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HomeMy WebLinkAbout2018-08-15; Planning Commission; ; CT 2018-0001/PUD 2018-0001/CDP 2018-0003 (DEV2017-0221) -WALNUT BEACH HOMES Item No. Application complete date: June 12, 2018 P.C. AGENDA OF: August 15, 2018 Project Planner: Chris Garcia Project Engineer: Tim Carroll SUBJECT: CT 2018-0001/PUD 2018-0001/CDP 2018-0003 (DEV2017-0221) – WALNUT BEACH HOMES – Request for approval of a Tentative Tract Map, Planned Development Permit and Coastal Development Permit to allow the demolition of two existing residential units and the development of an 11-unit, residential air-space condominium project on a 0.57- acre site located at 362 Walnut Avenue, within the Mello II Segment of the Local Coastal Program and within Local Facilities Management Zone 1. The project site is not within the appealable area of the California Coastal Commission. The City Planner has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15332 “In-Fill Development Projects” of the State CEQA Guidelines and will not have any adverse significant impact on the environment. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7307 APPROVING Tentative Tract Map CT 2018-0001, Planned Development Permit PUD 2018-0001, and Coastal Development Permit CDP 2018-0003, based upon the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND The applicant proposes to demolish two existing residential units and construct an 11-unit residential air- space condominium project on a 0.57-acre site located at 362 Walnut Avenue. Topographically, the site is generally flat and presently developed with two residential units. The development proposes five buildings consisting of one to three residential units each. The condominium project requires the processing and approval of a Tentative Tract Map, Planned Development Permit and Coastal Development Permit. The proposed project contains a paved drive-aisle down the center of the site, with five units on the east side and six units on the west side of the drive-aisle. Each home includes an attached two-car garage with a direct entrance into the unit. All 11 units contain three bedrooms and three and a half bathrooms, and range in size from 1,901 square feet to 2,072 square feet. All units are three stories with an overall building height of 30 feet as measured from the new finished grade. The finished grade for measuring building height is being established slightly higher than the existing grade for a uniform design and for drainage purposes. All units include a private deck area off the second and third floors, as well as an exclusive use yard at the ground level. The underlying lot will be held in common interest divided between the 11 air- space condominiums. The common area includes, but is not limited to, the private drive aisle, guest parking spaces, and landscaped areas. The architectural character of the project is a beach contemporary style featuring simple rectangular massing, with shed and gable roofs. Primary building materials include light gray and medium gray smooth stucco, horizontal metal panel siding, and white painted wood fascia boards. Composite asphalt shingles cover a 3:12-pitched roof on each building. 4 CT 2018-0001/PUD 2018-0001/CDP 2018-0003 – WALNUT BEACH HOMES August 15, 2018 Page 2 Table “A” below includes the General Plan Land Use designations, zoning and current land uses of the project site and surrounding properties. TABLE A – SURROUNDING LAND USE Location General Plan Designation Zoning Current Land Use Site R-23 Residential 15-23 du/ac with a Growth Management Control Point (GMCP) of 19 du/ac. Multiple-Family Residential (R-3) Zone Two detached residential units North R-23 Residential R-3 Multi-Family Residential South R-23 Residential R-3 Multi-Family Residential East R-23 Residential R-3 Multi-Family Residential West R-23 Residential R-3 Multi-Family Residential Table “B” below includes the project site’s gross and net acreage, the number of dwelling units allowed by the General Plan’s Growth Management Control Point (GMCP) density and the proposed project’s number of dwelling units and density. TABLE B – PROPOSED DENSITY Gross Acres Net Acres (for density calculation) DUs Allowed at GMCP Density DUs Proposed and Project Density 0.57 acres 0.57 acres 11 units 11 units at 19.3 du/ac. In order to meet the city’s Inclusionary Housing requirements, the project is conditioned to purchase two inclusionary housing credits prior to final map approval. Grading quantities include 675 cubic yards (c.y.) of cut, 125 c.y. of fill, 550 c.y. of export and 1,700 c.y. of remedial grading. The project meets the city’s standards for planned developments and subdivisions, and as designed and conditioned, complies with the General Plan, Subdivision Ordinance, and relevant zoning regulations of the Carlsbad Municipal Code (CMC). III. ANALYSIS The project is subject to the following regulations: A. R-23 Residential General Plan Land Use designation; B. Multiple-Family Residential (R-3) Zone, Planned Development Regulations and Beach Area Overlay Zone (BAOZ) (CMC Chapters 21.16, 21.45 and 21.82); C. Coastal Development Regulations for the Mello II Segment of the Local Coastal Program (CMC Chapter 21.201) and the Coastal Resource Protection Overlay Zone (CMC Chapter 21.203); D. Subdivision Ordinance (CMC Title 20); E. Inclusionary Housing Ordinance (CMC Chapter 21.85); and F. Growth Management Ordinance (CMC Chapter 21.90) and Zone 1 Local Facilities Management Plan. CT 2018-0001/PUD 2018-0001/CDP 2018-0003 – WALNUT BEACH HOMES August 15, 2018 Page 3 The recommendation for approval of this project was developed by analyzing the project’s consistency with the applicable regulations and policies. The project’s compliance with each of the above regulations is discussed in detail in the sections below. A. R-23 Residential General Plan Land Use Designation The General Plan Land Use designation for the property is R-23 Residential, which allows residential development at a density range of 15-23 dwelling units per acre (du/ac) with a Growth Management Control Point (GMCP) of 19 du/ac. The project site has a net developable acreage of 0.57 acres. At the GMCP, 11 dwelling units would be permitted on this 0.57-net-developable-acre property (10.8 dwelling units rounded up to 11 dwelling units). Therefore, the residential development complies with the R-23 General Plan Land Use designation for density. Additionally, the project complies with the Elements of the General Plan as outlined in Table “C” below: TABLE C – GENERAL PLAN COMPLIANCE ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Land Use Policy 2-P.7 Do not permit residential development below the minimum of the density range except in certain circumstances. Policy 2-P.8 Do not permit residential development to exceed the applicable Growth Management Control Point (GMCP) density unless certain findings are made. The 11-unit residential project density of 19.3 du/ac is within the R- 23 Residential density range and consistent with the GMCP unit yield of 11 units. Yes Mobility Policy 3-P.5 Require developers to construct or pay their fair share toward improvements for all travel modes consistent with the Mobility Element, the Growth Management Plan, and specific impacts associated with their development. Goal 3-G.3 Provide inviting streetscapes that encourage walking and promote livable streets. The proposed project has been designed to meet applicable circulation requirements, which include a single driveway access point from Walnut Avenue. In addition, the applicant will be required to pay traffic impact fees prior to issuance of a building permit that will go towards future road improvements. The proposed project will maintain an existing sidewalk along Walnut Avenue and will provide pedestrian access to and from the project. Yes Public Safety Goal 6-G.1 Minimize injury, loss of life, and damage to property resulting from fire, flood, hazardous material release, or seismic disasters. The proposed structural improvements are required to be designed in conformance with all seismic design standards. In addition, the proposed project is consistent with all the applicable fire safety requirements. Yes CT 2018-0001/PUD 2018-0001/CDP 2018-0003 – WALNUT BEACH HOMES August 15, 2018 Page 4 ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY Policy 6-P.6 Enforce the requirements of Titles 18, 20, and 21 pertaining to drainage and flood control when reviewing applications for building permits and subdivisions. Policy 6-P.34 Enforce the Uniform Building and Fire codes, adopted by the city, to provide fire protection standards for all existing and proposed structures. Policy 6-P.39 Ensure all new development complies with all applicable regulations regarding the provision of public utilities and facilities. Further, the project has been conditioned to develop and implement a program of “best management practices” for the elimination and reduction of pollutants which enter into and/or are transported within storm drainage facilities. Yes Noise Goal 5-G.2 Ensure that new development is compatible with the noise environment, by continuing to use potential noise exposure as a criterion in land use planning. Policy 5.P.2 Require a noise study analysis be conducted for all discretionary development proposals located where projected noise exposure would be other than “normally acceptable.” The project consists of 11 residential condominiums located in five buildings. A noise study by Birdseye Planning Group, LLC, dated December 2017, was provided. The exterior required private recreation areas are below the maximum 60 dB(a) CNEL noise level and, therefore, comply. The windows of each residential unit will need to be closed to meet a 45 dB(a) CNEL interior noise level. Therefore, mechanical ventilation is required. In addition, the project is conditioned to comply with the construction requirements of the aforementioned noise study. Yes Housing Program 3.1 The Inclusionary Housing Ordinance requires that a minimum of 15 percent of all ownership projects of seven units or more be restricted and affordable to lower income households. The city’s Housing Policy Team reviewed the proposed 11-unit project and recommended the applicant purchase two inclusionary housing credits in the Tavarua Affordable Housing Project to fulfill the project’s affordable housing requirement. The purchase of two affordable housing credits is supported since higher land costs near the beach make it difficult to integrate two affordable units into the proposed market development Yes CT 2018-0001/PUD 2018-0001/CDP 2018-0003 – WALNUT BEACH HOMES August 15, 2018 Page 5 ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY given the significant price and product type disparity. Furthermore, the purchase of two affordable housing credits supports the city’s Housing Trust Fund that is dedicated to the development, preservation, and rehabilitation of affordable housing in the city. The project has been conditioned to require the approval of an Affordable Housing Agreement prior to approval of the final map. B. Multiple-Family Residential (R-3) Zone, Planned Development Regulations, and Beach Area Overlay Zone (BAOZ) The proposed project is required to comply with all applicable use and development standards of the Carlsbad Municipal Code (CMC) including the Multiple-Family Residential (R-3) Zone (CMC Chapter 21.16), Planned Developments (CMC Chapter 21.45), and the Beach Area Overlay Zone (BAOZ) (CMC Chapter 21.82). The 11-unit residential air-space condominium project meets or exceeds the requirements of the R-3 Zone and the BAOZ as outlined in Table “D” below. The Planned Development regulations provide most of the development standards except for those listed in the table below. The project complies with all applicable development standards for Planned Developments (CMC Chapter 21.45). Please refer to Attachment Nos. 4 and 5 (Exhibits “A” and “B”) for an analysis of project compliance with Tables C and E of the Planned Development regulations and full compliance with City Council Policy No. 66. TABLE D – R-3 AND BAOZ COMPLIANCE R-3 Standards Required Proposed Comply Setbacks Interior Side: 10% Lot Width – 10’ Rear: 20% Lot Width – 20’ Sides: 10’ Rear: 20’ Yes Lot Coverage 60% 46.3% Yes BAOZ Standards Required Proposed Comply Building Height 30 feet with a minimum 3:12 roof pitch provided or 24 feet if less than a 3:12 roof pitch is provided Roof Peak = 30’ with 3:12 roof pitch Yes CT 2018-0001/PUD 2018-0001/CDP 2018-0003 – WALNUT BEACH HOMES August 15, 2018 Page 6 C. Coastal Development Regulations for the Mello II Segment of the Local Coastal Program (CMC 21.201) and the Coastal Resource Protection Overlay Zone (CMC 21.203) 1. Mello II Segment of the Certified Local Coastal Program and all applicable policies The proposed site is in the Mello II Segment of the Local Coastal Program (LCP) and is not within the appealable area of the California Coastal Commission. The project site has an LCP Land Use designation of R-23 Residential and Zoning of R-3, which are consistent with the city’s General Plan and Zoning. The project’s consistency with the R-23 General Plan Land Use designation is analyzed in Section “A,” Table “C” above. The project consists of the demolition of two existing residential units and the construction of 11 detached, air-space condominiums. The proposed project is compatible with the surrounding development of residential structures. The three-story structures will not obstruct views of the coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of the Coastal Zone. No agricultural uses currently exist on the previously graded site, nor are there any sensitive resources located on-site. The proposed project is not located in an area of known geologic instability or flood hazard. Since the site does not have frontage along the coastline, no public opportunities for coastal shoreline access are available from the subject site. Furthermore, the residentially-designated site is not suited for water-oriented recreation activities. 2. Coastal Resource Protection Overlay Zone The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (CMC Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the city’s Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban run-off, pollutants and soil erosion. The subject property does not include steep slopes (equal to or greater than 25 percent gradient) nor native vegetation. In addition, the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. D. Subdivision Ordinance The Land Development Engineering Division has reviewed the proposed Tentative Tract Map and has found that the subdivision complies with all applicable requirements of the Subdivision Map Act and the city’s Subdivision Ordinance (Title 20) for Major Subdivisions. The subdivision is considered major because it involves the division of land into five or more condominiums (11 condominiums proposed). The project has been conditioned to install all infrastructure-related improvements and the necessary easements for these improvements concurrent with the development. E. Inclusionary Housing Ordinance The city’s Housing Policy Team has reviewed the project and recommended that the developer purchase two affordable housing credits in lieu of providing affordable units on-site. The purchase of two affordable housing credits is supported since higher land costs near the beach make it difficult to integrate two affordable units into the proposed market development given the significant price and product type disparity. Furthermore, the purchase of two affordable housing credits supports the city’s Housing Trust Fund that is dedicated to the development, preservation, and rehabilitation of affordable housing in the CT 2018-0001/PUD 2018-0001/CDP 2018-0003 – WALNUT BEACH HOMES August 15, 2018 Page 7 city. The two affordable housing credits are available for purchase from the Tavarua Affordable Housing Project. As required by CMC Chapter 21.85, the project has been accordingly-conditioned to require the approval of an Affordable Housing Agreement prior to approval of the final map. F. Growth Management The proposed project is located within Local Facilities Management Zone 1 in the Northwest Quadrant of the city. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table “F” below. TABLE F – GROWTH MANAGEMENT COMPLIANCE STANDARD IMPACTS COMPLIANCE City Administration 38.9 sq. ft. Yes Library 20.8 sq. ft. Yes Waste Water Treatment 11 EDU Yes Parks 0.08 acre Yes Drainage 1.22 CFS Yes Circulation 88 ADT Yes Fire Station No. 1 Yes Open Space N/A N/A Schools Carlsbad (E=0.99/M=0.44/HS = 0.54) Yes Sewer Collection System 11 EDU Yes Water 2,750 GPD Yes The project proposes 11 dwelling units and the unit yield at the GMCP of the property is 11 dwelling units. Therefore, the project complies with the Growth Management Ordinance and no units will be deposited or withdrawn from the city’s Excess Dwelling Unit Bank. IV. ENVIRONMENTAL REVIEW The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemption of the State CEQA Guidelines. The project is consistent with the General Plan as well as with the Zoning Ordinance, the project site is within the city limits, is less than five acres in size, and is surrounded by urban uses; there is no evidence that the site has value as habitat for endangered, rare, or threatened species; approval of the project will not result in significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services. 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, including “historical resources”, since the existing structures are not included in a local register of historical resources, have not been found to be historically significant, and do not meet the criteria for listing on the California Register of Historical Resources (see Errata Sheet). A Notice of Exemption will be filed by the City Planner upon final project approval. The 11-unit condominium project is not subject to Climate Action Plan measures because the project is below the 70-unit multi-family housing screening threshold listed in the city’s Climate Action Plan (Section 5.3). CT 2018-0001/PUD 2018-0001/CDP 2018-0003 – WALNUT BEACH HOMES August 15, 2018 Page 8 ATTACHMENTS: 1. Planning Commission Resolution No. 7307 2. Location Map 3. Disclosure Statement 4. Exhibit “A” – Planned Development Tables C & E 5. Exhibit “B” – City Council Policy No. 66 Compliance Table 6. Reduced Exhibits 7. Full Size Exhibits “A” – “DD” dated August 15, 2018 ATTACHMENT 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING TENTATIVE TRACT MAP CT 2018- 0001, PLANNED DEVELOPMENT PERMIT PUD 2018-0001 AND COASTAL DEVELOPMENT PERMIT CDP 2018-0003 TO ALLOW THE DEMOLITION OF TWO EXISTING RESIDENTIAL UNITS AND THE DEVELOPMENT OF AN 11- UNIT, RESIDENTIAL AIR-SPACE CONDOMINIUM PROJECT ON A 0.57-ACRE SITE LOCATED AT 362 WALNUT AVENUE, WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: WALNUT BEACH HOMES CASE NO.: CT 2018-0001/PUD 2018-0001/CDP 2018-0003 (DEV2017-0221) WHEREAS, 362 Walnut, LLC, “Developer/Owner,” has filed a verified application with the City of Carlsbad regarding property described as Parcel 2 of Parcel Map 425, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, January 14, 1971 (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map, Planned Development Permit and Coastal Development Permit as shown on Exhibit(s) “A” – “DD” dated August 15, 2018, on file in the Planning Division CT 2018-0001/PUD 2018-0001/CDP 2018-0003 – WALNUT BEACH HOMES, as provided by Chapters 21.45, 21.201 and 20.24 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on August 15, 2018, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A)That the foregoing recitations are true and correct. B)That based on the evidence presented at the public hearing, the Commission APPROVES CT 2018-0001/PUD 2018-0001/CDP 2018-0003 – WALNUT BEACH HOMES, based on the following findings and subject to the following conditions: PLANNING COMMISSION RESOLUTION NO. 7307 PC RESO NO. 7307 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Findings: Tentative Tract Map 1. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the 11-unit residential air-space condominium project created through the tentative tract map satisfies all the minimum requirements of Title 20 and has been designed to comply with other applicable regulations including the Multiple-Family Residential (R-3) Zone, the Planned Development Ordinance, Growth Management Ordinance, and the R-23 General Plan Land Use designation. 2. That the proposed project is compatible with the surrounding future land uses since surrounding properties are developed and are currently designated as R-23 Residential in the General Plan. The subject property is bordered on all sides by existing multi-family residential development. Given the existing, surrounding development, the air-space residential condominium project is compatible with existing and future land uses. 3. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that all required development standards and design criteria required by the Multiple-Family Residential (R-3) Zone and the Planned Development Ordinance are incorporated into the 11- unit residential air-space condominium project without the need for any variances from development standards. 4. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the 11-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. 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 6. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that structures have been designed to include operable windows on all elevations and balconies to maximize exposure of each unit to natural light and ventilation from nearby coastal breezes, if desired. 7. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the city and available fiscal and environmental resources in that the applicant proposes to purchase two housing credits within the Tavarua Affordable Housing Project to satisfy their inclusionary housing obligations prior to the issuance of a building permit. As such, the project has been conditioned to require the approval of an Affordable Housing Agreement prior to approval of the final map. 8. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the 11-unit residential air-space condominium project site has been previously graded and developed with two residential units and is surrounded by existing development. PC RESO NO. 7307 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management Practices for water quality protection in accordance with the city’s sewer and drainage standards and the project is conditioned to comply with the National Pollutant Discharge Elimination System (NPDES) requirements. Planned Development Permit 10. The proposed project is consistent with the general plan, and complies with all applicable provisions of this chapter, and all other applicable provisions of the Carlsbad Municipal Code, in that the density of 19.3 dwelling units per acre (du/ac) for the 11-unit residential air-space condominium project is consistent with the R-23 Residential Land Use designation (15-23 du/acre). As discussed in the project staff report, the project is consistent with all minimum development and design standards applicable to the property as contained in Chapters 21.16 (Multiple-Family Residential (R-3)) Zone and 21.45 (Planned Developments) of the Carlsbad Municipal Code. 11. 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 11-unit residential air-space condominium project does not propose or require any variances from standards, is compatible with existing surrounding uses as permitted by the Multiple-Family Residential (R-3) Zone, and does not create any traffic circulation impacts as Walnut Avenue is adequately designed to accommodate the 88 Average Daily Trips (ADT) being generated. 12. The project will not adversely affect the public health, safety, or general welfare, in that the 11- unit residential air-space condominium project has been designed to comply with all applicable development standards to ensure compatibility with surrounding residential uses. 13. 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 11-unit residential air-space condominium project is arranged with units along a private drive aisle that is enhanced by decorative colored concrete. The five, three- story buildings with attached two-car garages are architecturally harmonious with each other and include a variety of exterior materials and colors. Primary building materials include light gray and medium gray smooth stucco, horizontal metal panel siding, and white painted wood fascia boards. Composite asphalt shingles cover a 3:12-pitched roof on each building. All elements (i.e. site layout, architecture, landscaping) create continuity in the overall project design. Coastal Development Permit 14. That the proposed development is in conformance with the Mello II Segment of the Certified Local Coastal Program (LCP) and all applicable policies, in that the site is designated R-23 Residential (15-23 du/ac) for multi-family residential development by the Mello II LCP. The project consists of the demolition of two existing residential units and the construction of 11 air-space condominiums at a density of 19.3 du/acres on a 0.57-acre previously-developed site. The proposed project is compatible with the surrounding development of multi-family residential structures. The five, three-story structures will not obstruct views of the coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone. No agricultural uses currently exist on the previously graded site, nor are PC RESO NO. 7307 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 there any sensitive resources located on-site. The proposed project is not located in an area of known geologic instability or flood hazard. Since the site does not have frontage along the coastline, no public opportunities for coastal shoreline access are available from the subject site. Furthermore, the residentially-designated site is not suited for water-oriented recreation activities. 15. 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 11-unit residential air-space condominium project will not interfere with the public’s right to physical access to the ocean. Furthermore, the residentially-designated site is not suited for water- oriented recreation activities. 16. 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 11-unit residential air-space condominium project will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants, and soil erosion. No steep slopes or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 17. 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). 18. The project is not between the sea and the first public road parallel to the sea and therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance). General 19. 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 August 15, 2018, including, but not limited to the following: A. Land Use – The 11-unit residential air-space condominium project is consistent with the elements and objectives of the General Plan as discussed in Section “A” of the project staff report. The 11-unit residential project density at 19.3 dwelling units per acre is within the R-23 Residential density range of 15-23 du/ac. At the GMCP, 11 dwelling units would be permitted on this 0.57-net-developable-acre property. Therefore, the residential development complies with the R-23 General Plan Land Use designation for density. B. Mobility – The proposed project has been designed to meet applicable circulation requirements, which include a single driveway access point from Walnut Avenue. In addition, the applicant will be required to pay traffic impact fees prior to issuance of a building permit that will go towards future road improvements. C. Public Safety – The proposed structural improvements are required to be designed in conformance with all seismic design standards. In addition, the proposed project is consistent with all the applicable fire safety requirements. PC RESO NO. 7307 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D. Noise – The project consists of 11 residential condominiums located in five buildings. A noise study by Birdseye Planning Group, dated December 2017 was provided. The exterior required private recreation areas are at or below the maximum 60 dB(a) CNEL noise level and therefore comply. The windows of each unit will need to be closed to meet a 45 dB(a) CNEL interior noise level. Therefore, mechanical ventilation is required. In addition, the project is conditioned to comply with the construction requirements of the aforementioned noise study. E. Housing – The city’s Housing Policy Team reviewed the proposed 11-unit project and recommended the applicant purchase two inclusionary housing credits in the Tavarua Affordable Housing Project to fulfill the project’s affordable housing requirement. The project has been conditioned to require the approval of an Affordable Housing Agreement prior to approval of the final map. 20. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all city public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, A. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. B. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. C. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. D. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 21. That the project is consistent with the city’s Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 22. That the City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15332, In-fill Development Project, of the state California Environmental Quality Act (CEQA) Guidelines, of the state CEQA Guidelines. 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. PC RESO NO. 7307 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a grading or building permit, or recordation of the Final Map, whichever occurs first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the city’s approval of this Tentative Tract Map, Planned Development Permit and Coastal Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map, Planned Development Permit and Coastal Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and 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) the city’s approval and issuance of this Tentative Tract Map, Planned Development Permit and Coastal Development Permit, (b) the city’s approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the city’s approval is not validated. 6. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Tentative Map, 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. PC RESO NO. 7307 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 approval of the Final Map, Developer shall submit to the city a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map, Planned Development Permit and Coastal Development Permit by Resolution No. 7307 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 the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the proposed or existing Transportation Corridor, in a form meeting the approval of the City Planner and the City Attorney (see Noise Form #1 on file in the Planning Division). 14. 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 as shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. 15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck process on file in the Planning Division and accompanied by the project’s building, improvement, and grading plans. PC RESO NO. 7307 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16. 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 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, the 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. PC RESO NO. 7307 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 __________. 17. Prior to issuance of building permits, the Developer shall submit to the City Planner a recorded copy of the Condominium Plan filed with the Department of Real Estate which is in conformance with the city-approved documents and exhibits. 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 or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the City Planner and shall at least include a handout and a sign inside the sales facility, or inside each unit, stating the fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. 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. 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. 23. 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. 24. Developer shall construct, install, and stripe not less than three (3) visitor parking spaces, as shown on the project site plan. 25. Prior to issuance of building permits, verification shall be submitted confirming that the buildings have been designed to comply with the recommendations of the noise study prepared for the project (Birdseye Planning Group, dated December 2017). PC RESO NO. 7307 -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 26. 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 purchase two (2) inclusionary housing credits within the Tavarua Affordable Housing Project if available at time of building permit issuance or an alternative solution as authorized by the city. The draft Affordable Housing Agreement shall be submitted to the City Planner no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. Engineering: General 27. 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. 28. 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. 29. 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 driveway, utilities, landscaping, lighting, enhanced paving, and water quality treatment measures and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. 30. 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. 31. Developer shall prepare, submit and process for City Engineer approval a final map to subdivide this project. There shall be one Final Map recorded for this project. Developer shall pay the city standard map review plan check fees. Fees/Agreements 32. 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. 33. Developer shall cause property owner to execute and submit to the City Engineer for recordation the city’s standard form Drainage Hold Harmless Agreement. 34. 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. PC RESO NO. 7307 -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Grading 35.Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports as required by City Engineer, post security and pay all applicable grading plan review and permit fees per the city’s latest fee schedule. 36.Prior to the issuance of the grading permit, the contractor shall submit a Construction Plan to the city engineer for review and approval. Said Plan may be required to include, but not be limited to, identifying the location of the construction trailer, material staging, bathroom facilities, parking of construction vehicles, employee parking, construction fencing and gates, obtaining any necessary permission for off-site encroachment, addressing pedestrian safety, and identifying time restrictions for various construction activities. Storm Water Quality 37.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. 38.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. 39.The project is subject to ‘Priority Development Project’ requirements. Developer shall prepare and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP required by this condition shall be reviewed and approved by the city engineer with final grading plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city’s latest fee schedule. 40.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 41.Developer shall design the private drainage systems, as shown on the tentative map to the satisfaction of the City Engineer. All private drainage systems (12” diameter storm drain and larger) shall be inspected by the city. Developer shall pay the standard improvement plan check and inspection fees for private drainage systems. PC RESO NO. 7307 -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 42. Developer shall design all proposed public improvements including but not limited to sewer laterals, streetlights, pedestrian ramps, driveways, sidewalk, water services/meters, curb drains, etc., as shown on the Tentative Map/Site Plan. These improvements shall be shown on one of the following, subject to city engineer approval: A. Grading plans processed in conjunction with this project; or B. Construction Revision to an existing record public improvement drawing Developer shall pay plan check and inspection fees using improvement valuations in accordance with the city’s current fee schedule. Developer shall apply for and obtain a right-of-way permit prior to performing work in the city right-of-way. Developer shall prepare a separate construction bond estimate for the public improvements shown on the grading plans and a separate subdivision improvement agreement shall be processed for these improvements. 43. Developer shall design, and obtain approval from the city engineer, the structural section for the access aisles with a traffic index of 5.0 in accordance with city standards due to truck access through the parking area and/or aisles with an ADT greater than 500. Prior to completion of grading, the final structural pavement design of the aisle ways shall be submitted together with required R-value soil test information subject to the review and approval of the city engineer. 44. Developer shall ensure utility transformers or raised water backflow preventers that serve this development are located outside the right-of-way as shown on the Tentative Map and to the satisfaction of the city engineer. These facilities shall be constructed within the property. Non-Mapping Notes 45. Add the following notes to the final map as non-mapping data: A. Developer has executed a city standard Subdivision Improvement Agreement and has posted security in accordance with C.M.C. Section 20.16.070 to install public improvements shown on the tentative map. These improvements include, but are not limited to: sidewalk, driveway, curb and gutter, water service and meters, recycled water service and meter and fire service. 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: The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. D. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to encroach within the area identified as a sight distance corridor as defined by City of Carlsbad Engineering Standards or line-of-sight per Caltrans standards. E. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other PC RESO NO. 7307 -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 improvements identified in the city approved development plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the city approved development plans. F. There are no public park or recreational facilities to be located in whole or in part within this subdivision. The subdivider is therefore obligated to pay park-in-lieu fees in accordance with section 20.44.050 of the Carlsbad Municipal Code and has either paid all of said park in-lieu fees or agreed to pay all of said park-in-lieu fees in accordance with section 20.16.070 of the Carlsbad Municipal Code. Utilities 46. Developer shall meet with the Fire Marshal to determine the fire protection measures (fire flows, fire hydrant locations, building sprinklers) required to serve the project. Fire hydrants, if proposed, shall be considered public improvements and shall be served by public water mains to the satisfaction of the District Engineer. 47. 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 the grading plans. 48. 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 the grading plans. 49. 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 the grading plans. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 50. 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. 51. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 52. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 53. Developer shall pay park-in-lieu fees in accordance with Section 20.44 of the City of Carlsbad Municipal Code to the satisfaction of the City Engineer. 54. 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. PC RESO NO. 7307 -14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 55. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the tentative map are for planning purposes only. NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission’s decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on August 15, 2018, by the following vote, to wit: AYES: NOES: ABSENT: MARTELL MONTGOMERY, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner CCAARRLLSSBBAADDBBLLM A D I S O N S T M A D I S O N S T G A R F I E L D S T G A R F I E L D S T R O O S E V E L T S T R O O S E V E L T S T CHESTNUT AVCHESTNUT AVOAK AVOAK AVWALNUT AVWALNUT AVPINE AVPINE AVT Y L E R S T T Y L E R S T SYCAMORE AVSYCAMORE AVW A S H I N G T O N S T W A S H I N G T O N S T LI N C O L N S T LI N C O L N S T CT 2018-0001 / PUD 2018-0001/ CDP 2018-0003 (DEV2017-0221) Walnut Beach Homes SITE MAP JPALOMARAIRPORTRD E L CAMREALLA COST A AV C ARLSBA DBLC A R LSB A DVILLAGEDR ELCAMINOREAL MELR O SED RAVIARAPY RA NCHO S A NTAFERDCOLL EGEBLSITE ATTACHMENT 2 ATTACHMENT 3 ATTACHMENT 4 PLANNED DEVELOPMENTS (CMC SECTION 21.45.060) TABLE C: GENERAL DEVELOPMENT STANDARDS APPLICABLE TO ALL PLANNED DEVELOPMENTS REF. NO. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT C.1 Density Per the underlying General Plan designation. When two or more general plan land use designations exist within a planned development, the density may be transferred from one general plan designation to another with a general plan amendment. N/A C.2 Arterial Setbacks All dwelling units adjacent to any arterial road shown on the Circulation Element of the General Plan shall maintain the following minimum setbacks from the right-of-way: Prime Arterial 50 Feet Major Arterial 40 Feet Secondary Arterial 30 Feet Carlsbad Boulevard 20 Feet N/A Half (50%) of the required arterial setback area located closest to the arterial shall be fully landscaped to enhance the street scene and buffer homes from traffic on adjacent arterials, and: •Shall contain a minimum of one 24” box tree for every 30 lineal feet of street frontage; and •Shall be commonly owned and maintained N/A Project perimeter walls greater than 42 inches in height shall not be located in the required landscaped portion of the arterial setback, except noise attenuation walls that: •Are required by a noise study, and •Due to topography, are necessary to be placed within the required landscaped portion of the arterial setback. N/A C.3 Permitted Intrusions into Setbacks/ Building Separation Permitted intrusions into required building setbacks shall be the same as specified in Section 21.46.120 of this code. The same intrusions specified in Section 21.46.120 shall be permitted into required building separation. Some of the exterior architectural materials and roof eaves encroach into the required setbacks up to two feet. These are allowed projections listed in CMC Section 21.46.120. C.4 Streets Private Minimum right-of-way width 56 feet N/A Minimum curb-to-curb width 34 feet Minimum parkway width (curb adjacent) 5.5 feet, including curb Minimum sidewalk width 5 feet (setback 6 inches from property line) Public Minimum right-of-way width 60 feet N/A Minimum curb-to-curb width 34 feet Minimum parkway width (curb adjacent) 7.5 feet, including curb Minimum sidewalk width 5 feet (setback 6 inches from property line) Street Trees within parkways One-family dwellings and twin homes on small-lots A minimum of one street tree (24-inch box) per lot is required to be planted in the parkway along all streets. N/A Condominium projects Street trees shall be spaced no further apart than 30 feet on center within the parkway. Street trees are shown on the conceptual landscape plan and will be approved with the final landscape plan. ATTACHMENT 4 PLANNED DEVELOPMENTS (CMC SECTION 21.45.060) TABLE C: GENERAL DEVELOPMENT STANDARDS APPLICABLE TO ALL PLANNED DEVELOPMENTS Tree species should be selected to create a unified image for the street, provide an effective canopy, avoid sidewalk damage and minimize water consumption. See above C.5 Drive-aisles 3 or fewer dwelling units Minimum 12 feet wide when the drive-aisle is not required for emergency vehicle access, as determined by the Fire Chief. N/A If the drive-aisle is required for emergency vehicle access, it shall be a minimum of 20 feet wide. 4 or more dwelling units Minimum 20 feet wide. A 24’ wide drive aisle is provided. All projects No parking shall be permitted within the minimum required width of a drive-aisle. Project does not propose any parking within the drive aisle. A minimum 24-foot vehicle back-up/maneuvering area shall be provided in front of garages, carports or uncovered parking spaces (this may include driveway area, drive-aisles, and streets). Each garage space and visitor parking space includes a minimum 24’ vehicle back-up/maneuvering area behind each space. Additional width may be required for vehicle/emergency vehicle maneuvering area. Fire Prevention has reviewed and approved of the proposed design. Parkways and/or sidewalks may be required. N/A No more than 24 dwelling units shall be located along a single- entry drive-aisle. N/A All drive-aisles shall be enhanced with decorative pavement. Project drive-aisle has been enhanced with decorative, colored concrete. C.6 Number of Visitor Parking Spaces Required (1) Projects with 10 units or fewer A .30 space per each unit Project proposes 11 units. At 0.25 spaces per unit, an 11-unit project would require 2.75 spaces or 3 spaces based on rounding up to the nearest whole number. Project provides three visitor parking spaces on-site. Projects 11 units or more A .25 space per each unit When calculating the required number of visitor parking spaces, if the calculation results in a fractional parking space, the required number of visitor parking spaces shall always be rounded up to the nearest whole number. C.7 Location of Visitor Parking On Private/ Public Streets On-street visitor parking is permitted on private/public streets, subject to the following: • The private/public street is a minimum 34-feet wide (curb- to-curb) • There are no restrictions that would prohibit on-street parking where the visitor parking is proposed • The visitor parking spaces may be located: o Along one or both sides of any private/public street(s) located within the project boundary, and o Along the abutting side and portion of any existing public/private street(s) that is contiguous to the project boundary No on-street visitor parking is allowed/proposed. In parking bays along public/private streets within the project boundary, provided the parking bays are outside the minimum required street right-of-way width. N/A ATTACHMENT 4 PLANNED DEVELOPMENTS (CMC SECTION 21.45.060) TABLE C: GENERAL DEVELOPMENT STANDARDS APPLICABLE TO ALL PLANNED DEVELOPMENTS When visitor parking is provided as on-street parallel parking, not less than 24 lineal feet per space, exclusive of driveway/drive-aisle entrances and aprons, shall be provided for each parking space, except where parallel parking spaces are located immediately adjacent to driveway/drive-aisle aprons, then 20 lineal feet may be provided. N/A Within the Beach Area Overlay Zone, on-street parking shall not count toward meeting the visitor parking requirement. N/A On Drive- aisles Visitor parking must be provided in parking bays that are located outside the required minimum drive-aisle width. Three visitor parking spaces are located between units outside of the drive-aisle. On a Driveway Outside the Beach Area Overlay Zone One required visitor parking space may be credited for each driveway in a project that has a depth of 40 feet or more. N/A For projects with 10 or fewer units, all required visitor parking may be located within driveways (located in front of a unit’s garage), provided that all dwelling units in the project have driveways with a depth of 20 feet or more. N/A Within the Beach Area Overlay Zone One required visitor parking space may be credited for each driveway in a project that has a depth of 40 feet or more. N/A If the streets within and/or adjacent to the project allow for on-street parking on both sides of the street, then visitor parking may be located in a driveway, subject to the following: • All required visitor parking may be located within driveways (located in front of a unit’s garage), provided that all dwelling units in the project have driveways with a depth of 20 feet or more. • If less than 100% of the driveways in a project have a depth of 20 feet or more, then a .25 visitor parking space will be credited for each driveway in a project that has a depth of 20 feet or more (calculations resulting in a fractional parking space credit shall always be rounded down to the nearest whole number). N/A All projects The minimum driveway depth required for visitor parking (20 feet or 40 feet) applies to driveways for front or side-loaded garages, and is measured from the property line, back of sidewalk, or from the edge of the drive-aisle, whichever is closest to the structure. N/A Compact Parking For projects of more than 25 units, up to 25% of visitor parking may be provided as compact spaces (8 feet by 15 feet). No overhang is permitted into any required setback area or over sidewalks less than 6 feet wide. N/A ATTACHMENT 4 PLANNED DEVELOPMENTS (CMC SECTION 21.45.060) TABLE C: GENERAL DEVELOPMENT STANDARDS APPLICABLE TO ALL PLANNED DEVELOPMENTS For all projects within the Beach Area Overlay Zone, up to 55% of the visitor parking may be provided as compact spaces (8 feet by 15 feet). N/A Distance from unit Visitor parking spaces must be located no more than 300 feet as measured in a logical walking path from the entrance of the unit it could be considered to serve. Distance from visitor parking spaces to the furthest unit is less than 300’. C.8 Screening of Parking Areas Open parking areas should be screened from adjacent residences and public rights-of-way by either a view-obscuring wall, landscaped berm, or landscaping, except parking located within a driveway. The visitor parking spaces are located between buildings outside of the drive-aisle and are screened from adjacent residences by a 6’ fence and screened from the public right-of-way by the buildings. C.9 Community Recreational Space (1) Community recreational space shall be provided for all projects of 11 or more dwelling units, as follows: The 11-unit project is within the R- 23 General Plan Land Use designation and therefore requires 1,650 square feet of community recreation space. 2,058 square feet of passive community space has been provided on-site. Minimum community recreational space required Project is NOT within R-23 general plan designation 200 square feet per unit Project IS within R-23 general plan designation 150 square feet per unit Projects with 11 to 25 dwelling units Community recreational space shall be provided as either (or both) passive or active recreation facilities. 1,464 square feet of passive, landscaped community area has been provided at the rear of the site. Three additional pockets of common area have been provided between some of the buildings for a total of 2,058 square feet. Projects with 26 or more dwelling units Community recreational space shall be provided as both passive and active recreational facilities with a minimum of 75% of the area allocated for active facilities. N/A Projects with 50 or more dwelling units Community recreational space shall be provided as both passive and active recreational facilities for a variety of age groups (a minimum of 75% of the area allocated for active facilities). N/A For projects consisting of one-family dwellings or twin homes on small-lots, at least 25% of the community recreation space must be provided as pocket parks. • Pocket park lots must have a minimum width of 50 feet and be located at strategic locations such as street intersections (especially “T- intersections”) and where open space vistas may be achieved. N/A All projects (with 11 or more dwelling units) Community recreational space shall be located and designed so as to be functional, usable, and easily accessible from the units it is intended to serve. The larger community space is generally flat and landscaped, and located at the rear of the property which is easily accessible by all units. ATTACHMENT 4 PLANNED DEVELOPMENTS (CMC SECTION 21.45.060) TABLE C: GENERAL DEVELOPMENT STANDARDS APPLICABLE TO ALL PLANNED DEVELOPMENTS Credit for indoor recreation facilities shall not exceed 25% of the required community recreation area. N/A Required community recreation areas shall not be located in any required front yard and may not include any streets, drive-aisles, driveways, parking areas, storage areas, slopes of 5% or greater, or walkways (except those walkways that are clearly integral to the design of the recreation area). N/A Recreation Area Parking In addition to required resident and visitor parking, recreation area parking shall be provided, as follows: 1 space for each 15 residential units, or fraction thereof, for units located more than 1,000 feet from a community recreation area. N/A The location of recreation area parking shall be subject to the same location requirements as for visitor parking, except that required recreation area parking shall not be located within a driveway(s). N/A Examples of recreation facilities include, but are not limited to, the following: Active Swimming pool area Children’s playground equipment Spa Courts (tennis, racquetball, volleyball, basketball) Recreation rooms or buildings Horseshoe pits Pitch and putt Grassy play areas with a slope of less than 5% (minimum area of 5,000 square feet and a minimum dimension of 50 feet) Any other facility deemed by the City Planner to satisfy the intent of providing active recreational facilities Passive Benches Barbecues Community gardens Grassy play areas with a slope of less than 5% C.10 Lighting Lighting adequate for pedestrian and vehicular safety shall be provided. The project is conditioned to complete a final landscape plan. Appropriate lighting for the 11-unit project will be evaluated with the final landscape plan. C.11 Reserved C.12 Recreational Vehicle (RV) Storage (1) Required for projects with 100 or more units, or a master or specific plan with 100 or more planned development units. Exception: RV storage is not required for projects located within the R-15 or R-23 land use designations. N/A 20 square feet per unit, not to include area required for driveways and approaches. Developments located within master plans or residential specific plans may have this requirement met by the common RV storage area provided by the master plan or residential specific plan. ATTACHMENT 4 PLANNED DEVELOPMENTS (CMC SECTION 21.45.060) TABLE C: GENERAL DEVELOPMENT STANDARDS APPLICABLE TO ALL PLANNED DEVELOPMENTS RV storage areas shall be designed to accommodate recreational vehicles of various sizes (i.e. motorhomes, campers, boats, personal watercraft, etc.). N/A The storage of recreational vehicles shall be prohibited in the front yard setback and on any public or private streets or any other area visible to the public. A provision containing this restriction shall be included in the covenants, conditions and restrictions for the project. All RV storage areas shall be screened from adjacent residences and public rights-of-way by a view-obscuring wall and landscaping. N/A C.13 Storage Space 480 cubic feet of separate storage space per unit. Each unit provides a two-car garage with minimum dimensions of 20’x20’. If all storage for each unit is located in one area, the space may be reduced to 392 cubic feet. Required storage space shall be separately enclosed for each unit and be conveniently accessible to the outdoors. Required storage space may be designed as an enlargement of a covered parking structure provided it does not extend into the area of the required parking stall, and does not impede the ability to utilize the parking stall (for vehicle parking). A garage (12’x20’ one-car, 20’x20’ two-car, or larger) satisfies the required storage space per unit. This requirement is in addition to closets and other indoor storage areas. (1) This standard does not apply to housing for senior citizens (see Chapter 21.84 of this code). PLANNED DEVELOPMENTS (CMC SECTION 21.45.080) TABLE E: CONDOMINIUM PROJECTS REF. NO. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT E.1 Livable Neighborho od Policy Must comply with City Council Policy 66, Principles for the Development of Livable Neighborhoods. SEE SEPARATE COMPLIANCE CHART E.2 Architectural Requiremen ts One-family and two-family dwellings Must comply with City Council Policy 44, Neighborhood Architectural Design Guidelines N/A. The project proposes one-, two- and three-unit buildings. Since the project proposes more than three units in a multi-family zone, the entire project is considered a multi-family project for purposes of this table. Multiple-family dwellings There shall be at least three separate building planes on all building elevations. The minimum offset in planes shall be 18 inches and shall include, but not be limited to, building walls, windows, and roofs. The project provides at least three separate building planes on all building elevations with balconies, decks, varied roofs and/or building articulations located on all elevations. All building elevations shall incorporate a minimum of four complimentary design elements, including but not limited to: •A variety of roof planes; •Windows and doors recessed a minimum of 2 inches; •Decorative window or door frames; •Exposed roof rafter tails; •Dormers; •Columns; •Arched elements; •Varied window shapes; •Exterior wood elements; •Accent materials such as brick, stone, shingles, wood, or siding; •Knee braces; and •Towers. The project provides at least four complimentary design elements on all building elevations including decorative fascia, horizontal metal siding, varied window shapes, and a variety of roof planes. E.3 Maximum Coverage 60% of total project net developable acreage. Proposed building coverage is 46.3% of the net lot area (0.57 acres). E.4 Maximum Building Height Same as required by the underlying zone, and not to exceed three stories (1)(7) The project is located within the R-3 and BAOZ Zones, and therefore subject to a 30’ height limit. The project is proposed at 30’ above finished grade. Projects within the R- 23 general plan designation (1)(7) 40 feet, if roof pitch is 3:12 or greater N/A. The project is in the R-23 General Plan Land Use designation, but is subject to the BAOZ for building height purposes. 35 feet, if roof pitch is less than 3:12 Building height shall not exceed three stories E.5 Minimum Building Setbacks From a private or public street(2)(3) Residential structure 10 feet Walnut Avenue is a public street. The residential structures are set back at least 10’ as measured from the outside edge of the street right-of-way width. Direct entry garage 20 feet PLANNED DEVELOPMENTS (CMC SECTION 21.45.080) TABLE E: CONDOMINIUM PROJECTS REF. NO. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT Some roof eaves and architectural features encroach two feet into the front setback. No direct entry garages are proposed from the street. From a drive-aisle(4) Residential structure (except as specified below) 5 feet, fully landscaped (walkways providing access to dwelling entryways may be located within required landscaped area) N/A. Project is less than 25 units and located within the R-23 General Plan designation (see section below for compliance). Residential structure – directly above a garage 0 feet when projecting over the front of a garage. N/A. Project is less than 25 units and located within the R-23 General Plan designation (see section below for compliance). Garage 3 feet N/A. Project is less than 25 units and located within the R-23 General Plan designation (see section below for compliance). Garages facing directly onto a drive-aisle shall be equipped with an automatic garage door opener. Projects of 25 units or less within the R-15 and R-23 general plan designations 0 feet (residential structure and garage) Residential structure and garage is set back ≥ 0’ from the drive-aisle. Garages facing directly onto a drive-aisle shall be equipped with an automatic garage door opener. Each garage is equipped with an automatic garage door opener. Balconies/decks (unenclosed and uncovered) 0 feet The project’s balconies do not cantilever over the 24’ drive aisle. May cantilever over a drive-aisle, provided the balcony/deck complies with all other applicable requirements, such as: • Setbacks from property lines • Building separation • Fire and Engineering Department requirements From the perimeter property lines of the project site (not adjacent to a public/private street) The building setback from an interior side or rear perimeter property line shall be the same as required by the underlying zone for an interior side or rear yard setback. The underlying zone for the project is R-3. The required interior side yard setback is 10’. The project has interior side yard setbacks of 10’. The required rear yard setback is 20’. The project has a rear setback of 20’. E.6 Minimum Building Separation 10 feet The homes are separated by at least 10’. E.7 Resident Parking (6) All dwelling types If a project is located within the R-23 general plan designation, resident parking shall be provided as specified below, and may also be provided as follows: • 25% of the units in the project may include a tandem two-car garage (minimum 12 feet x 40 feet). • Calculations for this provision resulting in a fractional unit may be rounded up to the next whole number. Tandem parking is not proposed. PLANNED DEVELOPMENTS (CMC SECTION 21.45.080) TABLE E: CONDOMINIUM PROJECTS REF. NO. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT One-family and two- family dwellings 2 spaces per unit, provided as either: • a two-car garage (minimum 20 feet x 20 feet), or • 2 separate one-car garages (minimum 12 feet x 20 feet each) • In the R-W Zone, the 2 required parking spaces may be provided as 1 covered space and 1 uncovered space (5) N/A Multiple- family dwellings Studio and one- bedroom units 1.5 spaces per unit, 1 of which must be covered (5) N/A When calculating the required number of parking spaces, if the calculation results in a fractional parking space, the required number of parking spaces shall always be rounded up to the nearest whole number. Units with two or more bedrooms 2 spaces per unit, provided as either: • a one-car garage (12 feet x 20 feet) and 1 covered or uncovered space; or (5) • a two-car garage (minimum 20 feet x 20 feet), or • 2 separate one-car garages (minimum 12 feet x 20 feet each) • In the R-W Zone and the Beach Area Overlay Zone, the 2 required parking spaces may be provided as 1 covered space and 1 uncovered space (5) A two-car garage with a minimum 20’x20’ interior dimension is provided for each dwelling. Required parking may be provided within an enclosed parking garage with multiple, open parking spaces, subject to the following: • Each parking space shall maintain a standard stall size of 8.5 feet by 20 feet, exclusive of supporting columns; and • A backup distance of 24 feet shall be maintained in addition to a minimum 5 feet turning bump-out located at the end of any stall series. N/A Required resident parking spaces shall be located no more than 150 feet as measured in a logical walking path from the entrance of the units it could be considered to serve. Each unit provides a two- car garage with direct access into the unit. E.8 Private Recreational Space One-family, two-family, and multiple- family dwellings Required private recreational space shall be designed so as to be functional, usable, and easily accessible from the dwelling it is intended to serve. Each home provides a private recreation area in the form of ground level area, second level balconies and third level decks which meet or exceed the 60-square-foot requirement. The balconies are easily accessible from the interior living area. The required areas do not encroach within the required front yard setback, nor include any driveways, parking areas, storage areas, or common walkways. Required private recreational space shall be located adjacent to the unit the area is intended to serve. Required private recreational space shall not be located within any required front yard setback area, and may not include any driveways, parking areas, storage areas, or common walkways. One-family and two- family dwellings Minimum total area per unit Projects not within the R- 15 or R-23 general plan designations 400 square feet N/A Projects within the R-15 or R-23 general plan designations 200 square feet PLANNED DEVELOPMENTS (CMC SECTION 21.45.080) TABLE E: CONDOMINIUM PROJECTS REF. NO. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT May consist of more than one recreational space. N/A May be provided at ground level and/or as a deck/balcony on a second/third floor or roof. N/A If provided at ground level Minimum dimension Not within the R-15 or R- 23 general plan designations 15 feet N/A Within the R- 15 or R-23 general plan designations 10 feet Shall not have a slope gradient greater than 5%. N/A Attached solid patio covers and decks/balconies may project into a required private recreational space, subject to the following: • The depth of the projection shall not exceed 6 feet (measured from the wall of the dwelling that is contiguous to the patio/deck/balcony). The length of the projection shall not be limited, except as required by any setback or lot coverage standards. N/A Open or lattice-top patio covers may be located within the required private recreation space (provided the patio cover complies with all applicable standards, including the required setbacks). N/A If provided above ground level as a deck/ balcony or roof deck Minimum dimension 6 feet N/A Minimum area 60 square feet Multiple-family dwellings Minimum total area per unit (patio, porch, or balcony) 60 square feet The project provides at least a 6’ dimension and a minimum 60 square feet in area for required recreational space located at ground level in addition to private balconies and decks. Minimum dimension of patio, porch or balcony 6 feet See above. Projects of 11 or more units that are within the R-23 general plan designation may opt to provide an additional 75 square feet of community recreation space per unit (subject to the standards specified in Table C of this Chapter), in lieu of providing the per unit private recreational space specified above. The project does not propose additional community space in-lieu of private recreational space. (1) If a project is located within the Beach Area Overlay Zone, building height shall be subject to the requirements of Chapter 21.82 of this code. (2) See Table C in Section 21.45.060 for required setbacks from an arterial street. (3) Building setbacks shall be measured from the outside edge of the required street right-of-way width, whichever is closest to the building. (4) Building setbacks shall be measured from one of the following (whichever is closest to the building): a) the outside edge of the required drive-aisle width; b) the back of sidewalk; or c) the nearest side of a parking bay located contiguous to a drive- aisle (excluding parking located in a driveway in front of a unit’s garage). (5) Any uncovered required parking space in the R-W zone may be located within a required front yard setback and may be tandem. (6) This standard does not apply to housing for senior citizens (see Chapter 21.84 of this code). (7) Protrusions above the height limit shall be allowed pursuant to Section 21.46.020 of this code. Such protrusions include protective barriers for balconies and roof decks. ATTACHMENT 5 CITY COUNCIL POLICY 66 – LIVABLE NEIGHBORHOODS Principle Compliance Comments 1. Building Facades, Front Entries, Porches Facades create interest and character and should be varied and articulated to provide visual interest to pedestrians. Clearly identifiable front doors and porches enhance the street scene and create opportunities for greater social interaction within the neighborhood. Building entries and windows should face the street. Front porches, bay windows, courtyards and balconies are encouraged. The south/front elevation architecture of Unit 1 and Unit 11 provide multiple material finishes, varied window shapes, articulated building planes and roof planes, and balconies facing the street. In addition, these front units along Walnut Avenue have been designed with a clearly identifiable covered front porch and entry. 2. Garages Homes should be designed to feature the residence as the prominent part of the structure in relation to the street. A variety of garage configurations should be used to improve the street scene. This may include tandem garages, side- loaded garages, front-loaded garages, alley-loaded garages and recessed garages. Each dwelling will include a two-car garage and there are three additional parking spaces for visitors. All garages are accessed from a private drive-aisle located in the middle of the property and oriented away from public view of the street. 3. Street Design An interconnected, modified (grid) street pattern should be incorporated into project designs when there are no topographic or environmental constraints. Interconnected streets provide pedestrians and automobiles many alternative routes to follow, disperse traffic and reduce the volume of cars on any one street in the neighborhood. Streets should be designed to provide both vehicular and pedestrian connectivity by minimizing the use of cul-de-sacs. The street network should also be designed to create a safer, more comfortable pedestrian and bicycling environment. Local residential streets should have travel and parking lanes, be sufficiently narrow to slow traffic, provide adequate access for emergency and service vehicles and emergency evacuation routes for residents and include parkways with trees to form a pleasing canopy over the street. Local residential streets are the public open space in which children often play and around which neighborhoods interact. Within this context, vehicular movement should be additionally influenced through the use of City-accepted designs for traffic calming measures. The project is developing on an existing multi-family residentially zoned lot adjacent to an existing public street (Walnut Avenue) presently developed as part of an existing interconnected modified street pattern south of the Carlsbad Village area. The existing street design in this area has curb, gutter and sidewalks. ATTACHMENT 5 CITY COUNCIL POLICY 66 – LIVABLE NEIGHBORHOODS Principle Compliance Comments 4. Parkways Street trees should be planted in the parkways along all streets. Tree species should be selected to create a unified image for the street, provide an effective canopy, avoid sidewalk damage and minimize water consumption. Street trees will be provided in the parkway along Walnut Avenue. 5. Pedestrian Walkways Pedestrian walkways should be located along or visible from all streets. Walkways (sidewalks or trails) should provide clear, comfortable and direct access to neighborhood schools, parks/plazas and transit stops. Primary pedestrian routes should be bordered by residential fronts, parks or plazas. Where street connections are not feasible (at the end of cul-de-sacs), pedestrian paths should also be provided. The project provides for pedestrian circulation in the form of a sidewalk along its frontage with Walnut Avenue. 6. Centralized Community Recreation Areas Park or plazas, which serve as neighborhood meeting places and as recreational activity centers should be incorporated into all planned unit developments. As frequently as possible, these parks/plazas should be designed for both active and passive uses for residents of all ages and should be centrally located within the project. Parks and plazas should not be sited on residual parcels, used as buffers from surrounding developments or to separate buildings from streets. The project consists of 11 units, which is the minimum number of units for a project to require a community recreation area. In addition to private yards for each unit, the project provides a passive, landscaped, recreation area for the project at the rear of the site away from the street. Furthermore, smaller common landscaped areas are provided behind the guest parking areas. ATTACHMENT 6 ITEM 4 Submitted, at the meeting, by the applicant. August 15, 2018 -· --- ITEM 4 Submitted, at the meeting, by the applicant. August 15, 2018 ✓ I I / I. I I /-' I { I It JI /, r ------- ITEM 4 Submitted, at the meeting, by the applicant. August 15, 2018 Community & Economic Development Planning Division  1635 Faraday Avenue  Carlsbad, CA 92008  760-602-4600  760-602-8560 fax ERRATA SHEET FOR AGENDA ITEM #4 Memorandum August 15, 2018 To: Planning Commission From: Chris Garcia, Associate Planner Via Don Neu, City Planner Re: Errata Sheet for Agenda Item #4 – CT 2018-0001/PUD 2018-0001/CDP 2018- 0003 (DEV2017-0221) – WALNUT BEACH HOMES Staff is recommending that the Planning Commission include the following revisions: 1. Revise Staff Report Section IV – Environmental Review, second to last sentence of paragraph one, to read: 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, including “historical resources”, since the existing structures are not included in a local register of historical resources, have not been found to be historically significant, and do not meet the criteria for listing on the California Register of Historical Resources. 2. Revise Planning Commission Resolution No. 7307, condition number 29 to read: 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 driveway, utilities, landscaping, lighting, enhanced paving, and water quality treatment measures and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. The CC&R’s shall include a requirement to provide an annual verification of the effective operation and maintenance of each structural treatment control BMP in accordance with the BMP maintenance agreement and the 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. Walnut Beach Homes CT 2018-0001/PUD 2018-001/CDP 2018-0003 Location Map Project Information •Zoning – Mutiple-Family Residential (R-3). •GPLU – R-23 Residential 15-23 du/ac. •Proposed Density –19.3 du/ac. •At the Growth Management Control Point (GMCP) •Lot Size –25,020 square feet or 0.57 acres. •Lot Coverage –46.3% (60%permitted). •Building Height –30’ (30’permitted w/3:12 pitch). Project Information •Five,three-story buildings with 1 - 3 units each. •3 bedrooms,3.5 bathrooms. •1,901 –2,072 square feet in size. •2nd and 3rd floor balconies (no roof decks). •Two -car garage for each unit and three guest parking spaces on-site. •Private yards and common space at the rear. Site Plan Front/South Elevations Side Elevation Drive-Aisle Elevation Rendering –East Buildings Rendering –West Buildings Project Consistency •General Plan – R-23 Residential •Zoning – Multiple-Family Residential (R-3); Beach Area Overlay Zone (BAOZ) •Coastal Development Regulations •Subdivision Ordinance •Inclusionary Housing Ordinance •Growth Management;and •California Environmental Quality Act (CEQA) Recommendation That the Planning Commission ADOPT Planning Commission Resolution No.7307 APPROVING Tentative Tract Map CT 2018-0001,Planned Development Permit PUD 2018-0001,and Coastal Development Permit CDP 2018-0003 based upon the findings and subject to the conditions contained therein.