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HomeMy WebLinkAbout2017-04-19; Planning Commission; Resolution 7233 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 SITE DEVELOPMENT PLAN SDP 15-18, COASTAL DEVELOPMENT PERMIT CDP 16-04 AND MINOR SUBDIVISION MS 16-01 TO ALLOW FOR THE DEMOLITION OF 44 RESIDENTIAL UNITS AND THE CONSTRUCTION OF A 93-UNIT APARTMENT (92 AFFORDABLE UNITS) DEVELOPMENT, INCLUDING DEVELOPMENT STANDARDS MODIFICATIONS, AND A STREET VACATION FOR A PORTION OF HARDING STREET NEAR THE INTERSECTION OF CAROL PLACE, IN THE RESIDENTIAL-DENSITY MULTIPLE ZONE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: PACIFIC WIND CASE NO.: SDP 15-18/CDP 16-04/MS 16-01 (DEV 15-058) WHEREAS, Harding Street Neighbors, LP, “Owner/Developer,” has filed a verified application with the City of Carlsbad regarding property described as PARCEL A: LOTS 1 TO 9, INCLUSIVE, 11 TO 13 INCLUSIVE, AND 24 TO 33 INCLUSIVE, OF PALM VISTA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 2969, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 16, 1953. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 13 OF PALM VISTA, ACCORDING TO MAP THEREOF NO. 2969; THENCE ALONG THE EASTERLY LINE OF SAID LOT 13, SOUTH 19°17'11” EAST 161.15 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 13, SAID POINT BEING ALSO THE EASTERLY CORNER OF SAID LOT 14; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 14, SOUTH 61°51'52” WEST 68.06 FEET; THENCE NORTH 08°26'25” WEST 42.85 FEET; THENCE NORTH 14°49'18” WEST 95.30 FEET; THENCE NORTH 25°13'44” WEST 26.19 FEET TO A POINT IN THE NORTHWESTERLY LINE OF SAID LOT 13, SAID POINT BEARS SOUTH 61°51'52” WEST 55.14 FEET FROM SAID MOST NORTHERLY CORNER; THENCE ALONG SAID NORTHWESTERLY LINE NORTH 61°51'52” EAST 55.14 FEET TO THE POINT OF BEGINNING. FURTHER EXCEPTING THEREFROM, THOSE PORTIONS OF LOTS 8, 9, 11 AND 12 AS CONVEYED TO THE STATE OF CALIFORNIA FOR HIGHWAY PURPOSES AS DESCRIBED IN DEED RECORDED AUGUST 24, 1967 AS FILE NO. 127829 OF OFFICIAL RECORDS OF SAID COUNTY. APN(s): 204-292-01 (LOT 1); 204-292-02-00 (LOT 2); 204-292-10-00 (LOT 3); 204-292-11-00 (LOT 4); 204-292-12-00 (LOT 5); 204-292-13-00 (LOT 6); 204-292-14-00 (LOT 7); 204-292-17-00 (LOT 8); 204-292-18-00 (LOT 9); 204-292-20-00 (LOT 11); 204-292-21-00 (LOT 12); 204-292-22-00 (LOT 13); 204-291-27-00 (LOT 24); 204-291-26-00 (LOT 25); 204-291-25-00 (LOT 26); 204-291-24-00 (LOT 27); PLANNING COMMISSION RESOLUTION NO. 7233 PC RESO NO. 7233 -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 28 204-291-23-00 (LOT 28); 204-291-19-00 (LOT 29); 204-291-20-00 (LOT 30); 204-291-21-00 (LOT 31); 204-291-22-00 (LOT 32); 204-291-14-00 (LOT 33) PARCEL B: THAT PORTION OF LOT 236 OF THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LINE OF MAGNOLIA AVENUE, DISTANT THEREON SOUTH 61°21' WEST, 446.86 FEET FROM ITS INTERSECTION WITH THE CENTER LINE OF ADAMS STREET, SAID POINT OF BEGINNING BEING THE MOST WESTERLY CORNER OF THE LAND CONVEYED BY THE SOUTH COAST LAND COMPANY TO DEAN F. PALMER, BY DEED DATED MAY 5, 1927, AND RECORDED IN BOOK 1335, PAGE 384 OF DEEDS, RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTHWESTERLY LINE OF THE LAND AS CONVEYED TO SAID PALMER AND THE SOUTHEASTERLY PROLONGATION OF SAID LINE, SOUTH 28°39' EAST, A DISTANCE OF 487.47 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE NORTHEASTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF THE LAND CONVEYED BY SOUTH COAST LAND COMPANY TO LAURA JONES BY DEED DATED MAY 14, 1929, AND RECORDED IN BOOK 1629, PAGE 431 OF DEEDS, RECORDS OF SAID COUNTY; THENCE ALONG SAID PROLONGATION AND THE NORTHWESTERLY LINE OF THE LAND SO CONVEYED TO SAID JONES, SOUTH 61°21' WEST, A DISTANCE OF 536.38 FEET, MORE OR LESS, TO A POINT ON THE NORTHEASTERLY LINE OF THE LAND CONVEYED BY SOUTH COAST LAND COMPANY TO P.J. WHELDON AND MARY H. WHELDON BY DEED DATED JULY 7, 1926, AND RECORDED IN BOOK 1180, PAGE 463 OF DEEDS, RECORDS OF SAID COUNTY; THENCE ALONG THE SAID NORTHEASTERLY LINE OF THE LAND SO CONVEYED TO SAID WHELDON AND ALONG THE NORTHWESTERLY PROLONGATION THEREOF, NORTH 28°39' WEST, A DISTANCE OF 487.47 FEET, MORE OR LESS, TO A POINT ON THE CENTER LINE OF MAGNOLIA AVENUE; THENCE ALONG SAID CENTER LINE NORTH 61°21' EAST, A DISTANCE OF 536.38 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT IN THE NORTHWESTERLY BOUNDARY OF LOT 8 OF PALM VISTA, ACCORDING TO THE MAP THEREOF NO. 2969, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 16, 1953, SAID POINT BEARS SOUTH 61°58'46” WEST, 71.99 FEET FROM THE MOST NORTHERLY CORNER OF SAID LOT 8; THENCE (1) NORTH 22°36'42” WEST, 359.22 FEET; THENCE (2) NORTH 18°34'28” WEST, 131.94 FEET TO A POINT IN THE CENTER LINE OF MAGNOLIA AVENUE, LAST SAID POINT BEARS NORTH 61°54'01” EAST, 162.74 FEET FROM THE INTERSECTION OF SAID CENTER LINE AN THE CENTER LINE OF HARDING STREET, FORMERLY 5TH STREET, AS SAID STREET IS PC RESO NO. 7233 -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 SHOWN ON THE RESUBDIVISION OF A PORTION OF ALLES AVOCADO ACRES, ACCORDING TO THE MAP THEREOF NO. 2027, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 17, 1927. APN(s): 204-292-16-00 PARCEL E: LOT 10 OF PALM VISTA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2969, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 16, 1953. EXCEPT THEREFROM THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA, PER GRANT DEED RECORDED MAY 9, 1967, AS INSTRUMENT NO. 64674, OFFICIAL RECORDS APN(s): 204-292-19-0 (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Development Plan, Coastal Development Permit, and Minor Subdivision as shown on Exhibits “A” – “RR” dated April 5, 2017, on file in the Planning Division, SDP 15-18/CDP 16-04/MS 16-01 – PACIFIC WIND as provided by Chapter 21.06, Chapter 21.53.120, Chapter 21.201.030, Chapter 20.24, and Chapter 20.28 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on April 5, 2017 and April 19, 2017, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Site Development Plan, Coastal Development Permit, and Minor Subdivision. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES SDP 15-18/CDP 16-04/MS 16-01 – PACIFIC WIND based on the following findings and subject to the following conditions: PC RESO NO. 7233 -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 Findings: Site Development Plan (SDP 15-18) 1. 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 April 5, 2017 including, but not limited to the following: A. Land Use Goal 2-G.3: Promote infill development that makes efficient use of limited land supply, while ensuring compatibility and integration with existing uses. Ensure that infill properties develop with uses and development intensities supporting a cohesive development pattern. The applicant is proposing to redevelop an infill site in the Barrio that is underutilized as it relates to density. The Barrio is an appropriate location for dense development because of its connection to commercial services in the Village, as well as easy access to nearby public transit and Interstate 5. The project site is identified in Figure 10-1 (Housing Element Sites Inventory) of the General Plan as an underutilized site for lower and moderate income housing. Further, the project falls within the density range (23 du/ac – 30 du/ac) for the R-30 General Plan Land Use designation and is consistent with the development standards of the RD-M zone. B. Housing Goal 10-G.3: Sufficient new, affordable housing opportunities in all quadrants of the city to meet the needs of current lower and moderate income households and those with special needs, and a fair share proportion of future lower and moderate income households. Housing Policy 10-P.19: Address the unmet needs of the community through new development and housing that is set aside for lower and moderate income households consistent with priorities set by the Housing and Neighborhood Services Division, and as set forth in the city’s Consolidated Plan. The proposed project will provide 92 affordable housing units dedicated to low income households. Low-income is defined as households that earn 80 percent of the median income for the area. Income limits are adjusted for household size so that larger families may have higher income limits. C. Housing Policy 10-P.20: Encourage the development of an adequate number of housing units suitably sized to meet the needs of lower and moderate income larger households. The proposed affordable apartment project will provide 92 affordable apartments dedicated towards low-income households, with 18 two-bedroom units and 54 three-bedroom units being provided, which constitutes 77.4% of the total units. The larger units will meet the needs of larger household sizes. D. Mobility Goal 3-G.5: Implement transportation demand and traffic signal techniques to improve mobility. Mobility Policy 3-P.5: Require developers to construct or pay their fair share towards improvements for all travel modes consistent with the Mobility Element, the Growth Management Plan, and specific impacts associated with their development. Mobility Policy 3-P.8: Utilize transportation management strategies, non-automotive enhancements (bicycle, pedestrian, transit, train, trails, and connectivity), and traffic signal management techniques as long-term transportation solutions and traffic mitigation measures to carry out the Carlsbad Community Vision. The applicant will be required to pay traffic impact fees prior to issuance of building permit that will go towards future road improvements. Additionally, the developer is required to pay a fair share contribution of the total design and construction cost to modify the traffic signal and related pavement striping at the intersection of Jefferson Street and Tamarack Avenue to convert the signal to eight phases with protected left turns in northbound and southbound directions on Jefferson Street. PC RESO NO. 7233 -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 E. Mobility Policy 3-P.26: Identify and implement necessary pedestrian improvements on streets where pedestrians are to be accommodated per Table 3-1, with special emphasis on providing safer access to schools, parks, community recreation centers, shopping districts, and other appropriate facilities. Mobility Policy 3-P.32: Require developers to improve pedestrian and bicycle connectivity with the city’s bicycle and pedestrian master plans and trails master planning efforts. In addition, new residential developments should demonstrate that a safe route to school and transit is provided to nearby schools and transit stations within a half mile walking distance. The project has been conditioned to: (1) Provide pedestrian and bicycle improvements on Jefferson Street, including the replacement of the striped crosswalk on Jefferson Street at the intersection of Carol Place and Jefferson Street with a raised crosswalk approved by a Certified Access Specialist (CASp), (2) Install bike route signage for a Class III bikeway route consistent with the City of Carlsbad Bikeway Master Plan on Jefferson Street between Anchor Way and Tamarack Avenue, (3) Upgrade as needed, the pedestrian ramps at the northerly end of Harding Street and the westerly end of Carol Place to current American Disability Act (ADA) standards, all subject to approval by a Certified Access Specialist (CASp). F. Public Safety Policy 6-P.28: Encourage physical planning and community design practices that deter crime and promote safety. The project has been designed to prevent crime and has incorporated design review recommendations from the Police Department. For example, fencing and walls are used around the perimeter of the property to discourage access to unmonitored areas and to define and outline the property. Also, the parking area will be gated and secured 24 hours a day. G. Noise Goal 5-G.2: Ensure that new development is compatible with the noise environment, by continuing to use potential noise exposure as a criterion in land use planning. Noise Policy 5.P.2: Require a noise study analysis be conducted for all discretionary development proposals located where projected noise exposure would be other than “normally acceptable.” A noise analysis was prepared by BridgeNet International (September 4, 2015) and determined that a Sound Transmission Class (STC) rating of 40 will be needed for the glass window assemblies in buildings two through six. 2. That the requested development or use is properly related to the site, surroundings and environmental settings, will not be detrimental to existing development or uses or to development or uses specifically permitted in the area in which the proposed development or use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the project site is located within an urbanized area and involves the redevelopment of a infill lot which is located in close proximity to commercial/retail services, professional offices, social and community services, and public transportation. The proposed 93-unit multi-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 multi-family residential is a use permitted within the Residential-Density Multiple (RD-M) Zone and is compatible with other residential uses surrounding the project site. The proposed project density of 23 dwelling units per acre is within the density range (23 du/ac – 30 du/ac) for the R-30 General Plan Land Use designation and the development meets the development standards for the RD-M zone. According to the traffic study prepared by Urban Crossroads (November 29, 2016) the abandonment of Harding street will have a nominal impact to the traffic on Jefferson Street. Traffic counts were conducted on Harding Street and Carol Place to determine cut-through vehicular traffic between Magnolia Avenue and Jefferson Street, 24 hours a day, for a week straight (November 1, 2016 – November 7, 2016) when Jefferson Elementary School was in session. It was found that an average of 171 vehicles per day would be rerouted to Jefferson Street, which represents approximately 2.3% PC RESO NO. 7233 -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 of the overall traffic on Jefferson Street. Additionally, the rerouting of the traffic was evaluated in the peak hour intersection analysis and the intersection of Jefferson Street and Magnolia Avenue was found to operate at acceptable levels of service. 3. That the site for the intended development or use is adequate in size and shape to accommodate the use, in that the 93-unit apartment project complies with the development standards of the Residential-Density Multiple (RD-M) Zone and Carlsbad Municipal Code, except for a requested development standard modification to allow a reduction in the required number of parking spaces. Justification for allowing the development standard modification is further discussed in finding number six of this resolution. 4. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested development or use to existing or permitted future development or use in the neighborhood will be provided and maintained, in that the 93-unit apartment project complies with all of the minimum development standards of the Residential-Density-Multiple (RD-M) Zone and the Carlsbad Municipal Code, except for a requested development standard modification to allow a reduction in the required number of parking spaces. Justification for allowing the development standard modification is further discussed in finding number six of this resolution. Landscaping throughout the project site will be provided consistent with the requirements of the city’s Landscape Manual. 5. That the street systems serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use, in that the 93-unit apartment project will take access via Harding Street on Magnolia Avenue and Carol Place on Jefferson Street. According to a traffic study prepared by Urban Crossroads (November 29, 2016), all of the study area intersections were found to operate at an acceptable level of service (LOS) during one or both the AM and PM peak hours. As the project is located across the street to Jefferson Elementary School, the AM (7-9 AM) and PM (2-4 PM) were chosen to reflect school drop-off and pick-up times. Furthermore, the intersection analysis results indicates that the addition of project traffic is not anticipated to result in an LOS deficiency. Therefore, the surrounding streets and intersections are designed to adequately handle the 206 Average Daily Trips (ADT) generated by the project and the daily average of 171 vehicles added to Jefferson Street as a result of the Harding Street abandonment. 6. That with the application of the development standard modification, 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. A development standard modification is appropriate for the site in that: A. The proposal to reduce the required parking spaces from 199 to 165 is supported by the project’s proximity to goods and services as well as public transit. Studies acknowledge that affordable housing in close proximity to transit and services are candidates for a lesser parking demand. The project applicant is an affordable housing developer and manager that has other properties and experience with onsite parking demand. That experience has shown that the absence of guest parking spaces onsite at a rate of one per four dwellings is not a demand that needs to be satisfied. The developer has submitted a parking summary showing the parking utilization for properties they own throughout Southern California. That summary found that an average parking rate of .64 spaces per one-bedroom unit, 1.41 spaces per two- bedroom unit, and 1.81 per three-bedroom unit is needed. Based off these numbers, 137 parking spaces would be required of the proposed development. Moreover, parking is managed at the properties in such a way that each unit is assigned a parking permit to park one vehicle, and based upon need, a second parking permit can be assigned for a two- PC RESO NO. 7233 -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 bedroom or three-bedroom unit. The developer has found that not every one bedroom unit utilizes a parking permit, and not every two-bedroom and three-bedroom unit utilizes two parking permits. The excess parking that is not used through the permit system becomes available as guest parking. The parking summary is attached to the staff report for reference. Additionally, parking studies were conducted by Linscott, Law, and Greenspan Engineers at similar affordable housing developments (Glen Ridge Apartments and Hunter’s Point Apartments) for the Quarry Creek affordable housing development what was approved with a parking reduction on March 16, 2016. That parking study found that the Hunter’s Pointe property had 197 spaces occupied out of the 378 parking spaces at the peak parking time at 9:00 P.M. on a Monday evening with a parking rate of 1.17 spaces per unit. The parking study for the Glen Ridge apartments indicates that at the peak parking time on a Sunday at 9:00 P.M., 124 spaces out of 150 were occupied with a parking rate of 1.59 spaces per unit. Using the parking rate for Hunter’s Pointe, 109 parking spaces would be required of the project, and 148 would be required using the parking rate for Glen Ridge. The parking studies are attached to the staff report for reference. The City of San Diego published an Affordable Housing Parking Study (WilburSmith Associates) in December 2011, for use in developing a regulatory framework for parking requirements in affordable housing developments. Field observations were conducted at 21 sites, and a parking model was developed based upon the findings in the analysis. It was recommended that the parking model be used to create a look-up table of new affordable housing parking requirements. The parking requirements were determined based on the type of affordable housing and its context regarding transit availability and walkability. The parking model has three parking rates; low, medium, and high. The low parking rate would be a location in a more suburban setting that isn’t walkable and not accessible to transit. The high rate would be a setting in an urban location that is walkable with access to transit. Taking the conservative approach and using the low parking rate, the proposed project would require 158 parking spaces using the parking model in the study. The parking model is attached to the staff report for reference. Further, although a density bonus has not been requested, the parking ratios for housing developments identified in Table E of the Density Bonus ordinance are the same as the developer is proposing (165 spaces) for this affordable apartment project. The project does qualify for a density bonus if it were to be requested by the developer. Table F of the staff report summarizes the parking rates and requirements using the above-mentioned sources. A standards modification for reduced parking is supported by the city’s Housing Policy Team. 7. That the proposed project helps achieve the city’s affordable housing goals as set forth in the Housing Element of the General Plan by providing an affordable apartment project with 92 of the 93 units designated as affordable to very low and extremely low income households. Per the Regional Housing Needs Assessment (RHNA), the City of Carlsbad is expected to produce 912 housing units for very low income households for the reporting period of January 1, 2010 to December 31, 2020. As of the latest Housing Element Progress Report for 2015, 35 units for low income households have been permitted with 877 units remaining. The proposed 92-unit affordable apartment units will reduce the amount of remaining units and help the city achieve its affordable housing goals. 8. That the Housing Policy Team has reviewed the applicant’s pro forma and has recommended that the parking reduction is necessary to make the project feasible and to allow the project to be developed to satisfy the City’s need to provide housing which is affordable to low-income households. PC RESO NO. 7233 -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 Coastal Development Permit (CDP 16-04) 9. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the proposed building will not obstruct views of the coastline as seen from public lands or the public right of way or otherwise damage the visual beauty of the coastal zone. The project is consistent with the surrounding development of residential buildings. No agricultural uses currently exist on the site, and the property is not within the Coastal Agricultural Overlay Zone that would require mitigation for conversion to urban uses. There are no sensitive coastal resources within the property and the site is not located in an area of known geologic instability or flood hazard. 10. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that no public opportunities for coastal shoreline access are available from the subject site and no public access requirements are conditioned for the project since it is not located between the first public road and the ocean. The residentially designated site is not suited for water-oriented recreation activities. 11. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants, and soil erosion. No 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. Minor Subdivision (MS 16-01) 12. 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 project implements the goals and policies of the General Plan as discussed in finding number one of this resolution; is consistent with all minimum requirements of Titles 20 and 21 governing lot size and configuration; and has been designed to comply with all applicable city regulations. 13. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development on the General Plan and are designated with a similar density of 23-30 dwelling units per acre. 14. 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 minimum development standards and design criteria required by the applicable zoning ordinances are incorporated into the project except for a requested development standards modification to allow a reduction in the required number of parking spaces. Justification for allowing the development standards modification is further discussed in finding number six of this resolution. 15. 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. 7233 -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 16. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 17. 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 units are designed to allow for solar exposure and take advantage of prevailing breezes. 18. 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 and that the proposed housing can be adequately served by the existing public services and no new facilities are required. 19. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the project site has been previously developed and does not contain and sensitive resources of habitat. 20. 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. General 21. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 22. 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 exempt from the requirement for preparation of environmental documents pursuant to Sections 21159.21 and 21159.23 of the California Public Resources Code (“CEQA) and the implementing guidelines at Section 15194 of the State CEQA Guidelines as an affordable housing project. In making this determination, the City Planner has found that the criteria listed in Section 15192 of the State CEQA Guidelines have been met. Section 15194 states that CEQA does not apply to any development project that meets specific criteria. Each of the criteria set forth in Section 15194 is set out below and an explanation provided demonstrating how the project meets and satisfies the criteria. The criteria set out in Section 15194 are the same criteria set forth in CEQA Section 21159.23 and the findings set forth herein satisfy both Section 15194 of the CEQA Guidelines and CEQA Section 21159.23. (a) The project meets the threshold criteria set forth in [CEQA Guidelines] section 15192. The Section 15192 analysis is provided at the end of this discussion. (b) The project meets the following size criteria: the project site is not more than five acres in area. Finding: The project site is 4.04 acres in size. PC RESO NO. 7233 -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 (c) The project meets both of the following requirements regarding location: (1) The project meets one of the following location requirements relating to population density: A. The project site is located within an urbanized area or within a census-defined place with a population density of at least 5,000 persons per square mile. B. If the project consists of 50 or fewer units, the project site is located within an incorporated city with a population density of at least 2,500 persons per square mile and a total population of at least 25,000 persons. C. The project is located within either an incorporated city or a census defined place with a population density of at least 1,000 persons per square mile and there is no reasonable possibility that the project would have a significant effect on the environment or the residents of the project due to unusual circumstances or due to the related or cumulative impacts of reasonably foreseeable projects in the vicinity of the project. Finding: The project is located in the City of Carlsbad in an urbanized, developed area and falls within the population density described in Section (c)(1)(C). The Project proposes the replacement of existing residences with new multi-family residences. The City has reviewed a Focused Traffic Impact Analysis and has concluded that project presents no significant impacts. The City has not identified any unusual circumstances or cumulative impacts that would result in significant impacts. Although the Project proposes the vacation of a portion of Harding Street, the City has reviewed a circulation study that examines the impact of the proposed vacation and determined that no adverse impacts would result to traffic circulation or parking. (2) The project meets one of the following site-specific location requirements: A. The project site has been previously developed for qualified urban uses; or B. The parcels immediately adjacent to the project site are developed with qualified urban uses. C. The project site has not been developed for urban uses and all of the following conditions are met: 1. No parcel within the site has been created within 10 years prior to the proposed development of the site. 2. At least 75 percent of the perimeter of the site adjoins parcels that are developed with qualified urban uses. 3. The existing remaining 25 percent of the perimeter of the site adjoins parcels that have previously been developed for qualified urban uses. Finding: “Qualified urban use” means any residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses (CEQA Guidelines Section 15191(k)). The project satisfies criteria (2)(A) because the project site is currently developed with residential uses which is a “qualified urban use.” The project also satisfies criteria (2)(B) because the immediately adjacent parcels to the project site are developed residential uses and a school, both of which are considered “qualified urban uses.” D. The project meets both of the following requirements regarding provision of affordable housing. PC RESO NO. 7233 -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 1. The project consists of the construction, conversion, or use of residential housing consisting of 100 or fewer units that are affordable to low-income households. 2. The developer of the project provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of the housing units for lower income households for a period of at least 30 years, at monthly housing costs deemed to be “affordable rent” for lower income, very low income, and extremely low income households, as determined pursuant to Section 50053 of the Health and Safety Code. Finding: The Project consists of the construction of 92 units of affordable residential housing that will be made available to low-income households. The development includes a unit for the project’s resident managers. The project will be restricted to lower income households for a period of 55 years by the Affordable Housing Agreement as well as the California Tax Credit Allocation Committee and will be developed consistent with the City regulatory agreement for this affordable housing development. Section 15192 Compliance CEQA Guidelines Section 15192 sets forth additional criteria which must be met for a project to be exempt from CEQA. These criteria are the same as those set forth in CEQA Section 21159.21, and the finding set forth herein satisfy the requirement of both CEQA Section 21159.21 and CEQA Guidelines Section 15192. In order to qualify for an exemption set forth in sections 15193, 15194 or 15195, a housing project must meet all of the threshold criteria set forth below. (a) The project must be consistent with: (1) Any applicable general plan, specific plan, or local coastal program, including any mitigation measures required by such plan or program, as that plan or program existed on the date that the application for the project pursuant to Section 65943 of the Government Code was deemed complete; and Finding: The project site is designated “R-30, Residential 23-30 du/ac” in the City’s General Plan and Local Coastal Program. The project’s density is 23 du/acre and is consistent with the General Plan and Local Coastal Program. (2) Any applicable zoning ordinance, as that zoning ordinance existed on the date that the application for the project pursuant to Section 65943 of the Government Code was deemed complete, unless the zoning of project property is inconsistent with the general plan because the project property has not been rezoned to conform to the general plan. Finding: The project site is designated RD-M, Residential Density – Multiple and is consistent with the development standards set forth in the Section 21.24 of the Carlsbad Zoning Code. (b) Community-level environmental review has been adopted or certified. Finding: In accordance with CEQA Guidelines Section 15191(c)(1), “Community-level environmental review” includes an EIR certified on a lead agency’s General Plan. The City conducted a comprehensive General Plan update in 2015 and certified an environmental impact report in connection with the General Plan update. The project is consistent with the land uses set forth in the General Plan. The process of revising the General Plan began nearly eight years ago, including a two-year public involvement process called Envision Carlsbad. Envision Carlsbad PC RESO NO. 7233 -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 was an extensive community visioning and outreach effort that involved more than 8,000 residents, 100 community groups and organizations, scores of business owners and elected officials and city staff members. (c) The project and other projects approved prior to the approval of the project can be adequately served by existing utilities, and the project applicant has paid, or has committed to pay, all applicable in-lieu or development fees. Finding: The project site is in an urbanized area already developed with residential uses served by existing utilities which are sufficient to serve the proposed project. Any development fees for utility connections will be paid by the project applicant, if required by the City. (d) The site of the project: (1) Does not contain wetlands, as defined in Section 328.3 of Title 33 of the Code of Federal Regulations. Finding: The project site is in an urbanized area already developed with residential uses and adjacent to a school. No wetlands are present on the project site. (2) Does not have any value as an ecological community upon which wild animals, birds, plants, fish, amphibians, and invertebrates depend for their conservation and protection. Finding: The project site is in an urbanized area already developed with residential uses and adjacent to a school. It does not provide wildlife habitat. (3) Does not harm any species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) or by the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code. Finding: The project site is in an urbanized area already developed with residential uses and adjacent to a school. The project site does not provide habitat for any listed or protected species. (4) Does not cause the destruction or removal of any species protected by a local ordinance in effect at the time the application for the project was deemed complete. Finding: The project site is in an urbanized area already developed with residential uses and adjacent to a school. The project site does not provide habitat for any locally-protected species. (e) The site of the project is not included on any list of facilities and sites compiled pursuant to Section 65962.5 of the Government Code. Finding: The project site is not on any list compiled pursuant to Section 65962.5 of the Government Code. (f) The site of the project is subject to a preliminary endangerment assessment prepared by a registered environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity. In addition, the following steps have been taken in response to the results of this assessment: PC RESO NO. 7233 -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 (1) If a release of a hazardous substance is found to exist on the site, the release shall be removed, or any significant effects of the release shall be mitigated to a level of insignificance in compliance with state and federal requirements. (2) If a potential for exposure to significant hazards from surrounding properties or activities is found to exist, the effects of the potential exposure shall be mitigated to a level of insignificance in compliance with state and federal requirements. Finding: A Phase I environmental assessment was prepared, and no environmental conditions requiring remedial measures were identified. (g) The project does not have a significant effect on historical resources pursuant to Section 21084.1 of the Public Resources Code. Finding: The project site is in an urbanized area already developed with residential uses and adjacent to a school. None of the existing structures on the site are considered historical resources pursuant to Section 21084.1 of the Public Resources Code. (h) The project site is not subject to wildland fire hazard, as determined by the Department of Forestry and Fire Protection, unless the applicable general plan or zoning ordinance contains provisions to mitigate the risk of a wildland fire hazard. Finding: The project site is in an urbanized area already developed with residential uses and adjacent to a school. (i) The project site does not have an unusually high risk of fire or explosion from materials stored or used on nearby properties. Finding: The project site is in an urbanized area already developed with residential uses and adjacent to a school. There are no industrial or manufacturing uses adjacent to the project site that would pose a risk of high fire or explosion. (j) The project site does not present a risk of a public health exposure at a level that would exceed the standards established by any state or federal agency. Finding: The project proposes the development of 93 residential units on a site already developed with residences. (k) Either the project site is not within a delineated earthquake fault zone or a seismic hazard zone, as determined pursuant to Section 2622 and 2696 of the Public Resources Code respectively, or the applicable general plan or zoning ordinance contains provisions to mitigate the risk of an earthquake or seismic hazard. Finding: The project site is not within a delineated earthquake fault zone. The project site is in an urbanized area already developed with residential uses and adjacent to a school. (l) Either the project site does not present a landslide hazard, flood plain, flood way, or restriction zone, or the applicable general plan or zoning ordinance contains provisions to mitigate the risk of a landslide or flood. Finding: The project site is not within a landslide hazard, flood plain, flood way or restriction zone. PC RESO NO. 7233 -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 (m) The project site is not located on developed open space. Finding: The project site is an urbanized area developed for residential uses. (n) The project site is not located within the boundaries of a state conservancy. Finding: The project is located in the City of Carlsbad; no State conservancy land is involved. (o) The project has not been divided into smaller projects to qualify for one or more of the exemptions set forth in sections 15193 to 15195. Finding: The whole of the project is being considered in the application before the City. The project proposes the development of 93 residential units on a 4.04 acre site. The proposed apartment project is in compliance with the City of Carlsbad’s Climate Action Plan (CAP) in that a multi-family housing development with less than 70 dwelling units does not meet the screening threshold to require a greenhouse gas (GHG) analysis. The California Air Pollution Control Officers Association (CAPCOA) has published screening thresholds to guide agencies in determining which projects require greenhouse gas analysis and mitigation for significant impacts related to climate changes. With this guidance, the city has determined that new development projects emitting less than 900 MTCO2e annual GHG would not contribute considerably to climate change impacts, and therefore do not need to demonstrate consistency with the CAP. A multi- family development of more than 70 dwelling units would exceed the threshold and would be subject to CAP measures. The 93-unit apartment project has a net increase of 49 units, and is therefore not subject to CAP measures. 23. 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 issuance of a grading 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 Site Development Plan/Coastal Development Permit/Minor Subdivision. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan/Coastal Development Permit/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. PC RESO NO. 7233 -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 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Site Development Plan/Coastal Development Permit/Minor Subdivision, (b) City’s approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City’s approval is not validated. 6. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Site Plan, conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision making body. The copy shall be submitted to the city planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 9. This approval shall become null and void if building 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. PC RESO NO. 7233 -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 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 Site Development Plan/Coastal Development Permit/Minor Subdivision by Resolution No. 7233 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. 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. 16. 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. 17. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. 18. Prior to the issuance of building permits for any units, the Developer shall enter into an Affordable Housing Agreement with the City to provide and deed restrict 92 dwelling units as affordable to lower-income households for 55 years, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted to the City Planner no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. 19. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the City Planner. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the City Planner. 20. Developer shall submit and obtain City Planner approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. PC RESO NO. 7233 -17- 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. The windows and doors on the first through third floors of buildings two through six shall have an STC rating of 40 to reduce interior noise levels below 45 dBA CNEL, unless determined otherwise through a noise analysis during building permit review. 22. The two units located on the southerly end of the third floor of building four shall be relocated to the westerly end of the third floor of building two. This will create a two-story element on the southerly end of building two and a three-story element on the westerly end of building two. Engineering NOTE: Unless otherwise specified herein, all conditions below shall be satisfied prior to grading permit, or building permit, whichever comes first; or pursuant to an approved construction schedule at the discretion of the appropriate division manager or official. General 23. 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. 24. 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. 25. 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. 26. Prior to approval of the parcel map, the Developer shall provide proof that Caltrans has reviewed the proposed development and any mitigation required has or will be implemented. 27. Prior to issuance of the grading permit, the contractor shall submit a Construction Plan to the city engineer for review and approval. Said Plan may be required to include, but not be limited to, identifying the location of the construction trailer, material staging, bathroom facilities, parking of construction vehicles, employee parking, construction fencing and gates, obtaining any necessary permission for off-site encroachment, addressing pedestrian safety, and identifying time restrictions for various construction activities. Said plan shall also address permit and construction phasing for duplex, street and utility demolition and address utility service and street access for the remaining units fronting Harding Street during demolition and construction. Fees/Agreements 28. 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. 29. 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. 7233 -18- 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 30. 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. Grading 31. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports as required by city engineer, post security and pay all applicable grading plan review and permit fees per the city’s latest fee schedule. Storm Water Quality 32. 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. 33. Developer shall complete and submit to the city engineer a Determination of Project’s SWPPP Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city’s latest fee schedule. 34. This project is subject to ‘Priority Development Project’ requirements. Developer shall prepare and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP required by this condition shall be reviewed and approved by the city engineer with final grading plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city’s latest fee schedule. 35. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control BMP and applicable hydromodification measures. Dedications/Improvements 36. Developer shall cause owner to dedicate to the city and/or other appropriate entities easements for public street & public utility purposes as shown on the tentative map. The offer shall be made by a certificate on the final map or separate recorded document. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Streets that are already public are not required to be rededicated. Additional easements may be required at final design to the satisfaction of the city engineer. 37. Developer shall design the private drainage systems, as shown on the tentative map and site plan 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. PC RESO NO. 7233 -19- 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 38. 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. Remove segment of Harding Street improvements to be abandoned including applicable utilities. B. Convert Carol Place into a cul-de-sac with installation of curb, gutter, sidewalk, street light, street pavement and driveway approach as shown on the conceptual drainage and improvement plan. C. Convert Harding Street into a cul-de-sac with installation of curb, gutter, sidewalk, street light, street pavement and driveway approach as shown on the conceptual drainage and improvement plan. D. Install water services and fire hydrants as shown on the conceptual drainage and improvement plan. E. Install public sewer facilities including a man hole in Harding Street, Carol Place and Magnolia Avenue and a new public sewer main in the Harding Street cul-de-sac. Said sewer main and manholes in Harding Street and Magnolia Avenue shall be installed with lateral connections to Lot 34 and 35 prior to abandonment of the existing sewer main in Harding Street. F. Replace the striped crosswalk on Jefferson Street at the intersection of Carol Place and Jefferson Street with a raised crosswalk approved by a Certified Access Specialist (CASp). G. Install bike route signage for a Class III bikeway route consistent with the City of Carlsbad Bikeway Master Plan on Jefferson Street between Anchor Way and Tamarack Avenue. H. Upgrade, as needed, the pedestrian ramps at the northerly end of Harding Street and the westerly end of Carol Place to current American Disability Act (ADA) standards, all subject to approval by a Certified Access Specialist (CASp). 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. 39. The developer shall pay a fair share contribution of the total design and construction cost to modify the traffic signal and related pavement striping at the intersection of Jefferson Street and Tamarack Avenue to convert the signal to 8-phases with protected left turns in northbound and southbound directions on Jefferson Street, as planned per the city’s current Capital Improvement Program. Fair share shall be determined in accordance with the “Methodology for Calculating Equitable Mitigation Measures” per Appendix B of the December 2002 Caltrans Guide for the Preparation of Traffic Impact Studies or other method deemed acceptable to the city engineer. An estimated cost to redesign and construct the signal modifications shall be provided by the developer subject to the approval of the city engineer. 40. Developer shall design, and obtain approval from the city engineer, the structural section for the access aisles with a traffic index of 5.0 in accordance with city standards due to truck access through the parking area and/or aisles with an ADT greater than 500. Prior to completion of grading, the final structural pavement design of the aisle ways shall be submitted together with required R-value soil test information subject to the review and approval of the city engineer. 41. Developer shall abandon the drainage easement recorded on Tract Map 2969 and a portion of Harding Street per section 66434(g) of the Subdivision Map Act as shown on the tentative parcel PC RESO NO. 7233 -20- 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 map. Prior to recordation of the parcel map, all public entities vested in the public easement for Harding Street shall be notified of the proposed abandonment and no portion of the public easement vested in another public entity shall be abandoned if the public entity objects to the abandonment. 42. All above ground utility boxes such as electrical transformers shall be located on private property and outside the public right-of-way subject to the satisfaction of the city engineer. Non-Mapping Notes 43. 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 and site plan. These improvements include, but are not limited to: 1. Remove segment of Harding Street improvements to be abandoned including applicable utilities. 2. Convert Carol Place into a cul-de-sac with installation of curb, gutter, sidewalk, street light, street pavement and driveway approach as shown on the conceptual drainage and improvement plan. 3. Convert Harding Street into a cul-de-sac with installation of curb, gutter, sidewalk, street light, street pavement and driveway approach as shown on the conceptual drainage and improvement plan. 4. Install water services and fire hydrants as shown on the conceptual drainage and improvement plan. 5. Install public sewer facilities including a man hole in Harding Street, Carol Place and Magnolia Avenue and a new public sewer main in the Harding Street cul-de-sac. Said sewer main and manholes in Harding Street and Magnolia Avenue shall be installed with lateral connections to Lot 34 and 35 prior to abandonment of the existing sewer main in Harding Street. 6. Replace the striped crosswalk on Jefferson Street at the intersection of Carol Place and Jefferson Street with a raised crosswalk. 7. Install bike route signage for a Class III bikeway route consistent with the City of Carlsbad Bikeway Master Plan on Jefferson Street between Anchor Way and Tamarack Avenue. B. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. C. Geotechnical Caution: The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. D. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans standards. E. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other PC RESO NO. 7233 -21- 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 improvements identified in the city approved development plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the city approved development plans. F. There are no public park or recreational facilities to be located in whole or in part within this subdivision. The subdivider is therefore obligated to pay park-in-lieu fees in accordance with section 20.44.050 of the Carlsbad Municipal Code and has either paid all of said park in-lieu fees or agreed to pay all of said park-in-lieu fees in accordance with section 20.16.070 of the Carlsbad Municipal Code. Utilities 44. The developer shall agree to design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning Division for processing and approval by the district engineer. 45. 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. 46. The developer shall agree to install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans. 47. The developer shall design and agree to construct public water, sewer, and recycled water facilities substantially as shown on the tentative map and site plan to the satisfaction of the district engineer and city engineer. 48. The developer shall submit a detailed potable water study, prepared by a registered engineer that identifies the peak demands of the project (including fire flow demands). The study shall identify velocity in the main lines, pressure zones, and the required pipe sizes. Said study shall be submitted concurrently with the improvement 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: 49. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 50. 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. 51. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 52. 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. 53. This tentative map shall expire two years from the date on which the planning commission or city council voted to approve this application. PC RESO NO. 7233 -22- 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 54. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the City of Carlsbad Municipal Code to the satisfaction of the city engineer. 55. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the tentative map are for planning purposes only. 56. Subdivider shall comply with Section 20.16.040(d) of the Carlsbad Municipal Code regarding the undergrounding of existing overhead utilities. 57. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 17.04.320. 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. . . . . . . . . . . . . . . .