HomeMy WebLinkAbout2024-11-06; Planning Commission; Resolution 7527A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD,
CALIFORNIA, RECOMMENDING APPROVAL OF TENTATIVE TRACT MAP CT
2024-0001 AND SITE DEVELOPMENT PLAN SDP 2024-0008 TO DEMOLISH TWO
SINGLE-FAMILY HOMES AND A DETACHED GARAGE; AND THE DEVELOPMENT
OF A 12-UNIT, RESIDENTIAL AIR-SPACE CONDOMINIUM PROJECT ON A 0.532-
ACRE SITE LOCATED AT 3215-3225 TYLER STREET, WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: TYLER STREET HOMES
CASE NO.: CT 2024-0001/SDP 2024-0008 (DEV2023-0081)
WHEREAS, TYLER STREET DEV LLC, “Developer/Owner,” has filed a verified application with the City
of Carlsbad regarding property described as
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
LOT 5 INDUSTRIAL TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORINA, AS PER MAP THEREOF NO. 1743, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID SAN DIEGO COUNTY, JAN. 3, 1923.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract Map and Site
Development Plan as shown on Exhibit(s) “A” – “Y” dated Nov 6, 2024, on file in the Planning Division CT 2024-
0001/SDP 2024-0008– TYLER STREET HOMES, as provided by Chapters 20.12, 21.06, and 21.35 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on Nov. 6, 2024, hold a duly noticed public hearing as
prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of
persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map and
Site Development Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as
follows:
A)That the foregoing recitations are true and correct.
PLANNING COMMISSION RESOLUTION NO. 7527
B)That based on the evidence presented at the public hearing, the Commission RECOMMENDS
APPROVAL of CT 2024-0001/SDP 2024-0008– TYLER STREET HOMES, based on the following
findings and subject to the following conditions:
Findings:
Tentative Tract Map CT 2024-0001
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 proposed one lot tentative tract map for a twelve-unit
residential air-space condominium subdivision is consistent with the General Plan as described
below and satisfies all minimum requirements of the Village and Barrio Master Plan, and Titles 20and 21 of the Carlsbad Municipal Code with respect to public facilities, access, and parking as
discussed below and in the project staff report dated Nov 6, 2024.
2.That the proposed project is compatible with the surrounding future land uses since surrounding
properties are developed, are currently designated as Village-Barrio (VB) in the General Plan, and
are located in the Pine-Tyler Mixed-Use (PT) District of the Village and Barrio Master Plan. The
subject property in the PT District is surrounded by a variety of development, including residential,
and the surrounding properties are also located within the PT District of the Village and Barrio
Master Plan (VBMP). Residential uses are permitted by right in the PT District. Given the surrounding
residential uses, which are allowed in the surrounding PT district, the proposed twelve-unit
residential air-space 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
the PT District within the VBMP allows residential development at a density range of 18 to 23
dwelling units per acre. Based on a net acreage of 0.532 acres, the proposed twelve-unit residential
condominium units have a density of 22.5 dwelling units per acre. As the proposed project falls
within the allowable density range and meets all required development standards, the project site
will accommodate the proposed density.
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 project has been designed and
conditioned such 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 have been designed to include operable
windows on all elevations and balconies to maximize exposure of each unit to natural light and
ventilation from nearby coastal breezes, if desired.
7. That the Planning Commission has considered, in connection with the housing proposed by this
subdivision, the housing needs of the region, and balanced those housing needs against the public
service needs of the city and available fiscal and environmental resources in that the applicant
proposes to purchase two affordable housing credits to satisfy their inclusionary housing
obligations and to meet the housing needs of the region. As such, the project has been
conditioned to require the purchase of two affordable housing credits prior to building permit
issuance.
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 the quadrant where
the Tavarua affordable housing credit bank is located.
9. There are sufficient housing credits available to purchase in that there currently exists 23 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 previously
developed lot is devoid of sensitive vegetation and any natural water features. Therefore, the
proposed project does not impact any fish, wildlife or habitat.
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 has been designed in
accordance with the Best Management Practices for water quality protection in accordance with the
City’s sewer and drainage standards and the project is conditioned to comply with the National
Pollutant Discharge Elimination System (NPDES) requirements.
Site Development Plan SDP 2024-0008
12. That the proposed development or use is consistent with the General Plan and any applicable master
plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the Carlsbad Municipal
Code, and all other applicable provisions of this code, in that the project proposes the demolition of
two single-family uses, and in its place the construction of a new multiple-family residential
development consisting of, 12 multiple-family residential condominium units within four three-story
buildings, including 24 garaged parking spaces, on a 0.532-acre infill site located within the Pine-
Tyler Mixed-Use (PT) District of the Village & Barrio Master Plan. Multiple-family residential is
permitted by right within the PT District. The project is consistent with the various elements and
objectives of the Village-Barrio (VB) General Plan Land Use designation and the Village & Barrio
Master Plan as discussed in the findings below and in the project staff report dated Nov. 6, 2024
incorporated by reference. The project’s residential density of 22.55 dwelling units per acre is at the
23 du/ac maximum that is allowed by the PT District, the 12-unit residential project can be found
consistent with the General Plan Land Use Policies as discussed in the findings below and in the
project staff report dated Nov. 6, 2024. Therefore, the proposed density of the project is deemed
compliant with the land use density designation of the General Plan and Village and Barrio Master
Plan.
13. That the requested development or use is properly related to the site, surroundings and environmental
settings, will not be detrimental to existing development or uses or to development or uses specifically
permitted in the area in which the proposed development or use is to be located, and will not adversely
impact the site, surroundings or traffic circulation, in that The proposed multiple-family residential
development is located within the Pine-Tyler Mixed-Use (PT) District of the Village & Barrio Master
Plan. The project will not be detrimental to existing uses or to uses specifically permitted in the area
in which the use is located in that multiple-family residential is permitted by right in the PT District.
All the properties surrounding the Site are designated for PT uses under the VBMP. The project Site
is surrounded by a variety of urban uses, including an urban winery to the north, a two-story
multiple-family residential building to the east across Tyler Street, a three-story mini-
warehouse/self-storage building to the south, and an auto storage yard to the west. The proposed
multiple-family residential development will not adversely impact the site, surroundings, or traffic
circulation. The multiple-family residential project is estimated to generate (72 ADT) more than the
existing single-family residential land uses (20 ADT) it intends to replace, resulting in a net increase
of 52 Average Daily Trips (ADT). Tyler Street is designed to adequately handle the traffic generated
by the project, and the project is adequately parked on-site in accordance with the Village & Barrio
Master Plan.
14. That the site for the intended development or use is adequate in size and shape to accommodate the
use, in that the PT District within the VBMP allows residential development at a density range of 18
to 23 dwelling units per acre. Based on a net acreage of 0.532 acres, the proposed twelve-unit
residential condominium units have a density of 22.5 dwelling units per acre. As the proposed
project falls within the allowable density range and meets all required development standards, the
project will accommodate the proposed density.
15. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested development or use to existing or permitted future development or use in the
neighborhood will be provided and maintained, in that the project complies with all applicable
development standards for multiple-family residential projects within the PT District of the Village
& Barrio Master Plan, including lot coverage, open space, height, setbacks, and parking, etc. The
architecture of the building is compatible with the surrounding residential and commercial
development in that the immediate area consists of a mix of architectural styles. Landscaping along
the street frontages and throughout the project will be provided consistent with the requirements
of the city’s Landscape Manual and the Village & Barrio Master Plan.
16. That the street systems serving the proposed development or use is adequate to properly handle all
traffic generated by the proposed use, in that the proposed project has one primary street frontage,
Tyler Street, along the eastern property line. Along Tyler Street, the project is proposing a 5-feet of
right-of-way dedication. With a total of 10-feet from curb to property line, the project proposes a
6.0-foot-wide concrete sidewalk buffered by a landscaped planter with street trees. Primary
vehicular access into the project site will be provided via driveway on Tyler Street. The proposed
project is estimated to generate more trips (72 ADT) than the existing land uses (20 ADT) it will
replace, resulting in a net increase of 52 Average Daily Trips (ADT). Tyler Street is designed to
adequately handle the traffic generated by the project. The project site is also located within 0.35
miles of the Carlsbad Village mass transit station which provides bus, train, and Coaster service on a
daily basis.
Village & Barrio Objective Design Standard Waiver Findings
NOTE: Pursuant to the Village & Barrio Objective Design Standard (ODS) waiver process (Appendix E, Sections
1.4-1.5), up to four waivers may be granted to applicable objective design standards for a project if all
the required waiver findings can be made. The Village & Barrio ODS waiver process is a separate
process from the concessions/incentives and waiver process under Density Bonus Law (Government
Code Section 65915). The project is proposing to waive two objective design standards under the
Village & Barrio ODS waiver process as discussed in Findings No. 15 and 16 below.
17. Item 2.6.D.2:
Pedestrian walkways shall be provided with a minimum width of five (5) feet along their
entire
length.
1. The proposed project meets the intent of the design standard under consideration, or
a similar design standard is implemented in substitution in that the proposed project
meets the intent of the design standard. The unit entry sidewalk is proposed to be
reduced to a 4-foot width due to the fact the sidewalk is serving only 5 units along
each separate side of the property and the two frontage units are served with a
separate private entry sidewalk. A 4-foot wide sidewalk is sufficient for the small
number of total units that utilize each separate walk. Additionally, the current
Building code allows for 4’ wide sidewalk access for this number of units.
2. The project meets the allowed density with the proposed waiver(s) in that the project,
which has a density of 22.5 dwelling units per acre, meets the allowable density of
18 to 23 dwelling units per acre with the proposed waivers.
3. The proposed project is consistent with the distinctive architectural style selected in
that the project is consistent with the selected craftsman architectural style.
18. Item 7.2.A:
All three (3) story buildings shall have a minimum building stepback of ten-feet (10’-0”) on the
third (3rd) floor by stepping a portion of the street-facing facade backward (from the front
setback) a minimum of six feet (6’-0”) from the predominant facade plane (Figure 7.2.1),
and/or vertically articulated plane, for a minimum width of twenty-five feet (25’-0”).
1. The proposed project meets the intent of the design standard under consideration, or
a similar design standard is implemented in substitution in that the proposed project
meets the intent of the design standard. The intent of E-7, 7.1 requires that multi-
family buildings not appear as massive, monolithic structures, but instead as a series
of architecturally authentic buildings. The standards of this section are intended to
ensure that these larger attached buildings are designed to appear as carefully
conceived groups of separate structures that, along with an attractive streetscape,
contribute to the overall urban, pedestrian- friendly quality desired for Carlsbad.
To satisfy the intent of E-7, 7.1 the project was designed to include two separate
structures along the Tyler Street frontage. The lot is 139 feet-10 inches wide. Each
separate building is 50 feet wide equaling a total of 100 feet of building frontage. 39
feet-10 inches is left as an open space area which contributes to the satisfaction of
the overall intent of chapter E-7, 7.1 as described above.
Additionally, the project incorporates multiple stepbacks on each floor to further
enhance the street frontage appearance. The project incorporates a 2-feet x 20-feet-
10 inch stepback as well as an 8-feet wide by 12-feet deep front entry stepback on
the 1st floor, a 11-feet-2-inch wide by 6-feet stepback and a 6-feet wide by 10-feet-
6-inch deep stepback on the 2nd floor, a six-feet-10-inch wide by 9-feet-3-inch
stepback as well as a 7-feet wide by 9-feet-10-inch stepback on the third floor. The
third floor contains a total of 13-feet-10-inch wide by 9-feet-3-inch to 9-feet-10-inch
deep stepback at each building frontage. The total third floor stepback area of both
buildings is 27-feet-8-inch wide by 9-feet-3-inch to 9-feet-10-inch deep.
Due to the narrow depth of the proposed frontage units of +/- 20-feet-7-inches,
design issues were experienced with eliminating 10 feet of stepback space while
maintaining a sensible architectural floor plan layout. Multiple recessed decks are
provided along the Tyler Street frontage as well as multiple architectural articulation
elements including building stepbacks, varied gable roof elements, a front entry shed
roof, decorative wood elements, etc. The architectural elements contribute the same
level of architectural interest as a 25-feet wide by 10-feet deep stepback.
2. The project meets the allowed density with the proposed waiver(s) in that the project,
which has a density of 22.5 dwelling units per acre, meets the allowable density of
18 to 23 dwelling units per acre with the proposed waivers.
3. The proposed project is consistent with the distinctive architectural style selected in
that the project is consistent with the currently selected craftsman architectural
style.
General
19. The Planning Commission finds that the project, as conditioned herein, is in conformance with the
Elements of the city’s General Plan, and the development standards of the Village and Barrio Master
Plan, based on the facts set forth in the staff report dated Nov 6, 2024 including, but not limited to the
following:
a. Land Use – The proposed project, which includes the construction of twelve new residential
condominiums, would enhance the vitality of the Village by providing new residential land uses
near the Pine-Tyler District. The project reinforces the pedestrian orientation desired for the
downtown area by providing residents an opportunity to walk to shopping, recreation, and mass
transit functions. The project’s proximity to existing bus routes and mass transit would help to
further the goal of providing new economic development near transportation corridors. Overall,
the residential project would contribute to the revitalization of the Pine-Tyler District.
b. Mobility – The proposed project has been designed to meet circulation requirements, which
include maintaining or enhancing frontage improvements consisting of walkways and
landscaping. In addition, the applicant would be required to pay traffic impact fees prior to the
issuance of building permits that would go toward future road improvements. The proposed
project is located approximately one-third mile from the Carlsbad Village train station which
provides rail and bus service throughout the day. The project’s proximity to the transit station
would provide residents with the opportunity to commute to major job centers, thereby
reducing vehicle miles traveled (VMTs) and their carbon footprint. Furthermore, the project
supports walkability and mobility by locating the project near existing goods and services within
the Village.
c. Noise – The proposed project is consistent with the Noise Element of the General Plan in that
the project’s building design, with windows closed, adequately attenuates the noise levels for
the new condominiums as described in the noise analysis report (Birdseye Planning Group, dated
October, 2024) and adequately attenuates the interior noise levels for the new condominiums
to 45 dB(a) CNEL or less (i.e., interior average noise level. The project incorporates exterior noise
mitigation measures such as a six-foot vinyl fence along the western property line, reducing
exterior railroad noise to 57 dBA, below the 60 dBA limit. Units 5 and 11 have second-level
recreation spaces mitigated to 55 dBA by adjacent units. The central outdoor common recreation
space is shielded by residential buildings, keeping noise levels below city thresholds.
d. 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 June 27, 2023, 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 purchase the two housing credits prior to building permit
issuance.
e. Public Safety – The proposed structural improvements would be required to meet all seismic
design standards. In addition, the proposed project is consistent with the applicable fire safety
requirements. The project would be required to develop and implement a program of “best
management practices” for the elimination and reduction of pollutants which enter into and/or
are transported within storm drainage facilities. The project has been conditioned to pay all
applicable public facilities fees for Zone 1.
f. PT District Standards – The project as designed is consistent with the development standards for
the PT District, the VBMP Design Guidelines and all other applicable regulations set forth in the
VBMP as discussed in the project staff report. The project is not requesting any deviations to the
development standards and all required parking is located on-site.
20. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 1 and all city public facility policies and ordinances. The project includes
elements or has been conditioned to construct or provide funding to ensure that all facilities and
improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools;
parks and other recreational facilities; libraries; government administrative facilities; and open space,
related to the project will be installed to serve new development prior to or concurrent with need.
Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified School District
that the project has satisfied its obligation for school facilities.
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected
prior to issuance of building permit. Under SB 330, the park-in-lieu fees will be assessed
according to the 2023-2024 Master Fee Schedule which assessed a flat rate per unit based on
subdivision type (attached, residential, more than 4 units, $6,190 per unit). Under the new
2024-2025 Master Fee Schedule, the fees would normally be assessed on the size of each unit
instead of a flat fee per unit based on subdivision type.
c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior
to the issuance of building permit.
d. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code Section
21.90.050 and will be collected prior to issuance of building permit.
20. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or
development fees, and has agreed to abide by any additional requirements established by a Local
Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This
will ensure continued availability of public facilities and will mitigate any cumulative impacts created
by the project.
21. This project has been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 1.
22. That all necessary public facilities required by the Growth Management Ordinance will be constructed
or are guaranteed to be constructed concurrently with the need for them created by this project and
in compliance with adopted city standards.
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 has reviewed each of the exactions imposed on the Developer contained in
this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts
caused by or reasonably related to the project, and the extent and the degree of the exaction is in
rough proportionality to the impact caused by the project.
Conditions:
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this
proposed subdivision, must be met prior to approval of a final map, building or grading permit
whichever occurs first.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and
maintained over time, if any of such conditions fail to be so implemented and maintained according to
their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or
further condition issuance of all future building permits; deny, revoke, or further condition all
certificates of occupancy issued under the authority of approvals herein granted; record a notice of
violation on the property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer or a successor
in interest by the city’s approval of this Tentative Tract Map and Site Development Plan.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Tentative Tract Map and Site Development Plan documents, as necessary to
make them internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development, different
from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations
in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment of any fees
in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this
approval shall be suspended as provided in Government Code 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 and Site Development Plan, (b) city’s approval or issuance of any permit
or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein,
and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of electromagnetic
fields or other energy waves or emissions. This obligation survives until all legal proceedings have been
concluded and continues even if the city’s approval is not validated.
6. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Tentative Map,
conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final
decision-making body. The copy shall be submitted to the City Planner, reviewed and, if found
acceptable, signed by the city's project planner and project engineer. If no changes were required, the
approved exhibits shall fulfill this condition.
7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division
from the Carlsbad Unified School District that this project has satisfied its obligation to provide school
facilities.
8. This project shall comply with all conditions and mitigation measures which are required as part of the
Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance
of building permits.
9. This approval shall become null and void if building permits are not issued for this project within 24
months from the date of project approval.
10. Building permits will not be issued for this project unless the local agency providing water and sewer
services to the project provides written certification to the city that adequate water service and sewer
facilities, respectively, are available to the project at the time of the application for the building permit,
and that water and sewer capacity and facilities will continue to be available until the time of
occupancy. A note to this effect shall be placed on the Final Map.
11. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17, the License
Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax
(if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040.
Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to
Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not
paid, this approval will not be consistent with the General Plan and shall become void.
12. 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 and Site Development Plan on the property. Said Notice
of Restriction shall note the property description, location of the file containing complete project
details and all conditions of approval as well as any conditions or restrictions specified for inclusion in
the Notice of Restriction. The City Planner has the authority to execute and record an amendment to
the notice which modifies or terminates said notice upon a showing of good cause by the Developer
or successor in interest.
13. Prior to issuance of grading permit(s), developer shall make a separate formal landscape construction
drawing plan check submittal to the Planning Division and obtain City Planner approval of a Final
Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan
and the city’s Landscape Manual. Developer shall construct and install all landscaping and irrigation as
shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving
condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the
optimum amount of water to the landscape for plant growth without causing soil erosion and runoff.
14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plancheck
process on file in the Planning Division and accompanied by the project’s building, improvement, and
grading plans.
15. Prior to the approval of the final map, 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 and updated 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.
16. Prior to issuance of grading and building permits, Developer shall list the following condition on all
grading and building permit construction plans. Construction activities shall take place during the
permitted time and day per Carlsbad Municipal Code Chapter 8.48. Developer shall ensure that
construction activities for the proposed project are limited to the hours from 7:00 a.m. to 6:00 p.m.
Monday through Friday, and 8:00 a.m. to 6:00 p.m. on Saturdays; no work shall be conducted on
Sundays or on federal holidays.
17. Developer shall establish a homeowner's association and corresponding covenants, conditions and
restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner prior to final
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.
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 Association and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit ____________.
f. Rooftop Decks and Balconies: The individual lot or unit owner allowances and prohibitions
regarding balconies, trellis, and decks shall be as set forth in Exhibit __________.
18. 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.
19. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or
other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass-
through of the taxes or fees to individual home buyers, then in addition to any other disclosure
required by law or Council policy, the Developer shall disclose to future owners in the project, to the
maximum extent possible, the existence of the tax or fee, and that the school district is the taxing
agency responsible for the financing mechanism. The form of notice is subject to the approval of the
City Planner and shall at least include a handout and a sign inside the sales facility, or inside each unit,
stating the fact of a potential pass-through of fees or taxes exists and where complete information
regarding those fees or taxes can be obtained.
20. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the City
Planner, in the sales office or inside each unit, at all times. All sales maps that are distributed or made
available to the public shall include but not be limited to trails, future and existing schools, parks, and
streets.
21. Developer shall post a sign in the sales office, or model unit(s), in a prominent location that discloses
which special districts and school district provide service to the project. Said sign shall remain posted
until all of the units are sold.
22. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so required,
the Developer shall submit and obtain approval of the Fire Chief and the City Planner of an Outdoor
Storage Plan, and thereafter comply with the approved plan.
23. Developer shall submit and obtain City Planner approval of an exterior lighting plan including parking
areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or
property.
24. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed
from view and the sound buffered from adjacent properties and streets, in substance as provided in
Building Department Policy No. 80-6, to the satisfaction of the City Planner and Building Official.
25. Prior to issuance of a grading permit or the commencement of any ground-disturbing activities,
whichever occurs first, Developer shall:
a. Retain the services of a qualified archaeologist who shall be on-site to monitor ground disturbing
activities. In the event cultural resource material is encountered, the archaeologist is
empowered to temporarily divert or halt grading to allow for coordination with the Luiseno
Native American monitor and to determine the significance of the discovery. The archaeologist
shall follow all standard procedures for cultural resource materials that are not Tribal Cultural
Resources, in accordance with applicable laws and regulations including but not limited to the
Carlsbad Tribal, Cultural and Paleontological Resources Guidelines (2017).
b. Enter into a Pre-Excavation Agreement, otherwise known as a Tribal Cultural Resources
Treatment and Tribal Monitoring Agreement, with the San Luis Rey Band of Mission Indians or
other Luiseno Native American tribe that meets all standard requirements of the tribe for such
Agreements, in accordance with applicable laws and regulations including but not limited to the
Carlsbad Tribal, Cultural and Paleontological Resources Guidelines (2017). This agreement will
address provision of a Luiseno Native American monitor and contain provisions to address the
proper treatment of any Tribal Cultural Resources and/or Native American human remains
inadvertently discovered during the course of the project. The agreement will outline the roles
and powers of the Luiseno Native American monitor and the archaeologist.
26. Mechanical ventilation for each unit shall be shown on the plans submitted for building permit since
windows are required to be closed to meet the maximum 45 dB(a) CNEL interior noise level. Noise
consultant shall certify on the plans that the building construction proposed with the mechanical
units listed will comply with the maximum interior noise limit.
27. Garbage and recycle bins shall be located in the garage and are not be kept in the drive aisle or any
other visible location.
Engineering
General
28. 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.
29. 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.
30. Developer shall submit to the city engineer an acceptable instrument, via CC&Rs and/or other recorded
document, addressing the maintenance, repair, and replacement of shared private improvements
within this subdivision, including but not limited to private driveway, pervious pavers, walkways, raised
biofiltration facilities and storm drain facilities located therein and to distribute the costs of such
maintenance in an equitable manner among the owners of the properties within this subdivision. The
CCR’s shall include a requirement to provide an annual verification of the effective operation and
maintenance of each structural treatment control BMP in accordance with the BMP maintenance
agreement and the SWQMP. The annual verification shall be submitted to the enforcement official in
a format as approved by the city prior to the start of the rainy season.
31. Developer shall include rain gutters on the building plans subject to the city engineer’s review and
approval. Developer shall install rain gutters in accordance with said plans.
32. 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.
33. 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.
34. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover,
etc.) and irrigation along the parkway frontage with Tyler Street as shown on the Tentative
Map/Site Plan.
35. Prior to building permit issuance, the developer shall show proof of recorded grant deeds for
each parcel of the adjustment plat.
Fees/Agreements
36. 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.
37. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city’s standard form Drainage Hold Harmless Agreement.
38. 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.
39. 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
40. 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.
41. Prior to issuance of the grading permit, the contractor shall submit a Construction Plan to the
city engineer for review and approval. Said Plan may be required to include, but not be limited
to, identifying the location of the construction trailer, material staging, bathroom facilities,
parking of construction vehicles, employee parking, construction fencing and gates, obtaining
any necessary permission for off-site encroachment, addressing pedestrian safety, and
identifying time restrictions for various construction activities.
Storm Water Quality
42. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but
are not limited to pollution control practices or devices, erosion control to prevent silt runoff
during construction, general housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices or devices to prevent
or reduce the discharge of pollutants to stormwater, receiving water or stormwater
conveyance system to the maximum extent practicable. Developer shall notify prospective
owners and tenants of the above requirements.
43. Developer shall complete and submit to the city engineer a Determination of Project’s SWPPP
Tier Level and Construction Threat Level Form pursuant to City Engineering Standards.
Developer shall also submit the appropriate Tier level Storm Water Compliance form and
appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of
the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees
per the city’s latest fee schedule.
44. This project is subject to ‘Priority Development Project’ requirements and trash capture
requirements. Developer shall prepare and process a Storm Water Quality Management Plan
(SWQMP), subject to city engineer approval, to comply with the Carlsbad BMP Design Manual
latest version. The final SWQMP required by this condition shall be reviewed and approved by
the city engineer with final grading plans. Developer shall pay all applicable SWQMP plan
review and inspection fees per the city’s latest fee schedule.
45. Developer is responsible to ensure that all final design plans (grading plans, improvement
plans, landscape plans, building plans, etc) incorporate all source control, site design, pollutant
control BMP and applicable hydromodification measures.
Dedications/Improvements
46. Developer shall cause owner to submit to the city engineer for recordation a covenant of
easement for private utility and access purposes as shown on the tentative map. Developer
shall pay processing fees per the city’s latest fee schedule.
47. Developer shall cause owner to dedicate to the city and/or other appropriate entities for the
public street and utility purposes as shown on the tentative map. The offer shall be made by
a certificate on the final map. All land so offered shall be free and clear of all liens and
encumbrances and without cost to the city. Streets that are already public are not required to
be rededicated. Additional easements may be required at final design to the satisfaction of
the city engineer.
48. 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.
49. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain
a right-of-way permit to the satisfaction of the city engineer.
50. Developer shall prepare and process public improvement plans and, prior to city engineer
approval of said plans, shall execute a city standard 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. Replace curb and gutter
b. Install 6.0-foot wide concrete sidewalk
c. Install driveway
d. Replace 6-inch AC waterline with new 8-inch PVC water main in Tyler Street.
e. Install water services, fire service and sewer service.
f. AC grind and overlay along Tyler Street per city standards.
Additional public improvements required in other conditions of this resolution are hereby
included in the above list by reference. Developer shall pay the standard improvement plan
check and inspection fees in accordance with the fee schedule. Improvements listed above
shall be constructed within 36 months of approval of the subdivision or development
improvement agreement or such other time as provided in said agreement.
51. Developer is responsible to ensure all existing 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.
52. 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.
53. The location of the utility transformers shall be approved by SDG&E prior to approval of the
grading permit.
Non-Mapping Notes
54. 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:
a. Replace curb and gutter
b. Install 6.0-foot wide concrete sidewalk
c. Install driveway
d. Replace 6-inch AC waterline with new 8-inch PVC water main in Tyler Street.
e. Install water services, fire service and sewer service.
f. AC grind and overlay along Tyler Street per city standards.
B. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
C. 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.
D. 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.
E. There are no public park or recreational facilities to be located in whole or in part
within this subdivision. The subdivider is therefore obligated to pay park-in-lieu fees in
accordance with section 20.44.050 of the Carlsbad Municipal Code and has either paid
all of said park in-lieu fees or agreed to pay all of said park-in-lieu fees in accordance
with section 20.16.070 of the Carlsbad Municipal Code.
Utilities
55. 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
56. 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.
57. 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.
58. 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.
59. 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
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
60. 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.
61. 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.
62. Subdivider shall comply with Section 20.16.040(D) of the Carlsbad Municipal Code regarding
the undergrounding of existing overhead utilities.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations,
or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from date offinal approval to protest imposition of these fees/exactions. If you protest them,
you must follow the protest procedure set forth in Government Code §66020(a) and file the protest and any
other required information with the City Manager for processing in accordance with Carlsbad Municipal Code
Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review,
set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to
water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar
application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions
of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has
previously otherwise expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the
City of Carlsbad, California, held on Nov. 6, 2024, by the following vote, to wit:
AYES: Kamenjarin, Danna, Hubinger, Lafferty, Meenes, Stine
NAYES: None.
ABSENT: Merz
ABSTAIN: None.
WILLIAM KAMENJARIN, Ch person
CARLSBAD PLANNING COMMISSION
ATTEST:{,/f/ttf' J
MIKE STRONG, Assistant Director of
Community Development