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HomeMy WebLinkAbout2015-10-07; Planning Commission; Resolution 7125 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, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP AND A MAJOR REVIEW PERMIT TO ALLOW FOR 1) THE DEMOLITION OF A MEDICAL OFFICE BUILDING; 2) THE CONSTRUCTION OF A 21,158 SQUARE FOOT, FOUR-STORY MIXED-USE BUILDING CONSISTING OF 4,600 SQUARE FEET OF GROUND FLOOR RETAIL/COMMERCIAL AREA, 8 OFFICE CONDOMINIUM UNITS, 4 RESIDENTIAL CONDOMINIUM UNITS; AND AN ENCLOSED AT-GRADE PARKING GARAGE; AND 3) THE PURCHASE OF 23 IN-LIEU PARKING FEES. THE 0.32-ACRE PROJECT SITE IS ADDRESSED AS 725 GRAND AVENUE, AND LOCATED WITHIN LAND USE DISTRICT 1, CARLSBAD VILLAGE CENTER, OF THE VILLAGE REVIEW (VR) ZONE AND LOCAL FACILITIES MANAGEMENT ZONE 1. THE PROJECT QUALIFIES AS A CEQA GUIDELINES SECTION 15332 (IN-FILL DEVELOPMENT PROJECTS) CLASS 32 CATEGORICAL EXEMPTION. CASE NAME: THE GRAND MADISON CASE NO.: CT 15-04/RP 15-06 WHEREAS, Patrick Smith, LLC, “Developer/Owner” has filed a verified application with the City of Carlsbad regarding properties described as: Lots 13, 14, 15, and 16 in Block 49 of Carlsbad Townsite, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 535, filed in the office of the County Recorder of San Diego County, May 2, 1888 (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map and a Major Review Permit as shown on Exhibits “A – R” dated October 7, 2015, on file in the Planning Division, CT 15-04/RP 15-06 – THE GRAND MADISON, as provided by Title 20 and Chapter 21.35 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on October 7, 2015, 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 Tentative Tract Map and Major Review Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: PLANNING COMMISSION RESOLUTION NO. 7125 PC RESO NO. 7125 -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 RECOMMENDS APPROVAL of CT 15-04/RP 15-06 – THE GRAND MADISON based on the following findings and subject to the following conditions: Findings: Tentative Tract Map, CT 15-04 1. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code and the State Subdivision Map Act, and will not cause serious public health problems, in that the proposed tentative tract map is consistent with the General Plan and satisfies all minimum requirements of the Village Master Plan and Titles 20 and 21, with respect to public facilities, access and parking as discussed in the project staff report. 2. That the proposed project is compatible with the surrounding future land uses since the surrounding properties are developed, are currently designated as Village (V) in the General Plan and are located in Land Use Districts 1 or 2, Carlsbad Village Center and Office Support Area, respectively, of the Village Master Plan. The subject property is bordered to the north by Grand Avenue, a private parking lot and the Grand Avenue Bar and Grill; to the south by a parking lot and the Blue Ocean restaurant; to the east by the Madison Street Alley and a professional office building; and to the west by Madison Street and Chase bank. Pursuant to the Land Use District 1 of the Village Master Plan, the intent is to reinforce the pedestrian shopping environment, encourage mutually supportive uses and provide activity focus for Carlsbad Village and the City as a whole. 3. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that the Village (V) General Plan Land Use designation allows residential development at a density range of 28 to 35 dwelling units per acre. For mixed use projects such as the proposed project, the minimum allowable density is calculated based on 50% of the developable area. Therefore, based on an overall project area gross/net acreage of 0.321 acres, the minimum density shall be calculated based on 0.16 acres (0.321 x 0.50 = 0.16). The resulting minimum density for the proposed mixed use project is 25 dwelling units per acre; the resulting minimum unit yield is 4.48 dwelling units. Pursuant to Table A of CMC Section 21.53.120, a unit yield which results in a fractional unit below 0.5 may be rounded down. Further, although the project’s proposed density of 25 dwelling units per acre falls below the minimum density of the 28 dwelling units per acre, pursuant to CMC Section 21.53.230, unit yields rounded down that result in a density which is below the minimum density shall be found consistent with the General Plan. Thus, the proposal for four (4) residential condominiums is consistent with the base minimum density and yield. The ground floor commercial retail unit and the eight (8) office condominiums are a not counted towards overall project density. 4. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the project has been designed and conditioned such that there are no conflicts with established easements. PC RESO NO. 7125 -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 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 6. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that the proposed residential units have a north, south, east and west orientation thereby allowing for passive or natural solar heating and cooling opportunities. 7. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources in that the proposal to construct four (4) residential condominium units has been accordingly- conditioned to pay the applicable housing in-lieu fee for four (4) units prior to final parcel map approval. 8. 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 project site has been previously developed and, therefore, does not impact any fish, wildlife or habitat. 9. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management Practices for water quality protection in accordance with the City’s sewer and drainage standards and the project is conditioned to comply with the National Pollutant Discharge Elimination System (NPDES) requirements. 10. That the street systems serving the proposed use is adequate to properly handle all traffic generated by the proposed use, in that the existing streets can accommodate the estimated increase of 232 ADTs and all required public right-of-way has been or will be dedicated and has been or will be improved to serve the development. In addition, the proposed project would not result in any significant capacity-related impacts to any road segments or intersections. Major Review Permit, RP 15-06 11. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City’s General Plan, and the development standards of the Village Review Zone and the Village Master Plan and Design Manual, based on the facts set forth in the staff report dated October 7, 2015, including, but not limited to the following: a. Land Use. The proposed project, which includes demolition of an existing dental office building and the construction of a 21,158 square foot four-story mixed-use building consisting of 4,600 square feet of ground floor retail/commercial area, 8 office condominium units, 4 residential condominium units, and an enclosed at-grade parking garage, will enhance the vitality of the Village, specifically Land Use District 1 (Carlsbad Village Center), by providing mutually supportive uses in the form of residential, office and commercial retail uses; reinforcing the pedestrian-orientation that is desired for the downtown area by placing new residents and employees in close proximity to services and the opportunity to walk to local shopping, dining, recreation, and mass transit functions; the project’s close proximity to existing bus PC RESO NO. 7125 -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 routes and mass transit help to further the goal of providing new economic and residential development near transportation corridors; and lastly, will contribute to the revitalization of the Village area in the form of a new building at the southeast corner of Grand Avenue and Madison Street which not only provides a strong street presence, extensive architectural relief, landscape planters, a seating area on the corner and visually subordinate parking, but also new commercial lease space, new employment opportunities and new consumers for the Village. b. Housing. The proposed project is consistent with the Housing Element of the General Plan and the City’s Inclusionary Housing Ordinance, in that the project has been accordingly-conditioned to require the payment of the applicable housing in-lieu fee for four (4) units prior to recordation of the final map. c. Circulation. The existing streets can accommodate the estimated 232 ADTs (net increase) and all required public right-of-way has been or will be dedicated and has been or will be improved to serve the development. The pedestrian spaces and circulation have been designed in relationship to the land use and available parking. Pedestrian circulation is provided through pedestrian-oriented building design, landscaping, and hardscape. Public facilities have been, or will be constructed to serve the proposed project. Further, 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. d. Public Safety. The proposed building is required to be designed in conformance with all seismic design standards of the California Building Code (CBC) and State building requirements. Additionally, the proposed project design is consistent with all of the applicable fire safety requirements; and the entire building is designed to be sprinkled in accordance with National Fire Protection Agency Standard 13 and City of Carlsbad regulations. e. Noise. The project site is located approximately ¼ mile east of the train station. While it is anticipated that standard construction practices prescribed by the California Energy Code Title 24 standards would meet the interior noise standards of 45 dBA CNEL for residential land uses and 55 dBA CNEL for the professional office and retail land uses, the project has been accordingly-conditioned to require confirmation from a registered noise consultant that the construction materials adequately attenuate the noise per the requirements of the Noise Guidelines Manual. f. Land Use District 1 Standards. The project as designed is consistent with the development standards for Land Use District 1, the Village Design Guidelines and other applicable regulations set forth in the Village Master Plan and Design Manual as discussed in the project staff report. 12. The Developer/Property owner qualifies to participate in the Parking In-Lieu Fee Program and participation in the program will satisfy the parking requirements for the project. Justification for participation in the Parking In-Lieu Fee Program is contained in the following findings: . . . PC RESO NO. 7125 -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 a. The project is consistent with Village Review Master Plan and Design Manual in that the project assists in satisfying the goals and objectives through the following actions 1) the mixed-use project stimulates property improvements and new development in the Village by constructing a new permitted mixed-use building in an area with a mix of dated buildings and increasing the intensity of development within the Village; 2) it establishes Carlsbad Village as a quality shopping, working and living environment by providing new employment opportunities; attracting additional tourist-serving uses; increasing the number, quality, diversity and affordability of housing units within the Village; and reinforcing pedestrian retail continuity within the Village commercial areas; and 3) improves the physical appearance of the Village Area by redeveloping an underutilized site along Grand Avenue and Madison Street with a new attractive building that adheres to the land use regulations and design guidelines set forth for the area; b. The proposed use is consistent with the goals and objectives set forth for Land Use District 1 of the Village Master Plan and Design Manual in that the mixed-use development not only provides mutually supportive uses in the form of residential, timeshare and commercial uses along State Street, but reinforces the pedestrian- orientation desired for the downtown area by providing new residents and timeshare occupants an opportunity to walk to local shopping, dining, recreation, and mass transit functions; furthermore, its close proximity to existing bus routes and mass transit help to further the goal of providing new economic and residential development near transportation corridors; and lastly, it will contribute to the revitalization of the Village area in the form of a new building at the southeast corner of Grand Avenue and Madison Street; new commercial lease space, new employment opportunities and new consumers; c. Adequate parking is available within the Village to accommodate the project's parking demands. Based on the most recent parking study dated September, 2014, the average occupancy for all public parking lots is 70%. This utilization ratio allows for continued implementation of the parking in-lieu fee program because it is less than the 85% threshold for maximum utilization set by the City Council; and d. The In-Lieu Fee Program has not been suspended or terminated by the City Council. City Council Policy No. 43, Allocation for Excess Dwelling Units 13. That the project location and density are compatible with the existing adjacent residential neighborhoods and/or nearby existing or planned uses in that the project is consistent with the adjacent mix of residential and commercial land uses and anticipated uses in that Land Use District 1 of the Village Master Plan is intended to provide for a gradual transition to a mix of higher quality commercial and residential uses which will provide positive support for the core of the Village. 14. 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 Village (V) General Plan Land Use designation allows residential development at a density range of 28 to 35 dwelling units per acre. For mixed use projects such as the proposed project, the minimum allowable density is calculated based on 50% of the developable area. Therefore, based on an overall project area gross/net acreage of 0.321 acres, the minimum density shall be calculated based PC RESO NO. 7125 -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 on 0.16 acres (0.321 x 0.50 = 0.16). The resulting minimum density for the proposed mixed use project is 25 dwelling units per acre; the resulting minimum unit yield is 4.48 dwelling units. Pursuant to Table A of CMC Section 21.53.120, a unit yield which results in a fractional unit below 0.5 may be rounded down. Further, although the project’s proposed density of 25 dwelling units per acre falls below the minimum density of the 28 dwelling units per acre, pursuant to CMC Section 21.53.230, unit yields rounded down that result in a density which is below the minimum density shall be found consistent with the General Plan. Thus, the proposal for four (4) residential condominiums is consistent with the base minimum density and yield. The ground floor commercial retail unit and the eight (8) office condominiums are not counted towards overall project density. 15. That there are an adequate number of units in the Excess Dwelling Unit Bank in the northwest quadrant to remove four (4) units. Per the city’s Quadrant Dwelling Unit Report (dated July, 2015), 2,084 units remain available for allocation in the northwest quadrant. California Environmental Quality Act: 16. The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA Guidelines as an infill development project. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the State CEQA Guidelines do not apply to this project. General 17. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all City public policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. c. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 18. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 19. 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. PC RESO NO. 7125 -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 Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the approval of the final map, demolition permit, grading permit or building 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 Tentative Tract Map and Major Review Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map and Major Review Permit 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 Tentative Tract Map and Major Review Permit (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 Map and Site Plan 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. PC RESO NO. 7125 -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 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 9. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 10. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 11. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 12. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. Developer shall construct and install all landscaping as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 13. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Division and accompanied by the project’s building, improvement, and grading plans. 14. The irrigation systems shall be designed for the use of recycled water unless an exemption is granted by the City of Carlsbad Utility Division. 15. A separate water service for landscaping including but not limited to connections, water meters, and backflow preventers shall be provided. 16. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Director of the Community and Economic Department. 17. Prior to the recordation of the Final Map, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map and Major Review Permit by Resolution No. 7125 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 PC RESO NO. 7125 -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 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. 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 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 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 PC RESO NO. 7125 -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 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_________. 19. This project is being approved as a condominium permit for residential, office, and commercial retail ownership purposes. If any of the residential 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 the recordation of the first final 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). 21. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner an Outdoor Storage Plan, and thereafter comply with the approved plan. 22. Compact parking spaces shall be located in large groups, and in locations clearly marked to the satisfaction of the City Planner. 23. Developer shall construct, install, and stripe not less than 24 parking spaces, including one (1) accessible parking space, as shown on Exhibits “A – R”. 24. Prior to the approval of a final map, 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 (i.e., total of 4 units) in the amount in effect at the time, as established by City Council Resolution from time to time. 25. Prior to issuance of building permits, the Developer shall enter into a Parking In-Lieu Fee Participation Agreement and pay the established Parking In-Lieu Fee for 23 parking spaces. The fee shall be the sum total of the fee per parking space in effect at the time of the building permit issuance times the number of parking spaces needed to satisfy the project’s parking requirement (23 spaces total). 26. Prior to issuance of building permits, an acoustical analysis shall be completed by a registered acoustician which confirms that the project complies with interior noise standards of 45 dBA CNEL for residential land uses and 55 dBA CNEL for the professional office and retail land uses. . . . . . . PC RESO NO. 7125 -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 27. Prior to the issuance of building permits, the applicant shall submit a lighting plan for review and approval by the City Planner that includes: a. Lighting at the first floor of the building exterior along the street frontage; b. Exterior tree lighting; and c. Lighting consistent with the rendering presented for the project. 28. Prior to issuance of the building permit, the Traffic Engineer and City Planner shall determine if the placement of safety signage at the northeast corner of the building is warranted to alert pedestrians and vehicles regarding vehicles back-out of the parking stalls located within the building and adjacent to the Madison Street alley and Grand Avenue. If it is determined that signage is warranted, the building plans shall incorporate the appropriate signage, to the satisfaction of the Traffic Engineer and City Planner. Engineering: 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, grading permit or building permit whichever occurs first. General 29. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 30. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. 31. Developer shall submit to the city engineer an acceptable instrument, via CC&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, 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. 32. Developer shall prepare, submit and process for city engineer approval a final map to subdivide this project. There shall be one Final Map recorded for this project. Developer shall pay the city standard map review plan check fees. Fees/Agreements 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. PC RESO NO. 7125 -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 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. 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. 37. Developer shall cause property owner to execute and submit to the city engineer for recordation the city’s standard form Street Tree Maintenance Agreement. Grading 38. 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. 39. Developer acknowledges that, pursuant to Order No. R9-2013-0001 issued by the California Regional Water Quality Control Board, new storm water requirements become effective near the end of 2015, and likely affect the design of this project. Prior to construction, Developer shall demonstrate compliance with latest storm water requirements to the satisfaction of the city engineer. 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. This project is subject to ‘Priority Development Project’ requirements. Developer shall prepare and process a Storm Water Management Plan (SWMP), subject to city engineer approval, to demonstrate how this project meets new/current storm water treatment requirements per the city’s Standard Urban Storm Water Management Plan (SUSMP), latest version. In addition to new treatment control BMP selection criteria in the SUSMP, the developer shall use low impact development (site design) approaches to ensure that runoff from impervious areas (roofs, pavement, etc.) are drained through landscaped (pervious) areas prior to discharge. Developer shall pay all applicable SWMP plan review and inspection fees per the city’s latest fee schedule. PC RESO NO. 7125 -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 43. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc.) incorporate all source control, site design, treatment control BMP and Low Impact Design (LID) facilities. Dedications/Improvements 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. Developer 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, pedestrian ramp and driveway approach. B. Alley improvements. C. Sewer lateral, water service and water meter. 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. 46. All new, or upgraded dry utility appurtenances including, but not limited to, electrical transformers shall be located outside of the public right of way. 47. 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, pedestrian ramp and driveway approach. B. Alley improvements. C. Sewer lateral, water service and water meter. 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. 48. Signing and striping within the public right of way along the project frontage shall be shown on the improvement plans and shall be to the satisfaction of the city engineer. 49. Changes to the sidewalk elevations, sidewalk cross slope, curb grades and the cross slope of Grand Avenue along the project frontage shall be to the satisfaction of the city engineer. 50. Developer shall apply for an encroachment agreement for any private improvements within the public right of way. Improvements shall be to the satisfaction of the city engineer. PC RESO NO. 7125 -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 Non-Mapping Notes 51. 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. Curb, gutter, sidewalk, pedestrian ramp and driveway approach. 2. Alley improvements. 3. Sewer lateral, water service and water meter B. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. C. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans standards. D. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in 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 52. Developer shall meet with the fire marshal to determine fire protection measures (fire flows, fire hydrant locations, building sprinklers) required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the district engineer. 53. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 54. The developer shall design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning Department for processing and approval by the district engineer. 55. 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. 56. The developer shall install a 6” diameter sewer lateral and clean-out at a location approved by the city engineer. The locations of sewer lateral shall be reflected on public improvement plans or as directed by the city engineer. PC RESO NO. 7125 -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 57. Prior to using one potable water meter to serve a multi-ownership building, developer shall apply for and receive approval from the utilities director. Upon application for and good cause shown, the utilities director may allow a single potable water service connection and meter to a multi-ownership building within this subdivision provided: A. Developer shall record a deed restriction or other such document as approved by the public works director and general counsel placing future owners on notice that each and every residential or commercial/office unit is served by a single service connection and meter, and in the event that the water bill is not paid by the party or entity responsible for paying the monthly water service charges to CMWD for the respective building occupied by the multi-ownership , CMWD may at its direction shut off the water service to such multi-ownership building in accordance with CMWD adopted rules and regulations. B. Developer shall install a private sub-meter for each separately established residence or business within a multi-ownership building having a single potable water service connection and meter. If denied, developer shall revise all design drawings to provide separate potable water meters for each separately owned unit within this subdivision per district requirements. 58. The developer shall submit a detailed sewer study, prepared by a registered engineer, that identifies the peak flows of the project, required pipe sizes, depth of flow in pipe, velocity in the main lines, and the capacity of the existing infrastructure. Said study shall be submitted concurrently with the development plans for the project and the study shall be prepared to the satisfaction of the district engineer. Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 59. 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. 60. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 61. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 62. 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. 63. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 64. This tentative map shall expire two years from the date on which the City Council voted to approve this application. PC RESO NO. 7125 -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 65. 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. 66. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 67. Any signs proposed for this development shall at a minimum be designed in conformance with the Village Master Plan and Design Manual and shall require review and approval of the City Planner prior to installation of such signs. 68. Some improvements shown on the tentative map and/or required by these conditions are located offsite on property which neither the city nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The developer shall immediately initiate negotiations to acquire such property. The developer shall use its best efforts to effectuate negotiated acquisition. If unsuccessful, developer shall demonstrate to the city engineer its best efforts, and comply with the requirements of the Carlsbad Municipal Code Section 20.16.095 to notify and enable the city to successfully acquire said property by condemnation. 69. 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 and project site plan are for planning purposes only. 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. 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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on October 7, 2015, by the following vote, to wit: AYES: Chairperson Anderson, Commissioners Black, and Montgomery NOES: Commissioner L'Heureux ABSENT: Commissioners Segall and Siekmann ABSTAIN: ~~rk-wtW CARLSBAD PLANNING COMMISSION DON NEU City Planner PC RESO NO. 7125 -17-