HomeMy WebLinkAbout2021-03-09; City Council; Resolution 2021-052RESOLUTION NO. 2021-052
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A TENTATIVE TRACT MAP, PLANNED
DEVELOPMENT PERMIT AND SITE DEVELOPMENT PLAN TO SUBDIVIDE A 7.2
ACRE PARCEL INTO TWO LOTS, ONE WITH 76 TOWNHOMES AND ONE WITH
19 AFFORDABLE CONDOMINIUMS, INCLUDING DEVELOPMENT STANDARDS
MODIFICATIONS, ON PROPERTY GENERALLY LOCATED NORTH OF THE
INTERSECTION OF CALLE TIMITEO AND LA COSTA AVENUE, WITHIN THE LA
COSTA MASTER PLAN, NEIGHBORHOOD SE-13B, IN THE SOUTHEAST
QUADRANT OF THE CITY AND LOCAL FACILITIES MANAGEMENT ZONE 11
CASE NAME: LA COSTA TOWNSQUARE PARCEL 3 RESIDENTIAL
CASE NO.: CT 2017-0003/PUD 2017-0004/SDP 2018-0018
(DEV2017-0178)
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 Nov. 18, 2020, and Dec. 2,
2020, hold duly noticed public hearings as prescribed by law to consider Tentative Tract Map CT 2017-
0003, Planned Development Permit 2017-0004 and Site Development Plan SDP 2018-0018, as
referenced in Planning Commission Resolution No. 7391 recommending to the City Council that they
be approved; and
WHEREAS, the City Council of the City of Carlsbad held a duly noticed public hearing to
consider said Tentative Tract Map, Planned Development Permit and Site Development Plan; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to
the Tentative Tract Map, Planned Development Permit and Site Development Plan.
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 CT 2017-0003, Planned Development Permit 2017-0004 and Site
Development Plan SDP 2018-0018, is approved, and that the findings and conditions of
the Planning Commission contained in Planning Commission Resolution No. 7391 on file
with the City Clerk and incorporated herein by reference, are the findings and conditions
of the City Council.
Mar. 9, 2021 Item #3 Page 18 of 35
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:
"NOTICE"
The time within which judicial review of this decision must be sought is governed by Code of Civil
Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad
Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the
appropriate court not later than the ninetieth day following the date on which this decision becomes
final; however, if within ten days after the decision becomes final a request for the record is filed with
a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time
within which such petition may be filed in court is extended to not later than the thirtieth day following
the date on which the record is either personally delivered or mailed to the party, or his attorney of
record, if he has one. A written request for the preparation of the record of the proceedings shall be
filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA 92008.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 9th day of March, 2021, by the following vote, to wit:
AYES: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
MATT HALL, Mayor
4VVV5M,DeAUWW -41Pr
BARBARA ENGLESON, City Clerk
(SEAL)
Mar. 9, 2021 Item #3 Page 19 of 35
PLANNING COMMISSION RESOLUTION NO. 7391
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE
TRACT MAP, PLANNED DEVELOPMENT PERMIT AND SITE DEVELOPMENT
PLAN TO ALLOW F.OR THE SUBDIVISION OFA 7.2 ACRE PARCEL INTO TWO
LOTS, ONE WITH 76 TOWNHOME CONDOMINIUMS AND ONE WITH 19
AFFORDABLE CONDOMINIUMS, INCLUDING DEVELOPMENT STANDARDS
MODIFICATIONS, ON PROPERTY GENERALLY LOCATED NORTH OF THE
INTERSECTION OF CALLE TIMITEO AND LA COSTA AVENUE WITHIN THE
LA COSTA MASTER PLAN, NEIGHBORHOOD SE-13B, IN THE SOUTHEAST
QUADRANT OF THE CITY AND LOCAL FACILITIES MANAGEMENT ZONE 11.
CASE NAME: LA COSTA TOWN SQUARE PARCEL 3 RESIDENTIAL
CASE NO.: CT 2017-0003/PUD 2017-0004/SDP 2018-0018
(DEV2017-0178)
WHEREAS, TRC Retail, "Developer," has filed a verified application with the City of Carlsbad
regarding property owned by La Costa Parcels, LLC, "Owner," described as
Parcel 3 of City of Carlsbad Minor Subdivision No. 04-08 recorded by the
County Recorder of the County of San Diego on July 11, 2012 as Parcel
Map No. 20982
("the Property"); and
WHEREAS, said verified application constitutes a request for a Tentative Tract Map, Planned
Development Permit, and Site Development Plan as shown on Exhibit(s) "A" -"KK" dated November 18,
2020, on file in the Planning Division CT 2017-0003/PUD 2017-0004/SDP 2018-0018 -LA COSTA TOWN
SQUARE PARCEL 3 RESIDENTIAL, as provided by Chapters 20.12, 21.06, 21.45, 21.53 and 21.85 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on November 18, 2020 and December 2, 2020, hold a
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract
Map, Planned Development Permit, and Site Development Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad
as follows:
A) That the foregoing recitations are true and correct.
B)
Findings:
That based on the evidence presented at the public hearing, the Planning Commission
RECOMMENDS APPROVAL of CT 2017-0003/PUD 2017-0004/SDP 2018-0018-LA COSTA
TOWN SQUARE PARCEL 3 RESIDENTIAL, based on the following findings and subject to
the following conditions:
Tentative Tract Map, CT 2017-0003
1. 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 as discussed below the project
implements the goals and policies of the General Plan and is consistent with all minimum
requirements of the La Costa Master Plan, Title 20, and Title 21, except for requested
development standard modifications to allow a reduction in the required amount of active
recreation area and elimination of covered parking on the affordable housing Parcel 2.
Justification for allowing the development standard modifications is discussed in the project
staff report dated November 18, 2020 and contained below in finding number 19.
2. That the proposed project is compatible with the surrounding future land uses since surrounding
properties are designated for R-15 Residential and Local Shopping Center (L) development on
the General Plan, in that the proposed project includes permitted uses and development
allowed within the Residential (R-23) land use designations. In addition, the project is ideally
situated to support the proposed commercial shopping center directly adjacent.
3. 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 all required minimum development standards and design criteria required by the
applicable zoning ordinances and the La Costa Master Plan (MP-149R) are incorporated into the
project except for requested development standard modifications to allow a reduction in the
required amount of active recreation and elimination of covered parking on the affordable
housing Parcel 2. Justification for allowing the development standard modifications is discussed
in the project staff report dated November 18, 2020 and contained below in finding number 19.
4. 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.
5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act
of 1965 (Williamson Act).
6. 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 where practicable and balconies to maximize exposure of each unit
to natural light and ventilation from prevailing breezes.
PC RESO NO. 7391 -2-
7. 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.
8. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in
that the previously graded project site is devoid of sensitive vegetation and wildlife.
9. 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.
Planned Development Permit, PUD 2017-0004
10. The proposed project is consistent with the general plan, and complies with all applicable
provisions of this chapter, and all other applicable provisions of the Carlsbad Municipal Code, in
that the project's overall density of 15.1 dwelling units per net acre is consistent with the R-23
Residential General Plan Land Use designations as discussed below. Additionally, the project
complies with the development standards for planned residential development contained in
CMC Chapter 21.45 Table C, the development standards in CMC Chapter 21.45 Table E for
condominiums, and the provisions of City Council Policy 66, Livable Neighborhoods as described
in the project staff report dated November 18, 2020, except for requested development
standard modifications to allow a reduction in the required amount of active recreation and
elimination of covered parking on the affordable housing Parcel 2. Justification for allowing the
development standard modifications is discussed in the project staff report dated November
18, 2020 and contained below in finding number 19.
11. The proposed project will not be detrimental to existing uses, or to uses specifi~ally permitted in
the area in which the proposed use is to be located, and will not adversely impact the site,
surroundings, or traffic, in that the condominium project with 95 dwelling units will not be
detrimental to, and is compatible with, existing surrounding development. Existing two-story
single-family residential lots to the east are buffered by a 170-foot-wide area of open space
separating the two projects. The project is self-contained with one vehicular ingress/egress
points from La Costa Avenue in line with the existing intersection at Calle Timiteo. The
condominiums will not adversely impact the site, surroundings, or traffic circulation. La Costa
Avenue, a neighborhood connector street, has adequate capacity to accommodate the 760
Average Daily Trips (ADTs) generated by the overall project, which is a net decrease of 340 ADTs
associated with the previously approved 55,000 square foot office project (1100 ADT). The
project is adequately parked on-site and does not result in any significant environmental
impacts.
12. The project will not adversely affect the pubUc health, safety, or general welfare, in that the 95
residential dwelling units has been designed to comply with all applicable development
standards and provisions to ensure compatibility with surrounding residential and commercial
use, except for requested development standard modifications to allow a reduction in the
required amount of active recreation and elimination of covered parking on the affordable
housing Parcel 2. Justification for allowing the development standard modifications is discussed
in the project staff report dated November 18, 2020 and contained below in finding number 19.
PC RESO NO. 7391 -3-
13. The project's design, including architecture, streets, and site layout a) contributes to the
community's overall aesthetic quality, b) includes the use of harmonious materials and colors,
and the appropriate use of landscaping, and c) achieves continuity among all elements of the
project, in that the project's proposed architecture consists of contemporary rustic style with
architectural design elements that include a variety of roof planes and off-set building
projections. Primary building materials include earth tone colored plaster (sand finish);
horizontal tongue and grove siding, asphalt roof shingles, exposed wood elements, varied
windows and stone veneer accents. The driveway leading up to the residential units from La
Costa Avenue is tree lined and includes enhanced decorative paving. The center median trees
include up-lighting for nighttime effect. All the existing slope landscaping has been increased
for screening effect and additional accent. All elements (i.e. site layout, architecture,
landscaping) create continuity in the overall project design.
Site Development Plan, SDP 2018-0018
14. That the proposed development or use is consistent with the General Plan and any applicable
master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the
Carlsbad Municipal Code, and all other applicable provisions of this code, in that the project is
consistent with the various elements and objectives of the General Plan as discussed below and
in the project staff report dated November 18, 2020. The affordable condominiums are
consistent with the underlying Residential-Density Multiple (RD-M) Zone as outlined in the La
Costa Master Plan, Neighborhood SE-13B. The project site is served by existing transit and is
directly adjacent to existing community commercial shopping with direct pedestrian
connections from the site. The project provides at least 20% of the total housing units onsite as
affordable to low income households at 80% or below the San Diego County Area Median
Income. The project complies with all applicable standards of the Carlsbad Municipal Code,
except for requested development standard modifications to allow a reduction in the required
amount of active recreation and elimination of covered parking on the affordable housing
Parcel 2. Justification for allowing the development standard modifications is discussed in the
project staff report dated November 18, 2020 and contained below in finding number 19.
15. That the requested development or use is properly related to the -site, surroundings and
environmental settings, will not be detrimental to existing development or uses or to
development or uses specifically permitted in the area in which the proposed development or use
is_ to be located, and will not adversely impact the site, surroundings or traffic circulation, in that
the proposed condominiums within the Residential-Density Multiple (RD-M) Zone will not be
detrimental to existing uses or to uses specifically permitted in the area in which the use is
located in that multiple-family residential dwellings are a permitted use within the zone. The
proposed affordable condominium units are compatible with the proposed multiple-family
townhomes onsite in scale, massing and design, the existing multiple-family residential projects
located across La Costa Avenue to the south, as well as the existing commercial uses on the
adjacent La Costa Town Square shopping center to the north. Existing two-story single-family
residential lots to the east are buffered by a 170-foot-wide area of open space separating the
two projects. The condominiums will not adversely impact the site, surroundings, or traffic
circulation. La Costa Avenue, a neighborhood connector street, has adequate capacity to
accommodate the 760 Average Daily Trips (ADTs) generated by the overall project, which is a
net decrease of 340 ADTs associated with the previously approved office project (1100 ADT).
The project is adequately parked on-site and does not result in any significant environmental
impacts.
PC RESO NO. 7391 -4-
16. That the site for the intended development or use is adequate in size and shape to accommodate
the use, in that the condominium project complies with the development standards of the
Residential-Density Multiple (RD-M) Zone and Carlsbad Municipal Code, except for requested
development standard modifications to allow a reduction in the required amount of active
recreation and elimination of covered parking on the affordable housing Parcel 2. Justification
for allowing the development standard modifications is discussed in the project staff report
dated November 18, 2020 and contained below in finding number 19.
17. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested development or use to existing or permitted future development or use in the
neighborhood will be provided and maintained, in that the condominium project complies with
all of the minimum development standards of the Residential-Density-Multiple (RD-M) Zone
and the Carlsbad Municipal Code, except for requested development standard modifications to
allow a reduction in the required amount of active recreation and elimination of covered
parking on the affordable housing Parcel 2. Justification for allowing the development standard
modifications is discussed in the project staff report dated November 18, 2020 and contained
below in finding number 19. Landscaping throughout the project site will be provided consistent
with the requirements of the city's Landscape Manual.
18. That the street systems serving the proposed development or use is adequate to properly handle
all traffic generated by the proposed use, in that the proposed project has been designed with
one street entry from La Costa Avenue in line with the existing intersection at Calle Timiteo. La
Costa Avenue is identified as a neighborhood connector street and is designed to adequately
handle the 760 Average Daily Trips (ADTs) generated by the overall project, which is a net
decrease of 340 ADTs associated with the previously approved office project (1100 ADT). The
project site is served by one NCTD bus route with stops adjacent to the site, and bike lanes are
provided on La Costa Avenue. In addition, the applicant will be required to pay traffic impact
fees prior to issuance of building permits that will go towards future road improvements.
19. That with the application of the development standard modifications, 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. A development standard
modification to the recreation area standards is appropriate for the site, in that site topography,
limited development pad area and minimum dwelling unit yield have all worked to limit the
project's ability to provide for more in the way of active recreational faciiities (i.e., large grassy
play areas (min. 5,000 sq. ft.), pool/spa areas, basketball and tennis courts, etc.). An offset
(standard modification) to the cost of the affordable housing development by not providing
covered parking is permitted pursuant to CMC Section 21.85.100. In exchange for providing all
of the inclusionary housing onsite, along with providing four (4) additional 3-bedroom
affordable units than is required by code, the Housing Policy Team agreed to both a 3,950 sq.
ft. reduction in the amount of active recreation amenities being provided as well the elimination
of the requirement to provide five covered parking spaces for the affordable housing site. As it
relates to the active recreation, the project is still providing 6,738 sq. ft. of common active
recreation amenities and will benefit from the project site's close proximity to Stagecoach Park,
and possibly the adjacent 24-hour Fitness located in the La Costa Town Square commercial
center.
PC RESO NO. 7391 -5-
General
20. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the city's General Plan based on the facts set forth in the staff report dated
November 18, 2020 including, but not limited to the following:
a. The General Plan Land Use designation for the property is R-23 Residential (R-23). The R-23
land use designation allows for development of multiple-family residential within a density
range of 15-23 du/ac with a Growth Management Control Point (GMCP) of 19 du/ac. The
project site has a net developable acreage of 6.3 acres. At the GMCP, the site would yield
119 dwelling units. Although the project is below the GMCP for the R-23 General Plan Land
Use designation by 24 dwelling units, the General Plan Land Use Element allows the City to
approve residential development at a density that is below the GMCP for the applicable
density range provided that the proposed residential density (15.1 du/ac, 95 dwelling units)
is within the R-23 density range of 15-23 du/ac.
Consistent with Program 3.2 of the City's certified General Plan Housing Element, all of the
dwelling units which were anticipated toward achieving the City's share of the regional
housing needs that are not used by developers in approved projects will be deposited into
the City's Excess Dwelling Unit Bank (EDUB). The project will therefore deposit 25 dwelling
units into the EDUB (based on the City Council's initial allocation of 120 dwelling units),
which will then be made available for allocation to other projects in the future. Accordingly,
there is no net loss of residential unit capacity and there are adequate properties identified
in the Housing Element allowing residential development with a unit capacity, including
second dwelling units, adequate to satisfy the City's share of the regional housing need.
b. Land Use & Community Design Goal 2-G.2 -Promote a diversity of compatible land uses
throughout the city, to enable people to live close to job locations, adequate and convenient
commercial services, and public support systems such as transit, parks, schools, and utilities
-The project will provide new multi-family residential condominiums in the form of 75
market rate units and 19 affordable units located near jobs, schools, parks and convenient
neighborhood-serving commercial services. The project design is limited to an existing
graded pad with a large retaining wall (14 to 22 feet in height) downslope from the La Costa
Town Square shopping center. The project provides all required parking onsite and has
convenient access to public transit via NCTD local bus Route 304, serving Encinitas, Carlsbad,
and San Marcos with service along the Rancho Santa Fe Road corridor. Route 304 also
connects to the Coaster in Encinitas and the Sprinter in San Marcos providing further
regional connectivity.
c. Land Use & Community Design Goal 2-G.3 -Promote infill development that makes efficient
use of limited land supply, while ensuring compatibility and integration with existing uses.
Ensure that infill properties develop with uses and development intensities supporting a
cohesive development pattern -The project is proposed on an existing graded pad
surrounded by existing developments on all sides and is not located within or adjacent to
any preserve areas as identified in the City's HMP. The project would provide future
residents with access to convenient neighborhood-serving commercial uses and will also
provide housing to support nearby employment centers.
d. Land Use & Community Design Goal 2-G.4 -Provide balanced neighborhoods with a variety of
housing types and density ranges to meet the diverse demographic, economic and social
PC RESO NO. 7391 -6-
needs of residents, while ensuring a cohesive urban form with careful regard for compatibility
-The multi-family residential project with 95 condominium units (76 market rate and 19
affordable), provides for much needed higher density housing located adjacent to
convenient neighborhood-serving commercial uses and nearby employment centers.
e. Mobility Goal 3-G.3 -Provide inviting streetscapes that encourage walking and promote
livable streets-The proposed project maintains an existing sidewalk along La Costa Avenue
and will provide continuous connected sidewalks and pathways throughout the interior of
the project site, which will provide pedestrian access to and from the project. Additionally,
the project will provide a new sidewalk connection to an existing pedestrian pathway
located east of the site and connecting the adjacent shopping center with the adjacent
neighborhoods. Bike lanes already exist on La Costa Avenue in front of the project site.
f. Mobility Policy 3-P.5 -Require developers to construct or pay their fair share toward
improvements for all travel modes consistent with the Mobility Element, the Growth
Management Plan, and specific impacts associated with their development-The project does
not require additional improvements to the existing street system in that the project's
frontage along La Costa Avenue is fully improved as part the La Costa Town Square
development project. Existing La Costa Avenue frontage improvements include full width
right-of-way, curb, gutter, sidewalk, bus stop, and landscaped slopes.
g. Open Space, Conservation & Recreation Goal 4-G.3 -Protect environmentally sensitive lands,
wildlife habitats, and rare, threatened or endangered plant and animal communities -There
is no wildlife habitat, or rare, threatened or endangered plant or animal communities
present on the project site, nor adjacent to it.
h. Noise Goal 5-G .1 -Protect public health and welfare by eliminating existing noise problems
where feasible, maintaining an acceptable indoor and outdoor acoustic environment, and
preventing significant degradation of the acoustic environment -According to the project
noise study (Ldn Consulting, June 29, 2017), the principal noise source associated with the
proposed project will be from future vehicle traffic along La Costa Avenue. An existing 6-
foot tall masonry sound wall is presently constructed at the top of slope between the
project site and the La Costa Town Square shopping center. All building facades were found
to be below the 60 dBA CNEL exterior noise standard, and thus there is no requirement to
mitigate exterior noise levels to an interior level of 45 dBA CNEL.
i. Noise Goal 5-G.2 -Ensure that new development is compatible with the noise environment,
by continuing to use potential noise exposure as a criterion in land use planning -According
to the project noise study (Ldn Consulting, June 29, 2017), the principal noise source
associated with the proposed project will be from future vehicle traffic along La Costa
Avenue. An existing 6-foot tall masonry sound wall is presently constructed at the top of
slope between the project site and the La Costa Town Square shopping center. All building
facades were found to be below the 60 dBA CNEL exterior noise standard, and thus the.re is
no requirement to mitigate exterior noise levels to an interior level of 45 dBA CNEL.
j. Public Safety Goal 6-G.l -Minimize injury, loss of life, and damage to property resulting from
fire, flood, hazardous material release, or seismic disasters -According to the La Costa Town
Square Project EIR 01-02, the project site is not located within a flood zone, no hazardous
materials were found to exist within the project site or within the vicinity of the project site;
and any seismic related geotechnical issues were addressed in the grading of the existing
PC RESO NO. 7391 -7-
site. Additionally, while the project site does not interface directly with native habitat, and
surrounding land uses consist primarily of residential and commercial development, maps
produced by the State however do show the site located within an area containing a very
high threat from wildfires. However, the city has adopted the City of Carlsbad Emergency
Plan, which addresses the city's planned response to extraordinary emergency situations,
including wildfires. The Plan identifies certain open space areas and public buildings to serve
as emergency shelters when residents must be relocated. The Emergency Plan also
identifies primary road arterials to move people in the event of an emergency. These
arterials are El Camino Real, Carlsbad Boulevard, La Costa Avenue, Rancho Santa Fe Road,
and Carlsbad Village Drive. Carlsbad Police, Fire, and other personnel would assist in the
execution of an Emergency Plan.
k. Public Safety Goal 6-G.2 -Minimize safety hazards related to aircraft operations in areas
around the McClellan-Palomar Airport -The proposed project is not located within a safety
zone, airspace protection area or noise contour of the ALUCP.
I. Public Safety Goal 6-G.4 -Maintain safety services that are responsive to citizens' needs to
ensure a safe and secure environment for people and property in the community -The
proposed project would provide fire hydrants and supporting water infrastructure in
accordance with fire marshal requirements; secondary emergency access is provided on
site; fire sprinklers are required and provided for on all residential structures built on or
after January 2011; and the dwelling units proposed by this project are all within a 5-minute
emergency response time as required by the Growth Management Plan.
m. Public Safety Policy 6-P.6 -Enforce the requirements of Titles 18, 20, and 21 pertaining to
drainage and flood control when reviewing applications for building permits and subdivisions
-The project has been conditioned to develop and implement a program of "best
management practices" for the elimination and reduction of pollutants which enter and/or
are transported within storm drainage facilities.
n. Public Safety Policy 6-P .34-Enforce the Uniform Building and Fire codes, adopted by the city,
to provide fire protection standards for all existing and proposed structures -The project is
required to comply with all Building and Fire codes to ensure that fire protection standards
are met by the proposed structures.
o. Public Safety Policy 6-P.39 -Ensure all new development complies with all applicable
regulations regarding the provision of public utilities and facilities-The project is required to
construct or pay applicable fees for necessary improvements, public utilities and facilities
in accordance with Growth Management requirements; Fire Station No. 6 is located 1.6
miles away from the project site and is well within emergency response timeframes; and
the project will not impact the city's ability to implement its Emergency Operations Plan.
p. Sustainability Policy 9-P.1 -Enforce the Climate Action Plan (CAP) as the city's strategy to
reduce greenhouse gas emissions -The project implements and is consistent with measures
identified in the Climate Action Plan (CAP) through the provision of renewable energy
generation (photovoltaic systems), energy conservation (Green Building Code), and by
accommodating Zero-Emission vehicles and other greenhouse gas reduction measures and
features. The project will also be subject to CAP ordinances that are in effect at the time
building permits are issued.
PC RESO NO. 7391 -8-
q. Housing Goal 10-G.3 -Sufficient new, affordable housing opportunities in all quadrants of the
city t6 meet the needs of current lower and moderate-income households and those with
special needs, and a fair share proportion of future lower and moderate-income households
-Per CMC Section 21.85.030, a project is required to provide 15% of the total units as
affordable units. Through the 2015 General Plan Update {Planning Commission Resolution
No. 7114) the city required this site to provide additional affordable housing (minimum of
20% of the total housing units on the site affordable to low income households at 80% or
below the San Diego County Area Median income, or one of two other options that provides
a deeper level of affordability (see Attachment 6 of Staff Report dated November 18, 2020)).
The project is providing an affordable housing project onsite in the form of 19 affordable
units {20%) to low income households at 80% or below the San Diego County Area Median
income.
r. Housing Policy 10-G.2 -New housing developed with diversity of types, prices, tenures,
densities, and locations, and in sufficient quantity to meet the demand of anticipated city and
regional growth -The majority of housing in Carlsbad is detached single-family dwellings,
occupied by above-moderate income households. The proposed project will increase the
diversity of housing in Carlsbad by adding 95 multi-family condominium units to the city's
housing inventory. In addition, the project will increase housing diversity by providing
housing offered at a price affordable to low income households {19 units will be provided
onsite for low-income households at 80% or below the San Diego County Area Median
income).
s. Housing Policy 10-P.15-Pursuant to the lnclusionary Housing Ordinance, require affordability
for lower income households of a minimum 15 percent of all residential ownership and
qualifying rental projects. For projects that are required to include 10 or more units
affordable to lower income households, at least 10 percent of the lower income units should
have three or more bedrooms (lower income senior housing projects are exempt) -Through
the 2015 General Plan Update {Planning Commission Resolution No. 7114), the project is
meeting a 20% requirement and is providing 19 affordable units to low income households
at 80% or below the San Diego County Area Median income. Additionally, of those 19
affordable units, six (6) units consist of 3-bedrooms {32%) whereas only 10% are required
to be 3-bedroom units.
t. Housing Policy 10-P.19 -Address the unmet housing needs of the community through new
development and housing that is set aside for lower and moderate-income households
consistent with priorities set by the Housing and Neighborhood Services Division, in
collaboration with the Planning Division, as set forth in the city's Consolidated Plan -The city
currently has a jobs/housing ratio where there are more jobs than housing. The project
replaces a previously approved 55,000 square-foot office project with 95 residential
condominium units {76 market rate and 19 affordable) in accordance with the General Plan
Update {Planning Commission Resolution No. 7114). The project expands the city's
affordable housing stock to assist in meeting its Regional Housing Needs Assessment and
provides an adequate number of housing units to meet the needs of low income
households.
21. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 11 and all city public facility policies and ordinances. The project
includes elements or has been conditioned to construct or provide funding to ensure that all
facilities and improvements regarding sewer collection and treatment; water; drainage;
PC RESO NO. 7391 -9-
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 San Dieguito Unified School
District that the project has satisfied its obligation for school facilities.
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44 and will be collected
prior to issuance of building permits, or prior to the sale of the subdivided property, whichever
occurs first.
c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior
to the issuance of building permits.
d. The Local Facilities Management fee for Zone 11 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permits.
22. The project has been conditioned to pay any increase in public facility fee, or new construction
tax, or development fees, and has agreed to abide by any additional requirements established by
a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal
Code. This will ensure -continued availability of public facilities and will mitigate any cumulative
impacts created by the project.
23. This project has been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 11.
24. That all necessary public facilities required by the Growth Management Ordinance will be
constructed or are guaranteed to be constructed concurrently with the need for them created by
. this project and in compliance with adopted city standards.
25. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-
Palomar Airport (ALUCP), dated December 1, 2011, in that, as conditioned, the applicant shall
record a notice concerning aircraft noise. The project is compatible with the projected noise levels
of the ALUCP and the land use is compatible with the airport, in that the project site is not located
within any identified noise contour of the ALUCP and is located outside all safety zones
identified in the ALUCP.
26. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
27. The City Planner has determined that the potential environmental effects of the project were
adequately analyzed by the previously certified Environmental Impact Report (EIR) and
Mitigation Monitoring and Reporting Program (MMRP) for the construction of La Costa Town
Square (EIR 01-02) -LA COSTA TOWN SQUARE, City Council Resolution No. 2009-213, dated
August 18, 2009. The project has no new significant environmental effect not analyzed as
significant in the certified Environmental Impact Report and Mitigation Monitoring and
Reporting Program; none of the circumstances requiring further environmental compliance
under CEQA Guidelines Sections 15162 or 15163 exist; and all feasible mitigation measures
identified in the certified Environmental Impact Report and Mitigation Monitoring and
PC RESO NO. 7391 -10-
Reporting Program, which are appropriate to this subsequent project, will be incorporated. The
approved EIR and MMRP are on file for review at the Planning Division.
28. 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 approval of the Final Map, whichever occurs first; or pursuant to
an approved construction schedule at the discretion of the appropriate division manager or
official.
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 Tentative Tract Map, Planned
Development Permit and Site Development Plan.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Tentative Tract Map, Planned Development Permit and Site Development
Plan 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 prov1s1ons 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 shall implement, or cause the implementation of, the LA COSTA TOWN SQUARE (EIR
01-02) Project Mitigation Monitoring and Reporting Program (Planning Commission Resolution
No. 6577).
6. 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, Planned Development Permit
PC RESO NO. 7391 -11-
and Site Development Plan, (b) City's approval or issuance of any permit or action, whether
discretionary or nondiscretionary, in connection with the use contemplated herein, and (c)
Developer/Operator's installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until all legal
proceedings have been concluded and continues even if the city's approval is not validated.
7. Priorto 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/Site Plan or other), 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.
8. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the San Dieguito Unified School District that this project has satisfied its obligation
to provide school facilities.
9. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 11 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
10. This approval shall become null and void if building permits are not issued for this project within
24 months from the date of final project approval.
11. 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.
12. 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 provide and deed restrict 19 dwelling units
on Parcel 2 as affordable to lower-income households for 55 years, in accordance with the
requirements and process set forth in Chapters 21.85 of the Carlsbad Municipal Code and as set
forth in Planning Commission Resolution No. 7114 which requires at a minimum 20% of the
total number of homes on the subject property to be affordable to lower income households at
80% or below the San Diego County Area Median income. 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 and shall be executed by the Developer and Community Development Director
and recorded prior to issuance of the first building permit. The recorded Affordable Housing
Agreement shall be binding on all future owners and successors in interest.
13. Developer shall construct the required 19 inclusionary units concurrent with the project's 76
market rate units, unless both the final decision-making authority of the city and the Developer
agree within an Affordable Housing to an alternate schedule for development.
14. Prior to issuance of grading permits, developer shall make a separate formal landscape
construction drawing plan check submittal to the Planning Division and obtain City Planner
PC RESO NO. 7391 -12-
approval of a Final Landscape and Irrigation Plan showing conformance with the approved
Preliminary Landscape Plan and the city's Landscape Manual. Developer shall construct and
install all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall
be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All
irrigation systems shall be maintained to provide the optimum amount of water to the landscape
for plant growth without causing soil erosion and runoff.
15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan
check process on file in the Planning Division and accompanied by the project's building,
improvement, and grading plans.
16. Developer shall establish a homeowner's association and corresponding covenants, conditions
and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner prior
to final 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, the city shall have the right to
disapprove. A copy of the final approved amendment shall be transmitted to the city within
30 days for the official record.
c. Failure of Association to Maintain Common Area Lots and Easements: In the event that the
Association fails to maintain the "Common Area Lots and/or the Association's Easements" as
provided in Article--~ Section _____ the city shall have the right, but not the
duty, to perform the necessary maintenance. If the city elects to perform such maintenance,
the city shall give written notice to the Association, with a copy thereof to the Owners in the
Project, setting forth with particularity the maintenance which the city finds to be required
and requesting the same be carried out by the Association within a period of thirty (30) days
from the giving of such notice. In the event that the Association fails to carry out such
maintenance of the Common Area Lots and/or Association's Easements within the period
specified by the city's notice, the city shall be entitled to cause such work to be completed
and shall be entitled to reimbursement with respect thereto from the Owners as provided
herein.
d. Special Assessments Levied by the city: In the event the city has performed the necessary
maintenance to either Common Area Lots and/or Association's Easements, the city shall
· submit a written invoice to the Association for all costs incurred by the city to perform such
maintenance of the Common Area Lots and or Association's Easements. The city shall provide
a copy of such invoice to each Owner in the Project, together with a statement that if the
Association fails to pay such invoice in full within the time specified, the city will pursue
collection against the Owners in the Project pursuant to the provisions of this Section. Said
invoice shall be due and payable by the Association within twenty (20) days of receipt by the
Association. If the Association shall fail to pay such invoice in full within the period specified,
payment shall be deemed delinquent and shall be subject to a late charge in an amount equal
PC RESO NO. 7391 -13-
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 -HOA's and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit ___ _
f. Balconies: The individual unit owner allowances and prohibitions regarding balconies and
decks shall be as set forth in Exhibit __ _
g. Parking: All required parking, including townhome two-car garages, parking spaces in the
affordable condominium parking lot, and on-street visitor parking spaces throughout, shall
be made permanently available and be permanently maintained for parking purposes.
17. Prior to issuance of building permits, the Developer shall submit to the City Planner a recorded
copy of the Condominium Plan filed with the Department of Real Estate which is in conformance
with the city-approved documents and exhibits.
18. Prior to issuance of grading and building permits, developer shall list the following condition on
all grading and building permit plans. Construction activities shall take place during the permitted
time and day per Carlsbad Municipal Code Chapter 8.48. Developer shall ensure that construction
activities for the proposed project are limited to the hours from 7:00 a.m . to 6:00 p.m. Monday
through Friday, and 8:00 a.m. to 6:00 p.m. on Saturdays; no work shall be conducted on Sundays
or on federal holidays.
19. 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
11, 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.
20. 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 City Planner and
Building Official.
21. Prior to occupancy of the first dwelling unit, the Developer shall provide all required passive and
active recreational areas per the approved plans, including landscaping and recreational facilities.
PC RESO NO. 7391 -14-
22. Prior to the approval of the final map or issuance of the grading permit, whichever occurs first,
Developer shall submit to the city a Notice of Restriction executed by the owner of the real
property to be developed. Said notice is to be filed in the office of the County Recorder, subject
to the satisfaction of the City Planner, notifying all interested parties and successors in interest
that the City of Carlsbad has issued a(n) Tentative Tract Map, Planned Development Permit, Site
De.velopment Plan by Resolution(s) No. 7391 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.
23. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities
District or other financing mechanism which is inconsistent with City Council Policy No. 38, by
allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any
other disclosure required by law or Council policy, the Developer shall disclose to future owners
in the project, to the maximum extent possible, the existence of the tax or fee, and that the school
district is the taxing agency responsible for the financing mechanism. The form of notice is subject
to the approval of the City Planner and shall at least include a handout and a sign inside the sales
facility 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.
24. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the City
Planner, in the sales office 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.
25. Developer shall post a sign in the sales office 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.
26. Prior to the recordation of the first final tract map or the issuance of building permits, whichever
occurs first, 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).
27. Developer shall construct on Parcel 2 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.
28. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so
required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of
an Outdoor Storage Plan, and thereafter comply with the approved plan.
29. Developer shall submit and obtain City Planner approval of an exterior lighting plan including
parking areas, pedestrian paths and landscaping within the project site, as well as within the
adjacent offsite parcel (APN 223-053-17-00) pedestrian path/landscape areas connecting both
the project site and the surrounding neighborhood with the La Costa Town Square shopping
center. Lighting within the offsite pedestrian path/landscape areas shall be repaired, upgraded,
PC RESO NO. 7391 -15-
and/or otherwise enhanced to the satisfaction of the City Planner in areas where pedestrian
lighting has been damaged, vandalized, removed or is generally lacking sufficient illumination
to provide safety and security for pedestrian use. All parking area and pedestrian path lighting
shall be designed to reflect downward and avoid any impacts on adjacent homes or property.
30. Prior to issuance of a building permit, all parties involved in the joint use of a parking lot shall
provide evidence of agreement for such joint use by a proper legal instrument approved by the
City Attorney as to form and the City Planner as to content. Such instrument, when approved as
conforming to the provisions of this title, shall be recorded in the office of the county recorder
and copies thereof filed with the City Planner.
31. Mechanical ventilation for each unit shall be shown on the plans submitted for building permit
plan check. Because heating, ventilation, and air conditioning (HVAC) equipment and other
mechanical equipment can generate noise that could affect surrounding residential units, and
because the details, specifications, and locations of this equipment are not yet known, the
project applicant shall retain an acoustical specialist to review project construction-level plans
to ensure that the equipment specifications and plans for HVAC and other outdoor mechanical
equipment incorporate measures, such as the specification of quieter equipment or provision
of acoustical enclosures, that will not exceed relevant noise standards at nearby noise-sensitive
land uses (e.g., residential). Prior to the issuance of building permits, the acoustical specialist
shall certify in writing to the City of Carlsbad that the equipment specifications and plans
incorporate measures that will achieve the relevant noise limits.
32. Stone veneer, consistent with one of the three color schemes presented in the Planning
Commission Exhibits and chosen for the multiple-family building on the affordable housing site
(Parcel 2), shall be added to the masonry patio walls.
Engineering
General
33. 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.
34. 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.
35. 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 streets, utilities, street
trees, sidewalks, landscaping, street lighting, enhanced paving, 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.
36. 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
PC RESO NO. 7391 -16-
standard map review plan check fees.
37. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Landscape Manual and City Engineering Standards. The property owner shall
maintain this condition.
38. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, ground cover, etc.)
and irrigation along the parkway frontage with La Costa Avenue as shown on the Tentative
Map/Site Plan.
Fees/ Agreements
39. 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.
40. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
41. 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.
42. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Street Tree Maintenance Agreement.
43. Developer shall cause property owner to execute and submit to the city for recordation a
Prepayment Agreement with the city for prepayment of the obligation for funding to improve
Rancho Santa Fe Road, which will satisfy the special condition in the Zone 11 LFMP requiring a
financing plan guaranteeing construction of Rancho Santa Fe Road. The Prepayment Agreement
shall be in a form to the satisfaction of the city attorney and city engineer.
Grading
44. Upon a review of the proposed grading and the grading quantities shown on the tentative map, a
grading permit for this project is required. Developer shall prepare and submit plans and technical
studies/reports for city engineer review, post security and pay all applicable grading plan review
and permit fees per the city's latest fee schedule.
45. This project requires off site grading. No grading for private improvements shall occur outside the
project unless developer obtains, records, and submits a recorded copy, to the city engineer, a
temporary grading, construction or slope 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 either apply for and
obtain an amendment of this approval or modify the plans so grading will not occur outside the
project and apply for and obtain a finding of substantial conformance and/or consistency
determination from both the city engineer and city planner.
46. Prior to approval of the grading plans, the applicant shall submit a Construction Plan to the city
engineer for review and approval. Said Plan may be required to include, but not be limited to,
identifying the location of the construction trailer, material staging, material deliveries, bathroom
PC RESO NO. 7391 -17-
facilities, parking of construction vehicles, employee parking, construction fencing and gates,
obtaining any necessary permission for off-site encroachment, addressing pedestrian safety, and
identifying time restrictions for various construction activities. All material staging, construction
trailers, bathroom facilities, etc. shall be located outside the public right-of-way unless otherwise
approved by the city engineer or Construction Management & Inspection engineering manager.
Storm Water Quality
47. 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 ofthe above
requirements.
48. 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 SW PPP plan review and inspection fees per the city's latest fee schedule.
49. 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.
50. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc.) incorporate all source control, site design, treatment control
BMP, and Low Impact Design (LID) facilities.
Dedications/Improvements
51. Developer shall design the private streets, as shown on the tentative map to the satisfaction of
the city engineer. The structural section of all private streets shall conform to City of Carlsbad
Standards based on R-value tests. All private streets shall be inspected by the city. Developer shall
pay the standard improvement plan check and inspection fees for private streets.
52. Deveioper shall design the private drainage systems, as shown on the tentative map to the
satisfaction of the city engineer. All private drainage systems 12" diameter storm drain and larger
shall be inspected by the city. Developer shall pay the standard improvement plan check and
inspection fees for private drainage systems.
53. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a
right-of-way permit to the satisfaction of the city engineer.
PC RESO NO. 7391 -18-
54. Developer shall design all proposed public improvements including but not limited to driveway
approaches as shown on the tentative map. Existing pedestrian ramps shall be modified as
necessary to meet current accessibility standards for pedestrian facilities within the public right-
of-way. These improvements shall be shown on one of the following, subject to city engineer
approval:
A. Grading plans processed in conjunction with this project; or
8. Construction Revision to an existing record public improvement drawing
Developer shall pay plan check and inspection fees using improvement valuations in accordance
with the city's current fee schedule. Developer shall execute a city standard Subdivision
Improvement Agreement to install said improvements and shall post security in accordance with
C.M.C. Section 20.16.070. Developer shall apply for and obtain a right-of-way permit prior to
performing work in the city right-of-way
Non-Mapping Notes
55. Add the following notes to the final map as non-mapping data:
Utilities
A. Developer has executed a city standard Subdivision Improvement Agreement and has posted
security in accordance with C.M.C. Section 20.16.070 to install public improvements shown
on the Tentative Map. These improvements include, but are not limited to:
1) Driveway approaches. Existing pedestrian ramps shall be modified as necessary to
meet current accessibility standards for pedestrian facilities within the public right-
of-way.
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 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
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 th~ 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 or agreed to pay all said
park-in-lieu fees in accordance with section 20.16.070 of the Carlsbad Municipal Code
56. 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.
PC RESO NO. 7391 -19-
57 . Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
58. The developer shall 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.
59. The developer shall meet with and obtain approval from the Leucadia Wastewater District
regarding sewer infrastructure available or required to serve this project.
60. The developer shall meet with and obtain approval from the Olivenhain Municipal Water District
regarding potable water infrastructure available or required to serve this project.
61. The developer shall meet with and obtain approval from the Olivenhain Municipal Water District
regarding recycled water infrastructure available or required to serve this project.
62. The developer shall design and construct public water, and sewer facilities substantially as shown
on the tentative map to the satisfaction of the district engineer and city engineer.
63. The developer shall provide separate private potable water sub-meters for each separately
owned unit within this subdivision.
64. Developer shall locate utility transformers or water backflow preventers outside the public right-
of-way as shown on the Tentative Map to the satisfaction of the city engineer.
Code Reminders
65. This tentative map shall expire two years from the date on which the City Council voted to
approve this application.
66. 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.
67. 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.
68. 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.
69. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
70. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 11 as required by Carlsbad Municipal Code Section 21.90.050.
71. 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.
72. Developer shall pay traffic impact based on Section 18.42 of the City of Carlsbad Municipal Code,
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respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown
on the tentative map are for planning purposes only.
73. Developer shall pay a landscape inspection fee as required by Section 20.08.050 of the Carlsbad
Municipal Code.
74. Developer shall report, in writing, to the City Planner within 30 days, any address change from
that which is shown on the permit application, any change in the telecommunications provider,
or any transfer in ownership of the site.
75. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
76. Any signs proposed for this development shall at a minimum be designed in conformance with
the city's Sign Ordinance and shall require review and approval of the City Planner prior to
installation of such signs.
77. Developer acknowledges that the project is required to comply with the city's greenhouse gas
{GHG) reduction ordinances and requirements. GHG reduction requirements are in accordance
with, but are not limited to, Carlsbad Municipal Code Chapters 18.21, 18.30, and 18.51 in addition
to the California Green Building Standards Code (CCR, Title 24, Part 11-CALGreen), as amended
from time to time. GHG reduction requirements may be different than what is proposed on the
project plans or in the Climate Action Plan Checklist originally submitted with this project.
Developer acknowledges that new GHG reduction requirements related to energy efficiency,
photovoltaic, electric vehicle charging, water heating and traffic demand management
requirements as set forth in the ordinances and codes may impact, but are not limited to, site
design and local building code requirements. If incorporating GHG reduction requirements results
in substantial modifications to the project, then prior to issuance of development (grading,
building, etc.) permits, Developer may be required to submit and receive approval of a
Consistency Determination or Amendment for this project through the Planning Division.
Compliance with the applicable GHG reduction requirements must be demonstrated on or with
the construction plans prior to issuance of the applicable development permits
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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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City
of Carlsbad, California, held on December 2, 2020, by the following vote, to wit:
AYES: Chair Anderson, Commissioners Luna, Meenes, Merz and Stine
NOES: Commissioners Geidner and Lafferty
ABSENT:
ABSTAIN:
VELYN ANDERSON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
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