HomeMy WebLinkAbout2021-07-27; City Council; Resolution 2021-184RESOLUTION NO. 2021-184
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN AND TENTATIVE
PARCEL MAP (SDP 2018-0014/MS 2018-0011) TO DEMOLISH AN EXISTING
SINGLE-FAMILY HOME AND CONSTRUCT A FOUR-UNIT RESIDENTIAL AIR-
SPACE CONDOMINIUM ON A 0.19-ACRE SITE LOCATED AT 635 PINE AVENUE
IN THE PINE-TYLER MIXED-USE DISTRICT OF THE VILLAGE AND BARRIO
MASTER PLAN AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1
WHEREAS, the City Council of the City of Carlsbad, California has determined that that pursuant
to the provisions of the Municipal Code, the Planning Commission did, on May 19, 2021, hold a duly
noticed public hearing as prescribed by law to consider Site Development Plan SDP 2018-0014 and
Tentative Parcel Map MS 2018-0011, as referenced in Planning Commission Resolution No. 7413; and
the Planning Commission adopted Planning Commission Resolution No. 7413 recommending to the
City Council that it be approved; and
WHEREAS, the City Council of the City of Carlsbad, held a duly noticed public hearing to consider
said Site Development Plan and Tentative Parcel Map; 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 Site
Development Plan and Tentative Parcel Map; and
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 Site
Development Plan SDP 2018-0014 and Tentative Parcel Map MS 2018-0011, is
approved, and that the findings and conditions of the Planning Commission contained
in Planning Commission Resolution No. 7413 on file with the City Clerk and incorporated
herein by reference, are the findings and conditions of the City Council.
July 27, 2021 Item #9 Page 5 of 10
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 27th day of July, 2021, by the following vote, to wit:
AYES: Blackburn, Acosta, Bhat-Patel.
NAYS: None.
ABSENT: Hall. 1(cfr#7 7ze(
MATT HALL, Mayor
'clerk ENGLESON, City tlerk
(SEAL)
(SEAL)
July 27, 2021 Item #9 Page 6 of 10
PLANNING COMMISSION RESOLUTION NO. 7413
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD,
CALIFORNIA, RECOMMENDING APPROVAL OF A SITE DEVELOPMENT PLAN
AND TENTATIVE PARCEL MAP TO CONSTRUCT A FOUR-UNIT RESIDENTIAL
AIR-SPACE CONDOMINIUM PROJECT ON A 0.19-ACRE SITE IN THE PINE-
TYLER MIXED-USE (PT) DISTRICT OF THE VILLAGE AND BARRIO MASTER PLAN
ON PROPERTY GENERALLY LOCATED AT 635 PINE AVENUE IN LOCAL
FACILITIES MANAGEMENT ZONE 1.
CASE NAME: 635 PINE AVE CONDOS
CASE NO.: SDP 2018-0014/MS 2018-0011 (DEV2018-0156)
WHEREAS, Tony Cassolato, "Developer," has filed a verified application with the City of
Carlsbad regarding property owned by Anne Woodward Cassolato and Biner, Inc, "Owner," described as
LOT 15 AND 16 IN BLOCK 41 OF TOWN OF CARLSBAD, CITY OF
CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 775, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 15, 1894.
("the Property"); and
WHEREAS, said verified application constitutes a request for a Site Development Plan and
Tentative Parcel Map as shown on Exhibit(s) "A" -"O" dated May 19, 2021, on file in the Planning Division,
SOP 2018-0014/MS 2018-0011 (DEV2018-0156)-635 PINE AVE CONDOS as provided by Chapters 20.24
and 21.06 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on May 19, 2021, 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 Site Development Plan and Tentative Parcel Map.
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 SOP 2018-0014/MS 2018-0011 (DEV2018-0156) -635
PINE AVE CONDOS based on the following findings and subject to the following
conditions:
Findings:
Site Development Plan
1.
2.
3.
4.
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 proposed
tentative parcel map consisting of four (4) residential units is consistent with the General Plan
and satisfies all minimum requirements of the Village and Barrio Master Plan, and Titles 20 and
21 of the Carlsbad Municipal Code with respect to public facilities, access and parking as
discussed in the project staff report dated May 19, 2021.
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 project consists of the construction of a four-unit residential air-space condominium on a
0.19-acre infill site located at 635 Pine Avenue within the Pine-Tyler Mixed Use (PT) district of
the Village and Barrio Master Plan (VBMP). The adjacent properties to the north, south, and
west are also located within the PT District of the VBMP. The property to the east is located
within the Barrio Center (BC) district of the VBMP. Residential uses are permitted by right in the
PT and BC districts. Given that residential uses are allowed in the surrounding properties, the
proposed four-unit residential air-space condominium project is compatible with existing and
future land uses. The four-unit residential air-space condominium project will not adversely
impact the site, surroundings, or traffic circulation in that the existing surrounding streets have
adequate capacity to accommodate the 32 Average Daily Trips (ADT) generated by the project.
The project complies with all minimum development standards of the PT district and the VBMP,
and the project provides adequate parking on-site and does not result in any significant
environmental impacts.
That the site for the intended development or use is adequate in size and shape to accommodate
the use, in that the Pine-Tyler Mixed Use (PT) district within the Village and Barrio Master Plan
(VBMP) allows residential development at a density range of 18 to 23 dwelling units per acre.
Based on an acreage of 0.19 acres, the proposed four-unit residential condominium units have
a density of 21 dwelling units per acre. As the proposed project falls within the allowable density
range and meets all required development standards, the project will adequately accommodate
the proposed density.
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 as demonstrated in the project staff
report dated May 19, 2021, the four-unit residential air-space condominium project complies
with all development standards (i.e. setbacks, lot coverage, parking, and height restrictions) of
PC RESO NO. 7413 -2-
the Pine-Tyler Mixed-Use (PT} district and the Village and Barrio Master Plan (VBMP}.
Landscaping along the outer edge of the property, including the areas along Pine Avenue and
Roosevelt Street, will be provided consistent with the requirements of the city's Landscape
Manual. In addition to the above, privacy walls/fences on the property will be provided or
maintained.
5. That the street systems serving the proposed development or use is adequate to properly handle
all traffic generated by the proposed use, in that the four-unit residential air-space condominium
project will take access from Roosevelt Street Alley, and can adequately handle the 32 Average
Daily Trips (ADT} generated by the project. The Roosevelt Street Alley is already improved. The
project will reconstruct portions of the curb, gutter and sidewalk along the project frontage due
to the removal of the driveway along Pine Avenue.
Tentative Parcel Map
6. That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable
specific plans, Titles 20 and 21 of the Carlsbad Municipal Code and the State Subdivision Map Act,
and will not cause serious public health problems, in that the proposed tentative parcel map for
a four-unit residential air-space condominium subdivision is consistent with the General Plan
and satisfies all minimum requirements of the Village and Barrio Master Plan, and Titles 20 and
21 of the Carlsbad Municipal Code with respect to public facilities, access and parking as
discussed in the project staff report dated May 19, 2021.
7. That the proposed project is compatible with the surrounding future land uses since surrounding
properties are developed, and currently designated as Village-Barrio (VB) in the General Plan
and are located in the Pine-Tyler Mixed Use (PT} district of the Village and Barrio Master Plan
(VBMP). The subject property is in the PT district and is surrounded by residential development.
The surrounding properties to the north, south, and west are also located within the PT district.
The property to the east is located in the Barrio Center (BC) district. Residential uses are
permitted by right in the PT and BC districts. Given the surrounding residential uses, which are
allowed in the surrounding PT and BC districts, the proposed four-unit residential air-space
condominium project is compatible with existing and future land uses.
8. 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 Pine-Tyler Mixed-Use (PT} district within the Village and Barrio Master Plan (VBMP}
allows residential development at a density range of 18 to 23 dwelling units per acre. Based on
an acreage of 0.19 acres, the proposed four-unit residential condominium has a density of 21
dwelling units per acre. As the proposed project falls within the allowable density range and
meets all required development standards, the project site will accommodate the proposed
density.
9. 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.
PC RESO NO. 7413 -3-
10. That the property is not subject to a contract entered into pursuant to the Land Conservation Act
of 1965 (Williamson Act);
11. That the design of the subdivision provides, to the extent feasible, for future passive or natural
heating or cooling opportunities in the subdivision, in that structures have been designed to
include operable windows on all elevations and balconies to maximize exposure of each unit to
natural light and ventilation from nearby coastal breezes.
12. • 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 proposed
four-unit residential project is conditioned to pay an inclusionary housing in-lieu fees pursuant
to Carlsbad Municipal Code Section 21.85.110.
13. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish and wildlife or their habitat, in
that the previously developed lot is devoid of sensitive vegetation and any natural water
features. Therefore, the proposed project does not impact any fish, wildlife or habitat.
14. 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.
15. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 1 and all city public facility policies and ordinances. The project
includes elements or has been conditioned to construct or provide funding to ensure that all
facilities and improvements regarding sewer collection and treatment, water, drainage,
circulation, fire, schools, parks and other recreational facilities, libraries, government
administrative facilities, and open space, related to the project will be installed to serve new
development prior to or concurrent with need. Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified School
District that the project has satisfied its obligation for school facilities.
, b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44 and will be
collected prior to issuance of building permit.
c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected
prior to the issuance of building permit.
16. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
17. 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
PC RESO NO. 7413 -4-
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 grading permit, building
permit or recordation of final map, whichever comes first.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the city shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or further
condition all certificates of occupancy issued under the authority of approvals herein granted;
record a notice of violation on the property title; institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. No vested rights are gained
by Developer or a successor in interest by the city's approval of this Site Development Plan and
Tentative Parcel Map.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Site Development Plan and Tentative Parcel Map 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 Site Development Plan and Tentative Parcel Map,
(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
Map/Site Plan or other), conceptual grading plan and preliminary utility plan reflecting the
PC RESO NO. 7413 -5-
conditions approved by the final decision making body. The copy shall be submitted to the City
Planner, reviewed and, if found acceptable, signed by the city's project planner and project
engineer. If no changes were required, the approved exhibits shall fulfill this condition.
7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the 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 of Local Facilities Management Plan and any amendments made to that Plan prior
to the issuance of building permits.
9. This approval shall become null and void if building permits are not issued for this project within
24 months from the date of project approval.
10. Building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides written certification to the city that adequate water service
and sewer facilities, respectively, are available to the project at the time ofthe 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.
11. 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.
12. 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.
13. Prior to the issuance of the Site Development Plan and Tentative 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(n) Site Development Plan and Tentative Parcel Map by Resolution(s)
No. 74J3 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.
14. The developer shall pay to the city an inclusionary housing in lieu fee as an individual fee on a per
market rate dwelling unit basis for three units in the amount in effect at the time, as established
by City Council Resolution from time to time. If building permits are not applied for within two
PC RESO NO. 7413 -6-
years of demolishing the existing unit, then the inclusionary housing in lieu fee will be paid for
four units.
15. Developer shall make a separate formal landscape construction drawing plan check submittal to
the Planning Division and obtain City Planner approval of a Final Landscape and Irrigation Plan
showing conformance with the approved Preliminary Landscape Plan and the city's Landscape
Manual. Developer shall construct and install all landscaping and irrigation as shown on the
approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum
amount of water to the landscape for plant growth without causing soil erosion and runoff.
16. The first submittal of Final ~andscape 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.
17. 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
d.
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.
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
PC RESO NO. 7413 -7-
shall provide a copy of such invoice to each Owner in the Project, together with a
statement that if the Association fails to pay such invoice in full within the time specified,
the city will pursue collection against the Owners in the Project pursuant to the provisions
of this Section. Said invoice shall be due and payable by the Association within twenty
{20) days of receipt by the Association. If the Association shall fail to pay such invoice in
full within the period specified, payment shall be deemed delinquent and shall be subject
to a late charge in an amount equal to six percent {6%) of the amount of the invoice.
Thereafter the city may pursue collection from the Association by means of any remedies
available at law or in equity. Without limiting the generality of the foregoing, in addition
to all other rights and remedies available to the city, the city may levy a special assessment
against the Owners of each Lot in the Project for an equal pro rata share of the invoice,
plus the late charge . Such special assessment shall constitute a charge on the land and
shall be a continuing lien upon each Lot against which the special assessment is levied.
Each Owner in the Project hereby vests the city with the right and power to levy such
special assessment, to impose a lien upon their respective Lot and to bring all legal actions
and/or to pursue lien foreclosure procedures against any Owner and his/her respective
Lot for purposes of collecting such special assessment in accordance with the procedures
set forth in Article _____ of this Declaration.
18. This project is being approved for residential homeownership purposes. If any of the units in the
project are rented, the minimum time increment for such rental shall be not less than 30 days.
The CC&Rs for the project shall include this requirement.
19. 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.
20. 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.
21. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in substance
as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of
Community and Economic Development Department and Planning.
22. 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.
23. 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.
PC RESO NO. 7413 -8-
24. Developer shall submit and obtain City Planner approval of an exterior lighting plan including
parking areas. All lighting shall be designed to reflect downward and avoid any impacts on
adjacent homes or property.
Engineering Conditions
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval
of this proposed subdivision, must be met prior to approval of a final map or grading plan, whichever
occurs first.
General
25. 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.
26. 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.
27. 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 drive aisles, sidewalks,
landscaping, enhanced paving, 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.
28. Developer shall prepare, submit and process for city engineer approval a final map to subdivide
this project. There shall be one Final Map recorded for this project. Developer shall pay the city
standard map review plan check fees.
Fees/ Agreements
29. 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.
30. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
Grading
31. Based upon a review of the proposed grading and the grading quantities shown on the tentative
map, a grading permit for this project is required. Developer shall prepare and submit plans and
technical studies/reports as required by city engineer, post security and pay all applicable grading
plan review and permit fees per the city's latest fee schedule.
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32 . Prior to approval of the grading plans, the applicant shall submit a Construction Plan to the city
engineer for review and approval. Said Plan may be required to include, but not be limited to,
identifying the location of the construction trailer, material staging, material deliveries, bathroom
facilities, parking of construction vehicles, employee parking, construction fencing and gates,
obtaining any necessary permission for off-site encroachment, addressing pedestrian safety, and
identifying time restrictions for various construction activities. All material staging, construction
trailers, bathroom facilities, etc. shall be located outside the public right-of-way unless otherwise
approved by the city engineer or Construction Management & Inspection engineering manager.
Storm Water Quality
33 . 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.
34. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP
Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer
shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier
level Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer.
Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee
schedule.
35 . Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form.
Developer is responsible to ensure that all final design plans, grading plans, and building plans
incorporate applicable best management practices (BMPs). These BMPs include site design,
source control and Low Impact Design (LID) measures including, but not limited to, minimizing
the use of impervious area (paving), routing run-off from impervious area to pervious/landscape
areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or
signage all to the satisfaction of the city engineer.
Dedications/Improvements
36. Developer shall cause owner to dedicate to the city and/or other appropriate entities an
easement for public street & public utility purposes as shown on the tentative map. The offer
shall be made by a certificate on the final map or separate recorded document. All land so offered
shall be free and clear of all liens and encumbrances and without cost to the city. Streets that are
already public are not required to be rededicated. Additional easements may be required at final
design to the satisfaction of the city engineer.
37. Developer shall cause owner to dedicate to the city and/or other appropriate entities an
easement for water purposes as shown on the tentative map. The offer shall be made by a
certificate on the final map or separate recorded document. All land so offered shall be free and
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clear of all liens and encumbrances and without cost to the city. Streets that are already public
are not required to be rededicated. Additional easements may be required at final design to the
satisfaction of the city engineer.
38. Developer shall design the private drainage systems, as shown on the tentative map to the
satisfaction of the city engineer. All private drainage systems (12" diameter storm drain and
larger) shall be inspected by the city. Developer shall pay the standard improvement plan check
and inspection fees for private drainage systems.
39. 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.
40. Developer shall ensure that the existing alley driveway from Pine Ave complies with ADA
standards.
41. Developer shall design all proposed public improvements including but not limited to sewer
lateral, water services, curb drains, and sidewalks as shown on the tentative map. These
improvements shall be shown on one of the following, subject to city engineer approval:
A. Grading plans processed in conjunction with this project; or
B. Construction Revision to an existing record public improvement drawing
42. 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 (or
Development) Improvement Agreement to install said improvements and shall post security in
accordance with C.M.C. Section 20.16.070 (or 18.40.060 for Development Improvement
Agreement). Developer shall apply for and obtain a right-of-way permit prior to performing work
in the city right-of-way.
43. Developer is responsible to ensure utility transformers or raised water backflow preventers that
serve this development are located outside the right-of-way as shown on the Tentative Map and
to the satisfaction of the city engineer. These facilities shall be constructed within the property.
Non-Mapping Notes
44. Add the following notes to the final map as non-mapping data:
A. Developer has executed a city standard Subdivision Improvement Agreement and has
posted security in accordance with C.M.C. Section 20.16.070 to install public
improvements shown on the Tentative Map. These improvements include, but are not
limited to:
1) sewer lateral.
2) water service/meter
3) sidewalk
4) curb and gutter
B. Building permits will not be issued for development of the subject property unless the
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Utilities
appropriate agency determines that sewer and water facilities are available.
C. Geotechnical Caution:
1) 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 geological failure, ground water seepage or land
subsidence and subsequent damage that may occur on, or adjacent to, this
subdivision due to its construction, operation or maintenance.
D. 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.
E. The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may
arise through any diversion of waters, the alteration of the normal flow of surface waters
or drainage, or the concentration of surface waters or drainage from the drainage system
or other improvements identified in the city approved development plans; or by the
design, construction or maintenance of the drainage system or other improvements
identified in the city approved development plans.
F. There are no public park or recreational facilities to be located in whole or in part within
this subdivision. The subdivider is therefore obligated to pay park-in-lieu fees in
accordance with section 20.44.050 of the Carlsbad Municipal Code and has either paid all
of said park in-lieu fees or agreed to pay all of said park-in-lieu fees in accordance with
section 20.16.070 of the Carlsbad Municipal Code.
45. 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.
46. Developer shall design and agree to construct public facilities within public right-of-way or within
minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the discretion
of the district or city engineer, wider easements may be required for adequate maintenance,
access and/or joint utility purposes.
47. 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 grading
plans.
48. 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 grading plans.
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49. The developer shall design and agree to construct public water, sewer, and recycled water
facilities substantially as shown on the tentative map to the satisfaction of the district engineer
and city engineer.
50. The potable water service for this project shall be master metered which shall be located within
a water easement subject to approval by the district engineer. Developer shall install private sub-
meters as necessary for all proposed units in the building. Final meter design, backflow preventer,
size, and manufacturer shall be provided to the satisfaction of the district engineer and shown on
public improvement plans.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following code requirements:
'
51. 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 ofthe city engineer.
52. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor
area contained in the staff report and shown on the tentative map are for planning purposes only.
53. Developer shall pay park-in-lieu fees to the city, prior to the approval ofthe final map as required
by Chapter 20.44 of the Carlsbad Municipal Code.
54. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
55. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90,050.
56. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
General
57 . 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.
58. The project shall comply with the latest disabled access requirements pu rsuant to Title 24 of the
California Building Code.
59 . Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 17.04.060. Prior to submittal for a building permit, Developer shall submit a request for
addressing to the Building Division.
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60. 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 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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