HomeMy WebLinkAbout2017-02-28; City Council; Resolution 2017-038EXHIBIT 1
RESOLUTION NO. 2017-038
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A MAJOR REVIEW PERMIT AND MINOR
SUBDIVISION TO DEMOLISH AN EXISTING RESTAURANT, REMOVE A 57-
FOOT-TALL FREEWAY POLE SIGN, AND CONSTRUCT A FOUR-STORY, 45-
FOOT-TALL, MIXED-USE BUILDING, INCLUDING GROUND FLOOR RETAIL
AND OFFICE USES, AND 106 RESIDENTIAL APARTMENTS, 16 OF WHICH WILL
BE DESIGNATED AS AFFORDABLE HOUSING UNITS, AT 1044 CARLSBAD
VILLAGE DRIVE.
CASE NAME: CARLSBAD VILLAGE LOFTS
CASE NO.: RP 16-05/MS 16-06
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 January 4, 2017, hold a duly
noticed public hearing as prescribed by law to consider Major Review Permit No. RP 16-05 and Minor
Subdivision No. MS 16-06 and adopted Planning Commission Resolution No. 7220, recommending
approval of Major Review Permit No. RP 16-05 and Minor Subdivision No. MS 16-06; and
WHEREAS the City Council of the City of Carlsbad, held a duly noticed public hearing to consider
said Major Review Permit and Minor Subdivision; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all persons desiring to be heard, the City Council considered all factors relating to the Major
Review Permit and Minor Subdivision.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
I. That the above recitations are true and correct.
2. That the recommendation of the Planning Commission for the approval of Major Review
Permit No. 16-05 and Minor Subdivision No. MS 16-06, is approved, and that the findings and
conditions of the Planning Commission contained in Planning Commission Resolution No. 7220, on file
with the City Clerk and incorporated herein by reference, are the findings and conditions of the City
Council, with the addition of the following conditions:
a. The residential and commercial parking garages shall be designed to include security
• fencing and gates, to the satisfaction of the City Planner.
b. The sidewalk along the Carlsbad Village Drive frontage shall have a minimum width of
10 feet, to the satisfaction of the City Planner and City Engineer.
EXHIBIT 1
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:
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 28th day of February 2017, by the following vote, to wit:
AYES: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
NOES: None.
ABSENT: None.
MATT HALL, Mayor
BARBARA ENGLESON, City Clerk
(SEAL)
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MAJOR
REVIEW PERMIT AND MINOR SUBDIVISION TO DEMOLISH AN EXISTING
RESTAURANT AND REMOVE A 57-FOOT-TALL FREEWAY POLE SIGN FOR
THE CONSTRUCTION OF A FOUR-STORY, 45-FOOT-TALL, MIXED-USE
PROJECT, INCLUDING GROUND FLOOR RETAIL AND OFFICE USES AND 106
RESIDENTIAL APARTMENTS, 16 OF WHICH WILL BE DESIGNATED AS
INCLUSIONARY HOUSING UNITS. THE SITE IS LOCATED AT 1044
CARLSBAD VILLAGE DRIVE IN LAND USE DISTRICT 3 OF THE VILLAGE
REVIEW ZONE AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: CARLSBAD VILLAGE LOFTS
CASE NO.: RP 16-05/MS 16-06
WHEREAS, AGC Development, LLC, “Applicant/Developer/Owner” and has filed a verified
application with the City of Carlsbad regarding properties described as:
VACANT LAND:
APN: 203-320-32-00 (PORTION OF THE LAND)
203-320-47-00 (PORTION OF THE LAND)
MOTEL 6:
APN: 203-320-03-00 (affects portion of Parcel 1)
203-320-04-00 (affects portion of Parcel 1)
203-320-43-00 (affects portion of Parcel 1)
203-320-44-00 (affects portion of Parcel 1)
203-320-45-00 (affects portion of Parcel 1)
203-320-46-00 (affects Parcel 2)
DENNY’S:
APN: 203-320-39-00
ALL THAT PORTION OF TRACT 117 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD, IN
THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF
NO. 1661,FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
MARCH 1, 1915, BOUNDED AND DESCRIBED IN THE TITLE REPORTS ATTACHED TO THE
SUBJECT APPLICATIONS ON FILE
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Major Review Permit and
Minor Subdivision as shown on Exhibits “A-AAA”, dated January 4, 2017, on file in the Planning Division,
CARLSBAD VILLAGE LOFTS – RP 16-05/MS 16-06, as provided by Chapter 21.35 and Title 20 of the
Carlsbad Municipal Code; and
PLANNING COMMISSION RESOLUTION NO. 7220
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WHEREAS, the Planning Commission did, on January 4, 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 Major Review Permit and Minor Subdivision.
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
RECOMMENDS APPROVAL of CARLSBAD VILLAGE LOFTS – RP 16-05/MS 16-06 based on
the following findings and subject to the following conditions:
Findings:
Major Review Permit, RP 16-05
1. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the City’s General Plan, Village Review Zone, and the Village Master Plan and
Design Manual, based on the facts set forth in the staff report dated January 4, 2017, including,
but not limited to the following:
a. Land Use: The proposed mixed-use project on Parcel A of the Tentative Parcel Map, which
includes the construction of 106 multi-family apartments and 10,758 of ground floor
commercial office and retail area is surrounded by a wide variety of commercial land uses,
including a three-story hotel to the north, a retail shopping center to the south and a fast-
food restaurant and two-story motel to the west. In addition, Interstate 5, which is
approximately 15 feet above the existing grade of the subject site, is adjacent to the east
property line. Given the surrounding context with respect to land uses, the proposal for a
four-story mixed-use building is appropriate. The mixed-use project will enhance the
vitality of the Village by providing new rental units in close proximity to the downtown core
area, as well as the train station. The project reinforces the pedestrian-orientation desired
for the downtown area by providing an opportunity for the residents to walk to shopping,
recreation, and mass transit functions. In addition, the project’s proximity to the freeway,
existing bus routes and the train station will help to further the goal of providing new
economic development near transportation corridors. Overall, the residential project will
contribute to the revitalization of the Village area. Parcel B of the Tentative Parcel Map will
remain as an existing Motel 6.
b. Mobility: Pursuant to the Traffic Study prepared for the proposed project (Urban Systems
Associates, November, 2016), the proposed project will have a net gain of 697 average daily
trips (ADTs). As discussed in the Traffic Study, the project is consistent with the city’s
Growth Management Plan as the Level of Service for street segments, intersections, and
ramps will operate at a Level of Service (LOS) “D” or better. To address requirements for
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Multimodal Level of Service (i.e., bike and pedestrian), the project is conditioned to
construct improvements, including a sidewalk, along the south side of Grand Avenue, in
between Hope Avenue to west and the project site. The proposed project is located
approximately ½ mile from the train/coaster station which provides service throughout the
day. The project’s close proximity to the transit stop will provide residents with the
opportunity to commute to major job centers, thereby reducing vehicle miles traveled
(VMTs) and the carbon footprint. Further, the mixed-use project supports walkability and
mobility by locating the project near existing goods and services, such as grocery store. The
project will include bike racks and storage, as well as transit screens to assist for intelligent
transportation management. The project also includes the addition of a sidewalk along the
project’s Grand Avenue frontage and street trees and landscape planters along the two
street frontages. In addition, the southwest corner of the building is setback 30 feet from
the drive aisle to allow for a plaza with enhanced paving, and seating areas for uses such as
a cafe or outdoor dining areas.
c. Housing: The proposed project is consistent with the Housing Element of the General Plan
and the City’s Inclusionary Housing Ordinance, in that the proposed project includes the
designation of 20% of the market rate rental units or 16 units, as inclusionary units, which
will be required to be rented at a low income level (80% of the San Diego County Area
Median Income). As ten or more units are required, at least 10 percent of the lower income
units shall have three (3) or more bedrooms. The project satisfies this requirement with
the inclusion of two, three-bedroom inclusionary units. On July 5, 2016, the City’s Housing
Policy Team recommended approval of the above-noted proposal. The provision for
inclusionary housing will contribute towards achieving the city’s Regional Housing Needs.
The project has been accordingly-conditioned to require the approval of an Affordable
Housing Agreement and Density Bonus Agreement prior to recordation of the parcel map.
d. Noise: Given the site’s proximity to the freeway and Carlsbad Village Drive, a noise study
was prepared for the proposed project (Ldn Consulting, August, 2016). The project has been
conditioned to comply with the recommendations of the noise report to ensure that the
proposed building design adequately attenuates the noise levels for the new
condominiums. The recommendations include the requirement for mechanical ventilation
(i.e., air conditioning units) and minimum STC ratings for the windows and glass doors. The
project plans incorporate these notes and are considered design features of the project. A
Notice will be required to be recorded on title to notify future owners that the property is
subject to noise from the freeway.
e. Sustainability: Pursuant to the Greenhouse Gas Analysis prepared for the project (Ldn
Consulting, June, 2016), the project is consistent with the Climate Action Plan in that with
the removal of the existing Denny’s restaurant, the net gain in metric tons of CO2e is 762.82,
which is below the threshold of 900 MT CO2e. The proposed mixed-use project will exceed
the energy reduction requirements of Title 24, incorporate drought tolerant landscaping,
use low water use plumbing fixtures, electric vehicle parking and charging stations, a
transportation management plan and solar thermal heating for domestic hot water. A
majority of the multi-family units are designed to include decks which face the landscaped
interior courtyards (7,488 SF). In addition, the 24-foot-wide emergency access lane adjacent
to the eastern elevation of the building will be landscaped and utilized as an amenity area
for the tenants. In total, 37,586 SF of open space is provided while 19,605 SF is required
pursuant to the Village Master Plan. Given the nature of the attached multi-family product
type, not all units have windows on all four elevations. However, the elevations which do
have sun exposure, include several windows which maximize the use of daylight. The
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project includes a landscape plan which has been determined to be consistent with the
city’s Landscape Manual. Perimeter landscaping, which includes trees, reduces the urban
heat island effect throughout the site. In addition, a roof top community garden is proposed
for use by the residents.
f. Land Use District 3 Standards: The proposed project has been designed to comply with the
requirements pursuant to Land Use District 3 of the Village Master Plan, including setbacks,
open space, building height, and building coverage.
2. The project’s density, 47.5 du/a, exceeds the maximum density as established pursuant to the
Village Master Plan (28-35 du/ac). To approve a density above the maximum as established in
the Village Master Plan, the following findings shall be made:
a. That the project will provide sufficient additional public facilities for the density in excess of
the maximum permitted to ensure that the adequacy of the City’s public facilities plans will
not be adversely impacted in that the project is designed with the infrastructure and
conditioned to require adequate public facilities to serve the proposed mixed-use project,
including water and sewer service, drainage, as well emergency access for the Fire
Department.
b. That there have been sufficient developments approved in the quadrant at the densities
below their Growth Management Control Points so the approval will not exceed the quadrant
limit in that 759 units remain for allocation within the boundaries of the Village Master Plan.
c. That all necessary public facilities will be constructed, or are guaranteed to be constructed,
concurrently with the need for them created by this development and in compliance with the
adopted city standards in that project is conditioned to construct the necessary public
facilities concurrent with the construction of the mixed-use project.
Minor Subdivision, MS 16-06
3. That the proposed Tentative Parcel Map and the proposed design and improvement of the minor
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 lot
consolidation from nine (9) lots to two (2) lots satisfies all minimum requirements of Titles 20
and 21 with respect to public facilities, access and parking. The parcel map facilitates
development of Parcel A, while Parcel B will remain as an existing Motel 6.
4. That the proposed project is compatible with the surrounding future land uses since the
surrounding properties are developed with commercial uses, are currently designated as Village
(V) in the General Plan and are located in Land Use District 3, Freeway Commercial Support
Area, of the Village Master Plan. Land Use District 3 currently allows buildings up to 45 feet in
height. The proposed four-story mixed-use project, which includes the construction of 106
multi-family apartments and 10,758 of ground floor commercial office and retail area, is
surrounded by a wide variety of commercial land uses, including a three-story hotel to the
north, a retail shopping center to the south and a fast-food restaurant and two-story motel to
the west. In addition, Interstate 5, which is approximately 6-14 feet above the existing grade
of the subject site, is adjacent to the east property line. Given the surrounding context with
respect to land uses, the proposal for a four-story mixed-use building is appropriate.
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5. 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 proposed project entails a request to construct a mixed-use building which includes
106 apartments. Pursuant to the Village Maser Plan, the maximum number of units for a 2.23-
acre parcel at 35 dwelling units per acre is 78. In order to construct 106 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 the goals, objectives and policies of the Housing Element of the General
Plan which includes the provision to provide housing affordable to lower to moderate income
households. Specifically, the applicant is requesting a 35% density bonus pursuant to Table A
of CMC Chapter 21.86.040. In exchange for the 35% density bonus, the applicant is required to
designate 20% of the base number of units, or 16 units, as inclusionary units. The inclusionary
apartments are required to be rent-restricted and affordable to lower income households. The
project is consistent with CMC Chapter 21.86 and, therefore, consistent with this finding.
6. 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 developer has
delineated and preserved on the parcel map, all existing easements of record.
7. That the property is not subject to a contract entered into pursuant to the Land Conservation Act
of 1965 (Williamson Act).
8. 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 the proposed residential units have
an east-west orientation thereby allowing for passive or natural solar heating and cooling
opportunities.
9. 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 designate 20% or 16 units as inclusionary units. Further, because ten or more units
are required, at least 10 percent of the lower income units shall have three (3) or more
bedrooms. The project satisfies this requirement with the inclusion of two, three-bedroom
inclusionary units. The city’s Housing Policy Team recommended approval of the request on
July 5, 2016. As required by CMC Chapters 21.85 and 21.86, the project has been accordingly-
conditioned to require the approval of an Affordable Housing Agreement and Density Bonus
Housing agreement, respectively, prior to recordation of the parcel map.
10. 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 a portion of the project site is developed with a restaurant and the remaining project area
was previously developed. Therefore, the project does not impact any fish, wildlife or habitat.
11. 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.
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12. That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that primary access to the site will be provided by private
driveways off Carlsbad Village Drive and Grand Avenue. Pursuant to the Traffic Study prepared
for the proposed project (Urban Systems Associates, November, 2016), the proposed project
will have a net gain of 697 average daily trips (ADTs). As discussed in the Traffic Study, the
project is consistent with the city’s Growth Management Plan as the Level of Service for street
segments, intersections, and ramps will continue to operate at a Level of Service (LOS) “D” or
better. To address requirements for Multimodal Level of Service (i.e., bike and pedestrian), the
project is conditioned to construct improvements along the south side of Grand Avenue, in
between Hope Avenue to west and the project site. The project is conditioned to comply with
the recommendations of the traffic study.
City Council Policy No. 43, Allocation for Excess Dwelling Units
13. That the City’s Housing Policy Team recommended approval of the request for an allocation of
106 units from the EDUB on July 5, 2016.
14. That pursuant to CMC Chapter 21.85, a minimum of 15% of all proposed ownership units in any
residential project are required to be restricted to lower income households. The proposal to
construct 106 market rate rental units includes the designation of 20% of the base number of
units (i.e., 78 units) as inclusionary units. A total of 16 units will be required to be rented at a
low income level (80% of the San Diego County Area Median Income). As ten or more units are
required, at least 10 percent of the lower income units shall have three (3) or more bedrooms.
The project satisfies this requirement with the inclusion of two, three-bedroom inclusionary
units. In addition, an Affordable Housing Agreement will be recorded prior to recordation of
the parcel map.
15. 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 a three-story hotel to the north, Interstate 5 to the
east, a retail shopping center to the south and a fast food restaurant and two-story motel to
the west. The proposed four-story mixed-use project is compatible with the surrounding land
uses.
16. 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 mixed-use is encouraged in
the urban core in the city’s Housing Element and the proposed 35% density bonus is consistent
with the provisions in CMC Chapter 21.86.
17. That there are an adequate number of units in the Excess Dwelling Unit Bank in the Village to
remove 106 units. Per the city’s Quadrant Dwelling Unit Report 759 units remain available for
allocation in the Village.
Residential Density Bonus, CMC Chapter 21.86
18. The project is consistent with the provisions of this chapter in that the proposed mixed-use
project meets all of the standards, including the requisite 20% of low income, deed-restricted
inclusionary housing. In addition, mixed-use is an allowable concession and the project is
located in close proximity to public transportation, employment, as well as various goods and
services.
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19. The requested incentive(s) or concession(s) will result in identifiable, financially sufficient, and
actual cost reductions in that the allowance for mixed-use allows for the costs to be shared
between the uses, including the land, permitting, construction, as well as the soft costs. The
allowance for mixed-use also supports the construction of a parking garage and allows for a
more sustainable, efficient (i.e., shared utilities and building circulation/systems), and
economically viable project by blending commercial and residential uses into a single
development where those functions are physically and functionally integrated.
20. The requested incentive(s) or concession(s), and/or waiver(s) or reduction(s) of development
standards, if any, will not result in an adverse impact, as defined in paragraph (2) of subdivision
(d) of Section 65589.5 of the California Government Code, to the public health and safety, the
environment, or on any real property that is listed in the California Register of Historical Resources
in that the allowance for mixed use will not adversely impact the public’s health or safety, the
environment or a historic resource.
21. The requested incentive(s) or concession(s), and/or waiver(s) or reduction(s) of development
standards is not contrary to state or federal law (Ord. CS-242 §§ 14, 15, 2014; Ord. NS-889, 2008;
Ord. NS-794 § 11, 2006) in that mixed-use is clearly laid out as an incentive for density bonus
projects in California and pursuant to CMC Chapter 21.86.
California Environmental Quality Act:
22. 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 preparation of environmental
documents pursuant to Section 15332 of the State CEQA Guidelines as an infill development
project. In making this determination, the City Planner has found that the exceptions listed in
Section 15300.2 of the State CEQA Guidelines do not apply to this project.
General
23. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 1 and all City public policies and ordinances. The project includes
elements or has been conditioned to construct or provide funding to ensure that all facilities and
improvements regarding: sewer collection and treatment; water; drainage; circulation; fire;
schools; parks and other recreational facilities; libraries; government administrative facilities; and
open space, related to the project will be installed to serve new development prior to or
concurrent with need. Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified School District
that the project has satisfied its obligation for school facilities.
b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior
to the issuance of building permit.
c. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
24. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
25. 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.
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Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a Grading
Permit or Building Permit (excluding any demolition permit for the existing Denny’s structure on
Parcel A), to the satisfaction of the City Planner and City Engineer.
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 Major Review Permit and
Minor Subdivision.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Major Review Permit and Minor Subdivision documents, as necessary to
make them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
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 Major Review Permit and Minor Subdivision (b) City’s
approval or issuance of any permit or action, whether discretionary or nondiscretionary, in
connection with the use contemplated herein, and (c) Developer/Operator’s installation and
operation of the facility permitted hereby, including without limitation, any and all liabilities
arising from the emission by the facility of electromagnetic fields or other energy waves or
emissions. This obligation survives until all legal proceedings have been concluded and continues
even if the City’s approval is not validated.
6. 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 Parcel
Map and 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.
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7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District (that this project has satisfied its obligation to
provide school facilities.
8. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
9. This approval shall become null and void if building permits are not issued for this project within
24 months from the date of project approval.
10. Building permits will not be issued for the development of Parcel A 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
Parcel Map.
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
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.
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 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 the
Community and Economic Department.
15. The project site is located in an area that may contain soil material that is suitable for beach sand
replenishment as defined in the Carlsbad Opportunistic Beach Fill program (COBFP) adopted by
the Planning Commission on May 17, 2006 (SUP 04-13). Prior to the issuance of a grading permit,
and as a part of the grading plan preparation, the developer shall test the soil material to be
exported from the project site to determine the materials suitability for sand replenishment
pursuant to the requirements of the COBFP. If the material is deemed suitable for beach
replenishment the developer is encouraged to comply with the process outlined in the COBFP to
transport and place the beach quality material on the beach site identified in the COBFP.
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16. Prior to the recordation of the parcel 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 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 Major Review
Permit and Minor Subdivision by Resolution No. 7220 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. Prior to recordation of the parcel map, the Developer shall prepare and record a Notice that this
property may be subject to noise impacts from the proposed or existing Transportation Corridor,
in a form meeting the approval of the City Planner and the City Attorney (see Noise Form #1 on
file in the Planning Division).
18. 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 an
Outdoor Storage Plan, and thereafter comply with the approved plan.
19. Compact parking spaces shall be located in large groups, and in locations clearly marked to the
satisfaction of the City Planner.
20. 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 16 inclusionary dwelling units. Specifically, 16 units shall be
rented at a price affordable to low income households at 80% of the San Diego County Area
Median Income for 55 years, in accordance with the requirements and process set forth in
Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement and
Density Bonus Housing Agreement shall be submitted to the City Planner no later than 60 days
prior to the request to final the parcel map. The recorded Agreements shall be binding on all
future owners and successors in interest.
21. Developer of Parcel A shall construct the 16 inclusionary units concurrent with the project’s
remaining 90 market-rate units, unless both the final decision-making authority of the City and
the Developer agree within an Affordable Housing and Density Bonus Housing Agreements to
an alternate schedule for development.
22. Prior to occupancy of the first dwelling unit on Parcel A and to the satisfaction of the City
Planner, the Developer shall provide all recreational areas per the approved plans, including
landscaping and recreational facilities identified on Exhibits “A – AAA”.
23. A total of 11 surface parking stalls shall be designated with signage for Motel 6 customer parking
only, to the satisfaction of the City Planner.
24. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code
Chapter 21.105. Location of said receptacles shall be approved by the City Planner. Enclosure
shall be of similar colors and/or materials to the project to the satisfaction of the City Planner.
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25. 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.
26. Applicant/Property Owner shall install solar thermal heating for domestic hot water, five (5)
vehicle charging stations (4 residential and 1 commercial), and photovoltaic cells on the roof to
generate electricity for the mixed use building. The greenhouse gas reduction measures, as
agreed to by the Applicant/Property Owner, shall be shown on the building plans and installed
to the satisfaction of the City Planner.
27. Property owner of Parcel A shall manage both the commercial and apartment
loading/unloading for the project. The property owner of Parcel A shall prohibit
loading/unloading or obstruction along the 24-foot wide common drive aisle serving Parcel A
and Parcel B, nor any emergency fire lanes. Onsite commercial deliveries to Parcel A shall be
made during off-peak hours using available parking spaces in the parking garage dedicated to
the commercial operation of Parcel A or available parking spaces along the 24-foot wide drive
aisle that are dedicated to the commercial operation on Parcel A. Property owner of Parcel A
shall ensure parking spaces dedicated to Parcel B are not impacted by either: 1) onsite deliveries
or 2) apartment loading/unloading. Property owner of Parcel A shall also coordinate delivery
times to limit impact to residents.
28. Prior to the issuance of building permits, the applicant shall study the feasibility of reducing the
height of the elevator shafts to the maximum extent feasible. Supporting documentation
justifying the final height shall be submitted to the satisfaction of the City Planner.
Engineering:
General
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.
30. This project (development of Parcel A) 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.
31. 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 utilities sidewalks,
landscaping, enhanced paving, water quality treatment features, low impact development
features and storm drain facilities located therein and to distribute the costs of such maintenance
in an equitable manner among the owners of the properties within this subdivision.
32. Developer shall prepare, submit and process for city engineer approval a parcel map including this
project to facilitate adjusting lot lines and to dedicate easements as shown on the tentative parcel
map, in advance of other development permits for the project all to the satisfaction of the city
engineer and city planner. There shall be one parcel map recorded for this project. Developer
shall pay the city standard parcel map review plan check fees.
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33. 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.
34. Developer shall submit to the city engineer written approval from North County Transit District
(NCTD) demonstrating mass-transit improvement requirements for this project have been
satisfied.
35. All reports and studies submitted are acceptable for discretionary review. Additional revisions or
updates may be required during review of the engineering construction documents.
Fees/Agreements
36. Developer shall cause property owner of Parcel A to execute and submit to the city engineer for
recordation, the city’s standard form Geologic Failure Hold Harmless Agreement.
37. Developer shall cause property owner of Parcel A to execute and submit to the city engineer for
recordation the city’s standard form Drainage Hold Harmless Agreement.
38. Prior to approval of the final map or at the discretion of the City Engineer, the 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.
39. Developer shall cause owner of Parcel A and Parcel B to execute, for recordation, a city standard
Local Improvement District Agreement to pay fair share contributions for undergrounding of all
existing overhead utilities and installation of street lights, as needed, along the subdivision
frontage, should a future district be formed.
Grading
40. Based upon a review of the proposed grading and the grading quantities shown on the tentative
parcel map, a grading permit is required for development of Parcel A. 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.
41. Prior to issuance of the grading permit on Parcel A, 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
42. 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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43. Developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3
SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established
by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The
TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff
during construction of the project to the maximum extent practicable. Developer shall pay all
applicable SWPPP plan review and inspection fees per the city’s latest fee schedule.
44. 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 SWQMP shall be
prepared and stormwater BMPs designed to treat runoff from the entire project site (includes
Parcel A and Parcel B of the tentative parcel map). 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.
45. 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 and pollutant
control BMP measures.
Dedications/Improvements
46. Developer shall cause owner to create a covenant of easement on the parcel map for private
sewer, potable water, drainage, parking, reciprocal access purposes as shown on the tentative
parcel map.
47. Developer shall cause owner of Parcel A to make an Irrevocable Offer of Dedication to the city
and/or other appropriate entities for the public street and public utility purposes for the thirty
foot (30’), half- street extension of Grand Avenue easterly to the Caltrans right of way to the
satisfaction of the city engineer. The offer shall be made by a certificate on the parcel map. All
land so offered shall be free and clear of all liens and encumbrances and without cost to the
city, to the satisfaction of the city engineer. To facilitate development of the project, additional
easements may be required at final design to the satisfaction of the city engineer.
48. Developer shall cause owner of Parcel A to make an Irrevocable Offer of Dedication to the city
and/or other appropriate entities for the public street and public utility purposes for a 10 foot,
half- widening of Carlsbad Village Drive across the project frontage easterly to the Caltrans right
of way to the satisfaction of the city engineer. The offer shall be made by a certificate on the
parcel map. All land so offered shall be free and clear of all liens and encumbrances and without
cost to the city. Additional easements may be required at final design to the satisfaction of the
city engineer.
49. Developer shall coordinate with Caltrans regarding Caltrans acquisition of easements along the
easterly project boundary adjacent to the Caltrans right-of-way.
50. Developer shall design the private drainage systems, as shown on the tentative parcel map to the
satisfaction of the city engineer. All private drainage systems (12” diameter storm drain and
larger) shall be inspected by the city. Developer shall pay the standard improvement plan check
and inspection fees for private drainage systems.
51. Developer shall prepare and process public improvement plans and, prior to city engineer
approval of said plans, shall execute a city standard Minor Subdivision Improvement Agreement
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to install and shall post security in accordance with C.M.C. Section 20.16.070 for public
improvements shown on the tentative parcel 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. Curb, gutter, sidewalk and driveway approaches along Carlsbad Village Drive and Grand
Avenue.
B. Potable water line and fire line extensions with backflow prevention valves to the project
boundary.
C. Sidewalk along the south curb of Grand Avenue west to Hope Avenue.
D. Striping of a pedestrian crossing at the intersection of Grand Avenue and Hope Avenue.
E. Pedestrian access ramps at the northeast and southeast corner of Grand Avenue and Hope
Avenue.
F. Painted sharrows on Grand Avenue between the project entry and Hope Avenue.
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.
52. Developer shall design, and obtain approval from the city engineer, the structural section for the
access aisles with a traffic index of 5.0 in accordance with city standards due to truck access
through the parking area and/or aisles with an ADT greater than 500. Prior to completion of
grading, the final structural pavement design of the aisle ways shall be submitted together with
required R-value soil test information subject to the review and approval of the city engineer.
Non-Mapping Notes
53. Add the following notes to the parcel map as non-mapping data:
A. Prior to development permits being issued for Parcel A, Developer shall execute a city
standard Subdivision Improvement Agreement and post security in accordance with C.M.C.
Section 20.16.070 to install public improvements shown on the tentative parcel map. These
improvements include, but are not limited to:
1. Curb, gutter, sidewalk and driveway approaches along Carlsbad Village Drive and
Grand Avenue.
2. Potable water line and fire line extensions with backflow prevention valves to the
project boundary.
3. Sidewalk along the south curb of Grand Avenue west to Hope Avenue.
4. Striping of a pedestrian crossing at the intersection of Grand Avenue and Hope
Avenue.
5. Pedestrian access ramps at the northeast and southeast corner of Grand Avenue
and Hope Avenue.
6. Painted sharrows on Grand Avenue between the project entry and Hope Avenue.
B. Building permits will not be issued for development of the Parcel A 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 of Carlsbad
Engineering Standards 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
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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.
Utilities
54. Developer shall meet with the fire marshal to determine fire protection measures (fire flows, fire
hydrant locations, building sprinklers) required to serve the project. Fire hydrants, if proposed,
shall be considered public improvements and shall be served by public water mains to the
satisfaction of the district engineer.
55. 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.
56. 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.
57. 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.
58. The developer shall design and agree to construct private on-site water, sewer, and recycled
water facilities to the satisfaction of the district engineer and city engineer.
59. Prior to using one potable water meter to serve a multi-ownership building, developer shall apply
for and receive approval from the utilities director. Upon application for and good cause shown,
the utilities director may allow a single potable water service connection and meter to a multi-
ownership building within this Subdivision provided:
A. Developer of Parcel A shall record a deed restriction or other such document as approved by
the public works director and general counsel placing future owners on notice that each and
every residential or commercial/office unit is served by a single service connection and meter,
and in the event that the water bill is not paid by the party or entity responsible for paying
the monthly water service charges to CMWD for the respective building occupied by the
multi-ownership, CMWD may at its direction shut off the water service to such multi-
ownership building in accordance with CMWD adopted rules and regulations.
B. Developer of Parcel A shall install a private sub-meter for each separately established
residence or business within a multi-ownership building having a single potable water service
connection and meter.
If denied, developer shall revise all design drawings to provide separate potable water.
60. The developer of Parcel A shall submit a detailed sewer study, prepared by a registered engineer,
that identifies the peak flows of the project, required pipe sizes, depth of flow in pipe, velocity in
the main lines, and the capacity of the existing infrastructure. 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.
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61. The developer of Parcel A 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:
62. Developer shall pay park-in-lieu fees to the City for the development of Parcel A, prior to the
approval of the parcel map as required by Chapter 20.44 of the Carlsbad Municipal Code.
63. Developer shall pay planned local area drainage fees City for the development of Parcel A in
accordance with Section 15.08.020 of the City of Carlsbad Municipal Code to the satisfaction of
the city engineer.
64. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee for the
development of Parcel A as required by Council Policy No. 17.
65. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 1 for the development of Parcel A as required by Carlsbad Municipal Code Section
21.90.050.
66. Developer shall pay a landscape plancheck and inspection fee for the development of Parcel A as
required by Section 20.08.050 of the Carlsbad Municipal Code.
67. This tentative parcel map shall expire two years from the date on which the City Council votes to
approve this application.
68. 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.
69. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
70. Any signs proposed for this development shall at a minimum be designed in conformance with
the Village Master Plan and Design Manual or subsequent plan, and shall require review and
approval of the City Planner prior to installation of such signs.
71. Developer shall pay traffic and sewer impact fees for the development of Parcel A 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.
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NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest
them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the
protest and any other required information with the City Manager for processing in accordance with
Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent
legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
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