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HomeMy WebLinkAbout2020-02-05; Planning Commission; Resolution 7358PLANNING COMMISSION RESOLUTION NO. 7358 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN SDP 2018-0022 AND HILLSIDE DEVELOPMENT PERMIT HDP 2018-0006 TO CONSTRUCT A FOUR- STORY, 26-UNIT RE~IDENTIAL APARTMENT PROJECT WHICH INCLUDES FOUR INCLUSIONARY HOUSING UNITS, ON VACANT PROPERTY GENERALLY LOCATED ALONG THE WEST SIDE OF VIEJO CASTILLA WAY BETWEEN NAVARRA DRIVE AND PIRINEOS WAY WITHIN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: RESORT VIEW APARTMENTS CASE NO.: SDP 2018-0022/HDP2018-0006 (DEV2017-0225) WHEREAS, BNR Investment & Development, LLC, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as Lots 35 and 36 of La Costa South Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 6117, filed in the Office of the County Recorder of San Diego County, June 3,1968 ("the Property"); and WHEREAS, said verified application constitutes a request for a Site Development Plan, Hillside Development Permit and residential density bonus as shown on Exhibit(s) "A" -"00" dated February 5, 2020, on file in the Planning Division, SDP 2018-0022 / HDP 2018-0006 -RESORT VIEW APARTMENTS as provided by Chapters 21.06, 21.86, 21.95, and Section 21.53.120 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on February 5, 2020, 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 all persons desiring to be heard, said Commission considered all factors relating to the Site Development Plan. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES SDP 2018-0022 / HDP 2018-0006 -RESORT VIEW APARTMENTS based on the following findings and subject to the following conditions: Findings: Site Development Plan, SDP 2018-0022 l. That the proposed development or use is consistent with the General Plan and any applicable master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the Carlsbad Municipal Code, and all other applicable provisions of this code, in that the various goals and objectives of the General Plan will be implemented as the proposed project is consistent with the General Plan, which allows for a mixture of residential uses, including multiple-family residential, within the R-23 Residential Land Use designation. Although the project's density of 30.3 dwelling units per acre is above the maximum R-23 Residential density of 23 du/ac as the project includes a request for a residential density bonus, the 26-unit residential apartment project can be found consistent with the General Plan Land Use Policies as discussed below and in Section A and Table 5 of the project Staff Report to the Planning Commission dated February 5, 2020. 2. That the requested development or use is properly related to the site, surroundings and environmental settings, will not be detrimental to existing development or .uses or to development or uses specifically permitted in the area in which the proposed development or use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that multiple-family residential is a permitted use within the Residential Density -Multiple (RD-M) Zone and is compatible with the other multiple-family residential uses surrounding the project site. The residential apartment project will not adversely impact the site, surroundings, or traffic circulation in that the existing surrounding streets have adequate capacity to accommodate the 156 Average Daily Trips (ADT) generated by the project. With exception to the allowance for increased building height and the rear stair encroachment requested through the density bonus process, the project complies with all minimum development standards of the Carlsbad Municipal Code, including but not limited to the RD-M Zone, and the project is adequately parked on-site and does not result in any environmental impacts. 3. That the site for the intended development or use is adequate in size and shape to accommodate the use, in that, with exception to the allowance for increased building height and the rear stair encroachment requested through the density bonus process, the residential apartment project complies with all remaining development standards of the Residential Density -Multiple (RD- M) Zone and all other applicable sections of the Zoning Ordinance. 4 . That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested development or use to existing or permitted future development or use in the neighborhood will be provided and maintained, in that, with exception to the allowance for increased building height and the rear stair encroachment, the project complies with all remaining development standards (i.e. front, side and rear setbacks, lot coverage, parking) of the Residential Density -Multiple (RD-M) Zone and all other applicable sections of the Zoning PC RESO NO. 7358 -2- Ordinance. Landscaping along the outer edges of the property, including the areas along Viejo Castilla Way, will be provided consistent with the requirements of the city's Landscape Manual. 5. That the street systems serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use, in that the project will take access off Viejo Castilla Way with vehicles traveling to and from the project on Viejo Castilla Way as well. Viejo Castilla Way is identified as a local street, designed to adequately handle the 156 Average Daily Trips generated by the 26-unit residential apartment project. Hillside Development Permit, HDP 2018-0006 6. Undevelopable areas of the project, pursuant to Section 21.53.230(b) of this code, have been properly identified. 7. The project complies with the purpose and intent provisions of Section 21.95 of this chapter in that: 1) the existing hillside conditions have been properly identified on a constraints map with a slope analysis and slope profiles and have been incorporated into the project; 2) the proposed project is consistent with the Land Use and Open Space/Conservation Elements of the General Plan since the site has been previously graded, and there exist no natural hillsides or sensitive resources on the site; 3) the project design minimizes the amount of grading to an acceptable quantity of 5,653 cubic yards per acre, will incorporate an aesthetically pleasing design with landscaping, and retaining walls will be developed primarily into the slope as opposed to on top of the slope to minimize the visual impacts on the adjacent properties and public roadways; 4) the existing hillside is manufactured and accordingly, there will be no impacts to natural resource areas, wildlife habitats, or native vegetation areas that have not already been analyzed, anticipated, and authorized by the City's Habitat Management Plan (HMP); and 5) there will be no impact on lagoons or riparian ecosystems in that the project has been conditioned to submit an erosion control plan consistent with the NPDES permit requirements as required by the Regional Water Quality Control Board and the City of Carlsbad. 8. The project design substantially conforms to the hillside development guidelines manual in that the design minimizes the amount of grading and retaining walls will be developed primarily into the slope as opposed to on top of the slope to minimize the visual impacts on the adjacent properties and public roadways. Furthermore, the graded site will be landscaped pursuant to the City's Landscape Manual. The combined effect will soften the appearance of the graded slope. Residential Density Bonus, CMC Chapter 21.86 9. The project is consistent with the provisions of CMC Chapter 21.86 in that the proposed residential apartment project meets all of the standards, including the requisite 20% of "low- income", deed-restricted inclusionary housing. In addition, increased building height is an allowable incentive/concession and the rear stair encroachment is an allowable waiver. 10. The requested incentive(s) or concession(s) will result in identifiable, financially sufficient, and actual cost reductions in that the allocation of excess dwelling units allows for a financially feasible project by sharing construction costs among all units including the land, permitting and construction costs. The allowance for increased building height allows the project to provide PC RESO NO . 7358 -3- three levels of economically viable units since the ground floor level is mainly dedicated to parking. 11. The requested incentive(s} or concession(s}, and/or waiver(s) or reduction(s) of development standards is not contrary to state or federal law in that increased number of units and the incentive/concession from a development standard (building height} and the waiver of a development standard (rear stair encroachment) are clearly laid out as an incentive/concession and waiver for density bonus projects in California pursuant to CMC Chapter 21.86.050 and Government Code §65915(k) and (o). City Council Policy No. 43, Allocation for Excess Dwelling Units 12. That the city's Housing Policy Team recommended approval of the request for an allocation of ten (10} units from the Excess Dwelling Unit Bank on November 25, 2019. 13. That the project location and density are compatible with the existing adjacent residential neighborhoods and/or nearby existing or planned uses in that the project includes a request for a 35% density bonus pursuant to CMC Chapter21.86, Residential Density Bonus and Incentives or Concessions. The project meets the applicable findings associated with the proposed density bonus request. Adjacent land uses include three-story multi-family residential. The proposed four-story and thee-story multi-family residential apartment buildings are compatible with the surrounding land uses. 14. That the project location and density are in accordance with the applicable provisions of the General Plan and any other applicable planning document, in that a residential apartment project is consistent with the R-23 Residential General Plan Land Use designation and the proposed 35% density bonus is consistent with the provisions in CMC Chapter 21.86. 15. That the project complies with the findings stated in the General Plan Land Use Element for projects that exceed the growth management control point for the applicable density range in that the project qualifies for and will receive an allocation of excess dwelling units pursuant to City Council Policy No. 43, the Southeast Quadrant dwelling unit limit will not be exceeded as a result of the proposed project, and all necessary public facilities will be constructed or are guaranteed to be constructed concurrently with the need for them created by this development. 16. That there are an adequate number of units in the Excess Dwelling Unit Bank iii the Southeast Quadrant to remove ten {10} units. Per the city's Quadrant Dwelling Unit Report dated November 30, 2019, 327 units remain available for allocation in the Southeast Quadrant. California Environmental Quality Act: 17. The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15332 -In-Fill Development Projects of the State CEQA Guidelines as an infill development project. In making this determination, the City Planner has PC RESO NO. 7358 -4- General found that the exceptions listed in Section 15300.2 of the State CEQA Guidelines do not apply to this project. 18. 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 February 5, 2020 including, but not limited to the following: a. Land Use & Community Design -The 26-unit residential apartment project is consistent with the elements and objectives of the General Plan as discussed in Section "A" of the project staff report. The proposed 26-unit residential apartment project qualifies for an allocation of excess dwelling units pursuant to City Council Policy No. 43 since the project includes the inclusionary housing units required by CMC Chapters 21.85 and 21.86 and the project is conditioned to execute affordable housing and density bonus housing agreements. There are currently excess dwelling units available in the Southeast Quadrant as a result of residential projects approved at densities below the GMCP. All necessary public facilities required by the Citywide Facilities and Improvements Plan will be constructed, or are guaranteed to be constructed, concurrently with the need for them created by this development and in compliance with adopted city standards. The proposed 26-unit residential apartment project includes four inclusioriary units which will be required to be rented to low-income households. The multi-family residential land use is consistent with the adjacent multi-family residential development. The project site is conveniently located two blocks from La Costa Avenue which is a neighborhood connector street providing vehicle and pedestrian access to commercial centers and bus stops within 1.2 miles of the project site. b. Mobility -The proposed project has been designed to meet applicable circulation requirements, which include two driveway access points from Viejo Castilla Way. In addition, the applicant will be required to pay traffic impact fees prior to issuance of a building permit that will go towards future road improvements. The proposed project will .maintain an existing sidewalk along Viejo Castilla Way which will provide pedestrian access to and from the project. c. Noise -The project consists of 26 residential apartments located in five buildings. A noise study by Rincon Consultants, Inc, dated November 2018, was provided. The apartment project does not have any required exterior private recreation areas and therefore is not subject to the maximum 60 dB(a) CNEL noise level. Furthermore, existing ambient noise levels are below the maximum 60 dB(a) CNEL noise level at 56.7 dB(a) CNEL. Given the exterior noise levels and modern building construction that meets or exceeds the 2019 California Green Building Code requirements, the project will experience interior noise levels below the required 45 dB(a) CNEL interior noise level. d. Public Safety -The proposed structural improvements are required to be designed in conformance with all seismic design standards. In addition, the proposed project is consistent with all of the applicable fire safety requirements. Further, the project has been conditioned to develop and implement a program of "best management practices" for the PC RESO NO. 7358 -5- elimination and reduction of pollutants which enter into and/or are transported within storm drainage facilities. e. Housing-The proposed project includes four inclusionary units (20%) which will be required to be rented to low-income households. The provision for inclusionary housing will contribute toward achieving the city's Regional Housing Needs. The project has been conditioned accordingly to require the approval of an Affordable Housing Agreement prior to building permit issuance. 19. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 6 and all City public policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding: sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. The project has been conditioned to provide proof from the Encinitas Union School District that the project has satisfied its obligation for school facilities. b. The Public Facility fee is required to be paid by Council Policy No.17 and will be collected prior to the issuance of building permit. c. The Local Facilities Management fee for Zone 6 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 20. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance {Carlsbad Municipal Code Chapter 18.50}. 21. 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, whichever occurs first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the city's approval of this Site Development Plan and Hillside Development Permit. PC RESO NO. 7358 -6- 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan and Hillside Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and · regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly, from (a) city's approval and issuance of this Site Development Plan and Hillside Development 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. 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 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 Encinitas Union 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 6 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 PC RESO NO. 7358 -7- building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 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 6, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 12. 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 as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 13. 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. 14. 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. 15. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Director of the Community and Economic Department. 16. Prior to the issuance of the building permit, Developer shall submit to the city a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a(n) Site Development Plan and Hillside Development Permit by Resolution(s) No. 7358 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. 17. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of an Outdoor Storage Plan, and thereafter comply with the approved plan. 18. Prior to the recordation of the parcel map for any phase of this project, or where a parcel 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 and Density Bonus Housing Agreement with PC RESO NO. 7358 -8- the City to provide and deed restrict four (4) inclusionary dwelling units. Specifically, four (4) units shall be rented at a price affordable to low-income households whose gross income is more than 50% but does not exceed 80% of the San Diego County Area Median Income for 55 years, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement and Density Bonus Housing Agreement shall be submitted to the City Planner no later than 60 days prior to building permit issuance. The recorded Agreements shall be binding on all future owners and successors in interest. 19. 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's 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. If the In-lieu Mitigation Fee for this project is 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. Pursuant to the HMP, the project has been conditioned to pay a habitat in-lieu fee for impacts to 0.14 acres of Group D (disturbed scrub oak chaparral) habitat. 20. Gates or a similar physical barrier shall be provided around the courtyard amenities to ensure that illegal trespassing does not occur. The design shall be reviewed and approved by the City Planner prior to building permit issuance. Engineering: General 21. 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. 22. 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. 23. The developer shall complete processing of a lot line adjustment to consolidate lots 35 and 36 of Map 6117 as shown on the site plan. 24. 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. PC RESO NO. 7358 -9- 25. 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 26. 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. 27. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 28. 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. 29. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover, etc.) and irrigation along the parkway frontage with Viejo Castilla Way as shown on the landscape plan. 30. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for recordation, an Encroachment Agreement covering private enhanced pavement located over existing public right-of-way as shown on the site plan. Developer shall pay processing fees per the city's latest fee schedule. Grading 31. 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 for city engineer review, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. 32. 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 of the 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. 33. Developer shall provide shoring plans as part of the grading plans to the satisfaction of the city engineer and building official. Structural calculations for all shoring shall be submitted for review and approval by the building division. Developer shall pay all deposits necessary to cover any 3rd party review. Storm Water Quality 34. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are PC RESO NO. 7358 -10- 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. 35. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan {SWPPP) to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 36. 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. 37. 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 hydromodification measures. Dedications/Improvements 38. 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. 39. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a right-of-way permit to the satisfaction of the city engineer. 40. Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, shall execute a city standard Subdivision Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the site plan. Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: 1) Install driveway approaches as shown on the site plan. 2) Install sewer and water services as shown on the site plan. 3) Install curb outlet structure as shown on the site plan. Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constructed within 36 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. PC RESO NO. 7358 -11- Utilities 41. 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. 42. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 43. The developer shall design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning Department for processing and approval by the district engineer. 44. Developer shall install potable water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. 45. The developer shall install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans. 46. The developer shall design and construct public water, and sewer facilities substantially as shown on the tentative map to the satisfaction of the district engineer and city engineer. 47. The developer shall provide separate private potable water sub-meters for each separately owned unit within this subdivision. 48. Developer shall locate utility transformers or water backflow preventers outside the public right- of-way to the satisfaction of the city engineer. Code Reminders: 49. 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. 50. 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. 51. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 6 as required by Carlsbad Municipal Code Section 21.90.050. 52. 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 6, 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. 7358 -12- 53. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 54. Developer acknowledges that the project is required to comply with requirements of the city's Climate Action Plan (CAP). CAP requirements are in accordance with, but are not limited to, Carlsbad Municipal Code Chapters 18.21, 18.30, and 18.51 in addition to the California Green Building Standards Code {CCR, Title 24, Part 11-CALGreen), as amended from time to time, CAP requirements may be different than what is proposed on the project plans or in the CAP Checklist originally submitted with this project. Developer acknowledges that new CAP requirements related to energy effidency, photovoltaic, electric vehicle charging, water heating and traffic demand management requirements as set forth in the CAP requirements may impact, but are not limited to, site design and local building code requirements. If incorporating CAP requirements results in substantial modifications to the project, then prior to issuance of development (grading, building, etc.) permits, Developer may be required to submit and receive approval of a Consistency Determination or Amendment for this project through the Planning Division. Compliance with the applicable CAP requirements must be demonstrated on or with the construction plans prior to issuance of the applicable development permits. 55. Approval of this request shall not excuse compliance with au 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. 56. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 17.04.060. 57. Any signs proposed for this development shall at a minimum be designed in conformance with the city's Sign Ordinance and shall require review and approval of the City Planner prior to installation of such signs. NOTICE 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. PC RESO NO. 7358 -13- Chair Anderson, Commissioners Geldner, Lafferty, Luna, Meenes, Merz, and Stine NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020{a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on February 5, 2020, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: VELYN ANDERSON, Chair CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7358 -14- Community Development Planning Division 1635 Faraday Avenue  Carlsbad, CA 92008  760-602-4600  760-602-8560 fax ERRATA SHEET FOR AGENDA ITEM #1 Memorandum February 5, 2020 To: Planning Commission From: Cliff Jones, Senior Planner Via Don Neu, City Planner Re: Errata Sheet for Agenda Item #1 – SDP 2018-0022/HDP2018-0006 (DEV2017-0225) – RESORT VIEW APARTMENTS Staff is recommending that the Planning Commission amend Planning Commission Resolution No. 7358 to add the following condition: 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’s 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. If the In-lieu Mitigation Fee for this project is 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. Pursuant to the HMP, the project has been conditioned to pay a habitat in-lieu fee for impacts to 0.14 acres of Group D (disturbed scrub oak chaparral) habitat.