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HomeMy WebLinkAbout2016-01-06; Planning Commission; Resolution 7144 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 PLANNED DEVELOPMENT PERMIT, SITE DEVELOPMENT PLAN, COASTAL DEVELOPMENT PERMIT, AND MINOR SUBDIVISION TO ALLOW FOR THE DEMOLITION OF A SINGLE-FAMILY HOME AND THE CONSTRUCTION OF A TWO-UNIT, DETACHED SINGLE-FAMILY RESIDENTIAL AIR-SPACE CONDOMINIUM DEVELOPMENT ON A .15 ACRE LOT ON PROPERTY GENERALLY LOCATED AT 3806 GARFIELD AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: GARFIELD CUSTOM BEACH HOMES CASE NO.: PUD 15-17/SDP 15-16/CDP 15-34/MS 15-11 WHEREAS, RREG Investments Series, LLC Series I019, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as Lot 1 in Block “M” of Palisades in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 1747, filed in the Office of the County Recorder of San Diego County, February 5, 1923 (“the Property”); and WHEREAS, said verified application constitutes a request for a Planned Development Permit as shown on Exhibits “A” – “U” dated January 6, 2016, on file in the Planning Division, PUD 15- 17/SDP 15-16/CDP 15-34/MS 15-11 – GARFIELD CUSTOM BEACH HOMES, as provided by Chapter 21.45 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on January 6, 2016, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Planned Development Permit, Site Development Plan, Coastal Development Permit and Minor Subdivision. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. PLANNING COMMISSION RESOLUTION NO. 7144 PC RESO NO. 7144 -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 B) That based on the evidence presented at the public hearing, the Commission APPROVES PUD 15-17/SDP 15-16/CDP 15-34/MS 15-11 – GARFIELD CUSTOM BEACH HOMES, based on the following findings and subject to the following conditions: Findings: PUD 15-17 1. The proposed project is consistent with the general plan, and complies with all applicable provisions of this chapter, and all other applicable provisions of the Carlsbad Municipal Code, in that the project is consistent with the General Plan, which allows for a mixture of residential uses, including condominiums, within the R-23 land use designation. Although the project’s density of 13.8 dwelling units per acre is below the minimum R-23 density of 15 du/ac, the two-unit, detached single-family residential air-space condominium project can be found consistent with the General Plan pursuant to CMC Section 21.53.230. The unit yield for the project (2 du) is 0.3 units below the minimum density yield (2.3 du). Pursuant to Carlsbad Municipal Code Section 21.53.230, unit yields with a fractional unit below 0.5 for the minimum density yield may be rounded-down. In addition, any unit yields rounded-down pursuant to this provision that result in a density below the minimum density of the applicable land use designation shall be considered consistent with the General Plan. In addition, 0.9 dwelling units will be deposited into the City’s Excess Dwelling Unit Bank. 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. 2. The proposed project will not be detrimental to existing uses, or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings, or traffic, in that the two-unit detached single-family residential air-space condominium development does not propose or require any variances from standards; is compatible with existing surrounding single-family residential and multiple-family uses as permitted by the Multiple-Family Residential (R-3) Zone; and does not create any traffic circulation impacts as Hemlock Avenue and Garfield Street are adequately designed to accommodate the additional 10 Average Daily Trips (ADT) being generated. 3. The project will not adversely affect the public health, safety, or general welfare, in that the three-unit detached single-family residential air-space condominium project has been designed to comply with all applicable development standards to ensure compatibility with surrounding single-family and multiple-family residential uses. 4. The project’s design, including architecture, streets, and site layout a) contributes to the community’s overall aesthetic quality, b) includes the use of harmonious materials and colors, and the appropriate use of landscaping, and c) achieves continuity among all elements of the project, in that the two-unit single-family residential air-space condominium development with its detached design represents an upgrade to the site and the surrounding neighborhood. The project proposed will have an overall contemporary beach architectural theme using simple rectangular massing and flat, shed and gable roofs. Each of the units are unique with its own individual design, color scheme, and floor plan. The homes use stucco as the primary building material and include design details which include wood beams, wood trellises, wood columns, wood “knee braces,” “eyebrow” roofs, and stainless steel cable PC RESO NO. 7144 -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 railings. Most of the roofs incorporate a 3:12 roof pitch and use composition shingles. All elements (i.e. site layout, architecture, landscaping) create continuity in the overall project design. 5. The project complies with City Council Policy No. 44 in that deviations from the policy are allowed if the intent and purpose for guideline number nine are met. The intent and purpose of guideline number nine are met by the project meeting the following goals: a. Visually interesting - The proposed homes provide covered first level porches, second story decks and third story balconies. All houses have a variety of materials consisting of colored stucco, wood beams, wood columns, wood trellises, wood knee braced, “eyebrow” roofs, and steel cable railing around the balconies. b. Sufficient building articulation to reduce bulk and mass - The second and third story balconies provide articulation. The third story living area is significantly reduced in size compared to the second story. Both of these features reduce the bulk and mass of the project. c. In scale their lot size - The project is permitted to have a lot coverage up to 60%. This project proposes a lot coverage of (51%). The project is in scale with the size of the lot. d. Strongly contribute to the creation of livable neighborhoods - The project site could accommodate up to three attached multi-family dwellings given the existing zoning (R-3) and General Plan Land Use (R-23). The project site is bordered to the north and west by a single-family home. There is a multi-family project to the east of the project site. By developing three detached single-family condominiums, the project blends into the existing area and provides future occupants with more privacy than an attached multi-family development. CDP 15-34 6. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the project site is designated for multi-family residential development, and the development consists of two detached single-family residential air- space condominiums; the development does not obstruct views of the coastline as seen from public lands or public right-of-ways or otherwise damage the visual beauty of the coastal zone; and no agricultural activities, sensitive resources, geological instability, or coastal access opportunities exist on the previously developed site. The subject site has an LCP Land Use Plan designation of R-23, which allows for a density of 15-23 du/acre and 19 du/acre at the Growth Management Control Point (GMCP). The project density of 13.8 du/acre is not consistent with the R-23 General Plan Land Use Designation. The unit yield for the project (2 du) is 0.3 units below the minimum density yield (2.3 du). Pursuant to Carlsbad Municipal Code Section 21.53.230, unit yields with a fractional unit below 0.5 for the minimum density yield may be rounded-down. In addition, any unit yields rounded-down pursuant to this provision that result in a density below the minimum density of the applicable land use designation shall be considered consistent with the General Plan. 7. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the project is not located adjacent to the shore and therefore the project will not interfere with the public’s right to physical access to the sea and the site is not suited for water-oriented recreational activities. PC RESO NO. 7144 -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 8. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the 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. No steep slopes or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 9. The project is not located between the sea and the first public road parallel to the sea, and therefore, is not subject to the provision of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance). SDP 15-16 10. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the project consists of the demolition of one single-family home and the construction of two detached, single-family residential air-space condominiums on a 0.15 acre infill site located at 3068 Garfield Street on the southeast corner of Garfield Street and Hemlock Avenue. The site is predominately surrounded by existing single-family and multiple-family residential developments. 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 two- 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, two-family residential is a use permitted within the Multiple-Family Residential (R-3) Zone. The two-unit detached 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 additional 10 Average Daily Trips (ADT) generated by the project; the project complies with all minimum development standards of the Carlsbad Municipal Code, including but not limited to the R-3 Zone, Beach Area Overlay Zone (BAOZ), and the Planned Development Ordinance; and the project is adequately parked onsite and does not result in any environmental impacts. 11. That the site for the intended use is adequate in size and shape to accommodate the use, in that the two-unit detached single-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 (R-3) Zone, the Beach Area Overlay Zone (BAOZ), and the Planned Development Ordinance as demonstrated in the project staff report. 12. 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 two-unit detached single- family residential air-space condominium development 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 located between each unit, including the front setback areas along Garfield Street and Hemlock Avenue will be provided consistent with the requirements of the city’s Landscape Manual. PC RESO NO. 7144 -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 13. That the street systems serving the proposed use are adequate to properly handle all traffic generated by the proposed use, in that the two-unit detached single-family residential air- space condominium project will take access off of Hemlock Avenue, which is identified as a local street, and is designed to adequately handle the 10 Average Daily Trips (ADT) generated by the project. All public facilities including curb, gutter and sidewalk are conditioned to be built along the property frontage. Minor Subdivision (MS 15-11) 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 two-unit detached single- family residential air-space condominium development created through the minor subdivision satisfies 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 R-23 Residential General Plan Land Use designation. 15. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for R-23 Residential density development on the General Plan and are developed with single-family and multiple-family residential units with 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 three-unit detached single-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 two-unit detached single-family residential air-space condominium development 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. PC RESO NO. 7144 -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 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 two-unit detached single-family residential air-space condominium development site has been previously developed with a single-family home and is surrounded by existing development to the south, north, east and west. 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 two-unit detached single- family residential air-space condominium development 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 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 January 6, 2016 including, but not limited to the following: a) Land Use – The project is consistent with the City’s Residential High Density (R-23) General Plan Land Use designation for the property. The R-23 Land Use designation allows single-family and multi-family residential development within a density range of 15 – 23 dwelling units per acre (du/ac) with a Growth Management Control Point (GMCP) of 19 dwelling units per acre (du/ac). The project site has a net developable area of 0.15 acres. The project proposes to construct two dwelling units on the project site which is 0.3 units below the minimum density yield and 0.9 units below the Growth Management Control Point. The resulting density is 13.8 du/ac. Pursuant to Carlsbad Municipal Code Section 21.53.230, unit yields with a fractional unit below 0.5 for the minimum density yield may be rounded-down. In addition, any unit yields rounded-down pursuant to this provision that result in a density below the minimum density of the applicable land use designation shall be considered consistent with the General Plan. This project will deposit 0.9 dwelling units into the Dwelling Unit Bank; these excess dwelling units are available for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and there are adequate properties identified in the Housing Element allowing residential development with a unit capacity adequate to satisfy the City’s share of the regional housing need consistent with City Council Policy 64. b) Circulation – The project will take access off of Hemlock Avenue. 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 consists of two single-family dwelling units and therefore a noise study is not required. However, the project has been conditioned to meet a 45 dB(a) CNEL interior noise level when openings to the exterior of the residence are open or closed. If openings are required to be closed to meet the interior noise standard, then mechanical ventilation shall be provided. PC RESO NO. 7144 -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 d) Housing – The two-unit detached single-family residential air-space condominium development 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 for one unit. The affordable housing in-lieu fee for one unit will be required, and will only be required for two units will if the replacement unit is not constructed within 2 years of the existing unit being demolished. e) Public Safety – The two-unit detached single-family residential air-space condominium development 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. 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. 25. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 26. 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. 27. 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. PC RESO NO. 7144 -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 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Planned Development Permit, Site Development Plan, Coastal Development Permit, and Minor Subdivision. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Planned Development Permit, Site Development Plan, Coastal Development Permit, and Minor Subdivision documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code 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 Planned Development Permit, Site Development Plan, Coastal Development Permit, and Minor Subdivision, (b) City’s approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 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. 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. PC RESO NO. 7144 -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 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. Prior to the issuance of the building permit, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Planned Development Permit, Site Development Plan, Coastal Development Permit, and Minor Subdivision by Resolution No. 7144 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 13. 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. 14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Division and accompanied by the project’s building, improvement, and grading plans. 15. 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: PC RESO NO. 7144 -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 a. General Enforcement by the City. The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. b. Notice and Amendment. A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. c. Failure of Association to Maintain Common Area Lots and Easements. In the event that the Association fails to maintain the “Common Area Lots and/or the Association’s Easements” as provided in Article , Section the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association’s Easements within the period specified by the City’s notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. d. Special Assessments Levied by the City. In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association’s Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association’s Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal pro rata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. e. Landscape Maintenance Responsibilities. The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit ____________. f. Balconies, trellis, and decks. The individual lot or unit owner allowances and prohibitions regarding balconies, trellis, and decks shall be as set forth in Exhibit __________. PC RESO NO. 7144 -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 16. The developer shall pay to the city an inclusionary housing in lieu fee as an individual fee on a per market rate dwelling unit (one) basis in the amount in effect at the time, as established by City Council Resolution from time to time. If building permits are not applied for within two years of demolishing the existing unit, then the inclusionary housing in lieu fee will be paid for two units. 17. Prior to issuance of building permits, the Developer shall submit to the City Planner a recorded copy of the Condominium Plan filed with the Bureau of Real Estate which is in conformance with the City-approved documents and exhibits. 18. 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. 19. 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. 20. 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, or inside each unit, stating the fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. 21. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the City Planner, in the sales office or inside each unit, 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. 22. Developer shall post a sign in the sales office, or inside each unit, in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. 23. 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. 24. Developer shall submit and obtain City Planner approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. PC RESO NO. 7144 -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 25. Developer shall submit to the Building Division a mechanical ventilation plan for each unit prior to issuance of a building permit to demonstrate that the final project design meets a 45 dB(a) CNEL interior noise level. Mechanical ventilation for each unit shall be shown on the plans submitted for building permit. A statement certifying that the required features have been incorporated into the building plans, signed by the acoustical analyst/acoustician shall be located on the building plans. 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 parcel map, building or grading permit whichever occurs first. General 26. 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. 27. 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. 28. Developer shall submit to the city planner, a reproducible 24" x 36", mylar copy of the Site Plan and conceptual grading plan reflecting the conditions approved by the final decision making body. The reproducible shall be submitted to the city planner, reviewed and, if acceptable, signed by the city's project engineer and project planner prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first. 29. Developer shall submit to the city engineer an acceptable instrument, via CC&Rs and/or other recorded document, addressing the maintenance, repair, and replacement of shared private improvements within this subdivision, including but not limited to private utilities, 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. 30. Developer shall prepare, submit and process for city engineer approval a parcel map to subdivide this project. There shall be one parcel map recorded for this project. Developer shall pay the city standard map review plan check fees. 31. 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 32. 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. 33. 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. 7144 -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 34. 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 35. 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. 36. 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. 37. 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. 38. 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 39. Developer shall cause owner to dedicate to the city and/or other appropriate entities for the public street & public utility at the northwest corner of the property and a separate easement for pedestrian access purposes over the public sidewalk as shown on the tentative map. The offer shall be made by a certificate on the parcel map or separate recorded document. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Streets that are already public are not required to be rededicated. Additional easements may be required at final design to the satisfaction of the city engineer. 40. Developer shall design all proposed public improvements including but not limited to sewer laterals, driveways, sidewalk, water services/meters, curb drains, etc. as shown on the tentative map. These improvements shall be shown on one of the following, subject to city engineer approval: PC RESO NO. 7144 -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 A. Grading plans processed in conjunction with this project; or B. Construction Revision to an existing record public improvement drawing. Developer shall pay plan check and inspection fees using improvement valuations in accordance with the city’s current fee schedule. Developer shall apply for and obtain a right-of-way permit prior to performing work in the city right-of-way. Non-Mapping Notes 41. Add the following notes to the parcel map as non-mapping data: A. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. B. Geotechnical Caution: 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. 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 42. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 43. 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. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 44. This tentative map shall expire two years from the date on which the planning commission voted to approve this application. 45. 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. PC RESO NO. 7144 -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. 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. 47. 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. 48. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 49. 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. 50. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 51. 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. 52. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 53. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 54. 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. 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. . . . . . . . . . . . . . . . . . .