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HomeMy WebLinkAbout2017-05-17; Planning Commission; Resolution 7244 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MAJOR REVIEW PERMIT AND TENTATIVE TRACT MAP TO ALLOW FOR THE DEMOLITION OF A ONE-STORY COMMERCIAL BUILDING AND THE CONSTRUCTION OF A FOUR-STORY MIXED-USE BUILDING CONSISTING OF 1,622 SQUARE FEET OF GROUND FLOOR OFFICE SPACE AND SEVEN CONDOMINIUM UNITS ON PROPERTY GENERALLY LOCATED 2677 STATE STREET IN LAND USE DISTRICT 4 OF THE VILLAGE REVIEW ZONE AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: TOWNHOUSE CASE NO.: RP 2016-0001/CT 2016-0002 (DEV 2016-0031) WHEREAS, Mark Benjamin, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as PARCEL 1: All of Lot 6 of SEASIDE LANDS, according to Map thereof No. 1722, filed in the Office of the County Recorder of San Diego County, July 28, 1921. EXCEPT the Southerly 51 feet, the Northerly line of said Southerly 51 feet being parallel with the dividing line between Lots 5 and 6 in said Seaside Lands. Parcel 2: The Southeasterly half of Lot 7 in Seaside Lands, according to Map thereof No. 1722, filed in the Office of the County Recorder of San Diego County, July 28, 1921. (“the Property”); and WHEREAS, said verified application constitutes a request for a Major Review Permit/Tentative Tract Map as shown on Exhibits “A” – “L” dated May 17, 2017, on file in the Planning Division RP 2016-0002/CT 2016-0002 – TOWNHOUSE, as provided by Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on May 17, 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 persons desiring to be heard, said Commission considered all factors relating to the Major Review Permit/Tentative Tract Map. PLANNING COMMISSION RESOLUTION NO. 7244 PC RESO NO. 7244 -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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of RP 2016-0001/CT 2016-0002 – TOWNHOUSE, based on the following findings and subject to the following conditions: Findings: Major Review Permit RP 2016-0001 1. The Planning Commission finds that the project, as conditioned herein, is on conformance with the Elements of the City’s General Plan, based on the facts set forth in the staff report dated May 17, 2017 including, but not limited to the following: A. Land Use Goal 2-G.30: Develop a distinct identity for the Village by encouraging a variety of uses and activities, such as a mix of residential, commercial office, restaurants and specialty retail shops, which traditionally locate in a pedestrian–oriented downtown area and attract visitors and residents from across the community by creating a lively and interesting social environment. Land Use Policy 2-P.70: Seek an increased presence of both residents and activity in the Village with new development, particularly residential, including residential as part of a mixed-use development, as well as commercial, entertainment and cultural uses that serve both residents and visitors. The proposed project is consistent with the goals and policies for the Village, as outlined within the General Plan, because it provides a mix of multi-family residential and office uses in an appropriate location (Land Use District 4 – Residential Support Area) within the Village. This in turn serves to enhance and maintain the area with a mix of higher quality office and residential uses which will support the Village center. It also increases the number of and improves the condition and appearance of housing units within the Village. By providing more residential and office opportunities, the project helps to create a lively, interesting social environment by encouraging and increasing the opportunity for 24-hour life in the Village, which provides the necessary customer base to attract complementary uses. The project reinforces the pedestrian-orientation desired for the downtown area by providing the new residents an opportunity to walk to shopping, recreation, and mass transit functions. The project’s proximity to mass transit will help to further the goal of providing new economic development near transportation corridors. Furthermore, the project will provide a strong street presence with extensive architectural relief and visually subordinate parking. Overall, the new residential units will enhance the Village as a place for living and working. B. Circulation Policy 3-P.5: Require developers to construct or pay their fair share toward improvements for all travel modes consistent with the Mobility Element, the Growth Management Plan, and specific impacts associated with their development. PC RESO NO. 7244 -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 The applicant will be required to pay traffic impact fees prior to issuance of building permit that will go towards future circulation improvements. C. 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 study was prepared by Ldn Consulting, Inc. (January 31, 2017) and determined that the worst-case cumulative noise level from all roadways was found to be 65.0 dBA CNEL and 85.0 dBA CNEL intermittently when the train is passing by. Standard building construction will provide a noise reduction of approximately 12-15 dBA with a windows open condition, and a minimum 20 dBA noise reduction with the windows closed. To meet the 45 dBA CNEL interior noise standard, all glass assemblies facing or having a direct line of site to the railroad tracks should be dual-paned and acoustical sealant applied around the exterior edges having an STC 32 rating. D. Housing Policy 10-P.15: Pursuant to the Inclusionary Housing Ordinance, require affordability for lower income households of a minimum of 15 percent of all residential ownership and qualifying rental projects. With seven residential units proposed, one affordable housing unit is required of the proposed project. The inclusionary housing requirement may be satisfied through the purchase of housing credits. Providing an onsite affordable residential unit is not financially feasible in a project of this size. By purchasing a housing credit, the city is able to recover a portion of its cost of providing affordable housing opportunities to low-income households. The project has been conditioned to require the execution of an affordable housing agreement prior to recordation of the final map. 2. That the project is consistent with the Village Review Zone and the Village Master Plan and Design Manual in that the project as designed is consistent with the development standards for Land Use District 4, the Village Design Guidelines and other applicable regulations set forth in the Village Master Plan and Design Manual as discussed in the staff report dated May 17, 2017. 3. The Developer/Property owner qualifies to participate in the Parking In-Lieu Fee Program and participation in the program will satisfy the parking requirements for the project. Justification for participation in the Parking In-Lieu Fee Program is contained in the following findings: A. The project is consistent with Village Review Master Plan and Design Manual in that the project assists in satisfying the goals and objectives through the following actions: 1) The mixed-use project stimulates property improvements and new development in the Village by constructing a new permitted mixed-use building in an area with a mix of dated buildings and increasing the intensity of development within the Village, 2) It establishes Carlsbad Village as a quality shopping, working and living environment by providing new employment opportunities, increasing the number, quality, and diversity of housing units within the Village, and reinforces the pedestrian environment within the Village, and 3) Improves the physical appearance of the Village Area by redeveloping an underutilized site on State Street with a new attractive building that adheres to the land use regulations and design guidelines set forth for the area. PC RESO NO. 7244 -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 B. The proposed use is consistent with the goals and objectives set forth for Land Use District 4 of the Village Master Plan and Design Manual in that the mixed-use development not only provides mutually supportive uses in the form of residential, and office uses on State Street, but reinforces the pedestrian-orientation desired for the downtown area by providing new residents and employees an opportunity to walk to local shopping, dining, recreation, and mass transit functions. Furthermore, its close proximity to mass transit help to further the goal of providing new economic and residential development near transportation corridors. The development will contribute to the revitalization of the Village area in the form of a new building in a residential support area of the Village, new office lease space, new employment opportunities and new patrons. C. Adequate parking is available within the Village to accommodate the project's parking demands. A parking study was recently completed for the Village and Barrio areas and parking occupancies were observed in the morning (9 A.M.), afternoon (1:00 P.M.), and evening (7:00 P.M.). The highest occupancy for all public parking lots combined in the Village was 72% at 1:00 P.M. in May of 2016. This utilization ratio allows for continued implementation of the parking in-lieu fee program because it is less than the 85% threshold for maximum utilization set by the City Council. D. The In-Lieu Fee Program has not been suspended or terminated by the City Council. Carlsbad Tract Map CT 2016-0002 4. 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. 5. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential and office development on the General Plan and are designated with a similar density of 28 – 35 dwelling units per acre. 6. 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. 7. 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. 8. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). PC RESO NO. 7244 -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 9. 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 oriented for solar exposure and to take advantage of prevailing breezes to the extent that is feasible given the site’s location. In addition, an uncovered interior courtyard is provided on levels two, three, and four that will allow natural light into the areas of the units that face toward the interior of the building. 10. 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. 11. 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 any sensitive resources or habitat. 12. 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. City Council Policy No. 43, Allocation for Excess Dwelling Units 13. That the project location and density are compatible with the existing adjacent residential neighborhoods and/or nearby existing or planned uses in that the project is consistent with the adjacent mix of residential and commercial land uses and anticipated uses in that Land Use District 4 of the Village Master Plan is intended to provide for a gradual transition to a mix of higher quality commercial and residential uses which will provide support for the core of the Village. 14. That the project location and density are in accordance with the applicable provisions of the General Plan and any other applicable planning document, in that the Village Master Plan and Design Manual designates District 4 with a residential density range of 28 to 35 dwelling units per acre. The Village Master Plan implements the Village (V) General Plan Land Use designation. A density range of 28 to 35 dwelling units per acre is allowed in District 4. Based on a net acreage of 0.22 acres, the resulting minimum unit yield is 3.1 dwelling units and maximum yield is 7.7 units, or 7 units rounded. The proposal for seven residential units falls within the allowable range (three to seven units) for the dwelling unit yield. 15. That there are an adequate number of units in the Excess Dwelling Unit Bank (EDUB) to allocate seven units. The project is located in the Village Review Zone where a Growth Management Control Point has not been established. Therefore seven residential units will be deducted from the EDUB. Per the city’s Quadrant Dwelling Unit Report (February 28, 2017), 657 units remain available for allocation in the Village. PC RESO NO. 7244 -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 California Environmental Quality Act: 16. The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA Guidelines as an infill development project. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the State CEQA Guidelines do not apply to this project. General 17. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all City public policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, A. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. B. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. C. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 18. That there have been sufficient developments approved in the quadrant at densities below the control point to offset the units in the project above the control point so that approval will not result in exceeding the quadrant limit; 19. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a grading or building permit, or recordation of the Final Map, whichever occurs first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Major Review Permit and Tentative Tract Map. PC RESO NO. 7244 -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 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Major Review Permit and Tentative Tract Map documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Major Review Permit/Tentative Tract Map, (b) City’s approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City’s approval is not validated. 6. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Tentative Map/Site Plan, conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision making body. The copy shall be submitted to the city planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 9. This approval shall become null and void if building 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. PC RESO NO. 7244 -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 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 Major Review Permit and Tentative Tract Map 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. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Director of the Community and Economic Department. 14. Developer shall construct, install, and stripe not less than 16 parking spaces, including one (1) accessible parking space, as shown on Exhibit “B”. 15. Prior to issuance of building permits, the Developer shall enter into a Parking In-Lieu Fee Participation Agreement and pay the established Parking In-Lieu Fee for 2 parking spaces. The fee shall be the sum total of the fee per parking space in effect at the time of the building permit issuance times the number of parking spaces needed to satisfy the project’s parking requirement. 16. The construction of the building shall incorporate all noise reduction measures identified in the noise study prepared by Ldn Consulting (January 31, 2017). To meet the 45 dBA CNEL interior noise standard, all glass assemblies facing or having a direct line of site to the railroad tracks should be dual-paned and acoustical sealant applied around the exterior edges having an STC 32 rating. Engineering: NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a demolition permit, grading permit or building permit, whichever comes first. General 17. 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. PC RESO NO. 7244 -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 18. 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. 19. 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, street trees, landscaping, low impact development features, 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. 20. Developer shall prepare, submit and process for city engineer approval a final map to subdivide this project. There shall be one Final Map recorded for this project. Developer shall pay the city standard map review plan check fees. Fees/Agreements 21. Developer shall cause property owner to execute and submit to the city engineer for recordation the city’s standard form Drainage Hold Harmless Agreement. 22. 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. 23. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for recordation, an Encroachment Agreement covering private storm drain connections located over existing public right-of-way or easements as shown on the tentative map. Developer shall pay processing fees per the city’s latest fee schedule. Grading 24. 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. 25. Prior to issuance of the grading permit, the contractor shall submit a Construction Plan to the city engineer for review and approval. Said Plan may be required to include, but not be limited to, identifying the location of the construction trailer, material staging, bathroom facilities, parking of construction vehicles, employee parking, construction fencing and gates, obtaining any necessary permission for off-site encroachment, addressing pedestrian safety, and identifying time restrictions for various construction activities. Storm Water 26. 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. PC RESO NO. 7244 -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 27. 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. 28. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form. Developer is responsible to ensure that all final design plans, grading plans, and building plans incorporate applicable best management practices (BMPs). These BMPs include site design, source control and Low Impact Design (LID) measures including, but not limited to, minimizing the use of impervious area (paving), routing run-off from impervious area to pervious/landscape areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or signage all to the satisfaction of the city engineer. Dedications/Improvements 29. Developer shall cause owner to dedicate to the city and/or other appropriate entities for the public street & public utility purposes as shown on the tentative map. The offer shall be made by a certificate on the final map. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Streets that are already public are not required to be rededicated. Additional easements may be required at final design to the satisfaction of the city engineer. 30. The existing drainage easement shall be quitclaimed as shown on the tentative map. The quitclaim shall be included on the final map to the satisfaction of the city engineer. 31. Developer shall design the private drainage systems, as shown on the tentative map to the satisfaction of the city engineer. All private drainage systems (12” diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 32. Developer shall design all proposed public improvements including but not limited to sewer laterals, street trees, sidewalk, water services/meters as shown on the tentative map. These improvements shall be shown on one of the following, subject to city engineer approval: 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 33. Add the following notes to the final 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. PC RESO NO. 7244 -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 B. Geotechnical Caution: i. 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. E. 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 34. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the district engineer. 35. 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. 36. 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. 37. Prior to using one potable water meter to serve a multi-ownership building, developer shall apply for and receive approval from the utilities director. Upon application for and good cause shown, the utilities director may allow a single potable water service connection and meter to a multi- ownership building within this subdivision provided: A. Developer shall record a deed restriction or other such document as approved by the public works director and general counsel placing future owners on notice that each and every residential or commercial/office unit is served by a single service connection and meter, and in the event that the water bill is not paid by the party or entity responsible for paying the monthly water service charges to CMWD for the respective building occupied by the multi-ownership, CMWD may at its direction shut off the water service to such multi-ownership building in accordance with CMWD adopted rules and regulations. PC RESO NO. 7244 -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 B. Developer shall install a private sub-meter for each separately established residence or business within a multi-ownership building having a single potable water service connection and meter. If denied, developer shall revise all design drawings to provide separate potable water meters for each separately owned unit within this subdivision per district requirements. Code Reminder 38. 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. 39. 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. 40. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 41. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 17.04.320. 42. 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. 43. 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. 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 approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. . . . 1 2 3 4 5 6 7 8 9 10 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on May 17, 2017, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Segall, Commissioners Anderson, Goyarts, Montgomery, Rodman and Siekmann Commissioner Black 11 JEFF SEGALL, Chairperson CARLSBAD PLANNING COMMISSION 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATIEST: DON NEU City Planner PC RESO NO. 7244 -13-