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HomeMy WebLinkAbout2022-06-01; Planning Commission; ; CT 2021-0002/PUD 2021-0007/CDP 2021-0038 (DEV2021-0154) - GARFIELD BEACH HOMESltemNo.Q P.C. AGENDA OF: June 1, 2022. Application complete date: March 28, 2022 Project Planner: Paul Dah SUBJECT: Project Engineer: Allison Mclaughlin CT 2021-0002/PUD 2021-0007 /CDP 2021-0038 (DEV2021-0154) -GARFIELD BEACH HOMES -Request for approval of a Tentative Tract Map, Planned Development Permit and Coastal Development Permit to allow the demolition of three residential units on two lots, two on APN 204-240-14-00 and one on APN 204-240-13-00 and the development of a 12-unit, residential air-space condominium project on a 0.57-acre site located at 3570- 3590 Garfield Street, within the Mello II Segment of the Local Coastc1I Program and within Local Facilities Management Zone 1. The project site is not located within the appealable area of the California Coastal Commission. The City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15332-In-fill Development Projects of the state CEQA Guidelines. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7449 APPROVING Tentative Tract Map CT 2021-0002, Planned Development Permit PUD 2021-0007, and Coastal Development Permit CDP 2021-0038 based upon the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND The applicant proposes to demolish three existing residentials units and associated structures, two located at 3588 and 3590 Garfield Street, and one located at 3570 Garfield Street and construct a 12-unit, residential air-space condominium project on two lots proposed to be merged (APN's 204-240-13-00 and 204-240-14-00) totaling 0.57-acres (24,829 square feet). This project is considered an in-fill site located within the Mello II Segment of the Local Coastal Program and the Beach Area Overlay Zone (BAOZ). The development of the proposed condominium project requires the approval of a Tentative Tract Map (CT 2021-0002), a Planned Development Permit (PUD 2021-0007), and a Coastal Development Permit (CDP 2021-0038.) The Tentative Tract Map Subdivision is considered major as it involves the division of land into five or more condominiums. Topographically, the site slopes down in elevation from 60 feet above mean sea level (MSL) at Garfield Street (western property line) to approximately SO feet above MSL at the rear of the property. The site does not contain any sensitive vegetation. Pursuant to a Cultural Resources Study prepared for the project (Anza Resource Consu ltants, July 2021), the residential units are estimated to have been constructed between 1952 and 1954 and is not historically significant pursuant to CEQA. Access to the site is provided by a driveway isle off Garfield Street. CT 2021-0002/PUD 2021-0007/CDP 2021-0038 (DEV2021-0154)-GARFIELD BEACH HOMES June 1, 2022 Pa e 2 The proposed 12-unit condominium project is designed in three configurations, Units one (1) and 12 are single standing, Units 2, 3, 11, 10, are clustered as two-family units, and Units four (4) through nine (9) are clustered as three attached units. As air-space condominiums are proposed, the underlying lot will be held in common interest between the 12 property owners. The common area includes, but is not limited to, a private drive aisle, guest parking, and common landscaped areas. All buildings are three stories with an overall building height of 29 feet 11 inches as measured from the new finished grade. The pad height at the rear of the property has a finished grade slightly higher than the existing grade, similar to recent development within the neighborhood, to accommodate gravity flow of storm water and wastewater. All units include private patios and balconies. Access to each of the units will be provided by a 24-foot drive isle off Garfield Street. Each unit has an attached two-car garage, and the site will provide four uncovered visitor parking spaces. A breakdown of each type of unit is summarized in Table A below. TABLE A -DETAILS FOR UNIT TYPE Units Size in SF Bedrooms Bathrooms Private Open Space (including garage) 1 and 12 2,760 3 3.5 432 2,3,4,6,7,9-11 2,624 3 3 251 5 and 8 2,503 3 2.5 347 The architectural design of the project is a beach contemporary style featuring rectangular massing, gable roofs, and balconies off the second and third floor to provide visual interest. Primary building materials include white smooth stucco, white and blue and soft green (aka "Thyme") horizontal siding, and the windows and doors are a dark bronze color. Dark gray composite asphalt shingles cover a 3:12-pitched roof on each building. A six-foot-tall horizontal wood fence is proposed along the north and south property lines and a combination retaining wall/ornamental iron fencing proposed along the rear of the property. Grading quantities include 265 cubic yards of cut, 2,370 cubic yards of fill, 2,105 cubic yards of import, and 375 cubic yards of remedial grading. A grading permit will be required for the project. The proposed project will improve the frontage improvements along Garfield Street, including a curb, gutter, and sidewalk, and maintain the four street trees located along the street frontage. Table B below includes the General Plan designations, zoning and current land uses of the project site and surrounding properties. TABLE B-SITE AND SURROUNDING LAND USES Location General Plan Designation Zoning Current Land Use Site R-23 Residential 15-23 du/ac R-3 within BAOZ Three residential units North R-23 Residential 15-23 du/ac R-3 within BAOZ Multi-family residehtial South R-23 Residential 15-23 du/ac R-3 within BAOZ SFR & Condominiums East R-23 Residential 15-23 du/ac R-3 within BAOZ Multi-family residential West R-23 Residential 15-23 du/ac R-3 within BAOZ Multi-family residential The project meets the City's standards for planned developments and subdivisions, and as designed and conditioned, Is in compliance with the General Plan, Subdivision Ordinance, and relevant zoning regulations ofthe Carlsbad Municipal Code (CMC). CT 2021-0002/PUD 2021-0007 /CDP 2021-0038 (DEV2021-0154)-GARFIELD BEACH HOMES June 1, 2022 Pa e 3 Ill. ANALYSIS The project is subject to the following regulations: A. R-23 Residential General Plan Land Use Designation B. Multiple-Family Residential {R-3) Zone, Planned Development Regulations and Beach Area Overlay Zone (BAOZ) (CMC Chapters 21.16, 21.45 and 21.82) C. Oty Council Policy Nos. 44 and 66 (Neighborhood Architectural Design Guidelines and livable Neighborhoods) D. Coastal Development Regulations for the Mello II Segment of the local Coastal Progr~m (CMC Chapter 21.201) and the Coastal Resource Protection Overlay Zone (CMC Chapter 21.203) E. Subdivision Ordinance (CMC Trtle 20) F. lnclusionary Housing Ordinance (CMC Chapter 21.85); and G. Growth Management Ordinance (CMC Chapter 21.90), Local Facilities Management Plan Zone 1. The recommendation for approval of this project was determined by analyzing the project's consistency with the applicable regulations and policies. The project's compliance with each of the above regulations is discussed in detail in the sections below. A. R-23 Residential General Plan land Use Designation The General Plan Land Use designation for the property is R-23 Residential, which allows residential development at a density range of 15-23 dwelling units per acre (du/ac). With a net developable acreage of 0.57-acres the land use designation of R-23 all'ows a density of 8.5 (round up to 9) to 13 units on the site. Therefore, the 12-unit residential development complies with the R-23 General Plan land Use designation for density. The R-23 General Plan Land Use designation for the property also has a Growth Management Control Point (GMCP) of 19 du/ac. The GMCP is a tool utilized by the city to track anticipated growth within the city and plan for future facility needs. In compliance with Senate Bill (SB) 330, Government Code Section 66300 (b)(l)(D), and City Council action (Resolution No. 2021-074) the GMCP cannot be used as a residential housing cap. At the GMCP, 10.8 dwelling units, or 11 units when rounded up per CMC Section 21.53.230(e), the density on this 0.57 net-developable-acre property would be exceeded by one (1). With twelve units proposed, one dwelling unit will be withdrawn from the Excess Dwelling Unit Bank for residential unit tracking purposes only. Additionally, the project corn plies with the Elements of the General Plan as outlined in Table C below: TABLE C-GENERAL PLAN COMPLIANCE Element Use, Classi,fication, Goal, Objective, or Proposed Uses & Improvements Comply? Program l and Use Goal 2-G.3 The proposed 12-unit residential infill Yes Promote infill development that makes development makes efficient use of efficient use of limited land supply, the existing lot in that it increases the while ensuring compatibility and number of units from three to 12. A integrc1tion with existing 12-unit development is compatible uses. Ensure that infill properties with the surrounding development. develop with uses and development intensities supporting a cohesive development pattern. CT 2021-0002/PUD 2021-0007 /CDP 2021-0038 (DEV2021-0154) -GARFIELD BEACH HOMES June 1, 2022 Pa e 4 Element Use, Classification, Goal, Objective, or Proposed Uses & Improvements Program Policy 2-P.7 The 12-unit residential project density Do not permit residential development of 21 du/ac is within the R-23 below the minimum of the density Residential density range of 15 to 23 range except in certain circumstances. dwelling units per acre. Policy 2-P.8 In compliance with Senate Bill (SB) Do not permit residential development 330, Government Code Section 66300 to exceed the applicable Growth (b)(l)(D), and City Council action Management Control Point (GMCP) (Resolution No. 2021-074) the GMCP density unless certain findings are cannot be used as a residential made. housing cap. Therefore, this policy is not applicable. Mobility Policy 3-P .5 The proposed project has been Require developers to construct or pay designed to meet all circulation their fair share toward improvements requirements, including vehicular for all travel modes consistent with the access to and from Garfield Street. In Mobility Element, the Growth addition, the applicant will be required Management Plan, and specific impacts to pay any applicable traffic impact a·ssociated with their development. fees, prior to issuance of a building permit, that will go toward future road improvements. The proposed project includes the improvement of curb, gutter and sidewalk along the Garfield Street frontage. Though the frontage along Garfield Street is currently improved with a curb, gutter and sidewalk, the site will update the frontage improvements to current development standards. Noise Goal 5-G.2 The project consists of 12 residential Ensure that new development is air-space condominiums configured in compatible with the noise single, duplex and triplex units, A environment, by continuing to use noise study prepared for the project potential noise exposure as a criterion (Birdseye Planning Group in June of in land use planning. 2021) concluded the project complies with the Noise Guidelines Manual and Policy 5.P.2 applicable General Plan policies. No Require a noise study analysis be project-specific conditions are conducted for all discretionary required. development proposals located where projected noise exposure would be other than "normally acceptable." Housing Program 2.1 As twelve units are proposed, not less The lnclusionary Housing Ordinance than 15 percent of the total units or requires that a minimum of 15 percent two units shalt be constructed and Comply? Yes Yes Yes CT 2021-0002/PUD 2021-0007 /CDP 2021-0038 (DEV2021-0154)-GARFIELD BEACH HOMES June 1, 2022 Pa e 5 Element Use, Classification, Goal, Objective, or Proposed Uses & Improvements Program of all ownership projects of seven units restricted both as to occupancy and or more be restricted and affordable to affordability to lower-income lower income households. households. Pursuant to CMC Section 21.85.070, when new construction is determined to be infeasible or present a hardship, alternatives to the construction of a unit onsite include a contribution to a special needs housing project or program. On April 11, 2022, the Housing Policy Team recommended approval of the applicant's request to purchase two affordable housing credits from the Tavarua affordable housing credit bank. Goal 10-G.l New housing developed with diversity The project is conditioned to enter of types, prices, tenures, densities, and into an Affordable Housing Agreement locations, and in sufficient quantity to to purchase two affordable housing meet the demand of anticipated city credits from the Tavarua affordable and regional growth and to meet or housing credit bank to meet the exceed the city's established Regional inclusionary housing requirement. Housing Needs Allocation (RHNA). This housing development will help ensure the city achieves its goal of contributing housing with diversity of types, prices, tenures, densities, and locations, and in sufficient quantity to meet the demand of anticipated city and regional growth and to meet or exceed the city's established Regional Housing Needs Allocation (RHNA). Per Government Code Section 65863 (aka No Net Loss Law) a city cannot approve new housing at significantly lower densities or at different income categories than was projected in the RHNA of the Housing Element without making specific findings and identifying other sites that could accommodate these units and affordability levels "lost" as a result of the approval. The so-called "no net loss" provisions apply when a site is included in the jurisdiction's Housing Element's inventory of sites and is Comply? CT 2021-0002/PUD 2021-0007/CDP 2021-0038 (DEV2021-0154)-GARFIELD BEACH HOMES June 1, 2022 Pa e 6 Element Use, Classification, Goal, Objective, or Proposed Uses & Improvements Comply? Program either rezoned to a lower residential density or is approved at a lower residential density than shown in the Housing Element. The project site is not identified in the City's General Plan Housing Element Residential Sites Inventory for the 6th RHNA Planning Cycle. Because the provision of "no net loss" applies to housing located on any site listed in the City's Housing Element, the City does not need to determine if this project or a decision related to this project would be subject to No Net Loss Law and its remedies. Public Goal 6-G.1 The proposed structural Safety Minimize injury, loss of life, and improvements will be required to be damage to property resulting from fire, designed in conformance with all flood, hazardous material release, or seismic design standards. In addition, seismic disasters. the proposed project is consistent with all the applicable fire safety Policy 6-P .6 requirements including fire sprinklers. Enforce the requirements ofTitles 18, 20, and 21 pertaining to drainage and Furthermore, the project has been flood control when reviewing conditioned to develop and applications for building permits and implement a program of "best subdivisions. management practices" for the elimination and reduction of Policy 6-P.34 pollutants which enter into and/or are Enforce the Uniform Building and Fire transported within storm drainage codes, adopted by the city, to provide facilities, 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. Multiple-Family Residential (R-3) Zone, Planned Development Regulations, and Beach Area Overlay Zone (BAOZ) (CMC Chapters 21.16, 21.45 and 21.82) Yes The proposed project is required to comply with all applicable land use and development standards of the Carlsbad Municipal Code (CMC) includlngthe Multiple-Family Residential (R-3) Zone (CMC Chapter 21.16), CT 2021-0002/PUD 2021-0007 /CDP 2021-0038 (DEV2021-0154) -GARFIELD BEACH HOMES June 1, 2022 Pa e 7 Planned Developments (CMC Chapter 21.45), and the Beach Area Overlay Zone (BAOZ) (CMC Chapter 21.82). The 12-unit residential air-space condominium project meets or exceeds the requirements of the R-3 Zone and the BAOZ as outlined in Table "D" below. With exception to the standards listed in Table D below, the Planned Development regulations provide the majority of the development standards. The project complies with all applicable development standards for Planned Developments {CMC Chapter 21.45). Please refer to Exhibit No. 5 for an analysis of the project's compliance with Tables C and E of the Planned Development regulations. TABLED-BAOZ COMPLIANCE BAOZ Standards Required Proposed Comply? Building Height 30 feet with a minimum 3:12 roof 29 feet 11 inches with 3:12 roof Yes pitch provided or 24 feet if less pitch than a 3:12 roof pitch~ is provided Parking Projects with 11 dwelling units or 4 Visitor Parking Spaces Yes more provide 0.25 visitor parking spaces per unit (12 units X 0.25 = 3) C. City Council Policy Nos. 44 (Neighborhood Architectural Design Guidelines) and 66 (livable Neighborhoods) The project is subject to City Council Policy No. 44 -Neighborhood Architectural Design Guidelines and City Council Policy No. 66 -Livable Neighborhoods. Please refer to Exhibit No. 6 for detailed analysis of project compliance with City Council Policy No. 44 and Exhibit No. 7 for detailed analysis of project compliance with City Council Policy No. 66. The proposed 12-unit residential air-space condominium project proposes a deviation to architectural guideline #9 of City Council Policy No. 44 which states: The remaining total number of homes shall comply with one of the following guidelines • The home shall have a single-story building edge with a depth of not less than 8 feet and shall run the length of the building along one side except for tower elements. The roof covering the single- story element shall incorporate a separate roof plane and shall be substantially lower than the roof for the two-story element. Porches and porte-cochere elements shall qualify as a single-story edge. Houses with courtyards that are a minimum of 15 feet wide located along t he side of the house and setback a minimum of 15 feet from the property line are not required to have a single- story building edge. • The home shall have a single-story building edge w ith a depth of not less than 5 feet and shall run the length of the building along one side. The roof of the single-story element shall be substantially lower than the roof for the two-story element of the building. • The home shall have a single-story building edge with a depth of not less than 3 feet for 40% of the perimeter of the building. CT 2021-0002/PUD 2021-0007 /CDP 2021-0038 (DEV2021-0154)-GARFIELD BEACH HOMES June 1, 2022 Pa e8 In general, the project does not comply with the single-story building edge requirement contained within the policy as that specific guideline of the policy is targeted toward traditional two-story, single-family development. The property's Multiple-Family Residential (R-3) zoning allows for three-story development which is not typically permitted in the R-1 (One-Family Residential) zone as this policy guideline #9 focuses on. The R-23 General Plan Land Use Designation allows up to 13 dwelling units on the site. In addition, if each of the 12 units were attached and proposed as one building, the project would be considered a multi- family project and, therefore, not subject to these arch1tectural guidelines. Since the development is configured in six detached buildings comprising a total of 12 air-space condominium units, the policy applies, Prior development projects subject to this policy have evaluated the intent of this policy though not developing single-story residences (e.g., Marja Acres) due to current development trends and housing demands the project meets the intent of the policy by designing the units to complement single-story residences. Therefore, the project complies. City Council Policy No. 44 allows an applicant to propose an architectural style that complies with the purpose and intent of the policy which states: "The purpose and intent of the architectural guidelines is to ensure that a variety of architectural elements are incorporated into single-family homes and two- family structures so that they: a) are visually interesting, b) have sufficient building articulation to reduce their bulk and mass, c) are in scale to their lot size, and d) strongly contribute to the creation of livable neighborhoods.'' A justification of how the proposed project complies with the intent and purpose of City Council Policy No. 44 is provided in Table "E" below. TABLE E-CITY COUNCIL POLICY NO. 44 INTENT AND PURPOSE COMPLIANCE Goal Justification Visually interesting. The proposed project provides recessed first level porches for all units and second and third story balconies which face Garfield Street (Unit 1 and 12) and the private drive isle on the remaining units. The single-family unit, duplex, and triplex family dwelling configuration have a variety of materials consisting of colored stucco, horizontal siding, accent roof features, and more than five different building materials that cohesively complement each other. Sufficient building articulation The second and third story decks provide articulation on various to reduce bulk and mass. elevations and help reduce the bulk and mass of the project. In scale to their lot size. The project is permitted to have a lot coverage up to 60%. This project proposes a lot coverage-of 49%. Area is provided for private and communal open/outdoor space. The project complies with the standards in the Zoning Ordinance. Strongly contribute to the Given the size of the lot (0.57 acres) and the existing R-23 General creation of livable Plan Land Use designation, up to 13 units can be permitted on the neighborhoods. lot. The project site is surrounded by multi-family developments. By developing a configuration of six detached buildings, the mass of the development is broken up and provides future tenants with more natural light and privacy than a fully attached multi-family development. D. Coastal Development Regulations for the Mello II Segment of the Local Coastal Program (CMC 21.201) and the Coastal Resource Protection Overlay Zone (CMC 21.203) 1. Mello II Segment of the Certified Local Coastal Program and all applicable policies CT 2021-0002/PUD 2021-0007 /CDP 2021-0038 (DEV2021-0154)-GARFIELD BEACH HOMES June 1, 2022 Pa e 9 The proposed site is in the Mello It Segmeht of t he Local Coastal Program (LCP) and is not located within the appealable area of the California Coastal Commission. The project site has an LCP Land Use designation of R-23 Residential and Zoning of R-3, which are consistent with the city's General Plan and Zoning. The project's consistency with the R-23 Residential General Plan Land Use designation is analyzed in Section "A," Table "C" above. The project consists of the demolition of three existing residential units and associated structures (i.e., garages and sheds) and the construction of a 12-unit air-space condominium project. The proposed project is compatible with the surrounding development of multi-family residential structures. The three-story structures will not obstruct views of the coastline as seen from public l~nds or the public right-of-way, nor otherwise damage the visual beauty of the Coastal Zone. No agricultural uses currently exist on the previously developed site, nor are there any sensitive resources located on-site. The proposed project is not located in an area of known geologic instability or flood hazard. Since the site does not have frontage along the coastline, no public opportunities for coastal shoreline access are available from the subject site. Furthermore, the residentially designated site is not suited for water-oriented recreation activities. 2. Coastal Resource Protection Overlay Zone The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (CMC Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban run-off, pollutants and soil erosion. The subject property does not include steep slopes (equal to or greater than 25 percent gradient) nor native vegetation. In addition, the site is not located in an area prone to landslideS', or susceptible to accelerated erosion, floods, or liquefaction. E. Subdivision Ordinance (Title 20) The Land Development Engineering Division has reviewed the proposed Major Subdivision and has found that the subdivision complies with all applicable requirements of the Subdivision Map Act and the city's Subdivision Ordinance (Title 20) for Major Subdivisions. The subdivision is considered major because it involves the division of land into five or more condominiums (12 air-space condominiums proposed). The proposed project will improve the frontage infrastructure along Garfield Street, including a curb, gutter, and S'idewalk. The project has been conditioned to install all infrastructure-related improvements and the necessary easements for these improvements concurrent with the development. F. lnclusionary Housing Ordinance (CMC Chapter 21.85) As twelve units are proposed, not less than 15 percent of the total units, or two units, shall be constructed and restricted both as to occupancy and affordability to lower-income households. Pursuant to CMC Section 21.85.0701 when new construction is determined to be infeasible or present a hardship, alternatives to the construction of the unit onsite including the purchase of housing credits. On April 11, 2022, the city's Housing Policy Team recommended approval of the applicant's request to either purchase two affordable housing credits from the Tavarua affordable housing credit bank or provide two affordable units within the development. The project is conditioned to either: 1) enter into an Affordable Housing Agreement for the provision of two on-site affordable housing units; or 2) enter into an Affordable Housing Agreement to purchase two affordable housing credits from the Cassia Heights affordable housing credit bank to meet the inclusionary housing requirement. Pursuant to Section 7 of City Council CT 2021-0002/PUD 2021-0007 /CDP 2021-0038 (DEV2021-0154) -GARFIELD BEACH HOMES June 1, 2022 Pa e 10 Policy No. 57 adopted on March 22, 2022 the decision-making authority for t he underlying permit application shall have the authority to approve a credit purchase found consistent with the policy. G. Growth Management (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 fadlities 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 42.44 sq. ft./du Yes Library 22.64 sq. ft./du Yes Wastewater Treatment 12 EDU = 3,000 GPD Yes Parks 0.08 acre Yes Drainage 2.36 CFS Yes Circulation 96ADT Yes Fire Station No. 1 Yes Open Space N/A N/A Schools Carlsbad (E=0.63/M=0.28/HS = 0.34) Yes Sewer Collect ion System 12 EDU Yes Water 3,000 GPD Yes The Growth Management Control Point for the property under the R-23 General Plan Land Use designation is 19 du/ac and t his project would require one unit from the city's Excess Dwelling Unit Bank (EDUB). The withdrawal and deposit of units from the EDUB is being documented for the sole purpose to track residential units. Pursuant to Senate Bill 330, Government Code Section 66300 (b)(l)(D) and City Council Action (Resolution No. 2021-074), the city cannot use the city's EDUB under the Growth Management Program to regulate the number of units built in the city and to limit or prohibit residential development. IV. ENVIRONMENTAL REVIEW The California Environmental Quality Act {"CEQA"), and its implementing regulations ("CEQA Guidelines") adopted by the Secretary of the California Natural Resources Agency, list classes of projects that have been determined not to have a significant effect on the environment and as a result are exempt from further environmental review under CEQA. City staff completed a review of the project and potential environmental impacts associated with the project pursuant to CEQA and concluded that the project qualified for an exemption Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemption of the State CEQA Guidelines. In making t his determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project, including "historical resources." Specifically, the existing structures, which have an estimated age range of 40 to 96 years old and are proposed to be demolished, are not included in a local register of historical resources, and a qualified professional has determined that it does not meet the criteria for listing on the California Register of Historical Resources as detailed in the historic structures assessment prepared for the project (Anza Resource Consultants, July 2021). A Notice of Exemption will be filed by the City Planner upon final project approval. CT 2021-0002/PUD 2021-0007 /CDP 2021-0038 (DEV2021-0154) -GARFIELD BEACH HOMES June 1, 2022 Pa e 11 A notice of intended decision regarding the environmental determination was advertised on April 20, 2022 and posted on the city's website. The notice included a general description of the project, the proposed environmental findings, and a general explanation of the matter to be considered. The findings and determination contained in that notice was declared as final on the dc1te of the noticed decision, unless appealed as provided by the procedures commencing in Chapter 21.54 (Procedures, Hearings, Notices, and Fees) of the Zoning Ordinance. During the 10-day public review period, no appeal was filed regarding the prospective environmental determination. Since no appeal was filed and no substantial evidence was submitted that would support a finding that the exemption requirements would not be satisfied, the project was determined by the city planner to not have a significant effect on the environment. The CEQA Determination letter is attached to this staff report as Exhibit 4 and demonstrates that the project is categorically exempt from further environmental review. The city planner's written decision is final and the CEQA determination is not within the Planning Commission's purview. With the appropriate environmental clearances in place, all of the city's procedural requirements and relevc1nt aspects of CEQA have been satisfied. In making t his determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines and Chapter 19.04 of the Municipal Code do not apply to this project, including "historical resources." EXHIBITS: 1. Planning Commission Resolution No. 7449 2. Location Map 3. Disclosure Statement 4. CEQA Determination of Exemption 5. Planned Development Tables C & E 6. City Council Policy No. 44 Compliance Table 7. City Council Policy No. 66 Compliance Table 8. Reduced Exhibits 9. Foll Size Exhibits "A" -"AA" dated June 1, 2022 PLANNING COMMISSION RESOLUTION NO. 7449 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING CARLSBAD TRACT CT 2021-0002, PLANNED DEVELOPMENT PERMIT PUD 2021-0007 AND COASTAL DEVELOPMENT PERMIT CDP 2021-0038 TO ALLOW THE DEMOLITION OF THREE RESIDENTIAL UNITS AND THE DEVELOPMENT OF A 12-UNIT, RESIDENTIAL AIR-SPACE CONDOMINIUM PROJECT ON A 0.57-ACRE SITE LOCATED AT 3570-3590 GARFIELD STREET, WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: GARFIELD BEACH HOMES CASE NO .: CT 2021-0002/PUD 2021-0007 /CDP 2021-0038 (DEV 2021-0154) EXHIBIT 1 WHEREAS, RREG INVESTMENT SERIES LLC, "Developer/Owner," has filed a verified application with the City of Carlsbad regarding property described as PORTIONS OF MAP NO. 1747, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 5, 1923, AND THOSE PORTIONS OF MAP NO. 1803, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 24, 1924. MORE FULLY DESCRIBED IN GRANT DEED RECORDED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER AS DOCUMENT NO. 2014-0005416 ("the Property"); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map, Planned Development Permit and Coastal Development Permit as shown on Exhibit(s) "A" -"AA" dated June 1, 2022, on file in the Planning Division CT 2021-0002/PUD 2021-0007/CDP 2021-0038 -GARFIELD BEACH HOMES, as provided by Chapters 21.16, 21.45, 21.201 and 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on June 1, 2022, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if . any, of persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map, Planned Development Permit, and Coastal Development Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVES CT 2021-0002/PUD 2021-0007 /CDP 2021-0038-GARFIELD BEACH HOMES, based on the following findings and subject to the following conditions: Findings: Tentative Tract Map (CT 2021-0002) 1. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the 12-unit residential air-space condominium project created through the tentative tract map satisfies all the minimum requirements of Title 20 and has been designed to comply with all applicable regulations including the Multiple-Family Residential (R-3) Zone, the Planned Development Ordinance, and the R-23 General Plan Land Use designation. 2. That the proposed project is compatible with the surrounding future land uses since surrounding properties are developed and are currently designated as R-23 Residential in the General Plan. The subject property is bordered on all sides by existing multi-family and one single-family residence to the south of the project site. Given the existing, surrounding development, the air- space residential condominium project is compatible with existing and future land uses. 3. That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that all required development standards and design criteria required by the Multiple-Family Residential (R-3) Zone, the Planned Development Ordinance, and the Beach Area Overlay Zone (BAOZ) are incorporated into the 12-unit residential air-space condominium project. 4. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the 12-unit residential air-space condominium project has been designed and conditioned so that there are no conflicts with established easements. 5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 6. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that structures include operable windows on all elevations and balconies to maximize exposure of each unit to natural light and ventilation from nearby coastal breezes. 7. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the city and available fiscal and environmental resources in that the applicant proposes to enter into an affordable housing agreement to purchase two affordable housing credits from the Tavarua affordable housing credit bank to satisfy their inclusionary housing PC RESO NO. 7449 -2- obligations prior to the issuance of a building permit. As such, the project is conditioned to enter into an Affordable Housing Agreement to purchase two affordable housing credits from the Tavarua affordable housing credit bank to meet the inclusionary housing requirement. 8. The affordable housing credit bank project site is located in the same city quadrant in which the market-rate units are located or is contiguous to the quadrant in which the market-rate units are proposed in that the site is located in the northwest quadrant of the city which is contiguous to the southeast quadrant where the Tavarua affordable housing credit bank is located. 9. There are sufficient housing credits available to purchase in that there currently exists 26 affordable housing credits in the Tavarua affordable housing credit bank, which exceeds the two credits requested to meet the projects' inclusionary housing requirement. 10. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that the 12-unit residential air-space condominium project site has been previously developed with three multi-family residential units and is surrounded by existing multi-family residential development. 11. 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 will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants, and soil erosion. Planned Development Permit {PUD 2021-0007) 12. The proposed project is consistent with the general plan, and complies with all applicable provisions of this chapter, and all other applicable provisions of the Carlsbad Municipal Code, in that the density of 21 dwelling units per acre {du/ac) for the 12-unit residential air-space condominium project is consistent with the R-23 Residential Land Use designation {15-23 du/acre). As discussed in the staff report, the project is consistent with all minimum development and design standards applicable to the property as contained in Chapters 21.16 {Multiple-Family Residential {R-3)), Chapter 21.82 (Beach Area Overlay Zone), and 21.45 {Planned Developments) Zone of the Carlsbad Municipal Code. 13. · The proposed project will not be detrimental to existing uses, or to uses specifically permitted in the area in which the proposed use is to be located, and will not adversely impact the site, surroundings, or traffic, in that the 12-unit residential air-space condominium project does not propose or require any variances from standards, is compatible with existing surrounding uses as permitted by the Multiple-Family Residential (R-3) Zone, and does not create any traffic circulation impacts as Garfield Street is adequately designed to accommodate the 96 Average Daily Trips {ADT) being generated. 14. The project will not adversely affect the public health, safety, or general welfare, in that the 12- unit residential air-space condominium project has been designed to comply with all applicable development standards to ensure compatibility with surrounding multiple-family residential uses. PC RESO NO. 7449 -3- 15. The project's design, including architecture, streets, and site layout a) contributes to the community's overall aesthetic quality; b) includes the use of harmonious materials and colors, and the appropriate use of landscaping; and c) achieves continuity among all elements of the project, in that the 12-unit residential air-space condominium project is arranged with units along a private drive aisle that is enhanced by decorative pavers and landscaping. The six- building configuration of three-story buildings with attached garages are architecturally harmonious with each other and include a variety of exterior materials and colors that are complementary of each other. Primary building materials include white and blue and soft green horizontal siding, and the windows and doors accented with a dark bronze color to complement the building materials. All elements (i.e., site layout, architecture, landscaping) create continuity in the overall project design. Coastal Development Permit (CDP 2021-0038} 16. That the proposed development is in conformance with the Mello II Segment of the Certified Local Coastal Program {LCP) and all applicable policies, in that the site is designated R-23 Residential (15-23 du/ac) for multi-family residential development by the Mello II LCP. The project consists of the demolition of three multi-family residences and the construction of 12 air-space condominiums in six separate buildings. The proposed project is compatible with the surroundings existing multi-family residential structures. The three-story structures will not obstruct views of the coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of the Coastal Zone. No agricultural uses currently exist on the site, nor are there any sensitive resources located on-site. The proposed project is not located in an area of known geologic instability or flood hazard. Since the site does not have frontage along the coastline, no public opportunities for coastal shoreline access are available from the subject site. Furthermore, the residentially-designated site is not suited for water- oriented recreation activities. 17. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the property is not located adjacent to the shoreline. Therefore, the 12-unit residential air-space condominium project will not interfere with the public's right to physical access to the ocean and, furthermore, the residentially-designated site is not suited for water- oriented recreation activities. 18. That the project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the 12-unit residential air-space condominium project will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants, and soil erosion. No steep slopes or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 19. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X of the Land Use Plan, certified September 1990 and Agricultural Conversion Mitigation Fees are not required in accordance with the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance). 20. The project is not between the sea and the first public road parallel to the sea and therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone {Chapter 21.204 of the Zoning Ordinance). PC RESO NO. 7449 -4- General 21. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the city's General Plan based on the facts set forth in the staff report dated June 1, 2022, including, but not limited to the following: A. Land Use & Community Design -The project makes efficient use of limited land supply by subdividing a 0.57-acre site into 12 air-space lots to construct 12 condominiums. The project meets all development standards, provides adequate parking, and the proposed design and materials ensure the development will be compatible with the surrounding neighborhood. Furthermore, the project provides additional housing within the existing neighborhood by constructing nine additional new residences {in addition from the existing three). The 12- unit residential project density of 21 du/ac is within the R-23 Residential density range. The R-23 General Plan Land Use designation for the property also has a Growth Management Control {GMCP) Point of 19 du/ac. The GMCP is a tool utilized by the city to track anticipated growth within the city and to plan for future needs. In compliance with Senate Bill 330, Government Code Section 66300 {b){l){D), and City Council action {Resolution No. 2021- 074) the GMCP cannot act as a residential housing cap. At the GMCP, eleven dwelling units would be permitted on this 0.57-net-developable-acre property. With twelve units proposed, one dwelling unit will be withdrawn from the Excess Dwelling Unit Bank for residential unit tracking purposes only; and therefore, the proposed density is consistent with the R-23 General Plan Land Use designation. B. Housing -As twelve units are proposed, not less than 15 percent of the total units or two units shall be constructed and restricted both as to occupancy and affordability to lower- income households. Pursuant to CMC Section 21.85.070, when new construction is determined to be infeasible or present a hardship, alternatives to the construction of a unit onsite may be permitted. On April 11, 2022, the Housing Policy Team recommended approval of the applicant's request to purchase two affordable housing credits from the Tavarua affordable housing credit bank. The project is conditioned to enter into an Affordable Housing Agreement to purchase two affordable housing credits from the Tavarua affordable housing credit bank to meet the inclusionary housing requirement prior to issuance of final map. C. Mobility -The proposed project has been designed to meet applicable circulation requirements, which include a single driveway access point from Garfield Street. In addition, the applicant will be required to pay traffic impact fees prior to issuance of a building permit that will go towards future road improvements. D. Public Safety -The proposed structural improvements will be required to be designed in conformance with all seismic design standards. The proposed project is consistent with all applicable fire safety requirements including fire sprinklers. Additionally, the proposed project is not located in an area of known geologic instability or flood hazard and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. E. Noise -The project consists of 12 residential condominiums configured in six separate buildings. A noise study by Birdseye Planning Group, dated June 2021 was provided. The exterior required private recreation areas are below the maximum 60 dB{a) CNEL noise PC RESO NO. 7449 -5- level. The windows of each residential unit will need to be closed to meet a 45 dB(a) CNEL interior noise level. Therefore, mechanical ventilation is required and is conditioned to be provided. 22. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all city public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, A. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. B. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44 and will be collected prior to issuance of building permit. C. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. D. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code Section 21.90·.oso and will be collected prior to issuance of building permit. 23. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 24. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the city's General Plan, based on the facts set forth in the staff report dated June 1, 2022. 25. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of grading permit, building permit, or recordation of the Final Map, whichever occurs first. 1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained PC RESO NO. 7449 -6- by Developer or a successor in interest by the city's approval of this Tentative Tract Map, Planned Development Permit, and Coastal Development Permit. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map, Planned Development Permit, and Coastal Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 3. Developer shall comply with all applicable prov1s1ons 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 Tentative Tract Map, Planned Development Permit, and Coastal Development Permit, (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 pe rmitted 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 Tract Map/Planned Development Permit conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision making body. The copy shall be submitted to the City Planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 9. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. PC RESO NO. 7449 -7- 10. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the city that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 11. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030 subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 12. Prior to the issuance of the grading permit or final map approval, whichever comes first, Developer shall submit to the city a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map, Planned Development Permit, and Coastal Development Permit by Resolution(s) No. 7449 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 13. Developer shall make a separate formal landscape construction drawing plan check submittal to the Planning Division and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the city's Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. 14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Division and accompanied by the project's building, improvement, and grading plans. 15. Developer shall establish a homeowner's association and corresponding covenants, conditions and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner prior to final tract map approval. Prior to Certificate of Occupancy, the Developer shall provide the Planning Division with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the City Planner. A "hold" will be placed on the building permit (i.e.,-Certificate of Occupancy) to ensure that said CC&R's are received prior to issuance of Certificate of Occupancy. At a minimum, the CC&Rs shall contain the following provisions: a. General Enforcement by the City: The City shall have the right, but not the obligation, to - enforce those Protective Covenants set forth in this Declaration in favor of, or in which the City has an interest. PC RESO NO. 7449 -8- b. Notice and Amendment: A copy of any proposed amendment shall be provided to the City in advance. If the proposed amendment affects the City, City shall have the right to disapprove. A copy of the final approved amendment shall be transmitted to City within 30 days for the official record. c. Failure of Association to Maintain Common Area Lots and Easements: In the event that the Association fails to maintain the "Common Area Lots and/or the Association's Easements" as provided in Article ___ ~ Section ______ the city shall have the right, but not the duty, to perform the necessary maintenance. If the city elects to perform such maintenance, the city shall give written notice to the Association, with a copy thereof to the Owners in the Project, setting forth with particularity the maintenance which the city finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. In the event that the Association fails to carry out such maintenance of the Common Area Lots and/or Association's Easements within the period specified by the city's notice, the City shall be entitled to cause such work to be completed and shall be entitled to reimbursement with respect thereto from the Owners as provided herein. d. Special Assessments Levied by the City: In the event the City has performed the necessary maintenance to either Common Area Lots and/or Association's Easements, the city shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Common Area Lots and or Association's Easements. The city shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the city will pursue collection against the Owners in the Project pursuant to the provisions of this Section . Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the city, the city may levy a special assessment against the Owners of each Lot in the Project for an equal pro rata share of the invoice, plus the late charge. Such special assessment shall constitute a charge on the land and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the city with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article ____ of this Declaration. e. Landscape Maintenance Responsibilities: The HOAs and individual lot or unit owner landscape maintenance responsibilities shall be as set forth in Exhibit _____ _ f. Balconies, trellis, and decks: The individual lot or unit owner allowances and prohibitions regarding balconies, trellis, and decks shall be as set forth in Exhibit ____ _ g. Ongoing Maintenance: PC RESO NO. 7449 -9- The existing Tristania trees, located along the southernly property line, shall be maintained as follows: (in accordance with the recommendations of qualified arborist Jim Taylor listed below): i. Watering ii. Fertilizing iii. Pruning 1. 2. 3. 4. s. 1. Newly installed trees shall be watered according to the following schedule: 1-3 months in the ground: 1 time per week or as necessary 4-6 months in the ground: 2 times per month or as necessary 7-12 months in the ground: 1 time per month or as necessary All trees shall be watered thoroughly to the depth of the root ball at the frequency listed above. Trees shall be fertilized beginning of the month. Fertilizer shall be applied a minimum of 3 times per year. The fertilizer shall be a complete fertilizer with a 12-6-6 formulation at a rate not to exceed 4 pounds of nitrogen per 1000 square feet of area. 1. Trees should be pruned during the second year of planting, only to improve their structure. Only minor crown cleaning is permitted thereafter. No topping of the main leader is permitted. 2. The HOA shall provide a certification to the City Planner that the required tree pruning has been completed. 16. Prior to Certificate of Occupancy, the Developer shall submit to the City Planner a recorded copy of the Condominium Plan filed with the Bureau of Real Estate which is in conformance with the City-approved documents and exhibits. 17. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Community Development and Planning. 18. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers, then in addition to any other disclosure required by law or Council policy, the Developer shall disclose to future owners in the project, to the maximum extent possible, the existence of the tax or fee, and that the school district is the taxing agency responsible for the financing mechanism. The form of notice is subject to the approval of the City Planner and shall at least include a handout and a sign inside the sales facility, or inside each unit, stating the fact of a potential pass-through of fees or taxes exists and where complete information regarding those fees or taxes can be obtained. 19. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the City Planner, in the sales office or inside each unit, at all times. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks, and streets. PC RESO NO. 7449 -10- 20. Developer shall post a sign in the sales office, or inside each unit, in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until ALL of the units are sold. 21. Developer shall submit and obtain City Planner approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 22. Developer shall submit and obtain City Planner approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 23. Prior to the approval of the final map for any phase of the project, or where a map is not being processed, prior to the issuance of building permits for any lots or units, the Developer shall enter into an Affordable Housing Agreement with the city to purchase two (2) affordable housing credits from the City of Carlsbad in the Tavarua affordable housing credit bank (a combined offsite affordable housing development) to meet the inclusionary housing requirements set forth in Chapter 21.85 of the Carlsbad Municipal Code for residential developments. The individual credit purchase shall be the amount in effect at the time of purchase, as established by City Council Resolution from time to time and shall be purchased at the time of building permit issuance. The draft Affordable Housing Agreement shall be submitted to the City Planner no later than 60 days prior to the request to final the map. The recorded Affordable Housing Agreement shall be binding on all future owners and successors in interest. Engineering: 24. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, developer shall apply for and obtain approval from, the city engineer for the proposed haul route. 25. This project is approved upon the express condition that building permits will not be issued for the development of the subject property unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. 26. Developer shall submit to the city engineer an acceptable instrument, via CC&Rs and/or other recorded document, addressing the maintenance, repair, and replacement of shared private improvements within this subdivision, including but not limited to private utilities, landscaping, enhanced paving, water quality treatment measures, low impact development features, storm drain facilities, etc., located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within this subdivision. 27. 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. 28. Developer shall install sight distance corridors at all street intersections and driveways in accordance with City Engineering Standards. The property owner shall maintain this condition. PC RESO NO. 7449 -11- 29. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover, etc.) and irrigation along the parkway frontage with Garfield Street as shown on the Tentative Map. Fees/ Agreements 30. 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. 31. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 32. Developer shall cause property owner to submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement. 33. Developer shall cause owner to execute, for recordation, a city standard Local Improvement District Agreement to pay fair share contributions for undergrounding of all existing overhead utilities and installation of street lights, as needed, along the subdivision frontage, should a future district be formed. Grading 34. 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. 35. 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 36. 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. 37. 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. PC RESO NO. 7449 -12- Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 38. This project is subject to 'Priority Development Project' requirements. Developer shall prepare and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP required by this condition shall be reviewed and approved by the city engineer with final grading plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's latest fee schedule. 39. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control BMP and applicable hydromodification measures. Dedications/Improvements 40. 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. 41. 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. 42. Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, shall execute a city standard Subdivision Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the tentative map. Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: A. Curb and gutter B. Sidewalk C. Sewer laterals D Driveway E. Water services/meters F. Sewer Manhole G. Asphalt Concrete Pavement Developer shall pay the standard imp'rovement plan check and inspection fees in accordance with the fee schedule. Improvements listed above shall be constructed within 36 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 43. Developer is responsible to ensure all new overhead utilities servicing the subject property are to be undergrounded as shown on the Tentative Map and to the satisfaction of the city engineer. No new or relocated utility poles are allowed. 44. 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. PC RESO NO. 7449 -13- Non-Mapping Notes 45. Add the following notes to the final map as non-mapping data: A. Developer has executed a city standard Subdivision Improvement Agreement and has posted security in accordance with C.M.C. Section 20.16.070 to install public improvements shown on the Tentative Map. These improvements include, but are not limited to: 1) Sewer lateral 2) Driveway 3) Sidewalk 4) Water services/meters S) Sidewalk underdrain 6) Curb and gutter 7) Asphalt concrete pavement B. Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. C. Geotechnical Caution: 2) 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. PC RESO NO. 7449 -14- Utilities 46. 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. 47. 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. 48. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. 49. The developer shall agree to install sewer laterals and clean-outs at locations approved by the city engineer. The locations of sewer laterals shall be reflected on public improvement plans. 50. 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. Code Reminders 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. Subdivider shall comply with Section 20.16.040(d) of the Carlsbad Municipal Code regarding the undergrounding of existing overhead utilities. 54. The tentative map shall expire two years from the date on which the planning commission voted to approve this application. 55. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final parcel map as required by Chapter 20.44 of the Carlsbad Municipal Code. 56. 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. 57. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 58. 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 . PC RESO NO. 7449 -15- 59. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 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 TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. NOTICE Please take NOTICE that approval of your project includes the 11imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as 11fees/exactions." You have 90 days from date of approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 7449 -16- PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on June 1, 2022, by the following vote, to wit: AYES: Chairperson Stine, Commissioners Luna, Kamenjarin, Merz, and Sabellico NOES: Commission,er Lafferty ABSENT: Commissioner Meenes ABSTAIN: JO PH STINE, Chair CARLSBAD PLANNING COMMISSION ATTEST: ~n DON NEU City Planner PC RESO NO. 7449 -17- NOT TO SCALE EXHIBIT 2 DISCLOSURE STATEMENT P- 1 (A) EXHIBIT3 Development Servi ces Plahning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. 2. P-1 (A) APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) PersonNtA "$-Wf~~ 01't.-T1'"-.J Corp/PartNff,;-?fE./~ ~~ 4<t--t+flTE~ Title ___________ _ Address _________ _ OWNER (Not the owner's agent) Title" _____________ _ Address 4<.(L(S. c.e:.p,c.o'::> -#= /CJ C) :;;..,u),..J,t ~"J'C+( ,, U,. crz-• 75" Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresse~ of the corporate officers. (A separate page may be attached if necessary.) r~rdby: Pet:____~---------c9A2sCAEeB3941a ... Titl9Pr i nci pa 1 Address _________ _ Corp/Part RREG INVESTMENTS SERIES LLC SERIES 1-040 Title _____________ _ Address 5315 AVENIDA ENCINAS SUITE 200 CARLSBAD, CA 92008 Page 1 of 2 Revised 07 /1 O 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY persotI serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust NIA Non Profit/Trust '------------ Title ___________ _ Title _____________ _ Address -----------Address. ____________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes l✓I No If yes, please indicate person(s): ___________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. _if.&0 ______ 7/_20_/2_1_ Signature of owner/date 7/20/21 Signature of applicanUdate TOM ST.CLAIR STEPHEN DAL TON Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1 (A) Page 2 of2 Revised 07/10 EXHIBIT 4 CEQA DETERMJNATION OF EXEMPTION Subject: This California Environmental Quality Act (CEQA) Determination of Exemption is in compliance with Carlsbad Municipal Code Section 19.04.060. An appeal to this determination must be filed in writing with the required fee within ten (10) calendar days of the City Planner's decision consistent with Carlsbad Municipal Code Section 21.54.140. City Planner Decision Date: April 20. 2022 Project Number and Title: CT 2021-0002/PUD 2021-0007 /CDP 202t-0038 -GARFIELD BEACH HOMES Project location • Specific: 3570-3590 GARFIELD STREET Project Location -City:· _Ca~r_ls_b_ad~-----Project location -County: =Sa=n~D~i=eg..,_o~---- Description of Project: The demolition of three residential units and the development of a 12-unit, residential air-space condominium project on a 0.57-acre site. Name of Public Agency Approving Project: """Ci=ty._o=f....,C=a"-'rl=sb"""a=d'---------------- Name of Person or Agency Carrying Out Project: RREG INVESTMENTS SERIES LLC SERIES Name of Applicant: ..:..To=m==S=t.--'C=la::;.;ir'------------------------ Applicant's Address: 5315 AVENI DA ENCINAS. Suite 200. Carlsbad. CA 92008 Applicant's Telephone Number: ...a(8--'8~8~) 3"'-'SC--'7_-=35""'5'"""3 __________________ _ Name of Applicant/Identity of person undertaking the project (if different from the applicant above): Same as above. Exempt Status: (Check One) D Ministerial (Section 21080(b)(1}; 15268); D Declared Emergency (Section 21080(b)(3); 15269(a)); D Emergency Project (Section 21080(b){4); 15269 (b)(c}); ~ Categorical Exemption -State type and section nurnber: 15332, Infill Development Project D Statutory Exemptions -State code number: __________________ _ D Common Sense Exemption (Section 15061(b}(3)) Reasons why project is exempt: In-Fill development project on site less than five acres. Lead Agency Contact Person: ~Pa=u=I =D=an~------Telephone: 442-339-2614 ~ ~ DON NEU, City Planner r Date EXHIBIT 5 PLANNED DEVELOPMENTS (CMC SECTION 21.45.060) TABLE C: GENERAL DEVELOPMENT STANDARDS APPLICABLE TO ALL PLANNED DEVELOPMENTS REF. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT NO. Per the underlying General Plan designation. When two or more general C.1 Density plan land use designations exist wfthin a planned development, the N/A density may be transferred from one general plan designation to another with a general plan amendment. All dwelling units adjacent to any arterial road shown on the Circulation Element of the General Plan shall maintain the following minimum setbacks from the right-of-way: Prime Arterial 50 Feet N/A Major Arterial 40 Feet Secondary Arterial 30 Feet Carlsbad Boulevard 20 Feet Half (50%) of the required arterial setback area located closest to the Arterial arterial shall be fully landscaped to enhance the street scene and buffer C.2 Setbacks homes from trc1ffic on adjacent arterials, and: N/A • Shall contain a minimum of one 24" box tree for every 30 lineal feet of street frontage; and • Shall be commonly owned and maintained Project perimeter walls greater than 42 inches in height shall not be located in the required landscaped portion of the arterial setback, except All proposed fences, walls and noise attenuation walls that: gates comply with the setback • Are required by a noise study, and standards of Chapter 21.45 Planned • Due to topography, are necessary to be placed within the required Development . landscaped portion of the arterial setback. Permitted Intrusions Permitted intrusions into required building setbacks shall be the same as Roof eaves, and balconies into intrusions into required yard do not C.3 Setbacks/ specified in Section 21.46.120 of this code. The same intrusions specified exceed two-feet as permitted Building in Section 21.46.120 shall be permitted ihto required building separation. pursuant to CMC 21.46.120. Separation Minimum right-of-way width 56 feet Minimum curb-to-curb width 34 feet Private Minimum parkway width 5.5 feet, including curb N/A (curb adjacent) Minimum sidewalk width 5 feet (setback 6 inches from property line) Minimum right-of-way width 60 feet C.4 Streets Minimum curb-to-curb width 34 feet Public Minimum parkway width 7.5 feet, including curb N/A (curb adjacent) Minimum sidewalk width 5 feet (set back 6 inches from property line) Street A minimum of one street tree Trees One-family dwellings and (24-inch box) per fat is required N/A within twin homes on sma.11-lots to be planted in the parkway parkways along all streets. Four palm trees are provided along Garfield Street (including one Street trees shall be spaced no existing palm tree) to satisfy this Condominium projects further apart than 30 feet on requirement. Street trees are center within the parkway. shown on the conceptual landscape plan and will be approved with the final landscape plan check. Tree species should be selected to create a unified image for the street, provide•an effective canopy, avoid sidewalk damage See above, and minimize water consumption. 3 or fewer Minimum 12 feet wide when the drive-ai.sle is not required for dwelling emergency vehicle access, as determined by the Fire Chief. N/A If the drive-aisle is required for emergency vehicle access, it units shall be a minimum of 20 feet wide. 4 or more A 24-foot wide drive aisle is dwelling Minimum 20 feet wide. provided. units No parking shall be permitted within the minimum required Project does not propose any width of a drive-aisle. visitor parking spaces within the drive isle. A minimum 24-foot vehicle back-up/maneuvering area shall be Each parking space, including provided in front of garages, carports or uncovered parking C.5 Drive-aisles spaces (this may include driveway area, drive-aisles, and visitor parking provides a 24 foot streets). vehicle turning radius. All Additional width may be required for vehicle/emergency N/A vehicle maneuvering area. projects Project is conditioned to improve Parkways and/or sidewalks may be required. the existing infrastructure along Garfield Street. No more than 24 dwelling units shall be located along a single-N/A entry drive-aisle. Proposed project provides All drive-aisles shall be enhanced with decorative pavement. decorative pavement on the drive isle. Number of Projects with 10 units or fewer A .30 space per each unit. Projects with 11 dwelling units or Visitor Projects 11 units or more A .25 space per each unit. more provide a 0.25 visitor parking C.6 Parking When calculating the required number of visitor parking spaces, if the spaces per unit (12 units X 0.25 = Spaces calculation results in a fractional parking space, the required number of 3.) The project proposes 4 visitor Required /JJ visitor parking spaces shall always be rounded up to the nearest whole parking spaces which exceeds the number. minimum requirement. On-street visitor parking is permitted on private/public streets, N/A subject to the following: • The private/public street is a minimum 34-feet wide (curb- to-curb) Location of On • There are no restrictions that would prohibit on-street C.7 Visitor Private/ parking where the visitor parking is proposed Parking Public • The visitor parking spaces may be located: Streets 0 Along one or both sides of any private/public street(s) located within the project boundary, and 0 Along the abutting side and portion of any existing public/private street(s) that is contiguous to the project boundary In parking bays along public/private streets within the project N/A boundary, provided the parking bays are outside the minimum required street right-of-way width, When visitor parking is provided as on-street parallel parking, All visitor parking is provided onsite not less than 24 lineal feet per space, exclusive of and exceeds the minimum driveway/drive-aisle entrances and aprons, shall be provided requirement of three spaces (four for each parking space, except where parallel parking spaces spaces provided onsite.) are located immediately adjacent to driveway/drive-aisle aprons, then 20 lineal feet may be provided. Within the Beach Area Overlay Zone, on-street parking shall not Project complies. count toward meeting the visitor parking requirement. On Drive-Visitor parking must be provided in parking bays that are Project complies. aisles located outside the required minimum drive-aisle width, One required visitor parking space may be credited N/A Outside for each driveway in a project that has a depth of 40 feet or more. the Beach For projects with 10 or fewer units, all required N/A Area Overlay visitor parking may be located within driveways Zone (located in front of a unit's garage), provided that all dwelling units in the project have driveways with a depth of 20 feet or more. One required visitor parking space may be credited for each driveway in a project that has a depth of N/A 40 feet or more. If the streets within and/or adjacent to the project allow for on-street parking on both sides of the street, then visitor parking may be located in a driveway, subject to the following: Within • All required visitor parking may be located Ona the Beach within driveways (located in front of a unit's Driveway Area garage), provided that all dwelling units in the Overlay project have driveways with a depth of 20 feet N/A Zone or more. • If less than 100% of the driveways in a project have a depth of 20 feet or more, then a .25 visitor parking space will be credited for each driveway in a project that has a depth of 20 feet or more (calculations resulting in a fractional parking space credit shall always be rounded down to the nearest whole number). The minimum driveway depth required for visitor parking (20 feet or 40 feet) applies to driveways for All front or side-loaded garages, and is measured from N/A projects the property line, back of sidewalk, or from the edge of the drive-aisle, whichever is closest to the structure. For projects of more than 25 units, up to 25% of visitor parking may be provided as compact spaces (8 feet by 15 feet). No N/A overhang is permitted into any required setback area or over Compact sidewalks less than 6 feet wide. Parking For all projects within the Beach Area Overlay Zone, up to 55% of the visitor parking may be provided as compact spaces (8 N/A feet by 15 feet). Distance Visitor parking spaces must be located no more than 300 feet Each visitor parking spaces are less from unit as measured in a logical walking path from the entrance of the than 300 feet from the entry of unit it could be considered to serve. each unit. Screening Open parking areas should be screened from adjacent resTdet~ces and Visitor parking spaces are screened C.8 of Parking public rights-of-way by either a view-obscuring wall, landscaped berm, or from adjacent residences and Areas landscapfng, except parking located within a driveway. public right-of-way by landscaping, residential buildings, and fencing. Community recreatfonal space shall be provided for all projects of 11 or more dwelling units, as follows: Project provides a mlnimum of250 Project is NOT within sq.ft. of recreational space for each Minimum community R-23 general plan 200 square feet per unit unit at the rear of the units, which recreational space designation is separate from the private required Project IS within R-23 recreation space provided on the general plan 150 square feet per unit balconies. designation Community recreational space shall be provided as The project provides passive Projects with 11 to either (or both) passive or active recreation recreational space per unit and 25 dwelling units facilities. community recreational space facilities. Community recreational space shall be provided as Projects with 26 or both passive and active recreational facilities with a N/A more dwelling units minimum of 75% of the area allocated for active facilities. Community recreational space shall be provided as both passive and active recreational facilities for a N/A variety of age groups (a minimum of 75% of the area allocated for active facilities). For projects consisting of one-family' dwellings or Community Projects with 50 or twin homes on small-lots, at least 25% of the C.9 Recreational more dwelling units community recreation space must be provided as Space Ill pocket parks. • Pocket park lots must have a minimum width of N/A 50 feet and be located at strategic locations such as street intersections (especially ''T- intersections") and where open space vistas may be achieved. Community recreational space shall be located and Community recreational space is designed so as. to be functional, usable, and easify provided on the ground floor for accessible from the units it is intended to serve. each unit at the rear of the units. Credit for indoor recreation facilities shall not All projects exceed 25% of the required community recreation N/A (with 11 or more area. dwelling units) Required community recreation areas shall not be located in any required front yard and may not All community recreational areas is include any streets, drive-aisles, driveways, parking areas, storage areas, slopes of 5% or greater, or located in isolated areas not along walkways (except those walkways that are clearly Garfield Street. integral to the design of the recreation area). In addition to required resident and visitor parking,. Recreation Area recreation area parking shall be provided, as Parking follows: 1 space for each 15 residential units, or N/A fraction thereof, for units located more than 1,000 feet from a community recreation area. The location of recreation area parking shall be subject to the same location requirements as for visitor parking, except that required recreation N/A area parking shall not be located within a driveway(s). Examples of recreation facilities include, but are not limited to; the following: Swimming pool area Children's playground equipment Spa Courts (tennis, racquetball, volleyball, basketball) Recreation rooms or buildings Active Horseshoe pits Pitch and putt Grassy play areas w[th a slope of less than 5% (minimum area of 5,000 square feet and a minimum dimension of 50 feet) Any other facility deemed by the City Planner to satisfy the intent of providing active recreational facilities Benches Passive Barbecues Community gardens Grassy play areas with a slope of less than 5% The project is conditioned to complete a final lighting plan (Condition no. 21 of the C.10 Lighting Lighting adequate for pedestrian and vehicular safety shall be provided. Resolution.) Appropriate lighti ng for the 12-unit project will be evaluated with the final lighting plan. C.11 Reserved Required for projects with 100 or more units, or a master or specific plan with 100 or more planned development units. Exception: RV storage is not required for projects located within the R-15 or R-23 land use designations. 20 square feet per unit, not to include area required for driveways and N/A approaches. Developments located within master plans or residential specific plans Recreational may have this requirement met by the common RV storage area provided C.12 Vehicle (RV) by the master plan or residential specific plan. Storage 11) RV storage areas shall be designed to accommodate recreational vehicles of various sizes (i.e. motorhomes, campers, boats, personal watercraft, N/A etc.). The storage of recreational vehicles shall be prohibited in the front yard setback and on any public or private streets or any other area visible to the public. A provision containing this restriction shall be included in the N/A covenants, conditions and restrictions for the project. All RV storage areas shall be screened from adjacent residences and public rights-of-way by a view-obscuring wall and landscaping. 480 cubic feet of separate storage space per unit. If all storage for each unit is located in one area, the space may be reduced See below. Storage to 392 cubic feet. C.13 Required storage space shall be separately enclosed for each unit and be Space conveniently accessible to the outdoors. See below. Required storage space may be designed as an enlargement of a covered See below. parking structure provided it does not extend into the area of the required parking stall, and does not impede the ability to utilize the parking stall (for vehicle parking). Each unit provides a two-car garage A garage (12'x20' one-car, 20'x20' two-car, or larger) satisfies the required with minimum required dimensions storage space per unit. which satisfies the required storage space per unit. This requirement is in addition to closets and other indoor storage areas. See above. lll This standard does not apply to housing for senior citizens (see Chapter 21.84 of this code). PLANNED DEVELOPMENTS {CMC SECTION 21.45.080) TABLE E: CONDOMINIUM PROJECTS REF. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT NO. Livable Must comply with City Council Policy 66, Principles for the Development See compliance table for Policy 66 as E.1 Neighborhood Policy of Livable Neighborhoods. Attached "Table C" of Staff Report, In general, the project does not comply with the single-story building edge requirement contained within the policy as that specific guidellne of the One-family and policy is targeted toward traditional two-family Must comply with City Council Policy 44, Neighborhood two-story, single-family development. dwellings Architectural Design Guidelines The property's Multiple-Family Residential (R-3) zoning allows for three-story development which is not typically permitted in the R-1 (One- Family Residential) zone as this policy guideline #9 focuses on. There shall be at least three separate building planes on All residential units contain at least all building elevations. The minimum offset in planes three separate building planes on all shall be 18 inches and shall include, but not be limited building elevations that are at a Architectural to, building walls, windows, and roofs. minimum of 18 inches. E.2 Requirements All building elevations shall incorporate a minimum of four complimentary design elements, including but not limited to: • A variety of roof planes; • Windows and doors recessed a minimum of 2 inches; Multlple-family • Decorative window or door frames; dwellings • Exposed roof rafter tails;. Each residential unit feature a • Dormers; minimum of four complementary • Columns; design elements that comply with this • Arched elements; guideline. • Varied window shapes; • Exterior wood elements; • Accent materials such as brick, stone, shingles, wood, or siding; • Knee braces; and • Towers . Proposed coverage is 49% of the net lot area {0.57-acres.) Remaining space E.3 Maximum 60% of total project net developable acreage. is dedicated to passive/private Coverage recreational space as required of Policy 66 and visitor parking as required within the BAOZ. The project is located with the BAOZ which pursuant to CMC 21.82.050 Same as required by the underlying zone, and notto exceed three stories permits residential structures a max (1)(71 height of 30 feet with a 3:12 roof pitch. Maximum The project is 29 feet 11 inches, with a E.4 Building Height 3:12 roof pitch. Projects 40 feet, if roof pitch is 3:12 or greater The project is located within the BAOZ. within the R-35 feet, if roof pitch is less than 3:12 Therefore, pursuant to the allowable 23 general building height of Chapter 21.82 of the plan Building height shall not exceed three stories CMC the project does not exceed three stories. PLANNED DEVELOPMENTS (CMC SECTION 21.45.080) TABLE E: CONDOMINIUM PROJECTS REF. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT NO. designation (l)(7J From a Residential 10 feet The proposed residential units do not private or structure have direct entry garages off Garfield public Direct entry Street and provide a minimum of 20 street(2)l3J 20 feet feet parking setback-garage/visitor garage parking. Residential 5 feet, fully landscaped (walkways N/A. Project proposes fewer than 25 structure residential units and is located within (except as providing access to dwelling entryways the R-23 General Plan Land Use specified rnay be located within required designation (refer footnote section below) landscaped area) below for compliance.) Residential N/ A. Project proposes fewer than 25 structure -0 feet when projecting over the front of a residential units and is located within directly the R-23 General Plan Land Use above a garage. designation (refer footnote section garage below for compliance.) 3 feet N/ A. Project proposes fewer than 25 Garages facing directly onto a drive-aisle residential units and is located within Garage the R-23 General Plan Land Use shall be equipped with an automatic designation (refer footnote section Minimum From a drive-garage door opener. below for compliance.) E.S Building aisle141 Projects of 25 0 feet (residential struct ure and garage) N/A Setbacks units or less within the R-Garages facing directly onto a drive-aisle 15 and R-23 shall be equipped with an automatic Project complies. general plan garage door opener. designations 0 feet May cantilever over a drive-aisle, Balconies/deck provided the balcony/deck complies with s (unenclosed all other applicable requirements, such and as: Project compiles. uncovered) • Setbacks from property lines • Building separation • Fire and Engineering Department requirements From the perimeter property The building setback from an interior side lines of the project site (not or rear perimeter property line shall be The underlying zone for the project is adjacent to a public/private the same as required by the underlying R-3 and the project complies with street) zone for an interior side or rear yard applicable development standards. setback. Minimum E.6 Building 10 feet Building separation is 10 feet. Separation If a project is located within the R-2-3 general plan designation, resident parking shall be provided as Resident All dwelling specified below, and may also be provided as follows: E.7 Parking (G) • 25% of the units in the project may include a tandem N/A types two-car garage (minimum 12 feet x 40 feet). • Calculations for this provision resulting in a fractiohal unit may be rounded up to t he next whole number. PLANNED DEVELOPMENTS (CMC SECTION 21.45.080) TABLE E: CONDOMINIUM PROJECTS REF. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT NO. 2 spaces per unit, provided as either: • a two-car garage (minimum 20 feet x 20 feet), or One-family • 2 separate one-car garages (minimum 12 feet x 20 and two- family feet each) N/A dwellings • In the R-W Zone, the 2 required parking spaces may be provided as 1 covered space and 1 uncovered space (s) 1.5 spaces per unit, 1 of whlch must be covered (s) Studio and When calculating the required number of one-bedroom parking spaces, if the calculation results Project complies. units in a fractional parking space, the required number of parking spaces shall always be rounded up to the nearest whole number. 2 spaces per unit, provided as either: • a one-car garage (12 feet x 20 feet) and 1 covered or uncovered space; or (5) • a two-car garage (minimum 20 feet x Each unit proposed a two-car garage Units with two 20 feet), or attached to the residence, within a or more bedrooms • 2 separate one-car garages (minimum minimum interior dimension of Multiple-12 feet x 20 feet each) 20'X20'. family • In the R-W Zone and the Beach Area dwellings Overlay Zone, the 2 required parking spaces may be provided as 1 covered space and 1 uncovered space <5l Required parking may be provided within an enclosed parking garage with multiple, open parking spaces, subject to the following: • Each parking space shall maintain a standard stall size of 8.5 feet by 20 feet, exclusive of supporting Project complies. columns; and • A backup distance of 24 feet shall be maintained in addition to a minimum 5 feet turning bump-out located at the end of any stall series. Required resident parking spaces shall be located no more than 150 feet as measured in a logical walking Project complies. path from the entrance of the units it could be considered to serve. Required private recreational space shall be designed so as to be functional, usable, and easily accessible from Project complies. One-family, the dwelling it is intended to serve. two-family, Required private recreational space shall be located Project complies. and multiple-adjacent to the unit the area is intended to serve. Private family Required private recreational space shall not be located E.8 Recreational dwellings within any required front yard setback area, and may not Al l recreational spaces (e.g. private and Space include any driveways, parking areas, storage areas, or communal) are located in prestige common walkways. locations of the site. One-family Minimum Projects not within the R~ 400square The 12-unit project proposes a and two-total area 15 or R-23 general plan feet minimum of 251 sq.ft. to 432 sq.ft. of per unit designations private recreational space and over PLANNED DEVELOPMENTS (CMC SECTION 21.45.080) TABLE E: CONDOMINIUM PROJECTS REF. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COM MENT NO. family Projects within the R-15 or 200square 500 sq.ft. of communal recreational dwellings R~23 general plan feet space (towards the rear property.) designations May consist of more than one recreational space. Project complies. May be provided at ground level and/or as a Project complies. deck/balcony on a second/third floor or roof. Not within the R-15 or R- 23 general 15 feet Minimum plan dimension designations Project complies. Within the R- 15 or R-23 10 feet general plan designations Shall not have a slope grad(ent greater All private recreational space is ieveled than 5%. to finish grade that is less than 5%. Attached solid patio covers and decks/balconies may proje\:t into a If provided required private recreational space, at ground subject to the following: level • The depth of the projection shall not exceed 6 feet (measured from the N/A wall of the dwelling that is contiguous to the patio/deck/balcony). The length of the projection shall not be limited, except as required by any setback or lot coverage standards. Open or lattice-top patio covers may be located within the required private recreation space (provided the patio N/A cover complies with all applicable standards, including the required setbacks). If provided Minimum dimension 6feet above ground level as a 60 square Project complies. deck/ balcony Minimum area feet or roof deck Minimum total area per unit (patio, 60 square Balconies exceed minimum porch, or balcony) feet requirement. Minimum dimension of patio, porch or 6 feet Project complies. balcony Multiple-family Projects of 11 or more units that are within the R-23 dwellings general plan designation may opt to provide an The project provides private and additional 75 square feet of community recreation space per unit (subject to the standards specified in Table C of community recreational space t hat this Chapter), in lieu of providing the per unit private exceed minimum sq. ft. requirement. recreational space specified above. ll) If a project is located w ithin the Beach Area Overlay Zone, building height shall be subject to the requirements of Chapter 21.82 of this code. EXHIBIT 6 APPLICABLE 'FOR PROJECTS WITH 5 OR MORE HOMES CITY COUNCIL POLICY 44 -NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES Architectural Guideline Compliance Comments Floor Plans and Elevations 1 2 3 All residential projects shall be required to have a minimum number of different floor plans, different front and corresponding matching rear elevations with different color schemes as identified below: D 2-4 dwelling units shall provide 1 floor plan and 2 different elevations. ~ 5-12 dwelling units shall provide 2 different floor plans and 2 different elevations. D 13-20 dwelling units shall provide 2 different floor plans and 3 different elevations. D 21+ dwellihg units shall provide 3 different floor plans and 3 different elevations. Every house should have a coherent architectural style. All elevations of a house, including front, side, and rear, should have the same design integrity of forms, details, and materials. In addition to the previous requirements, design details should reinforce and enhance the architectural form and style of every house and differ from other elevations of the same floor plan. A minimum of 4 complimentary design details, including but not limited to those listed below, shall be incorporated into each of the front, rear and street side building fa~ade(s) of the house. Design Details ~ Balconies ~ Decorative eaves and fascia D Exposed roof rafter tails D Arched elements D Knee braces D Dormers D Columns ~ Exterior wood elements As stated with the Staff Report Section 111.C-The proposed 12- unit residential air-space condominium project proposes a deviation to architectural guideline lt9 of City Council Policy No. 44 which states: In general, the project does not comply with the single-story building edge requirement contained within the policy as that specific guideline ofthe policy is targeted toward traditional two- story, single-family development. The property's Multiple-Family Residential (R-3) zoning allows for three-story development which is not typically permitted in the R-1 (One-Family Residential) zone as this policy guideline #9 focuses on. The units provide recessed first level porches for all units and second and third story balconies which face Garfield Street (Unit 1 and 12) and the private drive isle on the remaining units. The single- family unit, duplex, and triplex family dwelling configuration have a variety of materials consisting of colored stucco, horizontal siding, accent roof features, and more than five different building materials that cohesively complement each other. All residential units contain at least four design details that vary in size and form from each other, yet complementary in design and overall architecture, and building material. D Towers [gl Accent materials (i.e.; brick, stone, shingles, wood or siding) 4 Floor plans in a project shall exhibit a variety of roof ridges and roof The proposed units exhibit heights within a neighborhood. variations in roof ridges that comply with this policy. 5 Houses with both the same floor plan and elevation style shall not occur N/A on adjacent lots. 6 Reverse floor plans shall be included where possible to add variety to The floor plans proposed do not the street scene. propose any reverse floor plans and complies with this policy. CITY COUNCIL POLICY 44 -NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES Architectural Guideline Single Story Requirements 7 A minimum of 15% of the total number of homes shall be single-story structures. Single-story is defined as a maximum plate-line of 15 feet and a maximum building height of 20 feet. Lofts are permitted subject to CMC Section 21.04.330. or A minimum of 10% of the total number of homes shall be single-story st ructures and 15% shall be reduced second story structures. A reduced second story structure shall comply with the following criteria: D A minimum of 60% of the roofline shall be single story, D A 2-story element may be added in the central portion of the front and rear elevation; and D The second story element may be no greater than 25% of the floor area of the first floor of the house (including garage). or For alley-loaded product, a minimum of 20% of the homes shall be single-story for the front 20% of the home (overall depth of house t imes 20%). 8 A maximum of 20% of the total number of homes are exempt from the requirement to have a single-story building edge. 9 The remaining total number of homes shall comply with one of the followihg guidelines: D The home shall have a single-story building edge with a depth of not less than 8 feet and shall run the length of the building along one side except for tower elements. The roof covering the single-story element shall incorporate a separate roof plane and shall be Compliance Comments As stated with the Staff Report Section 111.C -The proposed 12- unit residential air-space condominium project proposes a deviation to this requirement due to the density of the site, in addition the size of the site and its constraints, and lastly its compatibility with surrounding uses. In general, the project does not comply with the single-story building edge requirement contained within the policy as that specific guideline of the policy is targeted toward traditional two- story, single-family development. The property's Multiple-Family Residential (R-3) zoning allows for three-story development which is not typically permitted in the R-1 (One-Family Residential) zone. All the units provide multiple features such as varied outer- facing walls, balconies, inset entry ways, and recessed rear entries to reduce the bulk and massing. substantially lower than the roof for the two-story element. Porches and porte-cochere elements shall qualify as a single-story edge. Houses with courtyards that are a minimum of 15 feet wide located along the side of the house and setback a minimum of 15 feet from the property line are not required to have a single-story building edge. D The home shall have a single-story building edge with a depth of not less than 5 feet and shall run the length of the building along one side. The roof of the single-story element shall be substantially lower than the roof for the two-story element of the building. ~ The home shall have a single-story building edge with a depth of not less than 3 feet for 40% of the perimeter of the building. CITY COUNCIL POLICY 44-NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES Architectural Guideline Compliance Comments Multiple Building Planes 10 For at least 66% of the homes in a project, there shall be at least 3 Separate wall planes each separate building planes on street side elevations of lots with 45 feet of providing a minimum of 30 sq.ft. street frontage or less and 4 separate building planes on street side of area and are proposed. elevations of lots with a street frontage greater than 45 feet. Balconies and covered porches qualify as a building plane. The minimurp offset in planes shall be 18 inches and shall include, but not be limited to, building walls, windows, porches and roofs. The minimum depth between the faces of the forward-most plane and the rear plane on the front elevation shall be 10 feet. A plane must be a minimum of 30 sq. ft. to receive credit under this section. 11 Rear elevations shall adhere to the same criteria outlined in Number 10 Separate wall planes each above for front elevations except that the minimum depth between providing a minimum of 30 sq.ft. front and back planes on the rear elevation shall be 4 feet. Rear of area and are proposed. balconies qualify as a building plane. 12 For at least 66% of the homes in a project, one side elevation shall have Project is located in the BAOZ sufficient offsets or cutouts so that the side yard setback averages a where onsite visitor parking is minimum of 8.5 feet. required, therefore separation between the units provide a minimum of 10 feet. Windows/Doors 13 At least 66% of exterior openings (door/windows) on every home in the All windows are recessed at a project shall be recessed or projected a minimum of 2 inches and shall minimum of2 inches. be constructed with wood, vinyl or colored aluminum window frames (no mill finishes). 14 Windows shall reinforce and enhance the architectural form and style of Varied window shapes and sizes the house through, the use of signature windows and varied window are proposed on each unit. shapes and sizes. Front Porches 15 Fifty percent (50%) of the homes shall be designed with a covered front Fifty percent of the units are porch, open courtyard, or balcony (each with a minimum depth of 6 feet designed w ith balconies with a and a minimum area of 60 square feet) located at the front of the minimum depth of 6 feet and dwelling. The minimum depth for a covered front porch shall be minimum area of 60 square feet. measured from the front fac;:ade of the home to the inside of any supporting porch posts. The front and sides of porches shall be open except for required and/or ornamental guardrails. A variety of roof elements shall be provided over porches. Porches may not be converted to living space. Front Entries 16 Seventy-five percent {75%) of the homes must have a front entry to the Units 1 and 12 provide entries home that is clearly visible from the street. Walkways from the front visible from Garfield Street, rear door to the street are encouraged. units provide walkways to drive aisle. Chimneys 17 Chimneys and chimney caps shall be in scale with the size of the home. N/A No more than 2 chimneys shall be allowed for homes on lots in planned developments having an area less than 7,500 square feet. Garage Doors 18 Garage doors for 3 or 4 cars in a row that directly face the street must N/ A all garages face the private have a minimum of an 18" plane change between the garage doors drive-aisle. after the 2 car garage door. Note #1: Fractional units of .5 or greater shall be rounded up to the next whole number and located in a manner to achieve the best project design as determined by the project planner. When a percentage of units are described in the guidelines, the intent is to have that percentage spread throughout the entire project, APPLICABLE FOR PROJECTS WITH 2-4 HOMES CITY COUNCIL POLICY 44 -NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES Architectural Guideline Compliance Comments Floor Plans and Elevations 1 All residential projects shall be required to have a minimum number of different floor plans, different front and corresponding matching rear elevations with different color schemes as identified below: cgJ 2-4 dwelling units shall provide 1 floor plan and 2 different elevations. D 5-12 dwelling units shall provide 2 different floor plans and 2 different elevations. D 13-20 dwelling units shall provide 2 different floor plans and 3 different elevations. D 21+ dwelling units shall provide 3 different floor plans and 3 different elevations. 2 Every house should have a coherent architectural style. All elevations of a house, including front, side, and rear, should have the same design integrity of forms, details, and materials. 3 In addition to the previous requirements, design details should reinforce and enhance the architectural form and style of every house and differ from other elevations of the same floor plan. A minimum of 4 complimentary design details, including but not limited to those listed below, shall be incorporated into each of the front, rear and street side building far;ade(s) of the house. Design Details [gj Balconies ~ Knee braces cgJ Decorative eaves and fascia [gj Dormers ~ Exposed roof rafter tails D Columns D Arched elements cgj Exterior wood elements D Towers cgj Accent materials (i.e.; brick, stone, shingles, wood, or siding) 4 Floor plans in a project shall exhibit a variety of roof ridges and roof heights within a neighborhood. CITY COUNCIL POLICY 44-NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES Architectural Guideline Compliance Comments Single Story Requirements 9 The remaining total number of homes shall comply with one of the following gufdelines: [gj The home shall have a single-story building edge with a depth of not less than 8 feet and shall run the length of the building along one side except for tower elements. The roof covering the single-story element shall incorporate a separate roof plane and shall be substantially lower than the roof for the two-story element. Porches and porte-cochere elements shall qualify as a single-story edge, Houses with courtyards that are a minimum of 15 feet wide located along the side of the house and setback a minimum of 15 feet from the property line are not required to have a sfngle-story building edge. Multiple Building Planes 10 For at least 66% of the homes in a project, there shall be at least 3 separate building planes on street side elevations of lots with 45 feet of street frontage or less and 4 separate building planes on street side elevations of lots with a street frontage greater than 45 feet. Balconies and covered porches qualify as a building plane. The minimum offset in planes shall be 18 inches and shall include, but not be limited to, building walls, windows, porches and roofs. The minimum depth between the faces of the forward-most plane and the rear plane on the front elevation shall be 10 feet. A plane must be a minimum of 30 sq. ft. to receive credit under this section. 11 Rear elevations shall adhere to the same criteria outlined in Number 10 above for front elevations except that the minimum depth between front and back planes on the rear elevation shall be 4 feet. Rear balconies qualify as a building plane. Windows/Doors 13 At least 66% of exterior openings (door/windows) on every home in the project shall be recessed or projected a minimum of 2 inches and shall be constructed with wood, vinyl or colored aluminum window frames (no mill finishes). 14 Windows shall reinforce and enhance the architectural form and style of the house through, the use of signature windows and varied window shapes and sizes. CITY COUNCIL POLICY 44 -NEIGHBORHOOD ARCHITECTURAL DESIGN GUIDELINES CONTINUED Architectural Guideline Compliance Comments Front Porches 15 Fifty percent (50%) of the homes shall be designed with a covered front porch, open courtyard, or balcony (each with a minimum depth of 6 feet and a minimum area of 60 square feet) located at the front of the dwelling. The minimum depth for a covered front porch shall be measured from the front fa~ade of the home to the inside of any supporting porch posts. The front and sides of porches shall be open except for required and/or ornamental guardrails. A variety of roof elements shall be provided over porches. Porches may not be converted to living space. Front Entries 16 Seventy-five percent (75%) of the homes must have a front entry to the home that is clearly visible from the street. Walkways from the front door to the street are encouraged. Chimneys 17 Chimneys and chimney caps shall be in scale with the size of the home. No more than 2 chimneys shall be allowed for homes on lots in planned developments having an area less than 7,500 square feet. Garage Doors 18 Garage doors for 3 or 4 cars in a row that directly face the street must have a minimum of an 18" plane change between the garage doors after the 2 car garage door. Note #1: Fractional units of .5 or greater shall be rounded up to the next whole number and located in a manner to achieve the best project design as determined by the project planner. When a percentage of units are described in the guidelines, the intent is to have that percentage spread throughout the entire project. 1 2 3 EXHIBIT 7 CITY COUNCIL POLICY 66 LIVABLE NEIGHBORHOODS Principle Building Facades, Front Entries, Porches Facades create interest and character and should be varied and articulated to provide visual interest to pedestrians. Clearly identifiable front doors and porches enhance t he street scene and create opportunities for greater social interaction within the neighborhood. Building entries and windows should face the street. Front porches, bay windows, courtyards and balconies are encouraged. Garages Homes should be designed to feature the residence as the prominent part of the structure in relation to the street. A variety of garage configurations should be used to improve the street scene. This may include tandem garages, side- loaded garages, front-loaded garages, alley-loaded garages and recessed garages. Street Design An interconnected, modified (grid) street pattern should be incorl)orated into project designs when there are no topographic or environmental constraints. Interconnected streets provide pedestrians and automobiles many alternative routes to follow, disperse traffic and reduce the volume of cars on any one street in the neighborhood. Streets should be designed to provide both vehicular and pedestrian connectivity by minimizing the use of cul-de-sacs. The street network should also be designed to create a safer, more comfortable pedestrian and bicycling environment. Local residential streets should have travel and parking lanes, be sufficiently narrow to slow traffic provide adequate access for emergency and service vehicles and emergency evacuation routes for residents and include parkways with trees to form a pleasing canopy over the street. Local residential streets are the public open space in which children often play and around which neighborhoods interact. Within this context, vehicular movement should be additionally influenced through the use of City-accepted designs for traffic calming measures. Compliance Comments The frontage fa~ade and architecture of Units 1 and 12 provides multiple material finishes, varied window shapes and sizes, articulated building planes. In addition, these units provide front doors facing Garfield, a variety of building material and variations along Garfield Street to provide visual interest from the public street. Each dwelling unit will include an enclosed two-car garage. All garages are accessed via a private drive-aisle between the proposed units; therefore, t he garages are oriented away from the public right-of-way and minimizes visibility from the street. The project is developing on an existing multi-family residentially zoned lots adjacent to an existing public street (Garfield Street) which is currently developed as part of an existing interconnected modified street pattern. The existing street design in this area has curb, gutter, and sidewalks. 4 Parkways Existing street trees and enhanced Street trees should be planted in the parkways along all landscaping will be provided in the streets. Tree species should be selected to create a unified parkway along Garfield Street. image for the street, provide an effect ive canopy, avoid sidewalk damage and minimize water consumption. 5 Pedestrian Walkways The project provides for pedestrian Pedestrian walkways should be located along or visible from circulation by maintaining and in all streets. Walkways (sidewalks or trails) should l)rovide some areas enhancing the sidewalk clear, comfortable and direct access to neighborhood along Garfield Street, as well as schools, parks/plazas and transit stops. Primary pedestrian walkways to and from the project routes should be bordered by residential fronts, parks or to the public sidewalks. plazas. Where street connections are not feasible (at the end of cul-de-sacs), pedestrian paths should also be provided. 6 Centralized Community Recreation Areas The project consists of 12 units and Park or plazas, which serve as neighborhood meeting places provides community recreational and as recreational activity centers should be incorporated areas as depicted on the plans. into all planned unit developments. As frequently as possible, these parks/plazas should be designed for both active and passive uses for residents of all ages and should be centrally located within the project. Parks and plazas should not be sited on residual parcels, used as buffers from surrounding developments or to separate buildings from streets. GARFIELD BEACH HOMES 3570 -3588 GARFIELD ST, CARLSBAD, CA 92008 +-----------------------------------------------~------------------< DRAFTING SYMBOLS PROJECT DATA .....,_ -"""' CIIIQ :s~--.u; ~ ~=-IS. IU == S!QIIE--0 -.._ ____ ,.. a,,!£:I.Gl'nll:~~a,--o:u,n,-.-i,-.---,a,e o,.~110,.,-.NJD•M::iPft:llfJI" ~~~-liaJll!!U, _,._,.,.,.. u,cnr llllMlDt •-S .u::=-;i _...~~ ~w.d'U,__,,..._, ~ ~_,.----........ ........... =--~ ....... ~ :::=-...::"'°' SHEET INDEX o.t lef'"CM...-c&-" .,._...,.,.,., c;.a ~-.:iim-u ---,, ......... ,...._~~ UolJAl'llllClalUlll _,. ~•"'°°"'"-"-_c_,._ -..---eoo,~ 41 ~A~~ ~EIIIPDI._..,_ -~-04-o-DIIOlt~-... ~UJ;8Claant.,."Oil, -~--JM:5. -·--·----c~ 1,1 o:IC91Ulll.~,VW .,. ~,,,., _ _,,.,.Mtco,G,wac••...._ w _ __,,,.,.... ...... ~11'9C:11:~---EXHIBIT 8 FIRE NOTES PROJECT TEAM -oi..-~ -sr:ERX-.~-~-CA.-----~--~ sa!O:N__.•-• :....~ca.-~==-~ AREA TABULATION .,,....,,rw:Rl1! ..._ .... 9'"11:111'11;11;1llffal ~ ..........,. ~ ~ .. .,..~,... ... .. .,. .... !'I-.. ,., •• .,.,._<: ff~il~ --.............. """""""' ............. _..,,.. ~ ......,...,._ .......... ~ ~--._,;:..., .. -. -~ ---neea---SCOPE OF WOHi< VICINITY MAP 9 . N EB -,.,,--,....,....-.. ----------, . 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GENERAL NOTES ~~,t'l~J/1111,; ,.. --l'flOl"IVtl),O,iMft U:SIIIIOl'CIINl(I EQIIN:lilll'JGNNI/ICllQil.'1011' ~Ul<IMl.f'I.Nt~ 3570 GARFIELD STREET AP/I: 2(14.240-124() lOT4 MA/'7961 .,,,, zo+240-f3JJIJ APN: 204-2,///-12J)IJ lOTt0 Bt.OCKQ MAP1/11JJ I I I I I I I 7 • ·====G=~~~~7Sf ====r---------------1! ~, (O!iT2AC) I It !1 APN:204•2,/().1,f.//O I I: • I I ------.;:; )ll--;:-f---- 1 !OTT I /.IAP7961 I APN;:/0,1-240-15-00 I I I lOTI BlOCKO MAP tBOJ APN: lOl-240-55<!0 ---------------1 ...,,_,_,., ""' ~~~.:-w OIIIUIIO._.,o,tJOIMIIICT --.C.,U41fllnJIC :l-cc.111: -jl,ll)OQJJ.(atDCJII c,r,'o,~ ,,,w,N;,otlUfJWJ ....... ,W$U.'fflll.l)Nl'TY-.U,UJl',Jt ftM:llt~Mlil.WlOltEflMl)ll ~r.&liffl'MJIIIE(III-A ~,,.,~ Ml ~ ,UJ CUilC Ul,~..VIIUIIIC Pl.AN VIEW. SITE I.A YOUT ll,fr(I,..,,~ GENERAL NOTES CO/lllNUED MNQ'Qt,tJ'Tlf#fltc.otlWZD ---IOIJll"-"'CII~ ,V.wa£1'111,'U,... IO .. I01'1111£""ttlf ,_.A'\fl:fJNfJKWNDCIMllllf'toNIII l'Ofl'WfW"M.WJl'W'MCMIOff(I~ .,_,01N11"·•""''1wlOQ!rl1V ~~w MPOll::lltll~ -ot!IWr tfftltN/WlltAll•J-(",'\/ CONDOMINIUM NOTE REFERENCED DRAWINGS I OWNER INFDRMAnoN SUBDIVIDER INFORMATION c.'K'lt'J'H<w!Al"; ........ w IJ,rjMMlol,fM;IJlll,,t,A(lll:M ~M,IQ~f.1111 ..... .,..., LEGAL DESCR!PnON ~'0tlO"IDll.,,,,,.,0,UUIUO'-_,.OlftC(O,~OX,Wl'P~t;tl&Mf~ O!Uff'l:l'IJllt#J'' tmMOIH:lafl'Dl'toOCl'-',O ._AQ,.IJCaPQlll'"Jl,f WA~~OflllfMOQ~r-. ~ ""-1W.Yl/l1bl#Oa,...,,,"'1D ~#N"""'2'r,HS.-cmJOrollffll~~ooallPfl(J#l•__,lf SITE ADDRESS TOPOGRAPHY D'l'OlirMCll,,.,_lft'lflD&IMl"c./~.lll#l ,,.,,..,...,,.~~a,'!Jl:,.A,JSOQ,Ud BENCHMARK ~IIOft~MUl)OIWAl'OliMl1-lql,Qleiill(IJllllt'liQ/l11f,VJ«l911111'Cl'4 """"-'l,/JJM;IJ,nlOIIC~tCQllltJIO,ff~(OUf,ewrlft..-:aOIV ~~1,,.kll.lT1l~RMWT~JIFlWl'Qrl)tllPGl<Jt ~fll'•MCU"~~,fl(NN''AOtll'f:MJ:fOCN,o,i,,.__,.t.ASloQ\oWO# t,r,,(lft:MlAICJallfllllt~O'"&fM'l"ll111 &M!Df .. 1111 auui,~iao• SITE ACREAGE .... .,,...,,_ ---MJJIQW)AHJM:tllMllrA.jdfflll ~-~<l'it'.A. 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MKO~&lll:J•Ad1QCIIIIU MrfNOilW1flllfll• 1Gt.lM-..o!'C(l»IJ •11111111.,-,11 SHEET INDEX r-11 CITY OF CARLSBAD ll»fflfl LJ_j 'rENTATIVE TRACT MAP L..l......J ~IIW;l'IMl'ffll(HDtlbt PASCO LARET SUITER GARFIELD BEACH HOft,,\ES 3570 GARFIELD STREET ----•& ASSOCIATES Slr!O., I !olll!Wla..di I (Q•rAJrl.f ,,__858.2&1.82121~~ ADOITJONAL NOTES t =~~l'llfM,f;I~~ '~=~llt-~"""55 ) ,U.MlllltJONSUl!'lrBIIIN'608IUa410,.._ -t. l'JOll)lft'~IJlamit#Cl'Rllil!IIWlf/.olCillllnlDII ---1$1MlKNl....,~,_~6lflll,,,i.,Afll .._,.,tt'~ftll')ll'l#'f(l,.,~,cl,l!AlflMIUl(11' J(IJlll'~Jl,t"'···~ ........ ..ui( ----· Nir~HtiilfO.lll( .. CIQIM"ICMIIQlt fi,:wfflU,«J"-'~tMiHB ,~~IIM:CW~.Ql;M~~O#P:JI/II CONSTRUCTION NOTES 1011 """'' (J)o.afillDII.IMY~~--twonRGI• l'tla."°""""'6"'1.lat.lO"V(fl:l ... ,tU(:tllll'OIM1t ..i'lll'IJll'~•_.,u:•CDIIIPMQIIID-"'""ff rAl'ff'tlOC\IIIIIIIOOIIW-,, ~1'D'QIICrA1B111t~CUillMIIIJWD1trwr ~,ocmr,1~1,-1 Q> l'WOIOl!dr.-.a-OLNa/l~""rrt'.l.!lt.:.t i.ll'lffftl(Y{l#Plfll""'1•• @l'ID'OJ(Cl~IMMCU.lt"tJf'f'OfewJ9110~~ a> ,,,o•CCil'H'tQ;Q,M.,Offl(ll.f'l'III KNDoor lf)~,.~~~~-a.o,i.OJ(l(Jfc,n'O,CllflJA40l~WJWt# 0 l'IIIOlfll:IRllt'.......,~WMMOMCWWWtf.fll CIJVO'~nwrow:il'M. .... ..... ~f/lflfQf'IO,CMUa,0~ PIAN VIEW· PRELIMINARY DIIAINAGE PLAN ~l"••.lciiiiitr..-i ®""7111!Dr,-IU\Ct'AIIOIIR¥!111,C,f)'LDW IO(;t,lllll:IWl!ll 1)~1'1-,0:lill'Ml\iu'MDIIP,ICIWI "~"""°'~"'~~,,,, ,_c.rl'l'C,CML-.,·~~GI-M C~IIIOOi~~,...JiVft IQCJ.r(OfCMt.!61,DCW,.~ QHIIL"'UWll4IIJUIIIIIM~l'-'lil"'MIN,IW, 0-..stbJ ...... ,0:~,0-ru,;, 90W£9,o(lftl,ll,Uflt'Wtt'(II~~ -0~Kltfl)fCCfwo{lf'10#1'J"1t~e....._. elWl'QltO,ll)jl"'C,l~f't,filf C'.!)~,.lfl!rDIEJ(Of~l'RP..JD M~aAIIS••tAIOIIClt•t11'1 8 ~,•.-..~ffl(l;fOIII~ 8 NCClfftlWlQ"flWJ.,UIIE{lltffffJ ~ il!IU'OJl,ON'~FIO(/t05Plt.1DIP£11Cl'IID ~J;I/OfJ/~"•'MOlolr«l"J !'1 0 pW>cW,DWtJl'.aai1111ta:irlE1mu::111R. ~OU~UHQ:11 ct) IW'CIGIIT.ITMt!OGIOII q) ~ACOIIIIONOt,,,fA/a'&rtttJ.1~#• l'Uffll'OICAltt.MOIW0¥1C' ~ ~ll#lllt~ll"""6 If> Mll"CMl~IPMli'tWl.Pllll~c.tf ot ~~~••1uul:IIUiJca 111rH1 lltOO('O ...,...,, NOTE SEWER I.AT~l /.OCl,TION UNKNO\'l'N 10 BE REMOVED PfR CITY SWIDARDS. RETAIN/NCI WAll NOTE ,...-.,gwr,CIJl''mlCAill[a.,~iwi.•v,,-,,1~ Olt,W,I. 'k"MllrfJ//WOl/1'h11NIJ~,illd'Ql(!!),e;Jft ,, __ PASCO LARET SUITER ----•& ASSOCIATEI SlnW., I Scara8Mclt l ~Coiftl F'tlaM858.29t.12121......,..~«rn I I •'ml, CITY OF C ARLSBAD jllllffll L...!_j 'TEN'l'ATIV'E TRACT MAP L.!_J '91fl-,pa#ONJ,'1AM'ffllt GAAFIElO BEACH HOME:5 3570 GARflEW SlREEl ... ,lll'P'WSJJWl"f'flj ~lt.Nl!m,, SEC110NB-B SECTIONC-C -~,.,u-il'CC&.WX a.-.,Wllfltl'!JI' ~ ........ $411(V1(.tlftflllj;IMiVO'f '91C11'1t!MtlfCl"J TYPICAL SEC110N • GARFIELD STREET IUH l#tJ ~lUtl~ •r•tU Ml-.lUJ'M' "°""' SEC110NA-A -.,...._ IQ&twf"Ot-«I TYPICAL DETAIL -RIBBON GUTTER lo!WiS'~-, N;Jtl(tt.i.>l'f~I-' IDU~~J TYPICAL DETAIL -RETAINING WALL tucE..arlOIIICME ......., .... Allo«i.UOT ..,.,., .l'l.mJfllJrNI -1rlAl'fl'tM,IKI_ """" -~"IC~ """'"'"""' ttl.W"'f,ttlfOOT IWlf'tlll.atiltS0061 IO•f'fJf .... TYPICAL DETAIL· BIOFILTRA110N WITH PARTIAL RETENTION BASIN (BMP 1/ w:n11MP~$Oll.·U1,t11 $Kltllf:~rr~Mlmam" O'l.filllJIEGCLQ¥IWllirlllf\tiMlfNl ~~JttM~-~,um, .fOlMJIMlll!Nlf»WUM'f<R:AlltW .,..,..., '11:lD,...,~ r:r-~IOMIMll ....a:;lf,IJ'IWlilj1'CJli r=.N: TYPICAL DETAIL· SAWCUT AC PAVEMENT FF,,.Pf.RPlAN PAO=-PERPt..AN #!)•PfJIF'I.NII AAl~MIO S.UCUAY!!~~lif ='~ .. ~ TYPICAL DETNL · STEM WAU TYRICAL DETAIL • MODIFIED CUTOFF WALL PASCO LARET SUITER ----• e; ASSOCIAT£S SM Di1Wt I SOWII llflKil 1 0\'911fl Ctuliy f'tlCINe.58.2582.l21Wl"III.PbHnlllrlNl1rc.corn lt.AU,/1/0flDIGV 11iffi'll CITY OF CARLSB.AD l[lllffl'l L..l...J 'I'ENT Anvil TRACT M.AP L.2__J IICflliJIIJ~OQ,l,UfOII GAA~IELD 8EACH HOMES 3570 GARFIELD Sll«EET L. JIIIU1, 11Pf'I' ! -..... 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