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HomeMy WebLinkAbout2021-05-04; City Council; ; A proposed nine-unit residential air-space condominium project located at 2690 Roosevelt St Meeting Date: May 4, 2021 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Cliff Jones, Senior Planner cliff.jones@carlsbadca.gov, 760-602-4613 Subject: A proposed nine-unit residential air-space condominium project located at 2690 Roosevelt St. District: 1 Recommended Action Hold a public hearing and adopt a resolution approving a tentative tract map and site development plan (CT 2019-0006/SDP 2019-0007/DEV2018-0183) for the construction of a nine-unit residential airspace condominium project on a 0.42-acre site located at 2690 Roosevelt St. in the Village General District of the Village and Barrio Master Plan and within Local Facilities Management Zone 1 (Exhibit 1). Executive Summary The applicant, Roosevelt Carlsbad LP, is requesting the city’s approval to replace the existing single-family home currently used as a dentist office l with nine residential airspace condominium units.1 The units will be contained within three buildings, averaging 6,800 square feet with a maximum building height of 35 feet. The project is being presented before the City Council because Section 6.3.4.C.1 of the Village and Barrio Master Plan requires the City Council’s approval of all projects larger than 5,000 square feet. Discussion Site and project description The site is located on the east side of Roosevelt Street, between Laguna Drive to the north and Beech Avenue to the south. The property, which is generally flat, is developed with a house that was converted to a dentist office in 1987. The applicant is requesting the city’s approval to demolish the existing structure and construct nine residential air-space condominiums that range in size from 904 square feet to 3,175 square feet. Each unit is to have either a private yard, balcony or roof deck. Vehicular access is proposed to be provided by a private driveway off Roosevelt Street. A total of 17 garaged parking spaces are to be provided and only 13 parking spaces are required. 1 The owner of an airspace condominium typically owns the interior, the surfaces of the unit’s perimeter walls, floors, ceilings, windows and doors but not the structure itself and other elements. May 4, 2021 Item #5 Page 1 of 26 The architectural design is characterized as contemporary. The primary building material is horizontal fiber-cement vertical siding with stone veneer and horizontal accents. Large window expanses along the west elevation as well as a terraced design create architectural interest as viewed from the street and maximize the coastal views to the west. Landscaping is proposed along the front, side and rear property lines and along the private drive. As outlined in Carlsbad Municipal Code Section 21.85, a minimum of 15% of the total housing units on the site must be affordable to lower income households. To comply with this requirement, conditions have been placed on the project requiring that one of the units be income- and rent-restricted to be affordable to lower income households at 80% or below the San Diego County-area median income. Planning Commission hearing The Planning Commission considered the proposed project at a public hearing on Feb. 3, 2021. No members of the public asked to have their comments read into the record. After questions and discussions, the commission voted to recommend approval of the project (6-0-1, Commissioner Joseph Stine recused). A full disclosure of the commission’s actions, and a complete description and staff analysis of the proposed project is included in the attached minutes (Exhibit 5) and Planning Commission staff report (Exhibit 4). Options Staff offer the following options for the City Council’s consideration: 1. Approve the proposed project, as recommended by the Planning Commission Pros • City would benefit from the addition of 9 multifamily residential units, including 1 affordable unit • Achieves the objectives established by the General Plan and Village and Barrio Master Plan by expanding the mix of residential uses within the Village. Cons • The project does not include a commercial component and mixed use is allowed in the area 2. Remand the project back to the Planning Commission for additional review Pros • Commission could resolve any issues or concerns the City Council might have about design or analysis Cons • City Council must provide clear direction why project is being remanded and what is expected from the Planning Commission • Delays approval of the project May 4, 2021 Item #5 Page 2 of 26 3. Deny the project. The City Council would need to cite specific findings as its reason for denial and must comply with the state’s Housing Accountability Act.2 Pros • A different project that achieves the goals and policies of the Village and Barrio Master Plan may be pursued Cons • City would not benefit from the addition of nine multifamily residential units, including one affordable unit The Planning Commission and staff recommend option 1, approving the project. Fiscal Analysis If approved, all required improvements needed to serve this project will be funded by the developer, so there is no cost to the city from this action. Next Steps Staff will ensure that all project conditions are satisfied and that it complies with all applicable regulations and laws before the development permits are issued. Environmental Evaluation (CEQA) The city planner has determined that the project belongs to a class of projects that the California state secretary for resources has found do not have a significant impact on the environment. Therefore, the project is categorically exempt from the requirement for the preparation of an environmental document under California Environmental Quality Act Guidelines Section 15332 - In-Fill Development Projects. More specifically, this project will not have a significant transportation impact because the project meets the “small projects” screening criteria as described in the city’s vehicle miles traveled guidelines.3 A notice of exemption will be filed by the city planner upon the project’s approval. Public Notification and Outreach Public notice of this item was posted in keeping with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. The project is subject to City Council Policy No. 84 – Development Project Public Involvement 2 The Housing Accountability Act prohibits a local agency from disapproving, or conditioning approval in a manner than renders infeasible, a housing development unless the agency finds, based on evidence in the record, a specific, adverse impact on the public health or safety. A “specific, adverse impact” means significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete); and there is no feasible method to satisfactorily mitigate or avoid the adverse impact, other than the disapproval of the project or the approval of the project upon the condition that it be developed at a lower density 3 Under the City’s Vehicle Miles Traveled Analysis Guidelines Section 3.2.1 -Small Projects and the California State Governors Office of Planning and Research Technical Advisory on Evaluating Transportation Impacts in CEQA (November 2017), projects that generate less than 110 average daily trips are presumed to have a less-than- significant transportation impact. Projects that can be demonstrated to fewer than 110 average daily trips after applying trip-reduction strategies would also be screened out from performing additional analysis. The proposed project generates 72 average daily trips. May 4, 2021 Item #5 Page 3 of 26 Policy. The applicant posted the notice of project application sign at a conspicuous location on the site on March 5, 2020. On Feb. 28, 2020, the applicant mailed the early public notice to property owners within 600 feet of the site. The early public notice and notice of project application sign described above satisfy the requirements of the City Council policy. Exhibits 1. City Council resolution 2. Location map 3. Planning Commission Resolution No. 7405 (on file in the Office of the City Clerk) 4. Planning Commission staff report dated Feb. 3, 2021 (on file in the Office of the City Clerk) 5. Planning Commission minutes dated Feb. 3, 2021 (on file in the Office of the City Clerk) May 4, 2021 Item #5 Page 4 of 26 RESOLUTION NO. 2021-098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP AND SITE DEVELOPMENT PLAN TO CONSTRUCT A NINE-UNIT RESIDENTIAL AIR-SPACE CONDOMINIUM PROJECT ON A 0.42-ACRE SITE LOCATED AT 2690 ROOSEVELT STREET IN THE VILLAGE GENERAL (VG) DISTRICT OF THE VILLAGE AND BARRIO MASTER PLAN AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1 CASE NAME: 2690 ROOSEVELT CASE NO.: CT 2019-0006/SDP 2019-0007 (DEV 2018-0183) WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant to the provisions of the Municipal Code, the Planning Commission did, on May 4, 2021, hold a duly noticed public hearing as prescribed by law to consider Tentative Tract Map CT 2019-0006 and Site Development Plan SDP 2019-0007, as referenced in Planning Commission Resolution No. 7405; and the Planning Commission adopted Planning Commission Resolution No. 7405 recommending to the City Council that it be approved; and WHEREAS, the City Council of the City of Carlsbad, held a duly noticed public hearing to consider said Tentative Tract Map and Site Development Plan; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to the Tentative Tract Map and Site Development Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.That the recommendation of the Planning Commission for the approval of Tentative Tract Map CT 2019-0006 and Site Development Plan SDP 2019-0007, is approved, and May 4, 2021 Item #5 Page 5 of 26 that the findings and conditions of the Planning Commission contained in Planning Commission Resolution No. 7405 on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council along with the following City Council added condition: 1. To ensure the architectural design of the project is not changed prior to construction, city staff is precluded from making modifications to the approved architectural design through a consistency determination application. 3. This action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: "NOTICE" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16_ Any petition or other paper seeking review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record is filed with a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA 92008. May 4, 2021 Item #5 Page 6 of 26 R O O S E V E L T S T M A D I S O N S T BEECH AVST A T E S T CT 2019-0006/SDP 2019-0007 (DEV2018-0183) 2690 ROOSEVELT SITE MAP J SITE E L C AMINO R E A LLA COSTA AV A L G A R DCARLSBAD B L EXHIBIT 2 May 4, 2021 Item #5 Page 7 of 26 Exhibit 3 Planning Commission Resolution No. 7405 (on file in the Office of the City Clerk) May 4, 2021 Item #5 Page 8 of 26 PLANNING COMMISSION RESOLUTION NO. 7405 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP AND SITE DEVELOPMENT PLAN TO CONSTRUCT A NINE-UNIT, RESIDENTIAL AIR-SPACE CONDOMINIUM PROJECT ON A 0.42-ACRE SITE LOCATED AT 2690 ROOSEVELT STREET IN THE VILLAGE GENERAL {VG) DISTRICT OF THE VILLAGE AND BARRIO MASTER PLAN AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: 2690 ROOSEVELT CASE NO .: CT 2019-0006/SDP 2019-0007 (DEV2018-0183) WHEREAS, Roosevelt Carlsbad, LP, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as THE SOUTHWESTERLY HALF OF LOT 40, EXCEPTING THEREFROM THE NORTHWESTERLY 10.60 FEET OF THE SOUTHWESTERLY 120.00 FEET THEREOF OF SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921. ("the Property"); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map and Site Development Plan as shown on Exhibit(s) "A" -"MM" dated February 3, 2021, on file in the Planning Division CT 2019-0006/SDP 2019-0007 -2690 ROOSEVELT, as provided by Chapters 20.12, 21.06, and 21.35 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on February 3, 2021, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map and Site Development Plan. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of CT 2019-0006/SDP 2019-0007 -2690 ROOSEVELT, based on the following findings and subject to the following conditions: May 4, 2021 Item #5 Page 9 of 26 Findings: Tentative Tract Map CT 2019-0006 1. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the proposed one lot tentative tract map for a nine-unit residential air-space condominium subdivision is consistent with the General Plan as described below and satisfies all minimum requirements of the Village and Barrio Master Plan, and Titles 20 and 21 of the Carlsbad Municipal Code with respect to public facilities, access and parking as discussed below and in the project staff report dated February 3, 2021. 2. That the proposed project is compatible with the surrounding future land uses since surrounding properties are developed, are currently designated as Village-Barrio (VB) in the General Plan and are located in the Village General (VG) District of the Village and Barrio Master Plan. The subject property in the VG District is surrounded by residential development and the surrounding properties are also located within the VG District of the Village and Barrio Master Plan (VBMP). Residential uses are permitted by right in the VG District. Given the surrounding residential uses, which are allowed in the surrounding VG district, the proposed nine-unit residential air-space condominium project is compatible with existing and future land uses. 3. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that the VG District within the VBMP allows residential development at a density range of 18 to 23 dwelling units per acre. Based on a net acreage of 0.42 acres, the proposed five-unit residential condominium units have a density of 21.4 dwelling units per acre. As the proposed project falls within the allowable density range and meets all required development standards, the project site will accommodate the proposed density. 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 on all elevations 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 proposed nine-unit residential project is conditioned to construct one (1) unit restricted both as to occupancy and affordability to a lower-income household earning no more than 80% of the San Diego Area Median Income (AMI) as determined annually by the U.S. Department of Housing and Urban Development. PC RESO NO. 7405 -2-May 4, 2021 Item #5 Page 10 of 26 8. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the previously developed lot is devoid of sensitive vegetation and any natural water features. Therefore, the proposed project does not impact any fish, wildlife or habitat. 9. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management Practices for water quality protection in accordance with the City's sewer and drainage standards and the project is conditioned to comply with the National Pollutant Discharge Elimination System (NPDES) requirements. Site Development Plan SDP 2019-0007 10. That the proposed development or use is consistent with the General Plan and any applicable master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the Carlsbad Municipal Code, and all other applicable provisions of this code, in that the proposed one lot tentative tract map for a nine-unit residential air-space condominium subdivision is consistent with the General Plan as described below and satisfies all minimum requirements of the Village and Barrio Master Plan, and Titles 20 and 21 of the Carlsbad Municipal Code with respect to public facilities, access and parking as discussed below and in the project staff report dated February 3, 2021. 11. That the requested development or use is properly related to the site, surroundings and environmental settings, will not be detrimental to existing development or uses or to development or uses specifically permitted in the area in which the proposed development or use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the project consists of the construction of a nine-unit residential air-space condominium project on a 0.42 acre infill site located at 2690 Roosevelt Street within the VG District of the VBMP. The adjacent properties to the north, south, east and west are also located within the VG District of the VBMP. Residential uses are permitted by right in the VG District. Given that residential uses are allowed in the surrounding VG district, the proposed nine-unit residential air-space condominium project is compatible with existing and future land uses. The nine-unit residential air-space condominium project will not adversely impact the site, surroundings, or traffic circulation in that the existing surrounding streets have adequate capacity to accommodate the 72 Average Daily Trips (ADT) generated by the project. The project complies with all minimum development standards of the VG District and the VBMP, and the project is adequately parked on-site and does not result in any significant environmental impacts. 12. That the site for the intended development or use is adequate in size and shape to accommodate the use, in that the VG District within the VBMP allows residential development at a density range of 18 to 23 dwelling units per acre. Based on a net acreage of 0.42 acres, the proposed nine-unit residential condominium units have a density of 21.4 dwelling units per acre. As the proposed project falls within the allowable density range and meets all required development standards, the project will accommodate the proposed density. 13. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested development or use to existing or permitted future development or use in the neighborhood will be provided and maintained, in that as demonstrated in the project staff report, the nine-unit residential air-space condominium project complies with all development standards (i.e. setbacks, lot coverage, parking, and height restrictions) of the VG District and PC RESO NO. 7405 -3-May 4, 2021 Item #5 Page 11 of 26 the VBMP. Landscaping along the outer edge of the property, including the areas along Roosevelt Street, will be provided consistent with the requirements of the city's Landscape Manual. In addition to the above, privacy walls/fences on the property will be provided or maintained. 14. That the street systems serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use, in that the nine-unit residential air-space condominium project will take access from Roosevelt Street, which is identified as a local street, and is designed to adequately handle the 72 Average Daily Trips (ADT) generated by the project. Roosevelt Street is already improved with pavement, curb, gutter and sidewalks. The project will reconstruct portions of the curb, gutter and sidewalk along the project frontage due to the modification of the driveway. City Council Policy No. 43, Allocation for Excess Dwelling Units 15. That the project location and density are compatible with the existing adjacent residential neighborhoods and/or nearby existing or planned uses in that .the surrounding properties are developed, are currently designated as VB in the General Plan and are located in the VG District, of the Village and Barrio Master Plan . The subject property in the VG District is bordered by residential development and the adjacent properties are also located within the VG District of the VBMP. Residential uses are permitted by right in the VG District. Given residential uses are allowed in the surrounding VG district, the proposed nine-unit air-space condominium project is compatible with existing and future land uses. 16. That the project location and density are in accordance with the applicable provisions of the General Plan and any other applicable planning document, in that the VG District within the VBMP allows residential development at a density range of 18 to 23 dwelling units per acre. Based on a net acreage of 0.42 acres, the proposed nine-unit residential condominium units have a density of 21.4 dwelling units per acre. As the proposed project falls within the allowable density range and meets all required development standards, the project is consistent with the General Plan and VBMP. 17. That there are an adequate number of units in the Excess Dwelling Unit Bank in the Village to allocate nine (9) units. Per the city's Quadrant Dwelling Unit Report dated November 30, 2020, 417 units remain available for allocation in the Village. General 18. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the city's General Plan, and the development standards of the Village and Barrio Master Plan, based on the facts set forth in the staff report dated February 3, 2021 including, but not limited to the following: a. Land Use -The proposed project, which includes the construction of nine new residential condominiums, would enhance the vitality of the Village by providing new residential land uses near the downtown core area. The project reinforces the pedestrian orientation desired for the downtown area by providing residents an opportunity to walk to shopping, recreation, and mass transit functions. The project's proximity to existing bus routes and mass transit would help to further the goal of providing new economic development near transportation corridors. Overall, the residential project would contribute to the revitalization of the Village area. PC RESO NO. 7405 -4-May 4, 2021 Item #5 Page 12 of 26 b. Mobility-The proposed project has been designed to meet circulation requirements, which include maintaining or enhancing frontage improvements consisting of sidewalks and landscaping. In addition, the applicant would be required to pay traffic impact fees prior to the issuance of building permits that would go toward future road improvements. The proposed project is located approximately one-quarter from the Carlsbad Village train station which provides rail and bus service throughout the day. The project's proximity to the transit station would provide residents with the opportunity to commute to major job centers, thereby reducing vehicle miles traveled (VMTs) and their carbon footprint. Furthermore, the project supports walkability and mobility by locating the project near existing goods and services within the Village. c. Noise -The proposed project is consistent with the Noise Element of the General Plan in that the project's building design, with windows closed, adequately attenuates the noise levels for the new condominiums as described in the noise analysis report (dBF Associates, Inc., dated January 22, 2020) and adequately attenuates the interior noise levels for the new condominiums to 45 dB(a) CNEL or less (i.e., interior average noise level). The project is conditioned to provide mechanical ventilation. d. Housing -The proposed project includes one inclusionary unit (15 percent) which will be required to be rented or sold to low-income households. The provision for inclusionary housing will contribute toward achieving the city's Regional Housing Needs. The project has been conditioned accordingly to require the approval of an Affordable Housing Agreement prior to building permit issuance. e. Public Safety-The proposed structural improvements would be required to meet all seismic design standards. In addition, the proposed project is consistent with the applicable fire safety requirements. The project would be required to develop and implement a program of "best management practices" for the elimination and reduction of pollutants which enter into and/or are transported within storm drainage facilities. The project has been conditioned to pay all applicable public facilities fees for Zone 1. f. VG District Standards -The project as designed is consistent with the development standards for the VG District, the VBMP Design Guidelines and all other applicable regulations set forth in the VBMP as discussed in the project staff report. The project is not requesting any deviations to the development standards and all required parking is located on-site. 19. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all city public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. PC RESO NO. 7405 -5-May 4, 2021 Item #5 Page 13 of 26 c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. d. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 20. 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. 21. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1. 22 . 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. 23. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 24. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a grading or building permit, or approval of the Final Map, whichever occurs first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implement~d and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the city's approval of this Tentative Tract Map and Site Development Plan. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map and Site Development Plan documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. PC RESO NO. 7405 -6-May 4, 2021 Item #5 Page 14 of 26 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly, from (a) city's approval and issuance of this Tentative Tract Map and Site Development Plan, (b) city's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the. city's approval is not validated. 6. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Tentative Map, conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision-making body. The copy shall be submitted tq the City Planner, reviewed and, if found acceptable,.signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 9. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 10. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the city that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 11. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. PC RESO NO. 7405 ~7-May 4, 2021 Item #5 Page 15 of 26 12. Prior to the approval of the Final Map, Developer shall submit to the city a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a(n) Tentative Tract Map and Site Development Plan by Resolution(s) No. 7405 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction . The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 13. Developer shall make a separate formal landscape construction drawing plan check submittal to the Planning Division and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the city's Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. 14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. 15. Developer shall establish a property owner's association and corresponding covenants, conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner prior to final map approval. Prior to issuance of a building permit, the Developer shall provide the Planning Division with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the City Planner. At a minimum, the CC&Rs shall contain the following provisions: a. General Enforcement by the City: The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. b. Notice and Amendment: A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. c. Failure of Association to Maintain Common Area Lots and Easements: In the event that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article---~ Section ______ the City shall have the right, but not the duty, to perform the necessary maintenance. If the City elects to perform such maintenance, the City shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such · maintenance of the Common Area Lots and/or Association's Easements within the period specified by the City's notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. PC RESO NO. 7405 -8-May 4, 2021 Item #5 Page 16 of 26 d. Special Assessments Levied by the City: In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association's Easements, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association's Easements. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20} days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent {6%} of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal pro rata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article ____ of this Declaration. e. Landscape Maintenance Responsibilities: The Association and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit _____ _ f. Rooftop Decks and Balconies: Rooftop decks and balconies must be kept in a state of cleanliness and repair at all times. No visible storage or unsightly personal property is permitted and no furniture is permitted that is not intended for outdoor use. No personal property shall extend above the parapet or railing of decks or balconies, including potted plants or hanging plants. An umbrella that is in good maintained condition is acceptable. Outdoor patio and barbecue equipment must be maintained. No wood burning smokers, fire pit, tiki torches, or chimineas are allowed. No awnings, trellises, patio covers, pop-up shades, tarps, window coverings, screening or other equipment shall be installed on rooftop decks or balconies or the exterior of buildings with the exception of solar energy rooftop panels, building system equipment and features such as canopies and awnings that are part of the original building architecture. 16. This project is being approved for residential homeownership purposes. If any of the units in the project are rented, the minimum time increment for such rental shall be not less than 30 days. The CC&Rs for the project shall include this requirement. Should the City Council adopt an ordinance that would permit rental of the units for less than 30 days, this condition shall be null and void. 17. Prior to issuance of building permits, the Developer shall submit to the City Planner a recorded copy of the Condominium Plan filed with the Department of Real Estate which is in conformance with the City-approved documents and exhibits. 18. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance PC RESO NO, 7405 -9-May 4, 2021 Item #5 Page 17 of 26 as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. 19. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the City Planner and shall at least include a handout and a sign inside the sales facility, or model unit(s), stating the fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. 20. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the City Planner, in the sales office or model unit(s), at all times. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks, and streets. 21. Developer shall post a sign in the sales office, or model unit(s), in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until all of the units are sold. 22. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of an Outdoor Storage Plan, and thereafter comply with the approved plan. 23. Developer shall submit and obtain City Planner approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 24. Prior to the recordation of the final map for any phase of this project, or where a final map is not being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the City to provide and deed restrict 1 inclusionary dwelling unit. Specifically, 1 unit shall be rented or sold at a price affordable to low income households at 80% of the San Diego County Area Median Income for 55 years, in accordance with the requirements and process set forth in Chapter 21.85 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted to the City Planner no later than 60 days prior to the request to final the parcel map. The recorded Agreements shall be binding on all future owners and successors in interest. 25. Developer shall construct the 1 inclusionary unit concurrent with the project's remaining 8 market-rate units, unless both the final decision-making authority of the city and the Developer agree within the Affordable Housing Agreement to an alternate schedule for development. 26. Mechanical ventilation for each unit shall be shown on the plans submitted for building permit since windows are required to be closed to meet the maximum 45 dB(a) CNEL interior noise level. Noise consultant shall certify on the plans that the building construction proposed with the mechanical units listed will comply with the maximum interior noise limit. Engineering PC RESO NO. 7405 "-10-May 4, 2021 Item #5 Page 18 of 26 General 27. 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. 28. 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. 29. Developer shall submit to the city engineer an acceptable instrument, via CC&Rs and/or other recorded document, addressing the maintenance, repair, and replacement of shared private improvements within this subdivision, including but not limited to private utilities, landscaping, 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. 30. 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. 31. Developer shall prepare, submit and process for city engineer approval a final map to subdivide this project. There shall be one Final Map recorded for this project. Developer shall pay the city standard map review plan check fees. 32. 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. 33. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, ground cover, etc.) and irrigation along the parkway frontage with Roosevelt Street. Fees/ Agreements 34. 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. 35. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 36. Developer shall cause property owner to submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement. Grading 37. Upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit forth is project is required. Developer shall prepare and submit plans and technical studies/reports for city engineer review, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. PC RESO NO. 7405 -11-May 4, 2021 Item #5 Page 19 of 26 38. Prior to approval of the grading plans, the applicant shall submit a Construction Plan to the city engineer for review and approval. Said Plan may be required to include, but not be limited to, identifying the location of the construction trailer, material staging, material deliveries, bathroom facilities, parking of construction vehicles, employee parking, construction fencing and gates, obtaining any necessary permission for off-site encroachment, addressing pedestrian safety, and identifying time restrictions for various construction activities. All material staging, construction trailers, bathroom facilities, etc. shall be located outside the public right-of-way unless otherwise approved by the city engineer or Construction Management & Inspection engineering manager. 39. Concurrent with the grading plans Developer shall include shoring plans as part of the grading plans to the satisfaction of the city engineer and building official. Structural calculations for all shoring shall be submitted for review and approval by the building division. Developer shall pay all deposits necessary to cover any 3rd party review. Storm Water Quality 40. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 41. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 42. 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. 43. 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, treatment control BMP, and Low Impact Design {LID) facilities. Dedications/Improvements 44. Developer shall cause owner to dedicate to the city additional 8 feet wide easement for public street & public utility purposes for Roosevelt Street as shown on the tentative map. The offer shall be made by a certificate on the final map. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Streets that are already public are not required to be rededicated. Additional easements may be required at final design to the satisfaction of the city engineer. PC RESO NO. 7405 -12-May 4, 2021 Item #5 Page 20 of 26 45. 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. 46. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a right-of-way permit to the satisfaction of the city engineer. 47. Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, shall execute a city standard Subdivision Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown in the tentative map, per city standards to the satisfaction of the city engineer as 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: 1) Driveway approach as shown on the tentative map 2) Remove and replace existing curb and gutter and sidewalk as shown on the tentative map 3) Install sewer and water services as shown on the tentative map 4) Remove existing storm drain inlet as shown on the tentative map S) Install storm drain inlet as shown on the tentative map 6) Remove existing 12" PVC storm drain pipe as shown on the tentative map 7) Install 12" PVC storm Drain Pipe as shown on the tentative map 8) Remove and replace existing AC pavement, as necessary, as shown on the tentative map 9) Grind and overlay existing AC pavement at the project frontage, half street width Developer shall pay the standard improvement plan check and inspection fees. Improvements listed above shall be constructed within 36 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. Non-Mapping Notes 48. 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) Driveway approaches as shown on the tentative map. 2) Remove and replace existing curb and gutter and sidewalk as shown on the tentative map. 3) Install sewer and water services as shown on the tentative map 4) Remove existing storm drain inlet as shown on the tentative map S) Install storm drain inlet as shown on the tentative map 6) Remove existing 12" PVC storm drain pipe as shown on the tentative map 7) Install 12" PVC storm Drain Pipe as shown on the tentative map 8) Remove and replace existing AC pavement, as necessary, as shown on the tentative map 9) Grind and overlay existing AC pavement at the project frontage, half street width 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. PC RESO NO. 7405 -13-May 4, 2021 Item #5 Page 21 of 26 C. 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. D. 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. E. 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 or agreed to pay all of said park-in-lieu fees in accordance with section 20.16.070 of the Carlsbad Municipal Code Utilities 49. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the district engineer. 50. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection to public facilities. 51. The developer shall design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning Department for processing and approval by the district engineer. 52. Developer shall install potable water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. 53. The developer shall install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans. 54. The developer shall design and construct public water, and sewer facilities substantially as shown on the tentative map to the satisfaction of the district engineer and city engineer. 55. The developer shall provide separate private potable water sub-meters for each separately owned unit within this subdivision. 56. Developer shall locate utility transformers or water backflow preventers outside the public right- of-way as shown on the Tentative Map to the satisfaction of the city engineer. Code Reminders 57. This tentative map shall expire two years from the date on which the City Council voted to approve this application. PC RESO NO. 7405 -14-May 4, 2021 Item #5 Page 22 of 26 58. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the City of Carlsbad Municipal Code to the satisfaction of the city engineer. 59. Developer shall pay park-in-lieu fees in accordance with Section 20.44 of the City of Carlsbad Municipal Code to the satisfaction of the city engineer. 60. 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. 61. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 62. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050. 63. Developer shall pay a landscape inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 64. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable city ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 65. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 66. Any signs proposed for this development shall at a minimum be designed in conformance with the Village and Barrio Master Plan and shall require review and approval of the City Planner prior to installation of such signs. 67. 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 v~hicle 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 PC RESO NO. 7405 -15-May 4, 2021 Item #5 Page 23 of 26 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020{a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on February 3, 2021, by the following vote, to wit: AYES: Commissioners Lafferty, Luna, Kamenjariri, Meenes, Merz and Sebellico NOES: ABSENT: ABSTAIN: Commissioner Stine ROY MEENES, Chair CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7405 -16-May 4, 2021 Item #5 Page 24 of 26 Exhibit 4 Planning Commission staff report dated Feb. 3, 2021 (on file in the Office of the City Clerk) May 4, 2021 Item #5 Page 25 of 26 Exhibit 5 Planning Commission minutes dated Feb. 3, 2021 (on file in the Office of the City Clerk) May 4, 2021 Item #5 Page 26 of 26 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad, California, at 3:00 p.m. on Tues., May 4, 2021, to consider a Tentative Tract Map and Site Development Plan to construct a nine-unit, residential air-space condominium project on a 0.42-acre site located at 2690 Roosevelt Street in the Village General (VG) District of the Village and Barrio Master Plan and within Local Facilities Management Zone 1. and more particularly described as: THE SOUTHWESTERLY HALF OF LOT 40, EXCEPTING THEREFROM THE NORTHWESTERLY 10.60 FEET OF THE SOUTHWESTERLY 120.00 FEET THEREOF OF SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921. Whereas, on Feb. 3, 2021 the City of Carlsbad Planning Commission voted 6/0/1 to recommend approval of a Tentative Tract Map and Site Development Plan to construct a nine-unit, residential air-space condominium project on a 0.42-acre site located at 2690 Roosevelt Street in the Village General (VG) District of the Village and Barrio Master Plan and within Local Facilities Management Zone 1. The City Planner has determined that this project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to section 15332 (In-fill Development Projects) of the State CEQA guidelines. Copies of the staff report will be available on and after April 30, 2021. If you have any questions, please contact Cliff Jones in the Planning Division at (760) 602-4613 or Cliff.Jones@carlsbadca.gov. Per California Executive Order N-29-20, and in the interest of public health and safety, we are temporarily taking actions to prevent and mitigate the effects of the COVID-19 pandemic by holding City Council and other public meetings online only. All public meetings will comply with public noticing requirements in the Brown Act and will be made accessible electronically to all members of the public seeking to observe and address the City Council. You may participate by phone or in writing. Participation by phone: sign up at https://www.carlsbadca.gov/cityhall/clerk/meetings/default.asp by 2 p.m. the day of the meeting to provide comments live by phone. You will receive a confirmation email with instructions about how to call in. Participation in writing: email comments to clerk@carlsbadca.gov. Comments received by 2 p.m. the day of the meeting will be shared with the City Council prior to the meeting. When e-mailing comments, please identify in the subject line the agenda item to which your comments relate. All comments received will be included as part of the official record. Written comments will not be read out loud. If you challenge the Tentative Tract Map and Site Development Plan in court you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: CT 2019-0006/SDP 2019-0007 (DEV2018-0183) CASE NAME: 2690 ROOSEVELT PUBLISH: APRIL 23, 2021 CITY OF CARLSBAD I CITY COUNCIL EXHIBIT 2 0 NOT TO SCALE SITE MAP 2690 ROOSEVELT CT 2019-0006/SDP 2019-0007 (DEV2018-0183) JAY CARLSBAD LLC 6300 S SYRACUSE WAY STE 430 CENTENNIAL CO 80111 GING INVESTMENTS 3682 HERMAN AVE SAN DIEGO CA 92104 FELDMAN FAMILY TRUST 07-22-10 107 BRIAN CT PALM DESERT CA 92260 FAHEY PATRICK J :668 LAGUNA DR iCARLSBAD CA 92008 VILLAS DE LA PLAYA TRUST 11-20-03 674 LAGUNA DR CARLSBAD CA 92008 DECKER GARY AND CHRISTINE '686 LAGUNA DR CARLSBAD CA 92008 CONSTANCE SPIRO AND RUTH M FAMILY TRUST 05-01-92 1176 SAN PABLO DR SAN MARCOS CA 92078 °CONNELL FAMILY TRUST 02-07-18 654 LAGUNA DR CARLSBAD CA 92008 :HAYNES RAY M AND PATRICIA K .TRUST 01-13-04 2855 CARLSBAD BLVD 'STE S-412 CARLSBAD CA 92008 •HARPER V M LIVING •'TRUST 08-23-18 670 LAGUNA DR CARLSBAD CA 92008 'BURKE ANTHONY G AND DIANA K !676 LAGUNA DR ;CARLSBAD CA 92008 LOH REAL ESTATE L P P 0 BOX 1021 .SOLANA BEACH CA 92075 ANDERSON GAIL V M D AND ALICE H DECEDENTS CREDIT TRUST 217 OAKLAWN AVE S PASADENA CA 91030 UNIAT TRUST 10-24-07 656 LAGUNA DR CARLSBAD CA 92008 GRENGS GEORGE AND KAREN FAMILY TRUST 12-02-02 20430 VIA CELLINI PORTER RANCH CA 91326 SANDERS RICHARD AND JANE ' FAMILY 19-97 TRUST 12-10-97 .672 LAGUNA DR 'CARLSBAD CA 92008 .SAN DIEGO CHARITABLE REAL .ESTATE FOUNDATION 2508 HISTORIC DECATUR RD ' STE 200 SAN DIEGO CA 92106 SMITH FAMILY TRUST 05-29-14. 278 VALLE VISTA DR DANVILLE CA 94526 .BERNAUER BRIAN AND ALCORTA 'MADELINE 692 LAGUNA DR CARLSBAD CA 92008 HARRISON FAMILY TRUST 01-09-91 P 0 BOX 231594 ENCINITAS CA 92023 I LADHOFF DON AND MARY 694 LAGUNA DR 'CARLSBAD CA 92008 !SAN DIECO CAS AND ELECTRIC CO !PUBLIC ACENCY CARLSBAD CA 92008 ;PEACOCK AND PEACOCK 403 PARKWOOD LN .LEUCADIA CA 92024 ,ONE RAILYARD LOFTS L L C P 0 BOX 7050 .RCHO SANTA FE CA 92067 ; .WILSON CORY A AND SUSAN J TRUST 06-26-02 3411 W RIVER DR MEQUON WI 53097 .BRASHER REVOCABLE LIVING iTRUST 02-05-20 !883 W GOODRICH PL PALATINE IL 60067 'WEINBERGER LAWRENCE AND LAURIE ' 1211 MAPLE AVE *SEA CLIFF NY 11579 VENSTROM FAMILY TRUST 08-03-NORTH SAN DIEGO COUNTY CANTABRANA 2005 TRUST 02-19- '04 TRANSIT DEVELOPMENT BOARD 05 2933 LANCASTER RD PUBLIC ACENCY 2639 STATE ST ,CARLSBAD CA 92010 'CARLSBAD CA 920,08 CARLSBAD CA 92008 SPEERT ELLEN FAMILY TRUST 11-02-87 2633 STATE ST CARLSBAD CA 92008 CARLSBAD STATE STREET L L C 2739 STATE ST CARLSBAD CA 92008 JKSGEDWARDS FAMILY TRUST 02-15-01 3980 ADAMS ST CARLSBAD CA 92008 T H STATE STREET LLC P 0 BOX 7050 RCHO SANTA FE CA 92067 E R E PROPERTIES L L C 1054 LA SOMBRA DR SAN MARCOS CA 92078 2659 STATE PARTNERS LLC 375 VIA LINDA DEL SUR ENCINITAS CA 92024 SCHROEDER THOMAS S LIVING TRUST 03-05-15 3518 CALLE GAVANZO CARLSBAD CA 92009 MARS ON MARK E 2513 STATE ST CARLSBAD CA 92008 BRADLEY NEIL AND KATRINA FAMILY TRUST 04-04-15 2517 STATE ST CARLSBAD CA 92008 iLYLE FAMILY TRUST 01-12-06 2511 STATE ST :CARLSBAD CA 92008' :ILG RAYMOND P AND OLENA 591 CAMINO DE LA REINA STE 300 :SAN DIEGO CA 92108 ELLER TOM AND REBECCA L ,2509 STATE ST CARLSBAD CA 92008 POVAR PAULETTE H LIVING TRUST 07-07-16 2507 STATE ST CARLSBAD CA 92008 HEFFNER FAMILY 2016 TRUST 01-22-16 ;2521 STATE ST CARLSBAD CA 92008 TOUGH FAMILY 1992 TRUST 06-03-92 _4730 DISCOVERY PRESERVE CT ROCKLIN CA 95677 DELHOMME JOSHUA 8591 MENKAR RD SAN DIEGO CA 92126 MNMBTRUST 09-04-18 2048 E CRYSTAL AVE SALT LAKE CTY UT 84109 ,GIOULAKIS MICHAEL AND !ALEXANDRA 2505 STATE ST :CARLSBAD CA 92008 SWEENEY FAMILY TRUST 11-16-17 2525 STATE ST CARLSBAD CA 92008 CLAWSON MITCHELL AND RIA.CQUELYNE '2537 STATE ST 'CARLSBAD CA 92008 !DAVIS MARC R AND HEATHER M .2549 STATE ST 'CARLSBAD CA 92008 STEWART FAMILY TRUST 2551 STATE ST . :CARLSBAD CA 92008 .MARSHALL WILLIAM J AND DAWN :2503 STATE ST . 'CARLSBAD CA 92008 .JAMTAAS REVOCABLE. 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TRUST 05-28-96 ' TRUST B 06-13-00 25531 COMMERCENTRE DR ' 3271 WESTWOOD DR 202 RAINBOW LN STE 100 CARLSBAD CA 920.08 OCEANSIDE CA 92054 'LAKE FOREST CA 92630 .STRAESSER RALPH A AND C J • DEWHURST FAMILY TRUST BEECHTREE OFFICE BUILDING FIELDS REVOCABLE TRUST 3425 SEACREST DR PARTNERSHIP 1518 AVOCADO RD CARLSBAD CA 92008 • 2653 ROOSEVELT ST !OCEANSIDE CA 92054 ' STE D CARLSBAD CA 92008 EISLER FAMILY SURVIVORS TRUST 09-17-87 6631 LITTLER DR SAN DIEGO CA 92119 2646 SEA GLASS LLC P 0 BOX 17506 RANCHO SANTA FE CA 92067 2621 ROOSEVELT L L C P 0 BOX 1707 FALLBROOK CA 92088 CABO ANNA M TRUST 04-25-17 P 0 BOX 755 BORREGO SPGS CA 92004 2569 ROOSEVELT LLC P 0 BOX 448 'CORONA DL MAR CA 92625 TREJO FAMILY TRUST 07-16-02 3383 ADAMS ST CARLSBAD CA 92008 CHAMBERLAIN MICHAEL A AND KIMBERLY A 2004 TRUST 2653 ROOSEVELT ST CARLSBAD CA 92008 JONES RICHARD L TRUST 10-25-06 2608 STATE ST CARLSBAD CA 92008 ,SHIRZAD KHOSROW CHARITABLE :REMAINDER UNITRUST .1547 AVENIDA LA POSTA ENCINITAS CA 92024 - •B W R 16 LLC 2922 DAIMLER'ST SANTA ANA CA 92705 FABRIC 2656 STATE LLC 2659 STATE ST STE 160 CARLSBAD CA 92008 .HOSTON FAMILY TRUST 05-18-92 .P 0 BOX 547 CARLSBAD CA 92018 CSTATE L L C 2244 S SANTA FE AVE STE B2 • VISTA CA 92084 .PATERSON KENT R TRUST 06-03-20 2752 FLOWER FIELDS WAY CARLSBAD CA 92010 CARLSBAD LAND PARTNERS LLC 264 PACIFIC AVE SOLANA BEACH CA 92075 MAR VISTA TRUST 06-26-92 P 0 BOX 1481 CARLSBAD CA 92018 TREJO FAMILY TRUST 10-22-93 2687 MADISON ST CARLSBAD CA 92008 BARLOW KAREN J TRUST 07-11-90 5315 AVENIDA ENCINAS STE 130 CARLSBAD CA 92008 KATZ STAN S P 0 BOX 23-5481 ENCINITAS CA 92023 'JOHNSON FAMILY TRUST 12-27-85 :4513 COVE DR ,APT 12 CARLSBAD CA 92008 !CARLSBAD ROOSEVELT LP: 1_707 E HIGHLAND AVE ;STE 100 PHOENIX AZ 85016 JACKSON GARY L AND JACKSON JUANA H 1359 WOODVIEW CT OCEANSIDE CA 92056 .SEVILLE HOLDINGS L L C '1630 VALDES DR - LA JOLLA CA 92037 WULLENJOHN CHARLES AND LORRAINE 1259 DISCOVERY ST SAN MARCOS CA 92078 .MADISON SQUARE CONDOMINIUMS :LLC . iP 0 BOX 669 'POWAY CA 92074 ,JARMOLOWICZ EDWARD S AND .JEANMARIE ,46 PERRY HENDERSON DR ;FRAMINGHAM MA 1701 „APODACA JOE P JR 2645 MADISON ST . CARLSBAD CA 92008 KEY 5 LLC SOTO SOLEDAD M TRUST 03-14-16 .SHEA PATRICK 0 AND SUE JIN 0 • P 0 BOX 3030 .2615 MADISON ST 2605 MADISON ST LA JOLLA CA 92038 CARLSBAD CA 92008 .CARLSBAD CA 92008 VASQUEZ ANGELINA LLEWELLYN RYAN ALCANTAR MARTIN V AND MARIA I 2564 ROOSEVELT ST 2562 ROOSEVELT ST 2560 ROOSEVELT ST CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92008 RECINOS PEDRO E AND MYRNA Y ROBBINS KAREN C LOPEZ LUISA 2566 ROOSEVELT ST 2568 ROOSEVELT ST 2570 ROOSEVELT ST CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92008 PAGE THOMAS STAVRON BEVERLY A DWYER CHRISTA 2572 ROOSEVELT ST 2574 ROOSEVELT ST 2580'ROOSEVELT ST CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92008 ,SCHEXNAYDER JEANIE :BOLAND JENNIFER ERGIN H S .2578 ROOSEVELT ST 2576 ROOSEVELT ST P 0 BOX 218 :CARLSBAD CA 92008 CARLSBAD CA 92008 CARLSBAD CA 92018 .S D C PROPERTIES L L C 'TASTE AND SEA VACATIONS LhC COOKIE TRUST 12-09-19 .2155 RAMONA LN 1605 LAGUNA DR ,517 W BEECH ST ,VISTA CA 92084 :CARLSBAD CA 92008 :FALLBROOK CA 92028 CASTENS FAMILY REVOCABLE TRUST 11-06-06 2381 JEFFERSON ST APT A CARLSBAD CA 92008 HOENIG SETH .P 0 BOX 1958 CARLSBAD CA 92018 NOLAN MARK J 20322 CAROL LN SARATOGA CA 95070 WILSON JANE RESIDENCE TRUST 10-11-01 2710 MADISON ST ,CARLSBAD CA 92008 2755 JEFFERSON BUILDING 2755 JEFFERSON ST !STE 200 •'CARLSBAD CA 92008 :CIELO RUSH TRUST 01-01-17 P 0 BOX 1827 'CARLSBAD CA 92018 FRANKLIN FAMILY .TRUST 04-30-90 2712 MADISON ST ,CARLSBAD CA 92008 HARRIS FAMILY TRUST 16117-97 722 ARBUCKLE PL *CARLSBAD CA 92008 .FJAERAN RANDI i P 0 BOX 1097 ,CARLSBAD CA 92018 ROBINSON JOHN P AND GWEN E :ALBA ROGELIO S AND KEELY C •TUPPER FAMILY LIVING 725 ARBUCKLE PL :P 0 BOX 2711 .TRUST 01-24-74 CARLSBAD CA 92008 CARLSBAD CA 92018 2785 JEFFERSON ST :CARLSBAD CA 92008 2770 MADISON LLC .SCANLON FAMILY TRUST 12-18-90 2801 JEFFERSON STREET L L C 2667 OCEAN ST '7306 BORLA PL , 7232 EL FUERTE ST . :CARLSBAD CA 92008 'CARLSBAD CA 92009 ; CARLSBAD CA 92009 ZOUCHA-REPP CAROLYN J FAMILY TRUST 02-09-18 5301 E MITCHELL DR PHOENIX AZ 85018 STROTHER 1996 TRUST 10-17-96 3811 MARGARET WAY CARLSBAD CA 92008 HYSPAN PRECISION PRODUCTS INC EMPLOYEE BENEFITS TRUS P 0 BOX 636 VISTA CA 92085 .KOOKIS PANDELIS AND EVANGELIA '507 N HOWARD ST GLENDALE CA 91206 BRANNICK/STROTTO TRUST 08-14-17 2678 MADISON ST CARLSBAD CA 92008 M R CARLSBAD 11 LLC 1818 1ST.AVE STE 100 'SAN DIEGO CA 92101 ROOSEVELT TAMARACK INVESTMENTS PROPERTY HOLDING LLC 6 VENTURE STE 215 IRVINE CA 92618 KLETT FAMILY TRUST 02-06-98 P 0 BOX 4086 CARLSBAD CA 92018 'BALAKER VICTOR AND ANGELA . .3811 ALDER AVE CARLSBAD CA 92008 °SULLIVAN DENNIS J FAMILY TRUST 04-16-92 . 8462 DEEPVIEW DR .HUNTINGTN BCH CA 92646 TGMSINC P 0 BOX 230562 ENCINITAS CA 92023 MORISON SONDRA K AND WATTS JAMES B LIVING TRUST 2664 MADISON ST CARLSBAD CA 92008 BLEICH FAMILY TRUST 11-10-06 13176 W SKINNER DR PEORIA AZ 85383 HOWARD-JONES-MARITAL TRUST. 03-31-81 4825 ARGOSY LN CARLSBAD CA 92008 UNITED STATES POSTAL SERVICE 2772 ROOSEVELT ST CARLSBAD CA 92008 INFORMATION ONLY 2631 ROOSEVELT ST CARLSBAD CA 92008 FARLEY TIMOTHY R P 0 BOX 1622 CARLSBAD CA 92018 CURTIN THOMAS C 4401 MANCHESTER AVE STE 206 ENCINITAS CA 92024 _ LAGUNA BREEZE CONDOMINIUMS LLC 1868 CREST DR ENCINITAS CA 92024 DESILVA FAMILY TRUST 01-16-06 ' 2668 MADISON ST CARLSBAD CA 92008 HIMATHONGKHAM VARA REVOCABLE TRUST 07-31-99 2672 MADISON ST CARLSBAD CA 92008 STATE STREET COMMONS LLC 2659 STATE ST STE 100 CARLSBAD CA 92008 BANDEMER BRUCE AND KELLY FAMILY TRUST 12-28-00 2720 JEFFERSON ST CARLSBAD CA 92008 - 173 PRINTED - * DUPLICATE OWNERS REMOVED City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008