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HomeMy WebLinkAbout2024-08-21; Planning Commission; Resolution 7519PLANNING COMMISSION RESOLUTION NO 7519. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT PERMIT, SITE DEVELOPMENT PLAN, COASTAL DEVELOPMENT PERMIT, NONCONFORMING CONSTRUCTION PERMIT, AND MINOR SUBDIVISION TO DEMOLISH AN EXISTING THREE-UNIT, RESIDENTIAL AIR-SPACE CONDOMINIUM AND CONSTRUCT A NEW THREE-UNIT, RESIDENTIAL AIR­ SPACE CONDOMINIUM PROJECT ON A 0.16-ACRE SITE LOCATED AT 2685, 2687, AND 2689 GARFIELD STREET, WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: CASE NO.: THREE ON GARFIELD PUD 2021-0003/SDP 2021-0008/CDP 2021-0010/NCP 2021-0001/MS 2023-0002 (DEV2020-0205) WHEREAS, Renee Wailes, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as PARCEL 1, IN THE CTY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON PARCEL MAP NO. 12124, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 20, 1982 ("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 Aug. 21, 2024, on file in the Planning Division, PUD 2021-0003/SDP 2021- 0008/CDP 2021-0010/NCP 2021-0001/MS 2023-0002 (DEV2020-0205) -THREE ON GARFIELD, 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 Aug. 21, 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. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES PUD 2021-0003/SDP 2021-0008/CDP 2021-0010/NCP 2021-0001/MS 2023-0002 (DEV2020-0205) -THREE ON GARFIELD, based on the following findings and subject to the following conditions: Findings: Planned Development Permit (PUD 2021-0003) 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 pursuant to Carlsbad Municipal Code (CMC) Section 21.48.0S0(E), a nonconforming residential use that is proposed to be voluntarily demolished may be replaced subject to issuance of all required discretionary and building permits and provided that an application for a nonconforming construction permit is submitted and the decision-maker approves the findings of fact pursuant to CMC Section 21.48.080.D prior to the date of the demolition. the project is consistent with all development and design standards applicable to the property as contained in Chapters 21.16 (Multiple-Family Residential) 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 three-unit residential air-space condominium project is compatible with the surrounding single-, two-and multi-family residential uses as permitted by the Multiple-Family Residential (R-3) Zone; and does not create any traffic circulation impacts as Beech Avenue is adequately designed to accommodate the 24 average daily trips (ADT) being generated. 3. The project will not adversely affect the public health, safety, or general welfare, in that the three- unit residential air-space condominium project has been designed to comply with all applicable development standards to ensure compatibility with surrounding single-, two-and multi-family residential uses. Additionally, the proposed structural improvements will be required to comply with all seismic design standards as well as all applicable fire safety requirements. 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 three-unit, three-story residential air-space condominium project is architecturally harmonious with the surrounding environment in that it is designed with a modern-beach influence. Primary building materials include fiber-concrete panels, synthetic wood-grain siding, stone veneer, and stucco. Other finishes include glass balcony railings, black vinyl recessed windows, and a 3:12 pitch asphalt-shingle roof. All elements (i.e. site layout, architecture, landscaping) create continuity in the overall project design. Site Development Plan (SDP 2021-0008} 5. That the requested use is properly related to the site, surroundings and environmental settings, is consistent with the various elements and objectives of the General Plan, will not be detrimental to existing uses or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the site is surrounded by a mix of existing single-, two-and multiple-family residential developments. The proposed three-unit condominium project has a density of 18.75 du/ac, which exceeds the R-15 Residential (8-15 du/ac) General Plan Land Use designation. However, pursuant to Carlsbad Municipal Code (CMC} Section 21.48.050(E), a nonconforming residential use that is proposed to be voluntarily demolished may be replaced subject to issuance of all required discretionary and building permits and provided that an application for a nonconforming construction permit is submitted and the decision-maker approves the findings of fact pursuant to CMC Section 21.48.080.D prior to the date of the demolition. 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 staff report. The proposed three-unit residential condominium will not be detrimental to existing uses or to uses specifically permitted in the area in that air-space condominiums are a use permitted within the Multiple-Family Residential (R-3} Zone and is compatible with the other residential uses surrounding the project site, including single-, two- and multiple-family residential. The three-unit residential air-space condominium project will not adversely impact the site, surroundings, or traffic circulation in that the existing surrounding streets have adequate capacity to accommodate the 24 Average Daily Trips (ADT) generated by the project; the project complies with all minimum development standards of the Carlsbad Municipal Code, including but not limited to the Multiple-Family Residential (R-3} Zone, Beach Area Overlay Zone (BAOZ}, and the Planned Development Ordinance. Additionally, the project provides adequate parking onsite and does not result in any environmental impacts. 6. That the site for the intended use is adequate in size and shape to accommodate the use, in that the three-unit residential air-space condominium project complies with all applicable development standards (i.e. setbacks, lot coverage, parking, and height restrictions) of the Multiple-Family Residential (R-3} Zone, the Beach Area Overlay Zone (BAOZ), and the Planned Development Ordinance as demonstrated in the project staff report. 7. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained, in that as demonstrated in the project staff report the three-unit residential air- space condominium project complies with all applicable development standards (i.e. setbacks, lot coverage, parking, and height restrictions) of the Multiple-Family Residential (R-3) Zone, the Beach Area Overlay Zone (BAOZ), and the Planned Development Ordinance. Landscaping along Garfield Street and Beech Avenue will be provided consistent with the requirements of the city's Landscape Manual. In addition to the above, privacy walls/fences on the property will be provided and maintained. 8. That the street systems serving the proposed use are adequate to properly handle all traffic generated by the proposed use, in that the three-unit residential air-space condominium project will be accessed via Beech Avenue, which is identified as a local street and is designed to adequately handle the 24 Average Daily Trips (ADT) generated by the project. Beech Avenue is already improved with pavement, curb, gutter and sidewalks. Coastal Development Permit (CDP 2021-0010) 9. That the proposed development is in conformance with the Mello II Segment of the Certified Local Coastal Program (LCP) and all applicable policies, in that the site is designated R-15 Residential (8-15 du/ac) for single-, two-and multi-family residential development by the Mello II LCP. The proposed three-unit condominium project has a density of 18.75 du/ac, which exceeds the R-15 Residential (8-15 du/ac) General Plan Land Use designation. However, pursuant to Carlsbad Municipal Code (CMC) Section 21.48.050(E), a nonconforming residential use that is proposed to be voluntarily demolished may be replaced subject to issuance of all required discretionary and building permits and provided that an application for a nonconforming construction permit is submitted and the decision-maker approves the findings of fact pursuant to CMC Section 21.48.080.D prior to the date of the demolition. The proposed three-story project will not obstruct views of the coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone. No agricultural uses currently exist on the site, nor are there any sensitive resources located on the property. In addition, the proposed three-unit residential condominium project is not located in an area of known geologic instability or flood hazards. Since the site does not have frontage along the coastline, no public opportunities for coastal shoreline access are available from the subject site. Furthermore, the residentially designated site is not suited for water-oriented recreation activities. 10. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the property is not located adjacent to the shoreline. Therefore, the three- unit residential air-space condominium project will not interfere with the public's right to physical access to the ocean and, furthermore, the residentially designated site is not suited for water-oriented recreation activities. 11. That the project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the three-unit residential air-space condominium project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants, and soil erosion. No undevelopable steep slopes or native vegetation is located on the subject property and the previously graded site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 12. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X of the Land Use Plan, certified September 1990 and Agricultural Conversion Mitigation Fees are not required in accordance with the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance). Nonconforming Construction Permit (NCP 2021-0001) 14. The expansion/replacement of the structure and/or use would not result in an adverse impact to the health, safety and welfare of surrounding uses, persons or property in that the proposed replacement of the structure is located on a property which has been developed with a three- unit condominium since the 1982 and the proposed project proposes to continue the property's current use as a three-unit condominium. The proposed three-unit condominium meets all current development standards including building height, lot coverage, setback, and parking requirements. 15. The area of expansion shall comply with all current requirements and development standards of the zone in which it is located, except as provided in Section 21.48.0S0(A)(3) of this chapter in that the proposed three-unit condominium meets all current development standards including building height, lot coverage, setback, and parking requirements. 16. The expansion/replacement structure shall comply with all current fire protection and building codes and regulations contained in Titles 17 and 18 in that a building permit issued by the City of Carlsbad is required for this project and the building plans will be reviewed for consistency with applicable fire protection and building codes prior to issuance. Furthermore, the project will undergo standard building inspection procedures during the construction of all improvements to the site. 13. The expansion/replacement would result in a structure that would be considered an improvement to, or complementary to and/or consistent with the character of the neighborhood in which it is located in that the property will continue to be used as a three-unit condominium, which is consistent with the neighborhood in which it is located. The site is surrounded by a mix of existing single-, two-and multiple-family residential developments. The proposed structure is architecturally harmonious with the surrounding environment in that it is designed with a modern-beach influence. Primary building materials include fiber-concrete panels, synthetic wood-grain siding, stone veneer, and stucco. Other finishes include glass balcony railings, black vinyl recessed windows, and a 3:12 pitch asphalt-shingle roof. All elements (i.e. site layout, architecture, landscaping) create continuity in the overall project design. Minor Subdivision (MS 2023-0002) 14. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code and the State Subdivision Map Act, and will not cause serious public health problems, in that the three-unit residential air-space condominium project created through the minor subdivision satisfies all the minimum requirements of Title 20 and has been designed to comply with other applicable regulations including the Multiple-Family Residential (R-3) Zone, the Beach Area Overlay Zone, the Planned Development Ordinance, and Growth Management Ordinance. Although the three-unit condominium project has a density of 18.75 du/ac, which exceeds the R-15 Residential (8-15 du/ac) General Plan Land Use designation, the Carlsbad Municipal Code (CMC) Section 21.48.050(E), allows for a nonconforming residential use that is proposed to be voluntarily demolished to be replaced subject to issuance of all required discretionary and building permits and provided that an application for a nonconforming construction permit is submitted and the decision-maker approves the findings of fact pursuant to CMC Section 21.48.080.D prior to the date of the demolition. 15. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated R-15 Residential, for residential development at a density of 15-23 dwelling units per acre or have a designation for higher residential density. Furthermore, the proposed structure will be located on a property which has been developed with a three-unit condominium since the 1982 and the proposed project proposes to continue the property's current use as a three-unit condominium. The proposed three-unit condominium meets all current development standards including building height, lot coverage, setback, and parking requirements. 16. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed in that all required development standards and design criteria required by the Multiple-Family Residential (R-3) Zone, the Planned Development Ordinance, and the Beach Area Overlay Zone are incorporated into the three-unit residential air-space condominium project. 17. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the three-unit residential air-space condominium project has been designed and conditioned so that there are no conflicts with established easements and no additional right-of-way is required. 18. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 19. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that the new residential units are designed to include a balcony and operable windows oriented to maximize exposure of the unit to natural light and ventilation from nearby coastal breezes. 20. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources. 21. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish and wildlife or their habitat, in that the three-unit residential air-space condominium project site has been previously developed and is surrounded by existing development. 22. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the three-unit residential air-space condominium project will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants, and soil erosion. General 18. 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 Aug. 21, 2024, including, but not limited to the following: a. Land Use & Community Design -The proposed three-unit residential infill development makes efficient use of the existing lot in that it maintains the number of dwelling units that currently exist on the site. A three-unit development is compatible with the surrounding development. The three-unit residential project has a density of 18.75 dwelling units per acre, which exceeds the R-15 Residential (8-15 du/ac) General Plan Land Use designation. However, pursuant to Carlsbad Municipal Code (CMC) Section 21.48.050(E), a nonconforming residential use that is proposed to be voluntarily demolished may be replaced subject to issuance of all required discretionary and building permits and provided that an application for a nonconforming construction permit is submitted and the decision- maker approves the findings of fact pursuant to CMC Section 21.48.080.D prior to the date of the demolition. b. Mobility -The proposed project has been designed to meet all of the circulation requirements, including a single driveway access point off Beech Avenue. In addition, the applicant will be required to pay traffic impact fees prior to issuance of building permit that will go toward future road improvements. c. Noise -The proposed project is consistent with the Noise Element of the General Plan in that the structure will comply with Title 24 requirements and is more than 500 feet away from a noise-producing transportation corridor. d. Housing -The project is not conditioned to pay an in-lieu fee Payment of in-lieu housing fee because the proposal to demolish the existing three-unit condominium and construct a new three-unit residential condominium does not increase the number of units on the property. e. Public Safety -The proposed structural improvements will be required to be designed in conformance with all seismic design standards. In addition, the project is consistent with all of the applicable fire safety requirements. 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 19. 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. 20. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 23. 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, 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, Nonconforming Construction 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, Nonconforming Construction Permit, and Minor Subdivision documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly, from (a) city's approval and issuance of this Planned Development Permit, Site Development Plan, Coastal Development Permit, Nonconforming Construction 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 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, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 12.Prior to the issuance of the grading permit, 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, Nonconforming Construction Permit, and Minor Subdivision by Resolution(s) No. 7519 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 submit and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the City's Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. 14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. 15. Developer shall establish a homeowner's association and corresponding covenants, conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner prior to final parcel map approval. 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. At a minimum, the CC&Rs shall contain the following provisions: a. General Enforcement by the City: The City shall have the right, but not the obligation, to enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. b. Notice and Amendment: A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. c. Failure of Association to Maintain Common Area Lots and Easements: In the event that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article ___ ~ Section _____ the city shall have the right, but not the duty, to perform the necessary maintenance. If the city elects to perform such maintenance, the city shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the city finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association's Easements within the period specified by the city's notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. d. Special Assessments Levied by the City: In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association's Easements, the city shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association's Easements. The city shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the city will pursue 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 issuance of building permits, 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. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 18. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. 19. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax orfee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the City Planner and shall at least include a handout and a sign inside the sales facility stating the fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. 20. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the City Planner, in the sales office or inside each unit, at all times. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks, and streets. 21. Developer shall post a sign in the sales office, or inside each unit, in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. 22. Developer shall submit and obtain City Planner approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 23. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application, any change in the telecommunications provider, or any transfer in ownership of the site. Engineering: General 24. 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. 25. 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. 26. Developer shall submit to the city engineer an acceptable instrument, via CC&Rs and/or other recorded document, addressing the maintenance, repair, and replacement of shared private improvements within this subdivision, including but not limited to private utilities, sidewalks, landscaping, permeable pavers, retaining walls, low impact development features and storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. 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 Site Plan, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports as required by city engineer, post security and pay all applicable grading plan review and permit fees per the city's latest fee schedule. 31. Prior to approval of the grading plans, the applicant shall submit a Construction Plan to the city engineer for review and approval. Said Plan may be required to include, but not be limited to, identifying the location of the construction trailer, material staging, material deliveries, bathroom facilities, parking of construction vehicles, employee parking, construction fencing and gates, obtaining any necessary permission for off-site encroachment, addressing pedestrian safety, and identifying time restrictions for various construction activities. All material staging, construction trailers, bathroom facilities, etc. shall be located outside the public right-of-way unless otherwise approved by the city engineer or Construction Management & Inspection engineering manager. Storm Water Quality 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. 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 35. Developer shall design the private drainage systems, as shown on the Site Plan to the satisfaction of the city engineer. All private drainage systems (12" diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. 36. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a right-of-way permit to the satisfaction of the city engineer. 37. Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, shall execute a city standard Development Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the Site Plan. Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: A. Curb and gutter B. Sidewalk C. Sewer laterals D. Water services/meters E. Sidewalk drains F. Asphalt concrete pavement G. Curb Ramp 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. 38. Developer is responsible to ensure utility transformers or raised water backflow preventers that serve this development are located outside the right-of-way as shown on the Site Plan and to the satisfaction of the city engineer. These facilities shall be constructed within the property. Utilities 39. 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. 40. Developer shall design and agree to construct public facilities within public right-of-way or within minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the discretion of the district or city engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. 41. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. 42. The developer shall agree to install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans. 43. The developer shall design and agree to construct public water, sewer, and recycled water facilities substantially as shown on the Site Plan to the satisfaction of the district engineer and city engineer. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 44. 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. 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 park-in-lieu fees to the City, prior to the approval of the final parcel map as required by Chapter 20.44 of the Carlsbad Municipal Code. 47. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050. 48. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 49. 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. 50. The project shall comply with the latest nonresidential disabled access requirements pursuant to Title 24 of the California Building Code. 51. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 52. Developer acknowledges that the project is required to comply with the city's greenhouse gas (GHG) reduction ordinances and requirements. GHG reduction requirements are in accordance with, but are not limited to, Carlsbad Municipal Code Chapters 18.21, 18.30, and 18.51 in addition to the California Green Building Standards Code (CCR, Title 24, Part 11-CALGreen), as amended from time to time. GHG reduction requirements may be different than what is proposed on the project plans or in the Climate Action Plan Checklist originally submitted with this project. Developer acknowledges that new GHG reduction requirements related to energy efficiency, photovoltaic, electric vehicle charging, water heating and traffic demand management requirements as set forth in the ordinances and codes may impact, but are not limited to, site design and local building code requirements. If incorporating GHG reduction requirements results in substantial modifications to the project, then prior to issuance of development (grading, building, etc.) permits, Developer may be required to submit and receive approval of a Consistency Determination or Amendment for this project through the Planning Division. Compliance with the applicable GHG reduction requirements must be demonstrated on or with the construction plans prior to issuance of the applicable development permits. NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of 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.