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HomeMy WebLinkAbout2013-12-04; Planning Commission; Resolution 7025 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN, PLANNED DEVELOPMENT PERMIT, COASTAL DEVELOPMENT PERMIT, AND TENTATIVE PARCEL MAP TO DEMOLISH AN EXISTING SINGLE- FAMILY HOME AND SHED TO ALLOW FOR THE DEVELOPMENT OF A FOUR-UNIT MULTI-FAMILY RESIDENTIAL AIR-SPACE CONDOMINIUM PROJECT ON A 0.202 ACRE INFILL SITE LOCATED AT 369 JUNIPER AVENUE, WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1. THE PROJECT QUALIFIES AS A CEQA GUIDELINES SECTION 15332 (INFILL DEVELOPMENT PROJECT) CATEGORICAL EXEMPTION. CASE NAME: BEACHWALK AT JUNIPER CASE NO.: SDP 13-04/PUD 13-07/CDP 13-16/MS 13-05 WHEREAS, Vesta Pacific Development, Inc., “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by 369 Juniper Acq., LLC, “Owner,” described as The southwesterly one-half of the northwesterly one-half of Lot 4, Block “R” of Palisades No. 2, City of Carlsbad, County of San Diego, State of California, according to map thereof No. 1803 filed in the Office of the County Recorder of said county August 25, 1924 (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Development Plan, Planned Development Permit, Coastal Development Permit, and Tentative Parcel Map, as shown on Exhibits “A – H” dated December 4, 2013, on file in the Planning Division, SDP 13-04/PUD 13-07/CDP 13-16/MS 13-05 – BEACHWALK AT JUNIPER as provided by Chapters 21.06, 21.45, 21.80, and 20.24 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on December 4, 2013 , 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, Planned Development Permit, Coastal Development Permit, and Tentative Parcel Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: PLANNING COMMISSION RESOLUTION NO. 7025 PC RESO NO. 7025 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES SDP 13-04/PUD 13-07/CDP 13-16/MS 13-05 – BEACHWALK AT JUNIPER based on the following findings and subject to the following conditions: Findings: Site Development Plan 1. 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 development of a four-unit multiple-family residential air- space condominium project on a 0.202-acre previously developed infill site located at 369 Juniper Avenue on the south side of the street between Garfield Street and the railroad tracks. The site is predominately surrounded by existing multiple-family residential developments to the north, south and west, with the exception of an existing single-family residence to the east. The proposed multiple-family residential project at a density of 19.8 du/ac is consistent with the Residential High Density (RH: 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 Section “A” of the project staff report. The proposed multiple-family residential use will not be detrimental to existing uses or to uses specifically permitted in the area in which the use is located in that, multiple-family residential is a use permitted within the Multiple-Family Residential (R-3) Zone and is compatible with the other residential uses surrounding the project site, including single-family residential. The multiple-family residential 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 will provide full street improvements along its frontage in the form of curb, gutter, sidewalk and additional right-of- way for the development of a future cul-de-sac at the end of Juniper Avenue; the project complies with all minimum development standards of the Carlsbad Municipal Code, including but not limited to the Multiple-Family Residential (R-3) Zone, Beach Area Overlay Zone (BAOZ), and the Planned Development Ordinance; and the project is adequately parked onsite and does not result in any environmental impacts. 2. That the site for the intended use is adequate in size and shape to accommodate the use, in that the four-unit multiple-family residential air-space condominium project complies with all of the minimum development standards (i.e. front, side and rear setbacks, lot coverage, parking, and height restrictions) of the Multiple-Family Residential (R-3) Zone, the Beach Area Overlay Zone (BAOZ), and the Planned Development Ordinance as demonstrated in the project staff report. 3. 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 four-unit multiple-family residential air-space condominium project complies with all of the minimum development standards (i.e. front, side and rear setbacks, lot coverage, parking, and height restrictions) of the Multiple-Family Residential (R-3) Zone, the Beach Area Overlay Zone (BAOZ), and the Planned Development Ordinance. Landscaping along the outer edge of the property, PC RESO NO. 7025 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 including the front setback area along Juniper Avenue is provided consistent with the requirements of the city’s Landscape Manual. In addition to the above, the project design incorporates a dense landscape screen, consisting of trees, bamboo, and other dense landscape plant species, planted along the common property line in the southwest corner of the project to specifically limit or obscure inadvertent views into the adjoining living areas (including an outdoor patio) of the two-story residential condominium unit located on the adjoining property directly to the south. A solid privacy wall has also been incorporated into southern exposure of the third floor roof deck consisting of opaque glass so as to further address privacy concerns. 4. That the street systems serving the proposed use are adequate to properly handle all traffic generated by the proposed use, in that the four-unit multiple-family residential air-space condominium project will take access off of Juniper Avenue, which is identified as a local street, and is designed to adequately handle the 32 Average Daily Trips (ADT) generated by the project. In addition to the above, the project will be providing full street improvements along its frontage in the form of curb, gutter, sidewalk; as well as providing additional right-of- way for future development of a cul-de-sac at the end of Juniper Avenue adjacent to the rail road tracks Planned Development Permit 5. 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 density of 19.8 dwelling units per acre for the four-unit multiple-family residential air- space condominium project is consistent with the Residential High (RH) Density Land Use designation (15-23 du/acre). As discussed in the project staff report, the project is consistent with all minimum 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. 6. 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 four-unit multiple-family residential air-space condominium project does not propose or require any variances from standards; is compatible with existing surrounding multiple-family and single-family residential uses as permitted by the Multiple- Family Residential (R-3) Zone; and does not create any traffic circulation impacts as Juniper Avenue is adequately designed to accommodate the 32 Average Daily Trips (ADT) being generated. 7. The project will not adversely affect the public health, safety, or general welfare, in that the four-unit multiple-family residential air-space condominium project has been designed to comply with all applicable development standards to ensure compatibility with surrounding multiple-family and single-family residential uses. 8. 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 four-unit multiple-family residential air-space condominium project is arranged in an attached 4-plex configuration along a private driveway enhanced by decorative pavers and porous concrete banding with landscaping along both sides. The three story structure with attached two car garages is architecturally harmonious with the surrounding PC RESO NO. 7025 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 beach environment and includes a variety of roof planes and off-set building projections. Primary building materials consist of stucco, horizontal siding, and masonry veneer. Paint colors are aesthetically pleasing and consist of natural beiges and warm green tones. Dark colored asphalt composition shingles cover a 3:12 pitched roof over each unit; and metal awnings adorn many of the windows, doors, and balconies throughout. All elements (i.e. site layout, architecture, landscaping) create continuity in the overall project design. Coastal Development Permit 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 RH (15-23 du/ac) for multi-family residential development by the Mello II LCP and the project consists of the demolition of an existing single-family home with shed and development of a four-unit multi-family residential air-space condominium project with attached garages at 19.8 du/acres on a 0.202 acre previously developed site; the proposed three-story dwelling 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 development area of the property. In addition, the proposed multiple-family residential 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 four- unit multiple-family residential air-space condominium project will not interfere with the public’s right to physical access the ocean and furthermore, the residentially designated site is not suited for water-oriented recreation activities. 11. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the four-unit multiple-family residential air- space condominium project will adhere to the City’s Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. Furthermore, no natural steep slopes ≥25% gradient will be affected by the project, and no native vegetation is located on the subject site. In addition, the project 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 located 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). . . . PC RESO NO. 7025 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Tentative Parcel Map 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 four multiple-family residential air-space condominium units created through the tentative parcel map satisfy all the minimum requirements of Title 20 and have been designed to comply with other applicable regulations including, the Multiple-family Residential (R-3) Zone, the Beach Area Overlay Zone (BAOZ), the Planned Development Ordinance, Growth Management Ordinance, and the Residential High Density (RH) General Plan Land Use designation. 15. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for Residential High Density (RH) development on the General Plan and are predominantly developed with multiple-family residential projects of a similar density. 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 (BAOZ) are incorporated into the four-unit multiple-family residential air-space condominium project without the need for any variances from development standards. 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 four-unit multiple-family residential air-space condominium project has been designed and conditioned so that there are no conflicts with established easements and no additional right-of-way is required. 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 structures are designed to include patios roof decks, and multiple balconies oriented to maximize exposure of each unit to natural light and ventilation from nearby coastal breezes. 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 four-unit multiple-family residential air-space condominium project site has been previously graded 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 four-unit multiple-family residential air-space condominium project has been designed in accordance with the Best PC RESO NO. 7025 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Management Practices for water quality protection in accordance with the City’s sewer and drainage standards and is conditioned to comply with the National Pollutant Discharge Elimination System (NPDES) requirements. 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 December 4, 2013 including, but not limited to the following: a) Land Use – The four-unit multiple-family residential air-space condominium project is consistent with the elements and objectives of the General Plan as discussed in Section “A” of the project staff report. The proposed residential density of 19.8 dwelling units per acre (4 dwelling units) is within the Residential High (RH) density range (15–23 du/ac). Because the four unit project exceeds the maximum unit yield (3.8 dwelling units) at the Growth Management Control Point (GMCP) of the RH General Plan Land Use designation, 0.2 dwelling units will be withdrawn from the City’s excess dwelling unit bank consistent with City Council Policy No. 43. b) Circulation – The project will take access off of Juniper Avenue, which does not presently include full street improvements along its frontage. The project has been conditioned to install all infrastructure-related improvements (including but not limited to curb, gutter and sidewalk) and any necessary easements for these improvements concurrent with development. c) Noise - The project will not result in exposure of persons to or generation of noise levels in excess of standards established in the General Plan or the City of Carlsbad Noise Guidelines Manual, nor will it result in exposure of persons to significant adverse ground- borne vibration and/or ground-borne noise impacts from the railroad in excess of standards established by the U.S. Department of Transportation (DOT)/Federal Transit Administration (FTA), in that a Noise Study (July 19, 2013) and a Preliminary Train Vibration Analysis (August 26, 2013) was prepared by Wieland Acoustics, Noise & Vibration Consultants, to address any potential noise and/or ground-borne vibration/noise impacts occurring as a result of the project sites close proximity (202 ft.) to the railroad tracks located to the east. No significant adverse ground-borne vibration and/or ground-borne noise impacts were identified. To comply with the city’s exterior 60 dB(a) CNEL noise standard, the project design includes a 6 ft. high noise barrier surrounding the exterior of the second floor balcony at Unit C. This design consists of a combination low stucco wall and glass enclosure. For purposes of uniformity, Units A and B also include a similar designed balcony. For achieving the 45 dB(a) CNEL interior noise standard, the noise study includes construction design standards to be incorporated at the building construction phase. The project has been conditioned to incorporate these design standards and to require a final interior noise assessment prior to the issuance of building permits to ensure compliance with the residential interior noise standard. d) Housing – The four-unit multiple-family residential air-space condominium project is consistent with the Housing Element of the General Plan and the Inclusionary Housing Ordinance as the project has been conditioned to pay an affordable housing in-lieu fee on a per unit basis prior to final parcel map approval. PC RESO NO. 7025 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e) Public Safety – The four-unit multiple-family residential air-space condominium project is located within a five minute response time of Fire Station No. 1, will provide an automatic sprinkler system within each dwelling unit, and is consistent with the fire code. 24. In approving a request for an allocation of excess dwelling units, the following three findings contained in City Council Policy No. 43 – Excess Dwelling Unit Bank must be made: a) That the project location and density are compatible with existing adjacent residential neighborhoods and/or nearby existing or planned uses in that the four-unit multiple-family residential air-space condominium project is located within a Residential High (RH) General Plan Land Use designation and Multiple-Family Residential (R-3) Zone, which consists predominantly of multiple-family residential projects developed at a similar density (15-23 du/ac) as the density of the proposed project (19.8 du/ac); and b) That the project location and density are in accordance with the applicable provisions of the General Plan and any other applicable planning document in that as described above the location and density of the four-unit multiple-family residential air-space condominium project is in accordance with the applicable provisions of the General Plan for the RH Land Use designation; and c) That the project complies with the findings stated in the General Plan Land Use Element for projects that exceed the GMCP for the applicable density range in that 1) there have been sufficient developments in the northwest quadrant that have developed at densities below the Growth Management Control Point (GMCP) such that the allocation of 0.2 dwelling units would not result in exceeding the quadrant limit, 2) the project is conditioned to pay the appropriate fees to comply with City’s Growth Management Program, and 3) the City’s public facilities plans will not be adversely impacted as the allocation of 0.2 units has already been analyzed and anticipated within the northwest quadrant. 25. 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. d. 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. PC RESO NO. 7025 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 26. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 27. That the City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15332, In-fill Development Project, of the state California Environmental Quality Act (CEQA) Guidelines, of the state CEQA Guidelines. 28. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a grading or building permit, or recordation of the Final Parcel Map, 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 Site Development Plan, Planned Development Permit, Coastal Development Permit, 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, Planned Development Permit, Coastal Development Permit, 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, Planned Development PC RESO NO. 7025 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Permit, Coastal Development Permit, 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. Developer shall submit to the Planning Division a reproducible 24” x 36,” mylar copy of the Tentative Parcel Map, Site Plan, and Grading Plans reflecting the conditions approved by the final decision-making body. 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 9. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of the recordation of the final parcel map. 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. The project site is located in an area that may contain soil material that is suitable for beach sand replenishment as defined in the Carlsbad Opportunistic Beach Fill program (COBFP) adopted by the Planning Commission on May 17, 2006 (SUP 04-13). Prior to the issuance of a grading permit, and as a part of the grading plan preparation, the developer shall test the soil material to be exported from the project site to determine the materials suitability for sand replenishment pursuant to the requirements of the COBFP. If the material is deemed suitable for beach replenishment the developer is encouraged to comply with the process outlined in the COBFP to transport and place the beach quality material on the beach site identified in the COBFP. 12. 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. 13. 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 Site Development Permit, Planned Development Permit, Coastal Development Permit, and Tentative Parcel Map by Resolution No. 7025 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 PC RESO NO. 7025 -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. At issuance of building permits, or prior to the approval of a final parcel map and/or issuance of certificate of compliance for the conversion of existing apartments to air-space condominiums, 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 in the amount in effect at the time, as established by City Council Resolution from time to time. 15. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. Developer shall construct and install all landscaping 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. Temporary landscaping shall be provided to the satisfaction of the City Planner in the northeast corner of the site until such time as the sidewalk connection with the adjacent property to the east can be made. 17. 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. 18. 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 parcel map approval. Prior to issuance of a building permit, the Developer shall provide the Planning Division with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the City Planner. At a minimum, the CC&Rs shall contain the following provisions: a. General Enforcement by the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. b. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. c. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the “Common Area Lots and/or the Association’s Easements” as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association’s Easements within the PC RESO NO. 7025 -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 __________. 19. This project is being approved as a condominium permit 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 31 days. The CC&Rs for the project shall include this requirement. 20. 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. 21. 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. PC RESO NO. 7025 -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 22. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. 23. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the City Planner and shall at least include a handout and a sign inside the sales facility stating the fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. 24. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the City Planner, in the sales office at all times. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks, and streets. 25. Developer shall post a sign in the sales office in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. 26. Prior to the recordation of the first final parcel map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property may be subject to impacts from the existing Railroad Transportation Corridor, in a form meeting the approval of the City Planner and the City Attorney (see Notice and Waiver Concerning Railroad Environmental Impacts on file in the Planning Division). 27. 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. 28. 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. 29. Developer shall construct, install, and stripe not less than two (2) visitor parking spaces, as shown on the project site plan (Planning Commission Exhibit D). 30. The final project design shall incorporate all interior and exterior noise control measures contained within the project related noise study (Wieland Acoustics, Noise Study for the Proposed Condominium Development at 369 Juniper Avenue in the City of Carlsbad, Project File No. 13.013.00, July 19, 2013). . . . . . . . . . PC RESO NO. 7025 -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Engineering: General 31. 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. 32. 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. 33. Developer shall submit to the city engineer an acceptable instrument, via CC&R’s and/or other recorded document, addressing the maintenance, repair, and replacement of shared private improvements within this subdivision, including but not limited to private utilities, street trees, sidewalks, landscaping, enhanced and/or pervious paving, water quality treatment measures, 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. 34. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this condition. Fees/Agreements 35. 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. 36. Developer shall cause property owner to execute and submit to the city engineer for recordation the city’s standard form Drainage Hold Harmless Agreement. 37. Prior to approval of any grading or building permits for this project, developer shall cause owner to give written consent to the city engineer for the annexation of the area shown within the boundaries of the subdivision into the existing City of Carlsbad Street Lighting and Landscaping District No. 1 and/or to the formation or annexation into an additional Street Lighting and Landscaping District. Said written consent shall be on a form provided by the city engineer. 38. Prior to issuance of building permits, or grading permit, whichever occurs first, 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 39. 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 for city engineer review, post security and pay all applicable grading plan review and permit fees per the city’s latest fee schedule. PC RESO NO. 7025 -14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 40. 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. 41. Developer shall complete and submit to the city engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all 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. 42. Developer shall incorporate measures with this project to comply with Standard Stormwater Requirements per the city’s Standard Urban Stormwater Management Plan (SUSMP). These measures include, but are not limited to: 1) reducing the use of new impervious surfaces (e.g.: paving), 2) designing drainage from impervious surfaces to discharge over pervious areas (e.g.: turf, landscape areas), 3) and designing trash enclosures to avoid contact with storm runoff, all to the satisfaction of the city engineer. Dedications/Improvements 43. Developer shall cause owner to dedicate to the city and/or other appropriate entities for the public street & public utility purposes as shown on the tentative map. The offer shall be made by a certificate on the parcel map. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. 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. 44. Developer shall design the private drainage systems, as shown on the tentative parcel map to the satisfaction of the city engineer. All private drainage systems (12” diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 45. 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. Curb, gutter, sidewalk, street pavement and base, driveway approach and asphalt concrete berm. B. Installation of water services and meters and sewer laterals. Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constructed within 36 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. PC RESO NO. 7025 -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 46. Prior to issuance of building permits, developer shall install separate sewer services to each unit proposed by this tentative parcel map. Sewer services shall be provided to the satisfaction of the city engineer. 47. Prior to removal of any trees within the public right-of-way, the developer shall obtain any necessary approvals from the Parks Maintenance Division of the Parks and Recreation Department. Non-Mapping Notes 48. Add the following notes to the final parcel 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) Curb, gutter, sidewalk, street pavement and base, driveway approach and asphalt concrete berm. 2) Installation of water services and meters and sewer laterals. 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. 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. Utilities 49. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. PC RESO NO. 7025 -16- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 50. The developer shall design and 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. 51. The developer shall provide separate potable water meters for each separately owned unit within this subdivision. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 52. This tentative parcel map shall expire two years from the date on which the planning commission voted to approve this application. 53. 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. 54. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final parcel map as required by Chapter 20.44 of the Carlsbad Municipal Code. 55. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 56. 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. 57. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 58. 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. 59. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 60. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 61. Any signs proposed for this development shall at a minimum be designed in conformance with the City’s Sign Ordinance and shall require review and approval of the City Planner prior to installation of such signs. . . . . . . . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 December 4, 2013, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: bK Chairperson Siekmann, Commissioners Anderson, Black, L'Heureux, Schumacher, Scully and Segall KERRY K. SIEKMANN, Chairperson CARLSBAD PLANNING COMMISSION ATIEST: ~n DON NEU City Planner PC RESO NO. 7025 -17-