HomeMy WebLinkAbout2018-01-23; City Council; Resolution 2018-012RESOLUTION NO. 2018-012
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A MAJOR REVIEW PERMIT AND COASTAL
DEVELOPMENT PERMIT FOR THE DEMOLITION OF FOUR, SINGLE-STORY
OFFICE BUILDINGS AND THE CONSTRUCTION OF A FOUR-STORY, 11-UNIT
RESIDENTIAL APARTMENT BUILDING, INCLUDING TWO (2) AFFORDABLE
HOUSING UNITS AND A SUBTERRANEAN PARKING GARAGE LOCATED AT
3039 JEFFERSON STREET IN LAND USE DISTRICT 2 OF THE VILLAGE REVIEW
ZONE, THE VILLAGE SEGMENT OF THE LOCAL COASTAL PROGRAM AND
WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME:
CASE NO.:
JEFFERSON LUXURY APARTMENTS
RP 15-17/CDP 15-38 (DEV15067)
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 November 1, 2017, hold a duly
noticed public hearing as prescribed by law to consider Major Review Permit No. RP 15-17 and Coastal
Development Permit No. 15-38, as referenced in Planning Commission Resolution No. 7272; and the
Planning Commission adopted Planning Commission Resolution No. 7272 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 Coastal Development Permit; 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 Coastal Development Permit.
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. Thatthe recommendation of the Planning Commission for the approval of Major Review
Permit No. 15-17 and Coastal Development Permit No. 15-38, is approved, and that the findings and
conditions of the Planning Commission contained in Planning Commission Resolution No. 7272 on file
with the City Clerk and incorporated herein by reference, are the findings and conditions of the City
Council.
3. This action is final the date this resolution is adopted by the City Council. The Provisions
of Chapter 1.16 ofthe Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply:
Jan. 23, 2018 Item #7 Page 4 of 52
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 23rd day of January, 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
M. Hall, K. Blackburn, M. Schumacher, M. Packard.
C. Schumacher.
None.
(SEAL)
Jan. 23, 2018 Item #7 Page 5 of 52
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EXHIBIT 3
PLANNING COMMISSION RESOLUTION NO. 7272
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MAJOR
REVIEW PERMIT AND COASTAL DEVELOPMENT PERMIT TO ALLOW FOR
THE DEMOLITION OF FOUR, SINGLE-STORY OFFICES AND THE
CONSTRUCTION OF A FOUR-STORY, 11-UNIT RESIDENTIAL APARTMENT
BUILDING, INCLUDING TWO (2) AFFORDABLE HOUSING UNITS, LOCATED
AT 3039 JEFFERSON STREET IN LAND USE DISTRICT 2 OF THE VILLAGE
REVIEW ZONE, THE VILLAGE SEGMENT OF THE LOCAL COASTAL
PROGRAM, AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: JEFFERSON LUXURY APARTMENTS
CASE NO.: RP 15-17/CDP 15-38
WHEREAS, Tony Tonekaboni, "Applicant," has filed a verified application with the City
of Carlsbad regarding property owned by Private Properties, LLC, "Owner," described as
Lots 23, 24, 25, and 26 in the City of Carlsbad, County of San Diego, State
of California, according to Map thereof No. 535, filed in the Office of the
County Recorder of San Diego County, May 2, 1888
("the Property"); and
WHEREAS, said verified application constitutes a request for a Major Review Permit and
Coastal Development Permit as shown on Exhibit(s) "A" -"Q" dated November 1, 2017, on file in the
Planning Division RP 15-17/CDP 15-38 -JEFFERSON LUXURY APARTMENTS, as provided by Chapters
21.35 and 20.12 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on November 1, 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 and Coastal Development Permit.
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 Commission
RECOMMENDS APPROVAL of RP 15-17 /CDP 15-38-JEFFERSON LUXURY APARTMENTS,
based on the following findings and subject to the following conditions:
Jan. 23, 2018 Item #7 Page 7 of 52
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Findings:
Major Review Permit, RP 15-17
1. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the city's General Plan, and the development standards of the Village Review
Zone and the Village Master Plan and Design Manual, based on the facts set forth in the staff
report dated November 1, 2017, including, but not limited to the following:
a. Land Use -The proposed project, which includes the demolition of four, single-story, office
buildings totaling 4,803 square feet and the construction of an 11-unit multi-family
apartment building, will enhance the vitality of the Village, specifically land Use District 2
(Office Support Area), by providing new residential units in close proximity to the
downtown core area, as well as the train station. The project reinforces the pedestrian-
orientation desired for the downtown area by providing the residents an opportunity to
walk to shopping, recreation, and mass transit functions. The project's proximity to existing
bus routes and mass transit will help to further the goal of providing new economic
development near transportation corridors. Further, the proposed project contributes
toward the overall goal of creating quality development in that older office/commercial
buildings are proposed to be removed and replaced with 11 high-quality residential
apartments, including two inclusionary housing units. Overall, the residential project will
contribute towards the revitalization of the Village area.
b. Mobility -Jefferson Street can accommodate the estimated 88 ADTs. The proposed project
has been designed to meet the circulation requirements, which includes vehicular access
off the Madison Street alley. In addition, the applicant will be required to pay traffic impact
fees prior to the issuance of building permits that will go toward future road improvements.
The proposed project is located approximately a half mile from the train/Coaster station
which provides service throughout the day. The project's close proximity to the transit stop
will provide residents with the opportunity to commute to major job centers, thereby
reducing vehicle miles traveled (VMTs) and their carbon footprint. Furthermore, the project
supports walkability and mobility by locating the project near existing goods and services
within the Village. Further, the removal of the existing driveway off Jefferson Street will
enhance the streetscape with the addition of landscaping and the extension of the
pedestrian sidewalk.
c. Noise -The proposed project is consistent with the Noise Element of the General Plan in
that the project has been conditioned to comply with the recommendations of the noise
study (Ldn Consulting, Inc., dated August 6, 2015) to ensure that the proposed building
design adequately attenuates the noise levels for the new apartments. The windows of
each unit will need to be closed to meet a 45 dBA CNEL interior noise level, mechanical
ventilation will be required, and the windows and glass doors will be required to have a
minimum STC rating of 26.
d. Housing -The proposed project is consistent with the Housing Element of the General Plan
and the city's lnclusionary Housing Ordinance, in that the city's Housing Policy Team
reviewed the proposed project and recommended the applicant designate two (2) of the 11
multi-family units as inclusionary units (i.e., rent-restricted). The project design reflects this
requirement. The project is conditioned to require the approval of an Affordable Housing
Agreement prior to issuance of the building permit.
PC RESO NO . 7272 -2-Jan. 23, 2018 Item #7 Page 8 of 52
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e. Public Safety -The proposed building is required to be designed in conformance with all
seismic design standards of the California Building Code (CBC) and State building
requirements. Additionally, the proposed project design is consistent with the applicable
fire safety requirements and the entire building will include fire sprinklers in accordance
with National Fire Protection Agency Standard 13 and City of Carlsbad regulations.
Furthermore, the project is conditioned to develop and implement a program of "best
management practices" for the elimination and reduction of pollutants which enter into
and/or are transported within storm drainage facilities.
f. Land Use District 2 Standards -The project as designed is consistent with the development
standards for Land Use District 2, the Village Design Guidelines and all other applicable
regulations set forth in the Village Master Plan and Design Manual as discussed in the
project staff report. The project is not requesting any deviations to the development
standards and all required parking is located on-site.
Coastal Development Permit, CDP 15-38
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That the proposed development is in conformance with the Village Area Segment of the Certified
Local Coastal Program and all applicable policies in that the proposed four-story, multi-family
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, which includes a mixture of commercial and 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 c~astal resources within the property and 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 required for the project since it is not located
between the first public road and the ocean.
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, and the National Pollutant
Discharge Elimination System (NPDES) requirements to avoid increased urban run-off,
pollutants and soil erosion. In addition, the site is relatively flat and does not contain natural
steep slopes greater than 25 percent gradient; no native vegetation will be removed; and the
site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods
or liquefaction.
The project is not located in the Coastal Agriculture Overlay Zone, according to Map X of the Land
Use Plan, certified September 1990 and Agricultural Conversion Mitigation Fees are not required
in accordance with the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the
Zoning Ordinance).
The project is not located between the sea and the first public road parallel to the sea and
therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone
(Chapter 21.204 of the Zoning Ordinance).
PC RESO NO. 7272 -3-Jan. 23, 2018 Item #7 Page 9 of 52
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City Council Policy No. 43, Allocation for Excess Dwelling Units
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General
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That the city's Housing Policy Team recommended approval of the request for an allocation of
11 units from the Excess Dwelling Unit Bank on May 30, 2017.
That pursuant to CMC Chapter 21.85.030, for any market-rate residential development of seven
(7) or more units, not less than 15 percent of the total number of units shall be restricted both
as to occupancy and affordability to lower income households. The proposal to construct 11
residential multi-family apartments is satisfying its inclusionary housing obligation by
designating two (2) of the 11 units on-site as inclusionary units. The project is conditioned to
require the approval of an Affordable Housing Agreement prior to issuance of the building
permit.
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 non-residential land uses and anticipated uses in Land Use
District 2 of the Village Master Plan. Furthermore, the project will provide positive support for
the commercial uses in 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 (V) General Plan
Land Use designation allows residential development at a density range of 28 to 35 dwelling
units per acre. Based on a net acreage of 0.32 acres, the proposed 11 multi-family apartments
have a density of 34.4 dwelling units per acre. The proposed project is consistent with the intent
of Land Use District 2 of the Village Master Plan and will contribute toward the overall
revitalization of the Village Area.
That there are an adequate number of units in the Excess Dwelling Unit Bank in the northwest
quadrant to allocate 11 units. Per the city's Quadrant Dwelling Unit Report (latest available
dated September, 2017), 584 units remain available for allocation in the Village.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 1 and all city public policies and ordinances. The project includes
elements or has been conditioned to construct or provide funding to ensure that all facilities and
improvements regarding: sewer collection and treatment; water; drainage; circulation; fire;
schools; parks and other recreational facilities; libraries; government administrative facilities; and
open space, related to the project will be installed to serve new development prior to or
concurrent with need. Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified School District
that the project has satisfied its obligation for school facilities.
b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior
to the issuance of building permit.
c. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
PC RESO NO. 7272 -4-Jan. 23, 2018 Item #7 Page 10 of 52
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That the project is consistent with the city's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
That 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 the preparation of environmental
documents pursuant to Section 15332, In-fill Development Project, of the state California
Environmental Quality Act (CEQA) Guidelines.
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed to
mitigate impacts caused by or reasonably related to the project, and the extent and the degree
of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a
grading or building permit, whichever occurs first.
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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
Coastal Development Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Major Review Permit and Coastal Development Permit documents, as
necessary to make them internally consistent and in conformity with the final action on the
project. Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
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 and Coastal Development
Permit, (b) city's approval or issuance of any permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's
installation and operation of the facility permitted hereby, including without limitation, any and
PC RESO NO. 7272 -5-Jan. 23, 2018 Item #7 Page 11 of 52
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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 building plans, improvement plans, grading plans, or final map, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Site Plan,
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 pe rmit, and that water and sewer capacity and facilities will continue to be available until
the time of occupancy.
Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD
#1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section
5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone
1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If
the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall
become void.
Prior to issuance of the grading 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(n) M ajor Review Permit
and Coastal Development Permit by Resolution(s) No. 7272 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.
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 as shown on the approved Final
Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash,
and debris.
PC RESO NO. 7272 -6-Jan. 23, 2018 Item #7 Page 12 of 52
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The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape
plancheck 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.
Developer shall submit and obtain City Planner approval of an exterior lighting plan. All lighting
shall be designed to reflect downward and avoid any impacts on adjacent homes or property.
Developer shall construct, install, and stripe (where applicable} not less than 28 parking spaces,
including two (2) accessible parking spaces.
Prior to issuance of the building permit, the Developer shall enter into an Affordable Housing
Agreement with the city to provide and deed restrict two (2) inclusionary dwelling units.
Specifically, two (2) units shall be rented at a price affordable to low income households at 70%
of the San Diego County Area Median Income 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
issuance of the building permit. The recorded Agreement shall be binding on all future owners
and successors in interest.
Prior to issuance of the building permit, verification shall be submitted confirming that the
building has been designed to comply with the recommendations of the noise study prepared
by Ldn Consulting, Inc. (August 6, 2015). Specifically, the windows and glass doors shall have a
minimum STC rating of 26 and mechanical ventilation is required for all units.
The two-car garages (total of three, two-car garages} shall be available to park two (2) vehicles
at all times. Any additional space outside of the area where the cars are parked in the garages
may be used for storage by the residents. The garages shall not be rented for storage or
private parking.
Engineering:
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of
21 this proposed development, must be met prior to approval of building or grading permit
whichever occurs first.
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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.
PC RESO NO. 7272 -7-Jan. 23, 2018 Item #7 Page 13 of 52
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23. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Landscape Manual and City Engineering Standards. The property owner
shall maintain this condition.
24. Developer shall include rain gutters on the building plans subject to the City Engineer's review
4 and approval. Developer shall install rain gutters in ·accordance with said plans.
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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.
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.
Developer shall process a lot line adjustment to consolidate lots 23, 24, 25, and 26 in block 48
of Map No. 535 into one lot.
Grading
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30.
31.
Upon a review of the proposed grading and the grading quantities shown on the site plan, a
grading permit for this project is required. Developer shall prepare and submit plans and technical
studies/reports for City Engineer review, post security and pay all applicable grading plan review
and permit fees per the city's latest fee schedule.
The developer shall provide a shoring plan to support the basement excavation, including the
surcharge loads from adjacent existing structures. The shoring plan must be shown on the
grading plans processed in conjunction with this project.
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
21 time restrictions for various construction activities.
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32. 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.
PC RESO NO. 7272 -8-Jan. 23, 2018 Item #7 Page 14 of 52
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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.
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, treatment control
BMP, and Low Impact Design (LID) facilities.
11 Dedications/Improvements
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Utilities
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Developer shall design the private drainage systems, as shown on the site plan to the satisfaction
of the City Engineer. All private drainage systems 12" 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, driveways, curb & gutter and sidewalk, water services/meters, etc.) as shown on the site
plan. These improvements shall be shown on grading plans processed in conjunction with this
project. 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.
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.
Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
Developer shall install potable 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 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 construct public water, and sewer facilities substantially as shown
on the site plan to the satisfaction of the District Engineer and City Engineer.
PC RESO NO. 7272 -9-Jan. 23, 2018 Item #7 Page 15 of 52
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Code Reminders
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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.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
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.
PC RESO NO. 7272 -10-Jan. 23, 2018 Item #7 Page 16 of 52