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HomeMy WebLinkAbout2020-06-17; Planning Commission; Resolution 7375PLANNING COMMISSION RESOLUTION NO. 7375 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP AND SITE DEVELOPMENT PLAN TO CONSTRUCT A FOUR- STORY MIXED-USE PROJECT CONSISTING OF TWO BUILDINGS WITH EIGHTY-THREE CONDOMINIUM UNITS COMPRISING SEVENTY-NINE RESIDENTIAL UNITS AND FOUR COMMERCIAL UNITS ON A 1.75-ACRE SITE LOCATED AT 2747, 2775, 2777, 2785, AND 2801 ROOSEVELT STREET AND 2780 AND 2802 STATE STREET IN THE VILLAGE CENTER (VC) DISTRICT OF THE VILLAGE AND BARRIO MASTER PLAN AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: CARLSBAD STATION CASE NO.: CT 2019-0003/SDP 2019-0004 (DEV2019-0063) WHEREAS, McKellar McGowan, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as TRACT A (File No. 891833): PARCEL ONE: THE NORTHEASTERLY HALF OF THE NORTHWESTERLY HALF OF LOT 29 OF SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921, THE SOUTHEASTERLY LINE OF SAID NORTHWESTERLY HALF BEING PARALLEL WITH THE NORTHWESTERLY LINE OF SAID LOT. PARCEL TWO: PARCEL 1: ALL THAT PORTION OF LOT 31 OF SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921, LYING SOUTHWESTERLY OF A LINE THAT BEGINS AT A POINT IN THE NORTHWESTERLY LINE OF SAID LOT, DISTANT THEREALONG 159.90 FEET FROM THE MOST WESTERLY CORNER OF SAID LOT AND RUNS THENCE AT RIGHT ANGLES TO SAID NORTHWESTERLY LINE TO A POINT IN THE SOUTHEASTERLY LINE OF SAID LOT. EXCEPTING THEREFROM THE NORTHWESTERLY 27.00 FEET OF THE SOUTHWESTERLY 159.90 FEET THEREOF. ALSO EXCEPTING FROM SAID LOT 31, THAT PORTION THEREOF LYING SOUTHEASTERLY OF A LINE DRAWN PARALLEL WITH AND 17.2 FEET NORTHWESTERLY MEASURED AT RIGHT ANGLES FROM THE SOUTHEASTERLY LINE OF SAID LOT. PARCEL 2: THAT PORTION OF LOT 31 OF SEASIDE LANDS, CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF LOT 31; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOT, A DISTANCE OF 27.00 FEET; THENCE RUNNING NORTHEASTERLY IN A LINE PARALLEL WITH THE NORTHWESTERLY LINE OF ' SAID LOT, A DISTANCE OF 159.90 FEET; THENCE RUNNING NORTHWESTERLY IN A LINE PARALLEL WITH THE SOUTHWESTERLY LINE OF SAID LOT, A DISTANCE OF 27.00 FEET TO THE NORTHWESTERLY LINE OF SAID LOT; THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT, A DISTANCE OF 159.90 FEET TO THE POINT OF BEGINNING. PARCEL THREE: ALL OF LOT 31 OF SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921. EXCEPTING THEREFROM THAT PORTION THEREOF THAT LIES SOUTHWESTERLY OF A LINE THAT BEGINS AT A POINT IN THE NORTHWESTERLY LINE OF SAID LOT, DISTANT THEREALONG 159.9 FEET FROM THE MOST WESTERLY CORNER OF SAID LOT AND RUNS THENCE AT RIGHT ANGLES TO SAID NORTHWESTERLY LINE TO A POINT IN THE SOUTHEASTERLY LINE OF SAID LOT. ALSO, EXCEPTING FROM SAID LOT 31 THAT PORTION THEREOF LYING SOUTHEASTERLY OF A LINE DRAWN PARALLEL WITH AND 17.2 FEET NORTHWESTERLY MEASURED AT RIGHT ANGLES FROM THE SOUTHEASTERLY LINE OF SAID LOT. ALSO, EXCEPTING THEREFROM THE NORTHWESTERLY 54.00 FEET OF SAID LOT 31. PARCEL FOUR: THAT PORTION OF LOT 30 OF SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921, LYING NORTHEASTERLY OF THE NORTHEASTERLY-LINE OF THE SOUTHWESTERLY 162. 7 FEET OF SAID LOT 30. EXCEPTING THEREFROM THE SOUTHEASTERLY 60.3 FEET THEREOF. PARCEL FIVE: PARCEL 2 OF PARCEL MAP NO. 1339, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 23, 1973 AS FILE NO. 73-048297 OF OFFICIAL RECORDS. APN: 203-101-12-00 (Affects: Parcel One) 203-181-04-00 (Affects: Parcel 1 of Parcel Two) 203-181-03-00 (Affects: Parcel 2 of Parcel Two) 203-181-07-00 (Affects: Parcel Three) 203-181-10-00 (Affects: Parcel Four) and 203-181-16-00 (Affects: Parcel Five) TRACT B (File No. 895331): PARCEL A AS SHOWN ON CERTIFICATE OF COMPLIANCE, ADJUSTMENT PLAT NO. 190, AS EVIDENCED BY DOCUMENT RECORDED FEBRUARY 19, 1981 AS INSTRUMENT NO. 81- 050735 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LYING IN THAT SOUTHEASTERLY 60.30 FEET OF THE NORTHEASTERLY 162.70 FEET OF LOT #30, OF SEASIDE LANDS, THE NORTHWESTERLY LINE BEING PARALLEL WITH AND DISTANT NORTHWESTERLY 60.30 FEET FROM THE SOUTHEASTERLY LINE OF SAID LOT 30 PC RESO NO. 7375 -2- AND, THE NORTHWESTERLY 54.00 FEET OF LOT 31, OF SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF N·o. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921. EXCEPTING THEREFROM THAT PORTION THEREOF THAT LIES SOUTHWESTERLY OF A LINE THAT BEGINS AT A POINT IN THE NORTHWESTERLY LINE OF SAID LOT 31 DISTANCE THEREALONG 159.9 FEET FROM THE MOST WESTERLY CORNER OF SAID LOT AND RUNS THROUGH AT RIGHT ANGLES TO SAID NORTHWESTERLY LINE TO A POINT IN THE SOUTHEASTERLY LINE OF SAID LOT. APN: 203-181-08-00 and 203-181-09-00 ("the Property"); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map and Site Development Plan as shown on Exhibit(s) "A" -"0000" dated June 17, 2020, on file in the Planning Division CT 2019-0003/SDP 2019-0004 -CARLSBAD STATION, as provided by Chapters 20.12, 21.06, 21.35, and 21.86 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on June 17, 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 Tentative Tract Map and Site Development Plan. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of CT 2019-0003/SDP 2019-0004 -CARLSBAD STATION, based on the following findings and subject to the following conditions: Findings: Tentative Tract Map CT 2019-0003 1. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 ofthe Carlsbad Municipal Code, and the State Subdivision Map Act, PC RESO NO. 7375 -3- and will not cause serious public health problems, in that the proposed 83 condominium units comprising 79 residential units and four commercial units satisfy all minimum requirements of Titles 20 and 21 with respect to uses, public facilities, access, parking and setbacks; and is consistent with the General Plan as described below and in the project staff report dated June 17, 2020. Pursuant to Chapter 21.86 of the Carlsbad Municipal Code {CMC), a density bonus waiver is requested from the Village & Barrio Master Plan (VBMP), Village Center District, Section 2.71{1){1), provision that new ground floor street frontage uses shall occupy more than one-half of the habitable space developed on the ground floor. The findings for approval to support this modification can be made as provided below. A density bonus incentive is also being requested for the withdrawal of 79 units from the Excess Dwelling Unit Bank as discussed below. Although the project's density of 44.9 dwelling units per acre is above the maximum V- B density of 35 du/ac, the 79-unit mixed-use project can be found consistent with the General Plan Land Use Policies as discussed below. 2. That the proposed project is compatible with the surrounding future land uses in that the proposed mixed-use project is a permitted use within the Village Center {VC) District of the Village and Barrio Master Plan {VBMP) and is compatible with the other commercial and residential uses surrounding the project site. The adjacent properties are also located within the VC District of the VBMP. Given the variety of existing uses within the vicinity of the project site, which include multi-story residential and commercial developments, as well as the wide variety of uses permitted in the surrounding VC District, the proposed project is compatible with existing and future land uses. 3. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that the proposed project entails a request to construct mixed-use buildings which include 79 residential units. Pursuant to the Village & Barrio Maser Plan, the maximum number of units for a 1.75-acre parcel at 35 dwelling units per acre is 62. In order to construct 79 units, the applicant is requesting approval of a density bonus pursuant to CMC Chapter 21.86, the Residential Density Bonus and Incentives or Concessions Ordinance. CMC Chapter 21.86 was established as a means to implement the goals, objectives and policies of the Housing Element of the General Plan which includes the provision to provide housing affordable to lower to moderate income households. Specifically, the applicant is requesting up to a 35% density bonus pursuant to Table A of CMC Chapter 21.86.040. In exchange for designating 20% of the base maximum density number of units,· or 12 units, as inclusionary units, the developer is entitled to a 35% density bonus. The inclusionary apartments are required to be rent-restricted and affordable to low income households. The project meets the findings for approval of a density bonus, is consistent with CMC Chapter 21.86 and, therefore, consistent with this finding. 4. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the project has been designed and conditioned such that there are no conflicts with established easements. 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 6. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that structures have been designed to PC RESO NO. 7375 -4- include operable windows where practicable and balconies to maximize exposure of each unit to natural light and ventilation from nearby coastal breezes. 7. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the city and available fiscal and environmental resources in that the applicant proposes to designate 20% or 12 units as inclusionary units. Further, because ten or more inclusionary units are required, at least 10% of the lower income units shall have three (3) or more bedrooms. The project satisfies this requirement with the inclusion of two, three- bedroom inclusionary units. The city's Housing Policy Team recommended approval of the request on May 4, 2020. As required by CMC Chapters 21.85 and 21.86, the project has been accordingly-conditioned to require the approval of an Affordable Housing Agreement and Density Bonus Housing agreement, respectively, prior to issuance of building permit. 8. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the previously-developed lot is devoid of sensitive vegetation and any natural water features. Therefore, the proposed project does not impact any fish, wildlife or habitat. 9. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management Practices for water quality protection in accordance with the City's sewer and drainage standards and the project is conditioned to comply with the National Pollutant Discharge Elimination System {NPDES) requirements. Site Development Plan SOP 2019-0004 10. That the proposed development or use is consistent with the General Plan and any applicable master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the Carlsbad Municipal Code, and all other applicable provisions of this code, in that the project is consistent with the various elements and objectives of the General Plan as discussed in the findings below and in the project staff report dated June 17, 2020. 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 commercial and residential uses within the Village-Barrio {V- B) Land Use designation. Although the project's density of 44.9 dwelling units per acre is above the maximum V-B density of 35 du/ac, the 79-unit mixed-use project can be found consistent with the General Plan Land Use Policies as discussed in the findings below and in the project staff report dated June 17, 2020. 11. That the requested development or use is properly related to the site, surroundings and environmental settings, will not be detrimental to existing development or uses or to development or uses specifically permitted in the area in which the proposed development or use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the proposed mixed use project will not be detrimental to existing uses or to uses specifically permitted in the area in which the use is located in that mixed-use is a permitted use within the Village Center {VC) District of the Village and Barrio Master Plan {VBMP) and is compatible with the other commercial and residential uses surrounding the project site. The adjacent properties are also located within the VC District of the VBMP. Given the variety of existing uses within the vicinity of the project site, which include multi-story residential and commercial developments, as well as the wide variety of uses permitted in the surrounding VC District, the proposed PC RESO NO. 7375 -5- project is compatible with existing and future land uses. The proposed mixed-use project will not adversely impact the site, surroundings, or traffic circulation in that the existing surrounding streets have adequate capacity to accommodate the 1,615 Average Daily Trips (ADT) generated by the project, which is a net decrease of 181 ADT below the existing on-site uses that generate a total of 1,796 ADTs. With the exception of the density bonus waiver from the provision that new ground floor street frontage uses occupy more than one-half of the habitable space developed on the ground floor, the project complies with all minimum development standards of the VC District and the VBMP. The project is adequately parked on-site and will not result in any significant environmental impacts. 12. That the site for the intended development or use is adequate in size and shape to accommodate the use, in that with the exception of the density bonus waiver from the provision that new ground floor street frontage uses occupy more than one-half of the habitable space developed on the ground floor, the project complies with all minimum development standards of the VC District and the VBMP, and all other applicable sections of the Zoning Ordinance, as discussed elsewhere in the findings and in the project staff report dated June 17, 2020. 13. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested development or use to existing or permitted future development or use in the neighborhood will be provided and maintained, in that with the exception of the density bonus waiver from the provision that new ground floor street frontage uses occupy more than one- half of the habitable space developed on the ground floor as discussed elsewhere in the findings and in the project staff report, the project complies with all remaining development standards (i.e. front, side and rear setbacks, lot coverage, and parking) of the VC District and the VBMP. Landscaping along the courtyards and outer edges of the property, including street trees with ground cover in wells along Roosevelt Street and State Street, will be provided consistent with the requirements of the city's Landscape Manual. 14. That the street systems serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use, in that the mixed-use project will take access from Roosevelt Street, which is identified as a Village Street. Roosevelt Street is designed to adequately handle the 1,615 Average Daily Trips (ADT) generated by the project, which is a net decrease of 181 ADT below the existing on-site uses that generate a total of 1,796 ADTs. Roosevelt Street is improved with pavement, curb, gutter, and · minimum-width sidewalk. The project will reconstruct portions of the curb, gutter and sidewalk along the project frontage to accommodate project access into a below-grade parking garage. Street trees in wells and bicycle racks will be provided within a new 10.5-foot-wide sidewalk. The project will also reconstruct portions of the curb, gutter and sidewalk along the State Street project frontage to accommodate street trees and bicycle racks within a new 12-foot-wide sidewalk. City Council Policy No. 43, Allocation for Excess Dwelling Units 15. That the City's Housing Policy Team recommended approval of the request for an allocation of 79 units from the EDUB on May 4, 2020. 16. That pursuant to CMC Chapter 21 .85, a minimum of 15% of all proposed ownership units in any residential project are required to be restricted to lower income households. The proposal to construct 79 condominium units includes 15% of the total number of units (i.e., 12 units) as inclusionary units. The 12 units will be required to be rented or sold to households earning a low income level {80% of the San Diego County Area Median Income). As 10 or more units are PC RESO NO. 7375 -6- required, at least 10% of the lower income units shall have three (3) or more bedrooms. The project satisfies this requirement with the inclusion of two, three-bedroom inclusionary units. In addition, an Affordable Housing Agreement will be recorded prior to issuance of building permit. 17. 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 up to a 35% density bonus pursuant to CMC Chapter 21.86, Residential Density Bonus and Incentives or Concessions. The project meets the applicable findings associated with the proposed density bonus request as described in the findings below. The adjacent properties are also located within the VC District of the VBMP. Given the variety of existing uses within the vicinity of the project site, which include multi-story residential and commercial developments, as well as the wide variety of uses permitted in the surrounding VC District, the proposed four- story mixed-use project is compatible with existing and future land uses. 18. 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 mixed-use is encouraged in the urban core in the city's Housing Element and the proposed 35% density bonus is consistent with the provisions in CMC Chapter 21.86. 19. That there are an adequate number of units in the Excess Dwelling Unit Bank in the Village to remove 79 units. Per the city's Quadrant Dwelling Unit Report dated April 30, 2020, less any recent allocations, 528 units remain available for allocation in the Village. Residential Density Bonus, CMC Chapter 21.86 20. The project is consistent with the provisions of this chapter in that the proposed mixed-use project includes the requisite 20% of the base maximum density as low income, deed-restricted housing units. The project meets all of the density bonus housing standards in CMC Section 21.86.090, including but not limited to location of affordable units onsite and near transit, timing of construction, number and size of bedrooms, and parking. In addition, the allowance for a waiver from the requirement that new commercial ground floor street frontage uses occupy more than one-half of the habitable space developed on the ground floor is an allowable waiver. 21. 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 a waiver from the requirement that new commercial ground floor street frontage uses occupy more than one-half of the habitable space developed on the ground floor allows for a financially feasible project by sharing construction costs among all units including the land, permitting and construction costs, and allows for the development of the 79 units including 12 inclusionary units. 22. The requested incentive(s) or concession(s), and/or waiver(s) or reduction(s) of development standards, if any, will not result in an adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the California Government Code, to the public health and safety, the environment, or on any real property that is listed in the California Register of Historical Resources in that the allowance for a waiver from the requirement that new commercial ground floor street frontage uses occupy more than one-half of the habitable space developed on the ground floor will not adversely impact the public's health or safety, the environment or a historic PC RESO NO. 7375 -7- resource. The withdrawal of 79 units from the Excess Dwelling Unit Bank is a permitted incentive for density bonus projects in California pursuant to CMC Chapter 21.86.050 and Government Code §65915 as discussed in the staff report dated June 17, 2020. 23. 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 (Ord. CS-242 §§ 14, 15, 2014; Ord. NS-889, 2008; Ord . NS-794 § 11, 2006) in that the allowance for a waiver from the requirement that new commercial ground floor street frontage uses occupy more than one-half of the habitable space developed on the ground floor is clearly laid out as a waiver for density bonus projects in California pursuant to CMC Chapter 21.86.060 and Government Code §65915. The withdrawal of 79 units from the Excess Dwelling Unit Bank is a permitted incentive for density bonus projects in California pursuant to CMC Chapter 21.86.050 and Government Code §65915 as discussed in the staff report dated June 17, 2020. California Environmental Quality Act 24. 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 found that the exceptions listed in Section 15300.2 of the State CEQA Guidelines do not apply to this project. General 20. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the city's General Plan, and the development standards of the Village and Barrio Master Plan, based on the facts set forth in the staff report dated June 17, 2020 including, but not limited to the following: a. Land Use -The proposal to construct a mixed-use project with 79 residential condominiums and ground floor commercial would enhance the vitality of the Village by providing new residential and commercial land uses near the downtown core area. The project reinforces the pedestrian orientation desired for the downtown area by providing residents an opportunity to walk to shopping, restaurants, recreation, and mass transit functions. The project's proximity to existing bus routes and mass transit help further the goal of providing new economic development near transportation corridors. Overall, the mixed-use project would contribute toward the revitalization of the Village area. b. Mobility-The proposed project is located approximately 0.2 miles from the Carlsbad Village train station, which provides rail and bus service throughout the day. The project's proximity to the transit station would provide residents with the opportunity to commute to major job centers, thereby reducing vehicle miles traveled (VMTs) and the carbon footprint. Furthermore, the project supports walkability and mobility by locating the project near existing goods and services within the Village. c. Noise -The proposed project is consistent with the Noise Element of the General Plan in that the building's design, with windows closed, complies with the requirements of the noise study (Veneklasen Associates, dated June 21, 2019) and adequately attenuates the PC RESO NO. 7375 -8- interior noise levels for the new condominiums to 45 dB(a) CNEL or less (i.e., interior average noise level). The project is conditioned to provide mechanical ventilation. d. Housing -The proposed project includes twelve inclusionary units (20 percent) which will be required to be rented or sold 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. e. Public Safety-The proposed structural improvements would be required to meet all seismic design standards. The Fire Department has reviewed and approved the proposed conceptual building design with fire sprinklers included throughout the building along with a wet standpipe per the National Fire Protection Association (NFPA) 24 standards. Therefore, the proposed project is consistent with the applicable fire safety requirements. The project would be required to develop and implement a program of "best management practices" for the elimination and reduction of pollutants which enter and/or are transported within storm drainage facilities. The project has been conditioned to pay all applicable public facilities fees for Zone 1. f. Village Center (VC) District Standards -The project as designed, with the exception of the requested waiver from the provision that new commercial ground floor street frontage uses occupy more than one-half of the habitable space developed on the ground floor which is clearly laid out as a waiver for density bonus projects in California pursuant to CMC Chapter 21.86.060 and Government Code §65915, is consistent with the development standards for the VC District, the Village and Barrio Master Plan (VBMP) Design Guidelines and all other applicable regulations set forth in the VBMP as discussed in the project staff report dated June 17, 2020 and Attachment 4. 21. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all city public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44 and will be collected prior to issuance of building permit. c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. d. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 22. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by PC RESO NO. 7375 -9- a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 23. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1. 24. That all necessary public facilities required by the Growth Management Ordinance will be constructed .or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted city standards. 25. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50}. 26. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a grading or building permit, or approval of the Final Map, whichever occurs first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the city's approval of this Tentative Tract Map and Site Development Plan . 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map and Site Development .Plan documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. PC RESO NO. 7375 -10- 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly, from (a) city's approval and issuance of this Tentative Tract Map and Site Development Plan, (b) city's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even ifthe 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, conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision-making body. The copy shall be submitted to the City Planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 9. lhis 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 ofthe application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 11. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 12. Prior to the approval of the Final Map, Developer shall submit to the city a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a(n) Tentative Tract Map and Site Development Plan by Resolution(s) No. 7375 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all PC RESO NO. 7375 -11- conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 13. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the city's Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. 14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. 15. Developer shall establish a property owner's association and corresponding covenants, conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner prior to final map approval. Prior to issuance of a building permit, the Developer shall provide the Planning Division with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the City Planner. At a minimum, the CC&Rs shall contain the following provisions: a. General Enforcement by the City: The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. b. Notice and Amendment: A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. c. Failure of Association to Maintain Common Area Lots and Easements: In the event that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article---~ Section ______ the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In .the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association's Easements within the period specified by the City's notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. d. Special Assessments Levied by the City: In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association's Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association's Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the PC RESO NO. 7375 -12- Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty {20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent {6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal pro rata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article ____ of this Declaration. e. Landscape Maintenance Responsibilities: The Association and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit _____ _ f. Rooftop Decks and Balconies: Rooftop decks and balconies must be kept in a state of cleanliness and repair at all times. No visible storage or unsightly personal property is permitted and no furniture is permitted that is not intended for outdoor use. No personal property shall extend above the parapet or railing of decks or balconies, including potted plants or hanging plants. An umbrella that is in good maintained condition is acceptable. Outdoor patio and barbecue equipment must be maintained. No wood burning smokers, fire pit, tiki torches, or chimineas are allowed. No awnings, trellises, patio covers, pop-up shades, tarps, window coverings, screening or other equipment shall be installed on rooftop decks or balconies or the exterior of buildings with the exception of solar energy rooftop panels, building system equipment and features such as canopies and awnings that are part of the original building architecture. 16. This project is being approved as a condominium permit for residential and commercial ownership purposes. If any of the residential units in the project are rented, the minimum time increment for such rental shall be not less than 31 days. The CC&Rs for the project shall include this requirement. Should the City Council adopt an ordinance that would permit rental of the units for less than 31 days, this condition shall be null and void. 17. Prior to issuance of building permits, the Developer shall submit to the City Planner a recorded copy of the Condominium Plan filed with the Department of Real Estate which is in conformance with the City-approved documents and exhibits. 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 PC RESO NO. 7375 -13- 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 model unit(s), stating the fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. 20. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the City Planner, in the sales office or model unit(s), 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 model unit(s), 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.. 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. 23 . 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. 24. Prior to the recordation of the final map for any phase of this project, or where a final 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 the City to provide and deed restrict 12 inclusionary dwelling units. Specifically, 12 units shall be rented or sold at a price affordable to low income households at 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 the request to final the parcel map. The recorded Agreements shall be binding on all future owners and successors in interest. 25. Developer shall construct the 12 inclusionary units concurrent with the project's remaining 67 market-rate units, unless both the final decision-making authority of the city and the Developer agree within the Affordable Housing and Density Bonus Housing Agreements to an alternate schedule for development. 26. Developer shall construct, install, and stripe not less than 106 residential vehicle parking spaces and 37 commercial vehicle parking spaces within the confines of the below-grade parking garage as shown on Exhibits "A" -"0000" dated June 17, 2020. 27. Mechanical ventilation for each unit shall be shown on the plans submitted for building permit since windows are required to be closed to meet the maximum 45 dB(a) CNEL interior noise level. Noise consultant shall certify on the plans that the building construction proposed with the mechanical units listed will comply with the maximum interior noise limit. PC RESO NO. 7375 -14- Engineering General 28. 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. 29. 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. 30. Developer shall submit to the city engineer an acceptable instrument, via CC&Rs and/or other recorded document, addressing the maintenance, repair, and replacement of shared private improvements within this subdivision, including but not limited to private utilities, sidewalks, landscaping, 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 ofthe properties within this subdivision. 31. Developer shall prepare, submit and process for city engineer approval a final map to subdivide this project. There shall be one Final Map recorded for this project. Developer shall pay the city standard map review plan check fees. Fees/ Agreements 32. 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. 33. Developer shall cause property owner to execute and submit to the city engineer for r.ecordation the city's standard form Drainage Hold Harmless Agreement. 34. 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. 35. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for recordation, an Encroachment Agreement covering private sewer and storm drain utilities located over existing and proposed public right-of-way or easements as shown on the tentative map. Developer shall pay processing fees per the city's latest fee schedule. Grading 36. 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. PC RESO NO. 7375 -15- 37. This project may require off site grading. No grading for private improvements shall occur outside the project unless developer obtains, records, and submits a recorded copy, to the city engineer, a temporary grading, construction or slope easement or agreement from the owners of the affected properties. If developer is unable to obtain the temporary grading or slope easement, or agreement, no grading permit will be issued. In that case developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance and/or consistency determination from both the city engineer and city planner. 38. 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, mate Pia I 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. 39. Concurrent with the grading plans Developer shall include 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 40. 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. 41. 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. 42. Developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during construction of the project to the maximum extent practicable. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 43. 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 PC RESO NO. 7375 -16- 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. 44. 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. Dedication/Improvements 45. Developer shall cause owner to dedicate to the city and/or other appropriate entities an easement for public street & public utility purposes as shown on the site plan. The offer shall be made by a certificate on the final map. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Streets that are already public are not required to be rededicated. Additional easements may be required at final design to the satisfaction of the city engineer. 46. Developer shall design the private drainage systems, as shown on the site plan 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. 47. 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: a. Sidewalk b. Curb & gutter c. Street trees d. Water meter and lateral e. Sewer cleanout and lateral f. Sewer main and manholes Developer shall pay the standard improvement plan check and inspection fees in accordance with the fee schedule. 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. 48. Developer is responsible to ensure utility transformers or raised water backflow preventers that serve this development are located outside the right-of-way as shown on the Tentative Map and to the satisfaction of the city engineer. These facilities shall be constructed within the property. Non-Mapping Notes 49. Add the following notes to the final map as non-mapping data: g. 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: PC RESO NO. 7375 -17- Utilities i. Sidewalk ii. Curb & gutter iii. Street trees iv. Water meter and lateral V. Sewer cleanout and lateral vi. Sewer main and manholes h. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. i. Geotechnical Caution: The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. j. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the city approved development plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the city approved development plans. k. 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. 50. 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. 51. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. · 52. 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. 53. The developer shall design and agree to construct public sewerfacilities substantially as shown on the tentative map to the satisfaction of the district engineer and city engineer. 54. The potable water service for this project shall be master-metered which shall be located within a water easement or city's right-of-way subject to approval by the district engineer. Developer shall install private sub-meters as necessary for all proposed units in the building. Final meter PC RESO NO. 7375 -18- design, backflow preventer, size, and manufacturer shall be provided to the satisfaction of the district engineer and shown on public improvement plans. 55. The developer shall cause the owner to provide an aesthetic cover to the relocated SDG&E fuse cabinet on State Street to the satisfaction of the Engineering Manager of the Land Development Engineering division. Code Reminders 56. This tentative map shall expire two years from the date on which the City Council voted to approve this application. 57. 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. 58. Developer shall pay park-in-lieu fees in accordance with Section 20.44 of the City of Carlsbad Municipal Code to the satisfaction of the city engineer. 59. Developer shall pay sewer impact fees based on Section 13.10 of the City of Carlsbad Municipal Code. 60. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 61. 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. 62 . Developer shall pay a landscape inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 63. 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. 64. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 65. Any signs proposed for this development shall at a minimum be designed in conformance with the Village and Barrio Master Plan and shall require review and approval of the City Planner prior to installation of such signs. 66. 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 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 PC RESO NO. 7375 -19- 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 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a) and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 7375 -20- Community Development Department Planning Division 1635 Faraday Avenue  Carlsbad, CA 92008  760-602-4600  760-602-8560 fax ERRATA SHEET FOR AGENDA ITEM #2 Memorandum June 17, 2020 To: Planning Commission From: Kyrenne Chua, Associate Engineer Via Don Neu, City Planner Re: Errata Sheet for Agenda Item #2 – CT2019-0003/SDP2019-0004 CARLSBAD STATION Staff is recommending that the Planning Commission include the following revisions: ADD THE FOLLOWING CONDITION TO ENGINEERING’S CONDITIONS OF APPROVAL: The developer shall cause the owner to provide an aesthetic cover to the relocated SDG&E fuse cabinet on State Street to the satisfaction of the Engineering Manager of the Land Development Engineering division. ODODODODODODODOD OD OD OD"CARLSBAD STATION" DESIGN PLAN SHEET CARLSBAD, CA STATE STREET/ROOSEVELT STREET OD