Loading...
HomeMy WebLinkAbout2023-05-03; Planning Commission; Resolution 7482'I I• 'J ) ) PLANNING COMMISSION RESOLUTION NO. 7482 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN, SDP2022-0003, AND COASTAL DEVELOPMENT PERMIT, CDP2022-0023, TO CONSOLIDATE THREE PARCELS OF LAND, DEMO AN EXISTING SELF-STORAGE FACILITY, FORMER JUNKYARD, AND TWO ABANDONED STRUCTURES; AND CONSTRUCT 86 TWO-AND THREE-STORY MUTLIPLE-FAMILY RESIDENTIAL APARTMENTS ON A 4.64 ACRE PROPERTY LOCATED AT 7200, 7290, AND 7294 PONTO DRIVE IN THE SOUTHWEST QUADRANT OF THE CITY AND LOCAL FACILITIES MANAGEMENTZONE 22 CASE NAME: FPC RESIDENTIAL CASE NO.: SDP2022-0003/CDP2022-0023 (DEV2022-0048) WHEREAS, H.G. Fenton Property Company, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as PARCEL 1: Parcel "B" as shown on Parcel Map No. 4383 in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County recorder of San Diego County, January 14, 1976. PARCEL 2: That parcel of land, situated within a portion of the South half of Southwest quarter of Section 28 and within a portion of the South two-thirds of Lot 4 Southeast quarter of Southeast quarter-of Section 29, Township 12 South, Range 4 West, San Bernardino Meridian, according to Official Plat thereof, in the County of San Diego, State of California, and more particularly described as a whole as follows: Beginning at the corner common to Sections 28, 29, 32, and 33, in said Township and Range, thence along the Southerly line of said Section 28 North 89°59'20" East 250 feet, more or less, to the Southwesterly corner of that strip of land 200 feet wide, described in Deed to the Atchison Topeka and Santa Fe Railway Company, recorded March 30, 1946 as Instrument No. 34729, in Book 2059, Page(s) 466 of Official Records; thence along the Southwesterly line of said 200 foot strip of land North 21 °08'18" West 856.60 feet, more or less, to the Northeasterly boundary of the 200 foot right of way of the Atchison Topeka and Santa Fe Railway Company formerly California Southern Railroad Company, as said right of way was granted by Act of Congress and as shown on original right of way map thereof approved by the Department of the Interior, United States of America, on May 12, 1881; thence along said railway boundary South 4°40'18" East to the Southerly line of said Section 29; thence along said Southerly section line South 89°49' East to the point of beginning. ) ) PARCEL 3: All that portion of the South two-thirds of Lot 4 (Southeast quarter of the Southeast quarter) of Section 29, Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego. State of California, according to the United State Government Survey approved October 25, 1875, described as follows: Beginning at the intersection of the South line of said Section 29, with the Westerly line of the abandoned portion of the Atchison, Topeka and Santa Fe Railway Company's (formerly the California Railway Company) right of way across the South two-thirds of said Lot 4, said point being distant along said Southerly line North 89°49' West 209.69 feet from the Southeast corner of said Section 29; thence along the Westerly line of said abandoned railroad right of way, North 4°40'18" West to the Northerly line of said South two-thirds of Lot 4, being the South line of land conveyed to Herbert J. Estes by Deed recorded December 3, 1936 in Book 600, Page 65 of Official Records; thence retracing South 4°40'18" East a distance of 600.00 feet to the true point of beginning: thence continuing South 4°40'18" East 159.19 feet; thence South 15°17' East, 188.48 feet to the North line of the South 40.00 feet of said Lot 4; thence along said North line South 89°49' East 162.60 feet to the Easterly line of said abandoned right of way; thence along said Easterly line North 4°40'18" West 343.26 feet to a point bearing South 89°40'18" East 200.00 feet from the true point of beginning; thence North 89°40'18" West 200.00 feet to the true point of beginning. APNs: 214-160-25, 214-160-28, 214-171-11 ("the Property"); and WHEREAS, said verified application constitutes a request for a Site Development Plan and Coastal Development Permit as shown on Exhibit(s) "A -Ill" dated May 3, 2023, on file in the Planning Division, SDP2022-0003/CDP2022-0023 -FPC RESIDENTIAL as provided by Chapter 21.06, 21.85, 21.86 and 21.201.030 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and its implementing regulations (the State CEQA Guidelines), Article 14 of the California Code of Regulations section 15000 et. seq., the city is the Lead Agency for the project, as the public agency with the principal responsibility for approving the proposed project. An environmental determination that the project is exempt from further environmental review was prepared pursuant to CEQA Guidelines section 15332 -2- ) ) (Class 32 "Infill" Categorical Exemption). At the public hearing on May 3, 2023, the Planning Commission adopted a resolution to approve the Class 32 "Infill" Categorical Exemption. The Planning Commission's decision is final unless appealed to the City Council; and WHEREAS, the Planning Commission did, on May 3, 2023, hold a duly noticed public hearing as prescribed by law to consider said request relative to the Site Development Plan and Coastal Development Permit land use applications; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Site Development Plan and Coastal Development Permit. 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 Planning Commission APPROVES SDP2022-0003/CDP2022-0023 -FPC RESIDENTIAL, based on the following findings and subject to the following conditions: Findings: Site Development Plan, SDP2022-0003 1. That the proposed development or use is consistent with the General Plan and any applicable master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the Carlsbad Municipal Code, and all other applicable provisions of this code, in that the project is consistent with the various elements and objectives of the General Plan as discussed in the findings below and in the project staff report dated May 3, 2023 incorporated by reference. There is no applicable master plan or specific plan for this property. The various goals and objectives of the General Plan will be implemented as the proposed project is consistent with the General Plan, which allows for residential uses within the R-15 Residential Land Use designation. Although the project's density of 18.5 dwelling units per acre is above the maximum R-15 density of 15 du/ac, the 86-unit residential project can be found consistent with the General Plan Land Use Policies as discussed in the findings below and in the project staff report dated May 3, 2023 through use of a Density Bonus as allowed under California Law and the Carlsbad Municipal Code. 2. That the requested development or use is properly related to the site, surroundings and environmental settings, will not be detrimental to existing development or uses or to -3- ) ) development or uses specifically permitted in the area in which the proposed development or use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the proposed project within the Residential Density-Multiple (RD-M) Zone will not be detrimental to existing uses or to uses specifically permitted in the area in which the use is located in that multiple-family residential dwellings are a permitted use within the zone. The proposed units are compatible with the surroundings in scale, massing, and design. The proposed building heights are consistent with zoning requirements. The apartments will not adversely impact the site, surroundings, or traffic circulation. Ponto Road, a local/neighborhood street, has adequate capacity to accommodate the net 637 Average Daily Trips (ADTs) generated by the overall project, and the project is adequately parked on-site in accordance with State Density Bonus Law. 3. That the site for the intended development or use is adequate in size and shape to accommodate the use, in that the subject site is adequate in size and shape to accommodate the proposed 86 triplexes, townhomes, and rowhomes, subject to density bonus provisions for concessions and waivers or reductions of standards as discussed in the findings below and in the project staff report dated May 3, 2023. The project is entitled to the requested number of units and the density bonus incentives/concessions and waivers are necessary for the project to be developed at the density and with the incentives/concessions permitted by Chapter 21.86 of the Carlsbad Municipal Code. 4. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested development or use to existing or permitted future development or use in the neighborhood will be provided and maintained, in that the project complies with all applicable development standards for residential uses within the RD-M Zone, including lot coverage, height, setbacks, and parking, etc., subject to density bonus provisions for concessions and waivers or reductions of standards as discussed in the findings below and in the project staff report dated May 3, 2023. The architecture of the buildings is compatible with the surrounding residential and commercial development. Landscaping along the street frontage and throughout the project will be provided consistent with the requirements of the city's Landscape Manual. 5. That the street systems serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use, in that the proposed project has been designed with two street entries. One located off Ponto Road, and one located off a private road extension, Beach Way. Ponto Road is identified as a local/neighborhood street and is designed to adequately handle the net 637 Average Daily Trips (ADTs) generated by the overall project. The project site is served by one NCTD bus route with stops within ¼ mile of the site, and bike lanes are provided on Carlsbad Boulevard, Poinsettia Lane, and Avenida Encinas. In addition, the applicant will be required to pay traffic impact fees in accordance with CMC 18.42 and subject to SB330 prior to issuance of building permits that will go towards future road improvements. Coastal Development Permit, CDP2022-0023 6. That the proposed development is in conformance with the Certified Local Coastal Program (LCP) and all applicable policies in that the site is designated for residential development. The development is consistent with the LCP Mello II R-15 land use designation as summarized below and further detailed in the project staff report dated May 3, 2023. No agricultural activities, sensitive resources, dual criteria slopes (greater than 25% and possessing endangered -4- ) plant/animal species and/or coastal sage scrub and chaparral plant communities), geological instability, flood hazard or coastal access opportunities exist onsite. The two-and three-story residential buildings do 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. 7. 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 coastal shore; therefore, it will not interfere with the public's right to physical access or water-oriented recreational activities. lnclusionary Housing and Density Bonus 8. The project is consistent with the provisions of CMC Chapter 21.86 and Government Code Section 65915, commonly referred to as State Density Bonus Law, in that the proposed mixed- use project includes the requisite 15% of the maximum base density as lower income, deed- restricted housing units. Project has been granted additional units, incentives, and waivers in accordance with density bonus provisions found in Government Code Section 65915 and Carlsbad Municipal Code Chapter 21.86. Per density bonus definitions, the project had a calculation of 70 Base Units. Developer requested a 27.5% increase, which allows up to an additional 20 units for a total maximum project size of 90 units (Developer is requesting fewer units at 86). Based on the requested density bonus, Developer must provide 15% of the Base Units to lower income units as defined by California Health and Safety Code Section 50053. Project is conditioned to provide 11 density bonus affordable units based on calculations in Government Code Section 65915 and enforced by the California Department of Housing and Community Development. 9. Project is also subject to Carlsbad Municipal Code Chapter 21.85, requiring 15% of the total residential units be affordable for lower income households. Carlsbad Municipal Code {CMC) Section 21.85.050 states the required number of lower-income inclusionary units shall be 15% of the total residential units approved by the final decision-making authority, including density bonus units. Therefore, the affordable units required by this code section is 13 units {86 x 0.15 = 12.9 rounded up to 13). Project is conditioned to provide 13 inclusionary units based on Carlsbad Municipal Code Chapter 21.85. 10. Per Carlsbad Municipal Code {CMC) Section 21.86.130, those affordable dwelling units provided to meet the inclusionary requirement established pursuant to CMC Chapter 21.85, shall be counted toward satisfying the density bonus requirements of this chapter. Eleven {11) of the 13 units can count towards the density bonus affordable requirement, as long as they meet the affordability requirement identified in Government Code Section 65915. Therefore, the conditions identified in the above two findings are cumulative and will be satisfied through one Affordable Housing Agreement to provide 13 total affordable units based on CMC Chapter 21.85, 11 of which will be at a lower income level to satisfy CMC Chapter 21.86. General 11. 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 May 3, 2023 including, but not limited to the following: -5- ) a. Land Use & Community Design, Goal 2-G.2 -The project will provide new multi-family residential apartments in the form of 73 market rate units and 13 affordable units located near jobs, schools, beaches, lagoons, and convenient neighborhood-serving commercial services. The project provides all required parking onsite in accordance with density bonus law and has convenient access to public transit via NCTD local bus Route 101, serving Oceanside and Carlsbad, which also connects to the Coaster in Carlsbad and the Sprinter in Oceanside providing further regional connectivity. b. Land Use & Community Design, Goal 2-G.3 -The project is proposed on a redevelopment site surrounded by existing developments on three sides and is not located within or adjacent to any preserve areas as identified in the city's HMP. The project would provide future residents with access to convenient neighborhood-serving commercial uses and will also provide housing to support nearby employment centers. c. Land Use & Community Design, Goal 2-G.4 -The multiple-family residential project with 86 apartments units (73 market rate and 13 affordable) in a variety of bedroom counts, provides for much needed higher density housing located nearby to convenient neighborhood-serving commercial uses and nearby employment centers. d. Land Use & Community Design, Policy 2-P.89 -The Ponto Beachfront Village Vision Plan identified the project site as being developed with either a two-to three-story Village Hotel or a courtyard apartment complex. While the Ponto Beachfront Village Vision Plan was never adopted by the California Coastal Commission; and therefore, is invalid and not applicable, it is worth noting that the proposed project is being developed with two-to three-story, multiple-family residential apartments, a land use that is consistent with the land uses envisioned in the uncertified Ponto Beachfront Village Vision Plan. e. Mobility, Goal 3-G.3 -The proposed project would construct a new 10-foot-wide parkway with street trees where no sidewalk currently exists. The proposed parkway will extend the connection from Carlsbad Boulevard. f. Mobility, Policy 3-P.5 -The project is proposing to improve both Ponto Road and Ponto Drive with new street sections along the property frontage. The new street sections will provide improvements for vehicular, bicycle, and pedestrian travel modes. Additionally, the project is conditioned to improve two (2) existing North County Transit District bus stops along Carlsbad Boulevard. g. Open Space, Conservation & Recreation, Goal 4-G.3 -There is no wildlife habitat, or rare, threatened, or endangered plant or animal communities present on the project site, nor adjacent to it. h. Noise, Goals 5-G.1 and 5-G.2 -Helix Environmental Planning conducted a noise study (October 5, 2022) and a train vibration analysis (September 20, 2022) for the proposed project. The principal noise source associated with the proposed project is from existing railroad usage along the eastern frontage. A new 7.5-foot-tall sound wall is proposed to ensure exterior noise levels meet the 60 dBA CNEL exterior noise standard and higher pane windows will be utilized to ensure that the 45 dBA CNEL indoor noise standard is achieved. Additionally, the vibration levels at the project site from train pass-bys, consisting of 57.86 -6- ) VdB for northbound, and 62.54 VdB for southbound, are below the Federal Transit Administration's (FTA) and City of Carlsbad's General Plan threshold of 72 VdB for frequent vibrations events. i. Public Safety, Goal 6-G.1-The proposed project is not located in any Very High Fire Severity Zone, Flood Zones, or Earthquake Fault Zones. The proposed structural improvements would be required to meet all seismic design standards at time of building permit in accordance with the California Building Code. The Fire Department has reviewed and approved the proposed conceptual building design with fire sprinklers included throughout the building per the National Fire Protection Association (NFPA) standards. All buildings are located outside of the high pressure gas line easement. j. Public Safety, Goal 6-G.2-The proposed project is not located within a safety zone, airspace protection area or noise contour of the McClellan Palomar Airport Land Use Compatibility Plan. k. Public Safety, Goal 6-G.4-The proposed project would provide fire hydrants and supporting water infrastructure in accordance with Fire Department requirements; secondary emergency access is provided on site at proposed Beach Way; fire sprinklers are required and provided for all residential structures; and the dwelling units proposed by this project are all within a 5-minute emergency response time. I. Public Safety, Policy 6-P.6 -The project has been conditioned to develop and implement a program of "best management practices" for the elimination and reduction of pollutants which enter and/or are transported within storm drainage facilities. m. Public Safety, Policy 6-P.34 -The project is required to comply with all Building and Fire codes to ensure that fire protection standards are met by the proposed structures. n. Public Safety, Policy 6-P.39 -The project is required to construct or pay applicable fees for necessary improvements, public utilities, and facilities in accordance with Growth Management requirements; Fire Station No. 4 is located 1.4 miles away from the project site and is within emergency response timeframes; and the project will not effect the city's ability to implement its Emergency Operations Plan. o. Sustainability, Policy 9-P.1 -The project implements and is consistent with measures identified in the Climate Action Plan (CAP) through the provision of renewable energy generation (photovoltaic systems), energy conservation (Green Building Code), and by accommodating Zero-Emission vehicles and other greenhouse gas reduction measures and features. At building permit, the project will also be reviewed for compliance with the CAP ordinances. p. Housing, Goal 10-G.3 -Per CMC Chapter 21.85, a project is required to provide 15% of the total residential units as affordable for lower income households. The project is providing affordable housing onsite and is conditioned to enter into an Affordable Housing Agreement with the city to provide and deed restrict 13 dwelling units as affordable to lower-income households for 55 years, earning up to 60% of the area median income (AMI) (11 units), and 70% AMI (2 units). -7- ) q. Housing, Policy 10-G.2 -The proposed project will increase the diversity of housing in Carlsbad by adding 86 multiple-family apartment units to the city's housing inventory. In addition, the project will increase housing diversity by providing housing offered at a price affordable to low income households. The project is conditioned to enter into an Affordable Housing Agreement with the city to provide and deed restrict 13 dwelling units (15%} as affordable to lower-income households for 55 years, earning up to 60% of the area median income (AMI} (11 units), and 70% AMI (2 units). r. Housing, Policy 10-P.15 -The project is conditioned to enter into an Affordable Housing Agreement with the city to provide and deed restrict 13 dwelling units (15%} as affordable to lower-income households for 55 years, earning up to 60% of the area median income (AMI} (11 units), and 70% AMI (2 units). Additionally, of those 13 affordable units, twelve (12} units consist of 3-bedrooms or more (92%} whereas only 10% are required to be 3- bedroom units. s. Housing, Policy 10-P.19 -The city currently has a jobs/housing ratio where there are more jobs than housing. The project replaces a previously built 36,500-square-foot self-storage facility with 86 residential apartment units (73 market rate and 13 affordable). The project expands the city's affordable housing stock to assist in meeting its Regional Housing Needs Assessment and provides an adequate number of housing units to meet the needs of low income households. 12. The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat Management Plan, which is a comprehensive conservation plan and implementation program that will facilitate the preservation of biological diversity and provide for effective protection and conservation of wildlife and plant species while continuing to allow compatible development in accordance with Carlsbad's Growth Management Plan. Preservation of wildlife habitats and sensitive species is required by the Open Space and Conservation Element of the City's General Plan which provides for the realization of the social, economic, aesthetic and environmental benefits from the preservation of open space within an increasingly urban environment. Moreover, each new development will contribute to the need for additional regional infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee imposed on all new development within the City is essential to fund implementation of the City's Habitat Management Plan. Pursuant to the HMP, the project has been conditioned to pay habitat in-lieu fees in compliance with adopted regulatory practices for the removal of 2.02 acres of disturbed lands (Habitat Group F}. 13. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 22 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. -8- ) 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 22 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 14. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 15. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 22. 16. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted city standards. 17. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan- Palomar Airport (ALUCP), dated December 1, 2011, in that the project is not located within any noise contours, safety zone, or overflight notification areas. However, the project site is located within the Airport Influence Area (AIA} Review Area 2 and the Airport Airspace Protection Area. All properties located within the AIA Review Area 2 area may be subject to some of the annoyances or inconveniences associated with their proximity to airport operations. Airport elevation is 331 feet above mean sea level (AMSL}. The elevation at the project site is 50 feet AMSL. The Airport Airspace Protection Area enforces the requirements set for FAA notification by Part 77. The project does not meet any requirements for FAA notification; and therefore, no further action is needed. 18. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 19. The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15332 -In-fill Development Projects of the State CEQA Guidelines as an infill development project. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the State CEQA Guidelines do not apply to this project. 20. 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. -9- ) 21. That concurrently with this resolution, the Planning Commission is taking a number of actions in furtherance of the proposed project, as generally described by the May 3, 2023 Planning Commission Staff Report. No single component of the series of actions made in connection with the proposed project shall be effective unless and until it is approved by resolution and is procedurally effective in the manner provided by state law. Therefore, this resolution shall become effective and operative only if the companion resolution is approved; and effective and operative on the day immediately subsequent to the date that resolution becomes effective. Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a grading or building permit, or approval of the Final Map, whichever occurs first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the city's approval of this Site Development Plan and Coastal Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan 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 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 Site Development Plan 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 -10- ) waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the city's approval is not validated.0 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 (Project Site Plan or other), conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision-making body. The copy shall be subm itted 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 22 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 9. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 10. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the city that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 11. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 22, 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. This approval shall be null and void if the project site subject to this approval is not annexed to City of Carlsbad CFD No. 1 within 60 days of the approval. The City shall not issue any grading, building, or other permit, until the annexation is completed. The City Manager is authorized to extend the 60 days, for a period not to exceed 60 days, upon a showing of good cause. 13. Prior to issuance of grading permit(s), 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. -11- 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 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 Site Development Plan and Coastal Development Permit by Resolution No.7482 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. 16. This project has been found to result in impacts to wildlife habitat or other lands, such as disturbed lands (Group F Habitat), which provide some benefits to wildlife, as documented in the city's Habitat Management Plan and the environmental analysis for this project. Developer is aware that the city has adopted an In-lieu Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and animal species. The Developer is further aware that the city has determined that all projects will be required to pay the fee in order to be found consistent with the Habitat Management Plan and the Open Space and Conservation Element of the General Plan. Developer or Developer's successor(s) in interest shall pay the Habitat In-Lieu mitigation fee, consistent with the City's Habitat Management Plan (HMP) for the removal of 2.02 acres of disturbed lands (Group F Habitat) prior to recordation of a final map, or issuance of a grading permit or building permit, whichever occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not be consistent with the Habitat Management Plan and the General Plan and any and all approvals for this project shall become null and void. 17. Prior to the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the city to provide and deed restrict 13 dwelling units as affordable to lower-income households for 55 years, earning up to 60% of the area median income (AMI) (11 units), and 70%AMI (2 units), in accordance with the requirements and process set forth in Chapters 21.85 and 21.86 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted to the City Planner no later than 60 days prior to the request to final the map and shall be recorded prior to issuance of the first building permit. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. 18. Developer shall construct the project's required affordable units concurrent with the project's market rate units in accordance with the unit type distribution identified below and in accordance with CMC Section 21.85.lO0(C). Unit Type Bedroom/ Bathrooms Market Rate Quantity -12- Affordable Quantity Affordability Level ) ) Rowhomes (Buildings No. 1-6} Plan Rl -3/3 -15 3 60% Plan R2 4/3.5 9 2 60% Plan R3 4/3.5 1 0 0 Townhomes (Buildings No. 7-15} Plan Fl 3/3.5 12 2 60% Plan F2 4/3.5 15 3 60% Triplexes (Buildings No. 16-23} Plan Tl 2/2 7 1 60% Plan T2 3/2.5 7 1 70% Plan T3 4/3 7 1 70% Total: 73 13 11 units at 60% 2 units at 70% 19. Prior to issuance of grading and building permits, Developer shall list the following condition on all grading and building permit construction plans. Construction activities shall take place during the permitted time and day per Carlsbad Municipal Code Chapter 8.48. Developer shall ensure that construction activities for the proposed project are limited to the hours from 7:00 a.m. to 6:00 p.m. Monday through Friday, and 8:00 a.m. to 6:00 p.m. on Saturdays; no work shall be conducted on Sundays or on federal holidays. 20. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the City Planner and Building Official. 21. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of an Outdoor Storage Plan, and thereafter comply with the approved plan. 22. 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. 23. Developer shall submit a street name list consistent with the city's street name policy subject to the City Planner'sapproval. 24. Prior to issuance of a building permit for any building that has windows and doors of habitable rooms with both a direct line-of-sight and within 425 feet of the railroad tracks, the developer shall show on the building plans, with a qualified acoustician certifying that, all the construction requirements necessary to meet the required 45 dB(a) CNEL interior noise level as required in the project's noise study prepared by Helix Environmental Inc., dated October 5, 2022. 25. Prior to issuance of a grading permit, Developer shall show on the project grading and final landscape plans a noise control barrier a minimum of 7.5 feet above finished pad for the residences adjacent the rail with a clear view of the rail in a location consistent with the project's noise study prepared by Helix Environmental Inc., dated October 5, 2022. -13- ) ) 26. Prior to issuance of a grading permit or the commencement of any ground-disturbing activities, whichever occurs first, Developer shall provide written confirmation to the City Planner that a qualified paleontologist has been retained to draft and implement a paleontological monitoring program in accordance with the provisions of the City of Carlsbad Tribal, Cultural, and Paleontological Resources Guidelines (September 2017) and as further detailed in the Paleontological Resources Inventory {FPC Residential, Dudek, October 2022) as project design feature {PDF-GE0-1). 27. Prior to issuance of a grading permit or the commencement of any ground-disturbing activities, whichever occurs first, Developer shall: a. Retain the services of a qualified archaeologist who shall be on-site to monitor ground disturbing activities. In the event cultural resource material is encountered, the archaeologist is empowered to temporarily divert or halt grading to allow for coordination with the Luiseno Native American monitor and to determine the significance of the discovery. The archaeologist shall follow all standard procedures for cultural resource materials that are not Tribal Cultural Resources, in accordance with applicable laws and regulations including but not limited to the Carlsbad Tribal, Cultural and Paleontological Resources Guidelines {2017). b. Enter into a Pre-Excavation Agreement, otherwise known as a Tribal Cultural Resources Treatment and Tribal Monitoring Agreement, with the San Luis Rey Band of Mission Indians or other Luiseno Native American tribe that meets all standard requirements of the tribe for such Agreements, in accordance with applicable laws and regulations including but not limited to the Carlsbad Tribal, Cultural and Paleontological Resources Guidelines {2017). This agreement will address provision of a Luiseno Native American monitor and contain provisions to address the proper treatment of any Tribal Cultural Resources and/or Native American human remains inadvertently discovered during the course of the project. The agreement will outline the roles and powers of the Luiseno Native American monitor and the archaeologist. 28. Developer shall avoid affecting nesting bird species (raptors, listed bird species, and migratory birds) during construction activities, including clearing and grubbing, during the bird breeding season {February 15 to August 31). If the breeding season cannot be avoided, the following actions shall be taken: a. No more than three (3) days prior to any vegetation clearing or construction activities, a qualified biologist shall conduct a pre-construction survey throughout the site to identify nests or nesting behavior. Monitoring shall continue throughout the breeding season. If an active nest is observed, a protective buffer shall be fenced off, and no work shall be allowed within the buffer until the nest is no longer active (e.g., all nestlings have successfully fledged). A buffer width of at least 500 feet shall be required for raptors or listed species such as coastal California gnatcatcher or least Bell's vireo. Buffer width for other species shall be determined by a qualified biologist, in coordination with the city and Wildlife Agencies based on species biology and site conditions. -14- ) ) b. The USFWS shall be notified immediately of any federally listed species that are located during pre-construction surveys. c. A qualified biologist shall monitor construction activities during the breeding season. No activities that would result in noise levels exceeding 60 dBA hourly Leq within 500 feet of breeding habitat occupied by listed species. Ambient noise shall be excluded from the 60 dBA calculation. If excess noise-producing construction activities are not completed prior to the breeding season, and birds are nesting during the breeding season, noise barriers shall be erected to reduce noise impacts at the distance of the nests to below 60 dBA hourly Leq or the activities shall be suspended. The nest shall be monitored by the monitoring biologist, and the noise restrictions shall continue until the noise producing machinery work is completed. A note to this effect shall be placed on all construction, grading, and improvement plans. 29. Prior to issuance of grading and building permits, developer shall list the following on all construction, grading and improvement plans. Developer shall adhere to the following measures for all construction phases of the project: a. The project contractor shall, to the extent feasible, schedule construction activities to avoid the simultaneous operation of construction equipment so as to minimize noise levels resulting from operating several pieces of high noise level emitting equipment. b. All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers. Enforcement shall be accomplished by random field inspections by applicant personnel during construction activities, to the satisfaction of the City of Carlsbad. c. Construction noise reduction methods such as shutting off idling equipment, construction of a temporary noise barrier, locating stockpiling and/or construction equipment staging areas as far as practicable from adjacent residences or other noise-sensitive receptors, and use of electric air compressors and similar power tools, rather than diesel equipment, shall be used where feasible. d. During construction, stationary construction equipment shall be placed such that emitted noise is directed away from or shielded from sensitive receptors. e. Construction hours, allowable workdays, and the phone number of the job superintendent shall be clearly posted at all construction entrances to allow surrounding property owners to contact the job superintendent if necessary. In the event the City of Carlsbad receives a complaint, appropriate corrective actions shall be implemented, and a report of the action provided to the reporting party. f. To comply with SDAPCD Rule 55, Fugitive Dust Control, the active grading sites shall be watered at least two times daily. g. Prior to the start of construction activities and issuance of grading permits, the project applicant, or its designee, shall ensure that all 84 horsepower or greater diesel-powered equipment are powered with California Air Resources Board (CARB)-certified Tier 4 Interim -15- engines or better, except where the project applicant establishes to the satisfaction of the City of Carlsbad (City) that Tier 4 Interim equipment is not available. An exemption from this requirement may be granted by the City if (1) the City documents equipment with Tier 4 interim engines are not reasonably available, and (2) the required corresponding reductions in criteria air pollutant emissions can be achieved for the project from other combinations of construction equipment. Before an exemption may be granted, the construction contractor shall: confirm that the proposed replacement equipment has been evaluated using California Emissions Estimator Model (CalEEMod) or other industry standard emission estimation method and documentation provided to the City to confirm that necessary project-generated emissions reductions are achieved. Engineering: General 30. 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. 31. 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. 32. Developer shall prepare, submit, and process for City Engineer approval an administrative parcel map to consolidate parcels (APN 214-160-25, 214-160-28, 214-171-11). There shall be one Parcel Map recorded for this project. Developer shall pay the city standard map review plan check fees. 33. 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. 34. Developer shall submit to the City Engineer written approval from North County Transit District {NCTD) for the offsite grading, storm drain, and private sewer force main within the railroad right-of-way. 35. Developer shall submit to the City Engineer written approval from Southern California Gas Company for the grading and improvements within their easement. 36. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover, etc.) and irrigation along the parkway frontage with Ponto Drive and Ponto Road as shown on the Tentative Map/Site Plan. Fees/ Agreements 37. Developer sha II cause property owner to execute and submit to the City Engineer for recordation, the city's standard form Geologic Failure Hold Harmless Agreement. 38. Developer shall cause property owner to execute and submit to the City Engineer for recordation -16- ) the city's standard form Drainage Hold Harmless Agreement. 39. 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. 40. Developer shall cause property owner to apply for, execute, and submit, to the City Engineer for recordation, an Encroachment Agreement covering private tree wells located over proposed public right-of-way or easements as shown on the site plan. Developer shall pay processing fees per the city's latest fee schedule. Grading 41. 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. 42. This project requires off site grading. No grading for private improvements shall occur outside the project unless developer obtains, records, and submits a recorded copy, to the City Engineer, a temporary grading, construction or slope easement or agreement from the owners of the affected properties. If developer is unable to obtain the temporary grading or slope easement, or agreement, no grading permit will be issued. In that case developer must either apply for and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance and/or consistency determination from both the City Engineer and City Planner. 43. This project requires off site private improvements. No private improvements shall be constructed outside the project unless developer obtains, records, and submits a recorded copy, to the City Engineer, an easement for private improvements or agreement/license from the owners of the affected properties. If developer is unable to obtain the easement or agreement/license, no grading permit will be issued. In that case developer must either apply for and obtain an amendment of this approval or modify the plans so private improvements will not be constructed outside the project and apply for and obtain a finding of substantial conformance and/or consistency determination from both the City Engineer and City Planner. Storm Water Quality 44. 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. 45. Developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 -17- ) SWPPP}. The TIER 3 SWPPP shall comply with current requirements and provisions established by the San Diego Regional Water Quality Control Board and City of Carlsbad Rec:iuirements. The TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during construction of the project to the maximum extent practicable. Developer shall pay all applicable SW PPP plan review and inspection fees per the city's latest fee schedule. 46. This project is subject to 'Priority Development Project' requirements and Trash Capture requirements. Developer shall prepare and process a Storm Water Quality Management Plan (SWQMP}, subject to City Engineer approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP required by this condition shall be reviewed and approved by the City Engineer with final grading plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's latest fee schedule. 47. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control BMP and applicable hydromodification measures. Dedications/Improvements 48. Developer shall cause owner to dedicate to the city and/or other appropriate entities an easement for public street and public utility purposes as shown on the site plan. The offer shall be made by a certificate on the final map. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Streets that are already public are not required to be rededicated. Additional easements may be required at final design to the satisfaction of the City Engineer. 49. Developer shall cause owner to dedicate to the city and/or other appropriate entities an easement for water purposes as shown on the site plan. The offer shall be made by a certificate on the final map. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Additional easements may be required at final design to the satisfaction of the City Engineer. 50. Developer shall design the private streets, as shown on the site plan to the satisfaction of the City Engineer. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private streets. 51. 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-inch 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. 52. Prior to the issuance of a building permit, the developer shall submit detailed design drawings and studies for the construction of a private potable water and sewer system and private sewer lift station required to serve the project. Said drawings and studies shall be prepared and submitted to the satisfaction of the building official. 53 . Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a -18- ) ) right-of-way permit to the satisfaction of the City Engineer. 54. Developer shall prepare and process public improvement plans and, prior to City Engineer approval of said plans, shall execute a city standard Development Improvement Agreement to install and shall post security in · accordance with C.M.C. Section 20.16.070 for public improvements shown on the site plan . Said improvements shall be installed to city standards to the satisfaction of the City Engineer. These improvements include, but are not limited to: A. A.C. pavement, street lights, storm drain, tree wells, A.C. berm, curb, gutter and sidewalk for Ponto Road and Ponto Drive as shown on the site plan. B. Public water system as shown on the site plan. C. Install an ADA accessible pad, bench and trash can to the existing bus stop on northbound Carlsbad Blvd north of Ponto Road. These improvements shall be coordinated with NCTD and completed to the satisfaction of the Engineering Manager. D. Install an ADA accessible pad, bench and trash can for a bus stop on southbound Carlsbad Blvd. Construct an ADA-compliant path of travel along the west side of Carlsbad Blvd from the bus stop to the intersection of Ponto Road and Carlsbad Blvd. The improvements shall be coordinated with NCTD and completed to the satisfaction of the Engineering Manager. E. All bus stop furniture (i .e., bench, trash can, etc.) shall consist of the black or brown color type to the satisfaction of the Engineering Manager and City Planner. Additional public improvements required in other conditions of this resolution are hereby included in the above list by reference. 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 development improvement agreement or such other time as provided in said agreement. 55 . Developer shall design, and obtain approval from the City Engineer, the structural section for the access aisles with a traffic index of 5.0 in accordance with city standards due to truck access through the parking area and/or aisles with an ADT greater than 500. Prior to completion of grading, the final structural pavement design of the aisle ways shall be submitted together with required R-value soil test information subject to the review and approval of the City Engineer. 56. Developer is responsible to ensure all existing overhead utilities servicing the subject property are to be undergrounded as shown on the site plan and to the satisfaction of the City Engineer. No new or relocated utility poles that serve the project are allowed along the project frontage. 57 . 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 Site Plan and to the satisfaction of the City Engineer. These facilities shall be constructed within the property. -19- ) ) Non-Mapping Notes 58. Add the following notes to the final map as non-mapping data: A.· Developer has executed a city standard Development Improvement Agreement and has posted security in accordance with C.M.C. Section 20.16.070 to install public improvements shown on the Site Plan. These improvements include, but are not limited to: 1) A.C. pavement, street lights, storm drain, tree wells, A.C. berm, curb, gutter and sidewalk for Ponto Road and Ponto Drive as shown on the site plan. 2) Public water system as shown on the site plan. 3) Install an ADA accessible pad, bench and trash can to the existing bus stop on northbound Carlsbad Boulevard north of Ponto Road. These improvements shall be coordinated with NCTD and completed to the satisfaction of the Engineering Manager. 4) Install an ADA accessible pad, bench and trash can for a bus stop on southbound Carlsbad Boulevard. Construct an ADA-compliant path of travel along the west side of Carlsbad Boulevard from the bus stop to the intersection of Ponto Road and Carlsbad Boulevard. The improvements shall be coordinated with NCTD and completed to the satisfaction of the Engineering Manager. S) All bus stop furniture (i.e., bench, trash can, etc.) shall consist of the black or brown color type to the satisfaction of the Engineering Manager and City Planner. B. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. C. Geotechnical Caution: 1) The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this development 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 -20- Utilities ) ) design, construction or maintenance of the drainage system or other improvements identified in the city approved development plans. 59. Developer shall meet with the Fire Chief to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. 60. 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 Engineer or City Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. 61. The developer shall agree to design landscape and irrigation plans utilizing recycled water as a source and prepare and submit a colored recycled water use map to the Planning Department for processing and approval by the district engineer. 62. 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. 63. 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. 64. The developer shall design and agree to construct public water, sewer, and recycled water facilities substantially as shown on the site plan to the satisfaction of the district engineer and City Engineer. 65. The potable water service for this project shall be master-metered which shall be located within a water easement subject to approval by the district engineer. Developer shall install private sub- meters as necessary for all proposed units. Final meter design, backflow preventer, size, and manufacturer shall be provided to the satisfaction of the district engineer and shown on public improvement plans. 66. The developer shall submit a detailed sewer study, prepared by a registered engineer, that identifies the peak flows of the project, required pipe sizes, depth of flow in pipe, velocity in the main lines, and the capacity of the existing infrastructure. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the district engineer. 67. The developer shall submit a detailed potable water study, prepared by a registered engineer that identifies the peak demands of the project (including fire flow demands). The study shall identify velocity in the main lines, pressure zones, and the required pipe sizes. Said study shall be submitted concurrently with the improvement plans for the project and the study shall be prepared to the satisfaction of the district engineer. -21- ) Code Reminders 68 . 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 preempted by SB 330 or specifically provided herein. 69. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application, any change in the telecommunications provider, or any transfer in ownership of the site. 70. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 71. Any signs proposed for this development shall at a minimum be designed in conformance with the city's Sign Ordinance and shall require review and approval of the City Planner prior to installation of such signs. 72. 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. 73. 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 site plan are for planning purposes only. 74. Subdivider shall comply with Section 20.16.040(d) of the Carlsbad Municipal Code regarding the undergrounding of existing overhead utilities. 75. 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 -22- -23- 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 final 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 May 3, 2023, by the following vote, to wit: AVES: Hubinger, Kamenjarin, Lafferty, Meenes, Sabellico and Stine NAVES: ABSENT: ABSTAIN: Merz KEVIN SABELLICO, Vice Chairperson CARLSBAD PLANNING COMMISSION ATTEST: &vt~ ERIC LARDY City Planner -== -24-