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HomeMy WebLinkAbout2017-07-19; Planning Commission; Resolution 7255 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT PERMIT, SITE DEVELOPMENT PLAN, COASTAL DEVELOPMENT PERMIT, TENTATIVE PARCEL MAP AND MINOR VARIANCE TO DEMOLISH AN EXISTING SINGLE-FAMILY HOME AND CONSTRUCT A TWO-FAMILY, RESIDENTIAL AIR-SPACE CONDOMINIUM PROJECT ON A 0.16 ACRE INFILL SITE LOCATED AT 167 CHERRY AVENUE, WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: 167 CHERRY AVENUE DUPLEX CASE NO.: PUD 16-11/SDP 16-21/CDP 16-43/MS 16-09/AV 16-06 (DEV16050) WHEREAS, Matthew Taylor, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as Lot “F” and the southwesterly 5 feet of Lots “A” and “B” in Block 2 of Palisades Heights, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 1777, filed in the Office of the County Recorder of San Diego County, January 11, 1924 (“the Property”); and WHEREAS, said verified application constitutes a request for a Planned Development Permit, Site Development Plan, Coastal Development Permit, Tentative Parcel Map and Minor Variance as shown on Exhibits “A” – “K” dated July 19, 2017, on file in the Planning Division, PUD 16-11/SDP 16- 21/CDP 16-43/MS 16-09/AV 16-06 – 167 CHERRY AVENUE DUPLEX as provided by Chapters 21.45, 21.06, 21.16, 21.203, 20.24 and 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on July 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 persons desiring to be heard, said Commission considered all factors relating to the Planned Development Permit, Site Development Plan, Coastal Development Permit, Tentative Parcel Map and Minor Variance. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: PLANNING COMMISSION RESOLUTION NO. 7255 PC RESO NO. 7255 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES PUD 16-11/SDP 16-21/CDP 16-43/MS 16-09/AV 16-06 – 167 CHERRY AVENUE, based on the following findings and subject to the following conditions: Findings: Planned Development Permit 1. The proposed project is consistent with the general plan, and complies with all applicable provisions of this chapter, and all other applicable provisions of the Carlsbad Municipal Code, in that the project’s proposed density of 12.5 du/ac is below the R-23 Residential density range of 15-23 du/ac. However, pursuant to CMC Section 21.53.230, unit yields rounded-down that result in a density below the minimum density shall be considered consistent with the general plan. As discussed in the project staff report, with the exception of a Minor Variance (AV 16- 06) for reduced garage widths, the project is consistent with all remaining development and design standards applicable to the property as contained in Chapters 21.16 (Multiple-Family Residential (R-3)) Zone, 21.45 (Planned Developments) and 21.82 (Beach Area Overlay Zone (BAOZ)) of the Carlsbad Municipal Code. 2. The proposed project will not be detrimental to existing uses, or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings, or traffic, in that the two-family residential air-space condominium project is compatible with existing surrounding single-family residential and multiple-family residential uses as permitted by the Multiple-Family Residential (R-3) Zone; and does not create any traffic circulation impacts as Cherry Avenue is adequately designed to accommodate the 16 Average Daily Trips (ADT) being generated. 3. The project will not adversely affect the public health, safety, or general welfare, in that the two- family residential air-space condominium project has been designed to comply with all applicable development standards, with the exception of a Minor Variance (AV 16-06) for reduced garage widths, to ensure compatibility with surrounding single-family and multiple- family residential uses. 4. The project’s design, including architecture, streets, and site layout a) contributes to the community’s overall aesthetic quality, b) includes the use of harmonious materials and colors, and the appropriate use of landscaping, and c) achieves continuity among all elements of the project, in that the two-story, two-family residential air-space condominium project is an upgrade to the site and the surrounding neighborhood. The two-story project is architecturally harmonious with the surrounding environment in that it is designed with a Spanish architectural influence. Primary building materials include white smooth finish stucco, stone veneer, decorative garage doors, exposed rafter tails, and stucco-wrapped foam trim around the windows. Decorative wrought iron railings surround the balconies. Concrete tile gabled roofs cover the building and incorporate multiple roof ridges. All elements (i.e. site layout, architecture, landscaping) create continuity in the overall project design. 5. The project complies with City Council Policy No. 44 in that deviations from the policy are allowed if the intent and purpose for guideline number nine are met. The intent and purpose of guideline number nine are met by the project meeting the following goals: PC RESO NO. 7255 -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 a. Visually interesting – The proposed two-family building provides a front elevation offset and covered second story balconies. The building has a variety of materials consisting of white smooth finish stucco, stone veneer, decorative garage doors, exposed rafter tails, and stucco wrapped foam trim around the windows. Decorative wrought iron railings surround the balconies. b. Sufficient building articulation to reduce bulk and mass – Although no single story building edge is proposed along one side of the building, the project’s second story balconies and side recesses provide articulation on various elevations. The two-story building is designed with a pitched roof that is generally at its lowest height at the sides of the building as opposed to a flat roof building up to 30’ in height at the sides. These articulations and roof design reduce the bulk and mass of the project. c. In scale to their lot size – The project is permitted to have a lot coverage up to 60 percent. The project proposes a lot coverage of 56 percent which is below the 60 percent allowed and the 7,000 square foot lot is less than the 7,500 square foot lot minimum size required by the R-3 zone. The project is in scale with the lot size and consistent with other approved developments in the surrounding Beach Area Overlay Zone. d. Strongly contribute to the creation of livable neighborhoods – The project site could accommodate up to three residential dwellings given the existing zoning (R-3) and General Plan Land Use (R-23) and is replacing one single-family home. The project site is bordered by single-family, two-family and multi-family residential development that is all within the Multiple-Family Residential (R-3) zone. The two-unit project blends into the existing area and provides a single driveway access, which reduces the need for multiple driveways and provides off street parking for residents in two-car garages and guest parking in the driveway. The second floor unit incorporates a large outdoor deck over the garage that faces Cherry Avenue and creates a stronger street presence and active frontage. Site Development Plan 6. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the project consists of the demolition of an existing single-family home and construction of a two- family residential air-space condominium project on a 0.16 acre infill site located at 167 Cherry Avenue. The site is surrounded by a mix of existing single-family and multiple-family residential developments. The proposed two-family residential project at a density of 12.5 du/ac is consistent with the R-23 Residential (15-23 du/ac) General Plan Land Use designation since unit yields rounded-down that result in a density below the minimum density shall be considered consistent with the General Plan. The project is consistent with the various elements and objectives of the General Plan as discussed in Section “A” of the project staff report. The proposed two-family residential use will not be detrimental to existing uses or to uses specifically permitted in the area in which the use is located in that, two-family residential is a use permitted within the Multiple-Family Residential (R-3) Zone and is compatible with the other residential uses surrounding the project site, including single-family residential and multiple-family residential. The two-family residential air-space condominium project will not adversely impact the site, surroundings, or traffic circulation in that the existing surrounding PC RESO NO. 7255 -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 streets have adequate capacity to accommodate the 16 Average Daily Trips (ADT) generated by the project; the project complies with all minimum development standards of the Carlsbad Municipal Code, including but not limited to the R-3 Zone, Beach Area Overlay Zone (BAOZ), and the Planned Development Ordinance; and the project is adequately parked onsite and does not result in any environmental impacts. 7. That the site for the intended use is adequate in size and shape to accommodate the use, in that with the exception of a Minor Variance (AV 16-06) for reduced garage widths, the two-family residential air-space condominium project complies with all remaining development standards (i.e. front, side and rear setbacks, lot coverage, parking, and height restrictions) of the Multiple- Family Residential (R-3) Zone, the Beach Area Overlay Zone (BAOZ), and the Planned Development Ordinance as demonstrated in the project staff report. 8. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that as demonstrated in the project staff report the two-family residential air- space condominium project, with the exception of a Minor Variance (AV 16-06) for reduced garage widths, complies with all remaining development standards (i.e. front, side and rear setbacks, lot coverage, parking, and height restrictions) of the Multiple-Family (R-3) Zone, the Beach Area Overlay Zone (BAOZ), and the Planned Development Ordinance. Landscaping along the outer edge of the property, including the areas along Cherry Avenue, will be provided consistent with the requirements of the city’s Landscape Manual. In addition to the above, privacy walls/fences on the property will be provided or maintained. 9. That the street systems serving the proposed use are adequate to properly handle all traffic generated by the proposed use, in that the two-family residential air-space condominium project will take access off of Cherry Avenue, which is identified as a local street, and is designed to adequately handle the 16 Average Daily Trips (ADT) generated by the project. Cherry Avenue is already improved with pavement, curb, gutter and sidewalks next to a curb-adjacent parkway. The project will reconstruct portions of the curb, gutter and sidewalk along the project frontage due to the modification of the driveway. Coastal Development Permit 10. That the proposed development is in conformance with the Mello II Segment of the Certified Local Coastal Program (LCP) and all applicable policies, in that the site is designated R-23 Residential (15-23 du/ac) for single-family and multi-family residential development by the Mello II LCP. The project consists of the demolition of an existing single-family home and construction of a two-family residential air-space condominium project at a density of 12.5 du/acres on a 0.16 acre previously developed site. The proposed two-story project will not obstruct views of the coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone. No agricultural uses currently exist on the site, nor are there any sensitive resources located on the property. In addition, the proposed two-family residential condominium project is not located in an area of known geologic instability or flood hazards. Since the site does not have frontage along the coastline, no public opportunities for coastal shoreline access are available from the subject site. Furthermore, the residentially-designated site is not suited for water-oriented recreation activities. PC RESO NO. 7255 -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 11. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the property is not located adjacent to the shoreline. Therefore, the two- family residential air-space condominium project will not interfere with the public’s right to physical access to the ocean and, furthermore, the residentially designated site is not suited for water-oriented recreation activities. 12. That the project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the two-family residential air-space condominium project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Carlsbad BMP Design Manual and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. No undevelopable steep slopes or native vegetation is located on the subject property and the previously graded site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 13. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X of the Land Use Plan, certified September 1990 and Agricultural Conversion Mitigation Fees are not required in accordance with the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance). 14. The project is not between the sea and the first public road parallel to the sea and therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance). Tentative Parcel Map 15. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code and the State Subdivision Map Act, and will not cause serious public health problems, in that – the two-family residential air-space condominium project created through the tentative parcel map satisfies all the minimum requirements of Title 20 and has been designed to comply with other applicable regulations including, the Multiple-Family Residential (R-3) Zone, the Beach Area Overlay Zone (BAOZ), the Planned Development Ordinance, Growth Management Ordinance, and the R-23 Residential General Plan Land Use designation. 16. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated R-23 Residential for residential development at a density of 15-23 du/ac. Surrounding properties are also designated R-23 Residential and are predominantly developed with multiple-family residential projects of a similar density or underdeveloped lots containing one single-family home. 17. 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 with the exception of a Minor Variance (AV 16-06) for reduced garage widths, all other required development standards and design criteria required by the Multiple-Family Residential (R-3) Zone, the Planned Development Ordinance, and the Beach Area Overlay Zone (BAOZ) are incorporated into the two-family residential air-space condominium project. PC RESO NO. 7255 -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 18. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the two-family residential air-space condominium project has been designed and conditioned so that there are no conflicts with established easements and no additional right-of-way is required. 19. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 20. 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 structure is designed to include balconies and operable windows oriented to maximize exposure of each unit to natural light and ventilation from nearby coastal breezes. 21. 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. 22. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish and wildlife or their habitat, in that the two-family residential air-space condominium project site has been previously graded and is surrounded by existing development. 23. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the two-family residential air-space condominium project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Carlsbad BMP Design Manual and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. Minor Variance 24. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification in that the existing legal lot is substandard according to the R-3 zone regulations in that it is only 50 feet wide and 7,000 square feet in lot area. The R-3 zone requires a minimum lot width of 60 feet and a minimum lot size of 7,500 square feet. A two-family home, as proposed, requires a two-car garage for each unit. Given that the interior dimension of a garage is required to be 20 feet wide, two, two-car garages side-by-side would not be able to meet side yard setbacks based on the substandard lot width. The project has been designed with 19-foot garage widths instead of a reduced side yard setback. It is important to maintain the five foot minimum side yard setback, rather than reduce it to accommodate interior garage width. Other properties in the area that have at least 60-foot lot widths per the R-3 zone are able to accommodate two, two-car garages side-by-side. The allowance to construct the proposed garages slightly under the required dimensions does not constitute a special privilege that is not enjoyed by other properties in the general vicinity and under identical zoning classifications. 25. That the minor variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located and is subject to any conditions necessary to assure compliance with this finding in that although there are no known variances for garage width in the immediate vicinity, existing properties in the Beach Area Overlay Zone have developed with substandard parking and/or substandard setbacks. The slight reduction of the garage width is preferred over reduced side yard setbacks which would be reduced from five feet to four feet. PC RESO NO. 7255 -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 26. That the minor variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property in that the granting of a minor variance to reduce the required garage width from 20 feet to 19 feet does not authorize a use which is not otherwise expressly permitted by the zoning regulations. Garages are allowed by right within the Multiple-Family Residential (R-3) zone. Furthermore, a two-family home is required to provide either one, two-car garage or two, one-car garages per unit. Therefore, a deviation from the garage width standard does not authorize a use or activity which is not authorized by the zone. 27. That the minor variance is consistent with the general purpose and intent of the general plan and any applicable specific or master plans in that the proposed use is a two-family dwelling, consistent with the R-23 Residential designation as discussed above. The proposed garage width does not preclude development of the two-family dwelling. 28. That the minor variance is consistent with the general purpose and intent of the certified local coastal program and does not reduce or in any manner adversely affect the requirements for protection of coastal resources in that the granting of a Minor Variance is consistent with and implements the requirements of the Local Coastal Program. The variance will not have an adverse effect on coastal resources as discussed in Section “E” of the Staff Report and will have no impacts on sensitive environmental resources. Therefore, granting such a variance will not adversely affect the Local Coastal Program. General 29. 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 July 19, 2017 including, but not limited to the following: a. Land Use & Community Design – The two-family residential air-space condominium project is consistent with the elements and objectives of the General Plan as discussed in Section “A” of the project staff report. The project’s density of 12.5 du/ac is consistent with the R- 23 Residential (15-23 du/ac) General Plan Land Use designation since unit yields rounded- down that result in a density below the minimum density shall be considered consistent with the General Plan. Because the two unit project is below the maximum unit yield (three dwelling units) at the Growth Management Control Point (GMCP) of the R-23 Residential General Plan Land Use designation, one dwelling unit will be deposited into the City’s Excess Dwelling Unit Bank consistent with Housing Element Program 3.2 and City Council Policy No. 43. b. Mobility – The project will take access off of Cherry Avenue, which has full street improvements along its frontage. All public facilities including curb, gutter and sidewalk are existing or are conditioned to be built or reconstructed along the property frontage (Cherry Avenue). c. Noise – The project consists of a two-family dwelling and, therefore, a noise study is not required. However, the project has been conditioned to meet a 45 dB(a) CNEL interior noise level when openings to the exterior of the residence are open or closed. If openings are required to be closed to meet the interior noise standard, then mechanical ventilation shall be provided. PC RESO NO. 7255 -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 d. Housing – The two-family residential air-space condominium project is consistent with the Housing Element of the General Plan and the Inclusionary Housing Ordinance. The project has been conditioned to pay an affordable housing in-lieu fee for one unit unless building permits have not been applied for within two years of demolishing the existing single-family home on-site. Then, the project shall be required to pay housing in-lieu fees for two units. The in-lieu housing fees are conditioned to be paid prior to final map. e. Public Safety – The two-family residential air-space condominium project is located within a five minute response time of Fire Station No. 1 and has been designed to comply with the Fire Code, including provisions for an automatic sprinkler system within each dwelling unit. 30. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. d. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 31. That the project is consistent with the City’s Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 32. That the City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15303, New Construction or Conversion of Small Structures, of the state California Environmental Quality Act (CEQA) Guidelines, of the state CEQA Guidelines. 33. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of grading permit, building permit, or recordation of the Final Parcel Map, whichever comes first. PC RESO NO. 7255 -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 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Planned Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Planned Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the City arising, directly or indirectly, from (a) City’s approval and issuance of this Planned Development Permit, Site Development Plan, Coastal Development Permit, Minor Subdivision, and Minor Variance, (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. PC RESO NO. 7255 -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 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 9. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 10. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 11. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 12. Prior to the issuance of the grading permit, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Planned Development Permit, Site Development Plan, Coastal Development Permit, Minor Subdivision, and Minor Variance, by Resolution(s) No. 7255 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 13. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City’s Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. 14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Division and accompanied by the project’s building, improvement, and grading plans. 15. Developer shall establish a homeowner's association and corresponding covenants, conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner prior to final parcel map approval. Prior to issuance of a building permit, the Developer shall provide the Planning Division with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the City Planner. At a minimum, the CC&Rs shall contain the following provisions: PC RESO NO. 7255 -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 a. General Enforcement by the City: The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. b. Notice and Amendment: A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. c. Failure of Association to Maintain Common Area Lots and Easements: In the event that the Association fails to maintain the “Common Area Lots and/or the Association’s Easements” as provided in Article , Section the city shall have the right, but not the duty, to perform the necessary maintenance. If the city elects to perform such maintenance, the city shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the city finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association’s Easements within the period specified by the city’s notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. d. Special Assessments Levied by the City: In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association’s Easements, the city shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association’s Easements. The city shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the city will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the city, the city may levy a special assessment against the Owners of each Lot in the Project for an equal pro rata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the city with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. e. Landscape Maintenance Responsibilities: The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit ____________. f. Balconies, trellis, and decks: The individual lot or unit owner allowances and prohibitions regarding balconies, trellis, and decks shall be as set forth in Exhibit __________. PC RESO NO. 7255 -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 16. The developer shall pay to the city an inclusionary housing in lieu fee as an individual fee on a per market rate dwelling unit (one) basis in the amount in effect at the time, as established by City Council Resolution from time to time. If building permits are not applied for within two years of demolishing the existing unit, then the inclusionary housing in lieu fee will be paid for two units. 17. Prior to issuance of building permits, the Developer shall submit to the City Planner a recorded copy of the Condominium Plan filed with the Bureau of Real Estate which is in conformance with the City-approved documents and exhibits. 18. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 19. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. 20. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the City Planner and shall at least include a handout and a sign inside the sales facility, or inside each unit, stating the fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. 21. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the City Planner, in the sales office or inside each unit, at all times. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks, and streets. 22. Developer shall post a sign in the sales office, or inside each unit, in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. 23. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of an Outdoor Storage Plan, and thereafter comply with the approved plan. 24. Developer shall submit and obtain City Planner approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 25. Developer shall submit to the Building Division a mechanical ventilation plan for each unit prior to issuance of a building permit to demonstrate that the final project design meets a 45 dB(a) PC RESO NO. 7255 -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 CNEL interior noise level. Mechanical ventilation for each unit shall be shown on the plans submitted for building permit. A statement certifying that the required features have been incorporated into the building plans, signed by the acoustical analyst/acoustician shall be located on the building plans. Engineering: General 26. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 27. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. 28. Developer shall submit to the city engineer an acceptable instrument, via CC&Rs and/or other recorded document, addressing the maintenance, repair, and replacement of shared private improvements within this subdivision, including but not limited to private utilities, sidewalks, landscaping, low impact development features, and storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. 29. 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 30. 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. 31. Developer shall cause property owner to execute and submit to the city engineer for recordation the city’s standard form Drainage Hold Harmless Agreement. Grading 32. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a minor 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 33. 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 PC RESO NO. 7255 -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 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. 34. 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. 35. 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 36. Developer shall design all proposed public improvements including but not limited to sewer laterals, driveways, sidewalk, water services/meters, curb drains, and curb and gutter 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 37. 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. 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. 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 PC RESO NO. 7255 -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 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. d. 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 38. 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. 39. 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. 40. 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. Code Reminders: 41. This tentative map shall expire two years from the date on which the planning commission voted to approve this application. 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. 44. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final parcel map as required by Chapter 20.44 of the Carlsbad Municipal Code. 45. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 46. 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. 47. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 48. 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. PC RESO NO. 7255 -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 49. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 50. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 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. . . . . . . . . . . . . . . . . . . . . . . . . . . .