HomeMy WebLinkAbout2017-07-11; City Council; Resolution 2017-139RESOLUTION NO. 2017-139
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DENYING THE APPEAL AND UPHOLDING THE DECISION OF THE
PLANNING COMMISSION TO APPROVE A SITE DEVELOPMENT PLAN,
COASTAL DEVELOPMENT PERMIT AND MINOR SUBDIVISION TO ALLOW FOR
THE DEMOLITION OF 44 RESIDENTIAL UNITS AND THE CONSTRUCTION OF A
93-UNIT APARTMENT (92 AFFORDABLE UNITS) DEVELOPMENT, INCLUDING
A DEVELOPMENT STANDARDS MODIFICATION, AND A STREET
ABANDONMENT FOR A PORTION OF HARDING STREET NEAR THE
INTERSECTION OF CAROL PLACE, IN THE RESIDENTIAL-DENSITY MULTIPLE
ZONE IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: PACIFIC WIND
CASE NO.: SDP 15-18/CDP 16-04/MS 16-01 (DEV 15-058)
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 April 5, 2017 and April 19, 2017,
hold a duly noticed public hearing as prescribed by law to consider Site Development Plan SDP 15-18,
Coastal Development Permit 16-04, and Minor Subdivision 16-01, as referenced in Planning
Commission Resolution No. 7233 approving the project; and
WHEREAS, the Planning Commission voted 4-2-1 (Anderson, Black, Rodman, and Siekmann
voting yes, and Montgomery and Segall voting no) with Commissioner Goyarts absent; and
WHEREAS, on April 28, 2017, the appellant Fred M. Johnson, timely filed an appeal with the city
as provided pursuant to Chapter 21.54 of the Carlsbad Municipal Code; and
WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing to consider
the appeal of the decision of the Planning Commission to approve said Site Development Plan, Coastal
Development Permit, and Minor Subdivision; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all persons desiring to be hear, said City Council considered all factors relating to the appeal.
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 appeal of the Planning Commission's decision is denied, and that the findings
contained in Planning Commission Resolution No. 7233 on file in the City Clerk's office and incorporated
herein by reference are the findings and conditions of the City Council.
EXHIBIT I
3. That this action is final the date this resolution is adopted by the City Council. The
provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply:
"NOTICE TO APPLICANT"
The time within which judicial review of this decision must be sought is governed by
Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by
Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the
appropriate court not later than the ninetieth day following the date on which this decision becomes
final; however, if within ten days after the decision becomes final a request for the record is filed with
a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time
within which such petition may be filed in court is extended to not later than the thirtieth day following
the date on which the record is either personally delivered or mailed to the party, or his attorney of
record, if he has one. A written request for the preparation of the record of the proceedings shall be
filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA, 92008.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 11th day of !!!!Y, 2017, by the following vote, to wit:
AYES:
NOES:
ABSENT:
M. Hall, K. Blackburn, M. Packard.
M. Schumacher, C. Schumacher.
None.
(SEAL)
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EXHIBIT 5
PLANNING COMMISSION RESOLUTION NO. 7233
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN SDP 15-18, COASTAL
DEVELOPMENT PERMIT CDP 16-04 AND MINOR SUBDIVISION MS 16-01 TO
ALLOW FOR THE DEMOLITION OF 44 RESIDENTIAL UNITS AND THE
CONSTRUCTION OF A 93-UNIT APARTMENT (92 AFFORDABLE UNITS)
DEVELOPMENT, INCLUDING DEVELOPMENT STANDARDS MODIFICATIONS,
AND A STREET VACATION FOR A PORTION OF HARDING STREET NEAR THE
INTERSECTION OF CAROL PLACE, IN THE RESIDENTIAL-DENSITY MULTIPLE
ZONE IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: PACIFIC WIND
CASE NO.: SDP 15-18/CDP 16-04/MS 16-01 (DEV 15-058)
I
WHEREAS, Harding Street Neighbors, LP, "Owner/Developer," has filed a verified
application with the City of Carlsbad regarding property described as
PARCEL A:
LOTS 1 TO 9, INCLUSIVE, 11 TO 13 INCLUSIVE, AND 24 TO 33 INCLUSIVE,
OF PALM VISTA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 2969,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, MARCH 16, 1953. EXCEPTING THEREFROM THAT PORTION
DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY
CORNER OF LOT 13 OF PALM VISTA, ACCORDING TO MAP THEREOF NO.
2969; THENCE ALONG THE EASTERLY LINE OF SAID LOT 13, SOUTH
19°17'11" EAST 161.15 FEET TO THE SOUTHEASTERLY CORNER OF SAID
LOT 13, SAID POINT BEING ALSO THE EASTERLY CORNER OF SAID LOT
14; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 14, SOUTH
61°51'52" WEST 68.06 FEET; THENCE NORTH 08°26'25" WEST 42.85
FEET; THENCE NORTH 14°49'18" WEST 95.30 FEET; THENCE NORTH
25°13'44" WEST 26.19 FEET TO A POINT IN THE NORTHWESTERLY LINE
OF SAID LOT 13, SAID POINT BEARS SOUTH 61°51'52" WEST 55.14 FEET
FROM SAID MOST NORTHERLY CORNER; THENCE ALONG SAID
NORTHWESTERLY LINE NORTH 61°51'52" EAST 55.14 FEET TO THE
POINT OF BEGINNING. FURTHER EXCEPTING THEREFROM, THOSE
PORTIONS OF LOTS 8, 9, 11 AND 12 AS CONVEYED TO THE STATE OF
CALIFORNIA FOR HIGHWAY PURPOSES AS DESCRIBED IN DEED
RECORDED AUGUST 24, 1967 AS FILE NO. 127829 OF OFFICIAL RECORDS
OF SAID COUNTY.
APN(s): 204-292-01 (LOT 1); 204-292-02-00 (LOT 2); 204-292-10-00 (LOT
3); 204-292-11-00 (LOT 4);
204-292-12-00 (LOT 5); 204-292-13-00 (LOT 6); 204-292-14-00 (LOT 7);
204-292-17-00 (LOT 8);
204-292-18-00 (LOT 9); 204-292-20-00 (LOT 11); 204-292-21-00 (LOT 12);
204-292-22-00 (LOT 13);
204-291-27-00 (LOT 24); 204-291-26-00 (LOT 25); 204-291-25-00 (LOT
26); 204-291-24-00 (LOT 27);
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204-291-23-00 (LOT 28); 204-291-19-00 (LOT 29); 204-291-20-00 (LOT
30); 204-291-21-00 (LOT 31);
204-291-22-00 (LOT 32); 204-291-14-00 (LOT 33)
PARCEL B:
THAT PORTION OF LOT 236 OF THUM LANDS, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE CENTER LINE OF MAGNOLIA AVENUE,
DISTANT THEREON SOUTH 61°21' WEST, 446.86 FEET FROM ITS
INTERSECTION WITH THE CENTER LINE OF ADAMS STREET, SAID POINT
OF BEGINNING BEING THE MOST WESTERLY CORNER OF THE LAND
CONVEYED BY THE SOUTH COAST LAND COMPANY TO DEAN F. PALMER,
BY DEED DATED MAY 5, 1927, AND RECORDED IN BOOK 1335, PAGE 384
OF DEEDS, RECORDS OF SAID COUNTY; THENCE ALONG THE
SOUTHWESTERLY LINE OF THE LAND AS CONVEYED TO SAID PALMER
AND THE SOUTHEASTERLY PROLONGATION OF SAID LINE, SOUTH 28°39'
EAST, A DISTANCE OF 487.47 FEET, MORE OR LESS, TO AN
INTERSECTION WITH THE NORTHEASTERLY PROLONGATION OF THE
NORTHWESTERLY LINE OF THE LAND CONVEYED BY SOUTH COAST
LAND COMPANY TO LAURA JONES BY DEED DATED MAY 14, 1929, AND
RECORDED IN BOOK 1629, PAGE 431 OF DEEDS, RECORDS OF SAID
COUNTY; THENCE ALONG SAID PROLONGATION AND THE
NORTHWESTERLY LINE OF THE LAND SO CONVEYED TO SAID JONES,
SOUTH 61 °21' WEST, A DISTANCE OF 536.38 FEET, MORE OR LESS, TO A
POINT ON THE NORTHEASTERLY LINE OF THE LAND CONVEYED BY
SOUTH COAST LAND COMPANY TO P.J. WHELDON AND MARY H.
WHELDON BY DEED DATED JULY 7, 1926, AND RECORDED IN BOOK
1180, PAGE 463 OF DEEDS, RECORDS OF SAID COUNTY; THENCE ALONG
THE SAID NORTHEASTERLY LINE OF THE LAND SO CONVEYED TO SAID
WHELDON AND ALONG THE NORTHWESTERLY PROLONGATION
THEREOF, NORTH 28°39' WEST, A DISTANCE OF 487.47 FEET, MORE OR
LESS, TO A POINT ON THE CENTER LINE OF MAGNOLIA AVENUE; THENCE
ALONG SAID CENTER LINE NORTH 61°21' EAST, A DISTANCE OF 536.38
FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING NORTHEASTERLY OF
THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT IN THE NORTHWESTERLY BOUNDARY OF LOT 8
OF PALM VISTA, ACCORDING TO THE MAP THEREOF NO. 2969, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
MARCH 16, 1953, SAID POINT BEARS SOUTH 61°58'46" WEST, 71.99
FEET FROM THE MOST NORTHERLY CORNER OF SAID LOT 8; THENCE (1)
NORTH 22°36'42" WEST, 359.22 FEET; THENCE (2) NORTH 18°34'28"
WEST, 131.94 FEET TO A POINT IN THE CENTER LINE OF MAGNOLIA
AVENUE, LAST SAID POINT BEARS NORTH 61°54'01" EAST, 162.74 FEET
FROM THE INTERSECTION OF SAID CENTER LINE AN THE CENTER LINE
OF HARDING STREET, FORMERLY 5TH STREET, AS SAID STREET IS
PC RESO NO. 7233 -2-
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SHOWN ON THE RESUBDIVISION OF A PORTION OF ALLES AVOCADO
ACRES, ACCORDING TO THE MAP THEREOF NO. 2027, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 17,
1927.
APN(s): 204-292-16-00
PARCEL E:
LOT 10 OF PALM VISTA IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2969,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, MARCH 16, 1953.
EXCEPT THEREFROM THAT PORTION CONVEYED TO THE STATE OF
CALIFORNIA, PER GRANT DEED RECORDED MAY 9, 1967, AS
INSTRUMENT NO. 64674, OFFICIAL RECORDS
APN(s): 204-292-19-0
("the Property"); and
WHEREAS, said verified application constitutes a request for a Site Development Plan,
Coastal Development Permit, and Minor Subdivision as shown on Exhibits "A" -"RR" dated April 5, 2017,
on file in the Planning Division, SDP 15-18/CDP 16-04/MS 16-01-PACIFIC WIND as provided by Chapter
21.06, Chapter 21.53.120, Chapter 21.201.030, Chapter 20.24, and Chapter 20.28 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on April 5, 2017 and April 19, 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 all persons desiring to be heard, said Commission considered all factors relating to
the Site Development Plan, Coastal Development Permit, and Minor Subdivision.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Planning Commission
APPROVES SDP 15-18/CDP 16-04/MS 16-01 -PACIFIC WIND based on the following
findings and subject to the following conditions:
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Findings:
Site Development Plan (SDP 15-18)
1. 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 April 5,
2017 including, but not limited to the following:
A. Land Use Goal 2-G.3: Promote infill development that makes efficient use of limited land
supply, while ensuring compatibility and integration with existing uses. Ensure that infill
properties develop with uses and development intensities supporting a cohesive
development pattern. The applicant is proposing to redevelop an infill site in the Barrio that
is underutilized as it relates to density. The Barrio is an appropriate location for dense
development because of its connection to commercial services in the Village, as well as easy
access to nearby public transit and Interstate 5. The project site is identified in Figure 10-1
(Housing Element Sites Inventory) of the General Plan as an underutilized site for lower and
moderate income housing. Further, the project falls within the density range (23 du/ac -
30 du/ac) for the R-30 General Plan Land Use designation and is consistent with the
development standards of the RD-M zone.
B. Housing Goal 10-G.3: Sufficient new, affordable housing opportunities in all quadrants of the
city to meet the needs of current lower and moderate income households and those with
special needs, and a fair share proportion of future lower and moderate income households.
Housing Policy 10-P.19: Address the unmet needs of the community through new
development and housing that is set aside for lower and moderate income households
consistent with priorities set by the Housing and Neighborhood Services Division, and as set
forth in the city's Consolidated Plan. The proposed project will provide 92 affordable
housing units dedicated to low income households. Low-income is defined as households
that earn 80 percent of the median income for the area. Income limits are adjusted for
household size so that larger families may have higher income limits.
C. Housing Policy 10-P.20: Encourage the development of an adequate number of housing units
suitably sized to meet the needs of lower and moderate income larger households. The
proposed affordable apartment project will provide 92 affordable apartments dedicated
towards low-income households, with 18 two-bedroom units and 54 three-bedroom units
being provided, which constitutes 77.4% of the total units. The larger units will meet the
needs of larger household sizes.
D. Mobility Goal 3-G.5: Implement transportation demand and traffic signal techniques to
improve mobility. Mobility Policy 3-P.5: Require developers to construct or pay their fair
share towards improvements for all travel modes consistent with the Mobility Element, the
Growth Management Plan, and specific impacts associated with their development. Mobility
Policy 3-P.8: Utilize transportation management strategies, non-automotive enhancements
(bicycle, pedestrian, transit, train, trails, and connectivity), and traffic signal management
techniques as long-term transportation solutions and traffic mitigation measures to carry out
the Carlsbad Community Vision. The applicant will be required to pay traffic impact fees
prior to issuance of building permit that will go towards future road improvements.
Additionally, the developer is required to pay a fair share contribution of the total design
and construction cost to modify the traffic signal and related pavement striping at the
intersection of Jefferson Street and Tamarack Avenue to convert the signal to eight phases
with protected left turns in northbound and southbound directions on Jefferson Street.
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2.
E. Mobility Policy 3-P.26: Identify and implement necessary pedestrian improvements on
streets where pedestrians are to be accommodated per Table 3-1, with special emphasis on
providing safer access to schools, parks, community recreation centers, shopping districts,
and other appropriate facilities. Mobility Policy 3-P.32: Require developers to improve
pedestrian and bicycle connectivity with the city's bicycle and pedestrian master plans and
trails master planning efforts. In addition, new residential developments should demonstrate
that a safe route to school and transit is provided to nearby schools and transit stations within
a half mile walking distance. The project has been conditioned to: (1) Provide pedestrian
and bicycle improvements on Jefferson Street, including the replacement of the striped
crosswalk on Jefferson Street at the intersection of Carol Place and Jefferson Street with a
raised crosswalk approved by a Certified Access Specialist (CASp), (2) Install bike route
signage for a Class Ill bikeway route consistent with the City of Carlsbad Bikeway Master
Plan on Jefferson Street between Anchor Way and Tamarack Avenue, (3) Upgrade as
needed, the pedestrian ramps at the northerly end of Harding Street and the westerly end
of Carol Place to current American Disability Act (ADA) standards, all subject to approval by
a Certified Access Specialist (CASp).
F. Public Safety Policy 6-P.28: Encourage physical planning and community design practices
that deter crime and promote safety. The project has been designed to prevent crime and
has incorporated design review recommendations from the Police Department. For
example, fencing and walls are used around the perimeter of the property to discourage
access to unmonitored areas and to define and outline the property. Also, the parking area
will be gated and secured 24 hours a day.
G. 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 analysis was prepared by BridgeNet International (September 4, 2015)
and determined that a Sound Transmission Class (STC) rating of 40 will be needed for the
glass window assemblies in buildings two through six.
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 project site is located within an urbanized area and involves the redevelopment of a infill
lot which is located in close proximity to commercial/retail services, professional offices, social
and community services, and public transportation. The proposed 93-unit multi-family
residential use will not be detrimental to existing uses or to uses specifically permitted in the
area in which the use is located in that multi-family residential is a use permitted within the
Residential-Density Multiple (RD-M) Zone and is compatible with other residential uses
surrounding the project site. The proposed project density of 23 dwelling units per acre is within
the density range (23 du/ac -30 du/ac) for the R-30 General Plan Land Use designation and the
development meets the development standards for the RD-M zone. According to the traffic
study prepared by Urban Crossroads (November 29, 2016) the abandonment of Harding street
will have a nominal impact to the traffic on Jefferson Street. Traffic counts were conducted on
Harding Street and Carol Place to determine cut-through vehicular traffic between Magnolia
Avenue and Jefferson Street, 24 hours a day, for a week straight (November 1, 2016 -November
7, 2016) when Jefferson Elementary School was in session. It was found that an average of 171
vehicles per day would be rerouted to Jefferson Street, which represents approximately 2.3%
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of the overall traffic on Jefferson Street. Additionally, the rerouting of the traffic was evaluated
in the peak hour intersection analysis and the intersection of Jefferson Street and Magnolia
Avenue was found to operate at acceptable levels of service.
That the site for the intended development or use is adequate in size and shape to accommodate
the use, in that the 93-unit apartment project complies with the development standards of the
Residential-Density Multiple (RD-M) Zone and Carlsbad Municipal Code, except for a requested
development standard modification to allow a reduction in the required number of parking
spaces. Justification for allowing the development standard modification is further discussed
in finding number six of this resolution.
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 93-unit apartment project complies
with all of the minimum development standards of the Residential-Density-Multiple (RD-M)
Zone and the Carlsbad Municipal Code, except for a requested development standard
modification to allow a reduction in the required number of parking spaces. Justification for
allowing the development standard modification is further discussed in finding number six of
this resolution. Landscaping throughout the project site will be provided consistent with the
requirements of the city's Landscape Manual.
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 93-unit apartment project will take access
via Harding Street on Magnolia Avenue and Carol Place on Jefferson Street. According to a
traffic study prepared by Urban Crossroads (November 29, 2016), all of the study area
intersections were found to operate at an acceptable level of service (LOS) during one or both
the AM and PM peak hours. As the project is located across the street to Jeffersoh Elementary
School, the AM (7-9 AM) and PM (2-4 PM) were chosen to reflect school drop-off and pick-up
times. Furthermore, the intersection analysis results indicates that the addition of project
traffic is not anticipated to result in an LOS deficiency. Therefore, the surrounding streets and
intersections are designed to adequately handle the 206 Average Daily Trips (ADT) generated
by the project and the daily average of 171 vehicles added to Jefferson Street as a result of the
Harding Street abandonment.
-That with the application of the development standard modification, 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. A development standard
modification is appropriate for the site in that:
A. The proposal to reduce the required parking spaces from 199 to 165 is supported by the
project's proximity to goods and services as well as public transit. Studies acknowledge that
affordable housing in close proximity to transit and services are candidates for a lesser parking
demand. The project applicant is an affordable housing developer and manager that has
other properties and experience with onsite parking demand. That experience has shown
that the absence of guest parking spaces onsite at a rate of one per four dwellings is not a
demand that needs to be satisfied. The developer has submitted a parking summary showing
the parking utilization for properties they own throughout Southern California. That summary
found that an average parking rate of .64 spaces per one-bedroom unit, 1.41 spaces per two-
bedroom unit, and 1.81 per three-bedroom unit is needed. Based off these numbers, 137
parking spaces would be required of the proposed development. Moreover, parking is
managed at the properties in such a way that each unit is assigned a parking permit to park
one vehicle, and based upon need, a second parking permit can be assigned for a two-
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bedroom or three-bedroom unit. The developer has found that not every one bedroom unit
utilizes a parking permit, and not every two-bedroom and three-bedroom unit utilizes two
parking permits. The excess parking that is not used through the permit system becomes
available as guest parking. The parking summary is attached to the staff report for reference.
Additionally, parking studies were conducted by Linscott, Law, and Greenspan Engineers at
similar affordable housing developments (Glen Ridge Apartments and Hunter's Point
Apartments) for the Quarry Creek affordable housing development what was approved with
a parking reduction on March 16, 2016. That parking study found that the Hunter's Pointe
property had 197 spaces occupied out of the 378 parking spaces at the peak parking time at
9:00 P.M. on a Monday evening with a parking rate of 1.17 spaces per unit. The parking study
for the Glen Ridge apartments indicates that at the peak parking time on a Sunday at 9:00
. P.M., 124 spaces out of 150 were occupied with a parking rate of 1.59 spaces per unit. Using
the parking rate for Hunter's Pointe, 109 parking spaces would be required of the project, and
148 would be required using the parking rate for Glen Ridge. The parking studies are attached
to the staff report for reference.
The City of San Diego published an Affordable Housing Parking Study (WilburSmith Associates)
in December 2011, for use in developing a regulatory framework for parking requirements in
affordable housing developments. Field observations were conducted at 21 sites, and a
parking model was developed based upon the findings in the analysis. It was recommended
that the parking model be used to create a look-up table of new affordable housing parking
requirements. The parking requirements were determined based on the type of affordable
housing and its context regarding transit availability and walkability. The parking model has
three parking rates; low, medium, and high. The low parking rate would be a location in a
more suburban setting that isn't walkable and not accessible to transit. The high rate would
be a setting in an urban location that is walkable with access to transit. Taking the
conservative approach and using the low parking rate, the proposed project would require
158 parking spaces using the parking model in the study. The parking model is attached to the
staff report for reference.
Further, although a density bonus has not been requested, the parking ratios for housing
developments identified in Table E of the Density Bonus ordinance are the same as the
developer is proposing (165 spaces) for this affordable apartment project. The project does
qualify for a density bonus if it were to be requested by the developer. Table F of the staff
report summarizes the parking rates and requirements using the above-mentioned sources.
A standards modification for reduced parking is supported by the city's Housing Policy Team.
That the proposed project helps achieve the city's affordable housing goals as set forth in the
Housing Element of the General Plan by providing an affordable apartment project with 92 of
the 93 units designated as affordable to very low and extremely low income households. Per
the Regional Housing Needs Assessment (RHNA), the City of Carlsbad is expected to produce
912 housing units for very low income households for the reporting period of January 1, 2010
to December 31, 2020. As of the latest Housing Element Progress Report for 2015, 35 units for
low income households have been permitted with 877 units remaining. The proposed 92-unit
affordable apartment units will reduce the amount of remaining units and help the city achieve
its affordable housing goals.
That the Housing Policy Team has reviewed the applicant's pro forma and has recommended
that the parking reduction is necessary to make the project feasible and to allow the project to
be developed to satisfy the City's need to provide housing which is affordable to low-income
households.
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Coastal Development Permit {CDP 16-04)
9.
10.
11.
That the proposed development is in conformance with the Certified Local Coastal Program and
all applicable policies in that the proposed building will not obstruct views of the coastline as
seen from public lands or the public right of way or otherwise damage the visual beauty of the
coastal zone. The project is consistent with the surrounding development of residential
buildings. No agricultural uses currently exist on the site, and the property is not within the
Coastal Agricultural Overlay Zone that would require mitigation for conversion to urban uses.
There are no sensitive coastal resources within the property and the site is not located in an
area of known geologic instability or flood hazard.
The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that no public opportunities for coastal shoreline access are available from the
subject site and no public access requirements are conditioned for the project since it is not
located between the first public road and the ocean. The residentially designated site is not
suited for water-oriented recreation activities.
The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master
Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional
Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants, and soil
erosion. No steep slopes or native vegetation is located on the subject property and the site is
not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or
liquefaction.
Minor Subdivision {MS 16-01)
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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 of Titles 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 development on the General Plan and are designated
with a similar density of 23-30 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 the
applicable zoning ordinances are incorporated into the project except for a requested
development standards modification to allow a reduction in the required number of parking
spaces. Justification for allowing the development standards modification is further discussed
in finding number six of this resolution.
15. 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.
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That the property is not subject to a contract entered into pursuant to the Land Conservation
Act of 1965 (Williamson Act).
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 units are designed to allow for solar
exposure and take advantage of prevailing breezes.
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 and sensitive
resources of 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.
That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
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 exempt from the requirement for preparation of environmental documents pursuant
to Sections 21159.21 and 21159.23 of the California Public Resources Code ("CEQA) and the
implementing guidelines at Section 15194 of the State CEQA Guidelines as an affordable housing
project. In making this determination, the City Planner has found that the criteria listed in Section
15192 of the State CEQA Guidelines have been met.
Section 15194 states that CEQA does not apply to any development project that meets specific
criteria. Each of the criteria set forth in Section 15194 is set out below and an explanation
provided demonstrating how the project meets and satisfies the criteria. The criteria set out in
Section 15194 are the same criteria set forth in CEQA Section 21159.23 and the findings set forth
herein satisfy both Section 15194 of the CEQA Guidelines and CEQA Section 21159.23.
(a) The project meets the threshold criteria set forth in [CEQA Guidelines] section 15192.
The Section 15192 analysis is provided at the end of this discussion.
(b) The project meets the following size criteria: the project site is not more than five acres in
area.
Finding: The project site is 4.04 acres in size.
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(c) The project meets both of the following requirements regarding location:
{1) The project meets one of the following location requirements relating to population
density:
A. The project site is located within an urbanized area or within a census-defined place
with a population density of at least 5,000 persons per square mile.
B. If the project consists of 50 or fewer units, the project site is located within an
incorporated city with a population density of at least 2,500 persons per square mile
and a total population of at least 25,000 persons.
C. The project is located within either an incorporated city or a census defined place with
a population density of at least 1,000 persons per square mile and there is no
reasonable possibility that the project would have a significant effect on the
environment or the residents of the project due to unusual circumstances or due to
the related or cumulative impacts of reasonably foreseeable projects in the vicinity of
the project.
Finding: The project is located in the City of Carlsbad in an urbanized, developed area and falls
within the population density described in Section (c)(l)(C). The Project proposes the
replacement of existing residences with new multi-family residences. The City has reviewed a
Focused Traffic Impact Analysis and has concluded that project presents no significant impacts.
The City has not identified any unusual circumstances or cumulative impacts that would result in
significant impacts. Although the Project proposes the vacation of a portion of Harding Street,
the City has reviewed a circulation study that examines the impact of the proposed vacation and
determined that no adverse impacts would result to traffic circulation or parking.
(2) The project meets one of the following site-specific location requirements:
A. The project site has been previously developed for qualified urban uses; or
B. The parcels immediately adjacent to the project site are developed with qualified
urban uses.
C. The project site has not been developed for urban uses and all of the following
conditions are met:
1. No parcel within the site has been created within 10 years prior to the proposed
development of the site.
2. At least 75 percent of the perimeter of the site adjoins parcels that are developed
with qualified urban uses.
3. The existing remaining 25 percent of the perimeter of the site adjoins parcels that
have previously been developed for qualified urban uses.
Finding: "Qualified urban use" means any residential, commercial, public institutional, transit or
transportation passenger facility, or retail use, or any combination of those uses (CEQA Guidelines
Section 1519l(k)). The project satisfies criteria (2)(A) because the project site is currently
developed with residential uses which is a "qualified urban use." The project also satisfies criteria
(2)(8) because the immediately adjacent pa rcels to the project site are developed res idential uses
and a school, both of which are considered "qualified urban uses."
D. The project meets both of the following requirements regarding provision of
affordable housing.
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1. The project consists of the construction, conversion, or use of residential housing
consisting of 100 or fewer units that are affordable to low-income households.
2. The developer of the project provides sufficient legal commitments to the
appropriate local agency to ensure the continued availability and use of the
housing units for lower income households for a period of at least 30 years, at
monthly housing costs deemed to be "affordable rent" for lower income, very
low income, and extremely low income households, as determined pursuant to
Section 50053 of the Health and Safety Code.
Finding: The Project consists of the construction of 92 units of affordable residential housing that
will be made available to low-income households. The development includes. a unit for the
project's resident managers. The project will be restricted to lower income households for a
period of 55 years by the Affordable Housing Agreement as well as the California Tax Credit
Allocation Committee and will be developed consistent with the City regulatory agreement for
this affordable housing development.
Section 15192 Compliance
CEQA Guidelines Section 15192 sets forth additional criteria which must be met for a project to
be exempt from CEQA. These criteria are the same as those set forth in CEQA Section 21159.21,
and the finding set forth herein satisfy the requirement of both CEQA Section 21159.21 and CEQA
Guidelines Section 15192. tn order to qualify for an exemption set forth in sections 15193, 15194
or 15195, a housing project must meet all of the threshold criteria set forth below.
(a) The project must be consistent with:
(1) Any applicable general plan, specific plan, or local coastal program, including any
mitigation measures required by such plan or program, as that plan or program existed
on the date that the application for the project pursuant to Section 65943 of the
Government Code was deemed complete; and
Finding: The project site is designated "R-30, Residential 23-30 du/ac" in the City's General Plan
and Local Coastal Program. The project's density is 23 du/acre and is consistent with the General
Plan and Local Coastal Program.
(2) Any applicable zoning ordinance, as that zoning ordinance existed on the date that the
application for the project pursuant to Section 65943 of the Government Code was
deemed complete, unless the zoning of project property is inconsistent with the general
plan because the project property has not been rezoned to conform to the general plan.
Finding: The project site is designated RD-M, Residential Density-Multiple and is consistent with
the development standards set forth in the Section 21.24 of the Carlsbad Zoning Code.
(b) Community-level environmental review has been adopted or certified.
Finding: In accordance with CEQA Guidelines Section 15191(c)(l), "Community-level
environmental review" includes an EIR certified on a lead agency's General Plan. The City
conducted a comprehensive General Plan update in 2015 and certified an environmental impact
report in connection with the General Plan update. The project is consistent with the land uses
set forth in the General Plan. The process of revising the General Plan began nearly eight years
ago, including a two-year public involvement process called Envision Carlsbad. Envision Carlsbad
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was an extensive community visioning and outreach effort that involved more than 8,000
residents, 100 community groups and organizations, scores of business owners and elected
officials and city staff members.
(c) The project and other projects approved prior to the approval of the project can be adequately
served by existing utilities, and the project applicant has paid, or has committed to pay, all
applicable in-lieu or development fees.
Finding: The project site is in an urbanized area already developed with residential uses served
by existing utilities which are sufficient to serve the proposed project. Any development fees for
utility connections will be paid by the project applicant, if required by the City.
( d) The site of the project:
(1) Does not contain wetlands, as defined in Section 328.3 of Title 33 of the Code of Federal
Regulations.
Finding: The project site is in an urbanized area already developed with residential uses and
adjacent to a school. No wetlands are present on the project site.
(2) Does not have any value as an ecological community upon which wild animals, birds,
plants, fish, amphibians, and invertebrates depend for their conservation and protection.
Finding: The project site is in an urbanized area already developed with residential uses and
adjacent to a school. It does not provide wildlife habitat.
{3} Does not harm any species protected by the federal Endangered Species Act of 1973 (16
U.S.C. Sec. 1531 et seq.) or by the Native Plant Protection Act {Chapter 10 (commencing
with Section 1900} of Division 2 of the Fish and Game Code}, the California Endangered
Species Act (Chapter 1.5 (commencing with Section 2050} of Division 3 of the Fish and
Game Code.
Finding: The project site is in an urbanized area already developed with residential uses and
adjacent to a school. The project site does not provide habitat for any listed or protected species.
{4} Does not cause the destruction or removal of any species protected by a local ordinance
in effect at the time the application for the project was deemed complete.
Finding: The project site is in an urbanized area already developed with residential uses and
adjacent to a school. The project site does not provide habitat for any locally-protected species.
(e) The site of the project is not included on any list of facilities and sites compiled pursuant to
Section 65962.5 of the Govern'ment Code.
Finding: The project site is not on any list compiled pursuant to Section 65962.5 of the
Government Code.
(f) The site of the project is subject to a preliminary endangerment assessment prepared by a
registered environmental assessor to determine the existence of any release of a hazardous
substance on the site and to determine the potential for exposure of future occupants to
significant health hazards from any nearby property or activity. In addition, the following
steps have been taken in response to the results of this assessment:
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(1) If a release of a hazardous substance is found to exist on the site, the release shall be
removed, or any significant effects of the 'release shall be mitigated to a level of
insignificance in compliance with state and federal requirements.
(2) If a potential for exposure to significant hazards from surrounding properties or activities
is found to exist, the effects of the potential exposure shall be mitigated to a level of
insignificance in compliance with state and federal requirements.
Finding: A Phase I environmental assessment was prepared, and no environmental conditions
requiring remedial measures were identified.
(g) The project does not have a significant effect on historical resources pursuant to Section
21084.1 of the Public Resources Code.
Finding: The project site is in an urbanized area already developed with residential uses and
adjacent to a school. None of the existing structures on the site are considered historical
resources pursuant to Section 21084.1 of the Public Resources Code.
(h) The project site is not subject to wild/and fire hazard, as determined by the Department of
Forestry and Fire Protection, unless the applicable general plan or zoning ordinance contains
provisions to mitigate the risk of a wild/and fire hazard.
Finding: The project site is in an urbanized area already developed with residential uses and
adjacent to a school.
(i) The project site does not have an unusually high risk of fire or explosion from materials stored
or used on nearby properties.
Finding: The project site is in an urbanized area already developed with residential uses and
adjacent to a school. There are no industrial or manufacturing uses adjacent to the project site
that would pose a risk of high fire or explosion.
(j) The project site does not present a risk of a public health exposure at a level that would exceed
the standards established by any state or federal agency.
Finding: The project proposes the development of93 residential units on a site already developed
with residences.
(k) Either the project site is not within a delineated earthquake fault zone or a seismic hazard
zone, as determined pursuant to Section 2622 and 2696 of the Public Resources Code
respectively, or the applicable general plan or zoning ordinance contains provisions to mitigate
the risk of an earthquake or seismic hazard.
Finding: The project site is not within a delineated earthquake fault zone. The project site is in
an urbanized area already developed with residential uses and adjacent to a school.
(I) Either the project site does not present a landslide hazard, flood plain, flood way, or restriction
zone, or the applicable general plan or zoning ordinance contains provisions to mitigate the
risk of a landslide or flood.
Finding: The project site is not within a landslide hazard, flood pla in, flood way or restriction zone.
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(m) The project site is not located on developed open space.
Finding: The project site is an urbanized area developed for residential uses.
(n) The project site is not located within the boundaries of a state conservancy.
Finding: The project is located in the City of Carlsbad; no State conservancy land is involved.
(o) The project has not been divided into smaller projects to qualify for one or more of the
exemptions set forth in sections 15193 to 15195.
Finding: The whole of the project is being considered in the application before the City. The
project proposes the development of 93 residential units on a 4.04 acre site.
The proposed apartment project is in compliance with the City of Carlsbad's Climate Action Plan
(CAP) in that a multi-family housing development with less than 70 dwelling units does not meet
the screening threshold to require a greenhouse gas (GHG) analysis. The California Air Pollution
Control Officers Association (CAPCOA) has published screening thresholds to guide agencies in
determining which projects require greenhouse gas analysis and mitigation for significant impacts
related to climate changes. With this guidance, the city has determined that new development
projects emitting less than 900 MTC02e annual GHG would not contribute considerably to climate
change impacts, and therefore do not need to demonstrate consistency with the CAP. A multi-
family development of more than 70 dwelling units would exceed the threshold and would be
subject to CAP measures. The 93-unit apartment project has a net increase of 49 units, and is
therefore not subject to CAP measures.
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed to
mitigate impacts caused by or reasonably related to the project, and the extent and the degree
of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading
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1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the City shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or further
condition all certificates of occupancy issued under the authority of approvals herein granted;
record a notice of violation on the property title; institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. No vested rights are gained
by Developer or a successor in interest by the City's approval of this Site Development
Plan/Coastal Development Permit/Minor Subdivision.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Site Development Plan/Coastal Development Permit/Minor Subdivision
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.
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Developer shall comply with all applicable provisions of fede ral, state, and local laws and
regulations in effect at the time of bu ilding 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 Site Development Plan/Coastal Devel opment
Permit/Minor Subdivision, (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 of the bu ilding plans, improvement plans, grading plans, or final map, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Site Plan,
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.
Bu ilding 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.
Developer shall pay the citywide Public Facilities Fee imposed by City Council Po licy #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 pa id, this approval will not be consistent with the General Plan and shall
become void.
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Prior to the issuance of the building permit, Developer shall submit to the City a Notice of
Restriction executed by the owner of the rea l 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 a.nd successors in interest that the City of Carlsbad has issued a Site
Development Plan/Coastal Development Permit/Minor Subdivision by Resolution No. 7233 on
the property. Said Notice of Restriction shall note the property description, location of the fi le
containing complete project details and all condit ions of approval as well as any conditions or
restrictions specified for inclusion in the Notice of Rest riction. The City Planner has t he 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.
Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan
showing conformance with the approved Preliminary Landscape Plan and the City's Landscape
Manual. Developer shall construct and install all landscaping and irrigation as shown on the
approved Final plans. All landscaping shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum
amount of water to the landscape for plant growth without causing soil erosion and runoff.
The first subm ittal 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 bu ilding,
improvement, and grading plans.
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in substance
as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of
Community Development and Planning. -
No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so
required, t he Developer shall submit and obtain approval ofthe Fire Chief and the City Planner of
an Outdoor Storage Plan, and thereafter comply w ith the approved plan.
Developer shall report, in writing, to the City Planner within 30 days, any address change from
that which is shown on the permit application.
Prior to the issuance of building permits for any units, the Developer shall enter into an Affordable
Housing Agreement w ith the City to provide and deed restrict 92 dwelling units as affordable to
lower-income households for 55 years, in accordance with the requirements and process set forth
in Chapter 21.85 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. The
recorded Affordable Housing Agreement shall be binding on all future owners and successors in
interest.
Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code
Chapter 21.105. Location of sa id receptacles shall be approved by the City Planner. Enclosure
shall be of similar colors and/or materials to the project to the satisfaction of the City Planner.
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.
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The windows and doors on the first through third floors of buildings two through six shall have
an STC rating of 40 to reduce interior noise levels below 45 dBA CNEL, unless determined
otherwise through a noise analysis during building permit review.
The two units located on the southerly end of the third floor of building four shall be relocated
to the westerly end of the third floor of building two. This will create a two-story element on
the southerly end of building two and a three-story element on the westerly end of building
two.
Engineering
NOTE: Unless otherwise specified herein, all conditions below shall be satisfied prior to grading permit,
or building permit, whichever comes first; or pursuant to an approved construction schedule at
the discretion of the appropriate division manager or official.
General
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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.
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 install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this condition.
Prior to approval of the parcel map, the Developer shall provide proof that Caltrans has
reviewed the proposed development and any mitigation required has or will be implemented.
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. Said plan shall also address permit and
construction phasing for duplex, street and utility demolition and address utility service and
street access for the remaining units fronting Harding Street during demolition and
construction.
Fees/ Agreements
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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 execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
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Grading
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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.
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.
7 Storm Water Quality
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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.
Developer shall complete and submit to the city engineer a Determination of Project's SW PPP 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.
This project is subject to 'Priority Development Project' requirements. Developer shall prepare
and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer
approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP
required by this condition shall be reviewed and approved by the city engineer with final grading
plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's
latest fee schedule.
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
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Developer shall cause owner to dedicate to the city and/or other appropriate entities easements
for public street & public utility purposes as shown on the tentative map. The offer shall be made
by a certificate on the final map or separate recorded document. 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.
Developer shall design the private drainage systems, as shown on the tentative map and site plan
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.
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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. Remove segment of Harding Street improvements to be abandoned including applicable
utilities.
B. Convert Carol Place into a cul-de-sac with installation of curb, gutter, sidewalk, street light,
street pavement and driveway approach as shown on the conceptual drainage and
improvement plan.
C. Convert Harding Street into ~ cul-de-sac with installation of curb, gutter, sidewalk, street
light, street pavement and driveway approach as shown on the conceptual drainage and
improvement plan.
D. Install water services and fire hydrants as shown on the conceptual drainage and
improvement plan.
E. Install public sewer facilities including a man hole in Harding Street, Carol Place and
Magnolia Avenue and a new public sewer main in the Harding Street cul-de-sac. Said sewer
main and manholes in Harding Street and Magnolia Avenue shall be installed with lateral
connections to Lot 34 and 35 prior to abandonment of the existing sewer main in Harding
Street.
F. Replace the striped crosswalk on Jefferson Street at the intersection of Carol Place and
Jefferson Street with a raised crosswalk approved by a Certified Access Specialist (CASp).
G. Install bike route signage for a Class Ill bikeway route consistent with the City of Carlsbad
Bikeway Master Plan on Jefferson Street between Anchor Way and Tamarack Avenue.
H. Upgrade, as needed, the pedestrian ramps at the northerly end of Harding Street and the
westerly end of Carol Place to current American Disability Act (ADA) standards, all subject
to approval by a Certified Access Specialist (CASp).
Developer shall pay the standard improvement plan check and inspection fees. 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.
The developer shall pay a fair share contribution of the total design and construction cost to
modify the traffic signal and related pavement striping at the intersection of Jefferson Street
and Tamarack Avenue to convert the signal to 8-phases with protected left turns in northbound
and southbound directions on Jefferson Street, as planned per the city's current Capital
Improvement Program. Fair share shall be determined in accordance with the "Methodology
for Calculating Equitable Mitigation Measures" per Appendix B of the December 2002 Caltrans
Guide for the Preparation of Traffic Impact Studies or other method deemed acceptable to the
city engineer. An estimated cost to redesign and construct the signal modifications shall be
provided by the developer subject to the approval of the city engineer.
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.
41. Developer shall abandon the drainage easement recorded on Tract Map 2969 and a portion of
Harding Street per section 66434(g) of the Subdivision Map Act as shown on the tentative parcel
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map. Prior to recordation of the parcel map, all public entities vested in the public easement
for Harding Street shall be notified of the proposed abandonment and no portion of the public
easement vested in another public entity shall be abandoned if the public entity objects to the
abandonment.
All above ground utility boxes such as electrical transformers shall be located on private
property and outside the public right-of-way subject to the satisfaction of the city engineer.
Non-Mapping Notes
43. 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 and site plan. These improvements include, but are not limited to:
l. Remove segment of Harding Street improvements to be abandoned including
applicable utilities.
2. Convert Carol Place into a cul-de-sac with installation of curb, gutter, sidewalk, street
light, street pavement and driveway approach as shown on the conceptual drainage
and improvement plan.
3. Convert Harding Street into a cul-de-sac with installation of curb, gutter, sidewalk,
street light, street pavement and driveway approach as shown on the conceptual
drainage and improvement plan.
4. Install water services and fire hydrants as shown on the conceptual drainage and
improvement plan.
5. Install public sewer facilities including a man hole in Harding Street, Carol Place and
Magnolia Avenue and a new public sewer main in the Harding Street cul-de-sac. Said
sewer main and manholes in Harding Street and Magnolia Avenue shall be installed
with lateral connections to Lot 34 and 35 prior to abandonment of the existing sewer
main in Harding Street.
6. Replace the striped crosswalk on Jefferson Street at the intersection of Carol Place and
Jefferson Street with a raised crosswalk.
7. Install bike route signage for a Class Ill bikeway route consistent with the City of
Carlsbad Bikeway Master Plan on Jefferson Street between Anchor Way and Tamarack
Avenue.
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
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Utilities
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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.
The developer shall agree to design landscape and irrigation plans utilizing recycled water as a
source and prepare and submit a colored recycled water use map to the Planning Division for
processing and approval by 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.
The developer shall design and agree to construct public water, sewer, and recycled water
facilities substantially as shown on the tentative map and site plan to the satisfaction of the
district engineer and city engineer.
The developer shall submit a detailed potable water study, prepared by a registered engineer that
identifies the peak demands of the project (including fire flow demands). The study shall identify
velocity in the main lines, pressure zones, and the required pipe sizes. Said study shall be
submitted concurrently with the improvement plans for the project and the study shall be
prepared to the satisfaction of the district engineer.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
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Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050.
Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required
by Chapter 20.44 ofthe Carlsbad Municipal Code.
53. This tentative map shall expire two years from the date on which the planning commission or city
council voted to approve this application.
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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.
Subdivider shall comply with Section 20.16.040(d) of the Carlsbad Municipal Code regarding the
undergrounding of existing overhead utilities.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 17 .04.320.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
10 Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's
decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in
11 writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal
prior to any judicial review.
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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.11
You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest
16 them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the
protest and any other requ ired information with the City Manager for processing in accordance with
17 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.
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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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