HomeMy WebLinkAbout2023-06-21; Planning Commission; Resolution 7486I I '•
PLANNING COMMISSION RESOLUTION NO. 7486
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD,
CALIFORNIA, RECOMMENDING APPROVAL OF TENTATIVE TRACT MAP CT
2022-0001 AND SITE DEVELOPMENT PLAN SOP 2022-0006 TO CONSOLIDATE
FIVE PARCELS OF LAND INTO ONE PARCEL; DEMOLISH AN EXISTING 106-
UNIT HOTEL AND THREE SINGLE-FAMILY HOMES; AND CONSTRUCT A 156-
UNIT, FOUR-STORY MUTLIPLE-FAMILY RESIDENTIAL APARTMENT BUILDING
WITH A TWO-LEVEL SUBTERRANEAN PARKING GARAGE ON A 2.95-ACRE
PROPERTY LOCATED AT 950 AND 1006 CARLSBAD VILLAGE DRIVE, 2944
HOPE AVENUE, 945-A, 945-B AND 955 GRAND AVENUE IN THE NORTHWEST
QUADRANT OF THE CITY AND LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: HOPE APARTMENTS
CASE NO.: CT 2022-0001/SDP 2022-0006 (DEV2022-0030)
WHEREAS, Wermers Properties, "Developer/Owner," has filed a verified application with
the City of Carlsbad regarding property described as
PARCEL 1, APN 203-320-20-00:
THAT PORTION OF TRACT 117 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1661, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915, BOUNDED AND
DESCRIBED IN THE TITLE REPORTS ATTACHED TO THE SUBJECT APPLICATIONS ON FILE.
PARCEL 2, APN 203-320-02-00 :
ALL THAT PORTION OF TRACT 117 OF CARLSBAD LANDS, IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1661, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915, BOUNDED AND DESCRIBED IN THE TITLE
REPORTS ATTACHED TO THE SUBJECT APPLICATIONS ON FILE.
PARCEL 3, APNs 203-320-41-00 and -40-00
PARCELS 1 AND 2 OF PARCEL MAP 2868 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
JULY 22, 1974. EXCEPTING THEREFROM ALL THAT PORTION OF PARCEL 1 AND 2 OF PARCEL MAP
2868 THAT WAS GRANTED TO THE CITY OF CARLSBAD BY FINAL ORDER OF CONDEMNATION
RECORDED JUNE 2, 1994, AS INSTRUMENT NO. 1994-0376671 OF OFFICIAL RECORDS.
PARCEL 4, APN 203-320-51-00
A NON-EXCLUSIVE EASEMENT FOR INGRESS-EGRESS AND DRIVEWAY PURPOSES OVER THAT
PORTION OF TRACT NO. 117 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 1661, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 01, 1915, BOUNDED AND DESCRIBED IN
THE TITLE REPORTS ATTACHED TO THE SUBJECT APPLICATIONS ON FILE.
PARCEL 5, APN 203-320-48-00:
PARCEL B OF PARCEL MAP NO. 21619, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, FILED IN THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 12,
2018 AS FILE NO. 2018-7000347 OF OFFICIAL RECORDS. SAID PARCEL B BOUNDED AND
DESCRIBED IN THE TITLE REPORTS ATTACHED TO THE SUBJECT APPLICATIONS ON FILE.
("the Property"); and
WHEREAS, said verified application constitutes a request for a Tentative Tract Map and
Site Development Plan as shown on Exhibit(s) "A -NN" dated June 21, 2023, on file in the Planning
Division, CT 2022-0001/SDP 2022-0006-HOPE APARTMENTS as provided by Chapter 21.06, 21.85, 21.86
of the .Carlsbad Municipal Code and the Village & Barrio Master Plan; and
WHEREAS, the Planning Division studied the Tentative Tract Map and Site Development Plan
applications and performed the necessary investigations to determine if the project qualified for an
exemption from further environmental review pursuant to 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 section 15332 -In-fill Development Projects. CEQA Guidelines Section 15332 is a Class
32 exemption for projects under five acres, located within urbanized areas, and consistent with the
General Plan and zoning regulations for the site. The project will not have a significant effect on the
environment and all of the requirements of CEQA have been met; and
WHEREAS, on April 10, 2023, the city distributed a notice of intended decision to adopt
the "In-fill D_evelopment Projects" exemption. The notice was posted for a 10-day period, which began
on April 10, 2023 and ended on April 20, 2023. The city did not receive any comment letters or an appeal
on the CEQA findings and determination. The effective date and order of the city planner CEQA
determination was April 20, 2023 .
WHEREAS, the Planning Commission did, on June 21, 2023, hold a duly noticed public
hearing as prescribed by law to consider said request relative to the Tentative Tract Map and Site
Development Plan 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 Tentative Tract Map and Site Development Plan.
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
RECOMMENDS APPROVAL of CT 2022-0001/SDP 2022-0006 -HOPE APARTMENTS,
based on the following findings and subject to the following conditions:
Findings:
Tentative Tract Map, CT 2022-0001
1. That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable
specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act,
and will not cause serious public health problems, in that the proposal to consolidate five (5) lots
into one (1) lot is consistent with the General Plan and satisfies the minimum requirements of
the Village and Barrio Master Plan (VBMP), as well as Titles 20 and 21 of the Carlsbad Municipal
Code with respect to the use, density, public facilities, access, parking and setbacks.
2. That the proposed project is compatible with the surrounding future land uses since the
properties to the east, west and south are also located in the Freeway Commercial (FC) of the
VBMP and developed with a mixture of land uses, including a neighborhood commercial
shopping center to the south and a four-story mixed use building to the east. The properties
on the north side of Grand Avenue, located outside of the boundaries of the VBMP, are
developed with multi-family uses and a three-story hotel. Given the variety of existing uses
within the vicinity of the project site as well as the allowance for four-story multi-family
structures by right in the FC District, the proposed four-story, 156-unit muti-family apartment
project is compatible with existing and future land uses.
3. That the site is physically suitable for the type and density of the development since the site is
adequate in size and shape to accommodate residential development at the density proposed, in
that the FC District within the VBMP allows residential development at a density range of 28 to
35 dwelling units per acre and up to 104 base units are allowed on the subject 2.95-acre parcel.
Pursuant to State Density Bonus Law, the Developer proposes a 50% density bonus to allow for
the construction of 156 multi-family units. In exchange, the Developer is required to designate
12.5% of the total housing units onsite (20 units) as affordable to very low-income households
for 55 years, earning up to 50% of the area median income (AMI).
4. That the design of the subdivision or the type of improvements will not conflict with easements
of record or easements established by court judgment, or acquired by the public at large, for
access through or use of property within the proposed subdivision, in that the project has been
designed and conditioned such that there are no conflicts with established easements.
5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act
of 1965 (Williamson Act).
6. That the design of the subdivision provides, to the extent feasible, for future passive or natural
heating or cooling opportunities in the subdivision, in that the multi-family units have been
designed to include operable windows where practicable and balconies to maximize exposure
of each unit to natural light and ventilation from nearby coastal breezes.
7. That the Planning Commission has considered, in connection with the housing proposed by this
subdivision, the housing needs of the region, and balanced those housing needs against the public
service needs ofthe city and available fiscal and environmental resources in that consistent wilh
the lnclusionary Housing Ordinance and State Density Bonus Law, the project provides 12.5%
of the total housing units onsite (20 units) as affordable to very low income households for 55
years, earning up to 50% of the area median income (AMI).
8. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in
that the developed property is devoid of sensitive vegetation and any natural water features.
Therefore, the proposed project does not impact any fish, wildlife or habitat.
9. That the discharge of waste from the subdivision will not result in violation of existing California
Regional Water Quality Control Board requirements, in that the project has been designed in
accordance with the Best Management Practices for water quality protection in accordance
with the City's sewer and drainage standards and the project is conditioned to comply with the
National Pollutant Discharge Elimination System (NPDES) requirements.
Site Development Plan, SDP 2022-0006
10. 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
proposes the demolition of an existing 106-room hotel and three (3) single-family homes and
the construction of a 156-unit, four-story, multi-family apartment building on a 2.95-acre infill
site within the Freeway Commercial District of the Village & Barrio Master Plan. Multi-family
residential uses are permitted by right. The project is consistent with the various elements and
objectives of the General Plan and the Village & Barrio Master Plan. The project complies with
all applicable development standards for residential uses including height, setbacks, and
parking etc., subject to density bonus provisions for waivers or reductions of standards. The
project site is located withing one-quarter mile of a mass transit station and is across the street
from an existing community . commercial shopping center. Consistent with the lnclusionary
Housing Ordinance and State Density Bonus Law, the project provides 12.5% of the total
housing units onsite (20 units) as affordable to very low income households for 55 years, earning
up to 50% of the area median income (AMI). The project complies with all applicable standards
of the Carlsbad Municipal Code.
11. 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
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 is located in the Freeway Commercial (FC) District of the Village & Barrio
Master Plan. The project 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 up to 45 feet
in height are a permitted use within the FC District. The adjacent properties to the east, south
and west are also located within the FC District of the Village & Barrio Master Plan. The property
to the east, which shares the 24-foot-wide access drive aisle, is developed with a four-story
mixed use building, which includes 106-unit multi-family apartments. Given the variety of uses
surrounding the subject site, as well considering what can be permitted in the FC District, the
proposed units are compatible with the surroundings in scale, massing, and design. The
apartments will not adversely impact the site, surroundings, or traffic circulation. Carlsbad
Village Drive and Grand Avenue, have adequate capacity to accommodate the net increase of
106 Average Daily Trips (ADTs) generated by the overall project, and the project is adequately
parked on-site in accordance with State Density Bonus Law and the Village & Barrio Master
Plan.
12. That the site for the intended development or use is adequate in size and shape to accommodate
the use, in that pursuant to State Density Bonus Law, the Developer has requested waivers to
standards in the Village & Barrio Master Plan related to building massing, private open space
and maximum square footage permitted for the fourth floor. The project is entitled to the
requested number of units and the density bonus waivers are necessary for the project to be
developed at the density. The waivers are permitted pursuant to CMC Chapter 21.86 and State
Density Bonus Law. In addition, the project complies with the applicable building height,
parking and setback requirements.
13. 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 FC District of the Village & Barrio Master
Plan, including height, setbacks, and parking, etc., subject to density bonus provisions for
concessions and waivers, including reductions of standards. The architecture of the building 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 and the Village & Barrio Master Plan.
14. 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 is considered a through
lot since it has two primary street frontages, Grand Avenue to the north and Carlsbad Village
Drive to the south. Access to the proposed multi-family project will be provided via an existing
24-foot-wide drive aisle, which currently provides access to the existing uses on the project site,
as well as an existing mixed use building to the east. Both Carlsbad Village Drive and Grand
Avenue are designed to adequately handle the net increase of 106 Average Daily Trips (ADTs)
generated by the overall project. The project site is located approximately 0.4 miles from the
Carlsbad Village mass transit station which provides bus, train and Coaster service on a daily
basis. Bike lanes are provided on Carlsbad Village Drive and further west on Grand Avenue. In
addition, the Developer will be required to pay traffic impact fees in accordance with CMC 18.42
prior to issuance of building permits that will go towards future road improvements.
lnclusionary Housing and Density Bonus
15. Project has been granted additional units, incentives, and waivers in accordance with density
bonus provisions found in Government Code §65915 and Carlsbad Municipal Code Chapter
21.86. Per density bonus definitions, the project had a calculation of 104 Base Units. Applicant
requested a 50% increase, which allows up to an additional 52 units for a total maximum project
size of 156 units. Based on the requested density bonus, Applicant must provide 15% of the
Base Units to very-low-income units as defined by California Health and Safety Code §50053.
The project is conditioned to provide 16 units (104 x 0.15 = 15.6 rounded up to 16) density bonus
affordable units based on calculations in Government Code §65915 and enforced by the
California Department of Housing and Community Development.
16. Project is also subject to Carlsbad Municipal Code Chapter 21.85, requiring fifteen percent of
the total residential units be affordable for lower income households. Carlsbad Municipal Code
Section 21.85.070 provides alternatives to construction of inclusionary units, including reducing
the required number of inclusionary units to twelve and a half percent for projects that restrict
all affordable units to extremely low or very-low-income households. Under this alternative,
this project is providing very-low-income units pursuant to Government Code §65915, and
therefore, the very low income inclusionary units shall be twelve and a half (12.5) percent 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 20 units (156 x 0.125
= 19.5 rounded up to 20). The project is conditioned to provide 20 inclusionary units based on
Carlsbad Municipal Code Chapter 21.85.
17. Per Carlsbad Municipal Code Section 21.86.130, those affordable dwelling units provided to
meet the inclusionary requirement established pursuant to Chapter 21.85 of this title, shall be
counted toward satisfying the density bonus requirements of this chapter. Sixteen of the 20
units count toward the density bonus affordable requirement, as long as they meet the
affordability requirement identified in Government Code §65915. Therefore, the conditions
identified in 1 and 2 above are cumulative and will be satisfied through one Affordable Housing
Agreement to provide 20 total affordable units based on Carlsbad Municipal Code Chapter
21.85, all of which will be at the very low income level to satisfy Carlsbad Municipal Code
Chapter 21.86.
18. Project must comply with replacement housing requirements defined in Government Code
§65915 and Government Code §66300. Project is required to provide documentation of
compliance with these sections prior to, during, and after construction is completed.
General
19. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the city's General Plan, based on the facts set forth in the staff report dated June
21, 2023 including, but not limited to the following:
a. Land Use & Community Design, Goal 2-G.2 -The project will provide new multi-family
residential apartments in the form of 136 market rate units and 20 affordable units located
near jobs, schools, beaches, lagoons, and convenient neighborhood-serving commercial
services. The project provides parking onsite and has convenient access to schools and
parks, as well as public transit via the Carlsbad Village mass transit station which provides
bus, train and Coaster service.
b. Land Use & Community Design, Goal 2-G.3 -With exception to one vacant parcel, the
project is proposed on a developed site surrounded by urban development, including a four-
story multi-family apartment building to the east and a three-story hotel to the north. 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 includes
156 apartments units (136 market rate and 20 affordable) in a variety of bedroom counts
and provides much-needed higher density housing located in close proximity to
neighborhood-serving commercial uses, nearby employment centers and the mass transit
station located in the core of Carlsbad Village.
d. Land Use & Community Design, Goal 2-G.30 and Policy 2-P.70 -The proposal to construct
156 multi-family apartments would enhance the vitality of the Village by providing new
residential land uses near the downtown core area. The project reinforces the pedestrian
orientation desired for the downtown area by pl'oviding residents an opportunity to walk
to shopping, restaurants, recreation, and mass transit functions. The project's proximity to
existing bus routes and other mass transit help further the goal of providing new economic
development near transportation corridors.
e. Mobility, Goal 3-G.3 -The proposed project would construct a new 10-foot-wide parkway
with street trees and a meandering sidewalk along the Grand Avenue frontage. In addition,
the width of the sidewalk will be increased along the Carlsbad Village Drive frontage to
comply with the Village & Barrio Master Plan.
f. Mobility, Policy 3-P.5 -The project is proposing to dedicate 30 feet of right-of-way along
the Grand Avenue frontage. The new street sections will provide improvements for
vehicular and pedestrian travel modes. In addition, the proposed project is located
approximately 0.3 miles from the Carlsbad Village train station, which provides rail and bus
service throughout the day. The project's proximity to the transit station would provide
residents with the opportunity to commute to major job centers, thereby reducing vehicle
miles traveled (VMTs) and the carbon footprint. Furthermore, the project supports
walkability and mobility by locating the project near existing goods and services within the
Village.
g. Noise, Goals 5-G.1 and 5-G.2 -Ldn Consulting prepared a noise study (April 2023) for the
proposed project. The principal noise source associated with the proposed project is traffic
from the Interstate 5 freeway to the east and Carlsbad Village Drive to the south. An STC
rating of 28 or higher is proposed for all glass assemblies, ensuring the project complies with
an interior noise level of 45 dBA CNEL or less. Due to the orientation of the courtyards,
which includes shielding of the noise by the proposed building from the east and south, the
courtyard areas will comply with the maximum 60 dBA CNEL exterior noise level standard ..
h. 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 approved the
proposed conceptual building design with fire sprinklers included throughout the building
per the National Fire Protection Association {NFPA) standards. In addition, an Alternative
Means and Method Request {AM&M) plan has been approved by the Fire Department to
allow standpipes in the court yards, aerial ladder access on three (3) sides of the building
and three (3), two-hour passageways to the central courtyard. Therefore, the proposed
project is consistent with the applicable fire safety requirements.
i. Public Safety, Goal 6-G .4 -The proposed project would provide a fire hydrant along the
Grand Avenue frontage and supporting water infrastructure in accordance with Fire
Department requirements; 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. In addition, the existing six {6)-inch diameter water line located
within the Grand Avenue project frontage right-of-way is proposed to be replaced with an
eight {8)-inch diameter water line.
j. 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.
k. 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. The
project is required to comply with all Building and Fire codes to ensure that fire protection
standards are met by the proposed structures. An Alternative Means and Method Request
(AM&M) plan has been approved by the Fire Department to allow standpipes in the court
yards, aerial ladder access on three (3) sides of the building and three (3), two-hour
passageways to the central courtyard. Therefore, the proposed project is consistent with
the applicable fire safety requirements.
I. 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. 1 is located 0.5 miles from the project site and
is within emergency response timeframes; and the project will not affect the city's ability
to implement its Emergency Operations Plan. Improvements to existing utilities includes
the replacement of an existing six {6)-inch diameter water line located within the Grand
Avenue project frontage right-of-way with an eight {8)-inch diameter water line.
m. 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.
n. 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. Pursuant to City Council
Policy No. 57, the percentage can be reduced to 12.5% if the inclusionary units are very low
or extremely low-income, the units are located on the same site as the market-rate units
and the Developer is not requesting financial assistance from the city. The project proposes
20 very low-income units onsite and the Developer is not requesting financial assistance
from the city. In addition, the project is conditioned to enter into an Affordable Housing
Agreement with the city to provide and deed restrict 20 dwelling units as affordable to very
low-income households for 55 years, earning up to 50% of the area median income (AMI).
o. Housing, Policy 10-G.2 -The proposed project will increase the diversity of housing in
Carlsbad by adding 156 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 very low-income households. The project is conditioned to enter into an
Affordable Housing Agreement with the city to provide and deed restrict 20 dwelling units
(12.5%) as affordable to very low-income households for 55 years, earning up to 50% of the
area median income (AMI).
p. Housing, Policy 10-P.15 -The project is conditioned to enter into an Affordable Housing
Agreement with the city to provide and deed restrict 20 dwelling units (12.5%) as affordable
to very low-income households for 55 years, earning up to 50% of the area median income
(AMI). Additionally, of those 20 affordable units, a minimum of two of the units will have
three-bedrooms, consistent with the minimum requirements of the lnclusionary Housing
Ordinance.
q. Housing, Policy 10-P.19 -The city currently has a jobs/housing ratio where there are more
jobs than housing. The project replaces an existing 109-room hotel and three single-family
residential units with 156 multi-family apartments (136 market rate and 20 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 lower income households.
20. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 1 and all city public facility policies and ordinances. The project
includes elements or has been conditioned to construct or provide funding to ensure that all
facilities and improvements regarding sewer collection and treatment; water; drainage;
circulation; fire; schools; parks and other recreational facilities; libraries; government
administrative facilities; and open space, related to the project will be installed to serve new
development prior to or concurrent with need. Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified School District
that the project has satisfied its obligation for school facilities.
b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior
to the issuance of building permit.
c. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
21. 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.
22. This project has been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 1.
23. 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.
24. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
25 . 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 in-fill 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.
26. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed to
mitigate impacts caused by or reasonably related to the project, and the extent and the degree
of the exaction is in rough proportionality to the impact caused by the project.
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 Tentative Tract Map and Site
Development Plan.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Tentative Tract Map and Site Development Plan documents, as necessary
to make them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly,
from (a) city's approval and issuance of this Tentative Tract Map and Site Development Plan, (b)
city's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in
connection with the use contemplated herein, and (c) Developer/Operator's installation and
operation of the facility permitted hereby, including without limitation, any and all liabilities
arising from the emission by the facility of electromagnetic fields or other energy waves or
emissions. This obligation survives until all legal proceedings have been concluded and continues
even if the city's approval is not validated.
6. 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 submitted to the City Planner, reviewed and,
if found acceptable, signed by the city's project planner and project engineer. If no changes were
required, the approved exhibits shall fulfill this condition.
7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
8. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
9. This approval shall become null and void if building permits are not issued for this project within
24 months from the date of project approval.
10. Building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides written certification to the city that adequate water service
and sewer facilities, respectively, are available to the project at the time of the application for the
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
1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If
the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall
become void.
12. Prior to 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.
13. 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.
14. Developer shall submit to the city a Notice of Restriction executed by the owner of the real
property to be developed. Said notice is to be filed in the office of the County Recorder, subject
to the satisfaction of the City Planner, notifying all interested parties and successors in interest
that the City of Carlsbad has issued a Tentative Tract Map and Site Development Plan by
Resolution No. 7486 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.
15. Project has been granted additional units, incentives and waivers in accordance with density
bonus provisions found in Government Code §65915 and Carlsbad Municipal Code Chapter
21.86. Per density bonus definitions, the project had a calculation of 104 Base Units. Applicant
requested a 50% increase which allows up to an additional 52 units for a total maximum project
size of 156 units. Based on the requested density bonus, applicant must provide 15% of the Base
Units to very low-income units, as defined by California Health and Safety Code Section §50053.
The project must provide 16 density bonus affordable units based on calculations in
Government Code §65915.
16. 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 Section
21.85.070 provides alternatives to construction of inclusionary units, including reducing the
required number of inclusionary units to twelve and a half (12.5) percent for projects that
restrict all affordable units to extremely low or very-low-income households. Under this
alternative, this project is providing very-low-income units pursuant to Government Code
§65915, and therefore, the very-low-income inclusionary units shall be 12.5 percent 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 20 units (156 x 0.125 = 19.5
rounded up to 20). Per CMC Section 21.86.130 those affordable dwelling units provided to meet
the inclusionary requirement established pursuant to Carlsbad Municipal Code Chapter 21.85
shall be counted toward satisfying the density bonus requirements of this chapter. Sixteen of
the 20 units can count towards the density bonus affordable requirement, as long as they meet
the affordability requirement identified in Government Code §65915.
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 20 dwelling units
as affordable to very-low-income households for 55 years, earning up to 50% of the area median
income (AMI) 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 sha II 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.l0O(C).
Bedroom/,i Total,i Market·
BathroomsR UnitsR Rate·Units,i
R
0·BED·/l·BATHll 81:1 Sil
1·BED-/-1·BATHll 6911 6111
2·BED-/-2·BATHll 6711 6011
3·BED-/-2·BATHll 1211 1011
...... TOTAL·UNITS:· 156R 136R
Affordable·
Units,i
R
311
811
71l
211
20R
Affordability·
Leve_lR
50%11
50%11
50%ll
50%11
R
□
□
□
□
□
□
19. Project shall comply with replacement housing requirements defined in Government Code
§65915 and Government Code §66300. Project is required to provide documentation of
compliance with these sections prior to, during, and after construction is completed.
20. 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.
21. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in substance
as provided in Building Department Policy No. 80-6, to the satisfaction of the City Planner and
Building Official.
22. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so
required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of
an Outdoor Storage Plan, and thereafter comply with the approved plan.
23. Developer shall 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.
24. Prior to issuance of the building permit, glass assemblies for each unit shall have a minimum
STC rating of 28 and shall be shown on the plans submitted for building permit since windows
are required to be closed to meet the maximum 45 dB(a) CNEL interior noise levels.
25. Prior to issuance of the grading permit and removal of any trees within the public right-of-way,
the Developer shall inform the Carlsbad Parks and Recreation Department in writing of said
requested removal(s) and obtain any required permits, to the satisfaction of the -City Planner
and Parks & Recreation Director.
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). Prior to release of the grading bonds,
the paleontologist shall complete a report describing the methods and results of the
paleontological monitoring and data recovery program, and file a copy of the report at the San
Diego Natural History Museum, to the satisfaction of the City Planner.
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. Tier 4 or diesel construction equipment with diesel particulate filters shall be utilized for all
construction activities. Grading and building plans shall note this requirement and the
Developer shall adhere to the condition for all construction phases of the project,
Engineering:
General
29. 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.
30. 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.
31. 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.
32. Developer shall prepare, submit and process for city engineer approval a final map to subdivide
this project. There shall be one Final Map recorded for this project. Developer shall pay the city
standard map review plan check fees.
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. Property owner shall maintain all landscaping {street trees, tree grates, shrubs, groundcover, etc.)
and irrigation along the parkway frontage with Grand Avenue and Carlsbad Village Drive as
shown on the Tentative Map/Site Plan . Property owner shall also maintain the tree well to be
installed for water quality treatment purposes in the parkway of Grand Avenue.
Fees/ Agreements
35 . 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.
36. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
37. 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.
38. Developer shall cause owner to execute, for recordation, a city standard Local Improvement
District Agreement to pay fair share contributions for undergrounding of all existing overhead
utilities and installation of street lights, as needed, along the subdivision frontage, should a future
district be formed.
Grading
39. Based upon a review of the proposed grading and the grading quantities shown on the tentative
map, a grading permit for this project is required. Developer shall prepare and submit plans and
technical studies/reports as required by city engineer, post security and pay all applicable grading
plan review and permit fees per the city's latest fee schedule.
40. 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.
41. Concurrent with the grading plans Developer shall include shoring plans as part of the grading
plans to the satisfaction of the city engineer and building official. Structural calculations for all
shoring shall be submitted for review and approval by the building division. Developer shall pay
all deposits necessary to cover any 3rd party review.
Storm Water Quality
42. 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.
43. Developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3
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 Requirements. 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 SWPPP plan review and inspection fees per the city's latest fee schedule.
44. 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.
45. 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
46. Developer shall submit a recorded copy of a private drainage and water quality treatment
easement granted to the easterly abutting Carlsbad Village Lofts property described as Parcel A
of Map 21619, as shown on the tentative tract map.
47. Developer shall cause owner to dedicate to the city and/or other appropriate entities an
easement for public street & public utility purposes and public water purposes as shown on the
tentative map. A one-foot-wide public street and utility easement shall also be offered on the
east side of the Hope Avenue alley right-of-way to establish a total easement width of 20 feet
along the subdivision boundary. This proposed one-foot easement is not shown on the
tentative map. The offers 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.
48. Developer shall design the private drainage systems, as shown on the tentative map to the
satisfaction of the city engineer. All private drainage systems (12" diameter storm drain and
larger) shall be inspected by the city. Developer shall pay the standard improvement plan check
and inspection fees for private drainage systems.
49. 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.
50. Developer shall prepare and process public improvement plans and, prior to city engineer
approval of said plans, shall execute a city standard Subdivision Improvement Agreement to
install and shall post security in accordance with C.M.C. Section 20.16.070 for public
improvements shown on the tentative map. Said improvements shall be installed to city standards
to the satisfaction of the city engineer. These improvements include, but are not limited to:
A. Install curb, gutter, sidewalk and street pavement fronting Grand Avenue.
B. Full street width grind and overlay of Grand Avenue and a portion between utility
trenches on Carlsbad Village Drive.
C. Install pedestrian ramp at the northeast and southeast corner of Grand Avenue.
D. Install up to four Ameron VBS04 pedestrian light poles or equal on Grand Avenue.
An alternative pole design may be approved by the city engineer as needed due
to potential site restrictions.
E. Replace 6-inch AC pipe watermain with an 8-inch PVC watermain in Grand
Avenue.
F. Install potable, fire and landscape irrigation water services and remove existing
services in Grand Avenue and Carlsbad Village Drive.
G. Install sewer laterals and remove existing sewer laterals in Grand Avenue.
H. Install new fire hydrant and service and remove existing fire hydrant and service.
I. Widen sidewalk fronting property on Carlsbad Village Drive.
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.
51. 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.
52. Developer is responsible to ensure utility transformers or raised water backflow preventers that
serve this development are located outside the right-of-way as shown on the Tentative Map and
to the satisfaction of the city engineer. These facilities shall be constructed within the property.
53. Developer shall have the public improvement plans reviewed by a Certified Access Specialist
person (CASp) for disabled accessibility compliance with local, state and federal regulations and
submit a letter from the CASp confirming that the designed plans are in conformance with said
regulations.
54. Prior to approval of the improvement plans, Developer shall submit to the city engineer written
approval from North County Transit District (NCTD) demonstrating mass-transit improvement
requirements (i.e. improvements to bus stops fronting the subdivision) for this project have
been satisfied on the improvement plans.
Non-Mapping Notes
55. Add the following notes to the final map as non-mapping data:
A. Developer has executed a city standard Subdivision Improvement Agreement and has
posted security in accordance with C.M.C. Section 20.16.070 to install public
improvements shown on the tentative map. These improvements include, but are
not limited to:
a. Install curb, gutter, sidewalk and street pavement fronting Grand Avenue.
b. Full street width grind and overlay of Grand Avenue and a portion between
utility trenches on Carlsbad Village Drive.
c. Install pedestrian ramp at the northeast and southeast corner of Grand
Avenue.
d. Install up to four Ameron VBS04 pedestrian light poles or equal on Grand
Avenue. An alternative pole design may be approved by the city engineer as
needed due to potential site restrictions.
e. Replace 6-inch AC pipe watermain with an 8-inch PVC watermain in Grand
Avenue.
Utilities
f. Install potable, fire and landscape irrigation water services and remove
existing services in Grand Avenue and Carlsbad Village Drive.
g. Install sewer laterals and remove existing sewer laterals in Grand Avenue.
h. Install new fire hydrant and service and remove existing fire hydrant and
service.
i. Widen sidewalk fronting property on Carlsbad Village Drive ..
B. Building permits will not be issued for development of the subject property unless
the appropriate agency determines that sewer and water facilities are available.
C. Geotechnical Caution : The owner of this property on behalf of itself and all of its
successors in interest has agreed to hold harmless and indemnify the City of Carlsbad
from any action that may arise through any geological failure, ground water seepage
or land subsidence and subsequent damage that may occur on, or adjacent to, this
subdivision due to its construction, operation or maintenance.
D. No structure, fence, wall, tree, shrub, sign, or other object may be placed or
permitted to encroach within the area identified as a sight distance corridor as
defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans
standards.
E. The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from.any action that may
arise through any diversion of waters, the alteration of the normal flow of surface
waters or drainage, or the concentration of surface waters or drainage from the
drainage system or other improvements identified in the city approved development
plans; or by the design, construction or maintenance of the drainage system or other
improvements identified in the city approved development plans.
F. There are no public park or recreational facilities to be located in whole or in part
within this subdivision. The subdivider is therefore obligated to pay park-in-lieu fees
in accordance with section 20.44.050 of the Carlsbad Municipal Code and has either
paid all of said park in-lieu fees or agreed to pay all of said park-in-lieu fees in
accordance with section 20.16.070 of the Carlsbad Municipal Code.
56. 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
57. 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.
58. 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.
59. The developer shall design and agree to construct public water, sewer, and recycled water
facilities substantially as shown on the tentative map to the satisfaction of the district engineer
and city engineer.
Code Reminders
60. 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.
61. Developer shall pay park-in-lieu fees in accordance with Section 20.44 of the City of Carlsbad
Municipal Code to the satisfaction of the City Engineer.
62. 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.
63. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
64. 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.
65. 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.
66. 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.
67. Subdivider shall comply with Section 20.16.040(d) of the Carlsbad Municipal Code regarding the
undergrounding of existing overhead utilities.
68. Developer acknowledges that the project is required to comply with the city's greenhouse gas
(GHG) reduction ordinances and requirements. GHG reduction requirements are in accordance
with, but are not limited to, Carlsbad Municipal Code Chapters 18.21, 18.30, and 18.51 in addition
to the California Green Building Standards Code (CCR, Title 24, Part 11-CALGreen), as amended
from time to time. GHG reduction requirements may be different than what is proposed on the
project plans or in the Climate Action Plan Checklist originally submitted with this project.
Developer acknowledges that new GHG reduction requirements related to energy efficiency,
photovoltaic, electric vehicle charging, water heating and traffic demand management
requirements as set forth in the ordinances and codes may impact, but are not limited to, site
design and local building code requirements. If incorporating GHG reduction requirements results
in substantial modifications to the project, then prior to issuance of development (grading,
building, etc.) permits, Developer may be required to submit and receive approval of a
Consistency Determination or Amendment for this project through the Planning Division.
Compliance with the applicable GHG reduction requirements must be demonstrated on or with
the construction plans prior to issuance of the applicable development permits
NOTICE
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 21, 2023, by the following vote, to wit:
AYES: Merz, Hubinger, Meenes, Sabellico, and Stine
NAYES: Lafferty
ABSENT: Kamenjarin
ABSTAIN:
PETER MERZ, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
ERIC LARDY
City Planner