HomeMy WebLinkAbout2017-09-12; City Council; Resolution 2017-183RESOLUTION NO. 2017-183
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A TENTATIVE TRACT MAP, MAJOR REVIEW
PERMIT, AND COASTAL DEVELOPMENT PERMIT FOR CONSTRUCTION OF A
HOTEL, SPA, RETAIL, AND RESIDENTIAL CONDOMINIUM PROJECT ON THE
SOUTH SIDE OF CHRISTIANSEN WAY BETWEEN CARLSBAD BOULEVARD AND
WASHINGTON STREET IN LAND USE DISTRICT 1 OF THE VILLAGE REVIEW
ZONE.
CASE NAME: BEACH VILLAGE LIFE 1 MIXED USE
CASE NO.: CT 16-03/RP 16-09/CDP 16-16 (DEV16019)
EXHIBIT 1
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 August 2, 2017, hold a duly
noticed public hearing as prescribed by law to consider Tentative Tract Map No. CT 16-03, Major
Review Permit No. RP 16-09, and Coastal Development Permit No. CDP 16-16 and adopted Planning
Commission Resolution No. 7248, recommending approval of Tentative Tract Map No. CT 16-03, Major
Review Permit No. RP 16-09 and Coastal Development Permit No. CDP 16-16; and
WHEREAS the City Council of the City of Carlsbad held a duly noticed public hearing to consider
said Tentative Tract Map, Major Review Permit, and Coastal Development Permit; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments of
all persons desiring to be heard, the City Council considered all factors relating to the Tentative Tract
Map, Major Review Permit, and Coastal Development Permit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the recommendation of the Planning Commission for the approval of Tentative
Tract Map No. CT 16-03, Major Review Permit No. RP 16-09, and Coastal Development
Permit CDP 16-16, is approved, and that the findings and conditions of the Planning
Commission contained in Planning Commission Resolution No. 7248 on file with the City
Clerk and incorporated herein by reference, are the findings and conditions of the City
Council.
3. This action is final the date this resolution is adopted by the City Council. The Provisions
of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall
apply:
EXHIBIT 1
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 12th day of September, 2017, by the following vote, to wit:
AYES:
NOES:
ABSENT:
M. Hall, K. Blackburn, M. Schumacher, M. Packard.
C. Schumacher.
None.
(SEAL)
SITE MAP
• N
NOT TO SCALE
Beach Village Life 1 Mixed Use
EXHIBIT 2
CT 16-03 I RP 16-09 I CDP 16-16 (DEV16019)
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EXHIBIT 3
PLANNING COMMISSION RESOLUTION NO. 7248
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE
TRACT MAP, MAJOR REVIEW PERMIT AND COASTAL DEVELOPMENT
PERMIT FOR THE CONSTRUCTION OF A HOTEL, SPA, RETAIL, AND
RESIDENTIAL CONDOMINIUM PROJECT ON THE SOUTH SIDE OF
CHRISTIANSEN WAY IN LAND USE DISTRICT 1 OF THE VILLAGE REVIEW
ZONE AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: BEACH VILLAGE LIFE 1 MIXED USE
CASE NO: CT 16-03/RP 16-09/CDP 16-16 (DEV16019)
WHEREAS, Beach Village Life 1, LLC, "Owner/Developer," has filed a verified application
with the City of Carlsbad regarding property described as
The northwesterly 60 feet of Block 10, of the Town of Carlsbad, City of
Carlsbad, County of San Diego, State of California, according to map
thereof no. 365, filed in the Office of the County Recorder of San Diego
County, February 2, 1887. Excepting therefrom the northeasterly
110.00 feet thereof and the southwesterly 129.00 feet thereof
("the Property"); and
WHEREAS, said verified application constitutes a request for a Tentative Tract Map, Major
Review Permit, and Coastal Development Permit as shown on Exhibits "A" -"U" dated August 2, 2017,
attached hereto and on file in the Carlsbad Planning Division, CT 16-03/RP 16-09/CDP 16-16 -BEACH
VILLAGE LIFE 1 MIXED USE, as provided by Chapters 20.12, 21.35 and 21.201 of the Carlsbad Municipal
Code;and
WHEREAS, the Planning Commission did, on June 7, 2017, hold a duly noticed public
hearing as prescribed by law to consider said request, and at the request of the applicant, tabled
consideration of the request; and
WHEREAS, the Planning Commission did, on August 2, 2017, hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the Tentative Tract Map, Major Review Permit, and Coastal Development Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad, as follows:
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A)
B)
That the above recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of CT 16-03/RP 16-09/CDP 16-16 -BEACH VILLAGE LIFE 1
MIXED USE, based on the following findings and subject to the following conditions:
Findings:
Tentative Tract Map CT 16-03
1.
2.
3.
4.
5.
6.
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 proposed one-lot tentative tract
map for a nine-unit air-space condominium subdivision is consistent with the General Plan and
satisfies all minimum requirements of the Village Master Plan, and Titles 20 and 21 of the
Carlsbad Municipal Code with respect to public facilities, access and parking as discussed in the
project staff report dated August 2, 2017.
That the proposed project is compatible with the surrounding future land uses since the
surrounding properties are developed, are currently designated as Village (V) in the General Plan
and are located in Land Use District 1-Carlsbad Village Center, of the Village Master Plan. The
subject property is bordered to the north by Christiansen Way and multiple-family residential;
to the south by a parking lot and commercial development; to the east by single-family
residential; and to the west by the Carlsbad Alkaline Water & Mineral Spa. The adjacent
properties are also located in Land Use District 1 of the Village Master Plan which allows a wide
variety of uses including mixed use developments which are permitted by right in Land Use
District 1. Therefore, the project is compatible with existing land uses and surrounding future
land uses.
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 the Village (V) General Plan Land Use designation allows residential development at a
density range of 28 to 35 dwelling units per acre. Based on a net acreage of 0.28 acres, the
proposed nine residential condominium units have a density of 32.1 dwelling units per acre.
Since the proposed project falls within the allowable density range and meets all required
development standards, the project is consistent with this finding.
That the design of the subdivision or the type of improvements will not conflict with easements
of record or easements established by court judgment, or acquired by the public at large, for
access through or use of property within the proposed subdivision, in that the project has been
designed and conditioned such that there are no conflicts with established easements.
That the property is not subject to a contract entered into pursuant to the Land Conservation Act
of 1965 (Williamson Act).
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 have been designed to
include operable windows on all elevations and balconies to maximize exposure of each unit to
natural light and ventilation from nearby coastal breezes.
PC RESO NO. 7248 -2-
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7.
8.
9.
10.
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 in that the applicant
proposes to purchase two (2) housing credits within the Tavarua Affordable Housing Project or
an alternative solution authorized by the City Council, to satisfy their inclusionary housing
obligations prior to the issuance of a building permit. As such, the project has been conditioned
to require approval of an Affordable Housing Agreement prior to approval of the final map.
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 vacant, previously developed lot is devoid of sensitive vegetation and any natural water
features. Therefore, the proposed project does not impact any fish, wildlife or habitat.
That the discharge of waste from the subdivision will not result in violation of existing California
Regional Water Quality Control Board requirements, in that the project has been designed in
accordance with the Best Management Practices for water quality protection in accordance
with the city's sewer and drainage standards and the project is conditioned to comply with the
National Pollutant Discharge Elimination System (NPDES) requirements.
That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that the existing street can accommodate the estimated 306
average daily trips (ADTs) and all required public right-of-way has been, or will be, dedicated
and has been, or will be, improved to serve the development. In addition, the proposed project
would not result in any significant capacity-related impacts to any road segments or
intersections.
Major Review Permit RP 16-09
11. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the city's General Plan, and the development standards of the Village Review
Zone and the Village Master Plan and Design Manual, based on the facts set forth in the staff
report dated August 2, 2017, including, but not limited to the following:
a. Land Use -The proposed project, which includes the construction of 17 hotel rooms, a spa,
retail, and 9 new residential condominiums, would enhance the vitality of the Village by
providing new residential, lodging, and commercial land uses near the downtown core area
as well as near the train station. Although staff initially had concerns with compatibility
between the hotel units and the residential units, the project has been adequately
redesigned to separate the uses. The project reinforces the pedestrian-orientation desired
for the downtown area by providing the residents an opportunity to walk to shopping,
recreation, and mass transit functions. The project's proximity to existing bus routes and
mass transit would help to further the goal of providing new economic development near
transportation corridors. Overall, the mixed use project would contribute to the
revitalization of the Village area through its proposed mix of uses.
b. Mobility -The proposed project has been designed to meet all of the circulation
26 requirements, which includes constructing two driveway access points from Christiansen
Way and constructing street frontage improvements consisting of 11 public parking spaces
27 and a pedestrian walkway. In addition, the applicant would be required to pay traffic
impact fees prior to the issuance of building permits that would go towards future road
28 improvements. The proposed project is located approximately 300 feet from the Carlsbad
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Village Drive train station which provides rail and bus service throughout the day. The
project's close proximity to the transit station would provide residents with the opportunity
to commute to major job centers and would also provide employees the opportunity to
utilize transit to commute to and from the project, thereby reducing vehicle miles traveled
{VMTs) and their carbon footprint. Furthermore, the project supports walkability and
mobility by locating the project near existing goods and services within the Village.
c. Noise -The proposed project is consistent with the Noise Element of the General Plan in
that the project has been conditioned to comply with the recommendations of the noise
analysis report {LSA, dated May 2017) to ensure that the proposed building design
adequately attenuates the noise levels for the new condominiums. The windows of each
unit will need to be closed to meet a 45 dB{a) CNEL interior noise level. Therefore,
mechanical ventilation is required. In addition, the project is conditioned to comply with
the construction requirements of the aforementioned noise study.
d. Housing -The proposed project is consistent with the Housing Element of the General Plan
and the city's lnclusionary Housing Ordinance, in that the proposed project is conditioned
to purchase two housing credits to fully satisfy the inclusionary requirement. The city's
Housing Policy Team recommended approval of the above-noted proposal and
recommended the developer purchase two housing credits within the Tavarua Affordable
Housing Project to satisfy the affordable housing requirement. The developer has shown
that constructing two affordable housing units on-site would not be financially feasible
since it would require the addition of an elevator and would reduce the sizes of the market
rate units. The project has been accordingly-conditioned to require the approval of an
Affordable Housing Agreement prior to approval of the final map.
e. Public Safety-The proposed structural improvements would be required to meet all seismic
design standards. In addition, the proposed project is consistent with all of the applicable
fire safety requirements. The project would be required to develop and implement a
program of "best management practices" for the elimination and reduction of pollutants
which enter into and/or are transported within storm drainage facilities.
f. Land Use District 1 Standards -The project, as designed, is consistent with the development
standards for Land Use District 1, the Village Design Guidelines, and all other applicable
regulations set forth in the Village Master Plan and Design Manual as discussed in the
project staff report dated August 2, 2017. The project is not requesting any deviations to
the development standards and all required parking is located on-site.
Coastal Development Permit CDP 16-16
12. That the proposed development is in conformance with the Certified Local Coastal Program and
all applicable policies in that views ofthe coastline, as seen from public lands or the public right-
of-way, will not be obstructed by the proposed project, nor will the project 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. The project site is not located in an area
of known geologic instability or flood hazard.
13. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
27 Coastal Act in that the project site is not located adjacent to the coast and therefore no public
opportunities for coastal shoreline access are available from the public site. Furthermore, the
28 site is also not suited for water-oriented recreation activities.
PC RESO NO. 7248 -4-
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14. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(Chapter 21.203 of the Zoning Ordinance) in that the project has been designed in accordance
with the Best Management Practices for water quality protection in accordance with the city's
sewer and drainage standards and the project is conditioned to comply with the National
Pollutant Discharge Elimination System (NPDES) requirements.
City Council Policy No. 43, Allocation for Excess Dwelling Units
15.
16.
17.
18.
19.
General
20.
That the city's Housing Policy Team recommended approval of the request for an allocation of
nine units from the city's Excess Dwelling Unit Bank.
That pursuant to CMC Chapter 21.85.030, for any market-rate residential development of seven
(7) or more units, not less than 15% of total units shall be restricted both as to occupancy and
affordability to lower income households. The proposal to construct nine residential
condominium units is satisfying its inclusionary housing obligation through the purchase of two
(2) housing credits within the Tavarua Affordable Housing Project, if available at time of building
permit issuance, or an alternative solution will need to be authorized subject to City Council
approval. The project has been accordingly conditioned to require the approval of an
Affordable Housing Agreement prior to approval of the final map.
That the project location and density are compatible with the existing adjacent residential
neighborhoods and/or nearby existing or planned uses in that the project is consistent with the
adjacent mix of residential and non-residential land uses and anticipated uses in Land Use
District 1 of the Village Master Plan.
That the project location and density are in accordance with the applicable provisions of the
General Plan and any other applicable planning document, in that the Village (V) General Plan
Land Use designation allows residential development at a density range of 28 to 35 dwelling
units per acre. Based on a net acreage of 0.28 acres, the proposed nine residential
condominium units have a density of 32.1 dwelling units per acre. The proposed project is
consistent with the intent of Land Use District 1 of the Village Master Plan and will contribute
towards the overall revitalization of the Village Area.
That there are an adequate number of units in the Excess Dwelling Unit Bank in the northwest
quadrant to allocate nine units. Per the city's Quadrant Dwelling Unit Report (latest available
dated May 2017), 650 units remain available for allocation in the Village.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 1 and all city public policies and ordinances. The project includes
elements or has been conditioned to construct or provide funding to ensure that all facilities and
improvements regarding: sewer collection and treatment; water; drainage; circulation; fire;
schools; parks and other recreational facilities; libraries; government administrative facilities; and
open space, related to the project will be installed to serve new development prior to or
concurrent with need. Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified School District
27 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
28 to the issuance of building permit.
PC RESO NO. 7248 -5-
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c. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
d. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected
prior to issuance of building permit.
That the project is consistent with the city's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
That the City Planner has determined that the project belongs to a class of projects that the State
Secretary for Resources has found do not have a significant impact on the environment, and it is
therefore categorically exempt from the requirement for the preparation of environmental
documents pursuant to Section 15332, In-fill Development Projects, of the state California
Environmental Quality Act (CEQA) Guidelines, of the state CEQA Guidelines.
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed to
mitigate impacts caused by or reasonably related to the project, and the extent and the degree
of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a
grading or building permit, or recordation of the Final Map, whichever occurs first.
1.
2.
3.
4.
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 Tentative Tract Map, Major
Village Review Permit and Coastal Development Permit.
Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Tentative Tract Map, Major Village Review Permit and Coastal
Development Permit documents, as necessary to make them internally consistent and in
conformity with the final action on the project. Development shall occur substantially as shown
on the approved Exhibits. Any proposed development, different from this approval, shall require
an amendment to this approval.
Developer shall comply with all applicable prov1s1ons of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
PC RESO NO. 7248 -6-
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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 Tentative Tract Map, Major Village Review Permit
and Coastal Development Permit, (b) city's approval or issuance of any permit or action, whether
discretionary or nondiscretionary, in connection with the use contemplated herein, and (c)
Developer/Operator's installation and operation of the facility permitted hereby, including
without limitation, any and 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 ifthe city's approval is not validated.
Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Tentative Map,
conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final
decision making body. The copy shall be submitted to the City Planner, reviewed and, if found
acceptable, signed by the city's project planner and project engineer. If no changes were required,
the approved exhibits shall fulfill this condition.
Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
This approval shall become null and void if building permits are not issued for this project within
24 months from the date of project approval.
Building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides written certification to the city that adequate water service
and sewer facilities, respectively, are available to the project at the time of the application for the
building permit, and that water and sewer capacity and facilities will continue to be available until
the time of occupancy. A note to this effect shall be placed on the Final Map.
Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFO
#1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section
5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone
1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If
the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall
become void.
25 12. Prior to recordation of the Final Map, 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
26 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) Tentative Tract Map,
27 Major Village Review Permit and Coastal Development Permit by Resolution(s) No. 7248 on the
property. Said Notice of Restriction shall note the property description, location of the file
28 containing complete project details and all conditions of approval as well as any conditions or
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restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority
to execute and record an amendment to the notice which modifies or terminates said notice upon
a showing of good cause by the Developer or successor in interest.
Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan
showing conformance with the approved Preliminary Landscape Plan and the city's Landscape
Manual. Developer shall construct and install all landscaping as shown on the approved Final
Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash,
and debris.
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.
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 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.
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
25 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
26 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
27 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
28 invoice shall be due and payable by the Association within twenty (20) days of receipt by the
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20.
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 ___ _
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.
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.
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 ofthe 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.
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.
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.
27 21. 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
28 an Outdoor Storage Plan, and thereafter comply with the approved plan.
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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.
Prior to the approval of the final map for any phase of this project, or where a 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 with the city to purchase two (2) inclusionary housing
credits within the Tavarua Affordable Housing Project if available at time of building permit
issuance or an alternative solution will need to be authorized subject to City Council approval.
The draft Affordable Housing Agreement shall be submitted to the City Planner no later than 60
days prior to the request to final the map. The recorded Affordable Housing Agreement shall be
binding on all future owners and successors in interest.
Prior to issuance of the building permit, verification shall be submitted confirming that the
buildings have been designed to comply with the recommendations of the noise study prepared
for the project (LSA, dated May 2017).
Engineering:
General
25.
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29.
Prior to hauling dirt or construction materials to or from any proposed construction site within
this project, developer shall apply for and obtain approval from, the City Engineer for the
proposed haul route.
This project is approved upon the express condition that building permits will not be issued for
the development of the subject property, unless the district engineer has determined that
adequate water and sewer facilities are available at the time of permit issuance and will continue
to be available until time of occupancy.
Developer shall submit to the city engineer an acceptable instrument, via CC&Rs and/or other
recorded document, addressing the maintenance, repair, and replacement of shared private
improvements within this subdivision, including but not limited to private (common areas, street
parkway, street trees, landscaping, parking lots, water quality treatment measures, low impact
development features, storm drain facilities, etc.) located therein and to distribute the costs of
such maintenance in an equitable manner among the owners of the properties within this
subdivision.
Developer shall prepare, submit and process for city engineer approval a final map to subdivide
this project. There shall be one Final Map recorded for this project. Developer shall pay the city
standard map review plan check fees.
Developer shall install sight distance corridors at all street intersections and driveways in
accordance with the City Landscape Manual. The property owner shall maintain this condition.
Fees/ Agreements
30. Developer shall provide evidence of an executed agreement with the westerly adjacent
property owner (APN 2031730200) regarding modification and access to the existing private
well and the offsite stub out of water pipes. Such evidence shall be provided to the City
Engineer.
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31.
32.
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The property owner shall maintain all landscaping (street trees, tree grates, shrubs,
groundcover, etc.) and irrigation along the parkway frontage with Christiansen Ave as shown
on the Tentative Map.
Developer shall cause property owner to execute and submit to the City Engineer for recordation,
the city's standard form Geologic Failure Hold Harmless Agreement.
Developer shall cause property owner to execute and submit to the City Engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
Developer shall cause property owner to submit an executed copy to the City Engineer for
recordation a city standard Permanent Stormwater Quality Best Management Practice
8 Maintenance Agreement.
9 Grading
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Based upon a review of the proposed grading and the grading quantities shown on the Tentative
Map, a grading permit for this project is required. Developer shall prepare and submit plans and
technical studies/reports as required by City Engineer, post security and pay all applicable grading
plan review and permit fees per the city's latest fee schedule.
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.
No offsite construction for private improvements shall occur outside the project unless developer
submits to the City Engineer, a temporary grading, construction easement or agreement from the
owners of the affected properties. If developer is unable to obtain the temporary grading or slope
easement, or agreement, no grading permit will be issued. In that case developer must modify
the plans so offsite construction for private improvements will not occur outside the project all
to the satisfaction of the City Engineer and City Planner.
Prior to issuance of the grading permit, the contractor shall submit a Construction Plan to the City
Engineer for review and approval. Said Plan may be required to include, but not be limited to,
identifying the location of the construction trailer, material staging, bathroom facilities, parking
of construction vehicles, employee parking, construction fencing and gates, obtaining any
necessary permission for off-site encroachment, addressing pedestrian safety, and identifying
time restrictions for various construction activities.
Storm Water Quality
39. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants of the above
requirements.
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40.
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Developer shall complete and submit to the City Engineer a Determination of Project's SWPPP
Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer
shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier
level Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the City Engineer.
Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee
schedule.
This project is subject to 'Priority Development Project' requirements. Developer shall prepare
and process a Storm Water Quality Management Plan (SWQMP), subject to City Engineer
approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP
required by this condition shall be reviewed and approved by the City Engineer with final grading
plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's
latest fee schedule.
Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control
BMP and applicable hydromodification measures.
Dedications/Improvements
43.
44.
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. Frontage improvements to Christiansen Avenue including but not limited to sidewalk, curb,
gutter, street widening, paved parking stalls, striping, signage, landscaping, water service, fire
service, sewer lateral, irrigation etc.
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.
Developer is responsible to ensure utility transformers or raised water backflow preventers
that serve this development are located outside the right-of-way as shown on the Tentative
Map and to the satisfaction of the City Engineer. These facilities shall be constructed within the
property.
Non-Mapping Notes
45. Add the following notes to the final map as non-mapping data:
25 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
26 on the Tentative Map. These improvements include, but are not limited to:
27 i. Frontage improvements to Christiansen Avenue including but not limited to sidewalk,
curb, gutter, street widening, paved parking stalls, striping, signage, landscaping, water
28 service, fire service, sewer lateral, irrigation etc.
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Utilities
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b. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
c. 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 Landscape
manual or line-of-sight per Caltrans standards.
d. The owner of this property on behalf of itself and all of its successors in interest has agreed
to hold harmless and indemnify the City of Carlsbad from any action that may arise through
any diversion of waters, the alteration of the normal flow of surface waters or drainage, or
the concentration of surface waters or drainage from the drainage system or other
improvements identified in the city approved development plans; or by the design,
construction or maintenance of the drainage system or other improvements identified in the
city approved development plans.
e. There are no public park or recreational facilities to be located in whole or in part within this
subdivision. The subdivider is therefore obligated to pay park-in-lieu fees in accordance with
section 20.44.050 of the Carlsbad Municipal Code and has either paid all of said park in-lieu
fees or agreed to pay all of said park-in-lieu fees in accordance with section 20.16.070 of the
Carlsbad Municipal Code.
The potable water service for this project shall be master-metered which shall be located within
a water easement subject to approval by the district engineer. Developer shall install private
sub-meters as necessary for all proposed units in the building. Final meter design, backflow
preventer, size, and manufacturer shall be provided to the satisfaction of the district engineer
and shown on public improvement plans.
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.
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 Department for
processing and approval by the district engineer.
Developer shall install potable water and/or irrigation water services and meters at locations
approved by the district engineer. The locations of said services shall be reflected on public
improvement plans.
The developer shall agree to install private sewer laterals and clean-outs at locations approved by
the City Engineer. The locations of sewer laterals shall be reflected on public improvement plans.
Code Reminders
51. 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.
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Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
Developer shall pay park-in-lieu fees in accordance with Section 20.44 of the City of Carlsbad
Municipal Code to the satisfaction of the City Engineer.
Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the
City of Carlsbad Municipal Code to the satisfaction of the City Engineer.
Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and
floor area contained in the staff report dated August 2, 2017, and shown on the tentative map
are for planning purposes only.
Subdivider shall comply with Section 20.16.040(d) of the Carlsbad Municipal Code regarding the
undergrounding of existing overhead utilities.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest
them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the
protest and any other required information with the City Manager for processing in accordance with
Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent
legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
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the City of Carlsbad, California, held on August 2, 2017, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Vice Chairperson Montgomery, Commissioners Anderson, Rodman and
Siekmann
Chairperson Segall, Commissioners Black and Goyarts
MARTY MONTGOMERY, ice Chair
CARLSBAD PLANNING COMMISSION
ATTEST:
~2L
DON NEU
16 City Planner
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