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HomeMy WebLinkAbout2021-05-19; Planning Commission; ; SDP 2018-0014/MS 2018-0011 (DEV2018-0156) - 635 PINE AVENUE CONDOMINIUMS Item No. Application complete date: March 31, 2021 P.C. AGENDA OF: May 19, 2021 Project Planner: Esteban Danna Project Engineer: Allison McLaughlin SUBJECT: SDP 2018-0014/MS 2018-0011 (DEV2018-0156) – 635 PINE AVE CONDOS Request for a recommendation of approval of a Site Development Plan and Tentative Parcel Map to construct a four-unit residential air-space condominium project on a 0.19-acre site in the Pine-Tyler Mixed-use (PT) district of the Village and Barrio Master Plan on property generally located at 635 Pine Avenue In Local Facilities Management Zone 1. The City Planner has determined that this 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 is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to section 15303(b) (New Construction or Conversion of Small Structures) of the State CEQA guidelines. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7413 RECOMMENDING APPROVAL of Site Development Plan SDP 2018-0014 and Tentative Parcel Map MS 2018-0011 based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND The subject 0.19-acre site is located on the southeast corner of Pine Avenue and Roosevelt Street. The property is generally flat and is currently developed with a single-family residence. The site is located within the Pine-Tyler Mixed-Use (PT) District of the Village and Barrio Master Plan (VBMP). Table A below includes the General Plan designations, zoning and current land uses of the project site and surrounding properties. TABLE A – SITE AND SURROUNDING LAND USE Location General Plan Designation Zoning Current Land Use Site Village/Barrio (VB) Village/Barrio (V-B) – Pine- Tyler Mixed-Use (PT) Single-family Residence North Village/Barrio (VB) Village/Barrio (V-B) – Pine- Tyler Mixed-Use (PT) Multi-family Residence South Village/Barrio (VB) Village/Barrio (V-B) – Pine- Tyler Mixed-Use (PT) Multi-family Residence East Village/Barrio (VB) Village/Barrio (V-B) – Barrio Center (BC) District Multi-family Residence West Village/Barrio (VB) Village/Barrio (V-B) – Pine- Tyler Mixed-Use (PT) Multi-family Residence 3 SDP 2018-0014/MS 2018-0011 (DEV2018-0156) – 635 PINE AVE CONDOS May 19, 2021 Page 2 The project proposes the construction of four attached, three-story residential air-space condominiums. Vehicular access is proposed to be provided via the Roosevelt Street Alley. Each home includes an attached two-car garage with a direct entrance into the unit. All the units contain four bedrooms and three bathrooms. Two units have a total area of 1,750 square feet each. The other two units have an area of 1,785 square feet each. All units include front porches, private balconies on the second floor, and private roof-top decks. The entrances to the units are oriented toward Pine Avenue. The project proposes a contemporary architectural style with Spanish/Mediterranean elements that is commonly seen in southern California coastal communities. The building is finished with several complementary materials, including stucco, stone veneer, decorative awnings and shutters, as well as wrought iron balcony railings. Pedestrian access to all four units is provided via the public sidewalk. The underlying lot will be held in common interest divided between the four air-space condominiums. The common area includes the private drive aisle and landscaped areas. Topographically, the site is generally flat with an elevation approximately 41 feet above mean sea level (MSL). The site is currently developed with one single-family home and does not contain any sensitive vegetation. Grading for the proposed project requires a grading permit and includes 150 cubic yards of cut, 150 cubic yards of fill, and 0 cubic yards of export. The quantity of proposed remedial grading is 460 cubic yards. In order to meet the City’s Inclusionary Housing requirements, the project is conditioned to pay an affordable housing in-lieu fee for three units if building permits are applied for within two years of demolishing the existing single-family home. Otherwise, the project shall be required to pay housing in- lieu fees for four units. The in-lieu housing fees are conditioned to be paid prior to the issuance of a grading or building permit. III. ANALYSIS The proposed project is subject to the following ordinances, standards, and policies: A. Village-Barrio (VB) General Plan Land Use Designation; B. Village-Barrio (V-B) Zone (CMC Chapter 21.35) and Pine-Tyler Mixed-Use District (Village and Barrio Master Plan); C. Subdivision Ordinance (CMC Title 20); D. Inclusionary Housing Ordinance (CMC Chapter 21.85); and E. Growth Management Ordinance (CMC Chapter 21.90), Local Facilities Management Plan Zone 1. 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 and policies is discussed in the sections below. A. Village-Barrio (VB) General Plan Land Use Designation The subject property has a General Plan Land Use designation of Village-Barrio (V-B) and is within the Pine-Tyler Mixed-Use (PT) District of the Village and Barrio Master Plan (VBMP). Properties within the PT District do not have an assigned residential density as it relates to Growth Management Plan compliance. Therefore, the minimum and maximum densities for residential development are established in the VBMP. Table B below identifies the permissible density range for properties within the PT District, as well as the allowable density range based on the size of the project site and the proposed density and units. SDP 2018-0014/MS 2018-0011 (DEV2018-0156) – 635 PINE AVE CONDOS May 19, 2021 Page 3 TABLE B – PROPOSED DENSITY Gross Acres Net Acres DUs Allowed DUs Proposed and Project Density 0.19 0.16 18-23 du/ac; Minimum: 3 dwelling units Maximum: 4 dwelling units 21 du/ac; 4 dwelling units As identified above, the project’s density of 21 du/ac falls below the maximum density of 23 dwelling units per acre and, therefore, complies with the allowed density for the PT District. The density calculation is based on the gross acreage of the site. The project is conditioned to dedicate additional right-of-way along Pine Avenue. The area to be dedicated is not area considered undevelopable and is not excluded from density calculations pursuant to Section 21.53.230 of the Carlsbad Municipal Code. Pursuant to the Housing Element of the General Plan, because a Growth Management Control Point (GMCP) has not been established for residential development in the PT District, the residential units must be withdrawn from the city’s Excess Dwelling Unit Bank (EDUB). The EDUB is implemented through City Council Policy No. 43. However, due to recent State legislation, the city cannot use its growth cap limits specified in the city’s Growth Management Program to limit or prohibit residential development. Thus, the removal of units from the EDUB is being documented solely for residential unit tracking purposes. The project requires the removal of three units from the city’s EDUB, as directed under City Council Policy Statement 43. Details of the state legislation are discussed in Section E below. Lastly, 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 Goal 2-G.3 Promote infill development that makes efficient use of limited land supply, while ensuring compatibility and integration with existing uses. Ensure that infill properties develop with uses and development intensities supporting a cohesive development pattern. Policy 2-P.7 Do not permit residential development below the minimum of the density The proposed four-unit residential infill development makes efficient use of the existing lot in that it increases the number of units from one to four. A four-unit development is compatible with the surrounding development. The four-unit residential project has a density of 21 dwelling units per acre which falls within the PT District’s residential density range of 18-23 du/ac and does not exceed nor is below the density range required for this land use designation. Yes SDP 2018-0014/MS 2018-0011 (DEV2018-0156) – 635 PINE AVE CONDOS May 19, 2021 Page 4 Element Use, Classification, Goal, Objective or Program Proposed Uses & Improvements Comply? range except in certain circumstances. Housing Program 3.1 For all ownership and qualifying rental projects of fewer than seven units, payment of a fee in lieu of inclusionary units is permitted. The project is conditioned to pay an in-lieu fee on a per unit basis for three units if building permits for the four-unit project are applied for within two years of demolishing the existing single-family residence. 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. The proposed project has been designed to meet all of the circulation requirements, including a single driveway access point off the Roosevelt Street Alley. In addition, the applicant will be required to pay traffic impact fees prior to issuance of building permit that will go toward future road improvements. 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. The proposed project is consistent with the Noise Element of the General Plan in that the project’s building design, with the windows open or with mechanical ventilation as noted on the plans, adequately attenuates the noise levels for the new condominiums as described in the acoustical analysis report (Eliar Associates, Inc. October 29, 2020). Yes Public Safety Goal 6-G.1 Minimize injury, loss of life, and damage to property resulting from fire, flood, hazardous material release, or seismic disasters. Policy 6-P.6 Enforce the requirements of Titles 18, 20, and 21 pertaining to drainage and flood control when reviewing applications for building permits and subdivisions. The proposed structural improvements will be required to be designed in conformance with all seismic design standards. In addition, the project is consistent with all applicable building and fire safety requirements. Additionally, the proposed project is not located in an area of known geologic instability or flood hazard and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction Yes SDP 2018-0014/MS 2018-0011 (DEV2018-0156) – 635 PINE AVE CONDOS May 19, 2021 Page 5 Element Use, Classification, Goal, Objective or Program Proposed Uses & Improvements Comply? 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. B. Village-Barrio (V-B) Zone (CMC Chapter 21.35) and Pine-Tyler Mixed-Use District (Village and Barrio Master Plan) The subject property is located within the Village-Barrio (V-B) zoning district. Properties with the V-B zoning designation are governed by the Village and Barrio Master Plan (VBMP). The subject property is located within the Pine-Tyler Mixed-Use district (PT) of the VBMP. The project’s compliance with the development standards specific to the PT District, as well as the area-wide standards within the VBMP, are provided in Tables D and E below. Please see Attachment 4 for an analysis of the project’s compliance with the Design Guidelines of the VBMP. TABLE D – COMPLIANCE WITH THE VILLAGE AND BARRIO MASTER PLAN PINE-TYLER MIXED-USE (PT) DISTRICT Standard Required/Allowed Proposed Comply? Front Yard Setback Minimum of 5 feet. Awnings, canopies, upper floor balconies, plazas, and courtyards are permitted to encroach up to 5 feet into the front setback. The proposed front yard setback measures five feet. Yes Side Yard Setback Minimum of zero feet. The proposed side setback along Pine Avenue varies between zero and five feet. A ten-foot dedication is required along Pine Avenue and the setback is measured from the dedication line. The proposed interior side setback is 18 feet as the drive aisle runs along the side. Yes SDP 2018-0014/MS 2018-0011 (DEV2018-0156) – 635 PINE AVE CONDOS May 19, 2021 Page 6 Standard Required/Allowed Proposed Comply? Rear Yard Setback Minimum of ten feet. Architectural intrusions allowed per CMC Section 21.46.120. The project proposes a ten-foot rear yard setback. Yes Lot Coverage 80 percent maximum. 44 percent proposed. Yes Density 18 minimum and 23 maximum du/ac. 21 du/ac Yes Open Space Property Open Space: minimum of 10 percent of lot area must be maintained as open space, which may be public or private and may be dedicated to landscape planters, open space pockets and/or connections, roof decks, balconies, other patios. Residential Private Open Space shall be provided at a minimum of 60 square feet per unit with a minimum dimension of 6 feet in any direction. Residential common open space shall be provided for projects with 10 or more units. The proposed project includes landscaped areas, balconies, and private and common open space that totals 27.84 percent of the lot area. Each unit contains 255 square feet of residential private open space (185-square-foot roof decks and 70-square-foot second-floor balconies) which meet the minimum private open space required area and minimum dimensions. Residential common open space is not required as the project does not propose ten or more units. Yes Building Height Maximum 35 feet, 3 stories. Roof protrusions are discussed in Table E below. 35 feet maximum, 3 stories. Yes Building Massing Maximum wall plane and roofline variation: No building façade visible from any public street or the I-5 freeway shall extend more than 30 feet in length without a 2-foot minimum variation in the wall plane, as well as, a change in roofline. The building is designed with several vertical and horizontal alternating planes along Pine Avenue, Roosevelt Street, and the Roosevelt Street Alley. The rooflines are also appropriately varied in pitch and height. Yes SDP 2018-0014/MS 2018-0011 (DEV2018-0156) – 635 PINE AVE CONDOS May 19, 2021 Page 7 TABLE E – COMPLIANCE WITH THE VILLAGE AND BARRIO MASTER PLAN AREA-WIDE STANDARDS Standard Required/Allowed Proposed Comply? Ingress and Egress Vehicle access shall be taken from an alley, where one exists. Where alleys serve as the primary access, driveways or parking areas shall be deep enough to allow cars to pull completely out of the alley and onto the property. One vehicular access point is proposed off the Roosevelt Street Alley. The proposed drive aisle is deep enough to avoid vehicles blocking the alley. Yes Property Line Walls/Fences Maximum height in front yard setback is 3.5 feet and 6 feet along the side and rear setbacks. Wall/fence height shall be measured from the lowest side of finished grade. No fences or walls are proposed along the front, rear, or street side setbacks. A six-foot high wooden fence is proposed along the interior side setback and a 3.5-foot fence is proposed parallel to the front yard setback line. Yes Building Orientation Buildings shall be oriented toward primary street frontage. The entrances to all units, which include covered front porches and balconies, are oriented toward the Pine Avenue street frontage. Yes Roof Protrusions All roof structures/protrusions shall complement and be consistent with the design of the building and not taller than necessary to accommodate, screen, or enclose the intended use. Guardrails or other barriers for roof decks and roof deck amenities: up to 42 inches above maximum height. Architectural features: up to 10 feet above maximum height. Architectural features that are within 10 feet of a building face shall be cumulatively limited in width to 30 percent of that building face. The project does not propose to exceed the maximum allowed height limit. Yes Parking One and a half spaces per unit. For condominiums, one space must be covered. Tandem parking is permitted. Visitor parking spaces are not required. Each unit proposes an attached two-car garage with a direct entrance into the unit. Yes SDP 2018-0014/MS 2018-0011 (DEV2018-0156) – 635 PINE AVE CONDOS May 19, 2021 Page 8 C. Subdivision Ordinance (CMC Title 20) The Land Development Engineering Division has reviewed the proposed Tentative Parcel 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 Minor Subdivisions. The subdivision is considered minor because it involves the division of land into four or fewer condominiums (four condominiums are proposed). The project has been conditioned to install all infrastructure-related improvements and the necessary easements for these improvements concurrent with the development. D. Inclusionary Housing Ordinance (CMC Chapter 21.85) For all residential development with fewer than seven units, the inclusionary housing requirement may be satisfied through the payment of an inclusionary housing in-lieu fee. However, pursuant to Carlsbad Municipal Code Section 21.85.030(D)(3), the construction of a new residential structure which replaces a residential structure that was destroyed or demolished within two years prior to the application for a building permit for the new residential structure is exempt from affordable housing requirements. The proposal to demolish the existing single-family residence and construct a four-unit residential condominium project has been conditioned to pay the applicable housing in-lieu fee for the three additional units, or four units if building permits for the four-unit project has not been applied for within two years of demolishing the existing home. E. Growth Management Ordinance (CMC Chapter 21.90), Local Facilities Management Plan Zone 1 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 14.15 sq. ft. Yes Library 7.55 sq. ft. Yes Wastewater Treatment 4 EDU Yes Parks 0.03 acre Yes Drainage 1.57 CFS Yes Circulation 32 ADT Yes Fire Station 1 Yes Open Space N/A N/A Schools Carlsbad (E:0.468, M:0.2472, H:0.3156) Yes Sewer Collection System 4 EDU Yes Water 1,000 GPD Yes As discussed in Section A above, properties located within the PT District of the Village and Barrio Master Plan do not have a Growth Management Control Point or an allocation for dwelling units. Therefore, as one (1) unit is proposed to be demolished and four (4) residential units are proposed to be constructed, a total of three (3) dwelling units will be deducted from the city’s Excess Dwelling Unit Bank (EDUB). As a result of the state legislation discussed below, the findings identified in City Council Policy No. 43 to approve an allocation of excess dwelling units are no longer required. SDP 2018-0014/MS 2018-0011 (DEV2018-0156) – 635 PINE AVE CONDOS May 19, 2021 Page 9 Senate Bill (SB) 330 and the Growth Management Program SB 330 prohibits the city from utilizing residential housing cap limits (i.e. the city’s excess dwelling unit bank (EDUB) under the Growth Management Program (GMP)) to regulate the number of housing units built in the city. On Feb. 23, 2021, the city received a letter from the State of California Department of Housing and Community Development (Exhibit 7), confirming that under Government Code Section 66300 (b)(1)(D), the city cannot use its growth cap limits specified in the city’s GMP to limit or prohibit residential development. Therefore, the removal of units from the EDUB is being documented solely for residential unit tracking purposes. The project requires the removal of three units from the city’s EDUB, as directed under City Council Policy Statement 43. As of March 31, 2021, a total of 417 units are allocated to the Northwest Quadrant and 417 units remain in the city’s EDUB. 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 15303(b) – New Construction or Conversion of Small Structures Class 3 Categorical Exemption of the State CEQA Guidelines. The project is consistent with the General Plan as well as with the Zoning Ordinance. The project is located in an urbanized area and consists of a multi-family residential structure, totaling no more than six dwelling units. 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. A Notice of Exemption will be filed by the City Planner upon final project approval. ATTACHMENTS: 1. Planning Commission Resolution No. 7413 2. Location Map 3. Disclosure Statement 4. Village and Barrio Master Plan Design Guidelines Analysis 5. Reduced Exhibits 6. Full Size Exhibits “A” – “O” dated May 19, 2021 7. Letter from the State of California Department of Housing and Community Development A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A SITE DEVELOPMENT PLAN AND TENTATIVE PARCEL MAP TO CONSTRUCT A FOUR-UNIT RESIDENTIAL AIR-SPACE CONDOMINIUM PROJECT ON A 0.19-ACRE SITE IN THE PINE- TYLER MIXED-USE (PT) DISTRICT OF THE VILLAGE AND BARRIO MASTER PLAN ON PROPERTY GENERALLY LOCATED AT 635 PINE AVENUE IN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: 635 PINE AVE CONDOS CASE NO.: SDP 2018-0014/MS 2018-0011 (DEV2018-0156) WHEREAS, Tony Cassolato, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Anne Woodward Cassolato and Biner, Inc, “Owner,” described as LOT 15 AND 16 IN BLOCK 41 OF TOWN OF CARLSBAD, CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 775, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 15, 1894. (“the Property”); and WHEREAS, said verified application constitutes a request for a Site Development Plan and Tentative Parcel Map as shown on Exhibit(s) “A” – “O” dated May 19, 2021, on file in the Planning Division, SDP 2018-0014/MS 2018-0011 (DEV2018-0156) – 635 PINE AVE CONDOS as provided by Chapters 20.24 and 21.06 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on May 19, 2021, 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 all persons desiring to be heard, said Commission considered all factors relating to the Site Development Plan and Tentative Parcel Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A)That the foregoing recitations are true and correct. PLANNING COMMISSION RESOLUTION NO. 7413 ATTACHMENT 1 PC RESO NO. 7413 -2- B)That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of SDP 2018-0014/MS 2018-0011 (DEV2018-0156) – 635 PINE AVE CONDOS based on the following findings and subject to the following conditions: Findings: Site Development Plan 1.That the proposed development or use is consistent with the General Plan and any applicable master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the Carlsbad Municipal Code, and all other applicable provisions of this code, in that the proposed tentative parcel map consisting of four (4) residential units is consistent with the General Plan and satisfies all minimum requirements of the Village and Barrio Master Plan, and Titles 20 and21 of the Carlsbad Municipal Code with respect to public facilities, access and parking as discussed in the project staff report dated May 19, 2021. 2.That the requested development or use is properly related to the site, surroundings and environmental settings, will not be detrimental to existing development or uses or to development or uses specifically permitted in the area in which the proposed development or use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the project consists of the construction of a four-unit residential air-space condominium on a 0.19-acre infill site located at 635 Pine Avenue within the Pine-Tyler Mixed Use (PT) district of the Village and Barrio Master Plan (VBMP). The adjacent properties to the north, south, and west are also located within the PT District of the VBMP. The property to the east is located within the Barrio Center (BC) district of the VBMP. Residential uses are permitted by right in thePT and BC districts. Given that residential uses are allowed in the surrounding properties, the proposed four-unit residential air-space condominium project is compatible with existing and future land uses. The four-unit residential air-space condominium project will not adversely impact the site, surroundings, or traffic circulation in that the existing surrounding streets have adequate capacity to accommodate the 32 Average Daily Trips (ADT) generated by the project. The project complies with all minimum development standards of the PT district and the VBMP, and the project provides adequate parking on-site and does not result in any significant environmental impacts. 3.That the site for the intended development or use is adequate in size and shape to accommodate the use, in that the Pine-Tyler Mixed Use (PT) district within the Village and Barrio Master Plan (VBMP) allows residential development at a density range of 18 to 23 dwelling units per acre. Based on an acreage of 0.19 acres, the proposed four-unit residential condominium units have a density of 21 dwelling units per acre. As the proposed project falls within the allowable density range and meets all required development standards, the project will adequately accommodate the proposed density. 4.That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested development or use to existing or permitted future development or use in the neighborhood will be provided and maintained, in that as demonstrated in the project staff report dated May 19, 2021, the four-unit residential air-space condominium project complies with all development standards (i.e. setbacks, lot coverage, parking, and height restrictions) of PC RESO NO. 7413 -3- the Pine-Tyler Mixed-Use (PT) district and the Village and Barrio Master Plan (VBMP). Landscaping along the outer edge of the property, including the areas along Pine Avenue and Roosevelt Street, will be provided consistent with the requirements of the city’s Landscape Manual. In addition to the above, privacy walls/fences on the property will be provided or maintained. 5.That the street systems serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use, in that the four-unit residential air-space condominium project will take access from Roosevelt Street Alley, and can adequately handle the 32 Average Daily Trips (ADT) generated by the project. The Roosevelt Street Alley is already improved. The project will reconstruct portions of the curb, gutter and sidewalk along the project frontage due to the removal of the driveway along Pine Avenue. Tentative Parcel Map 6.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 proposed tentative parcel map for a four-unit residential air-space condominium subdivision is consistent with the General Plan and satisfies all minimum requirements of the Village and Barrio Master Plan, and Titles 20 and 21 of the Carlsbad Municipal Code with respect to public facilities, access and parking as discussed in the project staff report dated May 19, 2021. 7.That the proposed project is compatible with the surrounding future land uses since surrounding properties are developed, and currently designated as Village-Barrio (VB) in the General Planand are located in the Pine-Tyler Mixed Use (PT) district of the Village and Barrio Master Plan (VBMP). The subject property is in the PT district and is surrounded by residential development. The surrounding properties to the north, south, and west are also located within the PT district. The property to the east is located in the Barrio Center (BC) district. Residential uses are permitted by right in the PT and BC districts. Given the surrounding residential uses, which are allowed in the surrounding PT and BC districts, the proposed four-unit residential air-space condominium project is compatible with existing and future land uses. 8.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 the Pine-Tyler Mixed-Use (PT) district within the Village and Barrio Master Plan (VBMP) allows residential development at a density range of 18 to 23 dwelling units per acre. Based on an acreage of 0.19 acres, the proposed four-unit residential condominium has a density of 21 dwelling units per acre. As the proposed project falls within the allowable density range and meets all required development standards, the project site will accommodate the proposed density. 9.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 project has been designed and conditioned such that there are no conflicts with established easements. PC RESO NO. 7413 -4- 10.That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act); 11.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. 12.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 proposed four-unit residential project is conditioned to pay an inclusionary housing in-lieu fees pursuant to Carlsbad Municipal Code Section 21.85.110. 13.That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish and wildlife or their habitat, in that the previously developed lot is devoid of sensitive vegetation and any natural water features. Therefore, the proposed project does not impact any fish, wildlife or habitat. 14.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. 15.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. 16.That the project is consistent with the city’s Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 17.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 PC RESO NO. 7413 -5- mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to grading permit, building permit or recordation of final map, whichever comes first. 1.If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel theircompliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the city’s approval of this Site Development Plan and Tentative Parcel Map. 2.Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan and Tentative Parcel Map documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3.Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4.If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 5.Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the city arising, directly or indirectly, from (a) city’s approval and issuance of this Site Development Plan and Tentative Parcel Map, (b) city’s approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the city’s approval is not validated. 6.Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the (Tentative Map/Site Plan or other), conceptual grading plan and preliminary utility plan reflecting the PC RESO NO. 7413 -6- conditions approved by the final decision making body. The copy shall be submitted to the City Planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. 7.Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 8.This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 of 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 report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application, any change in the telecommunications provider, or any transfer in ownership of the site. 12.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. 13.Prior to the issuance of the Site Development Plan and Tentative Parcel 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(n) Site Development Plan and Tentative Parcel Map by Resolution(s) No. 7413 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. 14.The developer shall pay to the city an inclusionary housing in lieu fee as an individual fee on a per market rate dwelling unit basis for three units in the amount in effect at the time, as established by City Council Resolution from time to time. If building permits are not applied for within two PC RESO NO. 7413 -7- years of demolishing the existing unit, then the inclusionary housing in lieu fee will be paid for four units. 15. Developer shall make a separate formal landscape construction drawing plan check submittal to the Planning Division and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the city’s Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. 16. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Division and accompanied by the project’s building, improvement, and grading plans. 17. 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 the 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 PC RESO NO. 7413 -8- 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. 18.This project is being approved for residential homeownership purposes. If any of the units in the project are rented, the minimum time increment for such rental shall be not less than 30 days. The CC&Rs for the project shall include this requirement. 19.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. 20.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. 21.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 and Economic Development Department and Planning. 22.Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the City Planner, in the sales office 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. 23.Developer shall post a sign in the sales office 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. PC RESO NO. 7413 -9- 24.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. Engineering Conditions NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed subdivision, must be met prior to approval of a final map or grading plan, whichever occurs first. General 25.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. 26.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. 27.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 drive aisles, sidewalks, landscaping, enhanced paving, low impact development features, and storm drain facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. 28.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 29.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. 30.Developer shall cause property owner to execute and submit to the city engineer for recordation the city’s standard form Drainage Hold Harmless Agreement. Grading 31.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. PC RESO NO. 7413 -10- 32.Prior to approval of the grading plans, the applicant shall submit a Construction Plan to the city engineer for review and approval. Said Plan may be required to include, but not be limited to, identifying the location of the construction trailer, material staging, material deliveries, bathroom facilities, parking of construction vehicles, employee parking, construction fencing and gates, obtaining any necessary permission for off-site encroachment, addressing pedestrian safety, and identifying time restrictions for various construction activities. All material staging, construction trailers, bathroom facilities, etc. shall be located outside the public right-of-way unless otherwise approved by the city engineer or Construction Management & Inspection engineering manager. Storm Water Quality 33.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. 34.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. 35.Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form. Developer is responsible to ensure that all final design plans, grading plans, and building plans incorporate applicable best management practices (BMPs). These BMPs include site design, source control and Low Impact Design (LID) measures including, but not limited to, minimizing the use of impervious area (paving), routing run-off from impervious area to pervious/landscape areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or signage all to the satisfaction of the city engineer. Dedications/Improvements 36.Developer shall cause owner to dedicate to the city and/or other appropriate entities an easement for public street & public utility purposes as shown on the tentative map. The offer shall be made by a certificate on the final map or separate recorded document. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Streets that are already public are not required to be rededicated. Additional easements may be required at final design to the satisfaction of the city engineer. 37.Developer shall cause owner to dedicate to the city and/or other appropriate entities an easement for water purposes as shown on the tentative map. The offer shall be made by a certificate on the final map or separate recorded document. All land so offered shall be free and PC RESO NO. 7413 -11- clear of all liens and encumbrances and without cost to the city. Streets that are already public are not required to be rededicated. Additional easements may be required at final design to the satisfaction of the city engineer. 38.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. 39.Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a right-of-way permit to the satisfaction of the city engineer. 40.Developer shall ensure that the existing alley driveway from Pine Ave complies with ADA standards. 41.Developer shall design all proposed public improvements including but not limited to sewer lateral, water services, curb drains, and sidewalks as shown on the tentative map. 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 42.Developer shall pay plan check and inspection fees using improvement valuations in accordance with the city’s current fee schedule. Developer shall execute a city standard Subdivision (or Development) Improvement Agreement to install said improvements and shall post security in accordance with C.M.C. Section 20.16.070 (or 18.40.060 for Development ImprovementAgreement). Developer shall apply for and obtain a right-of-way permit prior to performing work in the city right-of-way. 43.Developer is responsible to ensure utility transformers or raised water backflow preventers that serve this development are located outside the right-of-way as shown on the Tentative Map and to the satisfaction of the city engineer. These facilities shall be constructed within the property. Non-Mapping Notes 44.Add the following notes to the final map as non-mapping data: A.Developer has executed a city standard Subdivision Improvement Agreement and has posted security in accordance with C.M.C. Section 20.16.070 to install public improvements shown on the Tentative Map. These improvements include, but are not limited to: 1)sewer lateral. 2)water service/meter 3)sidewalk 4)curb and gutter B.Building permits will not be issued for development of the subject property unless the PC RESO NO. 7413 -12- appropriate agency determines that sewer and water facilities are available. C.Geotechnical Caution: 1)The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this 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 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 45.Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. 46.Developer shall design and agree to construct public facilities within public right-of-way or within minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the discretion of the district or city engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. 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 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 grading plans. PC RESO NO. 7413 -13- 49.The developer shall design and agree to construct public water, sewer, and recycled water facilities substantially as shown on the tentative map to the satisfaction of the district engineer and city engineer. 50.The potable water service for this project shall be master metered which shall be located within a water easement subject to approval by the district engineer. Developer shall install private sub- meters as necessary for all proposed units in the building. Final meter design, backflow preventer, size, and manufacturer shall be provided to the satisfaction of the district engineer and shown on public improvement plans. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following code requirements: Fees 51.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. 52.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. 53.Developer shall pay park-in-lieu fees to the city, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 54.Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by Council Policy No. 17. 55.Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050. 56.Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. General 57.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. 58.The project shall comply with the latest disabled access requirements pursuant to Title 24 of the California Building Code. 59.Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 17.04.060. Prior to submittal for a building permit, Developer shall submit a request for addressing to the Building Division. PC RESO NO. 7413 -14- 60.Developer acknowledges that the project is required to comply with the city’s greenhouse gas (GHG) reduction ordinances and requirements. GHG reduction requirements are in accordance with, but are not limited to, Carlsbad Municipal Code Chapters 18.21, 18.30, and 18.51 in addition to the California Green Building Standards Code (CCR, Title 24, Part 11 – CALGreen), as amended from time to time. GHG reduction requirements may be different than what is proposed on the project plans or in the Climate Action Plan Checklist originally submitted with this project. Developer acknowledges that new GHG reduction requirements related to energy efficiency, photovoltaic, electric vehicle charging, water heating and traffic demand management requirements as set forth in the ordinances and codes may impact, but are not limited to, site design and local building code requirements. If incorporating GHG reduction requirements results in substantial modifications to the project, then prior to issuance of development (grading, building, etc.) permits, Developer may be required to submit and receive approval of a Consistency Determination or Amendment for this project through the Planning Division. Compliance with the applicable GHG reduction requirements must be demonstrated on or with the construction plans prior to issuance of the applicable development permits. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code 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. PC RESO NO. 7413 -15- PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on May 19, 2021, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ROY MEENES, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU City Planner PINE AVR O O S E V E L T S T R O O S E V E L T S T A L L E Y M A D I S O N S T T Y L E R S T SDP 2018-0014/MS 2018-0011 635 Pine Ave Condos SITE MAP J SITE E L C AMINO R E A LLA COSTA AV A L G A R DCARLSBAD B L ATTACHMENT 2 ATTACHMENT 3 1 VILLAGE AND BARRIO MASTER PLAN DESIGN GUIDELINES SDP 2018-0014/MS 2018-0011 (DEV2018-0156) – 635 PINE AVE CONDOS INTENT The Design Guidelines (guidelines) intend to implement and enhance the existing character within the Village and Barrio as new development and property improvements occur. Together, the Village and Barrio are a unique, mixed-use environment. They serve as both a shopping and entertainment destination as well as a place to live and work. The guidelines aim to improve the character of the Village and Barrio while improving livability. Guidelines address many components of building style and orientation, including site layout, building massing, roof form, building façades, and appurtenances. Images are intended to provide a visual example of a targeted topic described in the caption and may not represent all aspects and direction provided within this document. Through these areas of focus, the guidelines strive to foster authentic designs with straightforward and functional construction. All development should align with the spirit and intent of the design guidelines presented in this chapter. Designers and developers should consider at a minimum that these guidelines are a starting point for quality development, and do not comprise every possible strategy for achieving high quality design. Therefore, it is prudent that designers use their own techniques for achieving authentic, high quality design. The following guidelines apply to all new and remodeled development within the entire Master Plan Area unless exempt as determined by Section 6.3.2. 2.8.2 SITE PLANNING GUIDELINES CONSISTENCY STATEMENT A.Site layout 1.Place buildings adjacent to, and oriented towards, the street. Locate prominent architectural features near corners and intersections. 2.Orient storefronts and major building entries towards major streets, courtyards, or plazas. 3.Minimize gaps between buildings in order to create a continuous, pedestrian- oriented environment. 4.Place parking lots so as not to interrupt commercial street frontages. 5.Incorporate functional and aesthetic vehicular and pedestrian connections to adjacent sites. 6.Create small pedestrian plazas along the street wall through the use of recesses in building form. 7.Provide easily identifiable pedestrian access from the street and/or sidewalk to key areas within the site. 8.Incorporate plazas, landscaped areas, fountains, public art, textured pavement, and vertical building features to create focal points that enhance a pedestrian’s experience. 9.Utilize atriums and outdoor courtyards to increase the variety and number of views and to bring additional sunlight into large developments. 10.Give careful design consideration to corner lots, as they are typically a focal point in the urban fabric. 11.Utilize courtyards or other methods to break up the building mass and provide natural ventilation, wherever possible. The proposed site layout for the four- unit condominium project takes advantage of the configuration of the lot by placing the front doors of every unit along Pine Avenue. The front doors to the units are accessed via the public sidewalk. The entrances to the units feature covered porches with balconies above. The architecture of the building provides articulation along both street frontages to provide varied, interesting façades and incorporates landscaping areas along the Pine Avenue and Roosevelt frontages. Vehicular access to each unit is provided by a 24-foot-wide private drive-aisle off the Roosevelt Street alley. B.Parking and access 1.Locate parking behind buildings and away from the street, wherever possible. 2.Use pervious paving materials, whenever possible. 3.Buffer residential uses from commercial parking lots by landscaping, fencing, and/or walls. 4.When walls or fences are utilized to screen parking, provide breaks to allow for One vehicular access point is proposed off the Roosevelt Street alley. The proposed drive aisle is deep enough to avoid vehicles blocking the alley. ATTACHMENT 4 2 pedestrian circulation and limit height for safety and security purposes. 5.Divide large parking lots into smaller areas with landscaping and clearly marked pedestrian paths. 6.Highlight primary pedestrian access paths within parking areas with decorative paving, trellises, canopies, lighting, and similar improvements. 7.Create pedestrian paseos to parking lots of buildings. 8.Locate parking below grade or in structures, where feasible. 9.Design parking structures so their height and bulk are consistent with adjacent buildings. 10.Provide bicycle parking at convenient locations such as entrances or other visible and accessible areas. 11.Provide electric vehicle charging stations and equipment where feasible and as otherwise required. Each unit proposes an attached two- car garage with a direct entrance into the unit. Electric vehicle charging stations are not required. However, the circuiting necessary to allow vehicle charging within the private garages will be required so that individual homeowners may install a charging station in the future. C.Plazas and open space 1.Provide private or common open space and pedestrian connections to such spaces to enhance the living environment and contribute to a walkable neighborhood character. 2.Semi-public outdoor spaces, such as small plazas and courtyards are encouraged between private and public spaces to support pedestrian activity and connectivity. 3.Design plazas and building entries to maximize circulation opportunities between adjacent uses. 4.Provide landscaping and high-quality paving materials, such as stone, concrete or tile, for plazas and open spaces. 5.Place outdoor furniture, such as seating, low walls, trash receptacles, bike racks and other elements, in outdoor pedestrian spaces. 6.Site buildings to define open space areas. Ensure that outdoor areas are visible from public streets and accessible from buildings, as well as, streets and pedestrian and bicycle networks. The proposed four-unit condominium project complies with the private open space requirements of the Pine-Tyler Mixed-Use (PT) District of the Village and Barrio Master Plan (VBMP), which requires a minimum of ten percent of the lot area to be maintained as open space. Additionally, each unit must contain a minimum of 60 square feet of private open space. Each unit contains 255 square feet of residential private open space (185- square-foot roof decks and 70- square-foot second-floor balconies) which exceeds the minimum private open space required area and minimum dimensions. Residential common open space is not required as the project does not propose ten or more units. F.Mechanical Equipment and Service Areas 1.Carefully design, locate, and integrate service, utility, and loading areas into the site plan. These critical functional elements should not detract from the public view shed area or create a nuisance for adjacent property owners, pedestrian circulation, or vehicle traffic. 2.Locate loading areas in the rear of a site where possible. 3.Locate mechanical equipment and service areas along and accessed from alleys or the rear of properties, wherever possible. 4.Place public utility equipment, meter pedestals, and transformers underground or away from sidewalks and pedestrian areas, where feasible. 5.Screen all mechanical equipment from public view. 6.Ensure roof mounted mechanical equipment and screening do not interfere with required solar zones or installed solar photovoltaic or solar water heating systems. Air conditioning units for all four units will be located on the roof-top decks and will be adequately screened by the deck guardrails. Each unit will have its own trash and recycling bins within the private garages. Roof plans demonstrate adequate solar zones for future photovoltaic systems. 3 7.Design trash and recycling enclosures to be consistent with the project and building architecture, and site and screen them to minimize visual impact. G.Landscaping Landscaping shall meet the policies and requirements set forth in the City of Carlsbad Landscape Manual. 1.Utilize landscaping to define building entrances, parking lots, and the edge of various land uses. 2.Utilize landscaping to buffer and screen properties. 3.Consider safety, environmental impacts, and accent elements when selecting and locating landscaping elements. 4.Landscaping, between the front property line and the building creates a visually interesting transitional space. Select and place plants to enhance and soften architectural elevations, screen undesirable building features and contribute to the overall quality of the streetscape. 5.Select species that are compatible with Carlsbad’s semi-arid Mediterranean climate, and that will grow to an appropriate size at maturity. 6.When there are minimal landscape areas between the building and the street, incorporate planters onto porches, recessed building entrances, and planters on decks and balconies. 7.Minimize paved vehicle areas such as driveways and parking areas. Design driveways to be no wider than necessary to provide access. Incorporate permeable surfaces, such as interlocking pavers, porous asphalt, power blocks, and lattice blocks/ grasscrete or ribbon driveways where feasible. 8.Utilize planting to screen less-desirable areas from public view, i.e., trash, enclosures, parking areas, storage areas, loading areas, and public utilities. 9.Provide landscaping between any parking lot and adjacent sidewalks or other paved pedestrian areas, as well as, within surface parking lots. 10.Incorporate native and drought tolerant vegetation whenever possible. Avoid use of invasive or noxious plants. 11.Incorporate lattice work and landscaping onto existing blank walls to support flowering vines growing out of planters placed at their base. 12.Plant trees and fast growing and flowering vines along fences and walls tosoften the appearance of the fencing and screen views to functional on-site work and storage areas. 13.Utilize vines, espaliers, and potted plants to provide wall, column, and post texture and color and to accentuate entryways, courtyards, and sidewalks. 14.Incorporate large planters into seating areas. Planters should be open to the soil below and should incorporate permanent irrigation systems. 15.Maintain landscaping and yard areas regularly to keep a desirable, healthy appearance, eliminate trash, and control vermin. 16.Incorporate Low Impact Development (LID) strategies, site design, and source control measures into projects. Examples include rain gardens, rain barrels, grassy swales, soil amendments, and native plants. 17.Utilize seasonal shading from trees and shrubs when developing planting schemes for courtyards and streetscapes on south and west facing facades. The proposed landscape plan complies with the city’s Landscape Manual. Landscaping is provided between the back of the sidewalk and the building facing Roosevelt Street and Pine Avenue. H.Fences and walls 1.Construct fences of quality and durable materials, such as, wood, vinyl or wrought No fences or walls are proposed along the front, rear, or street side 4 iron. 2.Architecturally treat all site walls to complement the building design. 3.Chain link fences and other “see-through” fences are not appropriate for screening. 4.Fences and walls directly adjacent to sidewalks and pedestrian plazas in commercial and mixed-use areas should be avoided unless designed as a pedestrian amenity or a low wall landscape feature. setbacks. A six-foot high wooden fence is proposed along the interior side setback and a 3.5-foot fence is proposed parallel to the front yard setback line. 2.8.3 BUILDING FORM AND MASSING GUIDELINES CONSISTENCY STATEMENT A.Building Form and Articulation 1.Reduce the imposing appearance of tall buildings by stepping back from street level on elevations above the ground floor. 2.Utilize horizontal and vertical articulation to break up monolithic street walls and facades. 3.Utilize techniques to reduce massing, such as variation in wall plane and height and variation in roof form and levels. 4.Surface detailing may be used but does not serve as a substitute for distinctive massing. 5.Consider adjacent low density uses when designing and orienting a building. For example, avoid balconies overlooking rear yards. 6.Minimize the vertical emphasis of architectural design elements by incorporating features such as horizontal bands, reveals, trims, awnings, eaves, and overhangs or other ornamentation, along different levels of the wall surface. 7.Minimize blank walls by: a.Adding window openings and/or entrances and other relief. b.Providing recessed glazing and storefronts. c.Adding vertical pilasters which may reflect internal building structure. d.Changing color and texture along the wall surface. e.Varying the planes of the exterior walls in depth and/or direction. f.Adding trims, projections, and reveals along different wall surfaces. 8.Articulate the building façade by varying building elements to create contrast. Integrate all architectural elements into the building design to avoid the look of “tacked on” architectural features. 9.Utilize facade projections and recesses such as bay windows, planter boxes, roof overhangs, and entry way recesses. 10.Arrange columns such that they appear to support the weight of the building or feature above and are balanced in height, weight, and depth. Spindly columns can appear out of proportion with the element it is supporting. 11.Size shutters appropriately, when used to cover the window opening. 12.Avoid exterior sliding or fixed security grilles over windows along street frontages. 13.Discourage and avoid “chain” corporate architecture and generic designs. Each project should strive to achieve the unique architectural style or character. 14.Design roofs to accommodate a solar photo-voltaic system and/or solar water heating system, as required by California Building Code. 15.Utilize details such as wall surfaces constructed with patterns, changes in materials, building pop-outs, columns, and recessed areas to create shadow The building is designed with several vertical and horizontal alternating planes along Pine Avenue, Roosevelt Street, and the Roosevelt Street Alley. The rooflines are also appropriately varied in pitch and height. Doors, windows, and balconies as well as adequately weighted architectural projections minimize potentially blank walls. 5 patterns and depth on the wall surfaces. 16.Ensure that proportions are consistent with selected architectural styles. 17.Incorporate the characteristic proportions of traditional facades in new infill development. 18.Balance the ratio of height, width, and depth of arches and columns to emphasize strength and balance. 19.Ensure consistency between the height of a column and its mass or thickness with the weight of the overhead structure the column supports. 20.Infill buildings that are much wider than the existing facades should be broken down into a series of appropriately proportioned structural bays or components. 21.Consider transitions between the height of new development and the height of adjacent existing development. 22.Utilize vertical building focal elements. Towers, spires, or domes may foster community identity and serve as landmarks. 23.Utilize windows and open wrought iron balconies to provide opportunities for residents to passively observe and report suspicious activity. 24.Utilize accent materials to highlight building features and provide visual interest. Accent materials may include any of the following: a.Wood b.Glass c.Glass block (transom) d.Tile e.Brick f.Concrete g.Stone h.Awnings i.Plaster (smooth or textured) 25.Use building materials and finishes that are true to the structure’s architectural style. 26.Windows, doors, and entries should be designed to capture the desired architectural style of the building. 27.Generally, use no more than three different materials on exterior wall surfaces. While certain styles may successfully incorporate multiple surface materials, caution must be used as too many materials can result in a less than aesthetically pleasing building. 28.Ensure material changes occur at intersecting planes, preferably at inside corners of changing wall planes or where architectural elements intersect, such as a chimney, pilaster, or projection. 29.Utilize light and neutral base colors. Generally muted color schemes will promote visual unity and allow awnings, window displays, signs and landscaping to be given proper emphasis. 30.Ensure lighting is architecturally compatible with the building. 31.Articulate storefronts with carefully arranged doors, windows, arches, trellises, or awnings, rather than blank walls. 6 32.Ensure that the main entrance to a building is clearly identifiable and unique, as it is the primary point of arrival and should be treated with significance. 33.Window type, material, shape, and proportion should complement the architectural style of the building. 34.Utilize recessed windows where appropriate to the architectural style, to provide depth. C.Balconies 1.Place balconies adjacent to operable doorways. Faux balconies or those that do not appear usable are discouraged. 2.Visually support all balconies, either from below by decorative beams and/or brackets, from above by cables, or by other parts of the building. 3.On corners, balconies may wrap around the side of the building. Usable second floor balconies are provided for each unit. The balconies are supported by adequately weighted columns and are accented with architecturally interesting guardrails and roofs. D.Roof Forms 1.Ensure that roof materials and colors are consistent with the desired architecture or style of the building. 2.Utilize multi-roof forms, hips, gables, shed roof combinations, and sufficiently articulated flat roofs to create interesting and varying roof forms that will reduce building mass, add visual appeal, and enhance existing Village and Barrio character and massing. 3.Avoid long, unbroken, horizontal roof lines. 4.Avoid flat roofs unless sufficient articulation of detail is provided, such as precast treatments, continuous banding or projecting cornices, lentils, caps, corner details, or variety in pitch (sculpted), height, and roofline. 5.Avoid the “tacked on” appearance of parapets, and ensure their appearance conveys a sense of permanence. If the interior side of a parapet is visible from thepedestrian and/or motorist area of the project, utilize appropriate detail and properly apply materials. The proposed rooflines are appropriately varied in pitch and height. The building proposes a mix of flat, pitched, and gabled roof lines. E.Lighting 1.Provide exterior building lighting, particularly in commercial and high- pedestrian areas. 2.Design or select light fixtures that are architecturally compatible with the building. 3.Integrate light fixtures that are downcast or low cut-off fixtures to prevent glare and light pollution. 4.Design lighting in such a way as to prevent the direct view of the light source from adjacent properties or uses, particularly residential properties or uses. 5.Utilize lighting on architectural details, focal points, and parking areas to increase safety, help with orientation, and highlight and site attributes and the identity of an area. 6.Use energy-efficient lamps such as LED lights for all exterior lighting along with adaptive lighting controls to contribute to energy conservation and potentially reduce long-term costs. Exterior lighting fixtures will be located throughout the building and consistent with typical residential lighting. F.Residential Design 1.Design with architectural features such as porches, balconies, chimneys, door placement, window proportions, dormers, wood detailing, fencing, siding, and color scheme to complement the overall building design, site and neighborhood context. 2.Incorporate porches, trellises, landscaping, and other features to extend the The four-unit residential condominium project has been designed with porches and balconies. The exterior finishes and trim materials and colors complement the overall building design. All of the 7 living area toward the street, soften the transition between the street and the dwelling, and encourage community. 3.Design and site units as much as possible to front primary streets to provide “eyes on the street,” create pedestrian environments, and support the walkable, connected character of the Village and Barrio. 4.Articulate windows with accent trim, sills, kickers, shutters, window flower boxes, balconies, awnings, or trellises authentic to the architectural style of the building. 5.Incorporate safe, efficient, and convenient access to usable open space within multifamily developments. 6.Locate garages and parking areas to have the least amount of visual impact on the street. 7.Design garages so that they are subordinate to the main living area, when viewed from the street. Where possible, recess the garage behind the dwelling unit and do not locate it between the main living area and the street. 8.Recess garage doors into the exterior wall, rather than keeping them flush. 9.Design detached garages and accessory structures to be an integral part of the architecture of the project. They should be similar in materials, color, and detail to the principal structures of a development. units front on public sidewalks and landscaping is provided consistent with the City’s Landscape Manual and designed appropriately for the residential site. Private and common open space is adequately provided, and garages are located off a drive- aisle via an alley and do not face directly onto the street. 5256 S. Mission Road, Ste 404Bonsall, CA 92003760.724.1198ARCHITECTURESCALE:FEBRUARY 16, 2021ROOSEVELT STREET AND PINE AVENUECARLSBAD, CATony Cassolato576 Camino El DoradoEncinitas, CA 92024SDP 2018-0014/MS2018-0011COVER SHEETSHEET INDEXA-SP SITE PLANA-1 CONCEPTUAL FLOOR PLANA-2 CONCEPTUAL FLOOR PLANA-3 BUILDING COMPOSITEA-4 BUILDING ELEVATIONSA-5 BUILDING PERSPECTIVESA-6 BUILDING PERSPECTIVESA-7 BUILDING PERSPECTIVESA-8 BUILDING PERSPECTIVESATTACHMENT 5 20.0'DRIVEWAY5.0'SETBACK20.0'21.0'GARAGE10.0'SETBACK24.0'BACKUP18.0'SETBACK0.0' SETBACK5.0'26.0'3.5' FENCE6' PERIMETER FENCE3.0'' GRAVEL STRIP FORTRASH STAGINGCONCEPTUAL SITE PLANA-SPPROJECT SUMMARY3-STORY TOWNHOMESADDRESS635 PINE AVEAPN2040820100ZONINGV-BLAND USE RESIDENTIALHOMES4 UNITSGROSS AREA .193 ACNET AREA.161 ACDENSITY21 DU/ACPARKING8 SPACESSPRINKLER SYSTEM NFPA 13DLOT COVERAGEALLOWED 80% MAXPROVIDED 44% (3,688 SF / 8,396.56 SF)UNIT MIX2 PLAN 1A 4BD/3BA 1750 SF2 PLAN 1B 4BD/3BA 1785 SF4 TOTAL UNITSPARKING SUMMARYPARKING REQUIRED2 SP X 4 DU = 8 SPACESPARKING PROVIDEDGARAGE8 SPACESOPEN SPACE SUMMARYPROPERTY OPEN SPACEREQUIRED 6994 SF X .10 = 699 SFPROVIDED 927 SFPRIVATE OPEN SPACEREQUIRED60 SF/DU = 240 SFPROVIDEDPLAN 1A(255 SF X 2)= 510 SFPLAN 1B(255 SF X 2)= 510 SFTOTAL1,020 SF5256 S. Mission Road, Ste 404Bonsall, CA 92003760.724.1198ARCHITECTURESCALE:FEBRUARY 16, 2021ROOSEVELT STREET AND PINE AVENUECARLSBAD, CATony Cassolato576 Camino El DoradoEncinitas, CA 92024SDP 2018-0014/MS2018-00110 10 20 30 NLEGEND7.5' VISIBILITY TRIANGLEPROPERTY OPEN SPACESTREET PARKINGFIRE HYDRANTWATER METER AND BACKFLOW#BFM 21'-0"5'-0"6'-0"27'-0"5'-0"32'-0"31'-3"31'-3"32'-0"1'-0"GREAT ROOM15'-0" X 15'-6"DINING11'-0" X 12'-6"KITCHEN11'-0" X 13'-6"BABEDROOM12'-0" X 10'-0"DECK8'-0" X 8'-6"70 SFDNUPUPOFFICE7'-0" X 14'-0"PATIOTRRGARAGE20'-0" X 20'-4"20'-9"10'-6"10'-6"20'-9"WH20'-4"20'-0"EVSE30'-9"27'-0"5'-0"32'-0"6"BAMSTRBABEDROOM11'-6" X 10'-0"BEDROOM11'-0" X 11'-0"MASTERBEDROOM11'-0" X 12'-9"W/DUP TOROOF DECKDN11'-712"11'-312"7'-10"20'-3"19'-112"DNROOF DECK185 SFA/C UNITPLAN 1A: 4BD/3BA1ST FLR - 200 S.F.2ND FLR- 800 S.F.3RD FLR- 750 S.F.TOTAL 1,750 S.F.PRIVATE OPEN SPACEDECK 70 S.F.ROOF DECK 185 S.F.TOTAL 255 S.F.5256 S. Mission Road, Ste 404Bonsall, CA 92003760.724.1198ARCHITECTURESCALE:FEBRUARY 16, 2021ROOSEVELT STREET AND PINE AVENUECARLSBAD, CATony Cassolato576 Camino El DoradoEncinitas, CA 92024SDP 2018-0014/MS2018-0011CONCEPTUAL FLOOR PLANFIRST FLOORSECOND FLOORTHIRD FLOORROOF DECK0 4 8 12 A-1 21'-0"5'-0"31'-3"32'-0"27'-0"32'-0"31'-3"GREAT ROOM15'-6" X 15'-6"DINING11'-0" X 12'-6"KITCHEN11'-0" X 13'-6"BABEDROOM12'-0" X 10'-0"DECK8'-0" X 8'-6"70 SFDNUPUPOFFICE7'-0" X 12'-0"PATIOTRRGARAGE20'-0" X 20'-4"20'-9"10'-6"10'-6"20'-9"5'-0"WH20'-4"20'-0"EVSE31'-3"27'-0"32'-0"BAMSTRBABEDROOM11'-6" X 10'-0"BEDROOM12'-0" X 11'-0"MASTERBEDROOM12'-0" X 12'-6"W/DUP TOROOF DECKDN12'-112"11'-312"7'-10"5'-0"23'-3"19'-112"DNROOF DECK185 SFA/C UNITPLAN 1B: 4BD/3BA1ST FLR - 200 S.F.2ND FLR- 820 S.F.2ND FLR- 765 S.F.TOTAL 1,785 S.F.PRIVATE OPEN SPACEDECK 70 S.F.ROOF DECK 185 S.F.TOTAL 255 S.F.5256 S. Mission Road, Ste 404Bonsall, CA 92003760.724.1198ARCHITECTURESCALE:FEBRUARY 16, 2021ROOSEVELT STREET AND PINE AVENUECARLSBAD, CATony Cassolato576 Camino El DoradoEncinitas, CA 92024SDP 2018-0014/MS2018-0011CONCEPTUAL FLOOR PLANFIRST FLOORSECOND FLOORTHIRD FLOORROOF DECK0 4 8 12 A-2 PLAN 1A125'-0"26'-0"PLAN 1APLAN 1B PLAN 1B5'-0"5'-0"5'-0"20'-9"10'-6"20'-9"21'-0"20'-9"10'-6"20'-9"PLAN 1APLAN 1APLAN 1BPLAN 1B32'-0"125'-0"5'-0"5'-0"5'-0"20'-9"10'-6"20'-9"21'-0"20'-9"10'-6"20'-9"PLAN1APLAN1BPLAN1BPLAN1A32'-0"125'-0"5'-0"5'-0"5'-0"19'-712"11'-712"11'-312"24'-3"11'-312"11'-712"19'-712"7'-10"7'-10"PLAN1APLAN1APLAN1BPLAN1B23'-3"RIDGE3:123:123:123:123:123:12RIDGE3:12RIDGE3:123:123:123:123:12+42" PARAPET+54" PARAPET +54" PARAPET+42" PARAPET+42" PARAPET+54" PARAPET+54" PARAPET+42" PARAPET+54" PARAPET+54" PARAPETA/C UNITA/C UNITA/C UNITA/C UNITSOLAR AREA*SOLAR AREA*SOLAR AREA*SOLAR AREA**TOTAL SYSTEM SIZEPER 2019 CEC 150.1(C)14= 6.622 kWdc5256 S. Mission Road, Ste 404Bonsall, CA 92003760.724.1198ARCHITECTURESCALE:FEBRUARY 16, 2021ROOSEVELT STREET AND PINE AVENUECARLSBAD, CATony Cassolato576 Camino El DoradoEncinitas, CA 92024SDP 2018-0014/MS2018-0011BUILDING COMPOSITEFIRST FLOORSECOND FLOORTHIRD FLOORROOF DECK0 4 8 12 A-3 35'-0"1928731112561041311129531351012264318135101226431813MATERIAL SCHEDULE1 ROOF - CONCRETE TILE2 FASCIA - 2 X 6 RESAWN WOOD3 WALL - STUCCO4 WALL - STONE VENEER5 TRIM - 2X STUCCO OVER6 METAL RAILING7 TRELLIS8 DECORATIVE FOAM EAVE9 DECORATIVE AWNING10 DECORATIVE SHUTTERS11 DECORATIVE POTSHELF12 DECORATIVE GABLE ACCENT13 RECESSED WINDOW - TYPICAL (MIN. 2" RECESS)5256 S. Mission Road, Ste 404Bonsall, CA 92003760.724.1198ARCHITECTURESCALE:FEBRUARY 16, 2021ROOSEVELT STREET AND PINE AVENUECARLSBAD, CATony Cassolato576 Camino El DoradoEncinitas, CA 92024SDP 2018-0014/MS2018-0011BUILDING ELEVATIONSNORTH (PINE AVE)0 4 8 12 EASTSOUTHWEST (ROOSEVELT ST)A-4 5256 S. Mission Road, Ste 404Bonsall, CA 92003760.724.1198ARCHITECTURESCALE:FEBRUARY 16, 2021ROOSEVELT STREET AND PINE AVENUECARLSBAD, CATony Cassolato576 Camino El DoradoEncinitas, CA 92024SDP 2018-0014/MS2018-0011BUILDING PERSPECTIVESROOSEVELT & PINEA-5 5256 S. Mission Road, Ste 404Bonsall, CA 92003760.724.1198ARCHITECTURESCALE:FEBRUARY 16, 2021ROOSEVELT STREET AND PINE AVENUECARLSBAD, CATony Cassolato576 Camino El DoradoEncinitas, CA 92024SDP 2018-0014/MS2018-0011BUILDING PERSPECTIVES PINEA-6 5256 S. Mission Road, Ste 404Bonsall, CA 92003760.724.1198ARCHITECTURESCALE:FEBRUARY 16, 2021ROOSEVELT STREET AND PINE AVENUECARLSBAD, CATony Cassolato576 Camino El DoradoEncinitas, CA 92024SDP 2018-0014/MS2018-0011BUILDING PERSPECTIVESALLEYA-7 5256 S. Mission Road, Ste 404Bonsall, CA 92003760.724.1198ARCHITECTURESCALE:FEBRUARY 16, 2021ROOSEVELT STREET AND PINE AVENUECARLSBAD, CATony Cassolato576 Camino El DoradoEncinitas, CA 92024SDP 2018-0014/MS2018-0011BUILDING PERSPECTIVESPINEA-8 STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 2020 W. El Camino Avenue, Suite 500 Sacramento, CA 95833 (916) 263-2911 / FAX (916) 263-7453 www.hcd.ca.gov February 23, 2021 Celia A. Brewer, City Attorney Office of the City Attorney City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Dear Celia Brewer: RE: Request for HCD Opinion on Enforceability of City’s Growth Cap Letter of Technical Assistance This letter is to assist the City of Carlsbad (City) in the implementation of Government Code 66300, part of the Housing Crisis Act (Senate Bill 330) of 2019, as requested in the City’s letter dated August 04, 2020. The City’s letter requested the opinion of the California Department of Housing and Community Development (HCD) as to the enforceability of the City’s growth cap provisions within the Growth Management Program (Proposition E or GMP). For the reasons explained below, HCD finds that the City’s growth cap provisions to be impermissible under Government Code section 66300, subdivision (b)(1)(D). HCD’s opinion is based on the mandatory criteria established by the Legislature with the passage of SB 330 in 2019, also known as the Housing Crisis Act of 2019, which added section 66300 to the Government Code. The State of California is experiencing a housing supply shortage of crisis proportions. To address this crisis, the Legislature declared a statewide housing emergency until 2025 and suspended certain restrictions on development of new housing during the emergency period. (Housing Crisis Act of 2019, Chapter 654, Statues of 2019, section 2(b).) Among other things, the Legislature suspended the ability of cities and counties to establish or implement any provision that: (i) “Limits the number of land use approvals or permits necessary for the approval and construction of housing that will be issued or allocated within all or a portion of the affected county or affected city,” (ii) “Acts as a cap on the number of housing units that can be approved or constructed either annually or for some other time period,” or (iii) “Limits the population of the affected county or affected city.” (Gov. Code, § 66300, subd. (b)(1)(D). ATTACHMENT 7 Celia A. Brewer Page 2 The City’s GMP appears to be designed to assure that housing development in the City and the provision of public services are closely aligned (City of Carlsbad Mun. Code, § 21.09.010.) However, the City’s GMP establishes growth cap numbers City-wide and by quadrant. Moreover, the City’s GMP mandates that the City shall not approve any General Plan amendment, zone change, tentative subdivision map or other discretionary approval for a development which could result in the development above the limit in any quadrant. The establishment of such growths caps and development restrictions contradicts Government Code section 66300, subdivision (b)(1)(D). Accordingly, HCD is of the opinion that such a growth cap under the GMP cannot permissibly be implemented consistent with Government Code section 66300. Thank you for reaching out to HCD for this guidance. Please contact Melinda Coy of our staff, at Melinda.Coy@hcd.ca.gov, with any questions. Sincerely, Shannan West Land Use and Planning Chief Community Development Planning Division 1635 Faraday Avenue  Carlsbad, CA 92008  760-602-4600  760-602-8560 fax ERRATA SHEET FOR AGENDA ITEM #3 Memorandum May 17, 2021 To: Planning Commission From: Esteban Danna, Associate Planner Via Don Neu, City Planner Re: Errata Sheet for Agenda Item #3 - SDP 2018-0014/MS 2018-0011 (DEV2018- 0156) – 635 PINE AVE CONDOS Staff is recommending that the Planning Commission include the following revisions: The third paragraph in Section E (page 9) of the staff report is revised as follows: Senate Bill (SB) 330 and the Growth Management Program SB 330 prohibits the city from utilizing residential housing cap limits (i.e. the city’s excess dwelling unit bank (EDUB) under the Growth Management Program (GMP)) to regulate the number of housing units built in the city. On Feb. 23, 2021, the city received a letter from the State of California Department of Housing and Community Development (Exhibit 7), confirming that under Government Code Section 66300 (b)(1)(D), the city cannot use its growth cap limits specified in the city’s GMP to limit or prohibit residential development. Therefore, the removal of units from the EDUB is being documented solely for residential unit tracking purposes. The project requires the removal of three units from the city’s EDUB, as directed under City Council Policy Statement 43. As of March 31, 2021, a total of 417 units are allocated to the Northwest Quadrant and 1953 417 units remain in the citywide city’s EDUB. A total of 414 units will be available in the Northwest Quadrant upon project completion and 1950 units citywide.