HomeMy WebLinkAbout2023-06-07; Planning Commission; Resolution 7485PLANNING COMMISSION RESOLUTION NO. 7485
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING COASTAL DEVELOPMENT PERMIT,
CDP2022-0008, AND HABITAT MANAGEMENT PLAN PERMIT, HMP2022-
0006, TO ALLOW FOR THE CONSTRUCTION OF A NEW 6,108 SQUARE
FOOT, TWO-STORY SINGLE-FAMILY RESIDENCE GENERALLY LOCATED ON
A VACANT LOT BETWEEN 2391 AND 2411 BUENA VISTA CIRCLE WITHIN
THE MELLO II SEGMENT OF THE CITY'S LOCAL COASTAL PROGRAM AND
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME:
CASE NO:
MARTIN RESIDENCE
CDP2022-0008/HMP2022-0006 (DEV2021-0153)
WHEREAS, John and Pamela Martin, "Developer/Owner," has filed a verified application with the
City of Carlsbad regarding property described as:
Lot 5 of Buena Vista Gardens, in the City of Carlsbad, County of San Diego,
State of California, according to Map thereof No. 2492, filed in the Office
of the County Recorder of San Diego County, Aug. 4, 1948.
("the Property"); and
WHEREAS, said verified application constitutes a request for a Coastal Development Permit and
Minor Variance as shown on Exhibit(s) "A" -"BB" dated June 7, 2023, attached hereto and on file in the
Carlsbad Planning Division, CDP2022-0008/HMP2022-0006-MARTIN RESIDENCE, as provided in Chapters
21.201 and 21.210 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Division studied the Coastal Development Permit and Habitat
Management Plan Permit applications and performed the necessary investigations to determine if the
project qualified for an exemption from further environmental review under the California Environmental
Quality Act, (CEQA, Public Resources Code section 21000 et. seq.), and its implementing regulations (the
State CEQA Guidelines), Article 14 of the California Code of Regulations section 15000 et. seq. After
consideration of all evidence presented, and studies and investigations made by the city planner and on
its behalf, the city planner determined that the project was exempt from further environmental review
pursuant to State CEQA Guidelines sections 15332 -In-Fill Development Projects, in that project is
consistent with the General Plan, Zoning Ordinance and Habitat Management Plan; the project site is
within the City limits, is less than 5 acres in size, and is substantially surrounded by urban uses; there is no
evidence that the site has value as habitat for endangered, rare, or threatened species; approval of the
project will not result in significant effects relating to traffic, noise, air quality, or water quality; and the
site can be adequately served by all required utilities and public services. The project will not have a
significant effect on the environment and all the requirements of CEQA have been met; and
WHEREAS, on March 27, 2023, the city distributed a notice of intended decision to adopt the "In-
Fill Development Projects" exemptions. The notice was circulated for a 10-day period, which began on
March 27, 2023, and ended on April 6, 2023. The city did not receive any comment letters on the CEQA
findings and determination. The effective date and order of the city planner CEQA determination was April
6,2023;and
WHEREAS, the Planning Commission did, on June 7, 2023, hold a duly noticed public hearing as
prescribed by law to consider said request;
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 Coastal
Development Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad,
as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission APPROVES
CDP2022-0008/HMP2022-0006 -MARTIN RESIDENCE, based on the following findings
and subject to the following conditions:
Findings:
Coastal Development Permit, CDP2022-0008
1. That the proposed development is in conformance with the Certified Local Coastal Program
(Mello II Segment) and all applicable policies in that the site is previously graded and designated
for residential development, and the project proposes the to construct a new two-story single-
family residence and an attached garage on a parcel of land designated for residential
development. The project provides erosion control measures that protect down slope coastal
resources. No agricultural activities, geological instability, flood hazard, or coastal access
opportunities exist onsite, and the development does not obstruct views of the coastline as seen
from public lands or public right-of-way or otherwise damage the visual beauty of the coastal
zone. A small amount (0 .02-acres) of freshwater marsh exists onsite adjacent to the lagoon but
this habitat will not be impacted.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that an irrevocable offer of dedication for a 25-foot-wide lateral public access way
is included on the project exhibits upland of the environmentally sensitive areas and has also been
made a condition of approval in order to provide the public with the right of .lateral access along
the Buena Vista Lagoon edge.
3. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(Chapter 21.203 of the Zoning Ordinance) 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. No development is proposed on natural steep slopes (~25 percent gradient) and the site
is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or
liquefaction.
4. The project is consistent with the provisions of the Coastal Shoreline Development Overlay Zone
(Chapter 21.204 of the Zoning Ordinance) in that no portion of the proposed single-family
residences have been sited any further seaward then those allowed by a line drawn between the
adjacent structures to the east and west; and an irrevocable offer of dedication for a 25-foot-wide
lateral public access way is labeled on the project exhibit upland of the environmentally sensitive
areas and has also been made a condition of approval in order to provide the public with the right
of lateral access along the Buena Vista Lagoon edge.
Habitat Management Permit, HMP2018-0003
5. That the subject lot is shown in Figure 28 of the approved HMP as a "Development Area," and
located adjacent to an "Existing Hardline Conservation Area," namely the Buena Vista Lagoon
Ecological Reserve.
6. That the project design as approved by the City of Carlsbad has avoided and minimized impacts
to sensitive habitat and species to the maximum extent practicable. Specifically, the single-family
residence is proposed on the least environmentally sensitive portion of the site and no sensitive
habitats or species will be impacted from the project.
7. That the project is in conformance with the coastal zone standards of the HMP, as described in
Municipal Code 21.210.040 D.9, by protecting 0.02 acre of sensitive wetland habitat onsite (HMP
Group-A, Freshwater Marsh), adjacent sensitive wetland habitat offsite, and a 100-foot wetland
buffer onsite. To prevent negative effects to the onsite and offsite wetland habitat, conditions of
approval and project design features for the wetland buffer include removing non-native species,
planting with native species, and installing protective fencing.
8. That the project is in conformance with the HMP Adjacency Standards, which will protect the
adjacent Buena Vista Lagoon Ecological Reserve from indirect effects through fencing, fire
management, erosion control, landscaping restrictions and exotic species control.
9. That all take of species will be incidental to otherwise lawful activities related to construction and
operation of the Martin Residence project. No take of species of concern is proposed or
anticipated.
10. That adequate funding has been provided to address changed circumstances and adaptive
management needs that may be reasonably anticipated in the future, consistent with the HMP
Implementing Agreement.
11. 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 Habitat 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
mitigation fees for impacts to 0.6 acres of HMP Group-F Habitat (0.23 acres of Eucalyptus and
0.37 acres of Disturbed lands).
General
12. The Planning Commission finds that the project, as conditioned herein, is in conformance with the
Elements of the city's General Plan, in that the General Plan Land Use designation for the property
is R-4 Residential, and under Land Use Element Policy 2-P.7 one single-family dwelling is permitted
to be constructed on a legal lot that existed as of Oct. 28, 2004. Since the subject lot was legally
created prior to Oct. 28, 2004 (Lot 5 of Map No. 2492, recorded Aug. 4, 1948), the project is
consistent with the R-4 General Plan Land Use designation.
13. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 1 and all city public policies and ordinances. The project includes
elements or has been conditioned to construct or provide funding to ensure that all facilities and
improvements regarding: sewer collection and treatment; water; drainage; circulation; fire;
schools; parks and other recreational facilities; libraries; government administrative facilities; and
open space, related to the project will be installed to serve new development prior to or
concurrent with need. Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified School District
that the project has satisfied its obligation for school facilities.
b. The Public Facility Fee is required to be paid by Council Policy No. 17 and will be collected
prior to the issuance of building permit.
14. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
15. 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
16. 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 issuance of a grading
permit or building permit, whichever occurs first.
1. Approval is granted for CDP2022-0008/HMP2022-0006 -MARTIN RESIDENCE as shown on
Exhibits "A" -"BB", dated June 7, 2023, on file in the Planning Division and incorporated herein
by reference. Development shall occur substantially as shown unless otherwise noted in these
conditions.
2. 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 fu rther
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 Coastal Development Permit
and Habitat Management Plan Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Coastal Development Permit and Habitat Management Plan 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.
4. Developer shall comply with all applicable prov1s1ons of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
5. 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.
6. 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 Coastal Development Permit and Habitat
Management Plan 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 waves or emissions. This obligation survives unt.il all legal
proceedings have been concluded and continues even if the city's approval is not validated.
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 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 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 shall become null and void if building permits are not issued for this project within
24 months from the date of project approval.
11. Prior to issuance of the Building Permit, 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 Coastal Development
Permit and Habitat Management Plan Permit by Resolution No. 7485 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.
12. This project has been found to result in impacts to wildlife habitat or other lands, such as
Eucalyptus and Disturbed lands (HMP 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 a Habitat 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 mitigation fee, consistent with the City's Habitat Management Plan (HMP} for impacts to
0.6 acres of HMP Group-F Habitat (0.23 acres of Eucalyptus and 0.37 acres of Disturbed lands)
prior to issuance of a grading permit or building permit, whichever occurs first. If the Habitat
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.
13. 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.
14. At issuance of building permits, 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 in the amount in effect at the
time, as established by City Council Resolution from time to time.
15. The applicant shall submit to the City Planner a digital copy of the biology report exhibits in ESRI-
Shapefile format registered to NAD 83 California State Plane Coordinate System Zone 6 (FIPS 406},
US Survey Feet. The City Planner has the discretion to waive this condition based on factors such
as the scope of the study and the format in which the exhibits were prepared.
16. Developer shall dedicate an open space easement for those portions of the lot encumbered by
the 100-foot wetland buffer to prohibit any encroachment or development, including but not
limited to private residential fences, walls, decks, storage buildings, pools, spas, stairways and
landscaping, as shown on Exhibits "A" -"BB", dated June 7, 2023.
17. Developer shall submit 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.
18. 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.
19. Prior to issuance of a grading permit or the commencement of any ground-disturbing activities,
Developer shall submit a final habitat restoration and monitoring plan as well as specifications for
restoration activities within the 100-foot wetland buffer to the City and/or Agencies for review at
least 30 days prior to initiating project impacts. The Restoration Landscape Plan shall be prepared
and implemented consistent with MHCP Volume 11, Appendix C (Revegetation Guidelines), and
Vol. 111; HMP pp. F-8 to F-11; and Open Space Management Plan Sec. 3.1.5. The Restoration
Landscape Plan shall, at a minimum, include an evaluation of restoration suitability specific to
proposed habitat types, soil and plant material salvage/translocation, plant palette for planting
and seeding, planting techniques, discussion of irrigation, maintenance and monitoring program,
and success criteria. All areas shall be monitored and maintained for a minimum of three years to
ensure establishment of intended plant communities and shall meet success criteria approved by
the City.
The Restoration Landscape Plan shall also include a description of appropriate plantings within
the 25-foot public access easement and the fire management zone (if applicable). Allowable
plantings include native, low fuel species that do not require long-term irrigation.
20. Clearing and grading activities shall be avoided during the bird breeding season, including raptors
(Jan. 15 -Aug. 31) to reduce indirect impacts to nesting birds that may be present within the
construction footprint or restoration areas. Other construction activities shall also be avoided
during the bird breeding season, iffeasible. If this cannot be avoided, the following measures shall
be taken:
a. Nesting bird surveys shall be conducted by a qualified biologist in appropriate habitat for
nesting raptors and migratory birds and within a 500-foot survey buffer within three days of
construction and submitted to the City Planner.
b. If nests of listed birds, migratory birds, raptors, or other special-status species are located,
they shall be fenced with a protective buffer of at least 500 feet from active nests of listed
species or raptors. Buffer width for other species shall be determined by a qualified biologist
in consultation with the city, depending on species, nest location, and other applicable
criteria. All construction activity shall be prohibited within this area until all nestlings have
successfully fledged. Reduced buffers can be requested from the city if the project biologist
can demonstrate that the nesting success will not be affected.
21. 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. A qualified project biologist shall be retained to review grading plans (e.g., all access routes
and staging areas), and monitor construction activities throughout the duration of
grading/ground disturbance associated with the project to ensure that all practicable
measures are being employed to avoid incidental disturbance of habitat and any target
species of concern outside the project footprint.
b. The footprint of disturbance shall be specified in the construction plans. Construction limits
shall be delineated with orange fencing, and in areas potentially subject to project related
runoff, silt fencing shall be used to delineate the impact footprint. All fencing shall be
maintained until the completion of all construction activities, at which time all fencing shall
be removed. All construction personnel and associates shall be instructed that their activities,
vehicles, equipment, and construction materials are restricted to the proposed project
footprint, designated staging areas, and routes of travel. If any impacts shall occur beyond the
approved impact footprint, all work in the immediate vicinity shall cease until the disturbance
limit breach has been addressed to the satisfaction of the City.
c. Any habitat that is impacted that is not in the identified project footprint shall be disclosed
immediately to the City, USFWS, CDFW, and CCC and shall be compensated at a minimum
ratio of 5:1.
d. Construction employees shall limit their activities, vehicles, equipment, and construction
materials to the fenced project footprint.
e. Equipment storage, fueling, and staging areas shall be located on disturbed upland sites with
minimal risk of direct drainage into riparian areas or other sensitive habitats, and at least 100
feet from waters of the United States. These designated areas shall be located in such a
manner as to prevent any runoff from entering sensitive habitat. All necessary precautions
shall be taken to prevent the release of cement or other toxic substances into surface waters.
All project-related spills of hazardous materials shall be reported to the City and shall be
cleaned up immediately and contaminated soils removed to approved disposal areas.
f. Lighting in or adjacent to the preserve shall not be used, except where essential for roadway,
facility use, and safety. If nighttime construction lights are necessary, all lighting adjacent to
natural habitat shall be shielded and/or directed away from habitat.
g. Fugitive dust shall be avoided and minimized through watering and other appropriate
measures.
h. Exotic species that prey upon or displace target species of concern shall be permanently
removed from the site.
i. To avoid attracting predators of the native wildlife species, the project site shall be kept as
clean of debris as possible. All food related trash items shall be enclosed in sealed
containers and regularly removed from the site. Pets of project development personnel
shall not be allowed on site where they may come into contact with any native species.
j. The City of Carlsbad has the right to access and inspect any sites of approved projects
including any restoration/enhancement area for compliance with project approval conditions
including these Best Management Practices (BMPs). The USFWS and CDFW may accompany
City representatives on this inspection.
k. Grading activity shall be prohibited during the rainy season: from Oct. 1 through April 1 of
each year. However, the Oct. 1 grading season deadline may be extended with the approval
of the City Engineer subject to implementation by Oct. 1 of special erosion control measures
designed to prohibit discharge of sediments off-site during and after the grading operation.
Extensions beyond Nov. 15 may be allowed in areas of very low risk of impact to sensitive
coastal resources and may be approved either as part of the original coastal development
permit or as an amendment to an existing coastal development permit.
I. All graded areas shall be landscaped prior to Oct. 1 of each year with either temporary or
permanent landscaping materials, to reduce erosion potential. Such landscaping shall be
maintained and replanted if not well-established by December pt following the initial
planting.
m. If any of the responsible resource agencies prohibit grading operations during the summer
grading period in order to protect endangered or rare species or sensitive environmental
resources, then grading activities may be allowed during the winter by a coastal development
permit or permit amendment, provided that appropriate BMPs are adopted.
22. 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 Assessment for the Martin Residence Project (Brian F. Smith and Associates, Inc.,
July 19, 2022).
23. 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 Luise no
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.
24. Developer shall dedicate an irrevocable 25-foot-wide lateral access easement along the Buena
Vista Lagoon to the California Coastal Commission or their designee as agreed to with the
California Coastal Commission.
Engineering Conditions
General
25. 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.
26. 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.
27. Developer shall include rain gutters on the building plans subject to the City Engineer's review
and approval. Developer shall install rain gutters in accordance with said plans.
Fees/ Agreements
28. 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.
29. Developer shall cause property owner to execute and submit to the City Engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
30. 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.
31. Developer shall cause property owner to apply for, execute, and submit, to the City Engineer for
recordation, an Encroachment Agreement covering private driveway trench drain and decorative
hardscape located over existing public right-of-way or easements as shown on the site plan.
Developer shall pay processing fees per the city's latest fee schedule.
32. Developer shall cause property owner to enter into a lien contract with the city for the future
public improvement of Buena Vista Circle along the property frontage for a half street width of
20-feet. Public improvements shall include but are not limited to paving, base, sidewalks, curbs
and gutters, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer,
water, fire hydrants, street lights, retaining walls and reclaimed water.
33. Developer shall cause owner to execute, for recordation, a city standard Local Improvement
District Agreement to pay fair share contributions for undergrounding of all existing overhead
utilities and installation of street lights, as needed, along the property frontage, should a future
district be formed.
Grading
34. Based upon a review of the proposed grading and the grading quantities shown on the site plan,
a grading permit for this project is required. Developer shall prepare and submit plans and
technical studies/reports as required by City Engineer, post security and pay all applicable grading
plan review and permit fees per the city's latest fee schedule.
35. Prior to issuance of the grading permit, the contractor 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, 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.
Storm Water Quality
36. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants of the above
requirements.
37. Developer shall complete and submit to the City Engineer a Determination of Project's 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.
38. This project is subject to 'Priority Development Project' requirements. Developer shall prepare
and process a Storm Water Quality Management Plan (SWQMP), subject to City Engineer
approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP
required by this condition shall be reviewed and approved by the City Engineer with final grading
plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's
latest fee schedule.
39. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control
BMP and applicable hydromodification measures.
Dedications/Improvements
40. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction
of the City Engineer. All private drainage systems (12-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.
41. 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.
42 . 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 CMC 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. Driveway approach
B. Water service and meter
C. Sewer service
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 subdivision or development improvement
agreement or such other time as provided in said agreement.
43. Developer shall design all proposed public improvements including but not limited to (sewer
laterals, streetlights, pedestrian ramps, driveways, sidewalk, water services/meters, curb drains,
etc.) as shown on the site plan. These improvements shall be shown on one of the following,
subject to City Engineer approval:
Utilities
A. Grading plans processed in conjunction with this project; or
B. Construction Revision to an existing record public improvement drawing
Additional public improvements required in other conditions of this resolution are hereby
included in the above list by reference. Developer shall pay plan check and inspection fees using
improvement valuations in accordance with the city's current fee schedule. Developer shall apply
for and obtain a right-of-way permit prior to performing work in the city right-of-way.
44. 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.
45. Developer shall install potable water and/or recycled water services and meters at locations
approved by the District Engineer. The locations of said services shall be reflected on public
improvement plans.
46. Developer shall agree to install sewer laterals and clean-outs at locations approved by the City
Engineer. The locations of sewer laterals shall be reflected on public improvement plans.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
47. 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.
48. Prior to issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
49. 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.
50. 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.
51. Developer shall comply with Section 20.16.040(d) of the Carlsbad Municipal Code regarding the
undergrounding of existing overhead utilities.
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 TO APPLICANT
The project site is within the appealable area of the California Coastal Commission. This Coastal
Development Permit (CDP) shall not become effective until ten (10) working days have elapsed, without
a valid appeal being filed with the Coastal Commission, following the Coastal Commission's receipt of the
city's notice of the CDP issuance ("Notice of Final Action"). The filing of a valid appeal with the Coastal
Commission within such time limit shall stay the effective date of this CDP until such time as a final decision
on the appeal is reached by the Coastal Commission.
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 June 7, 2023, by the following vote, to wit:
AYES: Merz, Hubinger, Kamenjarin, Lafferty, Meenes, Sabellico, and Stine
NAYES:
ABSENT:
ABSTAIN:
PETER MERZ, Chair
CARLSBAD PLANNING COMMISSION
ATTEST:
ERIC LARDY
City Planner