Loading...
HomeMy WebLinkAbout2021-09-01; Planning Commission; Resolution 7421PLANNING COMMISSION RESOLUTION NO. 7421 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT PERMIT, SITE DEVELOPMENT PLAN, COASTAL DEVELOPMENT PERMIT, AND MINOR SUBDIVISION TO DEMOLISH AN EXISTING DUPLEX AND CONSTRUCT A THREE-UNIT, RESIDENTIAL AIR-SPACE CONDOMINIUM PROJECT ON A 0.14-ACRE INFILL SITE LOCATED AT 4008 GARFIELD STREET, WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: GARFIELD HOMES CASE NO.: PUD 2021-0001/SDP 2021-0002/CDP 2021-0003/MS 2021-0001 (DEV2020-0212) WHEREAS, Kirk Moeller Architects, "Applicant," has filed a verified application with the City of Carlsbad regarding property owned by RREG Investment Series LLC Series I038, "Owner," described as LOT ONE IN BLOCK "K" OF PALISADES, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1747, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 25, 1923 ("the Property"); and WHEREAS, said verified application constitutes a request for a Planned Development Permit, Site Development Plan, Coastal development Permit, and Minor Subdivision as shown on Exhibit(s) "A" -"X" dated September 1, 2021, on file in the Planning Division, PUD 2021-0001/SDP 2021- 0002/CDP 2021-0003/MS 2021-0001 -GARFIELD HOMES, as provided by Chapters 21.06, 21.24, 21.45, 21.82, 21.203, and 20.24 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on September 1, 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 Planned Development Permit, Site Development Plan, Coastal Development Permit, and Minor Subdivision. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES PUD 2021-0001/SDP 2021-0002/CDP 2021-0003/MS 2021-0001 -GARFIELD HOMES, based on the following findings and subject to the following conditions: Findings: Planned Development Permit {PUD 2021-0001) 1. The proposed project is consistent with the general plan, and complies with all applicable provisions of this chapter, and all other applicable provisions of the Carlsbad Municipal Code, in that the General Plan Land Use designation for the property is R-23 Residential, allows residential development at a density range of 15-23 dwelling units per acre (du/ac) with a Growth Management Control Point {GMCP) of 19 du/ac. The project site has a net developable acreage of 0.14 acres. At the GMCP, three (3) dwelling units would be permitted on this 0.14- net-developable-acre property {2.7 dwelling units rounded up to three dwelling units). As three residential units are proposed, the project complies with the R-23 General Plan Land Use designation for density. The project is consistent with all remaining development and design standards applicable to the property as contained in Chapters 21.24 (Residential Density- Multiple (RD-M) Zone, 21.45 {Planned Developments) and 21.82 (Beach Area Overlay Zone (BAOZ) of the Carlsbad Municipal Code. 2. The proposed project will not be detrimental to existing uses, or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings, or traffic, in that the three-unit residential air-space condominium project is compatible with existing surrounding single-family and multiple-family residential uses as permitted by the Residential Density-Multiple (RD-M) Zone and does not create any traffic or circulation impacts as Garfield Street and Chinquapin Avenue are adequately designed to accommodate the 24 Average Daily Trips (ADTs) being generated. 3. The project will not adversely affect the public health, safety, or general welfare, in that the three- unit residential air-space condominium project has been designed to comply with all applicable development standards to ensure compatibility with surrounding single-family and multiple- family residential uses. 4. The project's design, including architecture, streets, and site layout a) contributes to the community's overall aesthetic quality, b) includes the use of harmonious materials and colors, and the appropriate use of landscaping, and c) achieves continuity among all elements of the project, in that the architectural character of the project is a beach contemporary style featuring rectangular massing, gable roofs, shed roof accents and a number of balconies with decorative railings. Primary building materials include white smooth stucco, white and blue horizontal siding (Hardie plank and aluminum), and dark gray painted wood fascia boards. Dark gray composite asphalt shingles cover a 3:12-pitched roof on each building. A conceptual landscape PC RESO NO. 7421 -2- plan has been reviewed for the site and a final landscape plan is conditioned to be approved prior to grading permit issuance. All elements (i.e. site layout, architecture, landscaping) create continuity in the overall project design. Site Development Plan (SDP 2021-0002) 5. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the project consists of the demolition of an existing duplex and detached garage and the construction of a three-unit residential air-space condominium project on a 0.14-acre in-fill site located at 4008 Garfield Street. The site is surrounded by a mix of existing single-family and multiple-family residential developments. The proposed three-unit residential project at a density of 21 du/ac is consistent with the R-23 Residential (15-23 du/ac) General Plan Land Use designation. The project is consistent with the various elements and objectives of the General Plan as discussed in the findings below and Section "A" ofthe project staff report. The proposed three-unit residential project will not be detrimental to existing uses or to uses specifically permitted in the area in which the use is located in that residential is a permitted use within the Residential Density-Multiple (RD-M) Zone and is compatible with the other residential uses surrounding the project site, including single-family and multi-family residential. The three-unit residential air-space condominium project, comprising a detached single-family home and a two-family dwelling unit will not adversely impact the site, surroundings, or traffic circulation in that the existing surrounding streets have adequate capacity to accommodate the 24 ADTs generated by the project. The project complies with all minimum development standards of the Carlsbad Municipal Code, including but not limited to the RD-M Zone, Beach Area Overlay Zone, and the Planned Development Ordinance. Furthermore, the project is adequately parked on- site and does not result in any significant environmental impacts. 6. That the site for the intended use is adequate in size and shape to accommodate the use, in that as demonstrated in the project staff report, the three-unit residential air-space condominium project complies with all development standards (i.e. front, side and rear setbacks, lot coverage, private open space, number of parking spaces, and height restrictions) of the Residential Density-Multiple (RD-M) Zone, the Beach Area Overlay Zone, and the Planned Development Ordinance. 7. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that as demonstrated in the project staff report, the three-unit residential air- space condominium project complies with the development standards (i.e., front, side and rear setbacks, lot coverage, private open space, number of parking spaces, and height restrictions) of the Residential Density-Multiple (RD-M) Zone, the Beach Area Overlay Zone, and the Planned Development Ordinance. A six-foot-tall wood fence is proposed along the east and south property lines and a combination retaining wall/vinyl fence is proposed along the stepped pad, in between the single-family unit and the two-family condominium units. All proposed fencing complies with the Zoning Code. Landscaping of the property, including the areas along Garfield Street and Chinquapin Avenue, will be provided consistent with the requirements of the city's PC RESO NO. 7421 -3- Landscape Manual. One street tree is proposed to be removed and will be replaced at a 4:1 ratio, which is acceptable to the Parks Department. 8. That the street systems serving the proposed use are adequate to properly handle all traffic generated by the proposed use, in that the three-unit residential air-space condominium project will take access off Chinquapin Avenue, which is identified as a local street and designed to adequately handle the 24 ADTs generated by the project. The proposed project will construct frontage improvements, including curb, gutter, and sidewalk, along the Garfield Street frontage, filling in the gap in pedestrian access between the property to the south on Garfield Street to the southeast corner of Garfield Street and Chinquapin Avenue. Coastal Development Permit (CDP 2021-0003) 9. That the proposed development is in conformance with the Mello II Segment of the Certified Local Coastal Program (LCP) and all applicable policies, in that the site is designated R-23 Residential (15-23 du/ac) for single-family, two-family, and multi-family residential development by the Mello II Segment of the LCP. The project consists of the demolition of an existing duplex and detached garage and the construction of a three-unit residential air-space condominium project at a density of 21 du/acre on a 0.14-acre site. The proposed three-story units will not obstruct views of the coastline as seen from public lands or the public right-of- way, nor otherwise damage the visual beauty of the coastal zone. No agricultural uses currently exist on the site, nor are there any sensitive resources located on the property. In addition, the proposed three-unit residential condominium project is not located in an area of known geologic instability or flood hazards. Since the site does not have frontage along the coastline, no public opportunities for coastal shoreline access are available from the subject site. Furthermore, the residentially designated site is not suited for water-oriented recreation activities. 10. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the property is not located adjacent to the shoreline. Therefore, the three- unit residential air-space condominium project will not interfere with the public's right to physical access to the ocean and, furthermore, the residentially designated site is not suited for water-oriented recreation activities. 11. That the project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the three-unit residential air-space condominium project will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants, and soil erosion. No undevelopable steep slopes or native vegetation is located on the subject property and the previously graded site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 12. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X of the Land Use Plan, certified September 1990 and Agricultural Conversion Mitigation Fees are not required in accordance with the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance). PC RESO NO. 7421 -4- 13. The project is not between the sea and the first public road parallel to the sea and therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance). Minor Subdivision {MS 2021-0001) 14. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code and the State Subdivision Map Act, and will not cause serious public health problems, in that the three-unit residential air-space condominium project created through the minor subdivision satisfies all the minimum requirements of Title 20 and has been designed to comply with other applicable regulations including the Residential Density-Multiple {RD-M) Zone, the Beach Area Overlay Zone, the Planned Development Ordinance, Growth Management Ordinance, and the R-23 Residential General Plan Land Use designation. 15. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated R-23 Residential for residential development at a density of 15-23 dwelling units per acre. Surrounding properties are also designated R-23 Residential and are developed with multiple-family residential projects of a similar density or underdeveloped lots containing one single-family home. 16. That the site is physically suitable.for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed in that all required development standards and design criteria required by the Residential Density- Multiple {RD-M) Zone, the Planned Development Ordinance, and the Beach Area Overlay Zone are incorporated into the three-unit residential air-space condominium project. 17. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the three-unit residential air-space condominium project has been designed and conditioned so that there are no conflicts with established easements. The applicant is required to dedicate right-of-way for public street, public utility, and pedestrian access improvements. 18. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 19. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that the structures are designed to include balconies and operable windows oriented to maximize exposure of each unit to natural light and ventilation from nearby coastal breezes. 20. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources. PC RESO NO. 7421 -5- 21. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish and wildlife or their habitat, in that the three-unit residential air-space condominium project site has been previously developed and is surrounded by existing development. 22. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the three-unit residential air-space condominium project will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants, and soil erosion. General 23 . 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 1, 2021 including, but not limited to the following: a. Land Use & Community Design -The three-unit residential air-space condominium project is consistent with the elements and objectives of the General Plan as discussed in Section "A" of the project staff report. The project's density of 21 dwelling units per acre is consistent with the R-23 Residential (15-23 du/ac) General Plan Land Use designation. b. Mobility -The proposed project has been designed to meet all circulation requirements, including vehicular access to and from Chinquapin Avenue. In addition, the applicant will be required to pay any applicable traffic impact fees, prior to issuance of a building permit, that will go toward future road improvements. The proposed project will construct frontage improvements along Garfield Street, including a curb, gutter, and sidewalk along the Garfield Street frontage, which will complete the gap in pedestrian access between the property to the south and the southeast corner of Garfield Street and Chinquapin Avenue. c. Noise -The project consists of three residential condominiums designed as a detached single-family home and a two-family dwelling unit. A noise study prepared for the project (Birdseye Planning Group, November 2020) concluded the project complies with the Noise Guidelines Manual and applicable General Plan policies. No project-specific conditions are required. d. Housing -The proposal to demolish two residential units and construct a three-unit residential condominium project has been conditioned to pay the applicable housing in-lieu fee for one unit, or three units if building permits for the project have not been applied for within two years of demolishing the two existing residential units. e. Public Safety -The proposed structural improvements will be required to be designed in conformance with all seismic design standards. In addition, the proposed project is consistent with all the applicable fire safety requirements including fire sprinklers. Furthermore, the project has been conditioned 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. PC RESO NO. 7421 -6- 24. 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. The Public Facility fee is required to be paid by Council Policy No.17 and will be collected prior to the issuance of building permit. c. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 25. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 26. The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15332, In-Fill Development Project, of the state California Environmental Quality Act (CEQA) Guidelines. 27. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of grading permit, building permit, or recordation of the Final Parcel Map, whichever comes first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the city's approval of this Planned Development Permit, Site Development Plan, Coastal Development Permit, and Minor Subdivision. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Planned Development Permit, Site Development Plan, Coastal PC RESO NO. 7421 -7- Development Permit, and Minor Subdivision, documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly, from (a) city's approval and issuance of this Planned Development Peri:nit, Site Development Plan, Coastal Development Permit, and Minor Subdivision (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 Parcel Map/Site Plan, conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision-making body. The copy shall be submitted to the City Planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 9. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 10. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the PC RESO NO. 7421 -8- 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 and the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, subject to any credits authorized by Carlsbad Municipal Code Section 5.09 .040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void . 12. Prior to the issuance of the grading permit or final parcel map approval, whichever comes first, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Planned Development Permit, Site Development Plan, Coastal Development Permit, and Minor Subdivision, by Resolution(s) No. 7421 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 homeowner's association and corresponding covenants, conditions, and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner prior to Certificate of Occupancy. 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. A "hold" will be placed on the building permit (i.e. Certificate of Occupancy) to ensure that said CC&R's are received prior to issuance of Certificate of Occupancy. 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. PC RESO NO. 7421 -9- A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. c. Failure of Association to Maintain Common Area Lots and Easements: In the event that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article ___ _, Section _____ the city shall have the right, but not the duty, to perform the necessary maintenance. If the city elects to perform such maintenance, the city shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the city finds to be required and requesting the same be carried out by the Association within a period of thirty {30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association's Easements within the period . specified by the city's notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. d. Special Assessments Levied by the City: In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association's Easements, the city shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association's Easements. The city shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the 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 HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit _____ _ f. Balconies. trellis, and decks: The individual lot or unit owner allowances and prohibitions regarding balconies, trellis, and decks shall be as set forth in Exhibit ____ _ 16. At issuance of building permits, or prior to the approval of a final map, the Developer shall pay to the city an inclusionary housing in lieu fee as an individual fee on a per market rate dwelling unit basis in the amount in effect at the time, as established by City Council Resolution from time to time. The proposal to demolish a duplex and construct a three-unit residential condominium PC RESO NO. 7421 -10- project requires the payment of the applicable in-lieu fee for one unit, or three units if building permits for the three-unit project have not been applied for within two years of demolishing the existing duplex. 17. Prior to Certificate of Occupancy, the Developer shall submit to the City Planner a recorded copy of the Condominium Plan filed with the Bureau of Real Estate which is in conformance with the City-approved documents and exhibits. 18. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. 19. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the City Planner and shall at least include a handout and a sign inside the sales facility, or inside each unit, stating the fact of a potential pass-through of fees or taxes exists and where complete information regarding those 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 inside each unit, at all times. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools~ parks, and streets. 21. Developer shall post a sign in the sales office, or inside each unit, in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. 22. The removal of one street tree requires replacement at a 4:1 ratio, to the satisfaction of the Parks Department and the City Planner. Engineering: General 23. 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. 24. 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. 7421 -11- 25. 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 street trees, sidewalks, landscaping, enhanced paving, low impact development features, storm drain facilities, retaining wall, and driveway approach located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. 26. Developer shall prepare, submit, and process for city engineer approval a final parcel map to subdivide this project. There shall be one Final Parcel Map recorded for this project. Developer shall pay the city standard map review plan check fees. Fees/ Agreements 27. 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. 28. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. Grading 29. Based upon a review of the proposed grading and the grading quantities shown on the site plan, 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. 30. 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. Storm Water Quality 31. 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. 32. 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 PC RESO NO. 7421 -12- 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. 33. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form. Developer is responsible to ensure that all final design plans, grading plans, and building plans incorporate applicable best management practices (BMPs). These BMPs include site design, source control and Low Impact Design (LID) measures including, but not limited to, minimizing the use of impervious area (paving), routing run-off from impervious area to pervious/landscape areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or signage all to the satisfaction of the city engineer. Dedication/Improvements 34. Developer shall cause owner to dedicate to the city and/or other appropriate entities an easement for public street, public utility and pedestrian access purposes 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. 35. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction of the city engineer. All private drainage systems (12" diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 36. 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. 37. Developer shall design all proposed public improvements including but not limited to removal of utility pole and undergrounding of existing overhead utilities, sewer laterals, main, and cleanout, 2-inch asphalt grind and overlay, curb and gutter, driveways, sidewalk, water services/meters, pedestrian ramp, and curb drains as shown on the site plan. These improvements shall be shown on one of the following, subject to city engineer approval: A. Grading plans processed in conjunction with this project; or B. Construction Revision to an existing record public improvement drawing Developer shall pay plan check and inspection fees using improvement valuations in accordance with the city's current fee schedule. Developer shall execute a city standard Subdivision Improvement Agreement to install said improvements and shall post security in accordance with C.M .C. Section 20.16.070. Developer shall apply for and obtain a right-of-way permit prior to performing work in the city right-of-way. 38. Developer is responsible to ensure utility transformers or raised water backflow preventers that serve this development are located outside the right-of-way as shown on the Tentative Map and to the satisfaction of the city engineer. These facilities shall be constructed within the property. PC RESO NO. 7421 -13- 39. Developer is responsible to ensure all existing overhead utilities servicing the subject property are to be undergrounded as shown on the Tentative Map and to the satisfaction ofthe city engineer. No new or relocated utility poles are allowed. Non-Mapping Notes 40. Add the following notes to the final map as non-mapping data: a. Developer has executed a city standard Subdivision Improvement Agreement and has posted security in accordance with C.M.C. Section 20.16.070 to install public improvements shown on the tentative map. These improvements include, but are not limited to: i. Removal of utility pole & undergrounding of overhead utilities ii. sewer laterals, main, and cleanout iii. 2-inch asphalt grind and overlay iv. curb & gutter v. driveways vi. sidewalk vii. water services/meters viii. pedestrian ramp ix. curb drains 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: 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. 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 ofthe 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 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. Utilities 41. 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 grading plans. PC RESO NO. 7421 -14- 42. 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 grading plans. Code Reminders 43. This tentative parcel map shall expire two years from the date on which the Planning Commission voted to approve this application. 44. 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. 45. 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 parcel map are for planning purposes only. 46. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 47. 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. 48. Developer shall pay a landscape inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 49. 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. 50. 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. 51. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. PC RESO NO. 7421 -15- 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. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a) and file the protest and any other required information with the City Manager for processing , in accordance with Carlsbad Municipal Code Section 3.32 .030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 7421 -16- PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on September 1, 2021, by the following vote, to wit: AYES: Commissioners Kamenjarin, Lafferty, Luna, Meenes, Merz, and Sabellico NOES: ABSENT: ABSTAIN : Commissioner Stine ROY MEENES, Chair CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PC RESO NO. 7421 -17-