HomeMy WebLinkAbout2017-07-11; City Council; Resolution 2017-137RESOLUTION NO. 2017-137
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A MAJOR REVIEW PERMIT AND TENTATIVE TRACT
MAP TO ALLOW FOR THE DEMOLITION OF A ONE-STORY COMMERCIAL
BUILDING AND THE CONSTRUCTION OF A FOUR-STORY MIXED-USE
BUILDING CONSISTING OF 1,622 SQUARE FEET OF GROUND FLOOR OFFICE
SPACE AND SEVEN CONDOMINIUM UNITS, AND A REQUEST TO
PARTICIPATE IN THE PARKING IN-LIEU FEE PROGRAM FOR TWO PARKING
SPACES ON PROPERTY LOCATED AT 2677 STATE STREET IN LAND USE
DISTRICT 4 OF THE VILLAGE REVIEW ZONE AND IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: TOWNHOUSE
CASE NO.: RP 2016-0001/CT 2016-0002 (DEV2016-0031)
EXHIBIT I
WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant to
the provisions of the Municipal Code, the Planning Commission did, on May 17, 2017, hold a duly
noticed public hearing as prescribed by law to consider Major Review Permit No. RP 2016-0001 and
Tentative Tract Map No. 2016-0002, as referenced in Planning Commission Resolution No. 7244; and
the Planning Commission adopted Planning Commission Resolution No. 7244 recommending to the
City Council that it be approved; and
WHEREAS the City Council of the City of Carlsbad, held a duly noticed public hearing to consider
said Major Review Permit and Tentative Tract Map; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all persons desiring to be heard, the City Council considered all factors relating to the Major
Review Permit and Tentative Tract Map.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the recommendation of the Planning Commission for the approval of Major Review
Permit No. 2016-0001 and Tentative Tract Map No. 2016-0002, is approved, and that the findings and
conditions of the Planning Commission contained in Planning Commission Resolution No. 7244 on file
with the City Clerk and incorporated herein by reference, are the findings and conditions of the City
Council.
EXHIBIT I
3. This action is final the date this resolution is adopted by the City Council. The Provisions
of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply:
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 11th day of :!l!Jy, 2017, by the following vote, to wit:
AYES:
NOES:
ABSENT:
M. Hall, K. Blackburn, M. Schumacher, M. Packard.
C. Schumacher.
None.
(SEAL}
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PLANNING COMMISSION RESOLUTION NO. 7244
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MAJOR
REVIEW PERMIT AND TENTATIVE TRACT MAP TO ALLOW FOR THE
DEMOLITION OF A ONE-STORY COMMERCIAL BUILDING AND THE
CONSTRUCTION OF A FOUR-STORY MIXED-USE BUILDING CONSISTING
OF 1,622 SQUARE FEET OF GROUND FLOOR OFFICE SPACE AND SEVEN
CONDOMINIUM UNITS ON PROPERTY GENERALLY LOCATED 2677 STATE
STREET IN LAND USE DISTRICT 4 OF THE VILLAGE REVIEW ZONE AND IN
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: TOWNHOUSE
CASE NO.: RP 2016-0001/CT 2016-0002 (DEV 2016-0031)
EXHIBIT 4
WHEREAS, Mark Benjamin, "Developer/Owner," has filed a verified application with the
City of Carlsbad regarding property described as
PARCEL 1:
All of Lot 6 of SEASIDE LANDS, according to Map thereof No. 1722, filed
in the Office of the County Recorder of San Diego County, July 28, 1921.
EXCEPT the Southerly 51 feet, the Northerly line of said Southerly 51
feet being parallel with the dividing line between Lots 5 and 6 in said
Seaside Lands.
Parcel 2:
The Southeasterly half of Lot 7 in Seaside Lands, according to Map
thereof No. 1722, filed in the Office of the County Recorder of San Diego
County, July 28, 1921.
("the Property"); and
WHEREAS, said verified application constitutes a request for a Major Review
Permit/Tentative Tract Map as shown on Exhibits "A" -"L" dated May 17, 2017, on file in the Planning
Division RP 2016-0002/CT 2016-0002 -TOWNHOUSE, as provided by Chapter 20.12 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on May 17, 2017, hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the
Major Review Permit/Tentative Tract Map.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of RP 2016-0001/CT 2016-0002-TOWNHOUSE, based on the
following findings and subject to the following conditions:
Findings:
Major Review Permit RP 2016-0001
1. The Planning Commission finds that the project, as conditioned herein, is on conformance with
the Elements of the City's General Plan, based on the facts set forth in the staff report dated May
17, 2017 including, but not limited to the following:
A.
B.
Land Use Goal 2-G.30: Develop a distinct identity for the Village by encouraging a variety
of uses and activities, such as a mix of residential, commercial office, restaurants and
specialty retail shops, which traditionally locate in a pedestrian-oriented downtown area
and attract visitors and residents from across the community by creating a lively and
interesting social environment.
Land Use Policy 2-P.70: Seek an increased presence of both residents and activity in the
Village with new development, particularly residential, including residential as part of a
mixed-use development, as well as commercial, entertainment and cultural uses that
serve both residents and visitors.
The proposed project is consistent with the goals and policies for the Village, as outlined
within the General Plan, because it provides a mix of multi-family residential and office
uses in an appropriate location (Land Use District 4 -Residential Support Area) within
the Village. This in turn serves to enhance and maintain the area with a mix of higher
quality office and residential uses which will support the Village center. It also increases
the number of and improves the condition and appearance of housing units within the
Village. By providing more residential and office opportunities, the project helps to
create a lively, interesting social environment by encouraging and increasing the
opportunity for 24-hour life in the Village, which provides the necessary customer base
to attract complementary uses. The project reinforces the pedestrian-orientation
desired for the downtown area by providing the new residents an opportunity to walk
to shopping, recreation, and mass transit functions. The project's proximity to mass
transit will help to further the goal of providing new economic development near
transportation corridors. Furthermore, the project will provide a strong street presence
with extensive architectural relief and visually subordinate parking. Overall, the new
residential units will enhance the Village as a place for living and working.
Circulation Policy 3-P.5: Require developers to construct or pay their fair share toward
improvements for all travel modes consistent with the Mobility Element, the Growth
Management Plan, and specific impacts associated with their development.
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2.
3.
C.
D.
The applicant will be required to pay traffic impact fees prior to issuance of building
permit that will go towards future circulation improvements.
Noise Goal 5-G.2: Ensure that new development is compatible with the noise
environment, by continuing to use potential noise exposure as a criterion in land use
planning.
Noise Policy 5.P.2: Require a noise study analysis be conducted for all discretionary
development proposals located where projected noise exposure would be other than
"normally acceptable."
A noise study was prepared by Ldn Consulting, Inc. (January 31, 2017) and determined
that the worst-case cumulative noise level from all roadways was found to be 65.0 dBA
CNEL and 85.0 dBA CNEL intermittently when the train is passing by. Standard building
construction will provide a noise reduction of approximately 12-15 dBA with a windows
open condition, and a minimum 20 dBA noise reduction with the windows closed. To
meet the 45 dBA CNEL interior noise standard, all glass assemblies facing or having a
direct line of site to the railroad tracks should be dual-paned and acoustical sealant
applied around the exterior edges having an STC 32 rating.
Housing Policy 10-P.15: Pursuant to the lnclusionary Housing Ordinance, require
affordability for lower income households of a minimum of 15 percent of all residential
ownership and qualifying rental projects.
With seven residential units proposed, one affordable housing unit is required of the
proposed project. The inclusionary housing requirement may be satisfied through the
purchase of housing credits. Providing an onsite affordable residential unit is not
financially feasible in a project of this size. By purchasing a housing credit, the city is
able to recover a portion of its cost of providing affordable housing opportunities to
low-income households. The project has been conditioned to require the execution of
an affordable housing agreement prior to recordation of the final map.
That the project is consistent with the Village Review Zone and the Village Master Plan and Design
Manual in that the project as designed is consistent with the development standards for Land
Use District 4, the Village Design Guidelines and other applicable regulations set forth in the
Village Master Plan and Design Manual as discussed in the staff report dated May 17, 2017.
The Developer/Property owner qualifies to participate in the Parking In-Lieu Fee Program and
participation in the program will satisfy the parking requirements for the project. Justification for
participation in the Parking In-Lieu Fee Program is contained in the following findings:
A. The project is consistent with Village Review Master Plan and Design Manual in that the
project assists in satisfying the goals and objectives through the following actions: 1)
The mixed-use project stimulates property improvements and new development in the
Village by constructing a new permitted mixed-use building in an area with a mix of
dated buildings and increasing the intensity of development within the Village, 2) It
establishes Carlsbad Village as a quality shopping, working and living environment by
providing new employment opportunities, increasing the number, quality, and diversity
of housing units within the Village, and reinforces the pedestrian environment within
the Village, and 3) Improves the physical appearance ofthe Village Area by redeveloping
an underutilized site on State Street with a new attractive building that adheres to the
land use regulations and design guidelines set forth for the area.
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B.
C.
D.
The proposed use is consistent with the goals and objectives set forth for Land Use
District 4 of the Village Master Plan and Design Manual in that the mixed-use
development not only provides mutually supportive uses in the form of residential, and
office uses on State Street, but reinforces the pedestrian-orientation desired for the
downtown area by providing new residents and employees an opportunity to walk to
local shopping, dining, recreation, and mass transit functions. Furthermore, its close
proximity to mass transit help to further the goal of providing new economic and
residential development near transportation corridors. The development will
contribute to the revitalization of the Village area in the form of a new building in a
residential support area of the Village, new office lease space, new employment
opportunities and new patrons.
Adequate parking is available within the Village to accommodate the project's parking
demands. A parking study was recently completed for the Village and Barrio areas and
parking occupancies were observed in the morning (9 A.M.), afternoon (1:00 P.M.), and
evening (7:00 P.M.). The highest occupancy for all public parking lots combined in the
Village was 72% at 1:00 P.M. in May of 2016. This utilization ratio allows for continued
implementation of the parking in-lieu fee program because it is less than the 85%
threshold for maximum utilization set by the City Council.
The In-Lieu Fee Program has not been suspended or terminated by the City Council.
13 Carlsbad Tract Map CT 2016-0002
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4.
5.
6.
7.
8.
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 project: Implements the goals and
policies of the General Plan as discussed in finding number one of this resolution, Is consistent
with all minimum requirements ofTitles 20 and 21 governing lot size and configuration, and has
been designed to comply with all applicable city regulations.
That the proposed project is compatible with the surrounding future land uses since surrounding
properties are designated for residential and office development on the General Plan and are
designated with a similar density of 28 -35 dwelling units per acre.
That the site is physically suitable for the type and density of the development since the site is
adequate in size and shape to accommodate residential development at the density proposed, in
that all required minimum development standards and design criteria required by thEj
applicable zoning ordinances are incorporated into the project.
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.
That the property is not subject to a contract entered into pursuant to the Land Conservation Act
of 1965 (Williamson Act).
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9.
10.
11.
12.
That the design of the subdivision provides, to the extent feasible, for future passive or natural
heating or cooling opportunities in the subdivision, in that structures are oriented for solar
exposure and to take advantage of prevailing breezes to the extent that is feasible given the
site's location. In addition, an uncovered interior courtyard is provided on levels two, three, and
four that will allow natural light into the areas of the units that face toward the interior of the
building.
That the Planning Commission has considered, in connection with the housing proposed by this
subdivision, the housing needs of the region, and balanced those housing needs against the public
service needs of the City and available fiscal and environmental resources and that the proposed
housing can be adequately served by the existing public services and no new facilities are
required.
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 project site has been previously developed and does not contain any sensitive
resources or habitat.
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.
14 City Council Policy No. 43, Allocation for Excess Dwelling Units
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13.
14.
15.
That the project location and density are compatible with the existing adjacent residential
neighborhoods and/or nearby existing or planned uses in that the project is consistent with the
adjacent mix of residential and commercial land uses and anticipated uses in that Land Use
District 4 of the Village Master Plan is intended to provide for a gradual transition to a mix of
higher quality commercial and residential uses which will provide support for the core of the
Village.
That the project location and density are in accordance with the applicable provisions of the
General Plan and any other applicable planning document, in that the Village Master Plan and
Design Manual designates District 4 with a residential density range of 28 to 35 dwelling units
per acre. The Village Master Plan implements the Village (V) General Plan Land Use designation.
A density range of 28 to 35 dwelling units per acre is allowed in District 4. Based on a net acreage
of 0.22 acres, the resulting minimum unit yield is 3.1 dwelling units and maximum yield is 7.7
units, or 7 units rounded. The proposal for seven residential units falls within the allowable
range (three to seven units) for the dwelling unit yield.
That there are an adequate number of units in the Excess Dwelling Unit Bank (EDUB) to allocate
seven units. The project is located in the Village Review Zone where a Growth Management
Control Point has not been established. Therefore seven residential units will be deducted from
the EDUB. Per the city's Quadrant Dwelling Unit Report (February 28, 2017), 657 units remain
available for allocation in the Village.
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California Environmental Quality Act:
16. 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 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.
General
17.
18.
19.
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.
B.
C.
The project has been conditioned to provide proof from the Carlsbad Unified School
District that the project has satisfied its obligation for school facilities.
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.
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.
That there have been sufficient developments approved in the quadrant at densities below the
control point to offset the units in the project above the control point so that approval will not
result in exceeding the quadrant limit;
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.
21 Conditions:
22 NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading
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or building permit, or recordation 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 Major Review Permit and
Tentative Tract Map.
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2.
3.
4.
5.
6.
7.
8.
9.
10.
Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Major Review Permit and Tentative Tract Map 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.
Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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.
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 Major Review Permit/Tentative Tract Map, (b) City's
approval or issuance of any permit or action, whether discretionary or nondiscretionary, in
connection with the use contemplated herein, and (c) Developer/Operator's installation and
operation of the facility permitted hereby, including without limitation, any and all liabilities
arising from the emission by the facility of electromagnetic fields or other energy waves or
emissions. This obligation survives until all legal proceedings have been concluded and continues
even if the City's approval is not validated.
Prior to submittal ofthe building plans, improvement plans, grading plans, or final map, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Tentative Map/Site
Plan, conceptual grading plan and preliminary utility plan reflecting the conditions approved by
the final decision making body. The copy shall be submitted to the city planner, reviewed and, if
found acceptable, signed by the city's project planner and project engineer. If no changes were
required, the approved exhibits shall fulfill this condition.
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.
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.
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.
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.
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11.
12.
13.
14.
15.
16.
Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFO
#1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section
5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone
1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If
the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall
become void.
Prior to the 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 Major Review
Permit and Tentative Tract Map 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.
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 Director of the
Community and Economic Department.
Developer shall construct, install, and stripe not less than 16 parking spaces, including one (1)
accessible parking space, as shown on Exhibit "B".
Prior to issuance of building permits, the Developer shall enter into a Parking In-Lieu Fee
Participation Agreement and pay the established Parking In-Lieu Fee for .f parking spaces. The
fee shall be the sum total of the fee per parking space in effect at the time of the building permit
issuance times the number of parking spaces needed to satisfy the project's parking
requirement.
The construction of the building shall incorporate all noise reduction measures identified in the
noise study prepared by Ldn Consulting (January 31, 2017). To meet the 45 dBA CNEL interior
noise standard, all glass assemblies facing or having a direct line of site to the railroad tracks
should be dual-paned and acoustical sealant applied around the exterior edges having an STC
32 rating.
Engineering:
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of
this proposed development, must be met prior to approval of a demolition permit, grading permit
or building permit, whichever comes first.
General
17. 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.
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18.
19.
20.
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.
Developer shall submit to the city engineer an acceptable instrument, via CC&Rs and/or other
recorded document, addressing the maintenance, repair, and replacement of shared private
improvements within this subdivision, including but not limited to private utilities, street trees,
landscaping, low impact development features, storm drain facilities located therein and to
distribute the costs of such maintenance in an equitable manner among the owners of the
properties within this subdivision.
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.
Fees/ Agreements
21.
22.
23.
Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
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.
Developer shall cause property owner to apply for, execute, and submit, to the city engineer for
recordation, an Encroachment Agreement covering private storm drain connections located over
existing public right-of-way or easements as shown on the tentative map. Developer shall pay
processing fees per the city's latest fee schedule.
16 Grading
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24.
25.
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.
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
26. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants of the above
requirements.
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27.
28.
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.
Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form.
Developer is responsible to ensure that all final design plans, grading plans, and building plans
incorporate applicable best management practices {BMPs). These BMPs include site design,
source control and Low Impact Design {LID) measures including, but not limited to, minimizing the
use of impervious area (paving), routing run-off from impervious area to pervious/landscape
areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or
signage all to the satisfaction of the city engineer.
Dedications/Improvements
29.
30.
31.
32.
Developer shall cause owner to dedicate to the city and/or other appropriate entities for the
public street & public utility purposes as shown on the tentative map. The offer shall be made by
a certificate on the final map. All land so offered shall be free and clear of all liens and
encumbrances and without cost to the city. Streets that are already public are not required to be
rededicated. Additional easements may be required at final design to the satisfaction of the city
engineer.
The existing drainage easement shall be quitclaimed as shown on the tentative map. The
quitclaim shall be included on the final map to the satisfaction of the city engineer.
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.
Developer shall design all proposed public improvements including but not limited to sewer
laterals, street trees, sidewalk, water services/meters as shown on the tentative map. These
improvements shall be shown on one of the following, subject to city engineer approval:
A. Grading plans processed in conjunction with this project; or
B. Construction Revision to an existing record public improvement drawing.
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.
Non-Mapping Notes
33. Add the following notes to the final map as non-mapping data:
A. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
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Utilities
34.
35.
36.
37.
B. Geotechnical Caution:
C.
D.
E.
i. 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.
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.
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.
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.
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. Fire hydrants, if
proposed, shall be considered public improvements and shall be served by public water mains to
the satisfaction of the district engineer.
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.
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.
Prior to using one potable water meter to serve a multi-ownership building, developer shall apply
for and receive approval from the utilities director. Upon application for and good cause shown,
the utilities director may allow a single potable water service connection and meter to a multi-
ownership building within this subdivision provided:
A. Developer shall record a deed restriction or other such document as approved by the
public works director and general counsel placing future owners on notice that each and
every residential or commercial/office unit is served by a single service connection and
meter, and in the event that the water bill is not paid by the party or entity responsible
for paying the monthly water service charges to CMWD for the respective building
occupied by the multi-ownership, CMWD may at its direction shut off the water service
to such multi-ownership building in accordance with CMWD adopted rules and
regulations.
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B. Developer shall install a private sub-meter for each separately established residence or
business within a multi-ownership building having a single potable water service
connection and meter.
If denied, developer shall revise all design drawings to provide separate potable water meters for
each separately owned unit within this subdivision per district requirements.
Code Reminder
38.
39.
40.
41.
42.
43.
Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required
by Chapter 20.44 of the Carlsbad Municipal Code.
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.
The project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 17.04.320.
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.
Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and
floor area contained in the staff report and shown on the tentative map are for planning purposes
only.
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 approval to protest imposition of these fees/exactions. If you protest
them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the
protest and any other required information with the City Manager for processing in accordance with
Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent
legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on May 17, 2017, by the following vote, to wit:
AVES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Segall, Commissioners Anderson, Goyarts, Montgomery,
Rodman and Siekmann
Commissioner Black
11 JEFF SEGALL, Chairperson
CARLSBAD PLANNING COMMISSION
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ATTEST:
DON NEU
City Planner
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