HomeMy WebLinkAbout2015-08-05; Planning Commission; Resolution 7118
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT
PERMIT, SITE DEVELOPMENT PLAN, COASTAL DEVELOPMENT PERMIT,
TENTATIVE PARCEL MAP AND MINOR VARIANCE TO DEMOLISH TWO
EXISTING SINGLE-FAMILY HOMES AND TO ALLOW THE DEVELOPMENT
OF A TWO-FAMILY, RESIDENTIAL AIR-SPACE CONDOMINIUM PROJECT
ON A 0.12 ACRE INFILL SITE LOCATED AT 165 PINE AVENUE, WITHIN THE
MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL
FACILITIES MANAGEMENT ZONE 1. THE PROJECT QUALIFIES AS A CEQA
GUIDELINES SECTION 15332 (INFILL DEVELOPMENT PROJECT)
CATEGORICAL EXEMPTION.
CASE NAME: 165 PINE AVENUE
CASE NO.: PUD 15-05/SDP 15-05/CDP 15-10/MS 15-03/AV 15-03
WHEREAS, Rammy, LLC, “Developer/Owner,” has filed a verified application with the
City of Carlsbad regarding property described as
That portion of Tract No. 201 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:
Commencing at the most northeasterly corner of said Tract No. 201;
thence south 55°27’ west a distance of 88 feet; thence south 34°33’
east a distance of 60 feet; thence north 55°27’ east a distance of 88
feet; thence north 34°22’ west a distance of 60 feet to the true point
of beginning
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Planned Development
Permit, Site Development Plan, Coastal Development Permit, Tentative Parcel Map and Minor Variance
as shown on Exhibits “A” – “Q” dated August 5, 2015, on file in the Planning Division, PUD 15-05/SDP
15-05/CDP 15-10/MS 15-03/AV 15-03 – 165 PINE AVENUE as provided by Chapters 21.45, 21.06, 21.16,
21.203, 20.24 and 21.50 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on August 5, 2015, 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
PLANNING COMMISSION RESOLUTION NO. 7118
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the Planned Development Permit, Site Development Plan, Coastal Development Permit, Tentative Parcel
Map and Minor Variance.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning Commission
APPROVES PUD 15-05/SDP 15-05/CDP 15-10/MS 15-03/AV 15-03 – 165 PINE AVENUE
based on the following findings and subject to the following conditions:
Findings:
Planned Development Permit
1. The proposed project is consistent with the general plan, and complies with all applicable
provisions of this chapter, and all other applicable provisions of the Carlsbad Municipal Code, in
that the density of 16.7 dwelling units per acre for the two-family residential air-space
condominium project is consistent with the Residential High (RH) Density Land Use
designation (15-23 du/acre). As discussed in the project staff report, with the exception of a
Minor Variance (AV 15-03) for setbacks from Pine Avenue, the project is consistent with all
remaining development and design standards applicable to the property as contained in
Chapters 21.16 (Multiple-Family Residential (R-3)) Zone, 21.45 (Planned Developments) and
21.82 (Beach Area Overlay Zone (BAOZ)) of the Carlsbad Municipal Code.
2. The proposed project will not be detrimental to existing uses, or to uses specifically permitted in
the area in which the proposed use is to be located, and will not adversely impact the site,
surroundings, or traffic, in that the two-family residential air-space condominium project is
compatible with existing surrounding single-family residential, multiple-family residential uses
as permitted by the Multiple-Family Residential (R-3) Zone; and does not create any traffic
circulation impacts as Pine Avenue and Garfield Street are adequately designed to
accommodate the 16 Average Daily Trips (ADT) being generated.
3. The project will not adversely affect the public health, safety, or general welfare, in that the
two-family residential air-space condominium project has been designed to comply with all
applicable development standards, with the exception of a Minor Variance (AV 15-03) for
setbacks from Pine Avenue, to ensure compatibility with surrounding single-family and
multiple-family residential uses.
4. The project’s design, including architecture, streets, and site layout a) contributes to the
community’s overall aesthetic quality, b) includes the use of harmonious materials and colors,
and the appropriate use of landscaping, and c) achieves continuity among all elements of the
project, in that the two-family residential air-space condominium project is constructed above
a subterranean parking area which removes garage doors and driveway parking from the
project site with the exception of a visitor space which is enhanced with landscaping. The two
story project is architecturally harmonious with the surrounding beach environment and
includes a variety of roof planes and off-set building projections. In addition, primary building
materials are provided and consist of white stucco, tile veneer, metal clad wood fascia, and
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recessed metal clad windows and sliding doors. A standing seem metal roof with a 3:12 roof
pitch covers a portion of the building. A glass railing surrounds the roof deck areas while a
stainless steel railing is included around the balconies. All elements (i.e. site layout,
architecture, landscaping) create continuity in the overall project design.
Site Development Plan
5. That the requested use is properly related to the site, surroundings and environmental settings,
is consistent with the various elements and objectives of the General Plan, will not be
detrimental to existing uses or to uses specifically permitted in the area in which the proposed
use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in
that the project consists of the demolition of two existing single-family homes and
construction of a two-family residential air-space condominium project on a 0.12 acre infill
site located at 165 Pine Avenue. The site is surrounded by a mix of existing single-family and
multiple-family residential developments, as well as hotel/timeshare uses. The proposed
two-family residential project at a density of 16.7 du/ac is consistent with the Residential High
Density (RH: 15-23 du/ac) General Plan Land Use designation. The project is consistent with
the various elements and objectives of the General Plan as discussed in Section “A” of the
project staff report. The proposed two-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,
two-family residential is a use permitted within the Multiple-Family Residential (R-3) Zone and
is compatible with the other residential uses surrounding the project site, including single-
family residential and multiple-family residential. The two-family residential airspace
condominium project will not adversely impact the site, surroundings, or traffic circulation in
that the existing surrounding streets have adequate capacity to accommodate the 16 Average
Daily Trips (ADT) generated by the project; the project complies with all minimum
development standards of the Carlsbad Municipal Code, including but not limited to the R-3
Zone, Beach Area Overlay Zone (BAOZ), and the Planned Development Ordinance; and the
project is adequately parked onsite and does not result in any environmental impacts.
6. That the site for the intended use is adequate in size and shape to accommodate the use, in that
with the exception of a Minor Variance (AV 15-03) for setbacks from Pine Avenue, the two-
family residential air-space condominium project complies with all remaining development
standards (i.e. front, side and rear setbacks, lot coverage, parking, and height restrictions) of
the Multiple-Family Residential (R-3) Zone, the Beach Area Overlay Zone (BAOZ), and the
Planned Development Ordinance as demonstrated in the project staff report.
7. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested use to existing or permitted future uses in the neighborhood will be provided and
maintained, in that as demonstrated in the project staff report the two-family residential air-
space condominium project, with the exception of a Minor Variance (AV 15-03) for setbacks
from Pine Avenue, complies with all remaining development standards (i.e. front, side and
rear setbacks, lot coverage, parking, and height restrictions) of the Multiple-Family (R-3) Zone,
the Beach Area Overlay Zone (BAOZ), and the Planned Development Ordinance. Landscaping
along the outer edge of the property, including the areas along Pine Avenue and Garfield
Street will be provided consistent with the requirements of the city’s Landscape Manual. In
addition to the above, existing privacy wall on the adjacent property will be maintained.
. . .
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8. That the street systems serving the proposed use are adequate to properly handle all traffic
generated by the proposed use, in that the two-family residential air-space condominium
project will take access off of Pine Avenue, which is identified as a local street, and is designed
to adequately handle the 16 Average Daily Trips (ADT) generated by the project. Pine Avenue
is already improved with pavement, curb, gutter and an adjacent sidewalk. The project will
reconstruct portions of the curb, gutter and sidewalk along the project frontage due to the
modification of the driveway and installation of ADA ramp.
Coastal Development Permit
9. That the proposed development is in conformance with the Mello II Segment of the Certified
Local Coastal Program (LCP) and all applicable policies, in that the site is designated RH (15-23
du/ac) for single-family and multi-family residential development by the Mello II LCP and the
project consists of the demolition of two existing single-family homes and construction of a
two-family residential air-space condominium project with subterranean garages at 16.7
du/acres on a 0.12 acre previously developed site; the proposed two-story project will not
obstruct views of the coastline as seen from public lands or the public right-of-way, nor
otherwise damage the visual beauty of the coastal zone. No agricultural uses currently exist
on the site, nor are there any sensitive resources located on the property. In addition, the
proposed two-family residential condominium project is not located in an area of known
geologic instability or flood hazards. Since the site does not have frontage along the coastline,
no public opportunities for coastal shoreline access are available from the subject site.
Furthermore, the residentially-designated site is not suited for water-oriented recreation
activities.
10. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the property is not located adjacent to the shoreline. Therefore, the two-
family residential air-space condominium project will not interfere with the public’s right to
physical access to the ocean and furthermore, the residentially designated site is not suited
for water-oriented recreation activities.
11. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(Chapter 21.203 of the Zoning Ordinance) in that the two-family residential air-space
condominium project will adhere to the City’s Master Drainage Plan, Grading Ordinance,
Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), and
Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff,
pollutants, and soil erosion. Furthermore, no natural steep slopes ≥25% gradient will be
affected by the project, and no native vegetation is located on the subject site. In addition,
the project site is not located in an area prone to landslides, or susceptible to accelerated
erosion, floods or liquefaction.
12. 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).
13. 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).
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Tentative Parcel Map
14. 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 two-family residential air-
space condominium project created through the tentative parcel map satisfy all the minimum
requirements of Title 20 and have been designed to comply with other applicable regulations
including, the Multiple-Family Residential (R-3) Zone, the Beach Area Overlay Zone (BAOZ),
the Planned Development Ordinance, Growth Management Ordinance, and the Residential
High Density (RH) General Plan Land Use designation.
15. That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for Residential High (RH) density development on the
General Plan and are predominantly developed with underdeveloped single-family homes or
multiple-family residential projects of a similar density.
16. 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 with the exception of a Minor Variance (AV 15-03) for setbacks from Pine Avenue, all
other required development standards and design criteria required by the Multiple-Family
Residential (R-3) Zone, the Planned Development Ordinance, and the Beach Area Overlay
Zone (BAOZ) are incorporated into the two-family residential air-space condominium project.
17. 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 two-family
residential air-space condominium project has been designed and conditioned so that there
are no conflicts with established easements and no additional right-of-way is required.
18. That the property is not subject to a contract entered into pursuant to the Land Conservation
Act of 1965 (Williamson Act).
19. That the design of the subdivision provides, to the extent feasible, for future passive or natural
heating or cooling opportunities in the subdivision, in that structures are designed to include
patios, roof decks, and multiple balconies oriented to maximize exposure of each unit to
natural light and ventilation from nearby coastal breezes.
20. 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.
21. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish and wildlife or their habitat, in
that the two-family residential air-space condominium project site has been previously graded
and is surrounded by existing development.
. . .
. . .
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22. 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 two-family residential air-space
condominium 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 is
conditioned to comply with the National Pollutant Discharge Elimination System (NPDES)
requirements.
Minor Variance
23. That because of special circumstances applicable to the subject property, including size, shape,
topography, location or surroundings, the strict application of the zoning ordinance deprives
such property of privileges enjoyed by other property in the vicinity and under identical zoning
classification in that the lot is a substandard lot at 5,280 square feet, which falls below the
7,500 square foot minimum lot size. The lot is adjacent to an 80 foot street right-of-way on
Pine Avenue which is larger than other street rights-of-way in the area that are 60 feet.
Typical distances from the face of curb to property line is ten feet. The subject property at 165
Pine Street is approximately 18 feet from the face of curb on Pine Avenue to the property line.
This results in a building setback from the street that is about eight feet greater than
properties on nearby streets. The property is located adjacent to the Tamarack Inn building, a
hotel/timeshare, which is 3 stories in height and is observing a lessor setback than 165 Pine
Avenue is required to have. This reduced setback and physical scale and bulk of the building
encumbers the project site as this large building dwarfs the site. However, the
hotel/timeshare is located within the Village Review zone and has different setback
requirements then the project.
24. That the minor variance shall not constitute a grant of special privileges inconsistent with the
limitations upon other properties in the vicinity and zone in which the subject property is
located and is subject to any conditions necessary to assure compliance with this finding in that
the granting of a reduced setback from ten feet to four feet from the property line (22’ from
the face of the curb) along Pine Avenue, as well as stepping the building back, is not a special
privilege based on the substandard lot size and extremely wide street right of way along Pine
Avenue on this short block. Blocks to the east of this site along Pine Ave have varied right of
ways that fluctuate from 80’ to 70’ to 60’ in widths. These reduced right of ways allow for
better view corridors and closer to street building placements as opposed to this project site
with a wide setback and the large bulky building to the West (hotel/timeshare). Some homes
in the immediate neighborhood have ten-foot setbacks from property line along Pine Avenue
and 20’ setbacks from the face of the curb on Pine Avenue. Therefore the proposed setback
reduction will be consistent with the setbacks allowed for other properties in the same
vicinity and zone; and therefore, would not constitute a special privilege that is not enjoyed
by other properties in the vicinity and under the identical zoning classification.
25. That the minor variance does not authorize a use or activity which is not otherwise expressly
authorized by the zone regulation governing the subject property in that the granting of a minor
variance to reduce the required setback from a public street from ten feet to four feet does
not authorize a use which is not otherwise expressly permitted by the zoning regulations in
that a two-family dwelling is allowed by right within the Multiple-Family Residential (R-3)
zone. Therefore, a deviation from the street setback standard does not authorize a use or
activity which is not authorized by the zone.
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26. That the minor variance is consistent with the general purpose and intent of the general plan
and any applicable specific or master plans in that the proposed use is a two-family dwelling,
consistent with the Residential High (RH) Density designation as discussed above.
27. The minor variance is consistent with the general purpose and intent of the certified local
coastal program and does not reduce or in any manner adversely affect the requirements for
protection of coastal resources in that the granting of a Minor Variance is consistent with and
implements the requirements of the Local Coastal Program and will not have an adverse
effect on coastal resources as discussed in Section “E” of the Staff Report and will have no
impacts on sensitive environmental resources. Therefore, granting such a variance will not
adversely affect the Local Coastal Program.
General
28. 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
August 5, 2015 including, but not limited to the following:
a) Land Use – The two-family residential air-space condominium project is consistent with
the elements and objectives of the General Plan as discussed in Section “A” of the project
staff report. The proposed residential density of 16.7 dwelling units per acre (2 dwelling
units) is within the Residential High (RH) density range (15–23 du/ac). Because the two
unit project is below the maximum unit yield (2.28 dwelling units) at the Growth
Management Control Point (GMCP) of the RH General Plan Land Use designation, 0.28
dwelling units will be deposited into the City’s excess dwelling unit bank consistent with
Housing Element Program 3.2 and City Council Policy No. 43.
b) Circulation – The project will take access off of Pine Avenue and Garfield Street, which
have full street improvements along its frontage. All public facilities including curb, gutter
and sidewalk are existing or are conditioned to be built or reconstructed along the
property frontage (Pine Avenue & Garfield Street).
c) Noise - The project consists of a two-family dwelling and therefore a noise study is not
required. However, the project has been conditioned to meet a 45 dB(a) CNEL interior
noise level when openings to the exterior of the residence are open or closed. If openings
are required to be closed to meet the interior noise standard, then mechanical ventilation
shall be provided. In addition, the existing hotel / timeshare project to the west helps
shield and attenuate noise associated with Carlsbad Boulevard from the project site.
d) Housing – The two-family residential air-space condominium project is consistent with the
Housing Element of the General Plan and the Inclusionary Housing Ordinance as the
project has been conditioned to pay an affordable housing in-lieu fee on a per unit basis if
building permits for the two-unit project have not been applied for within two years of
demolishing the existing two units on-site.
e) Public Safety – The two-family residential air-space condominium project is located within
a five minute response time of Fire Station No. 1 and has been designed to comply with
the fire code, including provisions for an automatic sprinkler system within each dwelling
unit.
. . .
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29. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 1 and all City public facility policies and ordinances. The project
includes elements or has been conditioned to construct or provide funding to ensure that all
facilities and improvements regarding sewer collection and treatment; water; drainage;
circulation; fire; schools; parks and other recreational facilities; libraries; government
administrative facilities; and open space, related to the project will be installed to serve new
development prior to or concurrent with need. Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified School District
that the project has satisfied its obligation for school facilities.
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be
collected prior to issuance of building permit.
c. 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.
d. 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.
30. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
31. 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, of the state CEQA Guidelines.
32. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed to
mitigate impacts caused by or reasonably related to the project, and the extent and the degree
of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a
grading or building permit, or recordation of the Final Parcel Map, whichever occurs first.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the City shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or
further condition all certificates of occupancy issued under the authority of approvals herein
granted; record a notice of violation on the property title; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No vested
rights are gained by Developer or a successor in interest by the City’s approval of this Planned
Development Permit, Site Development Plan, Coastal Development Permit, Tentative Parcel
Map and Minor Variance.
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2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Planned Development Permit, Site Development Plan, Coastal
Development Permit, Tentative Parcel Map and Minor Variance documents, as necessary to
make them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly,
from (a) City’s approval and issuance of this Planned Development Permit, Site Development
Plan, Coastal Development Permit, Tentative Parcel Map and Minor Variance, (b) City’s
approval or issuance of any permit or action, whether discretionary or nondiscretionary, in
connection with the use contemplated herein, and (c) Developer/Operator’s installation and
operation of the facility permitted hereby, including without limitation, any and all liabilities
arising from the emission by the facility of electromagnetic fields or other energy waves or
emissions. This obligation survives until all legal proceedings have been concluded and
continues even if the City’s approval is not validated.
6. Developer shall submit to the Planning Division a reproducible 24” x 36,” mylar copy of the
Tentative Parcel Map, Site Plan, and Grading Plans reflecting the conditions approved by the
final decision-making body.
7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
8. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
9. This approval shall become null and void if building permits are not issued for this project within
24 months from the date of the recordation of the final parcel map.
10. Building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides written certification to the City that adequate water
service and sewer facilities, respectively, are available to the project at the time of the
application for the building permit, and that water and sewer capacity and facilities will continue
to be available until the time of occupancy. A note to this effect shall be placed on the Final
Parcel Map.
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11. The project site is located in an area that may contain soil material that is suitable for beach
sand replenishment as defined in the Carlsbad Opportunistic Beach Fill program (COBFP)
adopted by the Planning Commission on May 17, 2006 (SUP 04-13). Prior to the issuance of a
grading permit, and as a part of the grading plan preparation, the developer shall test the soil
material to be exported from the project site to determine the materials suitability for sand
replenishment pursuant to the requirements of the COBFP. If the material is deemed suitable
for beach replenishment the developer is encouraged to comply with the process outlined in the
COBFP to transport and place the beach quality material on the beach site identified in the
COBFP.
12. 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 Planned Development Permit, Site Development Plan,
Coastal Development Permit, Tentative Parcel Map and Minor Variance by Resolution No.
7118 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.
13. If building permits are not applied for within two years of demolishing the existing two units,
the developer shall pay to the City an inclusionary housing in-lieu fee as an individual fee on a
per market rate dwelling unit basis in the amount in effect at the time, as established by City
Council Resolution from time to time.
14. 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.
15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape
plan check process on file in the Planning Division and accompanied by the project’s building,
improvement, and grading plans.
16. Developer shall establish a homeowner's association and corresponding covenants, conditions
and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner
prior to final parcel map approval. Prior to issuance of a building permit, the Developer shall
provide the Planning Division with a recorded copy of the official CC&Rs that have been
approved by the Department of Real Estate and the City Planner. At a minimum, the CC&Rs
shall contain the following provisions:
a. General Enforcement by the City. The City shall have the right, but not the obligation, to
enforce those Protective Covenants set forth in this Declaration in favor of, or in which the
City has an interest.
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b. Notice and Amendment. A copy of any proposed amendment shall be provided to the City
in advance. If the proposed amendment affects the City, City shall have the right to
disapprove. A copy of the final approved amendment shall be transmitted to City within 30
days for the official record.
c. Failure of Association to Maintain Common Area Lots and Easements. In the event that the
Association fails to maintain the “Common Area Lots and/or the Association’s Easements” as
provided in Article , Section the City shall have the right, but not
the duty, to perform the necessary maintenance. If the City elects to perform such
maintenance, the City shall give written notice to the Association, with a copy thereof to the
Owners in the Project, setting forth with particularity the maintenance which the City finds
to be required and requesting the same be carried out by the Association within a period of
thirty (30) days from the giving of such notice. In the event that the Association fails to carry
out such maintenance of the Common Area Lots and/or Association’s Easements within the
period specified by the City’s notice, the City shall be entitled to cause such work to be
completed and shall be entitled to reimbursement with respect thereto from the Owners as
provided herein.
d. Special Assessments Levied by the City. In the event the City has performed the necessary
maintenance to either Common Area Lots and/or Association’s Easements, the City shall
submit a written invoice to the Association for all costs incurred by the City to perform such
maintenance of the Common Area Lots and or Association’s Easements. The City shall
provide a copy of such invoice to each Owner in the Project, together with a statement that
if the Association fails to pay such invoice in full within the time specified, the City will
pursue collection against the Owners in the Project pursuant to the provisions of this
Section. Said invoice shall be due and payable by the Association within twenty (20) days of
receipt by the Association. If the Association shall fail to pay such invoice in full within the
period specified, payment shall be deemed delinquent and shall be subject to a late charge
in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City
may pursue collection from the Association by means of any remedies available at law or in
equity. Without limiting the generality of the foregoing, in addition to all other rights and
remedies available to the City, the City may levy a special assessment against the Owners of
each Lot in the Project for an equal pro rata share of the invoice, plus the late charge. Such
special assessment shall constitute a charge on the land and shall be a continuing lien upon
each Lot against which the special assessment is levied. Each Owner in the Project hereby
vests the City with the right and power to levy such special assessment, to impose a lien
upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure
procedures against any Owner and his/her respective Lot for purposes of collecting such
special assessment in accordance with the procedures set forth in Article of this
Declaration.
e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit ____________.
f. Balconies, trellis, and decks. The individual lot or unit owner allowances and prohibitions
regarding balconies, trellis, and decks shall be as set forth in Exhibit __________.
17. Prior to issuance of building permits, the Developer shall submit to the City Planner a recorded
copy of the Condominium Plan filed with the Department of Real Estate which is in conformance
with the City-approved documents and exhibits.
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18. 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.
19. 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.
20. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities
District or other financing mechanism which is inconsistent with City Council Policy No. 38, by
allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any
other disclosure required by law or Council policy, the Developer shall disclose to future owners
in the project, to the maximum extent possible, the existence of the tax or fee, and that the
school district is the taxing agency responsible for the financing mechanism. The form of notice
is subject to the approval of the City Planner and shall at least include a handout and a sign
inside the sales facility, or inside each unit, stating the fact of a potential pass-through of fees or
taxes exists and where complete information regarding those fees or taxes can be obtained.
21. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the
City Planner, in the sales office or inside each unit, at all times. All sales maps that are
distributed or made available to the public shall include but not be limited to trails, future and
existing schools, parks, and streets.
22. Developer shall post a sign in the sales office, or inside each unit, in a prominent location that
discloses which special districts and school district provide service to the project. Said sign shall
remain posted until ALL of the units are sold.
23. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so
required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner
of an Outdoor Storage Plan, and thereafter comply with the approved plan.
24. 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.
25. Developer shall construct, install, and stripe not less than one (1) visitor parking space, as shown
on the project site plan.
26. The Minor Variance (AV 15-03) for reduced setbacks from Pine Avenue is specifically for the
building and balconies as shown on Exhibits “A” – “P” dated August 5, 2015. No future
extensions of the building into the required setback shall be permitted without approval of a
subsequent variance. Furthermore, no balconies that encroach into the required setback from
Pine Avenue shall be enclosed without approval of a subsequent variance.
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27. The final project design shall meet a 45 dB(a) CNEL interior noise level when openings to the
exterior of the residence are open or closed. If openings are required to be closed to meet the
interior noise standard, then mechanical ventilation shall be provided.
Engineering:
28. 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.
29. 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.
30. Developer shall submit to the city engineer an acceptable instrument, via CC&R’s and/or other
recorded document, addressing the maintenance, repair, and replacement of shared private
improvements within this subdivision, including but not limited to private sidewalks, landscaping
water quality treatment features and storm drain facilities located therein and to distribute the
costs of such maintenance in an equitable manner among the owners of the properties within
this subdivision.
31. Developer shall prepare, submit and process for city engineer approval a parcel map to
subdivide this project. Developer shall pay the city standard map review plan check fees.
32. Developer shall install sight distance corridors at all intersections of driveways and streets in
accordance with City Engineering Standards. The property owner shall maintain this condition.
Fees/Agreements
33. 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.
34. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city’s standard form Drainage Hold Harmless Agreement.
35. Prior to approval of any grading or building permits for this project, developer shall cause owner
to give written consent to the city engineer for the annexation of the area shown within the
boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping
District No. 1 and/or to the formation or annexation into an additional Street Lighting and
Landscaping District. Said written consent shall be on a form provided by the city engineer.
36. Prior to issuance of building permits, or grading permit, whichever occurs first, developer shall
cause owner to execute, for recordation, a city standard Local Improvement District Agreement
to pay fair share contributions for undergrounding of all existing overhead utilities and
installation of street lights, as needed, along the subdivision frontage, should a future district be
formed.
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Grading
37. 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 for city engineer review, post security and pay all applicable grading
plan review and permit fees per the city’s latest fee schedule.
38. A demolition permit will not be issued for removal of the existing structures prior to issuance
of a grading permit, unless approved by the building official.
39. Developer acknowledges that, pursuant to Order No. R9-2013-0001 issued by the California
Regional Water Quality Control Board, new storm water requirements become effective near
the end of 2015, and likely affect the design of this project. Prior to construction, Developer
shall demonstrate compliance with latest storm water requirements to the satisfaction of the
city engineer.
40. 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.
41. Developer shall complete and submit to the city engineer a Project Threat Assessment Form
(PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also
submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level
Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all 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.
42. Developer is responsible to ensure that all final design plans (grading plans, landscape plans,
building plans, etc.) incorporate all source control, site design, treatment control BMP,
applicable hydromodification measures, and Low Impact Design (LID) facilities.
43. Developer shall incorporate measures with this project to comply with Standard Stormwater
Requirements per the city’s Standard Urban Stormwater Management Plan (SUSMP). These
measures include, but are not limited to reducing the use of new impervious surfaces and
designing drainage from impervious surfaces to discharge over pervious areas (e.g.: turf,
landscape areas) all to the satisfaction of the city engineer.
Dedications/Improvements
44. Developer shall design the private drainage systems, as shown on the tentative map to the
satisfaction of the city engineer. All private drainage systems (12” diameter storm drain and
larger) shall be inspected by the city. Developer shall pay the standard improvement plan check
and inspection fees for private drainage systems.
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45. 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. Water services.
B. Sewer laterals.
C. Driveway approaches and curb, gutter and sidewalk replacement.
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.
46. Developer shall design all proposed public improvements including but not limited to (sewer
laterals, streetlights, pedestrian ramps, driveways, sidewalk, water services/meters, curb drains,
etc.) as shown on the tentative map. These improvements shall be shown on one of the
following, subject to city engineer approval:
A. Grading plans processed in conjunction with this project; or
B. Construction Revision to an existing record public improvement drawing.
Developer shall pay plan check and inspection fees using improvement valuations in accordance
with the city’s current fee schedule. Developer shall apply for and obtain a right-of-way permit
prior to performing work in the city right-of-way.
47. Prior to issuance of building permits, developer shall install separate sewer services to each unit
proposed by this tentative map. Sewer services shall be provided to the satisfaction of the city
engineer.
Non-Mapping Notes
48. Add the following notes to the final map as non-mapping data:
A. Developer has executed a city standard subdivision Improvement Agreement and has
posted security in accordance with C.M.C. Section 20.16.070 to install public
improvements shown on the tentative map. These improvements include, but are not
limited to:
A. Water services.
B. Sewer laterals.
C. Driveway approaches and curb, gutter and sidewalk replacement.
B. 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.
C. 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
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waters or drainage, or the concentration of surface waters or drainage from the
drainage system or other improvements identified in the city approved development
plans; or by the design, construction or maintenance of the drainage system or other
improvements identified in the city approved development plans.
Utilities
49. Developer shall meet with the fire marshal to determine fire protection measures (fire flows,
fire hydrant locations, building sprinklers) 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.
50. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
51. 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.
52. The developer shall provide separate potable water meters for each separately owned unit
within this subdivision.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
53. This tentative parcel map shall expire two years from the date on which the Planning
Commission voted to approve this application.
54. 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.
55. 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.
56. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final parcel map as
required by Chapter 20.44 of the Carlsbad Municipal Code.
57. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
58. 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.
59. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
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60. Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building permit issuance,
except as otherwise specifically provided herein.
61. The project shall comply with the latest nonresidential disabled access requirements pursuant
to Title 24 of the California Building Code.
62. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning
Commission’s decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the
appeal must be in writing and state the reason(s) for the appeal. The City Council must make a
determination on the appeal prior to any judicial review.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section 66020(a),
and file the protest and any other required information with the City Manager for processing in
accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will
bar any subsequent legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the
statute of limitations has previously otherwise expired.
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