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HomeMy WebLinkAbout2019-05-01; Planning Commission; Resolution 7332PLANNING COMMISSION RESOLUTION NO. 7332 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT PERMIT, SITE DEVELOPMENT PLAN, COASTAL DEVELOPMENT PERMIT, AND TENTATIVE PARCEL MAP TO DEMOLISH TWO MULTI-FAMILY RESIDENTIAL STRUCTURES CONTAINING A TOTAL OF FOUR RESIDENTIAL UNITS AND A SEPARATE FOUR CAR GARAGE AND CONSTRUCT FOUR- DETACHED RESIDENTIAL AIR-SPACE CONDOMINIUMS ON A 0.26-ACRE INFILL SITE LOCATED AT 3861-3873 GARFIELD STREET, WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: REDWOOD BEACH HOMES CASE NO.: PUD 2018-0009/SDP 2018-0019/CDP 2018- 0044/MS 2018-0013 (DEV2018-0172) WHEREAS, Michael Enright, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as Lots 14 and 15 in block "G" of Palisades, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 1747, filed in the Office of the County Recorder of San Diego County, February 15,1923 ("the Property"); and WHEREAS, said verified application constitutes a request for a Planned Development Permit, Site Development Plan, Coastal development Permit, and Tentative Parcel Map as shown on Exhibit(s) "A" -"II" dated May 1, 2019, on file in the Planning Division, PUD 2018-0009/SDP 2018- 0019/CDP 2018-0044/MS 2018-0013 -REDWOOD BEACH HOMES, as provided by Chapt er 21.45, 21.06, 21.203, and 20.24 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on May 1, 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 Planned Development Permit, Site Development Plan, Coastal Development Permit, and Tentative Parcel Map. 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 APPROVES PUD 2018-0009/SDP 2018-0019/CDP 2018-0044/MS 2018-0013 -REDWOOD BEACH HOMES, 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 15.38 du/ac is within the R-23 density range of 15-23 du/ac and above the 15 du/ac that is used for the purpose of calculating the City's compliance with Government Code Section 65863. At the GMCP, 4.94 dwelling units, or 5 when rounded up per CMC Section 21.53.230(e), would be permitted on this 0.26 net-developable-acre property. As discussed in the project staff report, the project is consistent with all remaining development and design standards applicable to the property as contained in Chapters 21.24 (Residential Density -Multiple) Zone, 21.45 (Planned Developments) and 21.82 (Beach Area Overlay Zone) 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 four-unit residential. air-space condominium project is compatible with the surrounding single-, two-and multi-family residential uses as permitted by the Residential Density -Multiple (RD-M) Zone; and does not create any traffic circulation impacts as Redwood Avenue is adequately designed to accommodate the 32 average daily trips (ADT) being generated. 3. The project will not adversely affect the public health, safety, or general welfare, in that the four- unit residential air-space condominium project has been designed to comply with all applicable development standards to ensure compatibility with surrounding single-, two-and multi-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 four-unit, three-story residential air-space condominium project is an upgrade to the site and the surrounding neighborhood. The project is architecturally harmonious with the surrounding environment in that it is designed with a modern-beach influence. Primary building materials include smooth finish stucco, fiber composite wood siding, hardie siding, stone veneer, decorative metal trim, dark window frames which accents the light smooth stucco exterior, and glass balcony railing, respectfully. All elements (i.e. site layout, architecture, landscaping) create continuity in the overall project design. PC RESO NO. 7332 -2- 5. The project complies with City Council Policy No. 44 in that deviations from the policy are allowed if adequate justification is provided to specify how the purpose and intent of the policy is being achieved. The intent and purpose of guideline number nine are met by the project meeting the following goals: a. Visually interesting -The proposed four-unit building provides a front elevation offset and covered patios, fenced private yards, landscaped setbacks, and covered second- story balconies. The buildings have a variety of materials consisting of white smooth finish stucco, fiber composite wood siding, hardie fiber cement siding, stone veneer, decorative metal trim, dark window frames which accents the light smooth stucco exterior, and glass balcony railing, respectively. 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 provides articulation on each elevation. All buildings contain more than four different building planes, and a combination of covered porches and courtyards are setback in excess of five feet. All windows in all residences shall be recessed a minimum of 2 inches and contain dark frames. Lastly, the combination of recessed entries and covered decks create a look of smaller scale reducing bulk and creating variations from one residence to the next. 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 40.1 percent which is well below the 60 percent allowed. 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 5 residential units given the existing zoning (RD-M} and General Plan Land Use (R-23} while replacing two-detached multi-family residences. The project site is bordered by single-, two-and multi-family residential development that is all within the Residential-Density Multiple (RD-M} Zone. The four-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 designated guest parking. 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 two-detached multi-family residences and construction of four-detached air-space residential condominiums on a 0.26-acre infill site located at 3861 - 3873 Garfield Street. The site is surrounded by a mix of existing single-, two-and multiple- family residential developments. The proposed four-unit condominium project has a density of 15.38 du/ac is consistent with the R-23 Residential (15-23 du/ac) General Plan Land Use designation since is within the R-23 density range of 15-23 du/ac and above the 15 du/ac that PC RESO NO. 7332 -3- is used for the purpose of calculating the City's compliance with Government Code Section 65863. At the GMCP, 4.94 dwelling units, or 5 when rounded up per CMC Section 21.53.230(e), would be permitted on this 0.26 net-developable-acre property. Since the project does not exceed the GMCP, no allocation of "excess" dwelling units is required. 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 four-unit residential condominium use will not be detrimental to existing uses or to uses specifically permitted in the area in which the use is located in that, air-space condominiums are a use permitted within the Residential Density Multiple (RD-M) Zone and is compatible with the other residential uses surrounding the project site, including single-, two-and multiple-family residential. The four-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 32 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 RD-M 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 the four-unit 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 Residential Density-Multiple (RD-M) 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 four-unit 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 Residential Density-Multiple (RD-M) Zone, the Beach Area Overlay Zone (BAOZ), and the Planned Development Ordinance. Landscaping along the outer edge of the property, including the areas along Redwood 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 four-unit residential air-space condominium project will be accessed off of Redwood Avenue, which is identified as a local street, and is designed to adequately handle the 32 Average Daily Trips (ADT) generated by the project. The proposed project does not increase the number of residential . units on the site. Redwood 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-, two-and multi-family residential development by the Mello II LCP. The project consists of the demolition of an existing two-detached four-unit multi- PC RESO NO. 7332 -4- -family residence and construction of a four-unit residential air-space condominium project at a density of 15.38 du/acres on a 0.26 acre previously developed site. The proposed three-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. 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 four- unit 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 ofthe Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the four-unit 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 four-unit 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 Residential Density-Multiple (RD-M) Zone, the Beach Area Overlay Zone (BAOZ}, the Planned Development Ordinance, Growth Management Ordinance, and the R-23 Residential General Plan Land Use designation. PC RESO NO. 7332 -5- 16. That the proposed project is compatible with the surrounding future land uses since su_rrounding 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 all other required development standards and design criteria required by the Residential Density-Multiple (RD-M) Zone, the Planned Development Ordinance, and the Beach Area Overlay Zone (BAOZ) are incorporated into the four-unit residential air-space condominium project. 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 four-unit 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 four-unit 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 four-unit 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. General 24. 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 May 1, 2019 including, but not limited to the following: PC RESO NO. 7332 -6- a. Land Use & Community Design -The four-unit 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 proposed density of 15.38 du/ac is within the R-23 density range of 15-23 du/ac, and will not result in a net increase of residential units onsite. At the GMCP of 4.94 dwelling units, or 5 when rounded up per CMC Section 21.53.230(e), the project site is adequate in size to accommodate this project. Since the project is below the GMCP, one dwelling unit will be deposited in the City's excess Dwelling Unit Bank. Therefore, the project is consistent with Housing Element Program 3.2 and City Council Policy No. 43. b. Mobility -The project will take access off of Redwood 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 (Redwood Avenue and Garfield Street). c. Noise -The project consists of a four residential condominiums, 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. d. Housing -The four-unit residential air-space condominium project is consistent with the Housing Element of the General Plan and the lnclusionary Housing Ordinance. The project has been conditioned to pay an affordable housing in-lieu fee if building permits have not been applied for within two years of demolishing the existing multi-family residence on- site. Then, the project shall be required to pay housing in-lieu fees for four units. The in- lieu housing fees are conditioned to be paid prior to final map. 25. Public Safety -The four-unit 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. 26. 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. PC RESO NO. 7332 -7- 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. 27. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50}. 28. the City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15332, In-Fill Development Project, of the state California Environmental Quality Act (CEQA) Guidelines, of the state CEQA Guidelines. 29. 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. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the city's approval of this Planned Development Permit, Site Development Plan, Coastal Development Permit, and Tentative Parcel Map. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Planned Development Permit, Site Development Plan, Coastal Development Permit, and Tentative Parcel Map documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such PC RESO NO. 7332 -8- condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of · Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly, from (a) city's approval and issuance of this Planned Development Permit, Site Development Plan, Coastal Development Permit, and Minor Subdivision, (b) city's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the city's approval is not validated. 6. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Tentative Map/Site Plan, conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision making body. The copy shall be submitted to the City Planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 9. This approval shall become null and void if_ building permits are not issued for this project within 24 months from the date of project approval. 10. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 11. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. PC RESO NO. 7332 -9- 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, and Minor Subdivision, by Resolution(s) No. 7332 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: 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 PC RESO NO. 7332 -10- specified by t~e 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 ____ _ 16. A project may be exempt from the inclusionary housing requirement if the construction of new residential structures replace residential structures that were demolished within two years prior to the application for a building permit for the new residential structures. The exemption is contingent upon the number of .residential units (four) not being increased from the number of residential units in the previously demolished residential structure. Since there will not be an increase in the number of units on the property, the project will be exempt from the inclusionary housing requirement if building permits are issued within two years of the demolition of the existing residential structure. If building permits are not applied for within two years of demolishing the existing units, then the applicant/developer shall pay the inclusionary housing in lieu fee for four 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. PC RESO NO. 7332 -11- 18. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the 1 License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFO #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 locati.on 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. Developer shall submit and obtain City Planner approval of an exterior lighting plan including parking areas. Al.I lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 24. Developer shall submit to the Building Division a mechanical ventilation plan for each unit prior to issuance of a building permit to demonstrate that the final project design meets a 45 dB(a) CNEL interior noise level. Mechanical ventilation for each unit shall be shown on the plans submitted for building permit. A statement certifying that the required features have been incorporated into the building plans, signed by the acoustical analyst/acoustician shall be located on the building plans. 25. Developer shall submit and obtain City Planner approval of decorative pavement in the drive- aisles to be consistent with the Planned Development standards. Engineering: PC RESO NO. 7332 -12- 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, street trees, 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. 32. 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 33. 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. 34. This project may require off site grading. No grading for private improvements shall occur outside the project unless developer obtains, records, and submits a recorded copy, to the city engineer, a temporary grading, construction or slope easement or agreement from the owners of the affected properties. If developer is unable to obtain the temporary grading or slope easement, or agreement, no grading permit will be issued. In that case developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the PC RESO NO. 7332 -13- project and apply for and obtain a finding of substantial conformance and/or consistency determination from both the city engineer and city planner. 35. Prior to approval of the grading plans, the applicant 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 ofthe construction trailer, material staging, material deliveries, 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. All material staging, construction trailers, bathroom facilities, etc. shall be located outside the public right-of-way unless otherwise approved by the city engineer or Construction Management & Inspection engineering manager. Storm Water Quality 36. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 37. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shal.l 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. 38. 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 39. Developer shall cause owner to dedicate to the city and/or other appropriate entities an easement for public street & public utility purposes as shown on the tentative map. The offer shall be made by a certificate on the final map. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Streets that are already public are not required to be rededicated. Additional easements may be required at final design to the satisfaction of the city engineer. PC RESO NO. 7332 -14- 40. Developer shall design all proposed public improvements including but not limited to sewer lateral, pedestrian ramp, driveway, sidewalk, water services/meters, curb drains, curb and gutter, sewer manhole, sewer main, and asphalt concrete pavement as shown on the tentative map. These improvements shall be shown on Grading plans processed in conjunction with this project. Developer shall pay plan check and inspection fees using improvement valuations in accordance with the city's cu rrent fee schedule. Developer shall execute a city standard Subdivision Improvement Agreement to install said improvements and shall post security in accordance with C.M.C. Section 20.16.070. Developer shall apply for and obtain a right-of-way permit prior to performing work in the city right-of-way. Non-Mapping Notes 41. Add the following notes to the final map as non-mapping data: a. Developer has executed a city standard Subdivision Improvement Agreement and has posted security in accordance with C.M.C. Section 20.16.070 to install public improvements shown on the tentative map. These improvements include, but are not limited to: i. sewer lateral ii. pedestrian ramp iii. driveway iv. sidewalk V. water services/meters vi. curb drains vii. curb and gutter viii. sewer manhole ix. sewer main X. asphalt concrete pavement b. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. c. Geotechnical Caution: 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. d. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the city approved development plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the city approved development plans. PC RESO NO. 7332 -15- Utilities e. There are no public park or recreational facilities to be located in whole or in part within this subdivision. The subdivider is therefore obligated to pay park-in-lieu fees in accordance with section 20.44.050 of the Carlsbad Municipal Code and has either paid all of said park in-lieu fees or agreed to pay all of said park-in-lieu fees in accordance with section 20.16.070 of the Carlsbad Municipal Code. 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 grading 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 grading plans. 44. The developer shall design and agree to construct public water, sewer, and recycled water facilities substantially as shown on the tentative map to the satisfaction of the district engineer and city engineer. Code Reminders 45. This tentative map shall expire two years from the date on which the planning commission voted to approve this application. 46. 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. 47. 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. 48. 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. 49. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 50. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050. 51. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 52. 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. 7332 -16- 53. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 54. 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 offinal 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, o'r 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. PC RESO NO. 7332 -17- PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on May 1, 2019, by the following vote, to wit: AYES: Chair Luna, Commissioners Anderson, Geidner, Lafferty, and Meenes NOES: ABSENT: Commissioner Merz ABSTAIN: Commissioner Stine CAROLYN LUNA, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7332 -18-