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HomeMy WebLinkAbout2019-07-17; Planning Commission; Resolution 7342PLANNING COMMISSION RESOLUTION NO. 7342 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL FOR A TENTATIVE TRACT MAP, MAJOR REVIEW PERMIT, COASTAL DEVELOPMENT PERMIT, HILLSIDE DEVELOPMENT PERMIT AND HABITAT MANAGEMENT PERMIT FOR THE DEMOLITION OF AN EXISTING MEDICAL OFFICE BUILDING AND SINGLE-FAMILY DWELLING; THE SUBDIVISION OF AN APPROXIMATELY 0.75-ACRE PARCEL INTO TWO LOTS AND 13 AIRSPACE RESIDENTIAL CONDOMINIUM UNITS; AND THE DEVELOPMENT OF 13 DETACHED SINGLE-FAMILY CONDOMINIUMS WITH EXCLUSIVE USE AREAS ON PROPERTY LOCATED AT 570-580 LAGUNA DRIVE WITHIN THE RESIDENTIAL SUPPORT AREA (LAND USE DISTRICT 4) OF THE VILLAGE REVIEW (V-R) ZONE, MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: LAGUNA DRIVE SUBDIVISION CASE NO.: CT 2018-0006 / RP 2018-0008 / CDP 2018-0032 / HDP 2018-0003 / HMP 2018-0003 (DEV2017-0237) WHEREAS, Brett Farrow, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by The Virginia H. Murphy Trust, "Owner," described as The easterly 120 feet measured along Laguna Drive of the following described property: That portion of Lot 1, Section 1, Township 12 South, Range 5 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to United States Government Survey approved June 22, 1883 ("the Property"); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map, Major Review Permit, Coastal Development Permit, Hillside Development Permit and Habitat Management Permit as shown on Exhibit(s) "A" -"U" dated July 17, 2019, on file in the Planning Division CT 2018- 0006/RP 2018-0008/CDP 2018-0032/HDP 2018-0003/HMP 2018-0003 -LAGUNA DRIVE SUBDIVISION, as provided by Chapters 20.12, 21.35, 21.95, 21.201 and 21.210 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on July 17, 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, Major Review Permit, Coastal Development Permit, Hillside Development Permit and Habitat Management Permit. 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 2018-0006/RP 2018-0008/CDP 2018-0032/HDP 2018- 0003/HMP 2018-0003 -LAGUNA DRIVE SUBDIVISION, based on the following findings and subject to the following conditions: Findings: Tentative Tract Map, CT 2018-0006 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 two lot tentative tract map for a 13-airspace-condominium subdivision is consistent with the General Plan and satisfies all minimum requirements of the Carlsbad Village Master Plan and Design Manual (VMP), and Carlsbad Municipal Code Titles 20 and 21 with respect to public facilities, access and parking as discussed in the project staff report. 2. That the proposed project is compatible with the surrounding future land uses since surrounding properties are developed and are currently designated as either Village (V), R-4 Residential, R- 15 Residential, or Open Space (OS) on the General Plan Land Use Map. The subject property is bordered by open space and existing single-family residential to the north, multiple-family residential to the south, a mixture of office and single-family residential to the east and office to the west. Pursuant to the Land Use District 4 (Residential Support Area) of the Village Master Plan and Design Manual (VMP), the intent is to provide for a mix of higher quality commercial and residential uses in this area which will provide positive support for Land Use District 1 (Village Center) and reinforce the Village Area north of Beech Street as a quality residential neighborhood. The Residential Support Area also encourages a wide variety of housing types (houses, condominiums and apartments) and sizes to be located in close proximity to shops, restaurants and the commuter rail serving downtown San Diego. For those properties with the same designation and that are developed with office and multiple-family residential uses to the south and west, the proposed three-story tall detached residential condominium units are compatible. For those existing residentially designated properties that are adjacent to the proposed development on the north and east sides and are also located outside of the VMP boundaries, the proposed residential use is compatible with the existing residential uses. To enhance the projects compatibility with adjacent single-family residential, the project development is set back approximately 10 feet along the majority of the east property line where a zero-foot setback is allowed. The project is also set back over 34 feet from the north property line and is plotting Units 10-13 at an off-angle in order to provide for greater depth, articulation and visual interest. The 5:12 roof pitch for the majority of the structures is oriented PC RESO NO. 7342 -2- downward toward the east property line so as to reduce massing at the property lines. For those properties designated as OS, the development footprint for the project has been set back 100 feet from all wetlands. Additionally, all portions of the property that are encumbered by the 100-foot-wide wetland buffer have been placed into a separate open space lot which is further protected by an open space easement as conditioned. Lastly, the project will also restore disturbed areas or areas of non-native habitat with native habitat where there was development previously. 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 Village (V) General Plan Land Use designation allows residential development at a density range of 28 to 35 dwelling units per acre. Based on a net acreage of 0.46 acres, the proposed 13 airspace single-family residential condominium units have a density of 28.3 dwelling units per acre. 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 the proposed residential units have an east-west orientation thereby allowing for passive or natural solar heating and cooling opportunities. 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 and that the proposed housing can be adequately served by the existing public services and no new facilities are required. 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 staff has conducted an environmental impact assessment to determine if the project could have any potentially significant impacts on the environment. The environmental impact assessment identified potentially significant impacts to Biological Resources, Cultural/Paleontological Resources, Hazards/Hazardous Materials, Noise, and Tribal Cultural Resources. Mitigation measures have been incorporated into the design of the project and the Mitigation Monitoring and Reporting Program (MMRP) such that all potentially significant impacts will be mitigated to below a level of significance. In general, the development area of the project site has been previously developed, and the new project development footprint has been set back much further from the lagoon edge than the existing development. The proposed project is providing a 100-foot-wide buffer from wetland habitat pursuant to the city's Habitat Management Plan (HMP), which will be situated within a separate open space lot from the development and revegetated with native plants. To avoid increased urban runoff, pollutants, and soil erosion, the project .will adhere to the city's Master Drainage Plan, Grading Ordinance, PC RESO NO. 7342 -3- Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP). 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 will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants, and soil erosion. Major Review Permit, RP 2018-0008 10. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan, Village Review (V-R) Zone, and Carlsbad Village Master Plan and Design Manual (VMP), based on the facts set forth in the staff report dated July 17, 2019 including, but not limited to the following: a. Land Use & Community Design -Develop a distinct identity for the Village by encouraging a variety of uses and activities, such as a mix of residential, commercial office, restaurants and specialty retail shops, which traditionally locate in a pedestrian-oriented downtown area and attract visitors and residents from across the community by creating a lively, interesting social environment (Goal 2-G.30); and seek an increased presence of both residents and activity in the Village with new development, particularly residential, including residential as part of a mixed-use development, as well as commercial, entertainment and cultural uses that serve both residents and visitors (Policy 2-P.70): The proposal to construct 13 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, restaurants, recreation, and mass transit functions. The project's proximity to existing bus routes and mass transit help further the goal of providing new economic development near transportation corridors. Overall, the residential project provides a higher quality residential support use which will contribute toward the revitalization of the Village area in general, and reinforces the Village area north of Beech Street as a quality residential neighborhood. b. Mobility -Require developers to construct or pay their fair share toward improvements for all travel modes consistent with the Mobility Element, the Growth Management Plan, and specific impacts associated with their development (Policy 3-P.5): 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 is required to pay traffic impact fees prior to the issuance of building permits that would go toward future road improvements. c. Mobility -Improve connectivity for residents, visitors and businesses (Goal 3-G.2); and provide inviting streetscapes that encourage walking and promote livable streets (Goal 3- G.3): Laguna Drive can accommodate the estimated average daily trips (ADTs) in that the proposed project generates 12 fewer ADTs than the combined existing uses. The proposed project is also located approximately one-third of a 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 PC RESO NO. 7342 -4- the carbon footprint. Lastly, the project proposes a landscaped frontage with street trees to further accentuate an already inviting neighborhood streetscape and also supports walkability and mobility by locating near existing goods and services within the Village. d. Open Space & Conservation -Protect environmentally sensitive lands, wildlife habitats, and rare, threatened or endangered plant and animal communities (Goal 4-G.3}. Maintain and implement the city's Habitat Management Plan (HMP}, including the requirement that all development projects comply with the HMP and related documents. Require assessments of biological resources prior to approval of any development on sites with sensitive habitat (Policy 4-P.9}: A Biological Technical Report (BTR) was prepared for the site and determined that there will be impacts to 0.09 acres of disturbed land (Habitat Group F). Impacts to Habitat Group F will be satisfied through payment of an in-lieu fee. No impacts will occur to 0.01 acres of onsite Coastal and Valley Freshwater Marsh (Habitat Group A) in that the project has been designed to include a 100-foot wetland buffer, all of which is located in an open space lot separate from the development area. e. Open Space & Conservation -Require developments to incorporate structural and non- structural best management practices (BMPs} to mitigate or reduce the projected increases in pollutant loads. Do not allow post-development runoff from a site that would cause or contribute to an exceedance of receiving water quality objectives or has not been reduced to the maximum extent practicable (Policy 4-P.58}: The project will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants, and soil erosion. f. Open Space & Conservation -Coordinate the planning of park facilities and trails with other recreation-oriented land uses such as open space (Goal 4-G.8}; and obtain an irrevocable offer to dedicate or a permanent easement for multi-use trails on privately owned property where feasible, and where trails are proposed as part of the Carlsbad trail system (Policy 4-P.43}: The project is conditioned to require an irrevocable offer of dedication for a 25-foot-wide lateral public access easement through private property per the Mello II Segment of the Local Coastal Program. g. Noise -Ensure that new development is compatible with the noise environment, by continuing to use potential noise exposure as a criterion in land use planning (Goal 5-G.2}: The project will not result in exposure of persons to or generation of noise levels in excess of standards established in the City's General Plan or Noise Guidelines Manual. The proposed residential subdivision is located outside the 60 dB(A) CNEL noise contour as indicated in the City of Carlsbad's General Plan Noise Element and Noise Guidelines Manual (Carlsbad Future Noise Exposure Contours Map, forecast year 2035). A Noise Technical Report (Dudek, September 2018) confirmed the above, but also identified some short-term (i.e., temporary) noise impacts during construction and long-term operational noise impacts that may occur from HVAC mechanical noise associated with new residential development. Mitigation measures addressing both the short-and long-term noise impacts from the project are included in the Mitigation Monitoring and Reporting Programs and reduce impacts to a less-than-significant level. PC RESO NO. 7342 -5- h. · Public Safety -Minimize injury, loss of life, and damage to property resulting from fire, flood, hazardous material release, or seismic disasters (Goal 6-G.1); enforce the requirements of Titles 18, 20, and 21 pertaining to drainage and flood control when reviewing applications for building permits and subdivisions (Policy 6-P.6); enforce the Uniform Building and Fire codes, adopted by the city, to provide fire protection standards for all existing and proposed structures (Policy 6-P.34); and ensure all new development complies with all applicable regulations regarding the provision of public utilities and facilities (Policy 6-P.39): The proposed structural improvements are required to meet all seismic design standards and will include fire sprinklers for each unit. Additionally, Units 1-6, which are located adjacent to open space and Buena Vista Lagoon, are conditioned to employ under deck/patio fire sprinklers. The project is also required to develop and implement a program of "best management practices" for the elimination and reduction of pollutants which enter and/or are transported within storm drainage facilities and has been conditioned to pay all applicable public facilities fees for Zone 1. i. Housing -Pursuant to the lnclusionary Housing Ordinance, require affordability for lower income households of a minimum of 15 percent of all residential ownership and qualifying rental projects (Policy 10-P.15): As 13 units are proposed, not less than 15 percent of the total units, or two units, shall be constructed and restricted both as to occupancy and affordability to lower-income households. Pursuant to CMC Section 21.85.070, when new construction is determined to be infeasible or presents a hardship, alternatives to the construction of units onsite include a contribution to a special needs housing project or program. On April 28, 2018, the city's Housing Policy Team recommended approval of the applicant's request to purchase two affordable housing credits from the Tavarua senior affordable apartments located in the Northwest Quadrant of the city. The project has been conditioned to enter into an Affordable Housing Agreement prior to the approval of the final map. The Agreement will require the developer to purchase two affordable housing credits within the Tavarua senior affordable apartments at time of building permit issuance. j. Land Use District 4 Standards -The project as designed is consistent with the development standards for Land Use District 4, the Village Design Guidelines and other applicable regulations set forth in the Carlsbad Village Master Plan and Design Manual (VMP) as discussed in the project staff report. The project is not requesting any deviations to the development standards. Coastal Development Permit, CDP 2018-0032 11. That the proposed development is in conformance with the Certified Local Coastal Program (Mello II Segment) and all applicable policies, in that the project consists of demolition of an existing office building and single-family residence followed by the subdivision and development of the project site with 13 new single-family residential condominiums on a parcel of land designated for residential development. Additionally, the project provides measures adequate to mitigate impacts to onsite habitat and includes erosion control measures that protect down slope coastal resources. Lastly, no agricultural activities, sensitive resources, geological instability, flood hazard, or coastal access opportunities exist onsite, and the development does not obstruct views of the coastline as seen from public lands or public right- of-way or otherwise damage the visual beauty of the coastal zone. PC RESO NO. 7342 -6- 12. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that an irrevocable offer of dedication for a 25-foot-wide lateral public access way is labeled on the project exhibit upland of the environmentally sensitive areas and has also been made a condition of approval in order to provide the public with the right of lateral access along the Buena Vista Lagoon edge. 13. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance} in that the project will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design ·Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants, and soil erosion. No development is proposed on natural steep slopes (i::25 percent gradient) and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. 14. The project is consistent with the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance} in that no portion of the proposed single-family residences have been sited any further seaward then those allowed by a line drawn between the adjacent structures to the east and west; and an irrevocable offer of dedication for a 25- foot-wide lateral public access way is labeled on the project exhibit upland of the environmentally sensitive areas and has also been made a condition of approval in order to provide the public with the right of lateral access along the Buena Vista Lagoon edge. Hillside Development Permit, HDP 2018-0003 15. That hillside conditions have been properly identified on the constraints map which show existing and proposed conditions and slope percentages. 16. That undevelopable areas of the project, i.e., slopes over 40 percent, have been properly identified on the constraints map. 17. That the development proposal is consistent with the intent, purpose, and requirements of the Hillside Ordinance, Chapter 21.95, in that hillside conditions of the project have been properly identified on the constraints map, which show existing and proposed conditions, and slope percentages. Undevelopable areas of the project, i.e., slopes over 40 percent, have been properly identified on the constraints map. New development is set back away from the top of slope at a 0.7-foot horizontal distance for each 1.0 foot of vertical building height; no slopes greater than 15 percent are being impacted; and no manufactured slopes are being proposed. 18. That the proposed development or grading will not occur in the undevelopable portions of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, in that the site does not contain any beaches, significant riparian or woodland habitats, major power transmission easements or railroad track beds. However, for those portions of the site containing permanent bodies of water, floodways, significant wetlands or natural slopes with an inclination of greater than 40 percent, these undevelopable portions of the site have been avoided by development and are protected within a separate open space lot. 19. The project design substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual, in that the grading design minimizes the volume of grading (398 cubic yards per acre) to an "acceptable" level (0 to 7,999 cubic yards per acre); no manufactured slopes are proposed; and the fencing proposed near the top of the slope consists PC RESO NO. 7342 -7- of an open type design (i.e., 42-inch tall clear glass fence) so as not to visually extend the height of the slope. 20. That the project design and lot configuration minimize disturbance of hillside lands, in that the significant slope and sensitive habitat areas are being preserved in open space to the maximum extent practicable. Habitat Management Permit, HMP 2018-0003 21. That the Laguna Drive Subdivision project parcel is shown in Figure 28 of the approved HMP as a "Development Area," and located adjacent to an "Existing Hardline Conservation Area," namely the Buena Vista Lagoon. 22 . That authorization to impact sensitive habitats through the removal of 0.09 acres of disturbed land (Habitat Group F) is subject to continuous compliance with all provisions of the Habitat Management Plan for Natural Communities in the City of Carlsbad (HMP), the Citywide Incidental Take Permit issued for the HMP, the Implementing Agreement, the Terms and Conditions of the Incidental Take Permit, and the Biological Opinion. 23. That authorization to impact sensitive habitats is subject to continuous compliance with all mitigation measures as stated in the Mitigated Negative Declaration, and Mitigation Monitoring and Report Program for the Laguna Drive Subdivision and is subject to all conditions contained in Planning Commission Resolutions No. 7341 for those other approvals, including but not limited to recordation of conservation easements over all conserved areas and management and monitoring in perpetuity by a qualified conservation entity. 24. That authorization to impact sensitive habitats is subject to continuous compliance with the provisions of Volumes I, II and Ill of the Multiple Habitat Conservation Program and the Final Environmental Impact Statement/Environmental Impact Report for Threatened and Endangered Species Due to Urban Growth within the Multiple Habitat Conservation Program Planning Area (SCH No . 93121073). 25. That all impacts to habitat (0.09 acres of Group-F disturbed land) and all take of species will be incidental to otherwise lawful activities related to construction and operation ofthe Laguna Drive Subdivision project. No take of species of concern is proposed or anticipated. 26. That the project design as approved by the City of Carlsbad has avoided and minimized impacts to wildlife habitat and species of concern to the maximum extent practicable. Specifically, the 13-unit condominium development is proposed on the least environmentally sensitive portion of the site consisting of HMP Group-F (disturbed land) habitat and all development observes a 100-foot setback from wetlands, namely the Buena Vista Lagoon, which is identified in Figure 28 of the approved HMP as an Existing Hardline Conservation Area. A small patch (0.01 acres) of HMP Group-A (Freshwater Marsh) habitat, which is located along the northern portions of the site near the lagoon edge, is within the 100-foot wetland buffer and protected by a proposed open space lot and future easement as conditioned. In order to prevent negative effects on the lagoon and the freshwater marsh habitat, mitigation measures have been included with the project to address the interface between the proposed development and the lagoon, which includes the 100-foot buffer, fencing, fire management, erosion control, landscaping restrictions and exotic species control. PC RESO NO. 7342 -8- 27. That adequate funding has been provided to address changed circumstances and adaptive management needs that may be reasonably anticipated in the future, consistent with the HMP Implementing Agreement. 28. That the authorization to impact sensitive habitats as a result of the project will not appreciably reduce the likelihood of survival and recovery of the species in the wild due to compliance with all of the above stated requirements, as well as ongoing monitoring and reporting to the wildlife agencies and the public. No take of species of concern is proposed or anticipated. 29. The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat Management Plan, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and provide for effective protection and conservation of wildlife and plant species while continuing to allow compatible development in accordance with Carlsbad's Growth Management Plan. Preservation of wildlife habitats and sensitive species is required by the Open Space and Conservation Element of the City's General Plan which provides for the realization of the social, economic, aesthetic and environmental benefits from the preservation of open space within an increasingly urban environment. Moreover, each new development will contribute to the need for additional regional infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on all new development within the City is essential to fund implementation of the City's Habitat Management Plan. Pursuant to the HMP, the project has been conditioned to pay habitat in-lieu fees for impacts to 0.09 acres of disturbed land (Habitat Group F). City Council Policy No. 43, Allocation for Excess Dwelling Units 30. That the city's Housing Policy Team recommended approval of the request for an allocation of 12 units from the Excess Dwelling Unit Bank on April 28, 2018. 31. That the project location and density are compatible with the existing adjacent residential neighborhoods and/or nearby existing or planned uses in that the Residential Support Area (Land Use District 4) of the Carlsbad Village Master Plan and Design Manual (VMP) is intended to provide for a gradual transition to a mix of higher quality commercial and residential uses which will provide positive support for the core of the Village, and to reinforce the Village area north of Beech Street as a quality residential neighborhood. 32. 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 Residential Support Area (Land Use District 4) of the Carlsbad Village Master Plan and Design Manual (VMP) allows for residential development at a density range of 28 to 35 dwelling units per acre. Based on a net acreage of 0.46 acres, the proposed .13-unit residential condominium project has a density of 28.3 dwelling units per acre. As the proposed project falls within the allowable density range and meets all required development standards, the project is co_nsistent with the General Plan and the VMP. 33. That there are an adequate number of units in the Excess Dwelling Unit Bank in the Village to allocate 12 units (net unit increase on-site). Per the city's Quadrant Dwelling Unit Report dated May 31, 2019, less recent allocations, 566 units remain available for allocation in the Village. PC RESO NO. 7342 -9- General 34. 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. 35. 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. 36. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1. 37. 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. 38. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 39. 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. 7342 -10- 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, Major Review Permit, Coastal Development Permit, Hillside Development Permit and Habitat Management Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map, Major Review Permit, Coastal Development Permit, Hillside Development Permit and Habitat Management Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. Developer shall implement, or cause the implementation of, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for Laguna Drive Subdivision -CT 2018- 0006/RP 2018-0008/CDP 2018-0032/HDP 2018-0003/HMP 2018-0003. 6. 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, Major Review Permit, Coastal Development Permit, Hillside Development Permit and Habitat Management Permit, (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. 7. 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, conceptual grading plan and preliminary utility plan reflectingthe 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. PC RESO NO. 7342 -11- 8. 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. 9. 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. 10. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and is subject to all conditions contained in Planning Commission Resolutions No. 7341 for those other approvals incorporated herein by reference. 11. 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. 12. 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. 13. 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 . 14. Prior to 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 Tentative Tract Map, Major Review Permit, Coastal Development Permit, Hillside Development Permit and Habitat Management Permit by Resolution(s) No. 7342 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. 15. Prior to the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the city to purchase two (2) affordable housing credits from the City of Carlsbad in · the Tavarua senior affordable apartments (a combined offsite affordable housing development) located in the Northwest Quadrant of the city to meet the inclusionary housing requirements set forth in Chapter 21.85 of the Carlsbad Municipal Code for residential developments. The individual credit purchase shall be the amount in effect at the time of purchase, as established by City Council Resolution from time to time and shall be PC RESO NO. 7342 -12- purchased at the time of building permit issuance. The draft Affordable Housing Agreement shall be submitted to the City Planner no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. 16. This project has been found to result in impacts to wildlife habitat or other lands, such as agricultural land, non-native grassland, and disturbed lands, which provide some benefits to wildlife, as documented in the City's Habitat Management Plan and the environmental analysis for this project. Developer is aware that the City has adopted an In-lieu Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species. The Developer is further aware that the City has determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the General Plan. Developer or Developer'~ successor(s) in interest shall pay the fee prior to recordation of a final map, or issuance of a grading permit or building permit, whichever occurs first. The applicant shall pay habitat in-lieu mitigation fees, consistent with the City's Habitat Management Plan (HMP), for 0.09 acres of Group-F (disturbed land) habitat. If the In-lieu Mitigation Fees for this project are not paid, this project will not be consistent with the Habitat Management Plan and the General Plan and any and all approvals for this project shall become null and void. 17. The applicant shall submit to the City Planner a digital copy of the biology report exhibits in ESRI- Shapefile format registered to NAO 83 California State Plane Coordinate System Zone 6 (FIPS 406), US Survey Feet. The City Planner has the discretion to waive this condition based on factors such as the scope of the study and the format in which the exhibits were prepared. 18. Developer shall dedicate, on the final map, an open space easement for Lot 2, which is in slopes, wetlands, and other constrained land, including the 100-foot-wide HMP Wetland Buffer, to prohibit any encroachment or development, including but not limited to private residential fences, walls, decks, storage buildings, pools, spas, stairways, and any private (non-HOA maintained) landscaping, as shown on Planning Commission Exhibit(s) "A" -"U" dated July 17, 2019. 19. 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. 20. All plant species specified for planting along the transitional edge facing Buena Vista Lagoon shall be locally-sourced native species that are indigenous to coastal North County San Diego. 21. 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. 22. 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 PC RESO NO. 7342 -13- 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, the city shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to the city within 30 days for the official record. c. Failure of Association to Maintain Common Area Lots and Easements: In the event that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article-----~ Section ______ the city shall have the right, but not the duty, to perform the necessary maintenance. If the city elects to perform such maintenance, the city shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the city finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association's Easements within the period specified by the city's notice, the city shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. d. Special Assessments Levied by the city: In the event the city has performed the necessary maintenance to either Common Area Lots and/or Association's Easements, the city shall submit a written invoice to the Association for all costs incurred by the city to perform such maintenance of the Common Area Lots and or Association's Easements. The city shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the city will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the city may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the city, the city may levy a special assessment against the Owners of each Lot in the Project for an equal pro rata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the city with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article _____ of this Declaration. PC RESO NO . 7342 -14- 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 ___ _ g. Open Space Lot: The open space shall remain under the ownership and responsibility of the HOA for the purposes of open space. Any encroachment or development for private benefit onto said lot shall be prohibited, including but not limited to private: fences, walls, decks, storage buildings, pools, spas, stairways, and landscaping, etc. 23 . 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. 24. 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. If it is determined that the air conditioning equipment is visible, a parapet screen shall be installed around the units prior to issuance of occupancy, to the satisfaction of the City Planner. 25 . 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 ofthe 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. 26. 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 model 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. 27. Developer shall post a sign in the sales office, or inside each model 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 . 28. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval ofthe Fire Chief and the City Planner of an Outdoor Storage Plan, and thereafter comply with the approved plan. 29. Developer shall submit and obtain City Planner approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. PC RESO NO. 7342 -15- 30. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application, any change in the telecommunications provider, or any transfer in ownership of the site. 31. Units 1-6, located along the transitional edge facing Buena Vista Lagoon, shall provide under deck/patio sprinklers to the satisfaction of the City's Fire Marshal. 32. Prior to the approval of the Final Map, Developer shall dedicate an irrevocable 25-foot-wide lateral access easement along the Buena Vista Lagoon to the California Coastal Commission or their designee as agreed to with the California Coastal Commission. Engineering General 33. 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. 34. 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. 35. Developer shall establish a homeowner's association and 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 driveway, utilities, landscaping, lighting, enhanced paving, and water quality treatment measures and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. The homeowner's association shall provide an annual verification of the effective operation and maintenance of each structural treatment control BMP in accordance with the BMP maintenance agreement and the SWQMP. The annual verification shall be submitted to the enforcement official in a format as approved by the city prior to the start of the rainy season. 36. Developer shall include rain gutters on the building plans subject to the city engineer's review and approval. Developer shall install rain gutters in accordance with said plans. 37. 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. 38. 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 39. 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. PC RESO NO. 7342 -16- 40. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 41. Developer shall cause property owner to submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement. Grading 42. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this proje_ct 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. 43. Prior to approval of the grading plans, 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. All material staging, bathroom facilities, parking of construction vehicles, employee parking, construction fencing, etc. shall be located outside the public right-of-way unless otherwise approved by the city engineer of construction management and inspection manager. Storm Water Quality 44. 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. 45. 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. 46. This project is subject to 'Priority Development Project' requirements. Developer shall prepare and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP required by this condition shall be reviewed and approved by the city engineer with final grading plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's latest fee schedule. PC RESO NO. 7342 -17- 47. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control BMP and applicable hydromodification measures. Dedications/Improvements 48. Developer shall cause owner to make an Irrevocable Offer of Dedication to the city and/or other appropriate entities for public access purposes as shown on the tentative map. The offer shall be made by a certificate on the final map or separate recorded document. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Additional easements may be required at final design to the satisfaction of the city engineer. 49. 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. 50. Developer shall design all proposed public improvements including but not limited to sewer laterals, streetlights, pedestrian ramps, driveways, sidewalk, water services/meters, curb drains, etc. as shown on the Tentative Map/Site Plan. These improvements shall be shown on one of the following, subject to city engineer approval: A. Grading plans processed in conjunction with this project; or B. Construction Revision to an existing record public improvement drawing Developer shall pay plan check and inspection fees using improvement valuations in accordance with the city's current fee schedule. Developer shall apply for and obtain a right-of-way permit prior to performing work in the city right-of-way. Developer shall prepare a separate construction bond estimate for the public improvements shown on the grading plans and a separate subdivision improvement agreement shall be processed for these improvements. 51. 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. 52. Developer shall ensure utility transformers or raised water backflow preventers that serve this development are located outside the right-of-way as shown on the Tentative Map and to the / satisfaction of the city engineer. These facilities shall be constructed within the property. Non-Mapping Notes 53. 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/Site Plan . These improvements include, but PC RESO NO. 7342 -18- Utilities are not limited to: sidewalk, driveway, curb and gutter, water service and meters, recycled water service and meter and fire service. B. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. C. Geotechnical Caution: The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. D. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans standards. E. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the city approved development plans; or by the design, construction or maintenance of the drainage system or other improvements 1identified 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. 54. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the district engineer. 55. 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 the grading plans. 56. 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 the grading plans. 57. The potable water service for this project shall be master-metered which shall be located within a water easement subject to approval by the district engineer. Developer shall install private sub-meters as necessary for all proposed units in the building. Final meter design, backflow preventer, size, and manufacturer shall be provided to the satisfaction of the district engineer and shown on the grading plans. PC RESO NO. 7342 -19- Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 58. 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. 59 . 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. 60 . 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. 61. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 62. 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. 63. Developer shall pay a landscape plan check inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 64. 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. 65. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 66. Any signs proposed for this development shall at a minimum be designed in conformance with the Carlsbad Village Master Plan and Design Manual (VMP) or successor plan and/or the city's Sign Ordinance and shall require review and approval of the City Planner prior to installation of such signs. 67. Developer acknowledges new forthcoming requirements related to the city's Climate Action Plan (CAP) will likely impact development requirements of this project and may be different than what is proposed on the project plans or in the project's CAP Checklist. Developer acknowledges new CAP requirements are related to energy efficiency, photovoltaic, electric vehicle charging, water heating and traffic demand management requirements, as set forth in City Council Ordinance Nos. CS-347, CS-348, CS-349 and CS-350 and City Council Resolution No. 2019-024, are available on the city's website. CAP requirements may impact, but are not limited to, site design and local building code requirements. If incorporating new CAP requirements results in substantial modifications to the project, then prior to issuance of development permits, Developer may be required to submit and receive approval of a Consistency Determination or Amendment for this project through the Planning Division. Once adopted as part of Title 18 and in effect, compliance with the new CAP requirements must be demonstrated on or with the construction plans prior to issuance of the applicable development permits. PC RESO NO. 7342 -20- 68. New single-family residential developments containing one or more model home(s): A water efficient landscaping brochure shall be available for each group of adults visiting the model home. At a minimum, each brochure shall include information describing the water efficient features of the model's landscaping; resources for additional information regarding water efficiency in landscaping; contact information for the local water purveyor and Planning Division; and a reference to the requirements of this landscape manual. A copy of the brochure shall be provided to the Planning Division prior to the city authorizing temporary occupancy as a model home. 69. An educational sign shall be placed in the front yard of each model home so that it is visible and readable from the roadway. The sign shall be white with black capital lettering at least two inches high and shall state "THIS MODEL HOME USES WATER EFFICIENT LANDSCAPING AND IRRIGATION". NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020{a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 7342 -21- PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on July 17, 2019, by the following vote, to wit: AYES: Chair Luna, Commissioners Geidner, Lafferty, Merz, and Meenes NOES: ABSENT: Commissioner Anderson ABSTAIN: Commissioner Stine CAROLYN LUNA, Chair CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7342 -22-