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HomeMy WebLinkAbout2020-06-03; Planning Commission; Resolution 7368PLANNING COMMISSION RESOLUTION NO. 7368 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT PERMIT, SITE DEVELOPMENT PLAN, COASTAL DEVELOPMENT PERMIT, TENTATIVE PARCEL MAP, AND VARIANCE TO DEMOLISH AN EXISTING THREE-UNIT RESIDENTIAL STRUCTURE AND CONSTRUCT A TWO-FAMILY, RESIDENTIAL AIR-SPACE CONDOMINIUM PROJECT ON A 0.16-ACRE IN- FILL SITE LOCATED AT 3648 CARLSBAD BOULEVARD, WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: BREAKERS VIEW BEACH HOMES CASE NO.: PUD 2018-0006/SDP 2018-0006/CDP 2018-0033/MS 2018-0006/V 2018-0004 (DEV2018-0094) WHEREAS, Michael Jason Ianni, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as Lot "P" in Block 2 of Palisades Heights, in the County of San Diego, State of California, according to the map thereof No. 1777, filed in the Office of the Recorder of San Diego County, January 11, 1924 ("the Property"); and WHEREAS, said verified application constitutes a request for a Planned Development Permit, Site. Development Plan, Coastal development Permit, Tentative Parcel Map, and Variance as shown on Exhibit(s) "A" -"T" dated June 3, 2020, on file in the Planning Division, PUD 2018-0006/SDP 2018-0006/CDP 2018-0033/MS 2018-0006/V 2018-0004 -BREAKERS VIEW BEACH HOMES, as provided by Chapters 21.45, 21.06, 21.16, 21.82, 21.203, 20.24 and 21.50 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on June 3, 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 persons desiring to be heard, said Commission considered all factors relating to the Planned Development Permit, Site Development Plan, Coastal Development Permit, Tentative Parcel Map and Variance. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES PUD 2018-0006/SDP 2018-0006/CDP 2018-0033/MS 2018-0006/V 2018-0004 - BREAKERS VIEW BEACH HOMES, based on the following findings and subject to the following conditions: Findings: Planned Development Permit (PUD 2018-0006) 1. The proposed project is consistent with the general plan, and complies with all applicable provisions of this chapter, and all other applicable provisions of the Carlsbad Municipal Code, in that the project's proposed density of 12.5 du/ac is below the R-23 Residential density range of 15-23 du/ac. However, pursuant to Carlsbad Municipal Code (CMC) Section 21.53.230, unit yields rounded-down that result in a density below the minimum density shall be considered consistent with the General Plan. Except for the Variance (V 2018-0004) as discussed in the findings below and the project staff report, the project is consistent. with all remaining development and design standards applicable to the property as contained in Chapters 21.16 (Multiple-Family Residential (R-3)) Zone, 21.45 (Planned Developments) and 21.82 (Beach Area Overlay Zone (BAOZ)) of the Carlsbad Municipal Code. 2. The proposed project will not be detrimental to existing uses, or to uses specifically permitted in . the area in which the proposed use is to be located, and will not adversely impact the site, surroundings, or traffic, in that the two-family residential air-space condominium project is compatible with existing surrounding single-family, two-family, and multiple-family residential uses as permitted by the Multiple-Family Residential (R-3) Zone and does not create any traffic circulation impacts as Carlsbad Boulevard and Juniper Avenue are adequately designed to accommodate the 16 Average Daily Trips (ADT) being generated. 3. The project will not adversely affect the public health, safety, or general welfare, in that the two- family residential air-space condominium project has been designed to comply with all applicable development standards, except those addressed by Variance (V2018-0004), to ensure compatibility with surrounding single-family, two-family, and multiple-family residential uses. 4. The project's design, including architecture, streets, and site layout a) contributes to the community's overall aesthetic quality, b) includes the use of harmonious materials and colors, and the appropriate use of landscaping, and c) achieves continuity among all elements of the project, in that the two-unit condominium building reflects a mid-twentieth century Modern and Contemporary architectural form, softened by elements and materials from the California Craftsman / Ranch House architectural vocabularies. By combining these styles and elements, the vernacular of California's architectural styles is adapted to fit the larger scale required by the project. The tower elements that contain stairs and elevators lean away from neighboring PC RESO NO. 7368 -2- properties in order to soften the larger elements, as well as preserve sight-lines of other buildings around the project. Primary building materials include light tan and grey smooth finish stucco, ipe wood plank siding, stone veneer, decorative garage doors, metal fascia's, and dark bronze aluminum windows. Glass, ipe wood and cable railings surround the balconies and roof decks. A standing seam metal roof covers the building and incorporates multiple roof ridges. Mechanical ventilation units will be located on a flat roof area and will be screened by an architecturally -compatible acoustical screen. All elements (i.e. site layout, architecture, landscaping) create continuity in the overall project design. Site Development Plan (SDP 2018-0006) 5. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the project consists of the demolition of an existing three-unit residential structure and construction of a two-family residential air-space condominium project on a 0.16-acre in-fill site located at 3648 Carlsbad Boulevard. The site is surrounded by a mix of existing single-family, two-family, and multiple-family residential developments. The proposed two-family residential project at a density of 12.S du/ac is consistent with the R-23 Residential (15-23 du/ac) General Plan Land Use designation since, pursuant to CMC Section 21.53.230, unit yields rounded-down that result in a density below the minimum density shall be considered consistent with the General Plan. The project is consistent with the various elements and objectives of the General · Plan as discussed in the findings below and Section "A" of the project staff report. The proposed two-family residential use will not be detrimental to existing uses or to uses specifically permitted in the area in which the use is located in that two-family residential is a use permitted within the Multiple-Family Residential (R-3) Zone and is compatible with the other residential uses surrounding the project site, including single-family, two-family, and multiple-family residential. The two-family residential air-space condominium project will not adversely impact the site, surroundings, or traffic circulation in that the existing surrounding streets have adequate capacity to accommodate the 16 Average Daily Trips (ADT) generated by the project. With the exception of the Variance (V 2018-0004), the project complies with all minimum development standards of the Carlsbad Municipal Code, including but not limited to the R-3 Zone, Beach Area Overlay Zone, and the Planned Development Ordinance. Furthermore, the project is adequately parked on-site and does not result in any environmental impacts. 6. That the site for the intended use is adequate in size and shape to accommodate the use, with the exception of the Variance (V 2018-0004), the two-family residential air-space condominium project complies with all remaining development standards (i.e. side and rear setbacks, lot coverage, number of parking spaces, and height restrictions) of the Multiple-Family Residential (R-3) Zone, the Beach Area Overlay Zone, and the Planned Development Ordinance as demonstrated in the project staff report. 7. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that as demonstrated in the project staff report the two-family residential air- space condominium project, with the exception of Variance (V 2018-0004), complies with all remaining development standards (i.e., side and rear setbacks, lot coverage, number of parking PC RESO NO. 7368 -3- spaces, and height restrictions) ofthe Multiple-Family (R-3) Zone, the Beach Area Overlay Zone, and the Planned Development Ordinance. Landscaping along the outer edge of the property, including the areas along Carlsbad Boulevard, will be provided consistent with the requirements of the city's Landscape Manual. In addition to the above, privacy walls/fences on the property will be provided or maintained. 8. That the street systems serving the proposed use are adequate to properly handle all traffic generated by the proposed use, in that the two-family residential air-space condominium project will not have vehicular access from Carlsbad Boulevard and will take access from an easement off Juniper Avenue, which is identified as a local street and designed to adequately handle the 16 Average Daily Trips (ADT) generated by the project. Carlsbad Boulevard along the project's frontage is already improved with pavement, curb, gutter and sidewalk. No modifications are proposed to the existing curb, gutter and sidewalk along the project frontage. Coastal Development Permit (CDP 2018-0033) 9. That the proposed development is in conformance with the Mello II Segment of the Certified Local Coastal Program {LCP) and all applicable policies, in that the site is designated R-23 Residential (15-23 du/ac) for single-family, two-family, and multi-family residential development by the Mello II LCP. The project consists of the demolition of an existing three- unit residential structure and construction of a two-family residential air-space condominium project at a density of 12.5 du/acres on a 0.16 acre previously developed site. The proposed two-story project will not obstruct views of the coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone. No agricultural uses currently exist on the site, nor are there any sensitive resources located on the property. In addition, the proposed two-family residential condominium project is not located in an area of known geologic instability or flood hazards. Since the site does not have frontage along the coastline, no public opportunities for coastal shoreline access are available from the subject .site. Furthermore, the residentially-designated site is not suited for water-oriented recreation activities. 10. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the property is not located adjacent to the shoreline. Therefore, the two-unit residential air-space condominium project will not interfere with the public's right to physical access to the ocean and, furthermore, the residentially designated site is not suited for water- oriented recreation activities. 11. That the project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the two-family residential air-space condominium project will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants, and soil erosion. No undevelopable steep slopes or native vegetation is located on the subject property and the previously graded site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 12. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X of the Land Use Plan, certified September 1990 and Agricultural Conversion Mitigation Fees are not required PC RESO NO. 7368 -4- in accordance with the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance). 13. The project is not between the sea and the first public road parallel to the sea and therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance). Tentative Parcel Map (MS 2018-0006) 14. That the proposed map and the . proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code and the State Subdivision Map Act, and will not cause serious public health problems, in that the two-family residential air-space condominium project created through the tentative parcel map satisfies all the minimum requirements of Title 20 and has been designed to comply with other applicable regulations including the Multiple-Family Residential (R-3) Zone, the Beach Area Overlay Zone, the Planned Development Ordinance, Growth Management Ordinance, and the R-23 Residential General Plan Land Use designation. 15. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated R-23 Residential for residential development at a density of 15-23 du/ac. Surrounding properties are also designated R-23 Residential and are predominantly developed with multiple-family residential projects of a similar density or underdeveloped lots containing one single-family home. 16. That the site is physically suitable for the type and density of the development since the site is · adequate in size and shape to accommodate residential development at the density proposed in that with the exception of a Variance (V 2018-0004), all other required development standards and design criteria required by the Multiple-Family Residential (R-3) Zone, the Planned Development Ordinance, and the Beach Area Overlay Zone are incorporated into the two-family residential air-space condominium project. 17. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the two-family residential air-space condominium project has been designed and conditioned so that there are no conflicts with established easements and no additional right-of-way is required . 18. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 19. 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 structure is designed to include balconies and operable windows oriented to maximize exposure of each unit to natural light and ventilation from nearby coastal breezes. PC RESO NO. 7368 -5- 20. 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. 21. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish and wildlife or their habitat, in that the two-unit residential air-space condominium project site has been previously developed and is surrounded by existing development. 22. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the two-unit residential air-space condominium 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. Variance (V 2018-0004) 23. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification, in that the existing legal lot is substandard according to the R-3 zone regulations in that it is only 53 feet wide and 6,892 square feet in lot area. The R-3 zone requires a minimum lot width of 60 feet and a minimum lot area of 7,500 square feet. The lot is also currently encumbered by a 15-foot-wide access easement at the rear of the property. a. Given the substandard lot and the access easement, the lot's buildable area is reduced in relation to other standard lots in the area with the same zoning designation. While the project will meet or exceed the required side and rear yard setbacks and lot coverage, the project proposes a front yard setback equal to a line drawn between the adjacent structures immediately to the north and south of the property. Projections such as eaves and balconies are proposed up to two feet further into the front setback consistent with projections on adjacent properties. Furthermore, CMC Section 21.46.070 specifically allows this modification for unimproved lots intervening between lots having nonconforming front yards. However, since this lot has been previously improved, a variance has been requested and is supported. b. The Planned Development Ordinance and the BAOZ both require one «;>ff-street guest parking space for a two-unit condominium project. Given that the two-family project requires a two-car garage for each unit, there is no room to provide guest parking along the sides of the garages. The Planned Development Ordinance allows guest parking to be located in front of garages provided that all units have a garage with at least a 20-foot driveway. However, this is only permitted in the BAOZ when parking adjacent to the project is allowed on both sides of the street. Since Carlsbad Boulevard only allows parking on one side of the street at this project's frontage, guest parking in front of the garages is not allowed (although Juniper Street, where this project will take access from but does not have frontage, allows for parking on both sides of the street). Multiple projects that have frontage on Carlsbad Boulevard have guest parking located in front of the garages. Therefore, the variance is PC RESO NO. 7368 -6- supported given that this is a privilege enjoyed by other property owners in the vicinity and under identical zoning. c. The project proposes orie guest parking space in front of each two-car garage. Typically, a garage is accessed from a public street and guest parking is located in the driveway in front of the garage. 1n that scenario; vehicles utilize the public right-of-way to back out of the driveway. However, this project proposes the garages and guest parking at the rear of the property. Given the site constraints, the 24 feet of back-up usually required behind parking spaces has been reduced to approximately 15 feet. However, by locating the garages and guest parking at the rear of the property, conflicts are minimized between vehicles, bicycles, and pedestrians on Carlsbad Boulevard. This creates a more desirable project design by not creating an additional curb opening on Carlsbad Boulevard and also utilizes the existing access easement from Juniper Street. Vehicle turning movements have been provided on Sheet 2 of the project's civil plans. Furthermore, the property to the south is designed with a substandard vehicle back-up distance into the same access easement. Therefore, the variance is supported given that this is a privilege enjoyed by other property owners in the vicinity and under identical zoning. d. That the variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located and is subject to any conditions necessary to assure compliance with this finding, in that although there are no known variances in the immediate area for reduced front setbacks, location of guest parking, and/or reduced vehicle back-up distances, existing · properties in the same zone and surrounding Beach Area Overlay Zone have developed with substandard setbacks, parking requirements and location of guest parking. The front setback would be in line with adjacent properties which are developed to the north and south of the project. Other properties in the area provide guest parking in front of their garages but some utilize Carlsbad Boulevard as their required back-up distance. The plans show that adequate vehicle turning movements will be provided. Therefore, granting the variance does not grant privileges inconsistent with the limitations upon other properties in the vicinity and same zone as the proposed project. e. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property, in that granting a variance for a reduced front setback, location of guest parking, and reduced vehicle back-up distance does not authorize a use which is not otherwise expressly permitted by the zoning regulations. Two-family residential projects are allowed by right within the Multiple-Family Residential (R-3} zone. Furthermore, a two-family condominium in the BAOZ is required to provide on-site guest parking. Therefore, these deviations do not authorize a use or activity which is not authorized by the zone. f. That the variance is consistent with the general purpose and intent of the General Plan and any applicable specific or master plans, in that the proposed use is a two-family dwelling, consistent with the R-23 Residential designation as discussed in Section "A" of the project staff report. Setbacks, guest parking, and access to parking are all part of residential development for properties with the R-23 Residential General Plan Land Use designation and, therefore, consistent with the general purpose and intent of the General Plan. PC RESO NO. 7368 -7- g. The variance is consistent with the general purpose and intent of the certified local coastal program and does not reduce or in any manner adversely affect the requirements for protection of coastal resources in that granting a variance is consistent with and implements the requirements of the Local Coastal Program. The variance will not have an adverse effect on coastal resources as discussed in Section "D" of the project staff report and will not have impacts on sensitive environmental resources. Therefore, granting such a variance will not adversely affect the Local Coastal Program. General 24. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the ~ity's General Plan, based on the facts set forth in the staff report dated June 3, 2020 including, but not limited to the following: a. land Use & Community Design -The two-family residential air-space condominium project is consistent with the elements and objectives of the General Plan as discussed in Section "A" of the project staff report. The project's density of 12.5 du/ac is consistent with the R-23 Residential (15-23 du/ac) General Plan Land Use designation since unit yields rounded-down that result in a density below the minimum density shall be considered consistent with the General Plan. Because the two-unit project is below the maximum unit yield (three dwelling units) at the Growth Management Control Point (GMCP} of the R-23 Residential General Plan Land Use designation, one dwelling unit will be deposited into the City's Excess Dwelling Unit Bank consistent with Housing Element Program 3.2 and City Council Policy No. 43. b. Mobility -The proposed project has been designed to meet all circulation requirements, including a single vehicular access point from Juniper Avenue and pedestrian access from Carlsbad Boulevard. In addition, the applicant will be required to pay any applicable traffic impact fees prior to issuance of building permit that will go toward future road improvements. c. Noise -The project consists of a two-family dwelling and, therefore, a noise study is not required. However, a noise study (Ldn Consulting, Inc., dated April 14, 2016} was prepared given the proximity to Carlsbad Boulevard. Since the windows are required to be closed to meet the required 45 dB(a) CNEL interior noise level, mechanical ventilation has been conditioned to be required. d. Housing-The two-family residential air-space condominium project is consistent with the Housing Element of the General Plan and the lnclusionary Housing Ordinance. The project is conditioned to pay an in in-lieu fee on a per unit basis for two units if building permits for the two-unit project have not been applied for within two years of demolishing the existing three-unit multi-family residential project on-site. e. Public Safety-The two-unit residential air-space condominium project is located within a five-minute response time of Fire Station No. 1 and has been designed to comply with the Fire Code, including provisions for an automatic sprinkler system within each dwelling unit. 25. 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 PC RESO NO. 7368 -8- 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. 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 1 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 26. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 27. The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15332, In-Fill Development Project, of the state California Environmental Quality Act {CEQA) Guidelines. 28. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: NOTE: Unless. otherwise specified herein, all conditions shall be satisfied prior to the issuance of grading permit, building permit, or recordation of the Final Parcel Map, whichever comes first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the city's approval of this Planned Development Permit, Site Development Plan, Coastal Development Permit, Tentative Parcel Map, and Variance. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Planned Development Permit, Site Development Plan, Coastal Development Permit, Tentative Parcel Map, and Variance documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development PC RESO NO. 7368 -9- 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, cla ims and costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly, from (a) city's approval and issuance of this Planned Development Permit, Site Development Plan, Coastal Development Permit, Tentative Parcel Map, and Variance, (b) city's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the city's approval is not validated. 6. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Tentative Map/Site Plan, conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision-making body. The copy shall be submitted to the City Planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made tb that Plan prior to the issuance of building permits. 9. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 10. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. PC RESO NO . 7368 -10- 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 CFO #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 12. Prior to the issuance of the grading permit or final parcel map approval, whichever comes first, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Planned Development Permit, Site Development Plan, Coastal Development Permit, Tentative Parcel Map, and Variance, by Resolution(s) No. 7368 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 13. The project is subject to the Prescriptive Compliance Option (PCO) of the City of Carlsbad's Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the PCO plan approved as part of this project and on file in the Planning Division. Prior to issuance of a building permit, Developer shall submit an application pursuant to the landscape plancheck process on file in the Planning Division; however, no landscape plans are required, and Developer shall only be responsible to pay the landscape inspection fee, with said application. The approved PCO plan will be utilized by the city as part of the project's final inspection process. 14. Developer shall establish a homeowner's association and corresponding covenants, conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner prior to final parcel map approval. Prior to issuance of a building permit, the Developer shall provide the Planning Division with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the City Planner. At a minimum, the CC&Rs shall contain the following provisions: a. General Enforcement by the City: The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. b. Notice and Amendment: A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. c. Failure of Association to Maintain Common Area Lots and Easements: In the event that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article---~ Section _____ the city shall have the right, but not the PC RESO NO. 7368 -11- 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 Proje_ct hereby vests the city with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article ____ of this Declaration. e. Landscape Maintenance Responsibilities: The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit _____ _ f. Balconies, trellis, and decks: The individual lot or unit owner allowances and prohibitions regarding balconies, trellis, and decks shall be as set forth in Exhibit ____ _ g. Rooftop decks: No trellises, patio covers, gazebos, pergolas, cabanas, or other permanent structures or other equipment shall be installed on rooftop decks, with the exception of mechanical equipment, rooftop photovoltaic solar panels and similar building systems equipment. 15. A project may be exempt from the inclusionary housing requirement if the construction of new residential structures replace residential structures that were demolished within two years prior to the application for a building permit for the new residential structures. The exemption is contingent upon the number of residential units (two) not being increased from the number of residentialunits in the previously demolished residential structure. Since there will not be an PC RESO NO. 7368 -12- increase in the number of units on the property, the project will be exempt from the inclusionary housing requirement if building permits are issued within two years of the demolition of the existing residential structure. If building permits are not applied for within two years of demolishing the existing units, then the applicant/developer shall pay the inclusionary housing in lieu fee for two (2) units. 16. Prior to issuance of building permits, the Developer shall submit to the City Planner a recorded copy of the Condominium Plan filed with the Bureau of Real Estate which is in conformance with the City-approved documents and exhibits. 17. 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 CFO #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 18. 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. 19. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the City Planner and shall at least include a handout and a sign inside the sales facility, or inside each unit, stating the fact of a potential pass-through of fees or taxes exists and where complete information regarding those f~es or taxes can be obtained. 20. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the City Planner, in the sales office or inside each unit, at all times. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks, and streets. 21. Developer shall post a sign in the sales office, or inside each unit, in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold . 22. Developer shall submit and obtain City Planner approval of an exterior lighting plan including parking areas. All lighting shall be designed to. reflect downward and avoid any impacts on adjacent homes or property. 23. Developer shall submit to the Building Division a mechanical ventilation plan for each unit prior to issuance of a building permit to demonstrate that the final project design meets a 45 dB(a) PC RESO NO. 7368 -13- CNEL interior noise level. Mechanical ventilation for each unit shall be shown on the plans submitted for building permit. A statement certifying that the required features have been incorporated into the building plans, signed by the acoustical analyst/acoustician shall be located on the building plans. Engineering: General 24. 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. 25. 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. 26. Developer shall submit to the city engineer an acceptable instrument, via CC&Rs and/or other recorded document, addressing the maintenance, repair, and replacement of shared private improvements within this subdivision, including but not limited to private drive aisles, utilities, landscaping, lighting, enhanced paving, water quality treatment measures, low impact development features, and storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. 27. 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. 28. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this condition. Fees/ Agreements 29. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city's standard form Geologic Failure Hold Harmless Agreement. 30. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drai~age Hold Harmless Agreement. 31. 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. 32. Developer shall apply for and execute an Encroachment Agreement covering permeable pavers located over existing San Diego Gas & Electric easement as shown on the tentative map. Prior to. issuance of a grading permit, developer shall submit proof that an Encroachment Agreement PC RESO NO. 7368 -14- has been executed with San Diego Gas & Electric for said improvements. Grading 33. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports as required by city engineer, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. 34. 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. 35. The NCTD bus stop on Carlsbad Boulevard shall remain open during construction. A note shall be placed on the grading plan and construction plan. Storm Water Quality 36. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 37. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer 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. 38. 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. 39. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form. Developer is responsible to ensure that all final design plans, grading plans, and building plans incorporate applicable best management practices (BMPs). These BMPs include site design, source control and Low Impact Design (LID) measures including, but not limited to, minimizing PC RESO NO. 7368 -15- the use of impervious area (paving), routing run-off from impervious area to pervious/landscape areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or signage all to the satisfaction of the city engineer. 40. 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. 41. Developer shall design all proposed public improvements including but not limited to sewer laterals, water services/meters, curb drains, pedestrian connections, and bus stop sign as shown on the tentative map. These improvements shall be shown on one of the following, subject to city engineer approval: a. Grading plans processed in conjunction with this project; or b. Construction Revision to an existing record public improvement drawing. Developer shall pay plan check and inspection fees using improvement valuations in accordance with the city's current fee schedule. Developer shall execute a city standard Subdivision Improvement Agreement to install said improvements and shall post security in accordance with C.M.C. Section 20.16.070. Developer shall apply for and obtain a right-of-way permit prior to performing work in the city right-of-way. 42. Developer is responsible to ensure 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 43. Add the following notes to the final map as non-mapping data: a. Developer has executed a city standard Subdivision Improvement Agreement and has posted security in accordance with C.M.C. Section 20.16.070 to install public improvements shown on the tentative map. These improvements include, but are not limited to: i. Sewer laterals ii. Water services/meters iii. Pedestrian connections iv. Curb drains v. Bus stop sign b. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. c. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface waters PC RESO NO. 7368 -16- Utilities or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the city approved development plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the city approved development plans. d. There are no public park or recreational facilities to be located in whole or in part within this subdivision. The subdivider is therefore obligated to pay park-in-lieu fees in accordance with section 20.44.050 of the Carlsbad Municipal Code and has either paid all of said park in-lieu fees or agreed to pay all of said park-in-lieu fees in accordance with section 20.16.070 of the Carlsbad Municipal Code. 44. Developer shall install potable water and/or recycled water servicE;!S 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 agree to install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans. 46. The developer shall design and agree to construct public water, sewer, and recycled water facilities substantially as shown on the tentative map to the satisfaction of the district engineer and city engineer. Code Reminders 47. This tentative map shall expire two years from the date on which the planning commission voted to approve this application. 48. 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. 49. 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. 50. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 51. 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. 52. Developer shall pay a landscape inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 53. Developer acknowledges that the project is required to comply with the city's greenhouse gas {GHG) reduction ordinances and requirements. GHG reduction requirements are in accordance PC RESO NO. 7368 -17- 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. GHG reduction requirements may be different than what is proposed on the project plans or in the Climate Action Plan Checklist originally submitted with this project. Developer acknowledges that new GHG reduction requirements related to energy efficiency, photovoltaic, electric vehicle charging, water heating and traffic demand management requirements as set forth in the ordinances and codes may impact, but are not limited to, site design and local building code requirements. If incorporating GHG reduction 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 GHG reduction requirements must be demonstrated on or with the construction plans prior to issuance of the applicable development permits. 54. 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. 55. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. NOTICE TO APPLICANT The project site is within the appealable area of the California Coastal Commission . This Coastal Development Permit (CDP) shall not become effective until ten (10) working days have elapsed, without a valid appeal being filed with the Coastal Commission, following the Coastal Commission's receipt of the city's notice of the CDP issuance ("Notice of Final Action"). The filing of a valid appeal with the Coastal Commission within such time limit shall stay the effective date of this CDP until such time as a final decision on the appeal is reached by the Coastal Commission. PC RESO NO. 7368 -18- 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. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on June 3, 2020, by the following vote, to wit: AYES: Chair Anderson, Commissioners Geidner, Lafferty, Luna, Meenes, Merz, and Stine NOES: ABSENT:, ABSTAIN: VELYN ANDERSON, Chair CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7368 -19-