposed conceptual building design with fire sprinklers included throughout
the building per the National Fire Protection Association (NFPA) standards. All buildings are
located outside of the high pressure gas line easement.
j. Public Safety, Goal 6-G.2-The proposed project is not located within a safety zone, airspace
protection area or noise contour of the McClellan Palomar Airport Land Use Compatibility
Plan.
k. Public Safety, Goal 6-G.4-The proposed project would provide fire hydrants and supporting
water infrastructure in accordance with Fire Department requirements; secondary
emergency access is provided on site at proposed Beach Way; fire sprinklers are required
and provided for all residential structures; and the dwelling units proposed by this project
are all within a 5-minute emergency response time.
I. Public Safety, Policy 6-P.6 -The project has been conditioned to develop and implement a
program of "best management practices" for the elimination and reduction of pollutants
which enter and/or are transported within storm drainage facilities.
m. Public Safety, Policy 6-P.34 -The project is required to comply with all Building and Fire
codes to ensure that fire protection standards are met by the proposed structures.
n. Public Safety, Policy 6-P.39 -The project is required to construct or pay applicable fees for
necessary improvements, public utilities, and facilities in accordance with Growth
Management requirements; Fire Station No. 4 is located 1.4 miles away from the project
site and is within emergency response timeframes; and the project will not effect the city's
ability to implement its Emergency Operations Plan.
o. Sustainability, Policy 9-P.1 -The project implements and is consistent with measures
identified in the Climate Action Plan (CAP) through the provision of renewable energy
generation (photovoltaic systems), energy conservation (Green Building Code), and by
accommodating Zero-Emission vehicles and other greenhouse gas reduction measures and
features. At building permit, the project will also be reviewed for compliance with the CAP
ordinances.
p. Housing, Goal 10-G.3 -Per CMC Chapter 21.85, a project is required to provide 15% of the
total residential units as affordable for lower income households. The project is providing
affordable housing onsite and is conditioned to enter into an Affordable Housing
Agreement with the city to provide and deed restrict 13 dwelling units as affordable to
lower-income households for 55 years, earning up to 60% of the area median income (AMI)
(11 units), and 70% AMI (2 units).
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q. Housing, Policy 10-G.2 -The proposed project will increase the diversity of housing in
Carlsbad by adding 86 multiple-family apartment units to the city's housing inventory. In
addition, the project will increase housing diversity by providing housing offered at a price
affordable to low income households. The project is conditioned to enter into an Affordable
Housing Agreement with the city to provide and deed restrict 13 dwelling units (15%} as
affordable to lower-income households for 55 years, earning up to 60% of the area median
income (AMI} (11 units), and 70% AMI (2 units).
r. Housing, Policy 10-P.15 -The project is conditioned to enter into an Affordable Housing
Agreement with the city to provide and deed restrict 13 dwelling units (15%} as affordable
to lower-income households for 55 years, earning up to 60% of the area median income
(AMI} (11 units), and 70% AMI (2 units). Additionally, of those 13 affordable units, twelve
(12} units consist of 3-bedrooms or more (92%} whereas only 10% are required to be 3-
bedroom units.
s. Housing, Policy 10-P.19 -The city currently has a jobs/housing ratio where there are more
jobs than housing. The project replaces a previously built 36,500-square-foot self-storage
facility with 86 residential apartment units (73 market rate and 13 affordable). The project
expands the city's affordable housing stock to assist in meeting its Regional Housing Needs
Assessment and provides an adequate number of housing units to meet the needs of low
income households.
12. The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat
Management Plan, which is a comprehensive conservation plan and implementation program
that will facilitate the preservation of biological diversity and provide for effective protection and
conservation of wildlife and plant species while continuing to allow compatible development in
accordance with Carlsbad's Growth Management Plan. Preservation of wildlife habitats and
sensitive species is required by the Open Space and Conservation Element of the City's General
Plan which provides for the realization of the social, economic, aesthetic and environmental
benefits from the preservation of open space within an increasingly urban environment.
Moreover, each new development will contribute to the need for additional regional
infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee
imposed on all new development within the City is essential to fund implementation of the City's
Habitat Management Plan. Pursuant to the HMP, the project has been conditioned to pay
habitat in-lieu fees in compliance with adopted regulatory practices for the removal of 2.02
acres of disturbed lands (Habitat Group F}.
13. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 22 and all city public facility policies and ordinances. The project
includes elements or has been conditioned to construct or provide funding to ensure that all
facilities and improvements regarding sewer collection and treatment; water; drainage;
circulation; fire; schools; parks and other recreational facilities; libraries; government
administrative facilities; and open space, related to the project will be installed to serve new
development prior to or concurrent with need. Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified School District
that the project has satisfied its obligation for school facilities.
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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 22 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
14. The project has been conditioned to pay any increase in public facility fee, or new construction
tax, or development fees, and has agreed to abide by any additional requirements established by
a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal
Code. This will ensure continued availability of public facilities and will mitigate any cumulative
impacts created by the project.
15. This project has been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 22.
16. That all necessary public facilities required by the Growth Management Ordinance will be
constructed or are guaranteed to be constructed concurrently with the need for them created by
this project and in compliance with adopted city standards.
17. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-
Palomar Airport (ALUCP), dated December 1, 2011, in that the project is not located within any
noise contours, safety zone, or overflight notification areas. However, the project site is located
within the Airport Influence Area (AIA} Review Area 2 and the Airport Airspace Protection Area.
All properties located within the AIA Review Area 2 area may be subject to some of the
annoyances or inconveniences associated with their proximity to airport operations. Airport
elevation is 331 feet above mean sea level (AMSL}. The elevation at the project site is 50 feet
AMSL. The Airport Airspace Protection Area enforces the requirements set for FAA notification
by Part 77. The project does not meet any requirements for FAA notification; and therefore, no
further action is needed.
18. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
19. The City Planner has determined that the project belongs to a class of projects that the State
Secretary for Resources has found do not have a significant impact on the environment, and it is
therefore categorically exempt from the requirement for preparation of environmental
documents pursuant to Section 15332 -In-fill Development Projects of the State CEQA
Guidelines as an infill development project. In making this determination, the City Planner has
found that the exceptions listed in Section 15300.2 of the State CEQA Guidelines do not apply to
this project.
20. 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.
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21. That concurrently with this resolution, the Planning Commission is taking a number of actions
in furtherance of the proposed project, as generally described by the May 3, 2023 Planning
Commission Staff Report. No single component of the series of actions made in connection with
the proposed project shall be effective unless and until it is approved by resolution and is
procedurally effective in the manner provided by state law. Therefore, this resolution shall
become effective and operative only if the companion resolution is approved; and effective and
operative on the day immediately subsequent to the date that resolution becomes effective.
Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a
grading or building permit, or approval of the Final Map, whichever occurs first.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the city shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or further
condition all certificates of occupancy issued under the authority of approvals herein granted;
record a notice of violation on the property title; institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. No vested rights are gained
by Developer or a successor in interest by the city's approval of this Site Development Plan and
Coastal Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Site Development Plan and Coastal Development Permit documents, as
necessary to make them internally consistent and in conformity with the final action on the
project. Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
3. Developer shall comply . with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly,
from (a) city's approval and issuance of this Site Development Plan and Coastal Development
Permit, (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
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waves or emissions. This obligation survives until all legal proceedings have been concluded and
continues even if the city's approval is not validated.0
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 (Project Site Plan
or other), conceptual grading plan and preliminary utility plan reflecting the conditions approved
by the final decision-making body. The copy shall be subm itted 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 22 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
9. This approval shall become null and void if building permits are not issued for this project within
24 months from the date of project approval.
10. Building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides written certification to the city that adequate water service
and sewer facilities, respectively, are available to the project at the time of the application for the
building permit, and that water and sewer capacity and facilities will continue to be available until
the time of occupancy. A note to this effect shall be placed on the Final Map.
11. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD
#1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section
5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone
22, 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. This approval shall be null and void if the project site subject to this approval is not annexed to
City of Carlsbad CFD No. 1 within 60 days of the approval. The City shall not issue any grading,
building, or other permit, until the annexation is completed. The City Manager is authorized to
extend the 60 days, for a period not to exceed 60 days, upon a showing of good cause.
13. Prior to issuance of grading permit(s), 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.
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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 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 Site Development Plan and Coastal Development Permit
by Resolution No.7482 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. This project has been found to result in impacts to wildlife habitat or other lands, such as
disturbed lands (Group F Habitat), which provide some benefits to wildlife, as documented in the
city's Habitat Management Plan and the environmental analysis for this project. Developer is
aware that the city has adopted an In-lieu Mitigation Fee consistent with Section E.6 of the Habitat
Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to
certain categories of vegetation and animal species. The Developer is further aware that the city
has determined that all projects will be required to pay the fee in order to be found consistent
with the Habitat Management Plan and the Open Space and Conservation Element of the General
Plan. Developer or Developer's successor(s) in interest shall pay the Habitat In-Lieu mitigation
fee, consistent with the City's Habitat Management Plan (HMP) for the removal of 2.02 acres of
disturbed lands (Group F Habitat) prior to recordation of a final map, or issuance of a grading
permit or building permit, whichever occurs first. If the In-lieu Mitigation Fee for this project is
not paid, this project will not be consistent with the Habitat Management Plan and the General
Plan and any and all approvals for this project shall become null and void.
17. Prior to the approval of the final map for any phase of this project, or where a map is not being
processed, prior to the issuance of building permits for any lots or units, the Developer shall enter
into an Affordable Housing Agreement with the city to provide and deed restrict 13 dwelling units
as affordable to lower-income households for 55 years, earning up to 60% of the area median
income (AMI) (11 units), and 70%AMI (2 units), in accordance with the requirements and process
set forth in Chapters 21.85 and 21.86 of the Carlsbad Municipal Code. The draft Affordable
Housing Agreement shall be submitted to the City Planner no later than 60 days prior to the
request to final the map and shall be recorded prior to issuance of the first building permit. The
recorded Affordable Housing Agreement shall be binding on all future owners and successors in
interest.
18. Developer shall construct the project's required affordable units concurrent with the project's
market rate units in accordance with the unit type distribution identified below and in
accordance with CMC Section 21.85.lO0(C).
Unit
Type
Bedroom/
Bathrooms
Market Rate
Quantity
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Affordable
Quantity
Affordability
Level
) )
Rowhomes (Buildings No. 1-6}
Plan Rl -3/3 -15 3 60%
Plan R2 4/3.5 9 2 60%
Plan R3 4/3.5 1 0 0
Townhomes (Buildings No. 7-15}
Plan Fl 3/3.5 12 2 60%
Plan F2 4/3.5 15 3 60%
Triplexes (Buildings No. 16-23}
Plan Tl 2/2 7 1 60%
Plan T2 3/2.5 7 1 70%
Plan T3 4/3 7 1 70%
Total: 73 13 11 units at 60%
2 units at 70%
19. Prior to issuance of grading and building permits, Developer shall list the following condition on
all grading and building permit construction plans. Construction activities shall take place during
the permitted time and day per Carlsbad Municipal Code Chapter 8.48. Developer shall ensure
that construction activities for the proposed project are limited to the hours from 7:00 a.m. to
6:00 p.m. Monday through Friday, and 8:00 a.m. to 6:00 p.m. on Saturdays; no work shall be
conducted on Sundays or on federal holidays.
20. 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 City Planner and
Building Official.
21. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so
required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of
an Outdoor Storage Plan, and thereafter comply with the approved plan.
22. 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.
23. Developer shall submit a street name list consistent with the city's street name policy subject to
the City Planner'sapproval.
24. Prior to issuance of a building permit for any building that has windows and doors of habitable
rooms with both a direct line-of-sight and within 425 feet of the railroad tracks, the developer
shall show on the building plans, with a qualified acoustician certifying that, all the construction
requirements necessary to meet the required 45 dB(a) CNEL interior noise level as required in
the project's noise study prepared by Helix Environmental Inc., dated October 5, 2022.
25. Prior to issuance of a grading permit, Developer shall show on the project grading and final
landscape plans a noise control barrier a minimum of 7.5 feet above finished pad for the
residences adjacent the rail with a clear view of the rail in a location consistent with the
project's noise study prepared by Helix Environmental Inc., dated October 5, 2022.
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26. Prior to issuance of a grading permit or the commencement of any ground-disturbing activities,
whichever occurs first, Developer shall provide written confirmation to the City Planner that a
qualified paleontologist has been retained to draft and implement a paleontological monitoring
program in accordance with the provisions of the City of Carlsbad Tribal, Cultural, and
Paleontological Resources Guidelines (September 2017) and as further detailed in the
Paleontological Resources Inventory {FPC Residential, Dudek, October 2022) as project design
feature {PDF-GE0-1).
27. Prior to issuance of a grading permit or the commencement of any ground-disturbing activities,
whichever occurs first, Developer shall:
a. Retain the services of a qualified archaeologist who shall be on-site to monitor ground
disturbing activities. In the event cultural resource material is encountered, the
archaeologist is empowered to temporarily divert or halt grading to allow for coordination
with the Luiseno Native American monitor and to determine the significance of the
discovery. The archaeologist shall follow all standard procedures for cultural resource
materials that are not Tribal Cultural Resources, in accordance with applicable laws and
regulations including but not limited to the Carlsbad Tribal, Cultural and Paleontological
Resources Guidelines {2017).
b. Enter into a Pre-Excavation Agreement, otherwise known as a Tribal Cultural Resources
Treatment and Tribal Monitoring Agreement, with the San Luis Rey Band of Mission Indians
or other Luiseno Native American tribe that meets all standard requirements of the tribe
for such Agreements, in accordance with applicable laws and regulations including but not
limited to the Carlsbad Tribal, Cultural and Paleontological Resources Guidelines {2017).
This agreement will address provision of a Luiseno Native American monitor and contain
provisions to address the proper treatment of any Tribal Cultural Resources and/or Native
American human remains inadvertently discovered during the course of the project. The
agreement will outline the roles and powers of the Luiseno Native American monitor and
the archaeologist.
28. Developer shall avoid affecting nesting bird species (raptors, listed bird species, and migratory
birds) during construction activities, including clearing and grubbing, during the bird breeding
season {February 15 to August 31). If the breeding season cannot be avoided, the following
actions shall be taken:
a. No more than three (3) days prior to any vegetation clearing or construction activities, a
qualified biologist shall conduct a pre-construction survey throughout the site to identify
nests or nesting behavior. Monitoring shall continue throughout the breeding season. If an
active nest is observed, a protective buffer shall be fenced off, and no work shall be allowed
within the buffer until the nest is no longer active (e.g., all nestlings have successfully
fledged). A buffer width of at least 500 feet shall be required for raptors or listed species
such as coastal California gnatcatcher or least Bell's vireo. Buffer width for other species
shall be determined by a qualified biologist, in coordination with the city and Wildlife
Agencies based on species biology and site conditions.
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b. The USFWS shall be notified immediately of any federally listed species that are located
during pre-construction surveys.
c. A qualified biologist shall monitor construction activities during the breeding season. No
activities that would result in noise levels exceeding 60 dBA hourly Leq within 500 feet of
breeding habitat occupied by listed species. Ambient noise shall be excluded from the 60
dBA calculation. If excess noise-producing construction activities are not completed prior to
the breeding season, and birds are nesting during the breeding season, noise barriers shall
be erected to reduce noise impacts at the distance of the nests to below 60 dBA hourly Leq
or the activities shall be suspended. The nest shall be monitored by the monitoring biologist,
and the noise restrictions shall continue until the noise producing machinery work is
completed.
A note to this effect shall be placed on all construction, grading, and improvement plans.
29. Prior to issuance of grading and building permits, developer shall list the following on all
construction, grading and improvement plans. Developer shall adhere to the following
measures for all construction phases of the project:
a. The project contractor shall, to the extent feasible, schedule construction activities to avoid
the simultaneous operation of construction equipment so as to minimize noise levels
resulting from operating several pieces of high noise level emitting equipment.
b. All construction equipment, fixed or mobile, shall be equipped with properly operating and
maintained mufflers. Enforcement shall be accomplished by random field inspections by
applicant personnel during construction activities, to the satisfaction of the City of Carlsbad.
c. Construction noise reduction methods such as shutting off idling equipment, construction
of a temporary noise barrier, locating stockpiling and/or construction equipment staging
areas as far as practicable from adjacent residences or other noise-sensitive receptors, and
use of electric air compressors and similar power tools, rather than diesel equipment, shall
be used where feasible.
d. During construction, stationary construction equipment shall be placed such that emitted
noise is directed away from or shielded from sensitive receptors.
e. Construction hours, allowable workdays, and the phone number of the job
superintendent shall be clearly posted at all construction entrances to allow surrounding
property owners to contact the job superintendent if necessary. In the event the City of
Carlsbad receives a complaint, appropriate corrective actions shall be implemented,
and a report of the action provided to the reporting party.
f. To comply with SDAPCD Rule 55, Fugitive Dust Control, the active grading sites shall be
watered at least two times daily.
g. Prior to the start of construction activities and issuance of grading permits, the project
applicant, or its designee, shall ensure that all 84 horsepower or greater diesel-powered
equipment are powered with California Air Resources Board (CARB)-certified Tier 4 Interim
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engines or better, except where the project applicant establishes to the satisfaction of the
City of Carlsbad (City) that Tier 4 Interim equipment is not available. An exemption from
this requirement may be granted by the City if (1) the City documents equipment with Tier
4 interim engines are not reasonably available, and (2) the required corresponding
reductions in criteria air pollutant emissions can be achieved for the project from other
combinations of construction equipment. Before an exemption may be granted, the
construction contractor shall: confirm that the proposed replacement equipment has been
evaluated using California Emissions Estimator Model (CalEEMod) or other industry
standard emission estimation method and documentation provided to the City to confirm
that necessary project-generated emissions reductions are achieved.
Engineering:
General
30. 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.
31. 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.
32. Developer shall prepare, submit, and process for City Engineer approval an administrative parcel
map to consolidate parcels (APN 214-160-25, 214-160-28, 214-171-11). There shall be one Parcel
Map recorded for this project. Developer shall pay the city standard map review plan check fees.
33. 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.
34. Developer shall submit to the City Engineer written approval from North County Transit District
{NCTD) for the offsite grading, storm drain, and private sewer force main within the railroad
right-of-way.
35. Developer shall submit to the City Engineer written approval from Southern California Gas
Company for the grading and improvements within their easement.
36. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover, etc.)
and irrigation along the parkway frontage with Ponto Drive and Ponto Road as shown on the
Tentative Map/Site Plan.
Fees/ Agreements
37. Developer sha II cause property owner to execute and submit to the City Engineer for recordation,
the city's standard form Geologic Failure Hold Harmless Agreement.
38. Developer shall cause property owner to execute and submit to the City Engineer for recordation
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the city's standard form Drainage Hold Harmless Agreement.
39. 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.
40. Developer shall cause property owner to apply for, execute, and submit, to the City Engineer for
recordation, an Encroachment Agreement covering private tree wells located over proposed
public right-of-way or easements as shown on the site plan. Developer shall pay processing fees
per the city's latest fee schedule.
Grading
41. Based upon a review of the proposed grading and the grading quantities shown on the site plan,
a grading permit for this project is required. Developer shall prepare and submit plans and
technical studies/reports as required by City Engineer, post security and pay all applicable grading
plan review and permit fees per the city's latest fee schedule.
42. This project requires off site grading. No grading for private improvements shall occur outside the
project unless developer obtains, records, and submits a recorded copy, to the City Engineer, a
temporary grading, construction or slope easement or agreement from the owners of the affected
properties. If developer is unable to obtain the temporary grading or slope easement, or
agreement, no grading permit will be issued. In that case developer must either apply for and
obtain an amendment of this approval or modify the plans so grading will not occur outside the
project and apply for and obtain a finding of substantial conformance and/or consistency
determination from both the City Engineer and City Planner.
43. This project requires off site private improvements. No private improvements shall be
constructed outside the project unless developer obtains, records, and submits a recorded copy,
to the City Engineer, an easement for private improvements or agreement/license from the
owners of the affected properties. If developer is unable to obtain the easement or
agreement/license, no grading permit will be issued. In that case developer must either apply
for and obtain an amendment of this approval or modify the plans so private improvements
will not be constructed outside the project and apply for and obtain a finding of substantial
conformance and/or consistency determination from both the City Engineer and City Planner.
Storm Water Quality
44. 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.
45. Developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3
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)
SWPPP}. The TIER 3 SWPPP shall comply with current requirements and provisions established by
the San Diego Regional Water Quality Control Board and City of Carlsbad Rec:iuirements. The TIER
3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during
construction of the project to the maximum extent practicable. Developer shall pay all applicable
SW PPP plan review and inspection fees per the city's latest fee schedule.
46. This project is subject to 'Priority Development Project' requirements and Trash Capture
requirements. Developer shall prepare and process a Storm Water Quality Management Plan
(SWQMP}, subject to City Engineer approval, to comply with the Carlsbad BMP Design Manual
latest version. The final SWQMP required by this condition shall be reviewed and approved by the
City Engineer with final grading plans. Developer shall pay all applicable SWQMP plan review and
inspection fees per the city's latest fee schedule.
47. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control
BMP and applicable hydromodification measures.
Dedications/Improvements
48. Developer shall cause owner to dedicate to the city and/or other appropriate entities an
easement for public street and public utility purposes as shown on the site plan. The offer shall
be made by a certificate on the final map. All land so offered shall be free and clear of all liens and
encumbrances and without cost to the city. Streets that are already public are not required to be
rededicated. Additional easements may be required at final design to the satisfaction of the City
Engineer.
49. Developer shall cause owner to dedicate to the city and/or other appropriate entities an
easement for water purposes as shown on the site plan. The offer shall be made by a certificate
on the final map. All land so offered shall be free and clear of all liens and encumbrances and
without cost to the city. Additional easements may be required at final design to the satisfaction
of the City Engineer.
50. Developer shall design the private streets, as shown on the site plan to the satisfaction of the City
Engineer. The structural section of all private streets shall conform to City of Carlsbad Standards
based on R-value tests. All private streets shall be inspected by the city. Developer shall pay the
standard improvement plan check and inspection fees for private streets.
51. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction
of the City Engineer. All private drainage systems (12-inch 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.
52. Prior to the issuance of a building permit, the developer shall submit detailed design drawings
and studies for the construction of a private potable water and sewer system and private sewer
lift station required to serve the project. Said drawings and studies shall be prepared and
submitted to the satisfaction of the building official.
53 . Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a
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right-of-way permit to the satisfaction of the City Engineer.
54. Developer shall prepare and process public improvement plans and, prior to City Engineer
approval of said plans, shall execute a city standard Development Improvement Agreement to
install and shall post security in · accordance with C.M.C. Section 20.16.070 for public
improvements shown on the site plan . Said improvements shall be installed to city standards to
the satisfaction of the City Engineer. These improvements include, but are not limited to:
A. A.C. pavement, street lights, storm drain, tree wells, A.C. berm, curb, gutter and
sidewalk for Ponto Road and Ponto Drive as shown on the site plan.
B. Public water system as shown on the site plan.
C. Install an ADA accessible pad, bench and trash can to the existing bus stop on
northbound Carlsbad Blvd north of Ponto Road. These improvements shall be
coordinated with NCTD and completed to the satisfaction of the Engineering Manager.
D. Install an ADA accessible pad, bench and trash can for a bus stop on southbound
Carlsbad Blvd. Construct an ADA-compliant path of travel along the west side of
Carlsbad Blvd from the bus stop to the intersection of Ponto Road and Carlsbad Blvd.
The improvements shall be coordinated with NCTD and completed to the satisfaction
of the Engineering Manager.
E. All bus stop furniture (i .e., bench, trash can, etc.) shall consist of the black or brown
color type to the satisfaction of the Engineering Manager and City Planner.
Additional public improvements required in other conditions of this resolution are hereby
included in the above list by reference. 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 development improvement agreement or such
other time as provided in said agreement.
55 . 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.
56. Developer is responsible to ensure all existing overhead utilities servicing the subject property
are to be undergrounded as shown on the site plan and to the satisfaction of the City Engineer.
No new or relocated utility poles that serve the project are allowed along the project frontage.
57 . Developer is responsible to ensure utility transformers or raised water backflow preventers that
serve this development are located outside the right-of-way as shown on the Site Plan and to the
satisfaction of the City Engineer. These facilities shall be constructed within the property.
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Non-Mapping Notes
58. Add the following notes to the final map as non-mapping data:
A.· Developer has executed a city standard Development Improvement Agreement and has
posted security in accordance with C.M.C. Section 20.16.070 to install public
improvements shown on the Site Plan. These improvements include, but are not limited
to:
1) A.C. pavement, street lights, storm drain, tree wells, A.C. berm, curb, gutter and
sidewalk for Ponto Road and Ponto Drive as shown on the site plan.
2) Public water system as shown on the site plan.
3) Install an ADA accessible pad, bench and trash can to the existing bus stop on
northbound Carlsbad Boulevard north of Ponto Road. These improvements shall be
coordinated with NCTD and completed to the satisfaction of the Engineering
Manager.
4) Install an ADA accessible pad, bench and trash can for a bus stop on southbound
Carlsbad Boulevard. Construct an ADA-compliant path of travel along the west side
of Carlsbad Boulevard from the bus stop to the intersection of Ponto Road and
Carlsbad Boulevard. The improvements shall be coordinated with NCTD and
completed to the satisfaction of the Engineering Manager.
S) All bus stop furniture (i.e., bench, trash can, etc.) shall consist of the black or brown
color type to the satisfaction of the Engineering Manager and City Planner.
B. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
C. Geotechnical Caution:
1) 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 development 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
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Utilities
) )
design, construction or maintenance of the drainage system or other improvements
identified in the city approved development plans.
59. Developer shall meet with the Fire Chief to determine if fire protection measures (fire flows, fire
hydrant locations, building sprinklers) are required to serve the project.
60. 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 Engineer or City Engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
61. The developer shall agree to design landscape and irrigation plans utilizing recycled water as a
source and prepare and submit a colored recycled water use map to the Planning Department for
processing and approval by the district engineer.
62. 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.
63. 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.
64. The developer shall design and agree to construct public water, sewer, and recycled water
facilities substantially as shown on the site plan to the satisfaction of the district engineer and City
Engineer.
65. The potable water service for this project shall be master-metered which shall be located within
a water easement subject to approval by the district engineer. Developer shall install private sub-
meters as necessary for all proposed units. Final meter design, backflow preventer, size, and
manufacturer shall be provided to the satisfaction of the district engineer and shown on public
improvement plans.
66. The developer shall submit a detailed sewer study, prepared by a registered engineer, that
identifies the peak flows of the project, required pipe sizes, depth of flow in pipe, velocity in the
main lines, and the capacity of the existing infrastructure. Said study shall be submitted
concurrently with the improvement plans for the project and the study shall be prepared to the
satisfaction of the district engineer.
67. The developer shall submit a detailed potable water study, prepared by a registered engineer that
identifies the peak demands of the project (including fire flow demands). The study shall identify
velocity in the main lines, pressure zones, and the required pipe sizes. Said study shall be
submitted concurrently with the improvement plans for the project and the study shall be
prepared to the satisfaction of the district engineer.
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Code Reminders
68 . 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 preempted by SB 330 or specifically provided herein.
69. 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.
70. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
71. 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.
72. 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.
73. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT} and floor
area contained in the staff report and shown on the site plan are for planning purposes only.
74. Subdivider shall comply with Section 20.16.040(d) of the Carlsbad Municipal Code regarding the
undergrounding of existing overhead utilities.
75. Developer acknowledges that the project is required to comply with the city's greenhouse gas
(GHG} reduction ordinances and requirements. GHG reduction requirements are in accordance
with, but are not limited to, Carlsbad Municipal Code Chapters 18.21, 18.30, and 18.51 in addition
to the California Green Building Standards Code {CCR, Title 24, Part 11-CALGreen}, as amended
from time to time. GHG reduction requirements may be different than what is proposed on the
project plans or in the Climate Action Plan Checklist originally submitted with this project.
Developer acknowledges that new GHG reduction requirements related to energy efficiency,
photovoltaic, electric vehicle charging, water heating and traffic demand management
requirements as set forth in the ordinances and codes may impact, but are not limited to, site
design and local building code requirements. If incorporating GHG reduction requirements results
in substantial modifications to the project, then prior to issuance of development (grading,
building, etc.) permits, Developer may be required to submit and receive approval of a
Consistency Determination or Amendment for this project through the Planning Division.
Compliance with the applicable GHG reduction requirements must be demonstrated on or with
the construction plans prior to issuance of the applicable development permits
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NOTICE 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.
) )
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on May 3, 2023, by the following vote, to wit:
AVES: Hubinger, Kamenjarin, Lafferty, Meenes, Sabellico and Stine
NAVES:
ABSENT:
ABSTAIN: Merz
KEVIN SABELLICO, Vice Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
&vt~
ERIC LARDY
City Planner
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