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HomeMy WebLinkAbout2020-09-16; Planning Commission; Resolution 7382PLANNING COMMISSION RESOLUTION NO. 7382 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT . MAP, RESIDENTIAL PLANNED DEVELOPMENT PERMIT, NONRESIDENTIAL PLANNED DEVELOPMENT PERMIT, SITE DEVELOPMENT PLAN, COASTAL DEVELOPMENT PERMIT, HILLSIDE DEVELOPMENT PERMIT AND SPECIAL USE PERMITTO DEVELOP A MIXED- USE PROJECT CONSISTING OF 248 TOWNHOMES, 46 AFFORDABLE SENIOR APARTMENTS, AND 10,000 SQUARE FEET OF SPECIALTY COMMERCIAL USES ON 20.65 ACRES AT 4901 EL CAMINO REAL, GENERALLY LOCATED SOUTH OF EL CAMINO REAL EAST OF KELLY DRIVE, NORTH OF PARK DRIVE, AND WEST OF WEST RANCH STREET/LISA STREET, WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: MARJA ACRES CASE NO.: CT 16-07 /PUD 16-09/PUD 2018-0007 /SDP 2018-0001/ CDP 16-33/HDP 16-02/SUP 16-02 (DEV16038) WHEREAS, NUWI Carlsbad, LLC, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Michael W. and Marja D. Selna Family Trust 09-10-81 and Hoffman Legacy Trust 12-17-12, "Owner," described as PARCEL 1: PARCEL "B" OF CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 30, 2013 AS DOCUMENT NO. 2013-0338927 OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF PARCEL 2 OF CERTIFICATE OF COMPLIANCE FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 22, 1982 AS FILE NO. 82-293200 OFFICIAL RECORDS, SAID POINT ALSO BEING THE NORTHEAST CORNER OF SAID PARCEL "B"; THENCE SOUTH 01°58'54" WEST 315.79 FEET; THENCE SOUTH 64°58'15" WEST 1291.66 FEET; THENCE NORTH 76° 18'48" WEST 361.82 FEET; THENCE NORTH 18°32'12" EAST 525.56 FEET; THENCE NORTH 83°17'35" EAST 654.12 FEET; THENCE NORTH 87°30'41" EAST 333.00 FEET; THENCE NORTH 77°50'00" EAST 275.01 FEET; THENCE NORTH 01 °58'54" EAST 124.51 FEET; THENCE NORTH 87°27'37" EAST 110.00 FEET TO THE NORTHEAST CORNER OF SAID PARCEL "B". APN: 207-101-35-00 PARCEL 2: PARCEL "A" OF CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 30, 2013 AS DOCUMENT NO. 2013-0338927 OFFICIAL RECORDS; PARCEL "A" CONSISTS OF PARCEL 1 OF PARCEL MAP NO. 3451 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 31, 1975 AS FILE NO. 75-023997 OFFICIAL RECORDS AND A PORTION OF PARCEL 2 OF CERTIFICATE OF COMPLIANCE FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 22, 1982 AS FILE NO. 82-293200 OFFICIAL RECORDS, TOGETHER WITH THAT PORTION OF LOTS I AND E OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY NOVEMBER 16, 1986, LYING WITHIN EL CAMINO REAL (COUNTY ROAD SURVEY NO. 682) AS VACATED AND ABANDONED BY RESOLUTION RECORDED DECEMBER 21, 1976 AS FILE NO. 76-428052 OFFICIAL RECORDS; PARCEL "A" IS DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 1; THENCE ALONG THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID PARCEL 1, NORTH 18°32'12" EAST, 11.32 FEET TO A POINT ON THE ARC OF A NON- TANGENT 1673.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 26°43'20" WEST, SAID CURVE BEING SOUTHERLY AND CONCENTRIC WITH THE CENTERLINE OF ROAD SURVEY 1800-1, ON FILE IN THE OFFICE OF COUNTY SURVEYOR OF SAN DIEGO COUNTY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22°59'39" AN ARC DISTANCE OF 671.41 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL 1, A RADIAL LINE TO SAID POINT BEARS NORTH 3°43'41" EAST; THENCE NON-TANGENT TO SAID CURVE AND CONTINUING ALONG THE NORTHERLY LINE OF SAID PARCEL 1 NORTH 87°27'37" EAST, 205.36 FEET TO THE NORTHEAST CORNER OF SAID PARCEL 1, SAID POINT ALSO BEING THE NORTHWEST CORNER OF SAID PARCEL 2; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 2 NORTH 87°27'37" EAST, 263.56 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 01°58'54" WEST, 124.51 FEET; THENCE SOUTH 77°50'00" WEST, 257.37 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 1; THENCE SOUTH 77°50'00" WEST, 17.64 FEET; THENCE SOUTH 87°27'37" WEST, 333.00 FEET; THENCE SOUTH 83°17'35" WEST, 654.12 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 1, SAID POINT ALSO BEING THE NORTHWEST CORNER OF SAID PARCEL 2; THENCE NORTH 18°32'12" EAST, 440.00 FEET TO THE POINT OF BEGINNING. APN: 207-101-37-00 ("the Property"); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map, Residential Planned Development Permit, Nonresidential Planned Development Permit, Site Development Plan, Coastal Development Permit, Hillside Development Permit and Special Use Permit as shown on Exhibit(s) "A" -"CCCCCC" dated September 16, 2020, on file in the Planning Division CT 16-07/PUD 16-09/PUD 2018-0007/SDP2018-0001/CDP 16-33/HDP 16-02/SUP 16-02 -MARJA ACRES, as provided by Chapters 20.12, 21.06, 21.28, 21.45, 21.47, 21.84, 21.85, 21.86, 21.95 and 21.203 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on September 16, 2020, hold a duly noticed public hearing as prescribed by law to considersaid request; and PC RESO NO. 7382 -2- 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, Residential Planned Development Permit, Nonresidential Planned Development Permit, Site Development Plan, Coastal Development Permit, Hillside Development Permit and Special Use Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) Findings: That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, . the Commission RECOMMENDS APPROVAL of CT 16-07 /PUD 16-09/PUD 2018-0007 /SDP2018-0001/CDP 16-33/HDP 16-02/SUP 16-02-MARJA ACRES, based on the following findings and subject to the following conditions: Tentative Tract Map, CT 16-07 1. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the proposed 13-lot subdivision comprising 235 multi-family townhome residential units within the residential lots, and 13 multi-family townhomes, 46 age-restricted affordable apartments and two specialty commercial buildings within the commercial lots, satisfies all minimum requirements of Titles 20 and 21 with respect to uses, public facilities, access, and parking, as well as setbacks and other standards subject to state Density Bonus Law, and is consistent with the General Plan as described below and in the project staff report dated September 16, 2020. Pursuant to Carlsbad Municipal Code (CMC) Chapter 21.86, a density bonus concession is requested from CMC Section 21.28.015(A) that requires a mixed-use project to provide the residential units above the ground floor in a multi-story commercial building with only permitted commercial uses on the ground floor ("vertical" mixed-use project). The findings for approval to support this concession can be made as provided below. A density bonus incentive is also being requested for the withdrawal of 158 units from the Excess Dwelling Unit Bank (EDUB) within the Northwest Quadrant as discussed below. Density bonus waivers are also requested from various standards related to the relationship between the residential and commercial development on the commercial portion of the site, setback reductions, retaining wall heights and grading volume as discussed below. Although the project's densities of 41.3 dwelling units per acre (du/ac) within the General Commercial (GC) and 19.6 du/ac within the Residential R- 15 land use designations are above the maximum densities of 30 du/ac and 15 du/ac, respectively, the 294-unit mixed-use project can be found consistent with the General Plan, Titles 20 and 21 and the Subdivision Map Act, and will not cause serious public health problems. 2. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential· (R-4, R-8, and R-15) and Local Shopping PC RESO NO. 7382 -3- Center/Community Facilities (L/CF) development on the General Plan, in that the proposed project includes permitted uses and development allowed within the General Commercial (GC} and Residential (R-15) land use designations. The proposed density is within the parameters of CMC Chapter 21.86 and state Density Bonus Law. The proposed project with two-and three- story buildings is compatible with similar multi-family land use designations within the Robertson Ranch Master Plan development on the north side of El Camino Real that include three-story residential buildings fronting on a portion of El Camino Real. The project's specialty commercial uses will be compatible, and will not compete, with the planned future shopping center and community facility development on the commercial pad within the Robertson Ranch Master Plan since each project will cater to different market niches and resident needs. The project complies with maximum building height standards and has been designed to lower the grade to help ensure the mass and scale of the proposed townhomes are also compatible with the adjacent single-family neighborhoods. 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 a mixed-use project on the commercially-zoned property and multi-family townhomes on the residentially-zoned property, for a total of 294 dwelling units. Pursuant to the General Plan, the maximum number of dwelling units for 25% of the 5.73-net-acre commercial property at 30 du/ac is 43 units, and for the 12.04-net-acre residential property at 15 du/ac is 181 units, for a total of 224 units. In order to construct 294 dwelling 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 45 units, as affordable units, the developer is entitled to a 35% density bonus. The applicant is proposing 46 affordable apartments that are required to be rent-restricted and affordable to lower income households earning between 50% and 60% of the area median income. The project meets the findings for approval of a density bonus, is consistent with CMC Chapter 21.86 and, therefore, is 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 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 PC RESO NO. 7382 -4- proposes to designate 46 units as affordable units. An Environmental Impact Report (EIR) was prepared for the project. Mitigation measures have been incorporated into the design of the project and the Mitigation Monitoring and Reporting Program (MMRP) such that all potentiaUy significant impacts will be mitigated to below a level of significance. The city's Housing Policy Team recommended approval of the request on January 22, 2019. 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 permits. 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 project site is devoid of sensitive vegetation and wildlife. Mitigation measures have been included in the project EIR and MMRP to address possible grading impacts to nesting birds and to require appropriate permits if deemed to be required by regional, state and/or federal agencies for a short section of a potential non-wetland waters of the U.S. drainage ditch. With mitigation, the EIR determined that all potentially significant impacts will be mitigated to below a level of significance, and thus, the project is not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their 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. Residential Planned Development Permit, PUD 16-09 10. 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 pursuant to state Density Bonus Law and CMC Chapter 21.86, the project's overall density of 21.8 dwelling units per net acre for the 20.65-gross-acre project area is consistent with the R-15 Residential and General Commercial (GC) General Plan Land Use designations as discussed below. Additionally, subject to state Density Bonus Law and CMC Chapter 21.86, the project meets or exceeds all the minimum development standards, does not exceed maximum development standards, and is consistent with the design standards applicable to the property as contained in CMC Chapters 21.24 (Residential Density-Multiple (RD-M)) and 21.45 (Planned Developments). The project complies with the development standards for planned residential development contained in CMC Chapter 21.45 Table C, the development standards in CMC Chapter 21.45 Table E for condominiums, and the provisions of City Council Policy 66, Livable Neighborhoods, subject to provisions of state Density Bonus Law, as described in the project staff report dated September 16, 2020. 11. 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 mixed-use, density bonus project with 294 dwelling units will not be detrimental to, and is compatible with, existing surrounding development. The density bonus project provides the number of affordable dwelling units to warrant the requested 35% density bonus. The project is self-contained with two vehicular ingress/egress points from El Camino Real that each include deceleration lanes for right-in/right-out only access. The EIR PC RESO NO. 7382 -5- concludes that, with mitigation, the project can be developed as designed and with the density bonus incentives/concessions and waivers proposed without causing significant environmental impacts on the site, surroundings or vehicle miles traveled (VMT). The Local Mobility Analysis prepared for the project indicates that there is an existing deficiency in vehicular traffic level of service (LOS) below LOS D on the southbound El Camino Real road facility between Tamarack Avenue and Cannon Road in the morning peak hour. The LOS deficiency is not caused by the project's projected 901 increased average daily trips (ADTs), but already exists on this fully built- out portion of El Camino Real. Subject to the City Council's approval of the requested exemption for this road facility per the General Plan, the project is conditioned to comply with Transportation Demand Management (TDM) and Transportation System Management (TSM) requirements. 12. The project will not adversely affect the public health, safety, or general welfare, in that the mixed-use, density bonus project with 294 residential dwelling units has been designed to comply with all applicable CMC development standards and provisions. The EIR prepared for the project determined that all potentially significant impacts will be mitigated to below a level of significance. Therefore, the project will not adversely affect the public health, safety or general welfare. 13. 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 project is designed to reflect the former agricultural history of the site through its architectural style and use of materials and landscaping, includes a looped street with buildings and common open space areas arranged in an organized manner, and is sensitive to surrounding development through the proposed grading plan that is intended to preserve privacy of existing homes to the extent possible. Nonresidential Planned Development Permit, PUD 2018-0007 14. That the granting of this permit will not adversely affect and will be consistent with the Municipal Code including all the minimum development standards of the underlying zone except for lot area, the General Plan, applicable specific plans, master plans, and all adopted plans of the city and other governmental agencies, in that subject to state Density Bonus Law and CMC Chapter 21.86, the proposed project is consistent with the General Commercial (GC) General Plan Land Use designation, an development standards of the General Neighborhood Commercial (C-2) Zone and CMC Titles 20 and 21 regulations governing subdivisions and the design of nonresidential planned developments. 15. That the proposed use at the particular location is necessary and desirable to provide a service or facility which will contribute to the general well-being of the neighborhood and the community, in that the proposed nonresidential planned development provides for individual ownership of the lot with the two proposed specialty commercial buildings, the age-restricted affordable apartment building lot, and the airspace townhome condominiums within the commercial portion of the project. The mixed-use project is compatible with the proposed townhomes in the southern portion of the project site and other existing surrounding uses, and is necessary and desirable to provide a mix of uses that will contribute to the general well-being of the neighborhood and community. PC RESO NO. 7382 -6- 16. That such project will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity, in that, subject to state Density Bonus Law and CMC Chapter 21.86, the project meets all applicable city standards and ordinances, including the McClellan-Palomar Airport Land Use Compatibility Plan, and all public facilities and services are already developed. The proposed vehicular access to and from the site from El Camion Real is designed to be adequate for the proposed nonresidential planned development. The subdivision includes all necessary features to be compatible with surrounding development. The EIR prepared for the project determined that all potentially significant impacts will be mitigated to below a level of significance. Therefore, the project will not adversely affect the health, safety, or general welfare of persons residing or working in the vicinity, or be injurious to property or improvements in the vicinity. Site Development Plan, SDP 2019-0004, CMC Chapter 21.28 -Residential Uses in C-2 Zone 17. 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 below and in the project staff report dated September 16, 2020. The townhomes and affordable senior apartments are located in a proposed mixed-use setting with specialty retail and restaurant uses within the C-2 zone. The density of the residential component for 59 units is consistent with the General Plan and Zoning Ordinance for density bonus projects. The project site is served by existing transit and is within L7 miles of other existing commercial and business services, and across the street from the future Robertson Ranch commercial site. The townhomes and apartments comply with all applicable development standards for residential uses within the C-2 zone including lot coverage, height, setbacks, and parking, etc., subject to density bonus provisions for concessions and waivers or reductions of standards discussed below and in the project staff report. The project provides at least 20% of the base maximum density units as 46 age-restricted affordable apartments. The project complies with all applicable standards for senior housing as discussed below and in the project staff report. 18. 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 townhomes and affordable senior apartments within the C-2 zone will not be detrimental to existing uses or to uses specifically permitted in the area in which the use is located in that the townhomes and apartments are permitted uses within the C-2 zone, and are compatible with the adjacent proposed specialty retail and restaurant uses in the same area of the project. The townhomes and senior apartments are also compatible in design, scale and massing with the proposed townhomes proposed to the south on the project site, as well as the existing and future residential and commercial uses within Robertson Ranch north of the project site. The townhomes and senior apartments will not adversely impact the site, surroundings, or traffic circulation. The project provides the required riparian buffer from the offsite Kelly Creek to the west of the senior apartments. El Camino Real has adequate capacity to accommodate the 274 Average Daily Trips (ADTs) generated by the residential portion of the commercial area, and adequate capacity for the 901 net ADTs generated by the overall project excepting the existing southbound morning peak hour level of service which will be addressed by compliance PC RESO NO. 7382 -7- with the Growth Management Program. The project is adequately parked on-site and does not result in any significant environmental impacts. 19. That the site for the intended development or use is adequate in size and shape to accommodate the use, in that the townhomes and affordable senior apartments are located in the commercial portion of the project. Each residential component maintains its own space since they are in separate buildings from the commercial uses and provide their own parking spaces. The subject site is adequate in size and shape to accommodate the proposed 13 townhomes, 46 affordable senior apartments and the specialty retail and restaurant uses in that, subject to density bonus provisions for concessions and waivers or reductions of standards discussed below, the mixed- use component of the project complies with all remaining development standards for residential uses located within the C-2 zone and the additional standards for senior housing. The project is entitled to the requested number of units and the density bonus incentives/concessions and waivers are necessary for the project to be developed at the density and with the incentives/concessions permitted by CMC Chapter 21.86 as discussed below and in the project staff report dated September 16, 2020. 20. 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 the townhomes and affordable senior apartments comply with all applicable development standards for residential uses within the C-2 zone including lot coverage, height, setbacks, and parking, etc., subject to density bonus provisions for concessions and waivers or reductions of standards discussed below. The architecture of the townhome and senior apartment buildings is compatible with the proposed commercial buildings. Landscaping along the El Camino Real frontage of the project will be provided consistent with the requirements of the city's Landscape Manual. 21. 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 proposed project has been designed with two street entries from El Camino Real that will each provide deceleration lanes. El Camino Real is identified as an arterial street and is designed to adequately handle the 274 Average Daily Trips (ADTs) generated by the residential portion of the commercial area, and adequately handle the 901 net ADTs generated by the overall project as analyzed by the project Local Mobility Analysis excepting the existing southbound morning peak hour level of service which will be addressed by compliance with the Growth Management Program. The project EIR includes mitigation measures that will reduce any impacts associated with VMT to a level that is below significance. The project site is served by two NCTD bus routes with stops adjacent to the site and continuous sidewalks along El Camino Real and pedestrian connections from within the project to the sidewalks. Existing bike lanes are provided on El Camino Real. In addition, the applicant will be required to pay traffic impact fees prior to issuance of building permits that will go towards future road improvements. SOP 2019-0004, CMC Chapter 21.84 -Housing for Senior Citizens 22. The senior housing project shall not result in density or design that is incompatible with other land uses in the immediate vicinity in that the affordable senior apartments are located in the commercial portion of the project but maintains its own space since it is in a separate building from the commercial uses and provides its own parking spaces and site amenities. The architecture of the senior apartment building is compatible with the proposed retail, restaurant and townhome buildings located on the balance of the commercial portion of the project. The PC RESO NO. 7382 -8- senior apartments provide the required affordable housing for the project, and the density associated with the 46 apartments is consistent with the General Plan and Zoning Ordinance for density bonus projects. The senior apartment building and use is compatible with the adjacent commercial and residential uses within the project, and with existing residential uses in the surrounding area. Coastal Development Permit, CDP 16-33 23. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the three-story buildings will not obstruct views of the coastline as seen from public lands or the public right-of-way since there are no views of the coastline froni El Camino Real. The project's location along the El Camino Real arterial corridor will not damage the visual beauty of the Coastal Zone. It was determined that the site does not qualify as prime, non-prime or coastal agricultural land required to be preserved pursuant to the Coastal Act when the Coastal Commission approved the General Plan land use changes for the project site. Lastly, the project maintains the required SO-foot riparian buffer from the off-site Kelly Creek to the west, and any impacts to potential non-wetland waters of the US will be appropriately mitigated. 24. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the site does not have frontage along the coastline so no public opportunities for coastal shoreline access or water-oriented recreation activities are available from the site. 25. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP} to avoid increased urban runoff, pollutants, and soil erosion. The site is not located in an area susceptible to floods. The project site contains unstable .soils which could be susceptible to erosion, seismic events, landslides or liquefaction, but these potential impacts will be mitigated to a level below significance through the incorporation of the EIR mitigation measures to ensure consistency with the provisions of CMC Chapter 21.203. The project also proposes a deviation for grading of steep slopes over 25% within the Coastal Resources Protection Overlay Zone covering a total of 4.8 acres. Pursuant to CMC Section 21.203.040(A)(3), grading of steep slopes requires approval by the City Council when all of the following findings are met: a. A soils investigation conducted by a licensed soils engineer has determined the subject slope area to be stable and grading and development impacts mitigatable for at least seventy-five years, or the life of the structures. b. Grading of the slopes is essential to the development intent and design in order to meet the General Plan's requirement to develop a minimum of 12 du/ac and to achieve the objectives of the proposed density bonus project at the density and with the incentives/concessions permitted by CMC Chapter 21.86. In addition, the grading is essential to provide a looped vehicular access private street extending from El Camino Real through to the higher-grade elevations of the project, while still keeping the higher grades low compared with existing development south of the project to help preserve privacy and enhance the project's compatibility with surrounding development. PC RESO NO. 7382 -9- c. Slope disturbance will not result in substantial damage or alteration to major wildlife habitat or native vegetation areas as there are no major wildlife habitat or native vegetation areas (Habitat Management Plan Group F habitat) on site. The project will impact other lands, including former agricultural/disced land, non-native/ornamental vegetation, and disturbed lands, and is conditioned to pay habitat in-lieu fees for impacts to 14.8 acres of Group F habitat. d. Because north-facing slopes are generally more prone to stability problems and in many cases contain more extensive natural vegetation, no grading or removal of vegetation from these areas will be permitted unless all environmental impacts have been mitigated. The EIR prepared for the project determined that there is no natural vegetation on the site, and all potential impacts will be mitigated to below a level of significance. Hillside Development Permit, HOP 16-02 26. That hillside conditions and any undevelopable areas of the project, i.e., slopes over 40%, have been properly identified on the constraints map which show existing and proposed conditions and slope percentages. 27 . That the development proposal is consistent with the intent, purpose, and requirements of the Hillside Ordinance, Chapter 21.95, in that: a. The project implements the goals and objectives of the land use and open space/conservation elements of the Carlsbad General Plan for infill mixed-use residential development as discussed below. b. The existing hillside conditions have been properly identified and addressed in the planning process. c. The project preserves and/or enhances the aesthetic qualities of manufactured slopes by its design that relates to the slope of the land and re-calibrating and re-creating a lower and an upper development area. There are no significant visible manufactured slopes along El Camino Real. While the density bonus project through its permitted waivers does not minimize the amount of project grading, the design ensures that plantable retaining walls that exceed height standards are focused in areas that are not highly visible public locations. d. The project provides the required SO-foot riparian buffer from development to the offsite Kelly Creek, and biofiltration BMPs to address drainage and water quality, thereby protecting the riparian ecosystem from increased erosion. In accordance with the EIR and mitigation measures prepared for the project, no substantial impacts to natural resource areas, wildlife habitats or native vegetation areas will occur as a result of the project. 28. That the proposed development or grading will not occur in the undevelopable portions of the site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, in that: a. Pursuant to CMC Section 21.95.140.B, only one small area of the site is a minimum of 10,000 square feet in area, over 40% gradient and has an elevation differential of greater than 15 feet. It is near the center of the site at the transition between the commercial and residential parcels, and is a small portion of the general north-south slope up to the higher mesa area of the site. This overall slope has a gradient that is predominantly 25% and as PC RESO NO. 7382 -10- such, is not in any way considered to be a prominent land form feature. Other areas of 40% slope are either smaller than 10,000 square feet or have an elevation differential of less than 15 feet. Therefore, the 40% slopes are permitted to be developed. b. The site is partially traversed by an SDG&E power transmission easement. Pursuant to CMC Section 21.53.230(c), the location of accessory facilities including but not limited to vehicular access and parking, recreation areas and landscaping, etc., for a residential development may be located on land that is subject to major power transmission easements. No dwelling units or commercial buildings are located within the SDG&E easement. 29. That the project design substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines Manual, in that there are no proposed downhill perimeter slopes exceeding 40% gradient and an elevation differential of greater than 15 feet; no slope edge building setbacks are required; and grading and retaining walls are allowed pursuant to waivers of standards permitted by CMC Chapter 21.86 and state Density Bonus Law. 30. That the project design and lot configuration does not minimize disturbance of hillside lands, but the proposed waivers of development standards are permitted by CMC Chapter 21.86 and Government Code Section 65915. Special Use Permit, 16-02 31. The proposed project conforms to the intent of the Scenic Preservation Overlay for development along El Camino Real which is an arterial scenic corridor in that the proposed project is an upslope site within Area 2 (Carlsbad Village Drive to West Ranch/Lisa Street) of the El Camino Real Corridor, an area that is predominated by single-and multi-family residential uses. The Corridor standards apply to the site's first 300 feet from the edge of the roadway because it is an upslope condition. The common design theme for this area is "suburban residential." The proposed project, with the exception of grading that is subject to a density bonus waiver discussed below, is consistent with all of the development standards and intent of those standards with regard to aesthetic considerations including but not limited to medians, sidewalks, building height, setbacks from the arterial, and roof equipment. City Council Policy No. 43, Allocation for Excess Dwelling Units 32. That the City's Housing Policy Team recommended approval of the request for an allocation of 158 units from the EDUB on January 22, 2019. 33. That pursuant to CMC Chapter 21.85, a minimum of 15% of all residential dwelling units in a project are required to be restricted to low income households. Pursuant to the General Plan update, the project site is subject to the requirements of Planning Commission Resolution No. 7114 that instead requires either 20% of a project's total dwelling units to be affordable to low income households earning up to 80% of the area median income (AMI), or 15% of the total dwelling units to be affordable to lower income households earning 50% AMI. Under the 15% provision, the proposed 294 dwelling units is required to provide 44 units as inclusionary apartments affordable to lower income households. The project proposes 46 units that will be rent-restricted to lower income households earning 50% (37 apartments) and 60% (seven apartments) AMI, plus an additional two (2) apartments at 60% AMI that could otherwise be market-rate apartments, which is equivalent to 44 units at 50% AMI as discussed in the project PC RESO NO. 7382 -11- staff report dated September 16, 2020. An Affordable Housing Agreement will be recorded prior to issuance of building permits. 34. 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 project is compatible with similar multi-family land use designations within the Robertson Ranch Master Plan development on the north side of El Camino Real that include three-story residential buildings fronting on a portion of El Camino Real. The mixed-use aspect of the project will complement and not compete with the planned future Robertson Ranch commercial shopping center. The project complies with maximum building height standards and parking standards, and has been designed to lower the grade to help ensure the mass and scale of the proposed market-rate town homes are compatible with the adjacent single-family neighborhoods. 35. 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 strategic locations to provide a pedestrian-oriented environment for the surrounding neighborhood, and include high and medium density housing surrounding the commercial uses. The project's small-scale specialty retail and restaurant uses are integrated with the surrounding higher density townhomes and affordable senior apartments that are connected via proposed sidewalks and the private street. The proposed 35% density bonus is consistent with the provisions of state Density Bonus Law and CMC Chapter 21.86. 36. That the project complies with the findings stated in the General Plan Land Use Element for projects that exceed the growth management control point for the applicable density range in that: a. The project qualifies for and will receive an allocation of excess dwelling units pursuant to City Council Policy No. 43 because the project is compatible with surrounding existing and planned neighborhoods and land uses, and the Northwest Quadrant dwelling unit limit will not be exceeded as a result of the proposed project, as further discussed below. b. There have been sufficient residential projects approved at densities below the GMCP so the citywide and quadrant dwelling unit limits will not be exceeded as a result of the proposed project in that there are an adequate number of units in the Excess Dwelling Unit Bank in the Northwest Quadrant to remove 158 units. Per the city's Quadrant Dwelling Unit Report dated July 30, 2020, less any recent allocations, 646 units remain available for allocation in the Northwest Quadrant. c. All necessary public facilities will be constructed or are guaranteed to be constructed concurrently with the need for them created by this development and in compliance with adopted city standards in that the project plans and conditions of approval ensure either financial contribution through required impact fees or actual construction of improvements concurrent with development. Residential Density Bonus, CMC Chapter 21.86 PC RESO NO. 7382 -12- 37. 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 lower income, deed- restricted apartment 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, size and bedroom count of affordable units, timing of construction, and parking. In addition, the requested incentives, concessions and waivers are allowable and consistent with the 35% density bonus. 38. The requested incentive(s) or concession(s) will result in identifiable, financially sufficient, and actual cost reductions in that the requested incentive for the allocation of excess dwelling units allows for a financially feasible project by allowing the applicant to amortize costs over a larger number of residential units, thereby creating additional revenue to offset the cost of providing housing for low-income and very-low-income seniors. In addition, the requested concession to allow a mixed-use project with residential units in separate buildings (13 townhomes in one building and 46 apartments in another building) from the commercial buildings ("horizontal") rather than above ground floor commercial in a multi-story building ("vertical") allows for a financially feasible project because it results in cost reductions that enable the provision of housing that is affordable to the designated income groups as discussed in the project staff report and attachment dated September 16, 2020. 39. The requested incentive(s) or concession(s), and/or waiver(s) or reducti6n(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: a. The incentive and concession will have no impact on the publi~ health and safety, the environment or any real property that is listed in the California Register of Historical Resources because the allocation of 158 units is a permitted incentive for density bonus projects and is an administrative action. Furthermore, the requested horizontal mixed-use is an allowable concession for density bonus projects, and is only a change in the form, not the substance, of the project. b. The development of the project with the requested waivers or reduction of development standards will not result in an adverse impact to the public health and safety, the environment, or on any real property that is listed in the California Register of Historical Resources because the project EIR determined that, with mitigation and implementation of the MMRP, all potential impacts will be mitigated to a level that is below significant. 40. The requested incentive(s) or concession(s), and/or waiver(s) or reduction(s) of development standards is not contrary to state or federal law in that: a. The proposed incentive and concession are permitted for density bonus projects in California pursuant to CMC Section 21.86.050 and Government Code Section 65915. b. The waiver of development standards to 1) not require residential uses to be secondary to primary commercial uses for the project site within the General Commercial (C-2) zone per CMC Section 21.28.015(()(2); 2) waive the building setback requirement in CMC Section 21.45.080 (Table E, Section E.5); 3) allow the grading volume to exceed the acceptable volume in the Hillside Development Ordinance, CMC Section 21.95.040(D)(2); 4) allow PC RESO NO. 7382 -13- General vertical retaining wall heights to exceed the maximum six-foot height limit of the Hillside Development Ordinance, CMC Section 21.95.140(C}(l); and 5) allow cut and fill grading to exceed the maximum of 10 feet contained in the El Camino Real Corridor Standards Section IV(B), are all permitted for density bonus projects in California pursuant to CMC Section 21.86.060 and Government Code Section 65915. Moreover, all of the waived development standards, if imposed on the project, would have the effect of physically precluding the construction of the proposed housing development at the densities and with the incentive and concession permitted by Title 21 and state Density Bonus Law because they would reduce the developable pad area and reduce the number of dwelling units that could be developed with the project. c. The reduction of development standards in CMC Section 21.45.060 (Table C, Section C.4) to reduce the parkway width from the standard 5.5 feet to between 3.5 and five feet, and to reduce the sidewalk width from the standard five feet to 4.5 feet is permitted for density bonus projects in California pursuant to CMC Section 21.86.060 and Government Code Section 65915. Moreover, if these standards are not reduced but are imposed on the project, they would have the effect of physically precluding the construction of the proposed housing development at the densities and with the incentive and concession permitted by Title 21 and state Density Bonus Law because they imposing the standards would reduce the developable pad area and reduce the number of dwelling units that could be developed with the project. 41. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the city's General Plan based on the facts set forth in the staff report dated September 16, 2020 including, but not limited to the following: a. Land Use -The proposal to construct a mixed-use project with 248 residential condominiums, 46 age-restricted affordable apartments and 10,000 square feet of specialty commercial uses provides additional for-sale and affordable senior apartment housing opportunities along with neighborhood-serving commercial on a site that is designated for such uses. No land use changes are required. The project provides a diversity of compatible land uses and a variety of product types that will appeal to awide cross-section of residents, includes on-site recreation, urban garden amenities and all required parking, and will provide workforce housing in proximity to nearby employment centers. The project's proximity to existing bus routes helps further the goal of providing new economic development near transportation corridors. The project proposes to provide 20% of the base maximum density as affordable units, which entitles the project to a 35% density bonus. As a result of meeting density bonus and the city's inclusionary housing requirements, the project is permitted to exceed the Growth Management Control Point and it qualifies to receive the allocation of units from the city's Excess Dwelling Unit Bank. b. Mobility -The proposed project will maintain an existing sidewalk along El Camino Real, and will provide continuous connected sidewalks and pathways throughout the project, which will provide pedestrian access to and from the project. Bike lanes already exist on El Camino Real and bus stops serve two regional and local serving bus transit service lines along El Camino Real. The project will implement Transportation Demand Management strategies including but not limited to transit subsidies and ridesharing to support multi- modal alternatives and reduce vehicle miles traveled (VMT) associated with the project. In PC RESO NO. 7382 -14- order for the City Council to exempt the vehicle mode of travel from the LOS standard at a particular street segment, the street segment must be identified as built-out by the City Council because either a) acquiring the, right of way is not feasible; or b) proposed improvements would significantly impact the environment in an unacceptable way and mitigation would not contribute to the nine core values of the Carlsbad Community Vision; or c) proposed improvements would result in unacceptable impacts to other community values or General Plan policies; or d) proposed improvements would require more than three through travel lanes in each direction. The project will request the City Council to exempt the vehicle mode of travel from the LOS standard for the street segment on El Camino Real from Tamarack Avenue to Cannon Road because it is built-out at its intended width with three through travel lanes in each direction, so no capacity improvements are available to improve the segment's level of service. Subject to the City Council exempting the street segment, the project is conditioned to implement TDM and Transportation System Management (TSM) strategies per General Plan Mobility Element Policy 3-P.11 because it will add traffic to an exempted circulation facility. c. Open Space -There is no wildlife habitat nor rare, threatened or endangered species present on the project site. The potential non-wetland waters of the US drainage ditch may require regional, state and federal permits and the project will need to survey for potential nesting bird impacts per the EIR MMRP. The project is not required to provide a public park or dedicate public open space. However, the project provides a well-integrated system of common recreational areas throughout the project site that meet or exceed city requirements. d. Noise -The proposed project is consistent with the Noise Element of the General Plan as identified in the noise study (Dudek, dated December 2018, updated by memorandum August 7, 2019) in that the project's design will include noise barriers where necessary on outside balconies and roof deck areas to protect residents from identified El Camino Real traffic noise levels. In addition, an acoustical report will be required during plan check to ensure that HVAC or other mechanical equipment will not exceed relevant noise standards at the property line of adjacent residences, and to ensure that the units, with windows closed, will adequately attenuate the interior noise levels for the new dwelling units to 45 dB(a) CNEL or less (i.e., interior average noise level). The project is conditioned to provide mechanical ventilation. The project is also conditioned to provide overflight notification regarding potential noise from proximity to the McClellan-Palomar Airport and aircraft operations. 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 project site plan, locations of buildings and emergency access. The proposed project is consistent with all applicable fire safety requirements. A Conceptual Fire Protection Plan will be required for any areas that interface with open space as the site is within an area mapped by the state to have a moderate threat from wildfire. 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. Sustainability -The project implements and is consistent with measures identified in the Climate Action Plan (CAP) through the provision of renewable energy generation PC RESO NO. 7382 -15- (photovoltaic systems), energy conservation (Green Building Code), and by accommodating Zero-Emission vehicles and other greenhouse gas reduction measures and features. The project will also be subject to CAP ordinances that are in effect at the time building permits are issued. g. Housing -The proposed project includes 46 age-restricted affordable apartments that meet the 20% density bonus requirement, as well as the city's inclusionary requirement of 15% (or 44 units) affordable to households earning 50% of the area median income (AMI) by providing 46 units affordable to senior households earning 50% and 60% AMI. The provision affordable and market-rate housing will contribute toward achieving the city's Regional Housing Needs. The project is consistent with state Density Bonus Law, the city's density bonus program and Growth Management Plan, and is able to provide the mix of housing types and affordability levels through density bonus incentives, concessions and waivers to which the project is entitled. The project has been conditioned accordingly to require the approval of an Affordable Housing Agreement and Density Bonus Agreement prior to building permit issuance. 42. Precise Plan 20, adopted by City Council Resolution No. 1507 on March 19, 1968, is hereby rescinded and no longer of force or effect. The commercial portion of the site shall be governed by the permitted uses table of the General Commercial (C-2) zone, CMC Chapter 21.28, Table A. 43. 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 permits, or prior to the sale of the subdivided property, whichever occurs first. 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 permits. 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 permits. 44. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 45. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1. PC RESO NO. 7382 -16- 46. 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. In the event the City Council does not exempt the deficient street facility on southbound El Camino Real from Tamarack Avenue to Cannon Road from the GMP vehicular level of service standard, then prior to final map approval, developer shall enter into an agreement with the city to implement, financially contribute to or otherwise comply with the measure adopted by the City Council to address said deficiency. 47. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan- Palomar Airport (ALUCP), dated December 1, 2011, in that, as conditioned, the applicant shall record a notice concerning aircraft noise. The project is compatible with the projected noise levels of the ALUCP and the land use is compatible with the airport, in that the project site is not located within any identified noise contour of the ALUCP and is located outside all safety zones identified in the ALUCP . 48. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 49. 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 iri 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 (excluding demolition permits for existing structures onsite), or approval of the Final Map, whichever occurs first; or pursuant to an approved construction schedule at the discretion of the appropriate division manager or official. 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/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/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. PC RESO NO. 7382 -17- 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. Developer shall implement, or cause the implementation of, the Marja Acres EIR Project Mitigation Monitoring and Reporting Program. 6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly, from (a) City's approval and issuance of this Tentative Tract Map/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 if the city's approval is not validated. 7. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the (Tentative Map/Site Plan or other), 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. 8. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 9. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 10. This approval is granted subject to the approval of EIR 2017-0001 and is subject to all conditions contained in Planning Commission Resolution No. 7381 for that other approval incorporated herein by reference, and subject to compliance with the City of Carlsbad Growth Management Plan. 11. This approval shall become null and void if a complete final map is not filed with the city and building permits are not issued for this project within 24 months from the date of final project approval by the City Council, unless a time extension is filed in a timely manner and approved by the City of Carlsbad. 12. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the city that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the PC RESO NO. 7382 -18- building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 13. This project has been found to result in impacts to wildlife habitat or other lands, such as former agricultural/disced land, non-native/ornamental vegetation, and disturbed lands, which provide some benefits to wildlife, as documented in the city's Habitat Management Plan and the environmental analysis for this project. Developer is aware that the city has adopted an In-lieu Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species. The Developer is further aware that the city has determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the General Plan. Developer or Developer's successor(s) in interest shall pay the habitat in-lieu fees for impacts to 14.8 acres of Group F habitat prior to recordation of a final map, or issuance of a grading permit or building permit, whichever occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not be consistent with the Habitat Management Plan and the General Plan and any and all approvals for this project shall become null and void. 14. Prior to the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement and Density Bonus Housing Agreement with the city to provide and deed restrict 46 dwelling units (senior apartments) as affordable to lower-income households for 55 years, earning up to 50% of the area median income (AMI) (37 units) and 60% AMI (nine (9) units) or as otherwise approved in the Affordable Housing and Density Bonus Agreements, in accordance with the requirements and process set forth in Chapters 21.85 and 21.86 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 map, and shall be recorded prior to issuance of the first building permit. The recorded Affordable Housing Agreement and Density Bonus Housing Agreement shall be binding on all future owners and successors in interest. 15. Developer shall construct the required 46 inclusionary units concurrent with the project's 248 market rate units, unless both the final decision-making authority of the city and the Developer agree within an Affordable Housing and Density Bonus Housing Agreements to an alternate schedule for development . . 16. 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. 17. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. 18. Developer shall establish a property owner's/homeowner's association for the residential and commercial components of the project and corresponding covenants, conditions and restrictions (CC&Rs). The townhomes and senior apartments on the commercial site and the market-rate PC RESO NO. 7382 -19- townhomes shall be part of a Master Association for the project, and the commercial building site may be part of a separate property owner's association under the Master Association, or pursuant to other arrangements to the satisfaction of the City Planner, City Engineer and City Attorney. 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, the city shall have the right to disapprove. A copy of the final approved,amendment shall be transmitted to the city within 30 days for the official record. c. Failure ofAssociation to Maintain Common Area Lots and Easements: In the event that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article---~ Section ______ the city shall have the right, but not the duty, to perform the necessary maintenance. If the city elects to perform such maintenance, the city shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the city finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association's Easements within the period specified by the city's notice, the city shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. d. Special Assessments Levied by the city: In the event the city has performed the necessary maintenance to either Common Area Lots and/or Association's Easements, the city shall submit a written invoice to the Association for all costs incurred by the city to perform such maintenance of the Common Area Lots and or Association's Easements. The city shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the city will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the city may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the city, the city may levy a special assessment against the Owners of each Lot in the Project for an equal pro rata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the city with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and PC RESO NO. 7382 -20- 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 HOA's and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit ___ _ f. Balconies and rooftop decks: The individual unit owner allowances and prohibitions regarding balconies and decks shall be as set forth in Exhibit __ _ g. Parking: All required parking including townhome two-car garages; parking spaces in the senior apartment parking lot and the commercial parking lot, and on-street visitor parking spaces, shall be made permanently available and be permanently maintained for parking purposes. h. 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. One 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, gazebos, pergolas, cabanas, 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 rooftop photovoltaic solar panels. i. TDM Administrator: The Developer/HOA shall be responsible for implementation of the project's VMT reduction measures and TDM plan as set forth in Exhibit __ _ 19. Prior to issuance of building permits for the senior apartments, plans shall demonstrate to the satisfaction of the City Planner and Building Official that tubs and/ or showers shall be equipped with at least one grab bar, temperature regulating devices, and slip resistant bottom surfaces, and that peepholes are provided in entry doors. The plans shall also demonstrate that the apartments are designed .to the greatest extent practicable to implement the principals of universal design which encourage accessible and adaptable features for t_he disabled or mobility impaired. 20. 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. 21. Prior to issuance of grading and building permits, developer shall list the following condition on all grading and building permit plans. Construction activities shall take place during the permitted time and day per Carlsbad Municipal Code Chapter 8.48. Developer shall ensure that construction activities for the proposed project are limited to the hours from 7:00 a.m. to 6:00 p.m. Monday through Friday, and 8:00 a.m. to 6:00 p.m. on Saturdays; no work shall be conducted on Sundays or on federal holidays. 22 . Prior to issuance of grading and building permits, developer shall list the following on all grading and building permit plans. Developer sh.all adhere to the following measures for all construction phases of the project: PC RESO NO. 7382 -21- a. The project contractor shall, to the extent feasible, schedule construction activities to avoid the simultaneous operation of construction equipment so as to minimize noise levels resulting from operating several pieces of high noise level emitting equipment. b. All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers. Enforcement shall be accomplished by random field inspections by applicant personnel during construction activities, to the satisfaction of the City of Carlsbad. c. Construction noise reduction methods such as shutting off idling equipment, construction of a temporary noise barrier, locating stockpiling and/or construction equipment staging areas as far as practicable from adjacent residences or other noise-sensitive receptors, and use of electric air compressors and similar power tools, rather than diesel equipment, shall be used where feasible. d. During construction, stationary construction equipment shall be placed such that emitted noise is directed away from or shielded from sensitive receptors. e. Construction hours, allowable workdays, and the phone number of the job superintendent shall be clearly posted at all construction entrances to allow surrounding property owners to contact the job superintendent if necessary. In the event the City of Carlsbad receives a complaint, appropriate corrective actions shall be implemented and a report of the action provided to the reporting party. f. To comply with SDAPCD Rule 55, Fugitive Dust Control, the active grading sites shall be watered at least two times daily. 23 . 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. 24. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the City Planner and Building Official. 25. Prior to final map approval, Developer shall submit a street name list consistent with the city's street name policy subject to the City Planner's approval. 26. Prior to occupancy of the first dwelling unit, the Developer shall provide all required passive and active recreational areas per the approved plans, including landscaping and recreational facilities, unless a phasing plan with associated landscaping and recreational facilities in each phase is approved by the City Planner and City Engineer. All perimeter slopes and landscape areas shall be landscaped as early as practicable. PC RESO NO. 7382 -22- 27. Prior to the approval of the final map or issuance of the grading permit, whichever occurs 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(n) Tentative Tract Map/Site Development Plan by Resolution(s) No. 7382 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. 28. 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 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. 29. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the City Planner, in the sales office 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. 30. Developer shall post a sign in the sales office 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. 31. Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation Corridor, in a form meeting the approval of the City Planner and the City Attorney (see Noise Form #1 on file in the Planning Division). 32. Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form • meeting the approval of the City Planner and the City Attorney (see Noise Form #2. on file in the Planning Division). 33. Developer shall post aircraft noise notification signs in all sales and/or rental offices associated with the new development. The number and locations of said signs shall be approved by the City Planner (see Noise Form #3 on file in the Planning Division). 34. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the City Planner. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the City Planner. PC RESO NO. 7382 -23- 35. 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. 36. 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. 37. Compact parking spaces shall be located in large groups, arid in locations clearly marked to the satisfaction of the City Planner. 38. Developer shall construct, install, and stripe not less than 60 parking spaces for the commercial site, and 117 on-street parking spaces, as shown on Exhibits "A" -"CCCCCC". 39. Prior to issuance of a building permit for the commercial uses, all parties involved in the joint use of a parking lot shall provide evidence of agreement for such joint use by a proper legal instrument approved by the City Attorney as to form and the City Planner as to content. Such instrument, when approved as conforming to the provisions of this title, shall be recorded in the office of the county recorder and copies thereof filed with the City Planner. 40. A water efficient landscaping brochure shall be available for each group of adults visiting the model home. At a minimum, each brochure shall include information describing the water efficient features of the model's landscaping; resources for additional information regarding water efficiency. in landscaping; contact information for the local water purveyor and Planning Division; and a reference to the requirements of this landscape manual. A copy of the brochure shall be provided to the Planning Division prior to the city authorizing temporary occupancy as a model home. 41. An educational sign shall be placed in the front yard of each model home so that it is visible and readable from the roadway. The sign shall be white with black capital lettering at least two inches high and shall state "THIS MODEL HOME USES WATER EFFICIENT LANDSCAPING AND IRRIGATION". 42. Mechanical ventilation for each unit shall be shown on the plans submitted for building permit plan check. The 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. Engineering General 43. 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. 44. 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. PC RESO NO. 7382 -24- 45. 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 (streets, utilities, street trees, sidewalks, landscaping, street lighting, raised medians, enhanced paving, water quality treatment measures, low impact development features, storm drain facilities, etc.) located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. 46. Developer shall include rain gutters on the building plans subject to the city engineer's review and approval. Developer shall install rain gutters in accordance with said plans. 47. 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. 48. 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. 49 . Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover, etc.) and irrigation along the parkway frontage with El Camino Real as shown on the tentative map. Fees/ Agreements 50. 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. 51. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 52. 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. 53 . Developer shall cause property owner to execute, and submit to the city engineer for recordation, a city standard deed restriction on the property which relates to the proposed cross lot drainage as shown on the tentative map. The deed restriction document shall: a. Clearly delineate the limits of the drainage course; and b. State that the drainage course is to be maintained in perpetuity by the underlying property owner; and c. State that all future use of the property along the drainage course will not restrict, impede, divert or otherwise alter drainage flows in a manner that will result in damage to the underlying and adjacent properties or the creation of a public nuisance. 54. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for recordation, an Encroachment Agreement covering private utilities, enhanced pavement, street lights, median curb, median hardscape, trees and landscape located over proposed public right- PC RESO NO. 7382 -25- of-way or easements as shown on the tentative map. Developer shall pay processing fees per the city's latest fee schedule. 55 . This project shall be annexed into City of Carlsbad Street Lighting and Landscaping District No . 2 (SL&LD #2). Prior to approval of any grading, building permits or final map for this project, developer shall cause owner to execute an Agreement to annex the s_ubject property into SL&LD #2. The Agreement shall be in a form approved by the assistant city finance director. Developer shall pay all fees necessary to annex the property into SL&LD #2 . 56. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Street Tree Maintenance Agreement. 57. Developer shall implement Transportation System Management strategies per the city's Mobility Element policy 3-P.11. Prior to issuance of a building or grading permit, developer shall pay for the installation of one traffic signal controller. 58. Developer shall comply with the Transportation Demand Management ordinance per Mobility Element policy 3-P.11. Prior to grading or building permit issuance, the Developer shall submit a Tier 2 Transportation Demand Management Plan to the satisfaction of the city engineer. 59. The developer shall install the following transportation demand management and transit infrastructure measures, in accordance with the project Transportation Demand Management Plan and Local Mobility Analysis, to the satisfaction of the City Engineer: a. Bike repair station (1 ea.). b. Public bike parking spaces (8 ea.). c. Bus stop bench (1 ea.). d. Bus stop trash receptacle (1 ea.). Grading 60. 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. 61. Supplemental grading plans are required for precise grading associated with this project. Developer shall prepare, and submit for approval, grading plans for the precise grading as shown on the tentative map all subject to city engineer approval. 62. Upon completion of grading, developer shall file an "as-graded" geologic plan with the city engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contour map which represents both the pre and post site grading. The plan shall be signed by both the soils engineer and the engineering geologist and shall be submitted on a 24" x 36" mylar or similar drafting film format suitable for a permanent record. PC RESO NO. 7382 -26- 63. 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. 64. This project requires grading within a major SDG&E transmission easement. No grading for private improvements shall occur within the easement unless the developer obtains a temporary grading or construction easement or agreement from SDG&E to the satisfaction of the city engineer. If developer is unable to obtain the temporary grading or construction 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 within the SDG&E easement and apply for and obtain a finding of substantial conformance and/or consistency determination from both the city engineer and city planner. 65. 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 Land Development Engineering division. Developer shall pay all deposits necessary to cover any 3rd party review. Storm Water Quality 66. 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. 67. 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 SW PPP plan review and inspection fees per the city's latest fee schedule. 68 . This project is subject to 'Priority Development Project' requirements. Developer shall prepare and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP required by this condition shall be reviewed and approved by the city engineer with final grading plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's latest fee schedule. PC RESO NO. 7382 -27- 69. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control BMP and applicable hydromodification measures. Dedications/Improvements 70. Developer shall cause owner to dedicate to the city and/or other appropriate entities an easement for public street & public utility purposes for the right turn lanes on El Camino Real as shown on the tentative map. The offer shall be made by a certificate on the final map or separate recorded document. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Additional easements may be required at final design to the satisfaction of the city engineer. 71. Developer shall cause owner to dedicate to the city and/or other appropriate entities an easement for general utility and access purposes over Street "A" as shown on the tentative map. The offer shall be made by a certificate on the final map or separate recorded document. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. 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. 72. Developer shall design the private streets, as shown on the tentative map to the satisfaction of the city engineer. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private streets. 73. 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. 74. 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 tentative map. Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: a. The right turn lanes on El Camino Real including A.C. pavement, street lights, storm drain, curb, gutter and sidewalk as shown on the tentative map. b. Public sewer system as shown on the tentative map. c. Public water system as shown on the tentative map. d. Public reclaimed water system as shown on the tentative map. e. Relocation of public utilities along El Camino Real as shown on the tentative map. 75. 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 PC RESO NO. 7382 -28- of the subdivision or development improvement agreement or such other time as provided in said agreement. 76. Developer shall design, and obtain approval from the city engineer, the structural section for the access aisles with a traffic index of 5.0 in accordance with city standards due to truck access through the parking area and/or aisles with an ADT greater than 500. Prior to completion of grading, the final structural pavement design of th~ aisle ways shall be submitted together with required R-value soil test information subject to the review and approval of the city engineer. 77. Developer shall provide all-weather maintenance access roads to the public drainage facilities (e.g.: headwalls, rip-rap field, etc.) for this project to the satisfaction of the city engineer. Where maintenance access roads are not practical and/or permitted, developer shall incorporate low- maintenance design features to the satisfaction of the city engineer. 78. Developer is responsible to ensure utility transformers or raised water backflow preventers that serve this development are located outside the public right-of-way or easement 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 79. 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: 1) The right turn lanes on El Camino Real including A. C. pavement, street lights, storm drain, curb, gutter and sidewalk as shown on the tentative map. 2) Public sewer system as shown on the tentative map. 3) Public Water system as shown on the tentative map. 4) Public reclaimed water system as shown on the tentative map. 5) Relocation of public utilities along El Camino Real as shown on the tentative map. b. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. c. Geotechnical Caution: 1) The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. d. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans standards. PC RESO NO. 7382 -29- Utilities e. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the city approved development plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the city approved development plans. f. There are no public park or recreational facilities to be located in whole or in part within this subdivision. The subdivider is therefore obligated to pay park-in-lieu fees in accordance with section 20.44.050 of the Carlsbad Municipal Code and has either paid all of said park in-lieu fees or agreed to pay all of said park-in-lieu fees in accordance with section 20.16.070 of the Carlsbad Municipal Code. 80. 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. 81. Developer shall design and agree to construct public facilities within public right-of-way or within minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the discretion of the district or city engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. 82 . The developer shall agree to design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning Department for processing and approval by the district engineer. 83. 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. 84. 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. 85. 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. 86. The developer shall submit a detailed sewer study, prepared by a registered engineer, that identifies the peak flows of the project, required pipe sizes, depth of flow in pipe, velocity in the main lines, and the capacity of the existing infrastructure. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the district engineer prior to approval of the improvement plans. 87. The developer shall submit a detailed potable water study, prepared by a registered engineer that identifies the peak demands of the project (including fire flow demands). The study shall identify velocity in the main lines, pressure zones, and the required pipe sizes. Said study shall b~ submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the district engineer prior to approval of the improvement plans . PC RESO NO. 7382 . -30- 88. The developer shall submit a detailed recycled water study, prepared by a registered engineer that identifies the peak demands of the project. The study shall identify velocity in the main lines and the required pipe sizes. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the district engineer prior to approval of the improvement plans. Fire · 89. Prior to issuance of building permits developer shall submit plans for all private fire und~rground mains and fire hydrants directly to the fire marshal for review and approval. 90. Prior to final map approval or issuance of a grading permit, whichever occurs first, developer shall submit to the fire department fire flow verification from Carlsbad Municipal Water District. 91. Prior to final map approval or issuance of a grading permit, whichever occurs first, developer shall submit to the fire department a detailed Fire Lane signage and striping plan which includes a parking enforcement plan that will be incorporated into the CC&R's for the development. Code Reminders 92. This tentative map shall expire two years from the date on which the City Council voted to approve this application. 93. 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. 94. The commercial portion of the project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 95. 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. 96. 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. 97. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 98. 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. 99. 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. 100. Subdivider shall comply with Section 20.16.040(d) of the Carlsbad Municipal Code regarding the undergrounding of existing overhead utilities. PC RESO NO. 7382 -31- 101. Developer shall pay a landscape inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 102. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application, any change in the telecommunications provider, or any transfer in ownership of the site. 103. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 104. Any signs proposed for this development shall at a minimum be designed in conformance with the city's Sign Ordinance and shall require review and approval of the City Planner prior to installation of such signs. 105. 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 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 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. 7382 -32- 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 regula r meeting of the Planning Commission of the City of Carlsbad, California, held on September 16, 2020, by the following vote, to wit: AVES: Chair Anderson, Commissioners Geidner, Lafferty, Luna, Meenes, Merz, and Stine NOES: ABSENT: ABSTAIN : VELYN ANDERSON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7382 -33-