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HomeMy WebLinkAbout2022-07-20; Planning Commission; Resolution 7456EXHIBIT 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING CARLSBAD TENTATIVE TRACT MAP, PLANNED DEVELOPMENT PERMIT AND COASTAL DEVELOPMENT PERMIT TO ALLOW THE DEMOLITION OF A SINGLE-FAMILY HOME AND THE DEVELOPMENT OF A NINE-UNIT, RESIDENTIAL AIR-SPACE CONDOMINIUM PROJECT ON A 0.44-ACRE SITE LOCATED AT 330 CHINQUAPIN AVENUE, WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: CHINQUAPIN COAST HOMES CASE NO.: CT 2021-0005/PUD 2021-0010/CDP 2021-0067 (DEV 2021-0183) WHEREAS, RREG INVESTMENT SERIES LLC, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as PORTIONS NORTHEASTERLY HALF OF LOT 3 IN BLOCK OF PALISADES NO. 2 IN THE CITY OF CARLSBAD COUNTY OF SAN DIEGO STATE OF CALIFORNIA ACCORDING TO THE MAP THEREOF NO. 1803 AS FILED IN THE OFFICE OF THE COUNTER RECORDER OF SAID COUNTY AUGUST 25, 1924, THE SOUTHWESTERLY BOUNDARY LINE BEING PARALLEL WITH AND DISTANT FROM 70.0 FEET SOUTHWESTERLY FROM THE NORTHWESTERLY LINE OF SAID LOT (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map, Planned Development Permit and Coastal Development Permit as shown on Exhibit(s) “A” – “T” dated July 20, 2022, on file in the Planning Division CT 2021-0005/PUD 2021-0010/CDP 2021-0067– CHINQUAPIN COAST HOMES, as provided by Chapters 21.24, 21.45, 21.201 and 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on July 20, 2022, 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, Planned Development Permit, and Coastal Development Permit. PLANNING COMMISSION RESOLUTION NO. 7456 PC RESO NO. 7456 -2- 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 CT 2021-0005/PUD 2021-0010/CDP 2021-0067– CHINQUAPIN COAST HOMES, based on the following findings and subject to the following conditions: Findings: Tentative Tract Map (CT 2021-0005) 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 nine-unit residential air-space condominium project created through the tentative tract map satisfies all the minimum requirements of Title 20 and has been designed to comply with all applicable regulations including the Residential Density-Multiple (RD-M) Zone, the Planned Development Ordinance, and the R-23 General Plan Land Use designation. 2. That the proposed project is compatible with the surrounding future land uses since surrounding properties are developed and are currently designated as R-23 Residential in the General Plan. The subject property is bordered on all sides by existing multi-family and single-family residences to the south and east of the project site. Given the existing, surrounding development, the air-space residential 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 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 (BAOZ) are incorporated into the nine-unit residential air-space condominium project. 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 nine-unit residential air-space condominium project has been designed and conditioned so 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 include operable windows on all elevations and balconies to maximize exposure of each unit to natural light and ventilation from nearby coastal breezes. PC RESO NO. 7456 -3- 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. The project would facilitate and guide growth in accordance with the General Plan, which allows residential uses on the project site. The project complies with the city’s inclusionary program, Carlsbad Municipal Code Chapter 21.85 and City Council Policy No. 57 (Inclusionary Housing Ordinance – Alternative Means of Compliance). The applicant proposes to enter into an affordable housing agreement to purchase one affordable housing credit from the Tavarua affordable housing credit bank to satisfy their inclusionary housing obligations prior to the issuance of a building permit. The affordable housing credit bank project site is located in the same city quadrant in which the market-rate units are located or is contiguous to the quadrant in which the market- rate units are proposed. There are sufficient housing credits available to purchase in that there currently exists 26 affordable housing credits in the Tavarua affordable housing credit bank, which exceeds the credit requested to meet the projects’ inclusionary housing requirement. As such, the project is conditioned to enter into an Affordable Housing Agreement to purchase one affordable housing credits from the Tavarua affordable housing credit bank to meet the inclusionary housing requirement. The project is also subject to certain fees described in the Master Fee Schedule, as it exists now or as amended. It is the city’s intent that the costs representing future development’s share of public facilities and capital improvements be imposed on the project to ensure that new development pays the capital costs associated with new growth. 8. The affordable housing credit bank project site is located in the same city quadrant in which the market-rate units are located or is contiguous to the quadrant in which the market-rate units are proposed in that the site is located in the northwest quadrant of the city which is contiguous to the southeast quadrant where the Tavarua affordable housing credit bank is located. 9. There are sufficient housing credits available to purchase in that there currently exists 24 affordable housing credits in the Tavarua affordable housing credit bank, which exceeds the one credit requested to meet the projects’ inclusionary housing requirement. 10. 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 nine-unit residential air-space condominium project site has been previously developed with a single-family residence and is surrounded by existing multi-family, condominiums, and single-family residential developments. 11. 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 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. Planned Development Permit (PUD 2021-0010) 12. 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 density of 20.4 dwelling units per acre (du/ac) for the nine-unit residential air-space condominium project is consistent with the R-23 Residential Land Use designation (15-23 du/acre). As discussed in the staff report, the project is consistent with all minimum development and design standards applicable to the property as contained in Chapters 21.24 PC RESO NO. 7456 -4- (Residential Density-Multiple (RD-M)), Chapter 21.82 (Beach Area Overlay Zone), and 21.45 (Planned Developments) Zone of the Carlsbad Municipal Code. 13. 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 nine-unit residential air-space condominium project does not propose or require any variances from standards, is compatible with existing surrounding uses as permitted by the Residential Density-Multiple (RD-M) Zone, and does not create any traffic circulation impacts as Chinquapin Avenue is adequately designed to accommodate the 72 Average Daily Trips (ADT) being generated. 14. The project will not adversely affect the public health, safety, or general welfare, in that the nine- unit residential air-space condominium project has been designed to comply with all applicable development standards to ensure compatibility with surrounding multiple-family, condominium, and single-family residential uses. 15. 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 nine-unit residential air-space condominium project is arranged with units along a private drive aisle that is enhanced by decorative pavers and landscaping. The three- building configuration of three-story buildings with attached garages are architecturally harmonious with each other and include a variety of exterior materials and colors that are complementary of each other. Primary building materials include light color sand finish stucco soft blue horizontal siding, and dark accented doors and windows. All elements (i.e., site layout, architecture, landscaping) create continuity in the overall project design. Coastal Development Permit (CDP 2021-0067) 16. 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 multi-family residential development by the Mello II LCP. The project consists of the demolition of a single-family residence and the construction of nine air- space condominiums in three separate buildings. The proposed project is compatible with the surroundings existing multi-family, condominiums, and single-family residential structures. The three-story structures 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-site. The proposed project is not located in an area of known geologic instability or flood hazard. 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. 17. 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 nine-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. 18. 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 nine-unit residential air-space PC RESO NO. 7456 -5- 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 steep slopes or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 19. 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). 20. 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). General 21. 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 July 20, 2022, including, but not limited to the following: A. Land Use & Community Design – The project makes efficient use of limited land supply by subdividing a 0.44-acre site into nine air-space lots to construct nine condominiums. The project meets all development standards, provides adequate parking, and the proposed design and materials ensure the development will be compatible with the surrounding neighborhood. Furthermore, the project provides additional housing within the existing neighborhood by constructing eight additional new residences (in addition to the existing one). The nine-unit residential project density of 20.4 du/ac is within the R-23 Residential density range. The R-23 General Plan Land Use designation for the property also has a Growth Management Control (GMCP) Point of 19 du/ac. The GMCP is a tool utilized by the city to track anticipated growth within the city and to plan for future needs. In compliance with Senate Bill 330, Government Code Section 66300 (b)(1)(D), and City Council action (Resolution No. 2021-074) the GMCP cannot act as a residential housing cap. At the GMCP, eight dwelling units would be permitted on this 0.44-net-developable-acre property. With nine units proposed, one dwelling unit will be withdrawn from the Excess Dwelling Unit Bank for residential unit tracking purposes only; and therefore, the proposed density is consistent with the R-23 General Plan Land Use designation. B. Housing – As nine units are proposed, not less than 15 percent of the total units or one unit shall be constructed and restricted both as to occupancy and affordability to lower-income households. Pursuant to CMC Section 21.85.070, when new construction is determined to be infeasible or present a hardship, alternatives to the construction of a unit onsite may be permitted. On April 11, 2022, the Housing Policy Team recommended approval of the applicant’s request to purchase one affordable housing credits from the Tavarua affordable housing credit bank. The project is conditioned to enter into an Affordable Housing Agreement to purchase one affordable housing credits from the Tavarua affordable housing credit bank to meet the inclusionary housing requirement prior to issuance of final map. C. Mobility – The proposed project has been designed to meet applicable circulation requirements, which include a single driveway access point from Chinquapin Avenue. In PC RESO NO. 7456 -6- addition, the applicant will be required to pay traffic impact fees prior to issuance of a building permit that will go towards future road improvements. D. Public Safety – The proposed structural improvements will be required to be designed in conformance with all seismic design standards. The proposed project is consistent with all applicable fire safety requirements including fire sprinklers. Additionally, the proposed project is not located in an area of known geologic instability or flood hazard and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. E. Noise – The project consists of nine residential condominiums configured in three separate buildings. A noise study by Birdseye Planning Group, dated November 2021 was provided. The exterior required private recreation areas are below the maximum 60 dB(a) CNEL noise level. The windows of each residential unit will need to be closed to meet a 45 dB(a) CNEL interior noise level. 22. Government Code section 65863 (“No Net Loss Law”), is to ensure development opportunities remain available throughout the planning period to accommodate a jurisdiction’s regional housing need allocation (“RHNA”), especially for lower- and moderate- income households. Jurisdictions cannot approve new housing at significantly lower densities or at different income categories than was projected in the Housing Element without making specific findings and identifying other sites that could accommodate these units and affordability levels “lost” as a result of the approval. The Project complies with the Housing Element portion of the General Plan and California State No Net Loss Zoning Law, in that: A. As Housing Element Table 10-48 describes, the city was allocated 3,873 total residential units, including 749 moderate-income units and 2,095 lower-income units, in the 6th RHNA Planning Cycle (April 15, 2021 through April 15, 2029). B. The Housing Element Residential Site Inventory identified a total capacity in the following categories; pending and approved projects, accessory dwelling units, and site capacity analysis (i.e., vacant and underutilized sites). This includes 2,833 residential units, including 422 moderate-income units and 698 lower-income units. While exceeding the above- moderate income unit projected need, the sites inventory analysis identified a deficit of 1,397 units in the lower income category and 327 units in the moderate-income category (Table 10-48). C. Consistent with allowances in Government Code 65583(c)(1), the Housing Element includes Program 1.1 that addresses the city’s site inventory deficit of lower and moderate- income units described in Finding 22.B above. The program requires the city to identify and rezone sites by April 2024 to eliminate the deficit. D. State Housing and Community Development Department guidelines strongly advise jurisdictions incorporate a buffer in their original RHNA allocation of at least 15% to 30% PC RESO NO. 7456 -7- more capacity than is required to meet the city’s site inventory deficit. The buffer responds to no net loss requirements by providing “replacement” units for projects that do not provide some or all the units per the income categories or densities identified in the Housing Element. E. Implementation of Program 1.1 is underway, consistent with City Council direction received on Feb. 15, 2022 to study two alternatives that meet both the complete shortfall and a 30% buffer of the city’s RHNA requirements. F. The project site is identified in the Housing Element Residential Sites Inventory (Appendix B, Table B-3, “Pending and Approved Projects”) as providing seven (7) residential units, or six (6) above-moderate income units and one (1) low-income unit. The unit number and affordability levels were based on a prior project (“330 Chinquapin”) that was approved and anticipated to be built within the 6th planning cycle. G. The project applicant has redesigned the prior project and all project units are at the above moderate-income affordability level. Pursuant to Government Code section 65863, jurisdictions must make “no net loss” findings if projects are approved on sites with either fewer units or a different income category than shown in the Housing Element. The project is subject to these findings because it would result in the loss of one low-income unit from that counted in the Housing Element. I. The city’s Housing Element was deemed to be in substantial compliance due to the programs included and the rezoning of sites pursuant to Program 1.1 and Government Code 65863(c)(1), which will both eliminate the city’s site inventory deficit and provide the city with the buffer to ensure “no net loss” throughout the planning period. Approval of this project increases the deficit of the city by one low-income unit and increases the requirement for Program 1.1 by one low-income unit. No changes have been made to the estimated capacities of any other sites or to the assumptions or methodologies for determining sites capacity or affordability of potential units. Thus, the city can accommodate the net remaining housing need for the 6th RHNA Planning Cycle and approval of the project is consistent with Government Code section 65863. 23. 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. 7456 -8- 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. 24. That the project is consistent with the city’s Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 25. 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 July 20, 2022. 26. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of grading permit, building permit, or recordation of the Final Map, whichever occurs first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the city’s approval of this Tentative Tract Map, Planned Development Permit, and Coastal Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map, Planned Development Permit, and Coastal Development Permit 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 PC RESO NO. 7456 -9- 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, Planned Development Permit, and Coastal Development Permit, (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 Tract Map/Planned Development Permit 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 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 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 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 Tentative Tract Map, Planned Development Permit, and Coastal Development Permit by Resolution No. 7456 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 PC RESO NO. 7456 -10- 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 plan check process on file in the Planning Division and accompanied by the project’s building, improvement, and grading plans. 15. Developer shall establish a homeowner's association and corresponding covenants, conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner prior to final tract map approval. Prior to Certificate of Occupancy, 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. 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 PC RESO NO. 7456 -11- 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. 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. 17. 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. 18. 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. 19. 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. 20. 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. PC RESO NO. 7456 -12- 21. 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. 22. Prior to the approval of the final map for any phase of the project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the city to purchase one (1) affordable housing credit from the City of Carlsbad in the Tavarua affordable housing credit bank (a combined offsite affordable housing development) to meet the inclusionary housing requirements set forth in Chapter 21.85 of the Carlsbad Municipal Code for residential developments. The individual credit purchase shall be the amount in effect at the time of purchase, as established by City Council Resolution from time to time and shall be purchased at the time of building permit issuance. The draft Affordable Housing Agreement shall be submitted to the City Planner no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. Engineering: 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. 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 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. 26. 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. 27. 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. 28. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover, etc.) and irrigation along the parkway frontage with Chinquapin Ave as shown on the Tentative Map/Site Plan. Fees/Agreements 29. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city’s standard form Geologic Failure Hold Harmless Agreement. PC RESO NO. 7456 -13- 31. Developer shall cause property owner to execute and submit to the city engineer for recordation the city’s standard form Drainage Hold Harmless Agreement. 32. 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. 33. Developer shall cause owner to execute, for recordation, a city standard Local Improvement District Agreement to pay fair share contributions for undergrounding of all existing overhead utilities and installation of street lights, as needed, along the subdivision frontage, should a future district be formed. Grading 34. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports as required by city engineer, post security and pay all applicable grading plan review and permit fees per the city’s latest fee schedule. 35. 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 36. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 37. Developer shall complete and submit to the city engineer a Determination of Project’s SWPPP Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city’s latest fee schedule. 38. Developer 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 PC RESO NO. 7456 -14- areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or signage all to the satisfaction of the city engineer. 39. This project is subject to Trash Capture requirements. Developer shall prepare and process a Trash Capture Storm Water Quality Management Plan (TCSWQMP), subject to city engineer approval, to comply with the Carlsbad BMP Design Manual latest version. The final TCSWQMP required by this condition shall be reviewed and approved by the city engineer with final grading plans and/or building plans, whichever occurs first. Developer shall pay all applicable SWQMP plan review and inspection fees per the city’s latest fee schedule. 40. Developer shall cause owner to dedicate to the city and/or other appropriate entities an easement for Pedestrian Access purposes as shown on the Tentative Map. The offer shall be made by a Certificate on the Final Map or separate recorded document. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Streets that are already public are not required to be rededicated. Additional easements may be required at final design to the satisfaction of the city engineer. Dedications/Improvements 41. 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. 42. 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. 43. Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, shall execute a city standard Subdivision Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the tentative map. Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: A. Curb and gutter B. Sidewalk C. Sewer laterals D. Driveway E. Water services/meters F. Sewer Manhole G. Asphalt Concrete Pavement Developer shall pay the standard improvement plan check and inspection fees in accordance with the fee schedule. Improvements listed above shall be constructed within 36 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 44. 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 of the city engineer. No new or relocated utility poles are allowed. PC RESO NO. 7456 -15- 45. Developer is responsible to ensure utility transformers or raised water backflow preventers that serve this development are located outside the right-of-way as shown on the Tentative Map and to the satisfaction of the city engineer. These facilities shall be constructed within the property. Non-Mapping Notes 46. 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) Curb and gutter 2) Sidewalk 3) Sewer laterals 4) Driveway 5) Water services/meters 6) Sewer Manhole 7) Asphalt Concrete Pavement 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: 2) The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. D. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans standards. E. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the city approved development plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the city approved development plans. F. There are no public park or recreational facilities to be located in whole or in part within this subdivision. The subdivider is therefore obligated to pay park-in-lieu fees in accordance with section 20.44.050 of the Carlsbad Municipal Code and has either paid all of said park in-lieu fees or agreed to pay all of said park-in-lieu fees in accordance with section 20.16.070 of the Carlsbad Municipal Code. PC RESO NO. 7456 -16- Utilities 47. 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. 48. Developer shall design and agree to construct public facilities within public right-of-way or within minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the discretion of the district or city engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. 49. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. 50. The developer shall agree to install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans. 51. The developer shall design and agree to construct public water, sewer, and recycled water facilities substantially as shown on the Tentative Map to the satisfaction of the district engineer and city engineer. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 52. 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. 53. 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. 54. Subdivider shall comply with Section 20.16.040(d) of the Carlsbad Municipal Code regarding the undergrounding of existing overhead utilities. 55. The tentative map shall expire two years from the date on which the planning commission voted to approve this application. 56. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final parcel map as required by Chapter 20.44 of the Carlsbad Municipal Code. 57. 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. 58. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. PC RESO NO. 7456 -17- 59. 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. 60. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 61. Developer acknowledges that the project is required to comply with the city’s greenhouse gas (GHG) reduction ordinances and requirements. GHG reduction requirements are in accordance with, but are not limited to, Carlsbad Municipal Code Chapters 18.21, 18.30, and 18.51 in addition to the California Green Building Standards Code (CCR, Title 24, Part 11 – CALGreen), as amended from time to time. GHG reduction requirements may be different than what is proposed on the project plans or in the Climate Action Plan Checklist originally submitted with this project. Developer acknowledges that new GHG reduction requirements related to energy efficiency, photovoltaic, electric vehicle charging, water heating and traffic demand management requirements as set forth in the ordinances and codes may impact, but are not limited to, site design and local building code requirements. If incorporating GHG reduction requirements results in substantial modifications to the project, then prior to issuance of development (grading, building, etc.) permits, Developer may be required to submit and receive approval of a Consistency Determination or Amendment for this project through the Planning Division. Compliance with the applicable GHG reduction requirements must be demonstrated on or with the construction plans prior to issuance of the applicable development permits. NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission’s decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. NOTICE 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 July 20, 2022, by the following vote, to wit: AYES: Commissioners Luna, Kamenjarin, Meenes, Merz, Sabellico, and Stine NOES: ABSENT: Commissioner Lafferty ABSTAIN: ~ STINE, Cha ir CARLSBAD PLANNING COMMISSION ATTEST: MIKE STRONG Assistant Community Development Director PC RESO NO. 7456 -18-