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HomeMy WebLinkAbout2019-04-03; Planning Commission; Resolution 7326PLANNING COMMISSION RESOLUTION NO. 7326 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP AND SITE DEVELOPMENT PLAN TO CONSTRUCT A FIVE-UNIT, RESIDENTIAL AIR-SPACE CONDOMINIUM PROJECT ON A 0.22-ACRE SITE LOCATED AT 2569 ROOSEVELT STREET IN THE VILLAGE GENERAL (VG) DISTRICT OF THE VILLAGE AND BARRIO MASTER PLAN AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: ROOSEVELTTOWNHOMES CASE NO.: CT 2017-0006/SDP 2018-0013 (DEV2017-0213) WHEREAS, 2569 Roosevelt, LLC, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as The Northwesterly half of the Northwesterly half of Lot 22 of Seaside Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1722, filed in the Office of the County Recorder of San Diego County, July 28, 1921. Excepting therefrom that portion thereof described as follows: The most Easterly portion, 8 feet in width, along the Easterly Boundary of said lot bearing North 34 degrees, 33 minutes West and 62.165 feet in length, as granted to the City of Carlsbad on document recorded June 28, 1991 as Instrument No. 1991-0316665, of Official Records ("the Property"); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map and Site Development Plan as shown on Exhibit(s) "A" -"R" dated April 3, 2019, on file in the Planning Division CT 2017-0006/SDP 2018-0013-ROOSEVELT TOWN HOMES, as provided by Chapters 20.12, 21.06, and 21.35 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on April 3, 2019, 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 Tentative Tract Map and Site Development Plan. 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 CT 2017-0006/SDP 2018-0013 -ROOSEVELT TOWNHOMES, based on the following findings and subject to the following conditions: Findings: Tentative Tract Map CT 2017-0006 1. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the proposed one lot tentative tract map for a five-unit residential air-space condominium subdivision is consistent with the General Plan as described below and satisfies all minimum requirements of the Village and Barrio Master Plan, and Titles 20 and 21 of the Carlsbad Municipal Code with respect to public facilities, access and parking as discussed below and in the project staff report dated April 3, 2019. 2. That the proposed project is compatible with the surrounding future land uses since surrounding properties are developed, are currently designated as Village-Barrio (VB) in the General Plan and are located in the Village General (VG) District or Village Center (VC) District of the Village and Barrio Master Plan. The subject property in the VG District is bordered to the north by a parking lot used for an existing commercial development, to the south by an existing auto repair business, to the west by a warehouse/photography studio, and to the east by a professional office building. The adjacent properties to the north, south and east are also located within the VG District of the Village and Barrio Master Plan (VBMP). The property to the west is located within the Village Center (VC) District of the VBMP which allows a wide variety of uses. Residential uses are permitted by right in the VG District. Given the variety of uses allowed in the surrounding VG and VC districts, the proposed five-unit residential air-space condominium project is compatible with existing and future land uses. 3. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that the VG District within the VBMP allows residential development at a density range of 18 to 23 dwelling units per acre. Based on a net acreage of 0.22 acres, the proposed five-unit residential condominium units have a density of 22.7 dwelling units per acre. As the proposed project falls within the allowable density range and meets all required development standards, the project site will accommodate the proposed density. 4. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the project has been designed and conditioned such that there are no conflicts with established easements. 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 6. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that structures have been designed to include operable windows on all elevations and balconies to maximize exposure of each unit to natural light and ventilation from nearby coastal breezes. PC RESO NO. 7326 -2- 7. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the city and available fiscal and environmental resources in that the proposed five-unit residential project is conditioned to pay an inclusionary housing fee for four units, or five units if building permits for the five-unit project have not been applied for by February 28, 2021 (two years from demolition of the former single-family home). 8. 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 previously developed lot is devoid of sensitive vegetation and any natural water features. Therefore, the proposed project does not impact any fish, wildlife or habitat. 9. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management Practices for water quality protection in accordance with the City's sewer and drainage standards and the project is conditioned to comply with the National Pollutant Discharge Elimination System (NPDES) requirements. Site Development Plan SDP 2018-0013 10. That the proposed development or use is consistent with the General Plan and any applicable master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the Carlsbad Municipal Code, and all other applicable provisions of this code, in that the proposed one lot tentative tract map for a five-unit residential air-space condominium subdivision is consistent with the General Plan as described below and satisfies all minimum requirements of the Village and Barrio Master Plan, and Titles 20 and 21 of the Carlsbad Municipal Code with respect to public facilities, access and parking as discussed below and in the project staff report dated April 3, 2019. 11. That the requested development or use is properly related to the site, surroundings and environmental settings, will not be detrimental to existing development or uses or .to development or uses specifically permitted in the area in which the proposed development or use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the project consists of the construction of a five-unit residential air-space condominium project on a 0.22 acre infill site located at 2569 Roosevelt Street within the VG District of the VBMP. The adjacent properties to the north, south and east are also located within the VG District of the VBMP. The property to the west is located within the VC District of the VBMP which allows a wide variety of uses. Residential uses are permitted by right in the VG District. Given the variety of uses allowed in the surrounding VG and VC districts, the proposed five-unit residential air-space condominium project is compatible with existing and future land uses. The five-unit residential air-space condominium project will not adversely impact the site, surroundings, or traffic circulation in that the existing surrounding streets have adequate capacity to accommodate the 40 Average Daily Trips (ADT) generated by the project. The project complies with all minimum development standards of the VG District and the VBMP, and the project is adequately parked on-site and does not result in any significant environmental impacts. 12. That the site for the intended development or use is adequate in size and shape to accommodate the use, in that the VG District within the VBMP allows residential development at a density . range of 18 to 23 dwelling units per acre. Based on a net acreage of 0.22 acres, the proposed five-unit residential condominium units have a density of 22.7 dwelling units per acre. As the PC RESO NO. 7326 -3- proposed project falls within the allowable density range and meets all required development standards, the project will accommodate the proposed density. 13. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested development or use to existing or permitted future development or use in the neighborhood will be provided and maintained, in that as demonstrated in the project staff report, the five-unit residential air-space condominium project complies with all development standards (i.e. setbacks, lot coverage, parking, and height restrictions) of the VG District and the VBMP. Landscaping along the outer edge of the property, including the areas along Roosevelt Street, 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. 14. That the street systems serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use, in that the five-unit residential air-space condominium project will take access from Roosevelt Street, which is identified as a local street, and is designed to adequately handle the 40 Average Daily Trips (ADT) generated by the project. Roosevelt Street is already improved with pavement, curb, gutter and sidewalks. The project will reconstruct portions of the curb, gutter and sidewalk along the project frontage due to the modification of the driveway. City Council Policy No. 43, Allocation for Excess Dwelling Units 15. That the project location and density are compatible with the existing adjacent residential neighborhoods and/or nearby existing or planned uses in that the surrounding properties are developed, are currently designated as VB in the General Plan and are located in the VG District or VC District, of the Village and Barrio Master Plan. The subject property in the VG District is bordered to the north by a parking lot used for an existing commercial development, to the south by an existing auto repair business, to the west by a warehouse/photography studio, and to the east by a professional office building. The adjacent properties to the north, south and east are also located within the VG District of the VBMP. The property to the west is located within the VC District of the VBMP which allows a wide variety of uses. Residential uses are permitted by right in the VG District. Given the variety of uses allowed in the surrounding VG and VC districts, the proposed five-unit air-space condominium project is compatible with existing and future land uses. 16. 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 VG District within the VBMP allows residential development at a density range of 18 to 23 dwelling units per acre. Based on a net acreage of 0.22 acres, the proposed five-unit residential condominium units have a density of 22.7 dwelling units per acre. As the proposed project falls within the allowable density range and meets all required development standards, the project is consistent with the General Plan and VBMP. 17. That there are an adequate number of units in the Excess Dwelling Unit Bank in the Village to allocate four (4) units (net unit increase on-site). Per the city's Quadrant Dwelling Unit Report dated January 31, 2019, 571 units remain available for allocation in the Village. PC RESO NO. 7326 -4- General 18. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the city's General Plan, and the development standards of the Village and Barrio Master Plan, based on the facts set forth in the staff report dated April 3, 2019 including, but not limited to the following:. a. Land Use -The proposed project, which includes the construction of five new residential condominiums, would enhance the vitality of the Village by providing new residential land uses near the downtown core area. The project reinforces the pedestrian orientation desired for the downtown area by providing residents an opportunity to walk to shopping, recreation, and mass transit functions. The project's proximity to existing bus routes and mass transit would help to further the goal of providing new economic development near transportation corridors. Overall, the residential project would contribute to the revitalization of the Village area. b. Mobility-The proposed project has been designed to meet circulation requirements, which include maintaining or enhancing frontage improvements consisting of sidewalks and landscaping. In addition, the applicant would be required to pay traffic impact fees prior to the issuance of building permits that would go toward future road improvements. The proposed project is located approximately one-third mile from the Carlsbad Village train station which provides rail and bus service throughout the day. The project's proximity to the transit station would provide residents with the opportunity to commute to major job centers, thereby reducing vehicle miles traveled (VMTs) and their carbon footprint. Furthermore, the project supports walkability and mobility by locating the project near existing goods and services within the Village. c. Noise -The proposed project is consistent with the Noise Element of the General Plan in that the project's building design, with windows closed, adequately attenuates the noise levels for the new condominiums as described in the noise analysis report (ABC Acoustics, Inc., dated August 28, 2017). Since the windows are required to be closed to meet a 45 dB(a) CNEL interior noise level, mechanical ventilation is conditioned to be required. d. Housing -The inclusionary housing requirement may be satisfied through the payment of an in-lieu fee for projects that have less than seven units. Therefore, the project has been conditioned to require the payment of the housing in-lieu fee for four (4) units prior to issuance of a building permit, or payment for five units if building permits are not applied for by February 28, 2021 (two years from demolition of the former single-family home). e. Public Safety-The proposed structural improvements would be required to meet all seismic design standards. In addition, the proposed project is consistent with the applicable fire safety requirements. The project would be required to develop and implement a program of "best management practices" for the elimination and reduction of pollutants which enter into and/or are transported within storm drainage facilities. The project has been conditioned to pay all applicable public facilities fees for Zone 1 and meet with the fire marshal to determine if public fire hydrants are required. f. VG District Standards -The project as designed is consistent with the development standards for the VG District, the VBMP Design Guidelines and all other applicable regulations set forth in the VBMP as discussed in the project staff report. The project is not PC RESO NO. 7326 -5- requesting any deviations to the development standards and all required parking is located on-site. 19. 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. 20. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 21. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1. 22. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted city standards. 23. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape Ordinance {Carlsbad Municipal Code Chapter 18.50). 24. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a grading or building permit, or approval 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 PC RESO NO. 7326 -6- according to their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the city's approval of this Tentative Tract Map and Site Development Plan. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map and Site Development Plan documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, -and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly, from (a) city's approval and issuance of this Tentative Tract Map and Site Development Plan, (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, orfinal map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Tentative Map, 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. PC RESO NO. 7326 -7- 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 approval of the Final Map, Developer shall submit to the city a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a(n) Tentative Tract Map and Site Development Plan by Resolution(s) No. 7326 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. The project is subject to the Prescriptive Compliance Option (PCO) of the City of Carlsbad's Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the PCO plan approved as part of this project and on file in the Planning Division. Prior to issuance of a building permit, Developer shal_l submit an application pursuant to the landscape plancheck process on file in the Planning Division; however, no landscape plans are required, and Developer shall only be responsible to pay the landscape inspection fee, with said application. The approved PCO plan will be utilized by the city as part of the project's final inspection process. 14. Developer shall establish a homeowner's association and corresponding covenants, conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner prior to final map approval. Prior to issuance of a building permit, the Developer shall provide the Planning Division with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the City Planner. At a minimum, the CC&Rs shall contain the following provisions: a. General Enforcement by the City: The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. b. Notice and Amendment: A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. PC RESO NO. 7326 -8- 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 ____ _ 15. This project is being approved as a condominium permit for residential ownership purposes. If any of the residential units in the project are rented, the minimum time increment for such rental shall be not less than 31 days. The CC&Rs for the project shall include this requirement. Should the City Council adopt an ordinance that would permit rental of the units for less than 31 days, this condition shall be null and void. 16. Prior to issuance of building permits, the Developer shall submit to the City Planner a recorded copy of the Condominium Plan filed with the Department of Real Estate which is in conformance with the City-approved documents and exhibits. PC RESO NO. 7326 -9- 17. 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. 18. 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 fut1,.1re 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. 19. 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. 20. 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. 21. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of an Outdoor Storage Plan, and thereafter comply with the approved plan . 22. 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. 23. Prior to issuance of building permits, the Developer shall pay to the city an inclusionary housing in-lieu fee as an individual fee on a per market rate dwelling unit basis 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 by February 28, 2021 (two years from demolition of the former single-family home), credit will no longer be given for the former single-family home and an in-lieu fee shall be paid for all five (S) units instead of for four (4) units. 24. Mechanical ventilation for each unit shall be shown on the plans submitted for building permit since windows are required to be closed to meet the maximum 45 dB(a) CNEL interior noise level. Engineering General 25. 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. 7326 -10- 26. 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. 27. 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 driveways, utilities, street trees, sidewalks, landscaping, lighting, enhanced paving, water quality treatment measures, 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. 28. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this condition. Fees/ Agreements 29. 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. 30. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 31. Developer shall cause owner to execute, for recordation, a city standard Local Improvement District Agreement to pay fair share contributions for undergrounding of all existing overhead utilities and installation of street lights, as needed, along the subdivision frontage, should a future district be formed. Grading 32. 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. 33. Prior to issuance grading plan approval, 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 Quality 34. 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. 7326 -11- discharge of pollutants to stormwater, receiving water or stormwater conveyance s-ystem to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 35. 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. 36. 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. Ded ications/1 m provements 37. 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. 38. Developer shall design all proposed public improvements including but not limited to sewer lateral, driveways, sidewalk and water services/meters as shown on the tentative map. These improvements shall be shown on one of the following, s_ubject 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. 39. Developer shall design, and obtain approval from the city engineer, the structural section for the access aisles with a traffic index of 5.0 in accordance with city standards due to truck access through the parking area and/or aisles with an ADT greater than 500. Prior to completion of grading, the final structural pavement design of the aisle ways shall be submitted together with required R-value soil test information subject to the, review and approval of the city engineer. 40. Developer shall provide all-weather maintenance access roads to the public drainage facilities (e.g.: headwalls, rip-rap field, etc.) for this project to the satisfaction of the city engineer. Where maintenance access roads are not practical and/or permitted, developer shall incorporate low- maintenance design features to the satisfaction of the city engineer. Non-Mapping Notes PC RESO NO. 7326 -12- 41. Add thefollowing notes to the final map as non-mapping data: Utilities a. ·Developer has executed a city standard Subdivision Improvement Agreement and has posted security in accordance with C.M .C. Section 20.16.070 to install public improvements shown on the tentative map. These improvements include, but are not limited to: i. Water services. ii. Sewer service. iii. Driveway approach and sidewalk. b. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. c. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. d. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans standards. e. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the city approved development plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the city approved development plans. f. There are no public park or recreational facilities to be located in whole or in part within this subdivision. The subdivider is therefore obligated to pay park-in-lieu fees in accordance with section 20.44.050 of the Carlsbad Municipal Code and has either paid all of said park in-lieu fees or agreed to pay all of said park-in-lieu fees in accordance with section 20.16,070 of the Carlsbad Municipal Code. 42. 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. · 43 . 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. PC RESO NO. 7326 -13- Code Reminders 44. 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. 45. 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. 46. Subdivider shall comply with Section 20.16.040(d) of the Carlsbad Municipal Code regarding the undergrounding of existing overhead utilities. 47. Developer shall pay park-in-lieu fees in accordance with Section 20.44 of the City of Carlsbad Municipal Code to the satisfaction of the City Engineer. 48. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 49. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050. 50. Developer shall pay a landscape inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 51. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 52. This project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 53 . Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 54. Any signs proposed for this development shall at a minimum be designed in conformance with the city's Sign Ordinance and shall require review and approval of the City Planner prior to installation of such signs. NOTICE 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. PC RESO NO. 7326 -14- 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. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on April 3, 2019, by the following vote, to wit: AYES: Chair Luna, Commissioners Anderson, Geidner, Lafferty, Meenes, and Merz NOES: ABSENT: ABSTAIN: Commissioner Stine CAROLYN LUNA, Chair CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7326 -15-