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HomeMy WebLinkAbout2024-12-04; Planning Commission; Resolution 7531PLANNING COMMISSION RESOLUTION NO. 7531 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT PERMIT, SITE DEVELOPMENT PLAN, COASTAL DEVELOPMENT PERMIT, AND MINOR SUBDIVISION TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE, DUPLEX, AND ACCESSORY STRUCTURE, AND CONSTRUCTION OF A THREE-UNIT, RESIDENTIAL AIR-SPACE CONDOMINIUM PROJECT CONSISTING OF THREE DETACHED, THREE STORY, ONE FAMILY DWELLINGS ON A 0.18-ACRE INFILL SITE LOCATED AT 180 CHERRY AVENUE, WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: CHERRY BEACH HOMES CASE NO.: PUD 2024-0002/SDP 2024-0013/CDP 2024-0016/ MS 2024-003 (DEV2024-0052) WHEREAS, RREG INVESTMENTS SERIES LLC SERIES 1046, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as LOT E IN BLOCK 1 OF PALISADES HEIGHTS, IN THE CTY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1777, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 11, 1924 ("the Property"); and WHEREAS, said verified application constitutes a request for a Planned Development Permit, Site Development Plan, Coastal Development Permit, and Tentative Parcel Map as shown on Exhibit(s) "A" -M" dated Dec. 4, 2024, on file in the Planning Division, PUD 2024-0002/SDP 2024- 0013/CDP 2024-0016/MS 2024-003 (DEV2024-0052) -CHERRY BEACH HOMES, as provided by Chapter 21.16, 21.45, 21.82, 21.201, and 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on Dec. 4, 2024, 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 Planned Development Permit, Site Development Plan, Coastal Development Permit, and Minor Subdivision. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES PUD 2024-0002/SDP 2024-0013/CDP 2024-0016/MS 2024-003 (DEV2024-0052) - CHERRY BEACH HOMES, based on the following findings and subject to the following conditions: Findings: Planned Development Permit (PUD 2024-0002) 1. 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 General Plan Land Use designation for the property is R-23 Residential, allows residential development at a density range of 15-23 dwelling units per acre (du/ac). The project site has a net developable acreage of 0.18 acres. As three residential units are proposed (16.7 dwelling units per acre), the project complies with the R-23 General Plan Land Use designation for density. The project is consistent with all remaining development and design standards applicable to the property as contained in Chapters 21.16 Multiple-Family Residential (R-3) Zone, 21.45 (Planned Developments) and 21.82 (Beach Area Overlay Zone (BAOZ) of the Carlsbad Municipal Code. 2. The proposed project will not be detrimental to existing uses, or to uses specifically 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 three-unit residential air-space condominium project is compatible with existing surrounding single-family and multiple-family residential uses as permitted by the Multiple-Family Residential (R-3) Zone and does not create any traffic or circulation impacts, as Garfield Street and Cherry Avenue are adequately designed to accommodate the 24 Average Daily Trips (ADTs) being generated. 3. The project will not adversely affect the public health, safety, or general welfare, in that the three- unit residential air-space condominium project has been designed to comply with all applicable development standards to ensure compatibility with surrounding single-family and multiple- family residential uses. 4. 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 architectural character of the project is a beach contemporary style featuring rectangular massing, gable roofs, and a number of balconies with decorative railings. Primary building materials include horizontal and vertical siding, stucco and brick; and utilizing white, tan, light gray and dark gray as primary color values. Dark gray, light gray, and tan composite asphalt shingles cover a 3:12-pitched roof on each building. A conceptual landscape plan has been reviewed for the site and a final landscape plan is conditioned to be approved prior to grading permit issuance. All elements (i.e. site layout, architecture, landscaping) create continuity in the overall project design. Site Development Plan {SDP 2024-0013) 5. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the project consists of the demolition of an existing single-family residence, duplex, and detached accessory structure, and the construction of a three-unit residential air-space condominium project on a 0.18-acre in-fill site located at 180 Cherry Ave. The site is surrounded by a mix of existing single-family and multiple-family residential developments. The proposed three-unit residential project, at a density of 16.7 du/ac, is consistent with the R-23 Residential (15-23 du/ac) General Plan Land Use designation. The project is consistent with the various elements and objectives of the General Plan as discussed in the findings below and Section "A" of the project analysis. The proposed three-unit residential project will not be detrimental to existing uses or to uses specifically permitted in the area in which the use is located in that residential is a permitted use within the Multiple-Family Residential (R-3) Zone and is compatible with the other residential uses surrounding the project site, including single-family and multi-family residential uses. The three-unit residential air-space condominium project, comprised of three detached single-family dwellings will not adversely impact the site, surroundings, or traffic circulation in that the existing surrounding streets have adequate capacity to accommodate the 24 Average Daily Trips (ADTs) generated by the project. The project complies with all minimum development standards of the Carlsbad Municipal Code, including but not limited to the R-3 Zone, Beach Area Overlay Zone, and the Planned Development Ordinance. Furthermore, the project is adequately parked on-site and does not result in any significant environmental impacts. 6. That the site for the intended use is adequate in size and shape to accommodate the use, in that as demonstrated in the project staff report, the three-unit residential air-space condominium project complies with all development standards (i.e. front, side and rear setbacks, lot coverage, private open space, number of parking spaces, and height restrictions) of the Multiple-Family Residential (R-3) Zone, the Beach Area Overlay Zone, and the Planned Development Ordinance. 7. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that as demonstrated in the project staff report, the three-unit residential air- space condominium project complies with the development standards (i.e., front, side and rear setbacks, lot coverage, private open space, number of parking spaces, and height restrictions) of the Multiple-Family Residential (R-3) Zone, the Beach Area Overlay Zone, and the Planned Development Ordinance. A horizontal metal-slat fence is proposed along west and north property lines (six feet high) and in some front yard areas (3.5 feet high). All proposed fencing complies with the Zoning Code. Landscaping of the property, including the areas along Garfield Street and Cherry Avenue, will be provided consistent with the requirements of the city's Landscape Manual. Two street trees are proposed to be removed and will be replaced at a 2:1 ratio, either on-or off-site, which is acceptable to the Parks and Recreation Department. 8. That the street systems serving the proposed use are adequate to properly handle all traffic generated by the proposed use, in that the three-unit residential air-space condominium project will take access off both Cherry Avenue and Garfield Street, which are identified as village streets and designed to adequately handle the 24 ADTs generated by the project. The proposed project will construct frontage improvements as required to accommodate driveways and improvements to the pedestrian ramp at the corner of Cherry and Garfield. Coastal Development Permit (CDP 2024-0016} 9. That the proposed development is in conformance with the Mello II Segment of the Certified Local Coastal Program (LCP) and all applicable policies, in that the site is designated R-23 Residential (15-23 du/ac) for single-family, two-family, and multi-family residential development by the Mello II Segment of the LCP. The project consists of the demolition of an existing single-family residence, duplex, and detached accessory structure, and the construction of a three-unit residential air-space condominium project on a 0.18-acre in-fill site located at 180 Cherry Ave. The proposed three-unit residential project, at a density of 16.7 du/ac, is consistent with the R-23 Residential (15-23 du/ac) designation. The proposed three-story units will not obstruct views of the coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone. No agricultural uses currently exist on the site, nor are there any sensitive resources located on the property. In addition, the proposed three-unit residential condominium project is not located in an area of known geologic instability or flood hazards. Since the site does not have frontage along the coastline, no public opportunities for coastal shoreline access are available from the subject site. Furthermore, the residentially designated site is not suited for water-oriented recreation activities. 10. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the property is not located adjacent to the shoreline. Therefore, the three- unit residential air-space condominium project will not interfere with the public's right to physical access to the ocean and, furthermore, the residentially designated site is not suited for water-oriented recreation activities. 11. That the project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the three-unit residential air-space condominium project will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP} to avoid increased urban runoff, pollutants, and soil erosion. No undevelopable steep slopes or native vegetation is located on the subject property and the previously graded site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 12. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X of the Land Use Plan, certified September 1990 and Agricultural Conversion Mitigation Fees are not required in accordance with the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance). 13. The project is not between the sea and the first public road parallel to the sea and therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance). Minor Subdivision (MS 2024-0003) 14. 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 three-unit residential air-space condominium project created through the minor subdivision satisfies all the minimum requirements of Title 20 and has been designed to comply with other applicable regulations including the Multiple-Family Residential (R-3) Zone, the Beach Area Overlay Zone, the Planned Development Ordinance, and the R-23 Residential General Plan Land Use designation. 15. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated R-23 Residential for residential development at a density of 15-23 dwelling units per acre. Surrounding properties are also zoned Multiple-Family Residential (R- 3) and are developed with multiple-family residential projects of a similar density or underdeveloped lots containing one single-family home. 16. 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 development standards and design criteria required by the Multiple-Family Residential (R-3) Zone, the Planned Development Ordinance, and the Beach Area Overlay Zone are incorporated into the three-unit residential air-space condominium project. 17. 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 three-unit residential air-space condominium project has been designed and conditioned so that there are no conflicts with established easements. The applicant is required to construct frontage improvements as required to accommodate new driveways and construct improvements to the pedestrian ramp at the corner of Cherry Avenue and Garfield Street. 18. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 19. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that the structures are designed to include balconies and operable windows oriented to maximize exposure of each unit to natural light and ventilation from nearby coastal breeze.s. 20. 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. 21. 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 three-unit residential air-space condominium project site has been previously developed and is surrounded by existing development. 22. 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 three-unit residential air-space condominium project will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants, and soil erosion. General 23. 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 Dec. 4, 2024, including, but not limited to the following: 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. 24. 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, 25. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit A. Land Use & Community Design -The three-unit residential air-space condominium project is consistent with the elements and objectives of the General Plan as discussed in Section "A" of the project analysis. The project's density of 21 dwelling units per acre is consistent with the R-23 Residential (15-23 du/ac) General Plan Land Use designation. B. Housing -The proposal to demolish three residential units and construct a three-unit residential condominium project has been conditioned to pay the applicable housing in-lieu fee for three units if building permits for the project have not been applied for within two years of demolishing the two existing residential units. C. Mobility -The proposed project has been designed to meet all circulation requirements, including vehicular access to and from Cherry Avenue and Garfield Street. In addition, the applicant will be required to pay any applicable traffic impact fees, prior to issuance of a building permit, that will go toward future road improvements. The proposed project will construct frontage improvements as required to accommodate new driveways and construct improvements to the pedestrian ramp at the corner of Cherry Avenue and Garfield Street. D. Public Safety -The proposed structural improvements will be required to be designed in conformance with all seismic design standards. In addition, the proposed project is consistent with all the applicable fire safety requirements including fire sprinklers. Furthermore, the project has been conditioned to develop and implement a program of "best management practices" for the elimination and reduction of pollutants which enter into and/or are transported within storm drainage facilities. E. Noise -Per the Noise Element of the General Plan and available city data, the project site is not within an area of elevated noise exposure. The project consists of three residential air- space condominiums configured as detached one-family dwellings and standard construction practices and the use of mechanical ventilation will ensure the projects continued compatibility with the noise environment. 23. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 24. 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 Dec. 4, 2024. 26. 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 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, building or grading permit whichever occurs 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 Planned Development Permit, Site Development Plan, Coastal Development Permit, and Minor Subdivision. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Planned Development Permit, Site Development Plan, Coastal Development Permit, and Minor Subdivision documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this project are challenged, this approval shall be suspended as provided in Government Code §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 Planned Development Permit, Site Development Plan, Coastal Development Permit, and Minor Subdivision (b) city's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the city's approval is not validated. 6. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Tentative Parcel Map/Site Plan, conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision-making body. The copy shall be submitted to the City Planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 9. This approval shall become null and void if building or grading permits are not issued for this project within 24 months from the date of project approval. 10. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the city that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Parcel Map. 11. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFO #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1 pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 12. Prior to the issuance of the grading permit or final parcel map approval, whichever comes 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 Planned Development Permit, Site Development Plan, Coastal Development Permit, and Minor Subdivision 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. 13. Prior to issuance of grading permit(s), 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. 14. 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. 15. Prior to issuance of grading and building permits, Developer shall list the following condition on all grading and building permit construction 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. 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 tract map approval. Prior to Certificate of Occupancy, 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. A "hold" will be placed on the building permit (i.e., Certificate of Occupancy) to ensure that said CC&R's are received prior to issuance of Certificate of Occupancy. At a minimum, the CC&Rs shall contain the following provisions: a. General Enforcement by the City: The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. b. Notice and Amendment: A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. c. Failure of Association to Maintain Common Area Lots and Easements: In the event that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article ___ _, Section _____ the city shall have the right, but not the duty, to perform the necessary maintenance. If the city elects to perform such maintenance, the city shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the city finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association's Easements within the period specified by the city's notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. d. Special Assessments Levied by the City: In the event the City has performed the necessary 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 to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the city, the city may levy a special assessment against the Owners of each Lot in the Project for an equal pro rata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the city with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article ____ of this Declaration. e. Landscape Maintenance Responsibilities: The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit ____ _ f. Balconies, trellis, and decks: The individual lot or unit owner allowances and prohibitions regarding balconies, trellis, and decks shall be as set forth in Exhibit ___ _ 17. Prior to Certificate of Occupancy, the Developer shall submit to the City Planner a recorded copy of the Condominium Plan filed with the Bureau of Real Estate which is in conformance with the City-approved documents and exhibits. 18. At issuance of building permits, or prior to the approval of a final parcel map, the Developer shall pay to the city any applicable inclusionary housing in lieu fees. The proposal to demolish a single- family residence and duplex, followed by the construction of a three-unit residential condominium project does not require the payment of inclusionary housing in lieu fees. However, if building permits for the three-unit project have not been applied for within two years of demolishing the existing duplex, inclusionary housing in lieu fees shall apply. 19. 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 orfee, 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, or inside each unit, stating the fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. 20. 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. 21. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the City Planner, inside each unit until sold. All sales maps that are distributed or made available to the public shall include but not be limited to information on trails, future and existing schools, parks, and streets. 22. Developer shall post a sign inside each unit, in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until the individual unit is sold. 23. 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. 24. 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. 25. Prior to issuance of a grading permit or the commencement of any ground-disturbing activities, whichever occurs first, Developer shall: a. Retain the services of a qualified archaeologist who shall be on-site to monitor ground disturbing activities. In the event cultural resource material is encountered, the archaeologist is empowered to temporarily divert or halt grading to allow for coordination with the Luiseno Native American monitor and to determine the significance of the discovery. The archaeologist shall follow all standard procedures for cultural resource materials that are not Tribal Cultural Resources, in accordance with applicable laws and regulations including but not limited to the Carlsbad Tribal, Cultural and Paleontological Resources Guidelines {2017). b. Enter into a Pre-Excavation Agreement, otherwise known as a Tribal Cultural Resources Treatment and Tribal Monitoring Agreement, with the San Luis Rey Band of Mission Indians or other Luiseno Native American tribe that meets all standard requirements of the tribe for such Agreements, in accordance with applicable laws and regulations including but not limited to the Carlsbad Tribal, Cultural and Paleontological Resources Guidelines (2017). This agreement will address provision of a Luiseno Native American monitor and contain provisions to address the proper treatment of any Tribal Cultural Resources and/or Native American human remains inadvertently discovered during the course of the project. The agreement will outline the roles and powers of the Luiseno Native American monitor and the archaeologist. 26. The removal of any street trees will require replacement at a 2:1 ratio, either on-site or off-site, to the satisfaction of the Parks & Recreation Department and the City Planner. Engineering: General 27. 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. 28. 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. 29. 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 storm drain and trash capture facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. The CCR's shall include a requirement to provide an annual verification of the effective operation and maintenance of each structural treatment control BMP in accordance with the BMP maintenance agreement and the TCSWQMP. The annual verification shall be submitted to the enforcement official in a format as approved by the city prior to the start of the rainy season. 30. Developer shall include rain gutters on the building plans subject to the city engineer's review and approval. Developer shall install rain gutters in accordance with said plans. 31. Developer shall prepare, submit and process for city engineer approval a parcel map to subdivide this project. There shall be one Parcel Map recorded for this project. Developer shall pay the city standard map review plan check fees. 32. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover, etc.) and irrigation along the parkway frontage with Cherry Avenue and Garfield Street as shown on the Tentative Map/Site Plan. Fees/ Agreements 33. 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. 34. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 35. 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. 36. Developer shall cause owner to execute, for recordation, a city standard Local Improvement District Agreement to pay fair share contributions for undergrounding of all existing overhead utilities and installation of street lights, as needed, along the subdivision frontage, should a future district be formed. Grading 37. 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. 38. Prior to issuance of the grading permit, the contractor shall submit a Construction Plan to the city engineer for review and approval. Said Plan may be required to include, but not be limited to, identifying the location of the construction trailer, material staging, bathroom facilities, parking of construction vehicles, employee parking, construction fencing and gates, obtaining any necessary permission for off-site encroachment, addressing pedestrian safety, and identifying time restrictions for various construction activities. Storm Water Quality 39. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 40. 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. 41. This project is subject to Trash Capture requirements. Developer shall prepare and process a Trash Capture Storm Water Quality Management Plan (TCSWQMP}, subject to city engineer approval, to comply with the Carlsbad BMP Design Manual latest version. The final TCSWQMP required by this condition shall be reviewed and approved by the city engineer with final grading plans and/or building plans, whichever occurs first. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's latest fee schedule. 42. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc) incorporate all source control, site design, pollutant control BMP and applicable hydromodification measures. 43. 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 44. 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. 45. 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. 46. Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, shall execute a city standard Subdivision Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the tentative map. Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: A. Driveways B. Sewer Main C. Sewer Services D. Water Services, Meters and Backflows E. Pedestrian Ramp and Sidewalk F. Storm Drain Outlet G. 3" AC Grind and Overlay Additional public improvements required in other conditions of this resolution are hereby included in the above list by reference. Developer shall pay the standard improvement plan check and inspection fees in accordance with the fee schedule. Improvements listed above shall be constructed within 36 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 47. Developer is responsible to ensure all existing overhead utilities servicing the subject property are to be undergrounded as shown on the tentative map and to the satisfaction of the city engineer. No new or relocated utility poles are allowed. 48. 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 49. 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) Driveways 2) Sewer Main 3) Sewer Services 4) Water Services, Meters and Backflows 5) Pedestrian Ramp and Sidewalk 6) Storm Drain Outlet 7) 3" AC Grind and Overlay 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. The owner of this property on behalf of itself and all of its successors in interest has agreed Utilities 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. D. 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. 50. 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 51. 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. 52. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. 53. The developer shall agree to install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 54. 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. 55. 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. 56. Subdivider shall comply with Section 20.16.040(D) of the Carlsbad Municipal Code regarding the undergrounding of existing overhead utilities. NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter 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. PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on Dec. 4, 2024, by the following vote, to wit: AYES: Kamenjarin, Meenes, Merz, Stine NAYES: Lafferty ABSENT: Danna, Hubinger ABSTAIN: None. WILLIAM KAMEN RIN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MIKE STRONG Assistant Director of Community Development /1ArJ3