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HomeMy WebLinkAbout2024-07-17; Planning Commission; Resolution 7517PLANNING COMMISSION RESOLUTION NO. 7517 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SITE DEVELOPMENT PLAN, SDP 2023-0014, TO DEMOLISH FIVE EXISTING COMMERCIAL STRUCTURES AND CONSOLIDATE FOUR PARCELS OF LAND INTO TWO PARCELS; AND CONSTRUCT A MIXED-USE DEVELOPMENT CONSISTING OF 13,800 SQUARE FEET OF NEIGHBORHOOD-SERVING COMMERCIAL WITHIN TWO ONE-STORY BUILDINGS, 218 MULTIPLE-FAMILY RESIDENTIAL APARTMENT UNITS WITHIN TWO FIVE-STORY BUILDINGS, AND A FIVE-STORY ABOVE GRADE PARKING STRUCTURE ON A 4.12-ACRE PROPERTY LOCATED AT 945-1065 CARLSBAD VILLAGE DRIVE IN THE NORTHWEST QUADRANT OF THE CITY, THE VILLAGE & BARRIO MASTER PLAN, AND LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: CARLSBAD VILLAGE MIXED USE CASE NO.: SDP 2023-0014 (DEV2023-0078) WHEREAS, Tooley Interests, LLC, "Developer," has filed a verified application with the City . of Carlsbad regarding property owned by GRT Carlsbad Village, LLC, "Owner," described as PARCELS A THROUGH DAS SHOWN ON "CITY OF CARLSBAD M.S. 2018- 0014", IN THE CITY OF SAN DIEGO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 21699 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 16, 2019. ("the Property/}); and WHEREAS, said verified application constitutes a request for a Site Development Plan as shown on Exhibit(s) "A" -"UU" dated June 5, 2024, on file in the Planning Division, SDP 2023-0014 - CARLSBAD VILLAGE MIXED USE as provided by Chapters 21.06, 21.85 and 21.86 of the Carlsbad Municipal Code and the Village & Barrio Master Plan; and WHEREAS, the Planning Division studied the Site Development Plan application and performed the necessary investigations to determine if the project qualified for an exemption from further environmental • review pursuant to the California Environmental Quality Act, (CEQA, Public Resources Code section 21000 et. seq.), and its implementing regulations (the State CEQA Guidelines), Article 14 of the California Code of Regulations section 15000 et. seq. After consideration of all evidence presented, and studies and investigations made by the City Planner and on its behalf, the City Planner determined that the project was exempt from further environmental review pursuant to State CEQA Guidelines section 15332 -In-fill Development Projects. CEQA Guidelines Section 15332 is a Class 32 exemption for projects under five acres, located within urbanized areas, and consistent with the General Plan and zoning regulations for the site. The project will not have a significant effect on the environment and all of the requirements of CEQA have been met; and WHEREAS, on Feb. 29, 2024, the city distributed a notice of intended decision to adopt the "In-fill Development Projects" exemption. The notice was posted for a 10-day period, which began on Feb. 29, 2024 and ended on March 11, 2024. The city did not receive any comment letters or an appeal on the CEQA findings and determination. The effective date and order of the City Planner CEQA determination was March 11, 2024. WHEREAS, the Planning Commission did, on July 17, 2024, hold a duly noticed public hearing as prescribed by law to consider said request relative to the Site Development Plan land use application; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Site Development Plan. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL OF SDP 2023-0014-CARLSBAD VILLAGE MIXED USE, based on the following findings and subject to the following conditions: Findings: Site Development Plan, SDP 2023-0014 1. That the proposed development or use is consistent with the General Plan and any applicable master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the Carlsbad Municipal Code, and all other applicable provisions of this code, in that the project proposes the demolition of an existing shopping center with approximately 58,735 square feet of commercial uses, and in its place the construction of a new mixed-use development consisting of 13,800 square feet of neighborhood-serving commercial within two one-story buildings, 218 multiple-family residential apartment units (191 market rate and 27 affordable) within two five-story buildings, 289 garage parking spaces within a five-story parking structure, and 51 surface parking spaces, all on a 4.12-acre infill site located within the Freeway Commercial (FC} District of the Village & Barrio Master Plan. Mixed-use, consisting of multiple- family residential and commercial (i.e., restaurants, retail, markets, etc.), is permitted by right within the FC District. The project is consistent with the various elements and objectives of the Village (V} General Plan Land Use designation and the Village & Barrio Master Plan as discussed in the findings below and in the project staff report dated June 5, 2024 incorporated by reference. Although the project's residential density of 53 dwelling units per acre is above the 35 du/ac maximum that is allowed by the FC District, the 218-unit residential project can be found consistent with the General Plan Land Use Policies as discussed in the findings below and in the project staff report dated June 5, 2024 through use of a Density Bonus as allowed under California Law and the Carlsbad Municipal Code. State law encourages cities to provide affordable housing through incentives to developers (i.e., State Density Bonus Law, Government Code §65915}. State Density Bonus Law allows a developer to increase density on a property above the maximum density, set under the land use policies of the General Plan, zoning district, and Specific Plan/Master Plan. In this instance, based on the adopted land use density of the Freeway Commercial (FC} District of the Village and Barrio Master Plan, the base number of units allowed for a 4.12-acre parcel at 35 du/ac is 145 dwelling units. The applicant is requesting a 50% increase in density to yield 218 total units. Density Bonus Law stipulates that a request for a density bonus does not constitute a valid basis on which to find a proposed housing development project is not compliant with a general plan. In addition, State Density Bonus Law explicitly requires the city to consider "the density allowed under the land use element of the general plan" in determining maximum allowable residential density and General Plan conformance. Therefore, the proposed density of the project is deemed compliant with the land use density designation of the General Plan and Village and Barrio Master Plan. 2. That the requested development or use is properly related to the site, surroundings and environmental settings, will not be detrimental to existing development or uses or to development or uses specifically permitted in the area in which the proposed development or use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the proposed mixed-use development is located within the Freeway Commercial (FC} District of the Village & Barrio Master Plan. The project will not be detrimental to existing uses or to uses specifically permitted in the area in which the use is located in that mixed-use, consisting of multiple-family residential and commercial (i.e., restaurants, retail, markets, etc.), is permitted by right in the FC District. All the properties surrounding the site are designated for FC uses under the VBMP, except for properties located to the south of the site, across Oak Avenue, which are designated as Barrio Perimeter (BP} and those along Harding Avenue to the west, which are designated as Village Center (VC}. The project site is surrounded by a variety of urban uses, including an adjacent gas station, a four-story mixed-use building across Carlsbad Village Drive to the north, one-to-three-story residential (multiple-family and single-family) buildings to the south across Oak Avenue, and various one-story public and commercial uses to the west across the Hope Avenue Alley along Harding Street. The proposed site design places residential adjacent to residential to the south and commercial development adjacent to existing commercial development to the north and west. The proposed mixed-use development will not adversely impact the site, surroundings, or traffic circulation. The mixed-use project is estimated to generate fewer trips (2,242 ADT) than the existing commercial land uses (7,044 ADT) it intends to replace, resulting in a net decrease of 4,802 Average Daily Trips (ADT). Both Carlsbad Village Drive and Oak Avenue are designed to adequately handle the traffic generated by the project, and the project is adequately parked on-site in accordance with State Density Bonus Law and the Village & Barrio Master Plan. 3. That the site for the intended development or use is adequate in size and shape to accommodate the use, in that pursuant to State Density Bonus Law, the Developer has requested waivers to standards in the Village & Barrio Master Plan related to maximum building height and the number of floor levels, height limits on roof structures, height limits on architectural features, limitations on total square footage of the fourth floor, and restricting vehicular access to an alley. The project is entitled to the requested number of units and the density bonus waivers are necessary for the project to be developed at the density. The waivers are permitted pursuant to CMC Chapter 21.86 and State Density Bonus Law. 4. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested development or use to existing or permitted future development or use in the neighborhood will be provided and maintained, in that the project complies with all applicable development standards for mixed-use projects within the FC District of the Village & Barrio Master Plan, including lot coverage, open space, height, setbacks, and parking, etc., subject to density bonus provisions for concessions and waivers, including reductions of standards. The architecture of the building is compatible with the surrounding residential and commercial development. Landscaping along the street frontages and throughout the project will be provided consistent with the requirements of the city's Landscape Manual and the Village & Barrio Master Plan. 5. That the street systems serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use, in that the proposed project is considered a through lot since it has two primary street frontages, Carlsbad Village Drive to the north, and Oak Avenue to the south, both of which are connected by the existing Hope Avenue Alley bordering the entire westerly property line of the subject property. Along Carlsbad Village Drive, the project is proposing 8-feet of right-of-way dedication. With a total of 16-feet from curb to property line, the project proposes a 10-foot-wide sidewalk buffered by a 6-foot-wide landscape planter with street trees. In addition to the pedestrian improvements described, the project will also be updating an existing bus stop on Carlsbad Village Drive with a new Americans with Disabilities Act (ADA) compliant bus stop pad with shelter, bench, trash receptacles and shelter lighting, etc., pursuant to NCTD standards. On Oak Avenue, the project will maintain the existing 10-foot right-of-way along the project frontage and will replace the existing curb, gutter, and sidewalk. Along this frontage, the project is proposing a 10-foot-wide sidewalk reduced down to 5.5 feet at each tree well planter location. Along the north side of Oak Avenue, the project also proposes to improve the dead-end street design to a cul-de-sac pursuant to City of Carlsbad standards. Primary vehicular access into the project site will be provided via two existing driveways on Carlsbad Village Drive -one (1) unsignalized right-turn only driveway to the Hope Avenue Alley along the western boundary of the site and one (1) unsignalized private driveway permitting right turns and inbound left turns only. The existing median in Carlsbad Village Drive prohibits left turns out from this driveway. Secondary vehicular access will be provided on Oak Avenue via a full-access driveway located at the end of the cul-de-sac where Oak Avenue terminates west of lnterstate-5. The proposed project is estimated to generate fewer trips (2,242 ADT) than the existing land uses (7,044 ADT) it will replace, resulting in a net decrease of 4,802 Average Daily Trips (ADT). Both Carlsbad Village Drive and Oak Avenue are designed to adequately handle the traffic generated by the project. The project site is also located within 0.4 miles of the Carlsbad Village mass transit station which provides bus, train, and Coaster service on a daily basis. Bike lanes are provided on Carlsbad Village Drive. In addition, the Developer will be required to pay traffic impact fees in accordance with Carlsbad Municipal Code Section 18.42 prior to issuance of building permits that will go towards future road improvements. lnclusionary Housing and Density Bonus 6. Project has been granted additional units, incentives, and waivers in accordance with density bonus provisions found in Government Code §65915 and Carlsbad Municipal Code Chapter 21.86. Per density bonus definitions, the project had a calculation of 145 Base Units. Applicant requested a 50% increase, which allows up to an additional 73 units for a total maximum project size of 218 units. Based on the requested density bonus, Applicant must provide 15% of the Base Units to very-low-income units as defined by California Health and Safety Code §50053. The project is conditioned to provide 22 units (145 x 0.15 = 21.8 rounded up to 22) density bonus affordable units based on calculations in Government Code §65915 and enforced by the California Department of Housing and Community Development. 7. Project is also subject to Carlsbad Municipal Code Chapter 21.85, requiring 15% of the total residential units be affordable for lower income households. Carlsbad Municipal Code (CMC) Section 21.85.070 provides alternatives to construction of inclusionary units, including reducing the required number of inclusionary units to twelve and a half (12.5) percent for projects that restrict all affordable units to extremely low or very-low-income households. Under this alternative, this project is providing very-low-income units pursuant to Government Code §65915, arid therefore, the very-low-income inclusionary units shall be twelve and a half (12.5) percent of the total residential units approved by the final decision-making authority, including density bonus units. Therefore, the affordable units required by this code section is 27 units (218 x 0.125 = 27.25 rounded down to 27). The project is conditioned to provide 27 inclusionary units based on Carlsbad Municipal Code Chapter 21.85. 8. Per Carlsbad Municipal Code Section 21.86.130, those affordable dwelling units provided to meet the inclusionary requirement established pursuant to Chapter 21.85 of this title, shall be counted toward satisfying the density bonus requirements of this chapter. Twenty-two (22) of the 27 units count toward the density bonus affordable requirement, as long as they meet the affordability requirement identified in Government Code §65915. Therefore, the conditions identified in the two findings above are cumulative and will be satisfied through one Affordable Housing Agreement to provide 27 total affordable units based on Carlsbad Municipal Code Chapter 21.85, all of which will be at the very-low-income level to satisfy Carlsbad Municipal Code Chapter 21.86. General 9. 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 June 5, 2024 including, but not limited to the following: a. Land Use & Community Design, Goal 2-G.2 -The mixed-use project provides 13,800 square feet of new neighborhood-serving commercial development that is oriented towards Carlsbad Village Drive in accordance with the Village & Barrio Master Plan, 218 multiple- family residential apartment units (191 market rate and 27 affordable) and 340 parking spaces all located near jobs, schools, beaches, lagoons, and other convenient neighborhood-serving commercial services. The project provides 340 parking spaces onsite and also has access to public transit via the Carlsbad Village Station providing bus, train, and Coaster services, as well as NCTD bus route 315 providing service between Camp Pendelton, Sprinter, and the Carlsbad Village Station. b. Land Use & Community Design, Goal 2-G.3 -The mixed-use project is proposed on a developed site surrounded by urban development. In addition to 13,800 square feet of new neighborhood-serving commercial development oriented towards Carlsbad Village Drive, the project will provide future residents with access to convenient neighborhood-serving commercial uses onsite and within the area, as well as providing new housing to support nearby employment centers. c. Land Use & Community Design, Goal 2-G.4 -The multiple-family residential portion of the mixed-use project includes 218 apartments units (191 market rate and 27 affordable) in a variety of bedroom counts and provides much-needed higher density housing located in close proximity to neighborhood-serving commercial uses, nearby employment centers and the mass transit station located in the core of Carlsbad Village. d. Land Use & Community Design, Goal 2-G.30 and Policy 2-P.70-The proposal to construct a mixed-use development with 13,800 square feet of commercial and 218 multiple-family residential apartments would enhance the vitality of the Village by providing new residential and updated commercial land uses near the downtown core area. The project reinforces the pedestrian orientation desired for the downtown area by providing residents an opportunity to walk to shopping, restaurants, recreation, and mass transit functions. The project's proximity to existing bus routes and other mass transit helps to further the goal of providing new economic development near transportation corridors. e. Mobility, Goal 3-G.3 and Policy 3-P .5 -Along Carlsbad Village Drive, the project is proposing an 8-foot right-of-way dedication and construction of a new 16-foot-wide parkway with 10- foot-wide sidewalks and 6-foot-wide landscape planters with street trees. On Oak Avenue, the project will maintain the existing 10-foot right-of-way along the project frontage, but will replace the existing curb, gutter, and sidewalk with a 10-foot-wide sidewalk reduced down to 5.5 feet at each tree well planter location. Along the north side of Oak Avenue, the project also proposes to improve the dead-end street design to a cul-de-sac pursuant to City of Carlsbad standards. In addition, the proposed project is located approximately 0.4 miles from the Carlsbad Village station, which provides rail and bus service throughout the day. The project's proximity to the transit station would provide visitors with new neighborhood-serving commercial and residents with the opportunity to commute to major job centers, thereby reducing vehicle miles traveled (VMTs) and the carbon footprint. Furthermore, the project supports walkability and mobility by locating the project near other existing goods and services within the Village. f. Noise, Goals 5-G.1 and 5-G.2 -Dudek Environmental Consulting conducted a noise study (Dec. 2023) for the proposed project. The principal noise source associated with the proposed project is traffic generated from the lnterstate-5 freeway and the surrounding street system. As it relates to exterior use areas, the project will include outdoor usable space within multiple interior courtyards. Due to sound-blocking acoustical shielding afforded by the onsite positions and multi-floor structural arrangement of the proposed buildings, these exterior use areas will not be subject to noise exposure levels exceeding the City's 65 dBA CNEL standard. As it relates to interior spaces, pursuant to Chapter 18.04.080 of the Carlsbad Municipal Code (CMC), any new residence or addition of one or more habitable rooms to an existing residence located within the noise impact boundary of an airport or freeway must be designed to ensure that internal noise levels due to airport or freeway operations do not exceed 45 dB. The project will not be built without adequately demonstrating compliance with the California Building Code (CBC), as locally amended. Modeling was performed to determine interior noise levels from street-facing units of the project. An assessment was conducted on street-facing units intended for residential occupation since the facade noise levels were modeled above 60 dBA CNEL. As a project design feature, glass assemblies would require a closed window condition to reduce the interior noise levels below the City's 45 dBA CNEL threshold. Therefore, mechanical ventilation (e.g., air conditioning) will be installed in impacted street-facing units to move air within the structure and control temperature when windows are closed. Pursuant to standard building permit procedures, a final interior noise assessment will be conducted to ensure interior noise reductions are met. As is relates to airport noise, the nearest airport is McClellan-Palomar Airport, which is approximately 4.0 miles southeast of the project site and is located outside of all CNEL noise contours outlined in the McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP) and included in the City's General Plan. g. Public Safety, Goal 6-G.1-The proposed project is not located in any Very High Fire Severity Zone, Flood Zones, or Earthquake Fault Zones. The proposed structural improvements would be required to meet all seismic design standards at time of building permit in accordance with the California Building Code. The Fire & Life Safety Division has approved the proposed conceptual building design with fire sprinklers included throughout per the National Fire Protection Association (NFPA) standards. In addition, an Alternative Means and Method Request (AM&M) plan has been reviewed and approved by the Fire & Life Safety Division (June 23, 2023) and will be implemented at the construction stage of development. h. Public Safety, Goal 6-G.4 -The proposed project will provide all supporting water infrastructure in accordance with Fire & Life Safety requirements; fire sprinklers are required and provided for all residential structures; and the dwelling units proposed by this project are all within a five minute emergency response time. In addition, the existing six- inch (6") diameter water line located within the Carlsbad Village Drive project frontage right-of-way is proposed to be replaced with a new eight-inch (8") diameter water line. i. Public Safety, Policy 6-P.6-The project has been conditioned to develop and implement a program of "best management practices" for the elimination and reduction of pollutants which enter and/or are transported within storm drainage facilities. j. Public Safety, Policy 6-P.34 -The project is required to comply with all Building and Fire codes to ensure that fire protection standards are met by the proposed structures. The Fire & Life Safety Division has approved conceptual building designs with fire sprinklers included throughout per the National Fire Protection Association (NFPA) standards. In addition, an Alternative Means and Method Request (AM&M) plan has been reviewed and approved by the Fire & Life Safety Division dated June 23, 2023 and shall be implemented at the construction stage of development. Therefore, the proposed project is consistent with the applicable fire safety requirements. k. Public Safety, Policy 6-P.39 -The project is required to construct or pay applicable fees for necessary improvements, public utilities, and facilities in accordance with Growth Management requirements; Fire Station No. 1, located less than 0.25-miles of the project site, is within emergency response timeframes; and the project design will not affect the city's ability to implement its Emergency Operations Plan. Improvements to existing utilities includes the replacement of an existing six-inch (6") diameter water line located within the Carlsbad Village Drive project frontage right-of-way with a new eight-inch (8") diameter water line. I. Sustainability, Policy 9-P.1 -The project implements and is consistent with measures identified in the Climate Action Plan (CAP) through the provision of renewable energy generation (photovoltaic systems), energy conservation (Green Building Code), and by accommodating Zero-Emission vehicles and other greenhouse gas reduction measures and features. At building permit, the project will also be reviewed for compliance with the CAP ordinances. m. Housing, Goal 10-G.3 -Per CMC Chapter 21.85, a project is required to provide 15% of the total residential units as affordable for lower income households. Pursuant to City Council Policy No. 57, the percentage can be reduced to 12.5% if the inclusionary units are very low or extremely low-income, the units are located on the same site as the market-rate units and the Developer is not requesting financial assistance from the city. The project proposes 27 very low-income units onsite, and the Developer is not requesting financial assistance from the city. In addition, the project is conditioned to enter into an Affordable Housing Agreement with the city to provide and deed restrict 27 dwelling units as affordable to very low-income households for 55 years, earning up to 50% of the area median income (AMI). n. Housing, Policy 10-G.2 and 10-P.15 -The proposed project will increase the diversity of housing in Carlsbad by adding 218 multiple-family apartment units to the city's housing inventory. In addition, the project will increase housing diversity by providing housing offered at a price affordable to very low-income households. The project is conditioned to enter into an Affordable Housing Agreement with the city to provide and deed restrict 27 dwelling units (12.5%) as affordable to very low-income households for 55 years, earning up to 50% of the area median income (AMI). Additionally, of those 27 affordable units, a minimum of three (3) units will have three-bedrooms, consistent with requirements of the city's lnclusionary Housing Ordinance. a. Housing, Policy 10-P.19 -The city currently has a jobs/housing ratio where there are more jobs than housing. The project replaces an existing commercial shopping center with a new mixed-use development consisting of 13,800 square feet of neighborhood-serving commercial and 218 multiple-family apartments (191 market rate and 27 affordable). The residential portion of this mixed-use project expands the city's affordable housing stock to assist in meeting its Regional Housing Needs Assessment and provides an adequate number of housing units to meet the needs of very low-income households. 10. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all city public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. c. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 11. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 12. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1. 13. That all necessary public facilities required by the Growth Management Ordinance will be constructed or are guaranteed to be constructed concurrently with the need for them created by this project and in compliance with adopted city standards. 14. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 15. The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15332 -In-fill Development Projects of the State CEQA Guidelines as an in-fill development project. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the State CEQA Guidelines do not apply to this project. No appeals were made to this determination; therefore, it is final. 16. 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 specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a parcel map, building or grading permit whichever occurs first. All references to the "Site Plan" reference the project plans dated Nov. 13, 2023 attached as Exhibits 14 and 15 of the Planning Commission Staff Report dated June 5, 2024. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the city's approval of this Site Development Plan. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 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 §66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly, from (a) city's approval and issuance of this Site Development Plan (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 (Project Site Plan or other), conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision making body. The copy shall be 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 or grading 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. 11. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFO #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1 pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 12. Developer shall submit to the city a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Site Development Plan 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. Prior to issuance of grading permit(s), developer shall make a separate formal landscape construction drawing plan check submittal to the Planning Division and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the city's Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. 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. Project has been granted additional units and waivers in accordance with density bonus provisions found in Government Code §65915 and Carlsbad Municipal Code {CMC) Chapter 21.86. Per density bonus definitions, the project had a calculation of 145 Base Units. Applicant requested a 50% increase which allows up to an additional 73 units for a total maximum project size of 218 units. Based on the requested density bonus, applicant must provide 15% of the Base Units to very low-income units, as defined by California Health and Safety Code §50053. The project must provide 22 density bonus affordable units based on calculations in Government Code §65915. Project is also subject to Carlsbad Municipal Code {CMC) Chapter 21.85, requiring 15% of the total residential units be affordable for lower income households. CMC Section 21.85.070 provides alternatives to construction of inclusionary units, including reducing the required number of inclusionary units to twelve and a half percent {12.5%) for projects that restrict all affordable units to extremely low or very-low-income households. Under this alternative, this project is providing very-low-income units pursuant to Government Code §65915, and therefore, the very-low-income inclusionary units shall be 12.5 percent of the total residential units approved by the final decision-making authority, including density bonus units. Therefore, the affordable units required by this code section is 27 units {218 x 0.125 = 27 .25 rounded down to 27). Per CMC Section 21.86.130 those affordable dwelling units provided to meet the inclusionary requirement established pursuant to CMC Chapter 21.85 shall be counted toward satisfying the density bonus requirements of this chapter. Twenty-two (22) of the 27 units can count towards the density bonus affordable requirement, as long as they meet the affordability requirement identified in Government Code §65915. 16. Developer shall construct the project's required affordable units concurrent with the project's market rate units in accordance with the unit type distribution identified below and in accordance with Section 21.85.lO0(C) of the Carlsbad Municipal Code (CMC). Affordable units within the project must be distributed evenly across various areas and floors, adhering to the guidelines of California Health and Safety Code Section 17929, rather than being concentrated in specific locations. Additionally, these affordable units should be equipped with equivalent amenities as those found in market rate units, in accordance with CMC 21.85.040 {G). Unit Type Total Units Market Rate Affordable Units Affordability Units Level Studio 15 13 2 50% One-bedroom 87 76 11 50% Two-bedroom 90 79 11 50% Three-bedroom 26 23 3 50% TOTALS: 218 units 191 units 27 units 17. Prior to the approval of the final map for any phase of this project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the city to provide and deed restrict 27 dwelling units as affordable to very-low-income households for 55 years, earning up to 50% of the area median income (AMI) in accordance with the requirements and process set forth in Chapters 21.85 and 21.86 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall be submitted to the City Planner no later than 60 days prior to the request to final the map and shall be recorded prior to issuance of the first building permit. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. 18. Prior to issuance of grading and building permits, Developer shall list the following condition on all grading and building permit construction plans. Construction activities shall take place during the permitted time and day per Carlsbad Municipal Code Chapter 8.48. Developer shall ensure that construction activities for the proposed project are limited to the hours from 7:00 a.m. to 6:00 p.m. Monday through Friday, and 8:00 a.m. to 6:00 p.m. on Saturdays; no work shall be conducted on Sundays or on federal holidays. 19. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the City Planner and Building Official. 20. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of an Outdoor Storage Plan, and thereafter comply with the approved plan. 21. Developer shall submit and obtain City Planner approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 22. Prior to issuance of the grading permit and removal of any trees within the public right-of-way, Developer shall inform the Carlsbad Parks and Recreation Department in writing of said requested removal(s) and obtain any required permits, to the satisfaction of the City Planner and Parks & Recreation Director. 23. Prior to issuance of a grading permit or the commencement of any ground-disturbing activities, whichever occurs first, Developer shall provide written confirmation to the City Planner that a qualified paleontologist has been retained to draft and implement a paleontological monitoring program in accordance with the provisions of the City of Carlsbad Tribal, Cultural, and Paleontological Resources Guidelines (September 2017) and as further detailed in the Paleontological Assessment (BFSA Environmental Services, May 23, 2023) prepared for the project. Prior to release of the grading bonds, the qualified paleontologist shall complete a report describing the methods and results of the paleontological monitoring and data recovery program and file a copy of the report at the San Diego Natural History Museum, to the satisfaction of the City Planner. 24. Prior to issuance of a grading permit or the commencement of any ground-disturbing activities, whichever occurs first, Developer shall: a. Retain the services of a qualified archaeologist who shall be on-site to monitor ground disturbing activities. In the event cultural resource material is encountered, the archaeologist is empowered to temporarily divert or halt grading to allow for coordination with the Luiseno Native American monitor and to determine the significance of the discovery. The archaeologist shall follow all standard procedures for cultural resource materials that are not Tribal Cultural Resources, in accordance with applicable laws and regulations including but not limited to the Carlsbad Tribal, Cultural and Paleontological Resources Guidelines (2017). b. Enter into a Pre-Excavation Agreement, otherwise known as a Triba l Cu ltural Resources Treatment and Triba l M onitoring Agreement, with the San Luis Rey Band of Mission Indians or other Luiseno Native American tribe that meets all standard requ irements of the tribe for such Agreements, in accordance with applicable laws and regul ations including but not limited to the Carlsbad Tribal, Cu ltural and Paleontologica l Resources Guideli nes (2017}. This agreement will address provision of a Luiseno Native American monitor and conta in provisions to address t he proper treatment of any Tribal Cu ltural Resources and/or Native American human remains inadvertently discovered during the course of the project. The agreement will outline the roles and powers of the Lu iseno Native American monitor and the archaeologist. 25 . Tier 4 or diesel construction equipment with diesel particulate filters shall be utilized for all construction activities. Grad ing and bui lding plans shall note this requirement and the Developer shall adhere to the condition for all construction phases of the project. Engineering: General 26. Prior to ha uling dirt or const ruction materials to or from any proposed construction site within t his project, developer shall apply fo r and obtain approval from, the City Engineer for the proposed haul route. 27. This project is approved upon the express condition that building permits will not be issued fo r the development of the subject property unless the District Engineer has determined that adequate water and sewer facilities are available at the t ime of permit issuance and will continue to be available until time of occupancy. 28. 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 wit hin this subdivision, including but not limited to private driveways, utilities, landscaping, trees, sidewalks, parking spaces, stormwater treatment quality treatment facilities and street lights located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision . The CC&Rs shall include a requirement to provide an annual ve rification of the effective operation and maintenance of each structural treatment control BMP in acco rdance with t he BMP maintenance agreement and the SWQMP . 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 . 29. Developer shall include rain gutters on the building plans subject to the City Engineer's review and approval. Developer shall install rain gutters in accordance with said plans. 30. Developer shall prepare, submit and process for City Engineer approval a ministerial Parcel Map. There shall be one Parcel Map recorded for this project. Developer shall pay the city standard map review plan check fees. 31. Develope r shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards or applicable standards within the Village & Barrio Master Plan, whichever is more restrictive. The property owner shall maintain this condition. 32. Developer shall submit to the City Engineer written approval from North County Transit District (NCTD) demonstrating mass-transit improvement requirements for this project have been satisfied. 33. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover, etc.) and irrigation along the parkway frontage with Carlsbad Village Drive and Oak Avenue as shown on the Site Plan. Fees/ Agreements 34. Developer shall cause property owner to execute and submit to the City Engineer for recordation, the city's standard form Geologic Failure Hold Harmless Agreement. 35. Developer shall cause property owner to execute and submit to the City Engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 36. Developer shall cause property owner to submit an executed copy to the City Engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement. Developer shall include all private permanent stormwater quality best management practices as well as maintenance of the public curb inlet on Oak Avenue that drains storm water to the treatment facility on site. 37. Developer shall cause property owner to apply for, execute, and submit, to the City Engineer for recordation, an Encroachment Agreement covering private storm drain located over the existing public right-of-way or easements as shown on the site plan. Developer shall pay processing fees per the city's FY 2022-23 fee schedule, which was effective at the time of the Senate Bill 330 (SB-330) preliminary housing development pre-application submittal date of March 22, 2023. 38. The developer may be eligible for a reimbursement agreement for the sewer main and water main replacement on Carlsbad Village Drive and Harding Street, for portions beyond the frontage of the project, as approved by the District Engineer in proportion to generation and use by the development. Grading 39. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports as required by City Engineer, post security and pay all applicable grading plan review and permit fees per the city's FY 2022-23 fee schedule, which was effective at the time of the Senate Bill 330 {SB-330) preliminary housing development pre-application submittal date of March 22, 2023. 40. 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. 41. Concurrent with the grading plans Developer shall include shoring plans as part of the grading plans to the satisfaction of the City Engineer and Building Official. Structural calculations for all shoring shall be submitted for review and approval by the building division. Developer shall pay all deposits necessary to cover any 3rd party review. Storm Water Quality 42. 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. 43. Developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during construction of the project to the maximum extent practicable. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's FY 2022-23 fee schedule, which was effective at the time of the Senate Bill 330 (SB-330) preliminary housing development pre- application submittal date of March 22, 2023. 44. This project is subject to 'Priority Development Project' requirements and Trash Capture Requirements. Developer shall prepare and process a Storm Water Quality Management Plan (SWQMP), subject to City Engineer approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP required by this condition shall be reviewed and approved by the City Engineer with final grading plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's FY 2022-23 fee schedule, which was effective at the time of the Senate Bill 330 (SB-330) preliminary housing development pre-application submittal date of March 22, 2023. 45. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control BMP and applicable hydromodification measures. Dedications/Improvements 46. Developer shall cause owner to submit to the City Engineer for recordation a covenant of easement for private reciprocal access, parking and drainage purposes as shown on the site plan. The offer shall be made by certificate on the parcel map or separate recorded document. Developer shall pay processing fees per the city's FY 2022-23 fee schedule, which was effective at the time of the Senate Bill 330 (SB-330) preliminary housing development pre-application submittal date of March 22, 2023. 47. Developer shall cause owner to dedicate to the city and/or other appropriate entities easements for public street and utility purposes as shown on the Site Plan: 8-foot wide along Carlsbad Village Drive, portions of Oak Avenue to construct a cul-de-sac, an unobstructed 4-foot wide fire access easement along the Hope Avenue Alley, a public drainage easement and a water easement for public water and access purposes as shown on the Site Plan. The offer shall be made by a certificate on the parcel 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. The city will also vacate a portion of the public right-of-way on Oak Avenue, as shown on the Site Plan. 48. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction of the City Engineer. All private drainage systems (12-inch diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 49. 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. 50. Developer shall prepare and process public improvement plans; and prior to City Engineer approval of said plans, shall execute a city standard Development Improvement Agreement to install and shall post security in accordance with Carlsbad Municipal Code Section 20.16.070 for public improvements shown on the site plan. Said improvements shall be installed to city standards to the satisfaction of the City Engineer. As shown on the Site Plan, these improvements include, but are not limited to: a. Replace curb, gutter, sidewalk and street trees on Carlsbad Village Drive. Install 10-foot wide sidewalk. b. Remove and install new ADA compliant driveways and curb ramps on Carlsbad Village Drive. c. Install an Americans with Disabilities Act (ADA) compliant bus stop pad, a bus stop shelter, a bench, trash receptacle, lighting, and connecting sidewalk along Carlsbad Village Drive. All bus stop furniture (i.e., shelter, bench, trash receptacle, etc.) shall consist of the brown color type to the satisfaction of the City Engineer and City Planner. d. Install curb, gutter, sidewalk, driveways and street trees along Oak Avenue. e. Replace 10-inch sewer main with new 12-inch PVC sewer main in Harding Street and rehabilitate manholes. Sewer replacement diameter to be confirmed by District Engineer during final engineering. f. Replace 6-inch VCP sewer main with new 8-inch PVC sewer main in Carlsbad Village Drive and rehabilitate manholes. Sewer replacement diameter to be confirmed by District Engineer during final engineering. g. Replace 6-inch AC waterline with new 8-inch PVC water main in Carlsbad Village Drive. Water replacement diameter to be confirmed by District Engineer during final engineering. h. Install 8-inch PVC Water in Oak Avenue as shown on the Site Plan. i. Install water services, fire Services and sewer services necessary to serve the project. j. Install water and sewer appurtenances generally, as shown on the Site Plan. k. Provide sewer bypass and water highline service during construction. I. Along project frontage, AC grind and overlay full width of Oak Avenue, south half of Carlsbad Village Drive and the east half of the Hope Avenue Alley. Outside of the project frontage, AC grind and overlay per Engineering Standards. m. Developer shall remove and replace structural section to meet Fire Department standards if existing structural section of t he Hope Avenue Alley is found to be insufficient. n. Develo per shall remove and replace existing pedestrian lighting on Carl sbad Village Drive in compliance with city standards. Additional public improvements required in other conditions of this resolution are he reby included in the above list by reference. Developer shall pay the standard improvement plan check and inspection fees in accordance with the city's FY 2022-23 fee schedule, which was effective at the time of the Senate Bill 330 (SB-330) preliminary housing development pre-application submittal date of March 22, 2023. 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. 51. Developer shall design, and obtain approval from the City Engineer, the structural section for the access aisles with a traffic index of 5.0 in accordance with city standards due to truck access through the parking area and/or aisles with an ADT greater than 500. Prior to completion of grading, the final structural pavement design of the aisle ways shall be submitted together with required R-value soil test informat ion subject to the review and approval of the City Engineer. 52. Developer is responsible to ensure all existing overhead utilities servicing the subject property are to be undergrounded as shown on the Site Plan and to the satisfaction of the City Engineer. No new or relocated utility poles are allowed. 53 . Developer is responsible to ensure utility transformers or raised water backflow preventers that serve this development are located outside the right-of-way as shown on the Site Plan and to the satisfaction of the City Engineer. These facilities shall be constructed within the property. 54 . Developer shall provide evidence of quitclaim all existing easements from San Diego Gas & Electric that are conflicting with the proposed design of this project. 55. Developer shall have the public improvement plans reviewed by a Certified Access Specialist person (CASp) for disabled accessibility compliance with local, state and federal regulations and submit a letter from the CASp confirming that the designed plans are in conformance with said regulations. Non-Mapping Notes 56. Add the following notes to the parcel map as non-mapping data: A. Developer has executed a city standard Development Improvement Agreement and has posted security in accordance with Carlsbad Municipal Code Section 20.16.070 to install public improvements shown on the Site Plan. As shown on the Site Plan, these improvements include, but are not limited to: a. Replace curb, gutter, sidewalk and street trees on Carlsbad Village Drive. b. Remove and install new ADA compliant driveways and curb ramps on Carlsbad Village Drive. Install 10-foot wide sidewalk. c. Install an American with Disabilities Act (ADA) compliant bus stop pad, a bus stop shelter, a bench, trash receptacle, lighting, and connecting sidewalk along Carlsbad Vill age Drive. All bus stop furn iture (i.e., she lter, bench, trash receptacle, etc.) shall consist of t he brown color type to the satisfaction of the City Engineer and City Plann er. d. Install curb, gutter, sidewalk, driveways and street trees along Oak Avenue. e. Rep lace 10-inch sewer main with new 12-inch PVC sewer main in Harding Street and rehabilitate manholes. Sewer rep lacement diameter to be confi rmed by District Engineer during final engineering. f. Re place 6-inch VCP sewer main with new 8-inch PVC sewer main in Carlsbad Village Drive and rehab ilitate manholes. Sewer replacement diameter to be confi rmed by District Engineer during fi nal engineering. g. Replace 6-inch AC waterline with new 8-inch PVC water main in Carlsbad Village Drive. Water replacement diameter to be con fi rmed by District Engineer during final engineering. h. Install 8-in ch PVC Water in Oak Avenue as shown on the Site Plan. i. Install water servi ces, fire Services and sewer services necessary to serve the project. j. Install water and sew er appurtenances, generally as shown on the Site Plan. k. Provide sewer bypass and water highline se rvice during construct ion. I. AC grind and overlay full width of Oak Avenue, sout h half of Ca rl sbad Village Drive, and east half of the Hope Avenue Alley. m. Developer shall remove and repl ace structural section to meet Fire Department standards if existing structural section of the Hope Avenu e Alley is found to be insufficient. n. De veloper shall remove and replace exi sting pedestrian lighting on Carlsbad Village Drive in compliance with city standards. B. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. C. Geotechnical Caution: a. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. D. No struc~ure, 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 the applicable standards within the Village & Barrio Master Plan, whichever is more restrictive. E. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the city approved development plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the city approved development plans. Utilities 57. 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. 58. Developer shall design and agree to construct public facilities within public right-of-way or within easements granted to the district or the City of Carlsbad as shown on the Site Plan. At the discretion of the district or City Engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. 59. Developer shall install potable water services and meters at locations approved by the District Engineer. The locations of said services shall be reflected on public improvement plans. 60. 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. 61. The developer shall design and agree to construct public water and sewer facilities substantially as shown on the Site Plan to the satisfaction of the District Engineer and City Engineer. 62. The potable water service for this project shall be master-metered which shall be located within a water easement subject to approval by the District Engineer. Developer shall install private sub- meters as necessary for all proposed units in the building. Final meter design, backflow preventer, size, and manufacturer shall be provided to the satisfaction of the District Engineer and shown on public improvement plans. 63. The developer shall modify as needed the existing sewer study, prepared by a registered engineer, that identifies the peak flows of the project, required pipe sizes, depth of flow in pipe, velocity in the main lines, and the capacity of the existing infrastructure to confirm final sewer main replacement diameter for construction plans. Fire & Life Safety: 64. The project is subject to an Alternate Materials & Methods Request approved by the Fire & Life Safety Division and dated June 23, 2023. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 65. Government Code Section 65589.5, subsection (o), states that, subject to certain exceptions and limitations, a housing development project shall be subject only to the ordinance, policies, and standards adopted and in effect when a complete preliminary application was submitted. The applicant submitted a complete SB 330 preliminary application for the project on March 22, 2023. 66. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the Carlsbad Municipal Code to the satisfaction of the City Engineer. 67. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the site plan are for planning purposes only. 68. Subdivider shall comply with Section 20.16.040(D) of the Carlsbad Municipal Code regarding the undergrounding of existing overhead utilities. 69. 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, exce pt as otherwise preempted by State law or specifically provided herein. 70. Any signs proposed for this development shall at a minimum be designed in conformance with the Village & Barrio Master Plan, shall require review and approval of the City Planner prior to installation of such signs. 71. Developer acknowledges that the project is required to comply with the city's greenhouse gas (GHG) reduction ordinances and requirements. GHG reduction requirements are in accordance with, but are not limited to, Carlsbad Municipal Code Chapters 18.21, 18.30, and 18.51 in addition to the California Green Building Standards Code (CCR, Title 24, Part 11-CALGreen), as amended from time to time. GHG reduction requirements may be different than what is proposed on the project plans or in the Climate Action Plan Checklist originally submitted with this project. Developer acknowledges that new GHG reduction requirements related to energy efficiency, photovoltaic, electric vehicle charging, water heating and traffic demand management requirements as set forth in the ordinances and codes may impact, but are not limited to, site design and local building code requirements. If incorporating GHG reduction requirements results in substantial modifications to the project, then prior to issuance of development (grading, building, etc.) permits, Developer may be required to submit and receive approval of a Consistency Determination or Amendment for this project through the Planning Division. Compliance with the applicable GHG reduction requirements must be demonstrated on or with the construction plans prior to issuance of the applicable development permits. NOTICE 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 §66020(a) and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on July 17, 2024, by the following vote, to wit: AYES: Danna, Hubinger, Meenes, Merz, Stine NAYES: Kamenjarin, Lafferty ABSENT: None. ABSTAIN: None. WILLIAM KA CARLSBAD P ATTEST: t,,,i,c� ERIC LARDY City Planner