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HomeMy WebLinkAbout2024-03-20; Planning Commission; ; Poulter Properties Multi-Unit Residential, demolish one of two single-family residences and rebuild it, convert both residences into detached condo unitsMeeting Date: March 20, 2024 Item 2 To: Planning Commission Staff Contact: Edward Valenzuela, Associate Planner; 442-339-2624, Edward.Valenzuela@carlsbadca.gov Subject: Poulter Properties Multi-Unit Residential, demolish one of two single-family residences and rebuild it, convert both residences into detached condo units. Location: 3900, 3900.5 Garfield St., Carlsbad CA 92008/APN 206-012-01-00/District 1 Case Numbers: PUD 2022-0004/SDP 2023-0030/CDP 2022-0049/MS 2022-0006 (DEV2021-0091) Applicant/Representative: Andrew Carlos, (760) 579-3996, info@andrewcarlosarchitect.com CEQA Determination: ☐Not a Project ☒ Exempt ☐ IS/ND or IS/MND ☐ EIR ☐Other: Permit Type(s): ☒SDP ☐ CUP ☒ CDP ☒ TM/TPM ☐ GPA ☐ REZ ☐ LCPA ☒Other: PUD CEQA Status: ☐The environmental assessment IS on the Agenda for discussion. ☒A CEQA determination was already issued. That decision is final and IS NOT on the Agenda Commission Action: ☒Decision ☐ Recommendation to City Council ☐ Informational (No Action) Recommended Actions That the Planning Commission ADOPT Planning Commission Resolution (Exhibit 1), APPROVING Planned Unit Development Permit (PUD) 2022-0004, Site Development Plan (SDP) 2023-0030, Coastal Development Permit (CDP) 2022-0049, and Tentative Parcel Map (MS) 2022-0006 based upon the findings and subject to the conditions contained therein. Existing Conditions & Project Description Existing Setting The subject site consists of a 0.14-acre lot, located at 3900 Garfield St. on the southeastern corner of Garfield Street and Tamarack Avenue. The corner lot contains an existing 1,226-square-foot, one-story, single-family residence, constructed in 1948, a 467- square-foot, one-story, one-family residence, constructed in 1950, and a 245-square-foot, detached, one-car garage. The parcel has a gentle downhill slope throughout the property with landscape largely consisting of varying shrubs and trees. The subject site is surrounded by a mixture of single-family, duplex, and multi-family residences Site Map March 20, 2024 Item #2 1 of 59 allowed by the existing Residential Density-Multiple (RD-M) zoning and consistent with the General Plan density. Table “A” below includes the General Plan designations, zoning and current land uses of the subject site and surrounding properties. Also refer to Exhibit 2 for a larger site map. TABLE A – SITE AND SURROUNDING LAND USE Location General Plan Designation Zoning Designation Current Land Use Site Residential, 15-23 dwelling units per acre (R-23) Residential Density-Multiple Zone (RD-M) Two Single-family Homes North Residential, 15-23 dwelling units per acre (R-23) Residential Density-Multiple Zone (RD-M) Duplex South Residential, 15-23 dwelling units per acre (R-23) Residential Density-Multiple Zone (RD-M) Single-family Residence East Residential, 15-23 dwelling units per acre (R-23) Residential Density-Multiple Zone (RD-M) Multi-family Apartments West Residential, 15-23 dwelling units per acre (R-23) Residential Density-Multiple Zone (RD-M) Single-family Residence General Plan Designation Zoning Designation Proposed Project The applicant proposes to demolish one of the two single-family residences and rebuild it and convert both residences into detached condo units. The modifications are as follows: • Proposed demolished and rebuilt residence. Demolish the existing 467-square-foot rear single-family residence and detached garage and construct a 3,000-square-foot three-story, single-family residence over two 2-car garages on the first floor. The new detached residential condominium will be constructed near the eastern portion of the property in place of the demolished residence and garage. The floor plan contains five bedrooms and four-and- one-half bathrooms including a balcony on the third floor containing a 200-square-foot private recreational space. A shared driveway from Tamarack Avenue will access two separate two-car garages March 20, 2024 Item #2 2 of 59 totaling 1,052-square-feet on the ground floor serving each condominium unit. The architectural design is characterized as a mid-century modern design. • Existing residence A one-story 1,226 single-family residence, located near the front of the parcel, facing Garfield Street will remain and become a detached condominium unit. The floor plan includes four bedrooms and two bathrooms. The existing unit will have a two-car garage beneath the other proposed dwelling unit. One visitor parking space for the condominium development is located in front of the residence off Garfield Street. The architectural design can best be characterized as a mid-century modern design. The proposed lot would be held in common interest divided between the two residential condominiums and common areas. The common areas include, but are not limited to, the driveway, visitor parking space, and landscaped areas. Grading for the proposed improvements and uses are very minor, consisting of 98 cubic yards of cut, 7 cubic yards of fill and 91 cubic yards of export. Project plans are attached to the staff report (Exhibit 8). The improvements and uses described above are hereinafter referred to as “Project.” Public Outreach & Comment Public notice of the proposed Project was mailed on June 6, 2023 to property owners within 600 feet of the subject property and all residents within 100 feet. One comment was received as a result of the public notice regarding a private view being blocked as a result of the proposed development. A Notice of Determination of Exemption was posted on the city’s website and an email was distributed to interested individuals on Dec. 14, 2023, no comments were received. Additionally, the Project is not subject to the enhanced stakeholder outreach in City Council Policy No. 84 (Development Project Public Involvement Policy). Response to Public Comment & Project Issues The City does not have a private view protection ordinance. The Project meets the applicable height regulations of a maximum of 30-feet with at least a 3:12 roof pitch and three stories of the Beach Area Overlay Zone. The project is in scale with the neighborhood which contains a two-story two-family building directly across the street on the northeastern corner of Garfield Street and Tamarack Avenue, a two-story multi-family building on the property directly to the east, and a three-story multi-family building two properties to the east along Tamarack Avenue. A two-story ADU above garage was recently approved next door on the property directly to the south along Garfield Street. Project Analysis General Plan Consistency The project site has a General Plan Land Use designation of R-23 Residential which allows for the development of single and multi-family residences at a density of 15-23 dwelling units per acre (du/ac) with a Growth Management Control Point (GMCP) of 19 du/ac. The City of Carlsbad General Plan includes several goals and policies that guide development and land use within the city. A discussion of how the project is consistent with the applicable General Plan policies is summarized in Exhibit 3. Municipal Code Consistency The City of Carlsbad Municipal Code, most notably Tile 21 Zoning Code, includes requirements and provisions that guide development and land use within the city, consistent with the General Plan. The project is required to comply with all applicable regulations and development standards of the Carlsbad Municipal Code (CMC) including Planned Development (CMC Chapter 21.45). Specific compliance with these relevant requirements is described in Exhibit 3. Local Coastal Program Consistency The project site is in the Coastal Zone and requires a Coastal Development Permit. The project complies with the Mello II Segment of the Local Coastal Program, including all goals and policies of the General Plan and all zoning code standards, as referenced above. March 20, 2024 Item #2 3 of 59 Inclusionary Housing Ordinance The project is not adding additional housing units, with two housing units currently existing and two units proposed. Therefore, the project is not subject to inclusionary housing requirements. Discretionary Actions & Findings The proposed Project requires approval of a Planned Unit Development Permit, a Site Development Plan, a Coastal Development Permit, and a Tentative Parcel Map, each of which is discussed below. Planned Development Permit (PUD 2022-0004) Approval of a Planned Development Permit (PUD) is necessary to show how the detached condominiums comply with established standards relative to architectural design, lot coverage, height, building setbacks, residential parking, and private recreational space. Staff finds that the required findings for this application can be met (Exhibits 3 and 4). Site Development Plan (SDP 2023-0030) Approval of a Site Development Permit (SDP) is required to ensure that that site layout, configuration, and site development standards comply with all relevant city standards. (CMC §21.06.030.) Staff finds that the required findings for this application can be met (Exhibit 3). Coastal Development Permit (CDP 2022-0049) Approval of a Coastal Development Permit (CDP) is required to ensure that the project complies with Mello II Segment of the Local Coastal Program (CMC Chapter 21.201) and the Costal Resource Protection Overlay Zone (CMC Chapter 21.203). Staff finds that the required findings for this application can be met (Exhibit 3). Tentative Parcel Map (MS 2022-0006) Approval of a Tentative Parcel Map is necessary for the proposed condominiums, which will help simplify ownership of the air-space condominiums, garages, and common areas. Based on a detailed analysis, staff finds that the required findings for this application can be met (Exhibit 3). Environmental Review In accordance with the California Environmental Quality Act (CEQA) and CEQA Guidelines, the City Planner has determined that the project qualified for an exemption pursuant to CEQA Guidelines section 15303– New Construction or Conversion of Small Structures. A notice of intended decision regarding the environmental determination was advertised on Dec. 14, 2023 and posted on the city’s website. No comment letter or appeal was received, and consistent with Chapter 21.54 (Procedures, Hearings, Notices, and Fees) of the Zoning Ordinance, the City Planner’s written decision is final. Refer to Exhibit 6 for additional support and justification. Conclusion Considering the information above and in the referenced attachments, staff has found that the proposed Project is consistent with all applicable policies of the General Plan and Local Coastal Program, provisions of the Municipal Code and Local Facility Management Zone. All required public improvement and utilities are available to serve the proposed development. In addition, there are no environmental issues associated with the Project. The Project is conditioned to ensure the proposed Project’s compatibility with the surrounding properties and that the public health, safety, and welfare of the community are maintained. The Project would be required to comply with all applicable California Building Standards Codes and engineering standards through the standard building permit and civil improvement plan checking process. Staff recommends the Planning Commission adopt the resolutions, recommending approval of the proposed Project described in this staff report. March 20, 2024 Item #2 4 of 59 Exhibits 1.Planning Commission Resolution 2.Location Map 3.Project Analysis 4.Table C and E of the Planned Development Regulations 5.Disclosure Form 6.Notice of CEQA Determination 7.List of Acronyms and Abbreviations 8.Reduced Exhibits 9.Exhibits “A” – “O” March 20, 2024 (on file in the Office of the City Clerk) March 20, 2024 Item #2 5 of 59 Exhibit 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT PERMIT, SITE DEVELOPMENT PLAN, COASTAL DEVELOPMENT PERMIT, AND TENTATIVE PARCEL MAP TO DEMOLISH ONE OF TWO SINGLE- FAMILY RESIDENCES AND REBUILD IT, CONVERT BOTH RESIDENCES INTO DETACHED CONDO UNITS ON A 0.14-ACRE SITE LOCATED 3900 GARFIELD ST., WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: POULTER PROPERTIES MULTI-UNIT RESIDENTIAL CASE NO.: PUD 2022-0004/SDP 2023-0030/ CDP 2022-0049/MS 2022-0006 (DEV2021-0091) WHEREAS, Andrew Carlos, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by 3900 G S Holdings, LLC, “Owner,” described as Lot 1 in Block “L” of Palisades, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 1747, filed in the Office of the County Recorder of San Diego County, February 5, 1923. (“the Property”); and WHEREAS, said verified application constitutes a request for a Planned Development Permit, Site Development Plan, Coastal Development Permit, and Tentative Parcel Map as shown on Exhibit(s) “A” – “O” dated March 20, 2024, on file in the Planning Division, PUD 2022-0004/SDP 2023- 0030/CDP 2022-0049/MS 2022-0006 (DEV2021-0091) – POULTER PROPERTIES MULTI-UNIT RESIDENTIAL, as provided by Chapter 21.06, 21.24, 21.45, 21.82, 21.203, and 20.24 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on March 20, 2024, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Planned Development Permit, Site Development Plan, Coastal Development Permit, and Tentative Parcel Map. PLANNING COMMISSION RESOLUTION NO. March 20, 2024 Item #2 6 of 59 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES PUD 2022-0004/SDP 2023-0030/CDP 2022-0049/MS 2022-0006 (DEV2021-0091) – POULTER PROPERTIES MULTI-UNIT RESIDENTIAL, based on the following findings and subject to the following conditions: Findings: Planned Development Permit (PUD2022-0004) 1. The proposed project is consistent with the general plan, and complies with all applicable provisions of this chapter, and all other applicable provisions of the Carlsbad Municipal Code, in that the project’s proposed density of 14.5 du/ac is consistent with the R-23 General Plan Land Use Designation. The project is consistent with all remaining development and design standards applicable to the property as contained in Chapters 21.24 (Residential Density-Multiple) Zone, 21.45 (Planned Developments), and 21.82 (Beach Area Overlay Zone) of the Carlsbad Municipal Code. 2. The proposed project will not be detrimental to existing uses, or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings, or traffic, in that the two-unit residential air-space condominium project is compatible with existing surrounding single-family, duplex, and multiple-family residential uses as permitted by the Residential Density-Multiple (RD-M) Zone and will not generate a significant number of trips from the site as a single-family dwelling is replacing an existing single-family dwelling. 3. The project will not adversely affect the public health, safety, or general welfare, in that the two- unit residential air-space condominium project has been designed to comply with all applicable development standards to ensure compatibility with surrounding single-, two- and multi-family residential uses. 4. The project’s design, including architecture, streets, and site layout a) contributes to the community’s overall aesthetic quality, b) includes the use of harmonious materials and colors, and the appropriate use of landscaping, and c) achieves continuity among all elements of the project, in that the two-unit, three-story residential air-space condominium project is architecturally harmonious with the surrounding environment in that it is designed with respect to the existing mid-century modern single-family dwelling unit. Primary building materials include stucco, natural wood vertical siding, and concrete masonry unit block. Other finishes on the proposed dwelling unit include a clear tempered glass balcony guard rail, bronze aluminum brakemetal fascia, black aluminum window frames, and a 3:12 pitch butterfly roof. Finishes on the existing dwelling unit include vinyl windows and wood facia both painted iron ore, and a torch down roof with granulated cap sheet. All elements (i.e. site layout, architecture, landscaping) create continuity in the overall project design. March 20, 2024 Item #2 7 of 59 Site Development Plan (SDP 2023-0030) 5. That the requested development or use is properly related to the site, surroundings and environmental settings, will not be detrimental to existing development or uses or to development or uses specifically permitted in the area in which the proposed development or use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the project consists of the demolition of an existing single-family residence and detached garage and the construction of a one-unit detached residential air-space condominium that along with the other existing single-family residence will be a two-unit condominium project on a 0.14-acre lot located at 3900 Garfield St.. The site is surrounded by a mix of existing single-family, duplex, and multiple-family residential developments. The proposed two-unit residential project at a density of 14.5 du/ac is consistent with the R-23 Residential (15-23 du/ac) General Plan Land Use designation according to CMC 21.53.230(e)(3) which allows unit yields to be rounded-down when the minimum density is used to calculate unit yields. The project is consistent with the various elements and objectives of the General Plan as discussed in the findings below and Section "A" of the Project Analysis. The proposed two-unit residential project will not be detrimental to existing uses or to uses specifically permitted in the area in which the use is located in that residential is a permitted use within the Residential Density- Multiple (RD-M) Zone and is compatible with the other residential uses surrounding the project site, including single-family, duplex, and multi-family residential. The two-unit residential air-space condominium project, comprising two detached single-family homes will not adversely impact the site, surroundings, or traffic circulation in that project will not generate a significant number of trips from the site as a single-family dwelling is replacing an existing single-family dwelling. The project complies with all minimum development standards of the Carlsbad Municipal Code, including but not limited to the RD-M Zone, Beach Area Overlay Zone, and the Planned Development Ordinance. Furthermore, the project is adequately parked on-site and does not result in any significant environmental impacts. 6. That the site for the intended development or use is adequate in size and shape to accommodate the use, in that as demonstrated in the project staff report, the two-unit residential air-space condominium project complies with all development standards (i.e. front, side and rear setbacks except for the existing nonconforming street side setback of the existing residence to remain, lot coverage, private open space, number of parking spaces, and height restrictions) of the Residential Density-Multiple (RD-M) Zone, the Beach Area Overlay Zone, and the Planned Development Ordinance. 7. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested development or use to existing or permitted future development or use in the neighborhood will be provided and maintained, in that as demonstrated in the project staff report, the two-unit residential air-space condominium project complies with all applicable development standards (i.e. setbacks, lot coverage, parking, and height restrictions) of the Residential Density-Multiple (RD-M) Zone, the Beach Area Overlay Zone (BAOZ), and the Planned Development Ordinance. Landscaping along Garfield Street and Tamarack Avenue will be provided consistent with the requirements of the city's Landscape Manual. In addition to the above, all proposed walls/fences on the property comply with the Zoning Code. March 20, 2024 Item #2 8 of 59 8. 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 two-unit residential air-space condominium project will take access off Tamarack Avenue, which is identified as a local street and designed to adequately handle any additional trips generated by the project. The proposed project will construct frontage improvements, including curb, gutter, and sidewalk, along the Garfield Street frontage, connecting to the pedestrian access provided by the southeastern corner of Garfield Street and Tamarack Avenue. The project will also reconstruct portions of the curb, gutter, and sidewalk along Tamarack Avenue due to the modification of the driveway. Coastal Development Permit (CDP 2022-0049) 9. That the proposed development is in conformance with the Mello II Segment of the Certified Local Coastal Program and all applicable policies in that the site is designated R-23 Residential (15-23 du/ac) for single-family, duplex, and multi-family residential development by the Mello II Segment of the LCP. The project proposes to demolish one of two single-family residences and a detached garage, rebuild the residence, and convert both units into detached air-space condominiums at a density of 14.5 du/acre on a 0.14-acre site. The proposed three-story unit will not obstruct views of the coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone. No agricultural uses currently exist on the site, nor are there any sensitive resources located on the property. In addition, the proposed two-unit residential condominium project is not located in an area of known geologic instability or flood hazards. Since the site does not have frontage along the coastline, no public opportunities for coastal shoreline access are available from the subject site. Furthermore, the residentially designated site is not suited for water-oriented recreation activities. 10. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the property is not located adjacent to the shoreline. Therefore, the two- 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. The project will not block any views from parks or any other public areas. 11. (Optional) The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the two-unit residential air-space condominium project will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants, and soil erosion. No 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. 12. The project is not between the sea and the first public road parallel to the sea and therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance). Minor Subdivision (MS 2022-0006) 13. 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 March 20, 2024 Item #2 9 of 59 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 two-unit residential air-space condominium project created through the minor subdivision satisfies all the minimum requirements of Title 20 and has been designed to comply with other applicable regulations including the Residential Density-Multiple (RD-M) Zone, the Beach Area Overlay Zone, the Planned Development Ordinance, Growth Management Ordinance, and the R-23 Residential General Plan Land Use designation. 14. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated R-23 Residential for residential development at a density of 15-23 dwelling units per acre. Surrounding properties are also designated R-23 Residential and are developed with duplex or multiple-family residential projects of a similar density or underdeveloped lots containing one single-family home. 15. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed in that all required development standards and design criteria required by the Residential Density- Multiple (RD-M) Zone, the Planned Development Ordinance, and the Beach Area Overlay Zone are incorporated into the two-unit residential air-space condominium project. 16. 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 two-unit residential air-space condominium project has been designed and conditioned so that there are no conflicts with established easements and no additional right-of-way is required. 17. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 18. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that the new residential unit is designed to include a balcony and operable windows oriented to maximize exposure of the unit to natural light and ventilation from nearby coastal breezes. 19. 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. 20. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish and wildlife or their habitat, in that the two-unit residential air-space condominium project site has been previously developed and is surrounded by existing development. 21. 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 two-unit residential air-space condominium project will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants, and soil erosion. March 20, 2024 Item #2 10 of 59 General 22. 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 March 20, 2024 including, but not limited to the following: a. Land Use & Community Design – The two-unit residential air-space condominium project is consistent with the elements and objectives of the General Plan as discussed in Section “A” of the Project Analysis. The project’s density of 14.5 dwelling units per acre is consistent with the R-23 Residential (15-23 du/ac) General Plan Land Use designation according to CMC 21.53.230(e)(3) which allows unit yields to be rounded-down when the minimum density is used to calculate unit yields. b. Mobility – The proposed project has been designed to meet all circulation requirements, including vehicular access to and from Tamarack Avenue. In addition, the applicant will be required to pay any applicable traffic impact fees, prior to issuance of a building permit, that will go toward future road improvements. The proposed project will construct frontage improvements along Garfield Street, including a curb, gutter, and sidewalk along the Garfield Street frontage connecting to the pedestrian access provided by the southeastern corner of Garfield Street and Tamarack Avenue. The project will also reconstruct portions of the curb, gutter and sidewalk along Tamarack Avenue due to the modification of the driveway. c. Housing – The project is not adding additional housing units, with two housing units currently existing and two units proposed. Therefore, the project is not subject to inclusionary housing requirements. d. Public Safety – The proposed structural improvements will be required to be designed in conformance with all seismic design standards. In addition, the proposed project is consistent with all the applicable fire safety requirements including fire sprinklers. 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. 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. March 20, 2024 Item #2 11 of 59 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 City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15303 – New Construction of Conversion of Small Structures, of the state California Environmental Quality Act (CEQA) Guidelines. 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 Parcel Map, whichever comes first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the city’s approval of this Planned Development Permit, Site Development Plan, Coastal Development Permit, and Minor Subdivision. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Planned Development Permit, Site Development Plan, Coastal Development Permit, and Minor Subdivision, documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such March 20, 2024 Item #2 12 of 59 condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the city arising, directly or indirectly, from (a) city’s approval and issuance of this Planned Development Permit, Site Development Plan, Coastal Development Permit, and Minor Subdivision (b) city’s approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the city’s approval is not validated. 6. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Tentative Parcel Map/Site Plan, conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision-making body. The copy shall be submitted to the City Planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 9. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 10. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 11. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17 and the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. March 20, 2024 Item #2 13 of 59 12. Prior to the issuance of the grading permit or final parcel map approval, whichever comes first, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Planned Development Permit, Site Development Plan, Coastal Development Permit, and Minor Subdivision, by Resolution(s) No. on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 13. Developer shall make a separate formal landscape construction drawing plan check submittal to the Planning Division and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the city’s Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. 14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape 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 Certificate of Occupancy. Prior to issuance of a building permit, the Developer shall provide the Planning Division with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the City Planner. A “hold” will be placed on the building permit (i.e. Certificate of Occupancy) to ensure that said CC&R’s are received prior to issuance of Certificate of Occupancy. At a minimum, the CC&Rs shall contain the following provisions: a. General Enforcement by the City: The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. b. Notice and Amendment: A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. 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 March 20, 2024 Item #2 14 of 59 from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association’s Easements within the period specified by the city’s notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. d. Special Assessments Levied by the City: In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association’s Easements, the city shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association’s Easements. The city shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the city will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the city, the city may levy a special assessment against the Owners of each Lot in the Project for an equal pro rata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the city with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. e. Landscape Maintenance Responsibilities: The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit ____________. f. Balconies, trellis, and decks: The individual lot or unit owner allowances and prohibitions regarding balconies, trellis, and decks shall be as set forth in Exhibit __________. 16. 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 March 20, 2024 Item #2 15 of 59 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. Engineering: Engineering Conditions NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed subdivision, must be met prior to approval of a Final Map, building or grading permit whichever occurs first. General 21. 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. 22. 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. 23. 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. 24. 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. 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 (STREETS, UTILITIES, STREET TREES, SIDEWALKS, LANDSCAPING, STREET LIGHTING, March 20, 2024 Item #2 16 of 59 RAISED MEDIANS, ENHANCED PAVING, WATER QUALITY TREATMENT MEASURES, LOW IMPACT DEVELOPMENT FEATURES, STORM DRAIN FACILITIES, etc.) located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. The CCR’s shall include a requirement to provide an annual verification of the effective operation and maintenance of each structural treatment control BMP in accordance with the BMP maintenance agreement and the Trash Capture Storm Water Quality Management Plan (TCSWQMP). The annual verification shall be submitted to the enforcement official in a format as approved by the city prior to the start of the rainy season. 26. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover, etc.) and irrigation along the parkway frontage with Garfield Street and Tamarack Avenue as shown on the Tentative Map/Site Plan. Fees/Agreements 27. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city’s standard form Geologic Failure Hold Harmless Agreement. 28. Developer shall cause property owner to execute and submit to the city engineer for recordation the city’s standard form Drainage Hold Harmless Agreement. 29. 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 streetlights, as needed, along the subdivision frontage, should a future district be formed. Grading 30. 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. 31. Prior to issuance of the grading permit, the contractor 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, 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. Storm Water Quality March 20, 2024 Item #2 17 of 59 32. 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. 33. 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. 34. 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. 35. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form. Developer is responsible to ensure that all final design plans, grading plans, and building plans incorporate applicable best management practices (BMPs). These BMPs include site design, source control and Low Impact Design (LID) measures including, but not limited to, minimizing the use of impervious area (paving), routing run- off from impervious area to pervious/landscape areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or signage all to the satisfaction of the city engineer. Dedications/Improvements 36. Developer shall cause owner to dedicate to the city and/or other appropriate entities for pedestrian access and street right-of-way purposes as shown on the Tentative Map. The offer shall be made 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. 37. 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. March 20, 2024 Item #2 18 of 59 38. 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, gutter, and sidewalk along Garfield Street B. Curb, gutter, and sidewalk along Tamarack Avenue. Sidewalk shall be minimum of 5-feet wide along Tamarack Avenue. C. Driveway approach on Garfield Street D. Driveway approach on Tamarack Avenue E. Water lateral and meter F. Grind and overlay of bicycle lane adjacent to driveway approach on Tamarack Avenue. 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 subdivision or development improvement agreement or such other time as provided in said agreement. 39. Developer is responsible to ensure all existing overhead utilities servicing the subject property are to be undergrounded as shown on the [Tentative Map/Site Plan] and to the satisfaction of the city engineer. No new or relocated utility poles are allowed. 40. 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 41. 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, gutter, and sidewalk along Garfield Street 2) Curb, gutter, and sidewalk along Tamarack Avenue. Sidewalk shall be minimum of 5-feet wide along Tamarack Avenue. March 20, 2024 Item #2 19 of 59 3) Driveway approach on Garfield Street 4) Driveway approach on Tamarack Avenue 5) Water lateral and meter D. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. E. Geotechnical Caution: The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. F. 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. G. 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. H. There are no public park or recreational facilities to be located in whole or in part within this subdivision. The subdivider is therefore obligated to pay park-in-lieu fees in accordance with section 20.44.050 of the Carlsbad Municipal Code and has either paid all of said park in-lieu fees or agreed to pay all of said park-in-lieu fees in accordance with section 20.16.070 of the Carlsbad Municipal Code. Utilities 42. 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. 43. 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. March 20, 2024 Item #2 20 of 59 44. 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. The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 45. 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. 46. 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. 47. Subdivider shall comply with Section 20.16.040(d) of the Carlsbad Municipal Code regarding the undergrounding of existing overhead utilities. Code Reminders 48. This tentative parcel map shall expire two years from the date on which the Planning Commission voted to approve this application. 49. 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. 50. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the tentative parcel map are for planning purposes only. 51. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 52. 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. 53. Developer shall pay a landscape inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 54. 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. March 20, 2024 Item #2 21 of 59 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. 55. 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. 56. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 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. March 20, 2024 Item #2 22 of 59 TAMA R A C K A V G A R F I E L D S T REDW O O D A V SEQU O I A A V E L C AMINO R E A L LA COSTA AV A L G A R D C A R L S B A D B L PUD 2022-0004/SDP 2023-0030/CDP 2022-0049/MS 2022-0006 (DEV2021-0091) POULTER PROPERTIES MULTI-UNIT RESIDENTIAL SITE MAP J SITE Map generated on: 2/13/2024 Exhibit 2 March 20, 2024 Item #2 24 of 59 PROJECT ANALYSIS EXHIBIT 3 (GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS) PROJECT ANALYSIS The project is subject to the following regulations: A. General Plan R-23 Land Use Designation B. RD-M Zone, Planned Development Regulations and Beach Area Overlay Zone (BAOZ) (CMC Chapter 21.24, 21.45, 21.82) C. Local Coastal Program (Mello II Segment) D. Subdivision Ordinance E. Inclusionary Housing Ordinance (CMC Chapter 21.85) F. Growth Management Ordinance (CMC Chapter 21.90) and Local Facilities Management Plan Zone 1 G. California Environmental Quality Act Exemption (Environmental Statement) H. Short-term Vacation Rentals The recommendation for approval of this project was developed by analyzing the project’s consistency with the applicable regulations and policies. The project’s compliance with each of the above regulations is discussed in detail within the sections below. A. General Plan R-23 Residential Land Use Designation The General Plan Land Use designation for the property is R-23 Residential, which allows for multiple- family residential development at a density range of 15-23 dwelling units per acre (du/ac). The two dwelling unit project results in a project density of 14.5 du/ac. The project site has a net developable acreage of 0.14 acres, which results in a 2.1 to 3.2 dwelling unit yield for the property. According to Carlsbad Municipal Code (CMC) Section 21.53.230(e)(3), when using the minimum density for a density yield calculation, if the unit yield results in a fractional unit below 0.5, the unit yield may be rounded-down. Unit yields rounded-down pursuant to this provision that result in a density below the minimum density of the applicable land use designation shall be considered consistent with the general plan according to CMC 21.53.230, Note 2. Therefore, the two-unit residential development, with a density of 14.5 du/ac, complies with the R-23 General Plan Land Use designation for density. Table “A” below identifies the permissible density range for properties within R-23, as well as the allowable density range based on the size of the project site and the proposed density and units. The project also complies with the other Elements of the General Plan as outlined in Table “A” below: TABLE A – GENERAL PLAN COMPLIANCE ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE, OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Land Use & Community Design Goal 2-P.7 – Do not permit residential development below the minimum of the density range except in certain circumstances. The two-unit residential project density of 14.5 du/ac is considered consistent with the General Plan per Note 2 of CMC 21.53.230 which states that unit yields resulting in a fractional unit below 0.5, may be rounded-down when using the Yes March 20, 2024 Item #2 25 of 59 PROJECT ANALYSIS (GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS) ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE, OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY minimum density for the unit yield calculation. Mobility Policy 3-P.5 – Require developers to construct or pay their fair share toward improvements for all travel modes consistent with the Mobility Element, the Growth Management Plan, and specific impacts associated with their development. The proposed project has been designed to meet all circulation requirements, including vehicular access to and from Tamarack Avenue. In addition, the applicant will be required to pay any applicable traffic impact fees, prior to issuance of a building permit, that will go toward future road improvements. The proposed project includes the construction of a curb, gutter and sidewalk along the Garfield Street frontage connecting to the pedestrian access provided by the southeastern corner of Garfield Street and Tamarack Avenue. The project will also reconstruct portions of the curb, gutter, and sidewalk along Tamarack Avenue due to the modification of the driveway. Yes Public Safety Goal 6-G.1 – Minimize injury, loss of life, and damage to property resulting from fire, flood, hazardous material release, or seismic disasters. Policy 6-P.6 – Enforce the requirements of Titles 18, 20, and 21 pertaining to drainage and flood control when reviewing applications for building permits and subdivisions. Policy 6-P.34 – Enforce the Uniform Building and Fire codes, adopted by the city, to provide fire protection standards for all existing and proposed structures. The proposed structural improvements will be required to be designed in conformance with all seismic design standards. In addition, the proposed project is consistent with all the applicable fire safety requirements including fire sprinklers. Furthermore, the project has been conditioned to develop and implement a program of “best management practices” for the elimination and reduction of pollutants which enter into and/or are transported within storm drainage facilities. Furthermore, the proposed project is not located in an area of known Yes March 20, 2024 Item #2 26 of 59 PROJECT ANALYSIS (GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS) ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE, OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Policy 6-P.39 – Ensure all new development complies with all applicable regulations regarding the provision of public utilities and facilities. 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. Sustainability Policy 9-P.1 – Enforce the Climate Action Plan (CAP) as the city’s strategy to reduce greenhouse gas emissions. The new dwelling unit will employ a photovoltaic system, heat pump water heater, and one electric vehicle service equipment (EVSE) ready parking space in accordance with the CAP. Yes B. Residential Density–Multiple (RD-M) Zone (Chapter 21.24), Planned Development Regulations (Chapter 21.45), and Beach Area Overlay Zone (BAOZ) (Chapter 21.82) The proposed project is required to comply with all applicable land use and development standards of the Carlsbad Municipal Code (CMC) including the Residential Density-Multiple (RD-M) Zone (CMC Chapter 21.24), Planned Developments (CMC Chapter 21.45), and the Beach Area Overlay Zone (BAOZ) (CMC Chapter 21.82). The two-unit residential air-space condominium project meets or exceeds the requirements of the RD-M Zone and the BAOZ as outlined in Table “B” below. With exception to the standards listed in Table B below, the Planned Development regulations provide the majority of the development standards. The project complies with all applicable development standards for Planned Developments (CMC Chapter 21.45). Please refer to Attachment No. 4 for an analysis of the project’s compliance with Tables C and E of the Planned Development regulations. TABLE B – BAOZ AND RD-M COMPLIANCE BAOZ Standards Required Proposed Comply? Building Height 30 feet with a minimum 3:12 roof pitch provided or 24 feet if less than a 3:12 roof pitch is provided Roof Ridge = 30’ w/ 3:12 roof pitch Yes RD-M Standards Required Proposed Comply? Setbacks Front (Garfield Street): 20’ Street Side (Tamarack Avenue): 10’ for house, 20’ for garage Interior Side: 10% Lot Width – 5’ Rear: 10’ Front: 20’ Street Side: 10’ (house), 20’ (garage) Interior Side: 5’ Rear: 10’ The existing residence that will remain has a nonconforming street side setback of 4.82’ along Tamarack. A nonconforming construction permit is not Yes March 20, 2024 Item #2 27 of 59 PROJECT ANALYSIS (GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS) C. Local Coastal Program (Mello II Segment) 1. Mello II Segment of the Certified Local Coastal Program and all applicable policies The proposed site is in the Mello II Segment of the Local Coastal Program (LCP) and is within the appealable jurisdiction of the California Coastal Commission. The project site has an LCP Land Use designation of R-23 and Zoning of RD-M, which are consistent with the city’s General Plan and Zoning. The project density of 14.5 du/acre is consistent with the R-23 Residential General Plan Land Use designation discussed in Section “A.” The project consists of the demolition of an existing one-family residence and detached garage and the construction of a new one-family residence to create a two-unit detached air-space condominium project with an existing one-family residence that will remain on site. The proposed project is compatible with the surrounding development of one-family, duplex, and multi-family residential structures. The new three-story structure 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 previously developed 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. 2. Coastal Resource Protection Overlay Zone The development is subject to the Coastal Resource Protection Overlay Zone (CMC Chapter 21.203). The Coastal Resource Protection Overlay Zone identifies areas of protection: a) preservation of steep slopes and vegetation; b) drainage, erosion, sedimentation, habitat; c) seismic hazards, landslides, and slope instability; and d) floodplain development. The project’s compliance with each of these areas of concern is discussed below: a. Preservation of Steep Slopes and Vegetation. Slopes greater than 25% and possessing endangered plant/animal species and/or coastal sage scrub and chaparral plant communities are considered “dual criteria” slopes and are protected in the Coastal Zone. The project does not support any “dual criteria” slopes. b. Drainage, Erosion, Sedimentation, Habitat. 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 run-off, pollutants, and soil erosion. c. Seismic Hazards, Landslides and Slope Instability. The site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. required as the existing residence to remain is not being expanded. Lot Coverage 60% 50% Yes March 20, 2024 Item #2 28 of 59 PROJECT ANALYSIS (GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS) d. Flood Plain Development. No structures or fill are being proposed within a one-hundred-year floodplain area as identified by the FEMA Flood Map Service Center. D. Subdivision Ordinance The Land Development Engineering Division has reviewed the proposed Minor Subdivision and has found that the subdivision complies with all applicable requirements of the Subdivision Map Act and the city’s Subdivision Ordinance (Title 20) for Minor Subdivisions. The subdivision is considered minor because it involves the division of land into four or fewer condominiums (two air-space condominiums proposed). The project has been conditioned to install all infrastructure-related improvements and the necessary easements for these improvements concurrent with the development. E. Inclusionary Housing Ordinance For all residential development less than seven units, the inclusionary housing requirement may be satisfied through the payment of an inclusionary housing in-lieu fee. However, pursuant to Carlsbad Municipal Code Section 21.85.030(D)(3), the construction of a new residential structure which replaces a residential structure that was destroyed or demolished within two years prior to the application for a building permit for the new residential structure is exempt from affordable housing requirements. The demolition of a one-family residential unit and construction of a new one-family unit is not subject to the inclusionary housing requirement. F. Growth Management The proposed project is located within Local Facilities Management Zone 1 in the northwest quadrant of the city. There will be no impact to public facilities because there will be no net increase in the number of dwelling units on site which will remain at two. G. Environmental Review (California Environmental Quality Act) The California Environmental Quality Act (“CEQA”), and its implementing regulations (“CEQA Guidelines”) adopted by the Secretary of the California Natural Resources Agency, list classes of projects that have been determined not to have a significant effect on the environment and as a result are exempt from further environmental review under CEQA. City staff completed a review of the project and potential environmental impacts associated with the project pursuant to CEQA and concluded that the project qualified for an exemption pursuant to CEQA Guidelines section 15303 – New Construction Or Conversion Of Small Structures. CEQA Guidelines Section 15303 is a Class 3 exemption. Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. A notice of intended decision regarding the environmental determination was advertised on December 14, 2023 and posted on the city’s website. The notice included a general description of the project, the proposed environmental findings, and a general explanation of the matter to be considered. The findings and determination contained in that notice was declared as final on the date of the noticed decision, unless appealed as provided by the procedures commencing in Chapter 21.54 (Procedures, Hearings, Notices, and Fees) of the Zoning Ordinance. March 20, 2024 Item #2 29 of 59 PROJECT ANALYSIS (GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS) During the 10-day public review period, the city received no comment letters from the public regarding the prospective environmental determination. Since no appeal was filed and no substantial evidence was submitted that would support a finding that the exemption requirements would not be satisfied, the project was determined by the city planner to not have a significant effect on the environment. The CEQA Determination letter is attached to this staff report as Exhibit 6 and demonstrates that the project is categorically exempt from further environmental review. The city planner’s written decision is final and the CEQA determination is not within the Planning Commission’s purview. With the appropriate environmental clearances in place, all the city’s procedural requirements and relevant aspects of CEQA have been satisfied. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines and Chapter 19.04 of the Municipal Code do not apply to this project. H. Short-term Vacation Rentals Both exis�ng residences have been used at Short-term Vaca�on Rentals (STVRs) since 2016. STVRs are governed by Title 5 of the Carlsbad Municipal Code (CMC). “Short-term vaca�on rental” is defined as the rental of any legally permited dwelling unit as that term is defined in CMC Sec�on 21.04.120, or any por�on of any legally permited dwelling unit for occupancy for dwelling, lodging or sleeping purposes for a period of less than 30 consecu�ve calendar days. STVRs are permited only in the Coastal Zone as defined by the California Coastal Commission and in the La Costa Resort and Spa Master Plan area. The subject property is located in the Appeals Jurisdic�on of the Coastal Zone. March 20, 2024 Item #2 30 of 59 Exhibit 4 PLANNED DEVELOPMENTS (CMC SECTION 21.45.060) TABLE C: GENERAL DEVELOPMENT STANDARDS APPLICABLE TO ALL PLANNED DEVELOPMENTS REF. NO. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT C.1 Density Per the underlying General Plan designation. When two or more general plan land use designations exist within a planned development, the density may be transferred from one general plan designation to another with a general plan amendment. N/A C.2 Arterial Setbacks All dwelling units adjacent to any arterial road shown on the Circulation Element of the General Plan shall maintain the following minimum setbacks from the right-of-way: Prime Arterial 50 Feet Major Arterial 40 Feet Secondary Arterial 30 Feet Carlsbad Boulevard 20 Feet N/A Half (50%) of the required arterial setback area located closest to the arterial shall be fully landscaped to enhance the street scene and buffer homes from traffic on adjacent arterials, and: • Shall contain a minimum of one 24” box tree for every 30 lineal feet of street frontage; and • Shall be commonly owned and maintained N/A Project perimeter walls greater than 42 inches in height shall not be located in the required landscaped portion of the arterial setback, except noise attenuation walls that: • Are required by a noise study, and • Due to topography, are necessary to be placed within the required landscaped portion of the arterial setback. N/A C.3 Permitted Intrusions into Setbacks/ Building Separation Permitted intrusions into required building setbacks shall be the same as specified in Section 21.46.120 of this code. The same intrusions specified in Section 21.46.120 shall be permitted into required building separation. Roof eave and balcony intrusions into required yards do not exceed the 2 feet as permitted pursuant to CMC Section 21.46.120. Project complies C.4 Streets Private Minimum right-of-way width 56 feet N/A Minimum curb-to-curb width 34 feet Minimum parkway width (curb adjacent) 5.5 feet, including curb Minimum sidewalk width 5 feet (setback 6 inches from property line) Public Minimum right-of-way width 60 feet N/A Minimum curb-to-curb width 34 feet Minimum parkway width (curb adjacent) 7.5 feet, including curb Minimum sidewalk width 5 feet (setback 6 inches from property line) Street Trees within parkways One-family dwellings and twin homes on small-lots A minimum of one street tree (24-inch box) per lot is required to be planted in the parkway along all streets. N/A March 20, 2024 Item #2 31 of 59 Condominium projects Street trees shall be spaced no further apart than 30 feet on center within the parkway. All City street trees are existing and will be protected in place. Tree species should be selected to create a unified image for the street, provide an effective canopy, avoid sidewalk damage and minimize water consumption. All City street trees are existing and will be protected in place. C.5 Drive-aisles 3 or fewer dwelling units Minimum 12 feet wide when the drive-aisle is not required for emergency vehicle access, as determined by the Fire Chief. N/A. A minimum 30-foot-wide driveway is proposed to access the parking garages. If the drive-aisle is required for emergency vehicle access, it shall be a minimum of 20 feet wide. 4 or more dwelling units Minimum 20 feet wide. N/A All projects No parking shall be permitted within the minimum required width of a drive-aisle. N/A. Private drive aisle is not proposed. A two-car garage is provided for each unit, both garages are setback from the street a minimum of 20 feet A minimum 24-foot vehicle back-up/maneuvering area shall be provided in front of garages, carports or uncovered parking spaces (this may include driveway area, drive-aisles, and streets). N/A. Private drive aisle is not proposed. Additional width may be required for vehicle/emergency vehicle maneuvering area. Fire Prevention has reviewed and approved of the proposed design. Parkways and/or sidewalks may be required. N/A No more than 24 dwelling units shall be located along a single- entry drive-aisle. N/A All drive-aisles shall be enhanced with decorative pavement. N/A C.6 Number of Visitor Parking Spaces Required (1) Projects with 10 units or fewer A .30 space per each unit. Project proposes two units. At 0.3 spaces per unit, the two-unit project requires 0.6 spaces, or one visitor space based on rounding up to the nearest whole number. The project provides one parking space on-site. Projects 11 units or more A .25 space per each unit. When calculating the required number of visitor parking spaces, if the calculation results in a fractional parking space, the required number of visitor parking spaces shall always be rounded up to the nearest whole number. C.7 Location of Visitor Parking On Private/ Public Streets On-street visitor parking is permitted on private/public streets, subject to the following: • The private/public street is a minimum 34-feet wide (curb- to-curb) • There are no restrictions that would prohibit on-street parking where the visitor parking is proposed • The visitor parking spaces may be located: o Along one or both sides of any private/public street(s) located within the project boundary, and o Along the abutting side and portion of any existing public/private street(s) that is contiguous to the project boundary No required visitor parking is provided on the street since it is not permitted pursuant to the Beach Area Overlay Zone (BAOZ). The BAOZ has the same visitor parking requirements as the Planned Development Ordinance, 0.3 spaces per each unit for projects with 10 dwelling units or less, or one visitor space based on rounding up to the nearest whole number. The project provides one parking space on-site. In parking bays along public/private streets within the project boundary, provided the parking bays are outside the minimum required street right-of-way width. N/A March 20, 2024 Item #2 32 of 59 When visitor parking is provided as on-street parallel parking, not less than 24 lineal feet per space, exclusive of driveway/drive-aisle entrances and aprons, shall be provided for each parking space, except where parallel parking spaces are located immediately adjacent to driveway/drive-aisle aprons, then 20 lineal feet may be provided. N/A Within the Beach Area Overlay Zone, on-street parking shall not count toward meeting the visitor parking requirement. No on-street visitor parking is proposed. On Drive- aisles Visitor parking must be provided in parking bays that are located outside the required minimum drive-aisle width. No drive-aisles are proposed under this project. On a Driveway Outside the Beach Area Overlay Zone One required visitor parking space may be credited for each driveway in a project that has a depth of 40 feet or more. N/A For projects with 10 or fewer units, all required visitor parking may be located within driveways (located in front of a unit’s garage), provided that all dwelling units in the project have driveways with a depth of 20 feet or more. N/A Within the Beach Area Overlay Zone One required visitor parking space may be credited for each driveway in a project that has a depth of 40 feet or more. N/A If the streets within and/or adjacent to the project allow for on-street parking on both sides of the street, then visitor parking may be located in a driveway, subject to the following: • All required visitor parking may be located within driveways (located in front of a unit’s garage), provided that all dwelling units in the project have driveways with a depth of 20 feet or more. • If less than 100% of the driveways in a project have a depth of 20 feet or more, then a .25 visitor parking space will be credited for each driveway in a project that has a depth of 20 feet or more (calculations resulting in a fractional parking space credit shall always be rounded down to the nearest whole number). Garfield Street allows for parking on both sides of the street. Although, the garage has been converted to a bedroom and bath, the driveway remains and has a depth of 20 feet. Therefore, the requirement for one visitor parking stall for the two-unit project can be satisfied onsite. All projects The minimum driveway depth required for visitor parking (20 feet or 40 feet) applies to driveways for front or side-loaded garages, and is measured from the property line, back of sidewalk, or from the edge of the drive-aisle, whichever is closest to the structure. See above. Compact Parking For projects of more than 25 units, up to 25% of visitor parking may be provided as compact spaces (8 feet by 15 feet). No overhang is permitted into any required setback area or over sidewalks less than 6 feet wide. N/A For all projects within the Beach Area Overlay Zone, up to 55% of the visitor parking may be provided as compact spaces (8 feet by 15 feet). N/A March 20, 2024 Item #2 33 of 59 Distance from unit Visitor parking spaces must be located no more than 300 feet as measured in a logical walking path from the entrance of the unit it could be considered to serve. The visitor parking stall is located in the driveway in front of the unit and is therefore less than 300 feet from the unit. C.8 Screening of Parking Areas Open parking areas should be screened from adjacent residences and public rights-of-way by either a view-obscuring wall, landscaped berm, or landscaping, except parking located within a driveway. N/A. The required visitor parking space is located in the driveway in front of the unit. C.9 Community Recreational Space (1) Community recreational space shall be provided for all projects of 11 or more dwelling units, as follows: N/A (project has less than 11 dwelling units) Minimum community recreational space required Project is NOT within R-23 general plan designation 200 square feet per unit Project IS within R-23 general plan designation 150 square feet per unit Projects with 11 to 25 dwelling units Community recreational space shall be provided as either (or both) passive or active recreation facilities. N/A Projects with 26 or more dwelling units Community recreational space shall be provided as both passive and active recreational facilities with a minimum of 75% of the area allocated for active facilities. N/A Projects with 50 or more dwelling units Community recreational space shall be provided as both passive and active recreational facilities for a variety of age groups (a minimum of 75% of the area allocated for active facilities). N/A For projects consisting of one-family dwellings or twin homes on small-lots, at least 25% of the community recreation space must be provided as pocket parks. • Pocket park lots must have a minimum width of 50 feet and be located at strategic locations such as street intersections (especially “T- intersections”) and where open space vistas may be achieved. N/A All projects (with 11 or more dwelling units) Community recreational space shall be located and designed so as to be functional, usable, and easily accessible from the units it is intended to serve. N/A Credit for indoor recreation facilities shall not exceed 25% of the required community recreation area. N/A Required community recreation areas shall not be located in any required front yard and may not include any streets, drive-aisles, driveways, parking areas, storage areas, slopes of 5% or greater, or walkways (except those walkways that are clearly integral to the design of the recreation area). N/A Recreation Area Parking In addition to required resident and visitor parking, recreation area parking shall be provided, as follows: 1 space for each 15 residential units, or fraction thereof, for units located more than 1,000 feet from a community recreation area. N/A March 20, 2024 Item #2 34 of 59 The location of recreation area parking shall be subject to the same location requirements as for visitor parking, except that required recreation area parking shall not be located within a driveway(s). N/A Examples of recreation facilities include, but are not limited to, the following: Active Swimming pool area Children’s playground equipment Spa Courts (tennis, racquetball, volleyball, basketball) Recreation rooms or buildings Horseshoe pits Pitch and putt Grassy play areas with a slope of less than 5% (minimum area of 5,000 square feet and a minimum dimension of 50 feet) Any other facility deemed by the City Planner to satisfy the intent of providing active recreational facilities Passive Benches Barbecues Community gardens Grassy play areas with a slope of less than 5% C.10 Lighting Lighting adequate for pedestrian and vehicular safety shall be provided. Appropriate lighting for the two- unit project will be evaluated with the final landscape and building plans. C.11 Reserved C.12 Recreational Vehicle (RV) Storage (1) Required for projects with 100 or more units, or a master or specific plan with 100 or more planned development units. Exception: RV storage is not required for projects located within the R-15 or R-23 land use designations. N/A 20 square feet per unit, not to include area required for driveways and approaches. Developments located within master plans or residential specific plans may have this requirement met by the common RV storage area provided by the master plan or residential specific plan. RV storage areas shall be designed to accommodate recreational vehicles of various sizes (i.e. motorhomes, campers, boats, personal watercraft, etc.). N/A The storage of recreational vehicles shall be prohibited in the front yard setback and on any public or private streets or any other area visible to the public. A provision containing this restriction shall be included in the covenants, conditions and restrictions for the project. All RV storage areas shall be screened from adjacent residences and public rights-of-way by a view-obscuring wall and landscaping. N/A C.13 Storage Space 480 cubic feet of separate storage space per unit. A two-car garage with minimum required dimensions is provided for each unit which satisfies the storage requirements. If all storage for each unit is located in one area, the space may be reduced to 392 cubic feet. Required storage space shall be separately enclosed for each unit and be conveniently accessible to the outdoors. Required storage space may be designed as an enlargement of a covered parking structure provided it does not extend into the area of the required parking stall, and does not impede the ability to utilize the parking stall (for vehicle parking). March 20, 2024 Item #2 35 of 59 A garage (12’x20’ one-car, 20’x20’ two-car, or larger) satisfies the required storage space per unit. This requirement is in addition to closets and other indoor storage areas. (1) This standard does not apply to housing for senior citizens (see Chapter 21.84 of this code). PLANNED DEVELOPMENTS (CMC SECTION 21.45.080) TABLE E: CONDOMINIUM PROJECTS REF. NO. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT E.1 Livable Neighborhood Policy Must comply with City Council Policy 66, Principles for the Development of Livable Neighborhoods. N/A, City Council resolution 2023-230 rescinded City Council Policy 66 to achieve consistency with current state regulations that require objective design standards. The final edits to the municipal code referencing Policy 66 are pending California Coastal Commission approval. To date, the Coastal Commission has not certified any city policy as part of the Local Coastal Program and therefore, the Policy does not apply in the interim. E.2 Architectural Requirements One-family and two-family dwellings Must comply with City Council Policy 44, Neighborhood Architectural Design Guidelines N/A, The purpose and intent of the architectural guidelines is to ensure that a variety of architectural elements are incorporated into single- family home projects to avoid cookie- cutter homes that all look the same. Per Policy 44, a new individual single- family home or remodel shall not be subject to these architectural guidelines. The City’s new Objective Design Standards (ODS) are not in effect in the Coastal Zone yet. However, ODS only apply to multifamily housing and mixed-use development projects that include two or more attached residential units Multiple-family dwellings There shall be at least three separate building planes on all building elevations. The minimum offset in planes shall be 18 inches and shall include, but not be limited to, building walls, windows, and roofs. N/A All building elevations shall incorporate a minimum of four complimentary design elements, including but not limited to: • A variety of roof planes; • Windows and doors recessed a minimum of 2 inches; • Decorative window or door frames; • Exposed roof rafter tails; • Dormers; • Columns; • Arched elements; • Varied window shapes; • Exterior wood elements; N/A March 20, 2024 Item #2 36 of 59 PLANNED DEVELOPMENTS (CMC SECTION 21.45.080) TABLE E: CONDOMINIUM PROJECTS REF. NO. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT • Accent materials such as brick, stone, shingles, wood, or siding; • Knee braces; and • Towers. E.3 Maximum Coverage 60% of total project net developable acreage. Proposed building coverage is 50% of the lot area (2,985 square feet). E.4 Maximum Building Height Same as required by the underlying zone, and not to exceed three stories (1)(7) The project is located within the BAOZ, and therefore pursuant to Footnote #1 below, building height shall be subject to the requirements of C.M.C. Chapter 21.82.050, which states that no residential structure shall exceed 30 feet when providing a minimum 3:12 roof pitch, or 24 feet when providing less than a 3:12 roof pitch. The project is proposing a building height of 30’ with a 3:12 roof pitch. Project complies. Projects within the R- 23 general plan designation (1)(7) 40 feet, if roof pitch is 3:12 or greater N/A. The project is located within the BAOZ. Therefore, pursuant to Footnote #1 below, building height shall be subject to the requirements of C.M.C. Chapter 21.82 as discussed above. The project does not exceed three stories. Project complies. 35 feet, if roof pitch is less than 3:12 Building height shall not exceed three stories E.5 Minimum Building Setbacks From a private or public street(2)(3) Residential structure 10 feet Garfield Street and Tamarack Avenue are public streets. The new residential structure is set back at least 10’ as measured from the outside edge of the ultimate street right-of-way width. Each of the two-car direct entry garages are setback 20’ from Tamarack Avenue. Direct entry garage 20 feet From a drive- aisle(4) Residential structure (except as specified below) 5 feet, fully landscaped (walkways providing access to dwelling entryways may be located within required landscaped area) N/A. No drive aisles are proposed. Residential structure – directly above a garage 0 feet when projecting over the front of a garage. N/A. See above. Garage 3 feet N/A. See above. Garages facing directly onto a drive-aisle shall be equipped with an automatic garage door opener. 0 feet (residential structure and garage) N/A. See above. March 20, 2024 Item #2 37 of 59 PLANNED DEVELOPMENTS (CMC SECTION 21.45.080) TABLE E: CONDOMINIUM PROJECTS REF. NO. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT Projects of 25 units or less within the R- 15 and R-23 general plan designations Garages facing directly onto a drive-aisle shall be equipped with an automatic garage door opener. N/A. See above. Balconies/deck s (unenclosed and uncovered) 0 feet N/A. See above. May cantilever over a drive-aisle, provided the balcony/deck complies with all other applicable requirements, such as: • Setbacks from property lines • Building separation • Fire and Engineering Department requirements From the perimeter property lines of the project site (not adjacent to a public/private street) The building setback from an interior side or rear perimeter property line shall be the same as required by the underlying zone for an interior side or rear yard setback. The underlying zone for the project is RD-M. The required interior side yard setback is 5’ and the project proposes 5’. The required rear yard setback is 10’ and the project proposes a rear yard setback of 10’. E.6 Minimum Building Separation 10 feet The one-family condominium units are separated by 10’. E.7 Resident Parking (6) All dwelling types If a project is located within the R-23 general plan designation, resident parking shall be provided as specified below, and may also be provided as follows: • 25% of the units in the project may include a tandem two-car garage (minimum 12 feet x 40 feet). • Calculations for this provision resulting in a fractional unit may be rounded up to the next whole number. Tandem parking is not proposed. One-family and two- family dwellings 2 spaces per unit, provided as either: • a two-car garage (minimum 20 feet x 20 feet), or • 2 separate one-car garages (minimum 12 feet x 20 feet each) • In the R-W Zone, the 2 required parking spaces may be provided as 1 covered space and 1 uncovered space (5) A two-car garage with the minimum required dimensions is provided for each unit. Multiple- family dwellings Studio and one-bedroom units 1.5 spaces per unit, 1 of which must be covered (5) N/A When calculating the required number of parking spaces, if the calculation results in a fractional parking space, the required number of parking spaces shall always be rounded up to the nearest whole number. Units with two or more bedrooms 2 spaces per unit, provided as either: • a one-car garage (12 feet x 20 feet) and 1 covered or uncovered space; or (5) N/A March 20, 2024 Item #2 38 of 59 PLANNED DEVELOPMENTS (CMC SECTION 21.45.080) TABLE E: CONDOMINIUM PROJECTS REF. NO. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT • a two-car garage (minimum 20 feet x 20 feet), or • 2 separate one-car garages (minimum 12 feet x 20 feet each) • In the R-W Zone and the Beach Area Overlay Zone, the 2 required parking spaces may be provided as 1 covered space and 1 uncovered space (5) Required parking may be provided within an enclosed parking garage with multiple, open parking spaces, subject to the following: • Each parking space shall maintain a standard stall size of 8.5 feet by 20 feet, exclusive of supporting columns; and • A backup distance of 24 feet shall be maintained in addition to a minimum 5 feet turning bump-out located at the end of any stall series. N/A Required resident parking spaces shall be located no more than 150 feet as measured in a logical walking path from the entrance of the units it could be considered to serve. Each unit’s parking spaces are within 150 feet of the unit it is intended to serve. E.8 Private Recreational Space One-family, two-family, and multiple- family dwellings Required private recreational space shall be designed so as to be functional, usable, and easily accessible from the dwelling it is intended to serve. Each home provides a private recreation area in the form of ground level area and a third level balcony. The private recreation areas are easily accessible from the interior living area of each unit. The required areas do not encroach within the required front yard setback, nor include any driveways, parking areas, storage areas, or common walkways. Required private recreational space shall be located adjacent to the unit the area is intended to serve. Required private recreational space shall not be located within any required front yard setback area, and may not include any driveways, parking areas, storage areas, or common walkways. One-family and two- family dwellings Minimum total area per unit Projects not within the R- 15 or R-23 general plan designations 400 square feet The project is within the R-23 GPLU designation, and therefore, provides at least 200 square feet of private recreational space per unit. Projects within the R-15 or R-23 general plan designations 200 square feet May consist of more than one recreational space. N/A May be provided at ground level and/or as a deck/balcony on a second/third floor or roof. Consists of a ground level area and a third level balcony. If provided at ground level Minimum dimension Not within the R-15 or R- 23 general plan designations 15 feet The project is within the R-23 GPLU designation, and therefore, provides at least 10-foot minimum dimensions for ground level recreational space. Within the R- 15 or R-23 general plan designations 10 feet March 20, 2024 Item #2 39 of 59 PLANNED DEVELOPMENTS (CMC SECTION 21.45.080) TABLE E: CONDOMINIUM PROJECTS REF. NO. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT Shall not have a slope gradient greater than 5%. Recreation area do not have a slope gradient greater than 5%. Attached solid patio covers and decks/balconies may project into a required private recreational space, subject to the following: • The depth of the projection shall not exceed 6 feet (measured from the wall of the dwelling that is contiguous to the patio/deck/balcony). The length of the projection shall not be limited, except as required by any setback or lot coverage standards. The 3rd floor balcony of the proposed unit projects 1 foot into the ground- level private open space for the existing unit. The projection does not exceed six feet; therefore, the project is in compliance with this standard. The project complies with the lot coverage standard of 60% or less. Open or lattice-top patio covers may be located within the required private recreation space (provided the patio cover complies with all applicable standards, including the required setbacks). N/A If provided above ground level as a deck/ balcony or roof deck Minimum dimension 6 feet The balcony provided for required private recreation space has dimensions of at least six feet and is at least 60 square feet in area. Minimum area 60 square feet Multiple-family dwellings Minimum total area per unit (patio, porch, or balcony) 60 square feet N/A Minimum dimension of patio, porch or balcony 6 feet N/A Projects of 11 or more units that are within the R-23 general plan designation may opt to provide an additional 75 square feet of community recreation space per unit (subject to the standards specified in Table C of this Chapter), in lieu of providing the per unit private recreational space specified above. N/A (1) If a project is located within the Beach Area Overlay Zone, building height shall be subject to the requirements of Chapter 21.82 of this code. (2) See Table C in Section 21.45.060 for required setbacks from an arterial street. (3) Building setbacks shall be measured from the outside edge of the required street right-of-way width, whichever is closest to the building. (4) Building setbacks shall be measured from one of the following (whichever is closest to the building): a) the outside edge of the required drive-aisle width; b) the back of sidewalk; or c) the nearest side of a parking bay located contiguous to a drive-aisle (excluding parking located in a driveway in front of a unit’s garage). (5) Any uncovered required parking space in the R-W zone may be located within a required front yard setback and may be tandem. (6) This standard does not apply to housing for senior citizens (see Chapter 21.84 of this code). (7) Protrusions above the height limit shall be allowed pursuant to Section 21.46.020 of this code. Such protrusions include protective barriers for balconies and roof decks. March 20, 2024 Item #2 40 of 59 Exhibit 5 March 20, 2024 Item #2 41 of 59 March 20, 2024 Item #2 42 of 59 Exhibit 6 March 20, 2024 Item #2 43 of 59 LIST OF ACRONYMS AND ABBREVIATIONS Exhibit 7 This is a list of acronyms and abbreviations (in alphabetical order) that are commonly used in staff reports. Acronym Description Acronym Description APA American Planning Association LCPA Local Coastal Program Amendment APN Assessor Parcel Number LOS Level of Service AQMD Air Quality Management District MND Mitigated Negative Declaration BMP Best Management Practice NCTD North County Transit District CALTRANS California Department of Transportation ND Negative Declaration CC City Council PC Planning Commission CCR Conditions, Covenants and Restrictions PDP Planned Development Permit CEQA California Environmental Quality Act PEIR Program Environmental Impact Report CFD Community Facilities District PUD Planned Unit Development CIP Capital Improvement Program ROW Right of Way COA Conditions of Approval RWQCB Regional Water Quality Control Board CofO Certificate of Occupancy SANDAG San Diego Association of Governments CT Tentative Parcel Map SDP Site Development Permit CUP Conditional Use Permit SP Specific Plan DIF Development Impact Fee SWPPP Storm Water Pollution Prevention Program DISTRICT City Council Member District Number TM Tentative Map EIR Environmental Impact Report ZC Zone Change EIS Environmental Impact Statement (federal) EPA Environmental Protection Agency FEMA Federal Emergency Management Agency GP General Plan GPA General Plan Amendment GIS Geographic Information Systems HCA Housing Crisis Act 2019 IS Initial Study March 20, 2024 Item #2 44 of 59 March 20, 2024 Item #2 45 of 59 March 20, 2024 Item #2 46 of 59 March 20, 2024 Item #2 47 of 59 March 20, 2024 Item #2 48 of 59 March 20, 2024 Item #2 49 of 59 March 20, 2024 Item #2 50 of 59 March 20, 2024 Item #2 51 of 59 March 20, 2024 Item #2 52 of 59 March 20, 2024 Item #2 53 of 59 March 20, 2024 Item #2 54 of 59 March 20, 2024 Item #2 55 of 59 xxx-xLLPC2022-xxx CDP2022-xxxx POULTER PROPERTIES MULTI-UNIT RESIDENTIAL KSKSBD 1 4 10/ 4 / 2 0 2 3 1 1 : 1 3 : 5 7 A M , D W G T o P D F . p c 3 , K y l e S I m o n March 20, 2024 Item #2 56 of 59 IRRIGATION NOTES: 1. IRRIGATION CONTROLLER SHALL BE: HUNTER IRRIGATION X-CORE 8 STATION WALL MOUNT CONTROLLER. MODEL # XC-800. 2. RAIN SENSOR SHALL BE: HUNTER IRRIGATION WIRELESS SOLAR SYNC MODEL # WSS-SEN. 3. PRESSURE REGULATORS SHALL BE INSTALLED ON THE IRRIGATION SYSTEM TO ENSURE THE DYNAMIC PRESSURE OF THE SYSTEM IS WITHIN THE MANUFACTURERS RECOMMENDED PRESSURE RANGE. PRESSURE REGULATOR SHALL BE: WILKINS #500 YSBR FACTORY SET AT 70 PSI PRESSURE REDUCING VALVE SHALL BE LOCATED AS CLOSE TO POINT OF CONNECTION AS POSSIBLE. 4. MANUAL SHUT-OFF VALVES (SUCH AS A GATE VALVE, BALL VALVE, OR BUTTERFLY VALVE) SHALL BE INSTALLED AS CLOSE AS POSSIBLE TO THE POINT OF CONNECTION OF THE WATER SUPPLY. 5. ALL IRRIGATION EMISSION DEVICES MUST MEET THE REQUIREMENTS SET IN THE ANSI STANDARD. ASABE/ICC 802-2014 "LANDSCAPE IRRIGATIOON SPRINKLER AND EMITTER STANDARD." AND ALL SPRINKLER HEADS SNSTALLED IN THE LANDSCAPE MUST DOCUMENT A DISTRIBUTION UNIFORMITY LOW QUARTER OF 0.65 OR HIGHER USING THE PROTOCOL DEFINED IN ASABE/ICC 802-2014. OVERHEAD IRRIGATION NOZZLES SHALL BE: HUNTER IRRIGATION MP ROTATOR MODEL MP1000,2000,3000 AS NEEDED WITH A WORKING PRESSURE OF 40 PSI. DISTRIBUTION UNIFORMITY OF THESE NOZZLES ARE .8 PER HUNTER.COM DRIP IRRIGATION SHALL BE: HUNTER IRRIGATION PLD DRIP LINE. MODEL AND SPACING SHALL BE DETERMINED AFTER A SOILS REPORT IS COMPLETED. INSTALL PER MANUFACTURERS RECOMMENDATION. DISTRIBUTION UNIFORMITY OF THIS LINE IS .9 PER HUNTER.COM 6. FOR GENERAL VALVE LOCATIONS REFER TO HYDROZONE CHART ON SHEET L1.1. SYSTEMS SHALL BE DESIGNED SO THAT VALVES ONLY OPERATE HEADS INSIDE THE SAME HYDROZONE. 7. ALL HYDROZONES SHALL BE VALVED/ZONED SEPERATELY 8. ALL IRRIGATION WATER SHALL BE POTABLE WATER, AND NO RECYCLED WATER SHALL BE USED ON SITE. IRRIGATION CONCEPT: THE LANDSCAPE ASSOCIATED WITH THIS PROJECT SHALL BE IRRIGATED BY MEANS OF A POTABLE AUTOMATIC IRRIGATION SYSTEM. THE SYSTEM SHALL INCLUDE THE FOLLOWING: 1. IRRIGATION SYSTEM SHALL BE PROTECTED BY A BACKFLOW PREVENTION DEVICE. 2. IRRIGATION SYSTEM SHALL BE AN AUTOMATIC, PERMANENT, BELOW-GRADE SYSTEM. 3. HOSE BIBBS SHALL BE INCLUDED TO SERVICE PLANTING AREAS. 4. IRRIGATION SYSTEMS SHALL BE SPRAY OR DRIP SYSTEMS. 5. NO IRRIGATION RUN-OFF SHALL DRAIN OFF-SITE INTO THE PUBLIC RIGHT-OF-WAY, STREETS, DRIVES, OR ALLEYS. A CONNECTION SHALL NOT BE MADE TO ANY STORMWATER SYSTEM WITHOUT PROPER BMP'S. 6. THE BMP'S SHALL STORE AND TREAT ALL STORMWATER AND ACCIDENTAL IRRIGATION RUN-OFF PRIOR TO DISCHARGE INTO CITY STORMWATER SYSTEM. 7. ALL IMPERMEABLE SURFACES SHALL BE CONSTRUCTED TO CAUSE WATER TO DRAIN ENTIRELY INTO A LANDSCAPED AREA. 8. ONLY SUBSURFACE IRRIGATION SHALL BE USED TO IRRIGATE ANY VEGETATION WITHIN TWENTY-FOUR INCHES OF AN IMPERMEABLE SURFACE UNLESS THE ADJACENT IMPERMEABLE SURFACES ARE DESIGNED AND CONSTRUCTED TO CAUSE WATER TO DRAIN ENTIRELY INTO A LANDSCAPED AREA. MAINTENANCE: ALL REQUIRED LANDSCAPE AREAS SHALL BE MAINTAINED BY THE OWNER. LANDSCAPE AREAS SHALL BE FREE OF DEBRIS AND LITTER AND ALL PLANT MATERIAL SHALL BE MAINTAINED IN A HEALTHY GROWING CONDITION DESIGN CRITERIA: 1. ALL LANDSCAPE AND IRRIGATION SHALL CONFORM TO THE LANDSCAPE STANDARDS OF THE CITY-WIDE LANDSCAPE REGULATIONS,THE CITY OF CARLSBAD LANDSCAPE MANUAL AND ALL OTHER LANDSCAPE-RELATED CITY AND REGIONAL STANDARDS. 2. PLANTING WILL BE DESIGNED TO HIGHLIGHT ENTRANCE AREAS TO THE PROJECT AND ADD VISUAL INTEREST TO THE SITE. 3. ALL PLANT MATERIAL SELECTED FOR USE WILL BE OF A TYPE KNOWN TO BE SUCCESSFUL IN THE AREA OR IN SIMILAR CLIMATIC AND SOIL CONDITIONS. 4. COLOR FROM PLANT FOLIAGE, BARK, OR FLOWER WILL BE UTILIZED TO CREATE AN INVITING, WARM, AND VISUALLY APPEALING LANDSCAPE ENVIRONMENT. MIN. TREE / IMPROVEMENT SEPARATION DISTANCE: TRAFFIC SIGNAL / STOP SIGN - 20 FEET UNDERGROUND UTILITY LINES - 5 FEET ABOVE GROUND UTILITY STRUCTURES - 10 FEET SEWERS - 10 FEET DRIVEWAYS - 10 FEET INTERSECTIONS (INTERSECTING CURB LINES OF TWO STREETS) - 25 FEET WATER EFFICIENT LANDSCAPE DECLARATION " I AM FAMILIAR WITH THE REQUIREMENTS FOR LANDSCAPE AND IRRIGATION PLANS CONTAINED IN THE CITY OF CARLSBAD'S LANDSCAPE MANUAL AND WATER EFFICIENT LANDSCAPE REGULATIONS. I HAVE PREPARED THIS PLAN IN COMPLIANCE WITH THOSE REGULATIONS AND THE LANDSCAPE MANUAL AND AGREE TO COMPLY WITH ALL REQUIREMENTS WHEN SUBMITTING CONSTRUCTION DOCUMENTS. I CERTIFY THAT THE PLAN IMPLEMENTS THOSE REGULATIONS TO PROVIDE EFFICIENT USE OF WATER." SIGNATURE___________________________________ DATE 10-02-2023 DESIGN STATEMENT: THE LANDSCAPE CONCEPT FOR THE APARTMENT COMPLEX IS INFLUENCED BY THE STYLE OF THE ADJACENT COMMUNITY AND COMPLEMENTS THE ARCHITECTURAL STYLE OF THE BUILDING. THE ARRANGEMENT OF HARDSCAPE AND PLANTINGS PROMOTES MOVEMENT THROUGH THE SITE. ORNAMENTAL VEGETATION HAS BEEN SELECTED WITH CONSIDERATION OF DROUGHT TOLERANCE, EASE OF MAINTENANCE, STRUCTURE, FLOWER AND FOLIAGE. A RESTRICTED PALETTE OF PLANT MATERIAL SHALL MAINTAIN THE COHESIVE THEME OF THE LANDSCAPE DESIGN. THE LANDSCAPE STYLE SHALL MAINTAIN CONSISTENCY TO AVOID COMPLEX PLANT MIXTURES AND VISUAL CONFUSION. GENERAL NOTES: 1. ALL GRADED, DISTURBED, OR ERODED AREAS THAT WILL NOT BE PERMANENTLY PAVED OR COVERED BY STRUCTURES SHALL BE PERMANENTLY REVEGETATED AND IRRIGATED IN ACCORDANCE WITH THE STANDARDS IN THE CITY OF CARLSBAD LANDSCAPE MANUAL. 2. GRADED PAD AREAS SHALL BE HYDRO-SEEDED TO PREVENT EROSION IN THE EVENT THAT CONSTRUCTION OF BUILDINGS DOES NOT OCCUR WITHIN 30 DAYS OF GRADING. HYDRO-SEED SHALL BE IRRIGATED OR REAPPLIED AS NECESSARY TO ESTABLISH GROWTH. 3. ALL PLANTING, IRRIGATION, AND LANDSCAPE RELATED IMPROVEMENTS WILL COMPLY WITH THE CITY OF CARLSBAD LANDSCAPE REGULATIONS AND THE LANDSCAPE MANUAL STANDARDS. 4. ALL TREES SHALL BE MAINTAINED SO THAT ALL BRANCHES OVER THE PEDESTRIAN WALKWAYS ARE AT LEAST 6 FEET ABOVE THE WALKWAY GRADE AND SO THAT ALL BRANCHES OVER VEHICLE TRAVEL WAYS ARE 14 FEET ABOVE GRADE OF THE TRAVEL WAY. 5. ALL PLANTING AREAS SHALL BE MAINTAINED FREE OF WEEDS, DEBRIS, AND LITTER. 6. ALL PROPOSED IRRIGATION SYSTEMS WILL USE AN APPROVED RAIN SENSOR SHUTOFF DEVICE. 7. HIGH WATER USE PLANTS SHALL BE LIMITED TO NOT MORE THAN 10 PERCENT OF THE TOTAL DEVELOPED LANDSCAPE AREA. ALL OTHER PLANTINGS SHALL BE COMPOSED OF LOW-WATER-USE PLANT MATERIAL. 8. AN AUTOMATIC, ELECTRICALLY CONTROLLED IRRIGATION SYSTEM SHALL BE INSTALLED AS SHOWN ON THE CONSTRUCTION PLANS. IRRIGATION SYSTEMS SHALL ME MAINTAINED FOR PROPER DEVELOPMENT AND MAINTENANCE OF THE VEGETATION IN A HEALTHY, DISEASE-RESISTANT CONDITION. THE DESIGN OF THE SYSTEM SHALL PROVIDE ADEQUATE SUPPORT FOR THE VEGETATION SELECTED. 9. INCORPORATE COMPOST AT A RATE OF AT LEAST FOUR CUBIC YARDS PER 1,000 SQUARE FEET TO A DEPTH OF SIX INCHES INTO LANDSCAPE AREA (UNLESS CONTRAINDICATED BY A SOIL TEST). 10. AT THE TIME OF FINAL INSPECTION, THE PERMIT APPLICANT MUST PROVIDE THE OWNER OF THE PROPERTY WITH A CERTIFICATE OF COMPLETION, CERTIFICATE OF INSTALLATION, IRRIGATION SCHEDULE AND A SCHEDULE OF LANDSCAPE AND IRRIGATION MAINTENANCE. 11. ALL LANDSCAPED AREAS SHALL RECEIVE A 3" LAYER OF WOOD BARK MULCH UNLESS OTHERWISE NOTED ON PLANS. POULTER PROPERTIES MULTI-UNIT RESIDENTIAL KSKSBD 2 4 PLANT MATERIAL LEGEND CALLOUTSYMBOL BOTANICAL NAME COMMON NAME QUANTITY SIZE MINIMUM HEIGHTAND SPREAD IRRIGATION DEMANDS H - HIGH M - MODERATE L - LOW N - RAINFALL ONLY REMARKS SHRUBS & SUCCULENTS ALO. STR. ALOE STRIATA CORAL ALOE 4 5 GAL. 16" x 12"L FULL FORM AND COLOR, VIGOROUS ALO. ROO. ALOE RUDIKOPPE 'LITTLE GEM'LITTLE GEM ALOE 4 1 GAL. 12" x 12"L FULL FORM AND COLOR, VIGOROUS KNI. UVA. KNIPHOPHIA UVARIA RED HOT POKER 30 1 GAL.12" x 8"L FULL CLUMPS, FULL FORM, GOOD COLOR, VIGOROUS MUH. RIG. MUHLENBERGIA RIGENS DEER GRASS 8 5 GAL.18" x 12"L FULL CLUMPS, FULL FORM, GOOD COLOR, VIGOROUS NA EXISTING LANDSCAPE (SHRUBS / GROUNDCOVER) OUTSIDE LIMIT OF WORK TO BE PROTECTED IN PLACE NA EXISTING TREES OUTSIDE LIMIT OF WORK TO BE PROTECTED IN PLACE WATER USE TABLE DESCRIPTION IRRIGATION TYPENUMBERSYMBOLAREA (SQ.FT.) DRIPH1LOW WATER USE PLANTS, PART SUN 482 SQ. FT. 482 SQ. FT.LOW WATER USE PLANTS = .3 WUCOLS VALUELOW WATER USE PLANTS = 482 SQ.FT (100% OF SITE PLANTING AREA) R TOTAL SHRUBS: 5 GALLON - 12 (26%) 1 GALLON - 34 (74%) TOTAL EXTERIOR AREAMINUS PAVING: 482 SQ.FT. LANDSCAPE AREA: 482 SQ.FT. (100%) DUE TO LIMITED PLANTING AREA, THE PLANSQUALIFY FOR A PRESCRIPTIVE COMPLIANCE REVIEW. XXX-XLLPC2022-XXXX DEV2022-XXXX EXISTING TREE AND SHRUB INVENTORY LETTER SCIENTIFIC NAME COMMON NAME SIZE (HxW)IN FEET CALIPER NOTES MAINTENANCE STRATEGY A ARCHONTOPHOENIX CUNNINGHAMIANA KING PALM 12' BTH TRIPLE CITY STREET TREE PROTECT IN PLACE B SYAGRUS ROMANZOFFIANUM QUEEN PALM 20' BTH 12"CITY STREET TREE PROTECT IN PLACE C SYAGRUS ROMANZOFFIANUM QUEEN PALM 20' BTH 12"CITY STREET TREE PROTECT IN PLACE D SYAGRUSROMANZOFFIANUM QUEEN PALM 15' BTH 12"CITY STREET TREE PROTECT IN PLACE E SYAGRUSROMANZOFFIANUM QUEEN PALM 8' BTH 12"CITY STREET TREE PROTECT IN PLACE F SYAGRUS ROMANZOFFIANUM QUEEN PALM 15' BTH 12"OUTSIDE CONSTRUCTION LIMITS PROTECT IN PLACE G SYAGRUS ROMANZOFFIANUM QUEEN PALM 15' BTH 12"OUTSIDE CONSTRUCTION LIMITS PROTECT IN PLACE H DRACEANA DRACO DRAGON TREE 8'12"OUTSIDE CONSTRUCTION LIMITS PROTECT IN PLACE 10/ 4 / 2 0 2 3 1 1 : 1 4 : 4 6 A M , D W G T o P D F . p c 3 , K y l e S I m o n March 20, 2024 Item #2 57 of 59 POULTER PROPERTIES MULTI-UNIT RESIDENTIAL KSKSBD 3 4 XXX-XLLPC2022-XXXX DEV2022-XXXX LANDSCAPE SITE PLANL3 NOTES: 1. ALL CONCRETE AREAS ARE IMPERVIOUS, ANDSHALL DRAIN INTO LANDSCAPED AREAS.2. ALL PLANTING AREAS SHALL BE GRADED AT 2% AWAY FROM STRUCTURES AND TERMINATE IN ANAPPROVED DRAINAGE SYSTEM.3. AREAS LESS THAN TEN (10) FEET IN WIDTH IN ANYDIRECTION SHALL BE IRRIGATED WITHSUBSURFACE IRRIGATION OR OTHER MEANSTHAT PRODUCES NO RUNOFF OR OVERSPRAY CONCEPTUAL MAINTENANCE RESPONSIBILITY EXHIBIT SCALE:1" = 20'-0" PLANT WATER USE PLAN SCALE:1" = 20'-0" CONCEPTUAL WATER CONSERVATION PLAN SCALE:1" = 20'-0" LANDSCAPE TO BE MAINTAINED BY PROPERTY OWNER (TYP. SYM.) PROPERTY LINE (TYP. SYM.) LOW WATER USE PLANTS(TYP. SYM.)HYDROZONE 1 (TYP SYM) IRRIGATION CONTROLLER AND RAIN SENSOR TO BE LOCATED ON BUILDING WALL 3" DEPTH MULCH - COLOR AND SIZE TO MATCH EXISTING MULCH ALONG GARFIELD STREET (TYPICAL SYMBOL) NATURAL GRAY CONCRETE WITHTOP-CAST 'ACID ETCH' FINISH -SCORING PER PLAN(TYPICAL SYMBOL) EXISTING SIDEWALK (TYPICAL SYMBOL) NEW CONCRETE SIDEWALK / DRIVEWAY PER CIVIL ENGINEER (TYPICAL SYMBOL) EXISTING 6' TALL WOOD FENCE LIMIT OF WORK LINE - ALL LANDSCAPEOUTSIDE LIMIT OF WORK TO REMAIN R 8 MUH. RIG. 5 GAL. 20 KNI. UVA. 1 GAL. 4 ALO. ROO. 1 GAL. 4 ALO. STR. 5 GAL. EXISTING LANDSCAPE TO REMAIN (TYPICAL SYMBOL) EXISTING TREES - REFER TO TREE INVENTORY ON SHEET L1 (TYPICAL SYMBOL) A B C D E F G H WATER METER AND WATER LINE (TYPICAL SYMBOL) STORM DRAIN (TYPICAL SYMBOL) 10/ 4 / 2 0 2 3 1 1 : 1 5 : 4 8 A M , D W G T o P D F . p c 3 , K y l e S I m o n March 20, 2024 Item #2 58 of 59 XXX-XLLPC2022-XXXX DEV2022-XXXX POULTER PROPERTIES MULTI-UNIT RESIDENTIAL KSKSBD 4 4 GRADE 1.33 lbs/LF STEEL POST FENCE MATERIAL: ORANGE, UV RESISTANT HIGH TENSILE STRENGTH POLYETHYLENE LAMINAR BARRICADE FABRIC 4' O.C. MINIMUM NOTES: 1. ALL PLANTS DESIGNATED TO BE SAVED SHALL BE PROTECTED BY FENCING, AS ILLUSTRATED. 2. INSTALL TREE PROTECTION FENCE AT TREE DRIP LINE OR AT EDGE OF DISTURBED AREA, PRIOR TO COMMENCEMENT OF CONSTRUCTION. FENCE SHALL COMPLETELY ENCIRCLE THE TREE. 3. AVOID DRIVING POSTS OR STAKES INTO MAJOR ROOTS DURING INSTALLATION OF FENCING. 4. DEAD TREES, SCRUB, OR UNDERGROWTH SHALL BE CUT FLUSH WITH ADJACENT GRADE. THERE SHALL BE NO SOIL DISTURBANCE UNDER THE DRIP LINE OF TREES TO BE PRESERVED. 5. TREE PROTECTION FENCING SHALL BE MAINTAINED THROUGHOUT THE DURATION OF THE PROJECT. 6. NO STOCKPILING OF MATERIALS, VEHICULAR TRAFFIC, OR STORAGE IS ALLOWED WITHIN THE LIMIT OF THE FENCING. 7. NO LIQUIDS, GARBAGE, OR OTHER DEBRIS SHALL BE DUMPED WITHIN THE LIMIT OF THE FENCING. 8. NO EQUIPMENT OR MACHINERY SHALL BE USED WITHIN THE PROTECTION FENCE. WORK WITHIN THE PROTECTION ZONE SHALL BE DONE MANUALLY. 9. TREATMENT OF ROOTS EXPOSED DURING CONSTRUCTION: FOR ROOTS OVER 1 INCH IN DIAMETER DAMAGED DURING CONSTRUCTION, MAKE A CLEAN STRAIGHT CUT TO REMOVE DAMAGED PORTION OF THE ROOT. ALL EXPOSED ROOTS SHOULD BE TEMPORARILY COVERED WITH SOIL OR MULCH AS SOON AS POSSIBLE TO PREVENT DRYING. 10. FOR PRUNING GUIDELINES, SEE ANSI #300. 11. REFER TO STANDARDS IN GENERAL SPECIFICATIONS FOR TREE PROTECTION.TREE PROTECTIONA NOT TO SCALE March 20, 2024 Item #2 59 of 59 Poulter Properties Multi-Unit Residential Edward Valenzuela, Associate Planner Community Development March 20, 2024 PUD 2022-0004/ SDP2023-0030/ CDP 2022-0049/ MS 2022-0006 1 2 Project Location 3 Existing Site 4 Site Plan 5 Poulter Properties Multi-Unit Residential Residence/Garage to be Demolished Rebuilt Residence Tamarack Avenue Frontage Project Description Demolish one of two SFRs Rebuild demolished unit Convert both residences to condos 2-car garage for each unit Existing Residence to Remain Poulter Properties Multi-Unit Residential 6 Existing Residence to Remain Front (South) Elevation Project Features 3-stories tall (30’-0”) Stucco, wood siding, single score CMU Butterfly roof Balcony (294 sf) Tempered glass guardrail Poulter Properties Multi-Unit Residential 7 Rebuilt New Residence South Elevation 8 POULTER PROPERTIES MULTI-UNIT RESIDENTIAL (RESIDENCE TO REMAIN) 9 POULTER PROPERTIES MULTI -UNIT RESIDENTIAL (NEW RESIDENCE) PROJECT CONSISTENCY Poulter Properties Multi-Unit Residential 10 •General Plan •Zoning Ordinance •Local Coastal Program •Subdivision Ordinance •California Environmental Quality Act (CEQA) RECOMMENDED ACTION Adopt a resolution approving a planned development permit, site development plan, coastal development permit, and tentative parcel map as described in the staff report. Poulter Properties Multi-Unit Residential 11 BACK-UP SLIDES SWAN RESIDENCE 12 13 First Floor – Garage Level 14 Second Floor 15 Third Floor 16 Roof Plan 17 Section BB 18 West Elevation 19 East Elevation 20 North Elevation 21 South Elevation Elevations and Floorplan – Existing Residence to Remain 22