HomeMy WebLinkAbout2020-11-17; City Council; Resolution 2020-223RESOLUTION NO. 2020-223
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
TO CONSTRUCT A FOUR-STORY, 23-UNIT RESIDENTIAL APARTMENT
PROJECT WHICH INCLUDES THREE INCLUSIONARY HOUSING UNITS, ON
PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF
ROMERIA STREET AND GIBRALTAR STREET WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 6
CASE NAME: ROMERIA POINTE APARTMENTS
CASE NO.: SDP 2018-0004 (DEV2017-0151)
WHEREAS, the Planning Commission did, on March 20, 2019, hold a duly noticed public hearing as
prescribed by law to consider Site Development Plan No. SDP 2018-0004, as referenced in Planning Commission
Resolution No. 7324 approving the project; and
WHEREAS, at said hearing the Planning Commission voted 7-0 to approve the project; and
WHEREAS, on March 28, 2019, the appellant, Susan Ortman, timely filed an appeal with the city as
provided pursuant to Chapter 21.54 of the Carlsbad Municipal Code; and
WHEREAS, on June 11, 2019, the City Council of the City of Carlsbad held a duly noticed public hearing
to consider the appeal of the Planning Commission's decision to approve said Site Development Plan; and
WHEREAS, at said public hearing, the City Council remanded the project back to the Planning
Commission with the direction that a CEQA analysis be conducted and an Environmental Impact Report (EIR) be
prepared that focused on geotechnical and traffic impacts; and
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 July 15, 2020, upon remand of
the project from the City Council, hold a duly noticed public hearing as prescribed by law to consider
Site Development Plan No. SDP 2018-0004, as referenced in Planning Commission Resolution No. 7377
approving the project; and
WHEREAS, the Planning Commission voted 7-0 to approve the project; and
WHEREAS, on July 27, 2020, the appellant, Eileen Donovan, timely filed an appeal with the city
as provided pursuant to Chapter 21.54 of the Carlsbad Municipal Code; and
Nov. 17, 2020 Item #9 Page 12 of 612
WHEREAS the City Council of the City of Carlsbad, held a duly noticed public hearing to consider
the appeal of the Planning Commission's decision to approve said Site Development Plan; 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 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, that all matters not
specified in the appeal have been supported by substantial evidence with findings and approved by the
Planning Commission, and that the findings and conditions contained in Planning Commission
Resolution No. 7377 on file in the Office of the City Clerk and incorporated herein by reference, are the
findings and conditions of the City Council.
3. That this action is final the date this resolution is adopted by the City Council. The
Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply:
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 17th day of November, 2020, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel.
NAYS: Schumacher.
ABSENT: None.
MATT HALL, Mayor
PA-a1/7 -0f13-
BARBARA ENGLESON, City Clerk
(SEAL)
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Nov. 17, 2020 Item #9 Page 13 of 612
PLANNING COMMISSION RESOLUTION NO. 7377
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD,
CALIFORNIA, UPON REMAND FROM THE CITY COUNCIL AND
RECONSIDERATION, APPROVING SITE DEVELOPMENT PLAN SOP 2018-0004
TO CONSTRUCT A FOUR-STORY, 23-UNIT RESIDENTIAL APARTMENT
PROJECT WHICH INCLUDES THREE INCLUSIONARY HOUSING UNITS, ON
PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF ROMERIA
STREET AND GIBRALTAR STREET WITHIN LOCAL FACILITIES MANAGEMENT
ZONE 6.
CASE NAME:
CASE NO.:
ROMERIA POINTE APARTMENTS
SOP 2018-0004 (DEV2017-0151)
WHEREAS, BNR Investment & Development, LLC, "Developer/Owner," has filed a verified
application with the City of Carlsbad regarding property described as
Lots 393 and 394 of La Costa South Unit No. 5, in the City of Carlsbad,
County of San Diego, State of California, according to Map thereof No.
6600, filed in the office of the County Recorder of San Diego County,
March 10, 1970
("the Property"); and
WHEREAS, said verified application constitutes a request for a Site Development Plan and
residential density bonus as shown on Exhibit(s) "A" -"00" dated March 20, 2019, on file in the Planning
Division, SOP 2018-0004-ROMERIA POINTE APARTMENTS as provided by Chapters 21.06 and 21.86, and
Section 21.53.120 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on March 20, 2019, hold a duly noticed public
hearing as prescribed by law to consider Site Development Plan No. SOP 2018-0004, as referenced in
Planning Commission Resolution No. 7324 approving the project; and
WHEREAS, at said hearing the Planning Commission voted 7-0 to approve the project; and
WHEREAS, on March 28, 2019, the appellant, Susan Ortman, timely filed an appeal with
the city as provided p·ursuant to Chapter 21.54 of the Carlsbad Municipal Code; and
EXHIBIT 2
Nov. 17, 2020 Item #9 Page 14 of 612
WHEREAS, on June 11, 2019, the City Council of the City of Carlsbad held a duly noticed
public hearing to consider the appeal of the Planning Commission's decision to approve said Site
Development Plan; and
WHEREAS, at said public hearing, the City Council remanded the project back to the
Planning Commission with the direction that a CEQA analysis be conducted and an Environmental Impact
Report {EIR) be prepared that focused on geotechnical and traffic impacts; and
WHEREAS, on July 15, 2020, upon remand of the project from the City Council, the
Planning Commission reconsidered Site Development Plan SDP 2018-0004 based on the supplemental
geotechnical and traffic analysis provided and a new CEQA analysis conducted by the city planner; and
WHEREAS, at said public hearing, upon hearing and considering all testimony .and
arguments, if any, of all persons desiring to be heard, the Planning Commission considered all factors
relating to the Site Development Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) · That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning Commission
APPROVES SOP 2018-0004 -ROMERIA POINTE APARTMENTS based on the following
findings and subject to the following conditions:
Findings:
Site Development Plan, SDP 2018-0004
1. That the proposed development or use is consistent with the General Plan and any applicable
master plan or specific plan, complies with all -applicable provisions of Chapter 21.06 of the
Carlsbad Municipal Code, and all other applicable provisions of this code, in that the various goals
and objectives of the General Plan will be implemented as the proposed project is consistent
with the General Plan, which allows for a mixture of residential uses, including multiple-family
residential, within the R-23 Residential Land Use designation. Although the project's density of
31.9 dwelling units per acre is above the maximum R-23 Residential density of 23 du/ac as the
project includes a request for a residential density bonus, the 23-unit residential apartment
project can be found consistent with the General Plan Land Use Policies as discussed below and
PC RESO NO. 7377 -2-Nov. 17, 2020 Item #9 Page 15 of 612
in Section A and Table 5 of the project Staff Report to the Planning Commission dated March
20, 2019.
2. 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
multiple-family residential is a permitted use within the Residential Density -Multiple (RD-M)
Zone and is compatible with the other multiple-family residential uses surrounding the project
site. The residential apartment project will not adversely impact the site, surroundings, or traffic
circulation. The existing surrounding streets have adequate capacity to accommodate the 138
Average Daily Trips {ADT) generated by the project with lltotal morning peak hour trips and
12 total evening peak hour trips. A traffic impact analysis (TIA) was prepared by Linscott, Law &
Greenspan, Engineers on March 9, 2020, and determined that the project does not create any
significant traffic impacts. There will be no significant project impacts to vehicular queueing at
signalized intersections and no significant project impacts per regional SANTEC/ITE significance
criteria. With the provision of city-required street improvements, the TIA's multi-modal analysis
indicates that the project will improve pedestrian level of service (LOS) from LOS C to LOS A.
Furthermore, city staff and athird-party geotechnical engineering consultant have reviewed the
geotechnical study and supplemental geotechnical information and concur with its technical
analysis and geotechnical. recommendations for the project. Since all recommendations in the
study will be implemented, the project will not adversely impact its surroundings as further
described in the CEQA findings below. With exception to the allowance for increased building
height through the density bonus process, the project complies with all minimum development
standards of the Carlsbad Municipal Code, including but not limited to the RD-M Zone, and the
project is adequately parked on-site and does not result in any environmental impacts.
3. That the site for the intended development or use is adequate in size and shape to accommodate
the use, in that with exception to the allowance for increased building height as discussed in the
project staff report, the residential apartment project complies with all remaining development
standards of the Residential Density -Multiple (RD-M) Zone and all other applicable sections
of the Zoning Ordinance.
4. 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 with exception to the allowance for
increased building height the project complies with all remaining development standards (i.e.
front, side and rear setbacks, lot coverage, parking) of the Residential Density -Multiple (RO-
M) Zone and all other applicable sections of the Zoning Ordinance. Landscaping along the outer
edges of the property, including the areas along Romeria Street and Gibraltar Street, will be
provided consistent with the requirements of the city's Landscape Manual.
5. 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 project will take access off Romeria Street
with vehicles traveling to and from the project on Gibraltar Street as well. Romeria Street and
Gibraltar Street are identified as local streets, designed to adequately handle the 138 Average
Daily Trips generated by the 23-unit residential apartment project.
PC RESO NO. 7377 -3-Nov. 17, 2020 Item #9 Page 16 of 612
Residential Density Bonus, CMC Chapter 21.86
6. The project is consistent with the provisions of CMC Chapter 21.86 in that the proposed
residential apartment project meets all of the standards, including the requisite 35% of "very
low-income", deed-restricted inclusionary housing. In addition, increased building height is an
allowable concessi~n.
. .
7. The requested incentive(s) or concession(s) will result in identifiable, financially sufficient, and
actual cost reductions in that the allocation of excess dwelling units allows for a financially
feasible project by sharing construction costs among all units including the land, permitting and
construction costs. The allowance for increased building height allows the project to provide ·
three stories of economically viable units since the ground floor is mai•nly dedicated to parking.
8. The requested ihcentive(s) or concession(s), and/or waiver(s) or reduction(s) of development
standards is not contrary to state or federal law in that increased number of units and a waiver
from a development standard (building height) is clearly laid out as an incentive and concession
for density bonus projects in California and pursuant to CMC Chapter 21.86.050 and
Government Code §65915(k) and (o).
City Council Policy No. 43, Allocation for Excess Dwelling Units
9. That the city's Housing Policy Team recommended approval of the request for an allocation of
nine (9) units from the Excess Dwelling Unit Bank on January 22, 2019.
10. 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 includes a request for
a 35% density bonus pursuant to CMC Chapter 21.86, Residential Density Bonus and Incentives
or Concessions. The project meets the applicable findings associated with the proposed density
bonus request. Adjacent land uses include two-and three-story multi-family residential. The
proposed four-story multi-family residential apartment project is compatible with the
surrounding land uses.
11. 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 a residential apartment project
is consistent with the R-23 Residential General Plan Land Use designation and the proposed
35% density bonus is consistent with the provisions in CMC Chapter 21.86.
12. That the project complies with the findings stated in the General Plan Land Use Element for
projects that exceed the growth management control point for the applicable density range in
that the project qualifies for and will receive an allocation of excess dwelling units pursuant to
City Council Policy No. 43, the Southeast Quadrant dwelling unit limit will not be exceeded as a
result of the proposed project, and all necessary public facilities will be constructed or are
guaranteed to be constructed concurrently with the need for them created by this
development.
13. That there are an adequate number of units in the Excess Dwelling Unit Bank in the Southeast
Quadrant to remove nine (9) units. Per the city's Quadrant Dwelling Unit Report dated May 31,
2019, 316 units remain available for allocation in the Southeast Quadrant.
PC RESO NO. 7377 -4-Nov. 17, 2020 Item #9 Page 17 of 612
California Environmental Quality Act:
14. The city planner has determined, and the Planning Commission finds, that the project belongs to
a class of projects that the State Secretary for Resources has found do not have a significant
impact on the environment, and it is therefore categorically exempt from the requirement for
preparation of environmental documents pursuant to Section 15332 -In-Fill Development
Projects of the State CEQA Guidelines as an infill development project. In making this
determination, the Planning Commission finds that the criteria listed in Section 15332 of the State
CEQA Guidelines have been met and that the exceptions listed in Section 15300.2 of the State
CEQA Guidelines do not apply to this project.
Section 21084 of the Public Resources Code requires the State CEQA Guidelines to include a list
of classes of projects which have been determined not to have a significant effect on the
environment and which shall, therefore, be exempt from the provisions of CEQA. Section 15332
is one of 32 classes of projects that have been identified as categorical exemptions. Each of the
criteria set forth in Section 15332 is set out below and an explanation is provided demonstrating
how the project meets and satisfies the criteria. In addition, each applicable exception to the
categorical exemptions is set out below and an explanation provided demonstrating how the
exception does not apply to the project.
(a) The project meets the threshold criteria set forth in {CEQA Guidelines] section 15332.
{b) An exception listed in Section 15300.2 does not apply to the project.
Section 15332 Compliance
CEQA Guidelines Section 15332 sets forth additional criteria which must be met for a project to
be exempt from CEQA. In order to qualify for an exemption, an in-fill development project must
meet all of the threshold criteria set forth below.
(a) The project is consistent with the applicable general plan designation and all applicable general
plan policies as well as with applicable zoning designation and regulations.
Finding: The General Plan Land Use designation for the property is R-23 Residential, which
allows residential development at a density range of 15-23 dwelling units per acre (du/ac).
In order to construct 23 units, the applicant is requesting approval of a density bonus
· pursuant to CMC Chapter 21.86, the Residential Density Bonus and Incentives or
Concessions Ordinance. CMC Chapter 21.86 was established as a means to implement state
law, and the goals, objectives and policies of the Housing Element of the General Plan which
includes the provision to provide housing affordable to lower-and moderate-income
households. As further detailed in this resolution and the project's March 20, 2019, staff
report, the project is consistent with the general plan and zoning regulations.
(b) The proposed development occurs within city limits on a project site of no more than five acres
substantially surrounded by urban uses.
PC RESO NO. 7377 -5-Nov. 17, 2020 Item #9 Page 18 of 612
Finding: The proposed development is located within the current city limits of the City of
Carlsbad on a 0.72-acre site. The undeveloped project site is bordered by multiple-family
residential developments to the south and west, with Romeria Street to the east and
Gibraltar Street to the north. Addi~ional multiple-family residential is located across the
street to the east and north. Therefore, the proposed development is within the city limits
on a site no more than five acres and is substantially surrounded by urban uses.
( c) The project site has no value as habitat for endangered, rare or threatened species.
Finding: The project site is previously graded, disturbed land. The 0.72-acre site is
surrounded by existing residential development and does not contain any sensitive habitat.
No riparian, aquatic or wetland habitats are located onsite nor adjacent to the project site.
Therefore, the project site has no value as habitat for endangered, rare or threatened
species.
(d) Approval of the project would not result in any significant effects related to (i) traffic, (ii) noise,
(iii) air quality, or (iv) water quality.
Findings:
(i) A traffic impact analysis was prepared by Linscott, Law & Greenspan, Engineers on March
9, 2020. The city's traffic engineer has reviewed the traffic analysis that was prepared for
the proposed project and concurs with the technical findings and determinations that the
project does not create any significant traffic impacts pursuant to CEQA or the city's Growth
Management Plan. No traffic mitigation measures are required. Therefore, the project will
not result in any significant effects related to traffic.
(ii) A noise study by Rincon Consultants, Inc, dated January 2017, was provided. The
apartment project does not have any required exterior private recreation areas and
therefore is not subject to the maximum 60 dB(a) CNEL noise level. Given the exterior noise
levels and modern building construction that meets or exceeds the 2016 California Green
Building Code requirements, the project will experience interior noise levels below the city's
required 45 dB(a) CNEL interior noise level. The project will have temporary noise impacts
associated with the construction of the project. However, the project is located within an
urban area and the city regulates construction noise by restricting the allowable hours of
construction. Construction can occur Monday through Friday from 7 a.m. to 6 p.m. and
Saturday 8 a.m. to 6 p.m.; no work can be conducted on Sundays or on federal holidays.
Once constructed, the apartment project will not produce any significant noise. Therefore,
the project will not have any significant effects related to noise.
(iii) The project involves the development of 23 apartments, which include emissions
associated with grading and construction. Emissions would be minimized through standard
construction measures, would be minimal, temporary and localized, resulting in pollutant
emissions that are not anticipated to significantly contribute to an existing or projected air
quality violation. Vehicle trip emissions associated with travel to and from the proposed
apartments will result in 138 Average Daily Trips (ADTs). Vehicle trip emissions associated
with the project are minimal and not anticipated to significantly contribute to an existing
or projected air quality violation. The proposed project would represent a contribution to a
cumulatively considerable potential net increase in emissions throughout the air basin. As
PC RESO NO. 7377 -6-Nov. 17, 2020 Item #9 Page 19 of 612
described above, however, emissions associated with the proposed project would be
minimal. Given the limited emissions potentially associated with the proposed project, air
quality would be essentially the same whether or not the proposed project is implemented.
According to the CEQA Guidelines Section 15064(h)(3), the proposed project's incremental
contribution to the cumulative effect is not cumulatively considerable. Therefore, the
project will not produce any significant effects related to air quality.
(iv) The project has been conditioned to comply with the city's Stormwater Regulations and
implement best management practices at all times, complete and submit to the city a
Determination of Project's SWPPP Tier Level and Construction Threat Level Form, and
submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level
Storm Water Pollution Prevention Plan (SWPPP). The project is subject to 'Priority
Development Project' requirements and a Storm Water Quality Management Plan
(SWQMP) will be prepared.
(e) The site can be adequately served by all required utilities and public services.
Finding: The project will develop 23 apartments, which is consistent with the General Plan
and therefore will not affect the provision and availability of public facilities (water,
wastewater, fire protection, police protection, schools, parks, libraries, etc.). Through the
Carlsbad Growth Management Plan and Zone 6 Local Facilities Management Plan (LFMP),
the impacts of development on public services were analyzed and the project has been
designed and/or conditioned to provide adequate public services to meet the needs of
development. The project is conditioned to comply with the Zone 6 LFMP performance
standards to ensure that adequate public facilities and services are provided prior to or
concurrent with the development. Since multi-family residential development was
anticipated and analyzed by the General Plan and Zone 6 LFMP for this site, the project will
be adequately served by all required utilities and public services.
Section 15300.2 Compliance
(a) Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be
located -a project that is ordinarily insignificant in its impact on the environment may in a
particularly sensitive environment be significant. Therefore, these classes are considered to apply
in all instances, except where the project may impact on an environmental resource of hazardous
or critical concern where designated, precisely mapped, and officially adopted pursuant to law by
federal, state, or local agencies.
Finding: The project qualifies for a Class 32 exemption and therefore this exception is not
applicable.
(b) Cumulative Impact. All exemption for these classes are inapplicable when the cumulative
impact of successive projects of the same type in the same place, over time is significant.
Finding: The San Diego Association of Governments (SAN DAG) projects regional growth for
the greater San Diego area, and local General Plan land use policies are incorporated into
SAN DAG projections. Based upon those projections, region-wide standards, including storm
water quality control, air quality standards, habitat conservation, congestion management
PC RESO NO. 7377 -7-Nov. 17, 2020 Item #9 Page 20 of 612
standards, etc. are established to reduce the cumulative impacts of development in the
region. All of the city's development standards and regulations are consistent with the
region wide standards. The city's standards and regulations, including grading standards,
water quality and drainage standards, traffic standards, habitat and cultural resource
protection regulations, and public facility standards, ensure that development within the
city will not result in a significantly cumulatively considerable impact. The project is subject
to city standards and regulations which will ensure that development of the site will not
result in any significant cumulatively considerable impacts.
(c) Significant Impact. A categorical exemption shall not be used for an activity where there is a
reasonable possibility that the activity will have a significant effect on the environment due to
unusual circumstances.
Finding: As detailed in the July 15, 2020, project staff report, opinions were expressed
during the City Council hearing on June 11, 2019 that using cast-in-drilled-hole piles for
support of the proposed project and site retaining walls is an unusual form of engineering
mitigation. Cast-in-drilled-hole piles are commonly used to transfer structural loads through
potentially compressible soils and into suitable bearing earth materials when remedial
grading is not practical or feasible. The potentially compressible earth materials within the
project site extend to depths as great as 35 feet below existing grade. Because of this
condition and the limi.ted space available within the project site for deep material
excavations, full-depth remedial grading would require extensive shoring with lateral
tiebacks that would extend onto neighboring properties. Furthermore, there is insufficient
space to temporarily stockpile the excavated materials. This full-depth remedial grading is
not practical from both logistical and financial perspectives. The use of CIDH piles is less
invasive than full depth remedial grading and will provide adequate support of the
proposed buildings and site retaining walls. Additionally, opinions were expressed during
the City Council hearing on June 11, 2019 that traffic could be a significant impact since a
traffic impact analysis was not prepared for the project. Since the City Council hearing, a
traffic impact analysis was prepared and reviewed by the city's traffic engineer. Staff
concurs with the technical findings and determinations that the project does not create any
significant traffic impacts pursuant to CEQA or the city's Growth Management Plan.
Therefore, there is not a reasonable possibility that the project will have a significant effect
on the environment due to unusual circumstances.
(d) Scenic Highways. A categorical exemption shall not be used for a project which may result in
damage to scenic resources, including but not limited to, trees, historic buildings, rock
outcroppings, or similar resources, within a highway officially designated as a state scenic
highway. This does not apply to improvements which are required as mitigation by an adopted
negative declaration or certified E/R.
Finding: The project site is not located within or adjacent to a highway officially designated
as a state scenic highway. Therefore, this exception is not applicable.
(e) Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a
site which is included on any list compiled pursuant to Section 65962.5 of the Government Code.
PC RESO NO. 7377 -8-Nov. 17, 2020 Item #9 Page 21 of 612
General
Finding: The project site is not included on any list compiled pursuant to Section 65962.5
of the Government Code.
(f) Historical Resources. A categorical exemption shall not be used for a project which may cause
a substantial adverse change in the significance of a historical resource.
Finding: The project site has been previously graded but undeveloped. No historical
resources exist on or around the project site.
15. 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
March 20, 2019 including, but not limited to the following:
a. Land Use & Community Design -The 23-unit residential apartment project is consistent with
the elements and objectives of the General Plan as discussed in Section "A" of the project
staff report. The proposed 23-unit residential apartment project qualifies for an allocation
of excess dwelling units pursuant to City Council Policy No. 43 since the project includes the
required inclusionary housing units required by CMC Chapters 21.85 and 21.86 and the
project is conditioned to execute affordable housing and density bonus housing
agreements. There are currently excess dwelling units available in the Southeast Quadrant
as a result of residential projects approved at densities below the GMCP. All necessary
public facilities required by the Citywide Facilities and Improvements Plan will be
constructed, or are guaranteed to be constructed, concurrently with the need for them
created by this development and in compliance with adopted city standards.
b. Mobility -The proposed project has been designed to meet applicable circulation
requirements, which include two driveway access points from Romeria Street. In addition,
the applicant will be required to pay traffic impact fees prior to issuance of a building permit
that will go towards future road improvements. The proposed project will maintain an
existing sidewalk along Romeria Street and ~ibraltar Street which will provide pedestrian
access to and from the project.
c. Noise -The project consists of 23 residential apartments located in two buildings. A noise
study by Rincon Consultants, Inc, dated January 2017, was provided. The apartment project
does not have any required exterior private recreation areas and therefore is not subject to
the maximum 60 dB(a) CNEL noise level. Given the exterior noise levels and modern building
construction that meets or exceeds the 2016 California Green Building Code requirements,
the project will experience interior noise levels below the required 45 dB(a) CNEL interior
noise level.
d. Public Safety -The proposed structural improvements are required to be designed in
conformance with all seismic design standards. In addition, the proposed project is
consistent with all of the applicable fire safety requirements.
e. Housing -The proposed project includes 15%, or three, inclusionary units which will be
required to be rented to very low-income households. The provision for inclusionary
PC RESO NO. 7377 -9-Nov. 17, 2020 Item #9 Page 22 of 612
housing will contribute toward achieving the city's Regional Housing Needs. The project
has been conditioned accordingly to require the approval of an Affordable Housing
Agreement prior to building permit issuance.
16. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 6 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 Encinitas Union 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 6 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
17. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance {Carlsbad Municipal Code Chapter 18.50).
18. 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. All findings and conditions contained in
Planning Commission Resolution No. 7324 are superseded by the findings and conditions
contained in this resolution.
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.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Site Development Plan documents, as necessary to make them internally
consistent and in conformity with the final action on the project. Development shall occur
PC RESO NO. 7377 -10-Nov. 17, 2020 Item #9 Page 23 of 612
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 Site Development Plan, (b) city's approval or issuance
of any permit or action, whether discretionary or nondiscretionary, in connection with the use
contemplated herein, .and (c) Developer/Operator's installation and operation of the facility
permitted hereby, including without limitation, any and all liabilities arising from the emission by
the facility of electromagnetic fields or other energy waves or emissions. This obligation survives
until all legal proceedings have been concluded and continues even if the city's approval is not
validated.
6. Prior to submittal of the building plans, improvementplans, 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.
7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Encinitas Union 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 6 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
9. This approval shall become null and void if building permits are not issued for this project within
24 months from the date of project approval.
10. Building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides written certification to the city that adequate water service
and sewer facilities, respectively, are available to the project at the time of the application for the
building permit, and that water and sewer capacity and facilities will continue to be available until
the time of occupancy.
PC RESO NO. 7377 -11-Nov. 17, 2020 Item #9 Page 24 of 612
11. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD
#1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section
5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone
6, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If
the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall
become void.
12. 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.
13. 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 building,
improvement, and grading plans.
14. 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.
15. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in substance
as provided in Building Department Policy No. 80-6, to the satisfaction of the Director of
Community Development.
16. Prior to the issuance of the building permit, Developer shall submit to the city a. Notice of
Restriction executed by the owner of the real property to be developed. Said notice is to be filed
in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all
interested parties and successors in interest that the City of Carlsbad has issued a(n) Site
Development Plan by Resolution(s) No. 7377 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.
17. 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.
18. Prior to the recordation of the parcel map for any phase of this project, or where a parcel map is
not being processed, prior to the issuance of building permits for any lots or units, the Developer
shall enter into an Affordable Housing Agreement and Density Bonus Housing Agreement with
the City to provide and deed restrict three (3) inclusionary dwelling units. Specifically, three (3)
units shall be rented at a price affordable to very low-income households at· 50% or less of the
San Diego County Area Median Income for 55 years, in accordance with the requirements and
PC RESO NO. 7377 -12-Nov. 17, 2020 Item #9 Page 25 of 612
process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing
Agreement and Density Bonus Housing Agreement shall be submitted to the City Planner no later
than 60 days prior to building permit issuance. The recorded Agreements shall be binding on all
future owners and successors in interest.
Engineering:
General
19. 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.
20. The 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.
21. The developer shall complete processing of a lot line adjustment between lot 392 and lot 393 as .
shown on the site plan.
22. The 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.
23. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover, etc.)
and irrigation along the parkway frontage with Gibraltar Street and Romeria Street as shown on
the Site Plan.
Fees/ Agreements
24. 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.
25. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
26. 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.
27. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for
recordation, an Encroachment Agreement covering private enhanced pavement located over
existing public right-of-way as shown on the site plan. Developer shall pay processing fees per the
city's latest fee schedule.
PC RESO NO. 7377 -13-Nov. 17, 2020 Item #9 Page 26 of 612
Grading
28. Based 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 as required by city engineer, post security and pay all applicable grading
plan review and permit fees per the city's latest fee schedule.
29. If needed, as determined by the city engineer, upon completion of grading, developer shall file
an "as-graded" geologic plan with the city engineer. The plan shall clearly show all the geology as
exposed by the grading operation, all geologic corrective measures as actually constructed and
must be based on a contour map which represents both the pre and post site grading. The plan
shall be signed by both the soils engineer and the engineering geologist, and shall be submitted
on a 24" x 36" mylar or similar drafting film format suitable for a permanent record.
30. Prior to approval of the grading plans, the applicant 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, material deliveries, 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. All material staging, construction
trailers, bathroom facilities, etc. shall be located outside the public right-of-way unless otherwise
approved by the city engineer or Construction Management & Inspection engineering manager.
31. Concurrent with the grading plans Developer shall include shoring plans as part of the grading
plans to the satisfaction of the city engineer and building official. Structural calculations for all
shoring shall be submitted for review and approval by the building division. Developer shall pay
all deposits necessary to cover any 3rd party review.
Storm Water Quality
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.
33. 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.
34. The 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
PC RESO NO. 7377 -14-Nov. 17, 2020 Item #9 Page 27 of 612
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.
35. 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
36. 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.
37. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a
right-of-way permit to the satisfaction of the city engineer.
38. Developer shall prepare and process public improvement plans and, prior to city engineer
approval of said plans, shall execute a city standard Development Improvement Agreement to
install and shall post security in accordance with C.M.C. Section 20.16.070 for public
improvements shown on the site plan. Said improvements shall be installed to city standards to
the satisfaction of the city engineer. These improvements include, but are not limited to:
A. Driveways, sidewalk, and curb ramps,
B. Sewer laterals, water services and water meters,
C. Irrigation services and fire services,·
D. Curb outlets,
E. · Street trees, and
F. Streetlight
39. Developer shall pay the standard improvement plan check and inspection fees in accordance with
the fee schedule. Improvements listed above shall be constructed within 36 months of approval
of the development improvement agreement or such other time as provided in said agreement.
40. Due to access by Waste Management trucks, developer shall design, and obtain approva·I 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 be responsible to ensure utility transformers or raised water backflow preventers
that serve this development are located outside the right-of-way to the satisfaction of the city
engineer. These facilities shall be constructed within the property.
PC RESO NO. 7377 -15-Nov. 17, 2020 Item #9 Page 28 of 612
Utilities
42. 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.
43. 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.
44. 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.
45. 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.
46. The developer shall design and agree to construct public water, sewer, and recycled water
facilities substantially as shown on the site plan to the satisfaction of the district engineer and city
engineer.
47. The developer shall meet with and obtain approval from the Leucadia Wastewater District
regarding sewer infrastructure available or required to serve this project.
48. 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:
49. 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.
50. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and
floor area contained in the staff report and shown on the site plan are for planning purposes
only.
51. Developer shall pay Bridge and Thorou~hfare District #1 fees based on Section 20.08.140 of
the City of Carlsbad Municipal Code to the satisfaction of the city engineer.
52. Developer shall pay park-in-lieu fees in accordance with Section 20.44 of the City of Carlsbad
Municipal Code to the satisfaction of the City Engineer.
PC RESO NO. 7377 -16-Nov. 17, 2020 Item #9 Page 29 of 612
53. Prior· to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
54. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 6 as required by Carlsbad Municipal Code Section 21.90.050.
55. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of
the Carlsbad Municipal Code.
56. 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.
57. This project shall comply with the latest nonresidential disabled access requirements pursuant to
Title 24 of the California Building Code.
58. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 17.04.060.
59. Any signs proposed for this development shall at a minimum be designed in conformance with
the city's Sign Ordinance and shall require review and approval of the City Planner prior to
installation of such signs.
60. All required parking shall be made permanently available and be permanently maintained for
parking purposes. A garage may be used for limited storage provided that the number of
vehicles the garage is designed for can fit in the garage and provided that the limited Storage
does not create a fire hazard.
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 Ca rlsbad 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 collec;:tively referred to for convenience as "fees/exactions."
You have 90 days from date offinal 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.
PC RESO NO. 7377 -17-Nov. 17, 2020 Item #9 Page 30 of 612
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on July 15, 2020, by the following vote, to wit:
AYES: Chair Anderson, Commissioners Geidner, Lafferty, Luna, Meenes, Merz and Stine.
NOES:
ABSENT:
ABSTAIN:
~~rfe,l<IW
VEL YN ANDERSON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
PC RESO NO. 7377 -18-Nov. 17, 2020 Item #9 Page 31 of 612