HomeMy WebLinkAbout2024-12-04; Planning Commission; ; Cherry Beach Homes. Consideration of a land use request to demolish an existing single-family residence, duplex, and accessory structure, and construction of three-unit,Meeting Date: December 4, 2024
To: Planning Commission
Staff Contact: Kyle Van Leeuwen, Associate Planner; 442-339-2611;
kyle.vanleeuwen@carlsbadca.gov
Subject: Cherry Beach Homes. Consideration of a land use request to demolish an existing
single-family residence, duplex, and accessory structure, and construction of
three-unit, residential air-space condominium project consisting of three
detached, three-story, one-family dwellings on a 0.18-acre infill site.
Location: 180 Cherry Ave. / 204-231-05-00/ District 1
Case Numbers: PUD 2024-0002/SDP 2024-0013/CDP 2024-0016/MS 2024-0003 (DEV2024-0052)
Applicant/Representative: Patrick Cornman, 858-792-5906, patrick@sdarchitects.net
CEQA Determination: ☐Not a Project ☒ Exempt ☐ IS/ND or IS/MND ☐ EIR
☐Other:
Permit Type(s): ☒SDP ☐ CUP ☒ CDP ☒ TM/TPM ☐ GPA ☐ REZ ☐ LCPA
☒Other: PUD
CEQA Status: ☐The environmental assessment IS on the Agenda for discussion
☒A CEQA determination was already issued. That decision is final and
IS NOT on the Agenda
Commission Action: ☒Decision ☐ Recommendation to City Council ☐ Informational (No Action)
Recommended Actions
That the Planning Commission ADOPT the Planning Commission Resolution (Exhibit 1) APPROVING a Planned
Development Permit PUD 2024-0002, Site Development Plan SDP 2024-0013, Coastal Development Permit CDP
2024-0016, and Minor Subdivision MS 2024-0003, based on the findings and subject to the conditions contained
therein.
Dec. 4, 2024 Item #3 1 of 88
PLANNING COMMISSION
Staff Report .
It em 0
Existing Conditions & Project Description
Existing Setting
The subject site consists of one parcel totaling 0.18 acres
located at 180 Cherry Ave. (Exhibit 2), within the Mello II
segment of the city’s Local Coastal Program, Beach Area
Overlay Zone and Local Facilities Management Zone 1. The
property is currently developed with three existing
residential structures; one single-family residence
(approximately 1,200 square feet), a duplex structure
containing garages and two dwelling units (approximately
1,800 square feet), and a 100-square-foot accessory
structure. Topographically, the site is generally flat with a
slight descent in elevation from east to west. The site is
located on the northwest corner of Cherry Avenue and
Garfield Street, approximately 300 feet from Carlsbad
Boulevard and Tamarack Surf Beach to the west.
Site Map
Table “A” below includes the General Plan and Zoning designations, Village & Barrio Master Plan (VBMP) land use
district(s), and current land uses of the subject site and surrounding properties.
TABLE A – SITE AND SURROUNDING LAND USE
Location General Plan Designation Zoning Designation Current Land Use
Site Residential, 15-23 dwelling
units per acre (R-23)
Multiple-Family Residential (R-3)
w/ Beach Area Overlay (BAO)
Single-family residence &
Duplex
North Residential, 15-23 dwelling
units per acre (R-23)
Multiple-Family Residential (R-3)
w/ Beach Area Overlay (BAO)
Single-family residence &
Garage Apartment
South Residential, 15-23 dwelling
units per acre (R-23)
Multiple-Family Residential (R-3)
w/ Beach Area Overlay (BAO)
Multi-family residences
East Residential, 15-23 dwelling
units per acre (R-23)
Multiple-Family Residential (R-3)
w/ Beach Area Overlay (BAO)
Multi-family residences
West Residential, 15-23 dwelling
units per acre (R-23)
Multiple-Family Residential (R-3)
w/ Beach Area Overlay (BAO)
Multi-family residences
General Plan Designation(s)
Zoning Designation(s)
Dec. 4, 2024 Item #3 2 of 88
Proposed Project
The applicant proposes to demolish an existing single-family residence, a duplex structure, and a detached
accessory structure located at 180 Cherry Ave., followed by the construction of a three-unit condominium project
consisting of three detached, one-family dwellings on one lot (APN 204-231-05-00) totaling 0.18 acres (7,795
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 Planned Development Permit (PUD 2024-0002), Site Development Plan (SDP 2024-
0013), Coastal Development Permit (CDP 2024-0016), and Minor Subdivision/Tentative Parcel Map (MS 2024-
0003). The Tentative Parcel Map subdivision is considered minor as it involves the division of land into four or
fewer condominiums.
The proposed three-unit condominium project is comprised of three, three-story single-family dwelling units. As
air-space condominiums are proposed, the underlying lot will be held in common interest between the three
property owners. Vehicle access to each of the units will be provided by private driveways, two off Cherry Avenue
and one from Garfield Street. Parking will be provided by an attached two-car garage for each unit, which are
setback 20 feet from the street-fronting property line. As the garages are setback 20 feet from the street, an
additional six parking spaces (i.e., two per unit) can be accommodated in the driveways. A breakdown of each
type of unit is summarized in Table B below.
TABLE B – DETAILS FOR UNIT TYPE
Units Size in SF
(excluding garage)
Bedrooms & Dens
(Incl. Optional Offices/Lofts)
Bathrooms
UNIT A 2,978 4 3.5
UNIT B 2,979 4 3.5
UNIT C 3,026 5 3.5
The architectural design of the project is a beach contemporary style featuring rectangular massing, gable roofs,
and balconies off the second and third floors to provide visual interest. Primary building materials include
horizontal and vertical siding, stucco and brick; and utilizing white, tan, light gray and dark gray as primary color
values. Deck railings are proposed as both glass and vertical picket material. Shingle roofing cover a 3:12-pitched
roof on each of the three one-family dwellings. Roofing will be dark gray, light gray, and tan. A horizontal metal-
slat fence is proposed along west and north property lines (six feet high) and in some front yard areas (3.5 feet
high).
Grading quantities include 65 cubic yards of cut, 35 cubic yards of fill, 30 cubic yards of export, and 545 cubic yards
of remedial grading. A grading permit will be required for the project. The proposed project will maintain much
of the existing sidewalk, with improvements made to the pedestrian ramp at the corner of Cherry Avenue and
Garfield Street and where needed for new driveways. The project was also designed to retain as many of the
existing healthy street trees as possible (11 of 13 queen palms) and provide as much street parking as possible.
Public Outreach & Comment
The Developer has completed the Early Public Notice procedures pursuant to City Council Policy No. 84
(Development Project Public Involvement Policy). A notice of project application was mailed on July 3, 2024, to
all owners of property located within a 600-foot radius and all residents within a 100-foot radius of the project
site. A two-foot-tall by three-foot-wide yellow sign was also posted at the project site on July 10, 2024, notifying
all pass-by traffic of the project, which provides project name, application numbers, description, as well as both
Developer and city staff contact information. A total of 230 property owners and occupants were notified by
mail through the notice of project application.
Dec. 4, 2024 Item #3 3 of 88
A total of one email was received as a result of the early public notice. The email received inquired about the
timing of the project and when construction might start if the project were approved. No concerns regarding the
project, aside from the question of timing, were conveyed by the sender. No other comments were received.
Response to Public Comment & Project Issues
No public comments received raised any issues about the project scope or design.
Project Analysis
General Plan Consistency
The project site has a General Plan Land Use designation of R-23 Residential, which allows for the
development of residential units, including one-family dwellings, at a density of 15-23 dwelling units per acre
(du/ac). The City of Carlsbad General Plan includes several goals and policies that guide development and
land use within the city. A discussion of how the project is consistent with the applicable General Plan
policies is summarized in Exhibit 4.
Municipal Code Consistency
The City of Carlsbad Municipal Code, most notably Title 21 Zoning Code, includes requirements and provisions
that guide development and land use within the city, consistent with the General Plan. The project is required to
comply with all applicable regulations and development standards of the Carlsbad Municipal Code (CMC)
including the Multiple-Family Residential (R-3) zone (CMC Chapter 21.16), Planned Developments (CMC Chapter
21.45), and the Beach Area Overlay (BAO) zone (CMC Chapter 21.82). Specific compliance with these relevant
requirements is described in Exhibit 4.
Local Coastal Program Consistency
The project site is in the Coastal Zone and requires a Coastal Development Permit. The project complies with the
Local Coastal Program (Mello II Segment), including all goals and policies of the General Plan and all zoning code
standards, as referenced above. Additional information on the Coastal Development Permit and Local Coastal
Program findings is included in Exhibit 4.
Inclusionary Housing Ordinance
For all residential developments less than seven units, the inclusionary housing requirement may be satisfied
through the payment of an inclusionary housing in-lieu fee. However, pursuant to Carlsbad Municipal Code
Section 21.85.030D.3, the construction of a new residential structure which replaces a residential structure that
was destroyed or demolished within two years prior to the application for a building permit for the new
residential structure is exempt from affordable housing requirements. The proposal to demolish three
residential units and construct a three-unit residential condominium project has been conditioned to pay the
applicable housing in-lieu fee for three units if building permits for the project have not been applied for within
two years of demolishing the two existing residential units.
Housing Crisis Act of 2019 (HCA)
This project is subject to California Government Code Section 65589.5(j)(1), which states when a proposed housing
development project complies with the applicable, objective general plan, zoning, and subdivision standards and
criteria that were in effect at the time that the application was deemed complete, cities shall not disapprove the
project or impose a condition requiring lower density unless the city finds based on a preponderance of evidence
that the project would have a specific, adverse impact on public health and safety, or there is no feasible method
to satisfactorily mitigate or avoid such adverse impact. A “specific, adverse impact” means a significant,
quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety
standards, policies, or conditions as they existed on the date the application was deemed complete; and there is
Dec. 4, 2024 Item #3 4 of 88
no feasible method to satisfactorily mitigate or avoid the adverse impact, other than the disapproval of the project
or the approval of the project upon the condition that it be developed at a lower density. Staff has not identified
evidence to support a finding that the project would have a specific, adverse impact on public health and safety.
The project proposes to demolish a duplex and a single-family home and replace them with three units on site.
None of the existing residential units qualifies as a protected unit under Government Code Section 66300.5 (h) of
the Housing Crisis Act of 2019 in that the units were (1) not subject to a recorded covenant, ordinance, or law
that restricts rents to levels affordable to persons and families of lower or very low income within the past five
years, (2) were not subject to any form of rent or price control through a public entity’s valid exercise of its police
power within the past five years, (3) were not rented by lower or very low income households within the past five
years, and (4) were not withdrawn from rent or lease in accordance with California Government Code Title 1,
Division 7, Chapter 12.75 (the Ellis Act) within the past 10 years.
Discretionary Actions & Findings
In addition to the Coastal Development Permit required for development within the Coastal Zone, the following
discretionary actions area requested. Additional information on the Coastal Development Permit and Local
Coastal Program findings is included in Exhibit 4.
Planned Development Permit PUD 2024-0002
Pursuant to Section 21.45.050, Planned Developments, approval of a Minor Planned Development Permits is
required for air-space condominium projects proposing four or fewer dwelling units. Staff finds that the
required findings for this application can be met (Exhibits 4 & 5).
Site Development Plan SDP 2024-0013
Pursuant to Section 21.82.040, Beach Arae Overlay (BAO) Zones, approval of a Site Development Plan is required
for planned developments within the BAO zone when the project includes four or fewer units, processed
pursuant to Chapter 21.06 (Q-Overlay Zone). Staff finds that the required findings for this application can be
met (Exhibit 4).
Minor Subdivision-Tentative Parcel Map MS 2024-0003
Pursuant to Section 21.45.050, Planned Developments, approval of a Minor Subdivision Map (Tentative Parcel
Map) is required for air-space condominium projects proposing four or fewer dwelling units, consistent with
Section 20.24.130 (Minor Subdivision, Required Findings). Staff finds that the required findings for this
application can be met (Exhibit 4).
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. The City Planner, through the process outlined in CMC Section 19.04.060,
completed a review of the project and potential environmental impacts associated with the project pursuant to
CEQA and determined that the project qualified for an exemption pursuant to CEQA Guidelines Section 15303 –
New Construction or Conversions of Small Structures. CEQA Guidelines Section 15303 is a Class 3 exemption for
projects that include the construction of three single-family residences in an urbanized area.
This notice was posted on Oct. 17, 2024 for a period of 10-days. No appeals from the public were filed and no
letters were received from the public on the CEQA determination. Therefore, the determination that the project
Dec. 4, 2024 Item #3 5 of 88
is exempt from CEQA Guidelines Section 15303– New Construction or Conversions of Small Structures, is final
and is not subject to consideration by the public or the Planning Commission. Please see Exhibit 6 for reference.
Conclusion
Considering the information above and in the referenced Exhibits, staff has found that the proposed project is
consistent with all applicable policies of the General Plan, Local Costal Program, provisions of the Municipal
Code, and Local Facilities Management Zone 1. All required public improvements and utilities are available to
serve the proposed development. In addition, there are no environmental issues associated with the project.
The project is conditioned to ensure the proposed project’s compatibility with the surrounding properties and
that the public health, safety, and welfare of the community are maintained. The project would be required to
comply with all applicable California Building Standards Codes and engineering standards through the standard
building permit and civil improvement plan checking process. Staff recommends the Planning Commission adopt
the resolution approving the project, as described in this staff report.
Exhibits
1.Planning Commission Resolution (PUD/SDP/CDP/MS)
2.Location Map
3.Disclosure Statement
4.Project Analysis (General Plan, Zoning Ordinance, Village & Barrio Master Plan)
5.Planned Development Tables C & E
6.Notice of CEQA Determination of Exemption, Oct. 17, 2024
7.List of Acronyms and Abbreviations
8.Reduced Exhibits
9.Full Size Exhibits “A” – “M” dated Dec. 4, 2024 (on file in the Planning Division)
Dec. 4, 2024 Item #3 6 of 88
Exhibit 1
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT
PERMIT, SITE DEVELOPMENT PLAN, COASTAL DEVELOPMENT PERMIT,
AND MINOR SUBDIVISION TO DEMOLISH AN EXISTING SINGLE-FAMILY
RESIDENCE, DUPLEX, AND ACCESSORY STRUCTURE, AND CONSTRUCTION
OF A THREE-UNIT, RESIDENTIAL AIR-SPACE CONDOMINIUM PROJECT
CONSISTING OF THREE DETACHED, THREE STORY, ONE FAMILY
DWELLINGS ON A 0.18-ACRE INFILL SITE LOCATED AT 180 CHERRY
AVENUE, WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL
PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: CHERRY BEACH HOMES
CASE NO.: PUD 2024-0002/SDP 2024-0013/CDP 2024-0016/
MS 2024-003 (DEV2024-0052)
WHEREAS, RREG INVESTMENTS SERIES LLC SERIES 1046, “Developer/Owner,” has filed a
verified application with the City of Carlsbad regarding property described as
LOT E IN BLOCK 1 OF PALISADES HEIGHTS, IN THE CTY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 1777, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, JANUARY 11, 1924
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Planned Development
Permit, Site Development Plan, Coastal Development Permit, and Tentative Parcel Map as shown on
Exhibit(s) “A” – M” dated Dec. 4, 2024, on file in the Planning Division, PUD 2024-0002/SDP 2024-
0013/CDP 2024-0016/MS 2024-003 (DEV2024-0052) – CHERRY BEACH HOMES, as provided by Chapter
21.16, 21.45, 21.82, 21.201, and 20.12 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on Dec. 4, 2024, hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the
Planned Development Permit, Site Development Plan, Coastal Development Permit, and Minor
Subdivision.
PLANNING COMMISSION R ESOLUTION NO. 7531
Dec. 4, 2024 Item #3 7 of 88
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission APPROVES
PUD 2024-0002/SDP 2024-0013/CDP 2024-0016/MS 2024-003 (DEV2024-0052) –
CHERRY BEACH HOMES, based on the following findings and subject to the following
conditions:
Findings:
Planned Development Permit (PUD 2024-0002)
1. The proposed project is consistent with the general plan, and complies with all applicable
provisions of this chapter, and all other applicable provisions of the Carlsbad Municipal Code, in
that the General Plan Land Use designation for the property is R-23 Residential, allows
residential development at a density range of 15-23 dwelling units per acre (du/ac). The project
site has a net developable acreage of 0.18 acres. As three residential units are proposed (16.7
dwelling units per acre), the project complies with the R-23 General Plan Land Use designation
for density. The project is consistent with all remaining development and design standards
applicable to the property as contained in Chapters 21.16 Multiple-Family Residential (R-3)
Zone, 21.45 (Planned Developments) and 21.82 (Beach Area Overlay Zone (BAOZ) of the
Carlsbad Municipal Code.
2. The proposed project will not be detrimental to existing uses, or to uses specifically permitted in
the area in which the proposed use is to be located, and will not adversely impact the site,
surroundings, or traffic, in that the three-unit residential air-space condominium project is
compatible with existing surrounding single-family and multiple-family residential uses as
permitted by the Multiple-Family Residential (R-3) Zone and does not create any traffic or
circulation impacts, as Garfield Street and Cherry Avenue are adequately designed to
accommodate the 24 Average Daily Trips (ADTs) being generated.
3. The project will not adversely affect the public health, safety, or general welfare, in that the three-
unit residential air-space condominium project has been designed to comply with all applicable
development standards to ensure compatibility with surrounding single-family and multiple-
family residential uses.
4. The project’s design, including architecture, streets, and site layout a) contributes to the
community’s overall aesthetic quality; b) includes the use of harmonious materials and colors,
and the appropriate use of landscaping; and c) achieves continuity among all elements of the
project, in that the architectural character of the project is a beach contemporary style featuring
rectangular massing, gable roofs, and a number of balconies with decorative railings. Primary
building materials include horizontal and vertical siding, stucco and brick; and utilizing white,
tan, light gray and dark gray as primary color values. Dark gray, light gray, and tan composite
asphalt shingles cover a 3:12-pitched roof on each building. A conceptual landscape plan has
been reviewed for the site and a final landscape plan is conditioned to be approved prior to
Dec. 4, 2024 Item #3 8 of 88
grading permit issuance. All elements (i.e. site layout, architecture, landscaping) create
continuity in the overall project design.
Site Development Plan (SDP 2024-0013)
5. That the requested use is properly related to the site, surroundings and environmental settings,
is consistent with the various elements and objectives of the General Plan, will not be detrimental
to existing uses or to uses specifically permitted in the area in which the proposed use is to be
located, and will not adversely impact the site, surroundings or traffic circulation, in that the
project consists of the demolition of an existing single-family residence, duplex, and detached
accessory structure, and the construction of a three-unit residential air-space condominium
project on a 0.18-acre in-fill site located at 180 Cherry Ave. The site is surrounded by a mix of
existing single-family and multiple-family residential developments. The proposed three-unit
residential project, at a density of 16.7 du/ac, is consistent with the R-23 Residential (15-23
du/ac) General Plan Land Use designation. The project is consistent with the various elements
and objectives of the General Plan as discussed in the findings below and Section “A” of the
project analysis. The proposed three-unit residential project will not be detrimental to existing
uses or to uses specifically permitted in the area in which the use is located in that residential
is a permitted use within the Multiple-Family Residential (R-3) Zone and is compatible with the
other residential uses surrounding the project site, including single-family and multi-family
residential uses. The three-unit residential air-space condominium project, comprised of three
detached single-family dwellings will not adversely impact the site, surroundings, or traffic
circulation in that the existing surrounding streets have adequate capacity to accommodate the
24 Average Daily Trips (ADTs) generated by the project. The project complies with all minimum
development standards of the Carlsbad Municipal Code, including but not limited to the R-3
Zone, Beach Area Overlay Zone, and the Planned Development Ordinance. Furthermore, the project is adequately parked on-site and does not result in any significant environmental
impacts.
6. That the site for the intended use is adequate in size and shape to accommodate the use, in that
as demonstrated in the project staff report, the three-unit residential air-space condominium
project complies with all development standards (i.e. front, side and rear setbacks, lot coverage,
private open space, number of parking spaces, and height restrictions) of the Multiple-Family
Residential (R-3) Zone, the Beach Area Overlay Zone, and the Planned Development Ordinance.
7. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested use to existing or permitted future uses in the neighborhood will be provided and
maintained, in that as demonstrated in the project staff report, the three-unit residential air-
space condominium project complies with the development standards (i.e., front, side and rear
setbacks, lot coverage, private open space, number of parking spaces, and height restrictions)
of the Multiple-Family Residential (R-3) Zone, the Beach Area Overlay Zone, and the Planned
Development Ordinance. A horizontal metal-slat fence is proposed along west and north
property lines (six feet high) and in some front yard areas (3.5 feet high). All proposed fencing
complies with the Zoning Code. Landscaping of the property, including the areas along Garfield
Street and Cherry Avenue, will be provided consistent with the requirements of the city’s
Landscape Manual. Two street trees are proposed to be removed and will be replaced at a 2:1
ratio, either on- or off-site, which is acceptable to the Parks and Recreation Department.
Dec. 4, 2024 Item #3 9 of 88
8. That the street systems serving the proposed use are adequate to properly handle all traffic
generated by the proposed use, in that the three-unit residential air-space condominium project
will take access off both Cherry Avenue and Garfield Street, which are identified as village
streets and designed to adequately handle the 24 ADTs generated by the project. The proposed
project will construct frontage improvements as required to accommodate driveways and
improvements to the pedestrian ramp at the corner of Cherry and Garfield.
Coastal Development Permit (CDP 2024-0016)
9. That the proposed development is in conformance with the Mello II Segment of the Certified
Local Coastal Program (LCP) and all applicable policies, in that the site is designated R-23
Residential (15-23 du/ac) for single-family, two-family, and multi-family residential
development by the Mello II Segment of the LCP. The project consists of the demolition of an
existing single-family residence, duplex, and detached accessory structure, and the construction
of a three-unit residential air-space condominium project on a 0.18-acre in-fill site located at
180 Cherry Ave. The proposed three-unit residential project, at a density of 16.7 du/ac, is
consistent with the R-23 Residential (15-23 du/ac) designation. The proposed three-story units
will not obstruct views of the coastline as seen from public lands or the public right-of-way, nor
otherwise damage the visual beauty of the coastal zone. No agricultural uses currently exist on
the site, nor are there any sensitive resources located on the property. In addition, the proposed
three-unit residential condominium project is not located in an area of known geologic
instability or flood hazards. Since the site does not have frontage along the coastline, no public
opportunities for coastal shoreline access are available from the subject site. Furthermore, the
residentially designated site is not suited for water-oriented recreation activities.
10. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the property is not located adjacent to the shoreline. Therefore, the three-
unit residential air-space condominium project will not interfere with the public’s right to
physical access to the ocean and, furthermore, the residentially designated site is not suited for
water-oriented recreation activities.
11. That the project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(Chapter 21.203 of the Zoning Ordinance) in that the three-unit residential air-space
condominium project will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm
Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP)
to avoid increased urban runoff, pollutants, and soil erosion. No undevelopable steep slopes or
native vegetation is located on the subject property and the previously graded site is not located
in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction.
12. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X of the Land
Use Plan, certified September 1990 and Agricultural Conversion Mitigation Fees are not required
in accordance with the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the
Zoning Ordinance).
13. 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).
Dec. 4, 2024 Item #3 10 of 88
Minor Subdivision (MS 2024-0003)
14. That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable
specific plans, Titles 20 and 21 of the Carlsbad Municipal Code and the State Subdivision Map Act,
and will not cause serious public health problems, in that the three-unit residential air-space
condominium project created through the minor subdivision satisfies all the minimum
requirements of Title 20 and has been designed to comply with other applicable regulations
including the Multiple-Family Residential (R-3) Zone, the Beach Area Overlay Zone, the Planned
Development Ordinance, and the R-23 Residential General Plan Land Use designation.
15. That the proposed project is compatible with the surrounding future land uses since surrounding
properties are designated R-23 Residential for residential development at a density of 15-23
dwelling units per acre. Surrounding properties are also zoned Multiple-Family Residential (R-
3) and are developed with multiple-family residential projects of a similar density or
underdeveloped lots containing one single-family home.
16. That the site is physically suitable for the type and density of the development since the site is
adequate in size and shape to accommodate residential development at the density proposed in
that all required development standards and design criteria required by the Multiple-Family
Residential (R-3) Zone, the Planned Development Ordinance, and the Beach Area Overlay Zone
are incorporated into the three-unit residential air-space condominium project.
17. That the design of the subdivision or the type of improvements will not conflict with easements
of record or easements established by court judgment, or acquired by the public at large, for
access through or use of property within the proposed subdivision, in that the three-unit residential air-space condominium project has been designed and conditioned so that there are
no conflicts with established easements. The applicant is required to construct frontage
improvements as required to accommodate new driveways and construct improvements to the
pedestrian ramp at the corner of Cherry Avenue and Garfield Street.
18. That the property is not subject to a contract entered into pursuant to the Land Conservation Act
of 1965 (Williamson Act).
19. That the design of the subdivision provides, to the extent feasible, for future passive or natural
heating or cooling opportunities in the subdivision, in that the structures are designed to include
balconies and operable windows oriented to maximize exposure of each unit to natural light
and ventilation from nearby coastal breezes.
20. That the Planning Commission has considered, in connection with the housing proposed by this
subdivision, the housing needs of the region, and balanced those housing needs against the public
service needs of the City and available fiscal and environmental resources.
21. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish and wildlife or their habitat, in
that the three-unit residential air-space condominium project site has been previously
developed and is surrounded by existing development.
Dec. 4, 2024 Item #3 11 of 88
22. That the discharge of waste from the subdivision will not result in violation of existing California
Regional Water Quality Control Board requirements, in that the three-unit residential air-space
condominium project will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm
Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP)
to avoid increased urban runoff, pollutants, and soil erosion.
General
23. 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 Dec.
4, 2024, including, but not limited to the following:
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.
24. 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,
25. 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
A. Land Use & Community Design – The three-unit residential air-space condominium project
is consistent with the elements and objectives of the General Plan as discussed in Section
“A” of the project analysis. The project’s density of 21 dwelling units per acre is consistent
with the R-23 Residential (15-23 du/ac) General Plan Land Use designation.
B. Housing – The proposal to demolish three residential units and construct a three-unit
residential condominium project has been conditioned to pay the applicable housing in-lieu
fee for three units if building permits for the project have not been applied for within two
years of demolishing the two existing residential units.
C. Mobility – The proposed project has been designed to meet all circulation requirements,
including vehicular access to and from Cherry Avenue and Garfield Street. In addition, the
applicant will be required to pay any applicable traffic impact fees, prior to issuance of a
building permit, that will go toward future road improvements. The proposed project will
construct frontage improvements as required to accommodate new driveways and
Dec. 4, 2024 Item #3 12 of 88
construct improvements to the pedestrian ramp at the corner of Cherry Avenue and
Garfield Street.
D. Public Safety – The proposed structural improvements will be required to be designed in
conformance with all seismic design standards. In addition, the proposed project is
consistent with all the applicable fire safety requirements including fire sprinklers.
Furthermore, the project has been conditioned to develop and implement a program of
“best management practices” for the elimination and reduction of pollutants which enter
into and/or are transported within storm drainage facilities.
E. Noise – Per the Noise Element of the General Plan and available city data, the project site is
not within an area of elevated noise exposure. The project consists of three residential air-
space condominiums configured as detached one-family dwellings and standard
construction practices and the use of mechanical ventilation will ensure the projects
continued compatibility with the noise environment.
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 Dec.
4, 2024.
26. 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 Planned Development Permit,
Site Development Plan, Coastal Development Permit, and Minor Subdivision.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Planned Development Permit, Site Development Plan, Coastal
Development Permit, and Minor Subdivision documents, as necessary to make them internally
consistent and in conformity with the final action on the project. Development shall occur
Dec. 4, 2024 Item #3 13 of 88
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 §66020. If any such condition
is determined to be invalid, this approval shall be invalid unless the City Council determines that
the project without the condition complies with all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney’s fees incurred by the city arising, directly or indirectly,
from (a) city’s approval and issuance of this Planned Development Permit, Site Development
Plan, Coastal Development Permit, and Minor Subdivision (b) city’s approval or issuance of any
permit or action, whether discretionary or nondiscretionary, in connection with the use
contemplated herein, and (c) Developer/Operator’s installation and operation of the facility
permitted hereby, including without limitation, any and all liabilities arising from the emission by
the facility of electromagnetic fields or other energy waves or emissions. This obligation survives
until all legal proceedings have been concluded and continues even if the city’s approval is not
validated.
6. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Tentative Parcel
Map/Site Plan, conceptual grading plan and preliminary utility plan reflecting the conditions
approved by the final decision-making body. The copy shall be submitted to the City Planner,
reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no
changes were required, the approved exhibits shall fulfill this condition.
7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
8. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
9. This approval shall become null and void if building or grading 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 Parcel Map.
Dec. 4, 2024 Item #3 14 of 88
11. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD
#1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section
5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1
pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the
taxes/fees are not paid, this approval will not be consistent with the General Plan and shall
become void.
12. Prior to the issuance of the grading permit or final parcel 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 Planned Development Permit, Site Development Plan,
Coastal Development Permit, and Minor Subdivision 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 plan
check process on file in the Planning Division and accompanied by the project’s building,
improvement, and grading plans.
15. 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.
16. Developer shall establish a homeowner's association and corresponding covenants, conditions
and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner prior
to final 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
Dec. 4, 2024 Item #3 15 of 88
(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.
Dec. 4, 2024 Item #3 16 of 88
e. Landscape Maintenance Responsibilities: The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit ____________.
f. Balconies, trellis, and decks: The individual lot or unit owner allowances and prohibitions
regarding balconies, trellis, and decks shall be as set forth in Exhibit __________.
17. Prior to 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.
18. At issuance of building permits, or prior to the approval of a final parcel map, the Developer shall
pay to the city any applicable inclusionary housing in lieu fees. The proposal to demolish a single-
family residence and duplex, followed by the construction of a three-unit residential
condominium project does not require the payment of inclusionary housing in lieu fees. However,
if building permits for the three-unit project have not been applied for within two years of
demolishing the existing duplex, inclusionary housing in lieu fees shall apply.
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 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.
21. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the City
Planner, inside each unit until sold. All sales maps that are distributed or made available to the
public shall include but not be limited to information on trails, future and existing schools, parks,
and streets.
22. Developer shall post a sign 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 the
individual unit is sold.
23. 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.
24. 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.
Dec. 4, 2024 Item #3 17 of 88
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. The removal of any street trees will require replacement at a 2:1 ratio, either on-site or off-site,
to the satisfaction of the Parks & Recreation Department and the City Planner.
Engineering:
General
27. Prior to hauling dirt or construction materials to or from any proposed construction site within
this project, developer shall apply for and obtain approval from, the city engineer for the proposed
haul route.
28. This project is approved upon the express condition that building permits will not be issued for
the development of the subject property, unless the district engineer has determined that
adequate water and sewer facilities are available at the time of permit issuance and will continue
to be available until time of occupancy.
29. Developer shall submit to the city engineer an acceptable instrument, via CC&Rs and/or other
recorded document, addressing the maintenance, repair, and replacement of shared private
improvements within this subdivision, including but not limited to private storm drain and trash
capture 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 TCSWQMP. The annual verification shall be submitted to the enforcement official in a format as
Dec. 4, 2024 Item #3 18 of 88
approved by the city prior to the start of the rainy season.
30. Developer shall include rain gutters on the building plans subject to the city engineer’s review and
approval. Developer shall install rain gutters in accordance with said plans.
31. Developer shall prepare, submit and process for city engineer approval a parcel map to subdivide
this project. There shall be one Parcel Map recorded for this project. Developer shall pay the city
standard map review plan check fees.
32. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover, etc.)
and irrigation along the parkway frontage with Cherry Avenue and Garfield Street as shown on
the Tentative Map/Site Plan.
Fees/Agreements
33. 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.
34. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city’s standard form Drainage Hold Harmless Agreement.
35. 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.
36. 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
37. 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.
38. 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
Dec. 4, 2024 Item #3 19 of 88
39. 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.
40. 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.
41. This project is subject to Trash Capture requirements. Developer shall prepare and process a
Trash Capture Storm Water Quality Management Plan (TCSWQMP), subject to city engineer
approval, to comply with the Carlsbad BMP Design Manual latest version. The final TCSWQMP
required by this condition shall be reviewed and approved by the city engineer with final grading
plans and/or building plans, whichever occurs first. Developer shall pay all applicable SWQMP
plan review and inspection fees per the city’s latest fee schedule.
42. 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.
43. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form.
Developer is responsible to ensure that all final design plans, grading plans, and building plans
incorporate applicable best management practices (BMPs). These BMPs include site design,
source control and Low Impact Design (LID) measures including, but not limited to, minimizing
the use of impervious area (paving), routing run-off from impervious area to pervious/landscape
areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or
signage all to the satisfaction of the city engineer.
Dedications/Improvements
44. 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.
45. 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.
46. 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
Dec. 4, 2024 Item #3 20 of 88
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. Driveways
B. Sewer Main
C. Sewer Services
D. Water Services, Meters and Backflows
E. Pedestrian Ramp and Sidewalk
F. Storm Drain Outlet
G. 3” AC Grind and Overlay
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.
47. 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.
48. Developer is responsible to ensure utility transformers or raised water backflow preventers that
serve this development are located outside the right-of-way as shown on the tentative map and
to the satisfaction of the city engineer. These facilities shall be constructed within the property.
Non-Mapping Notes
49. 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) Driveways
2) Sewer Main
3) Sewer Services
4) Water Services, Meters and Backflows
5) Pedestrian Ramp and Sidewalk
6) Storm Drain Outlet
7) 3” AC Grind and Overlay
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. The owner of this property on behalf of itself and all of its successors in interest has agreed
Dec. 4, 2024 Item #3 21 of 88
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.
D.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
50.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
51.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.
52.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.
53.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.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
54.Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the
City of Carlsbad Municipal Code to the satisfaction of the city engineer.
55.Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor
area contained in the staff report and shown on the tentative map are for planning purposes only.
56.Subdivider shall comply with Section 20.16.040(D) of the Carlsbad Municipal Code regarding the
undergrounding of existing overhead utilities.
Dec. 4, 2024 Item #3 22 of 88
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad
Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning
Commission’s decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the
appeal must be in writing and state the reason(s) for the appeal. The City Council must make a
determination on the appeal prior to any judicial review.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section 66020(a),
and file the protest and any other required information with the City Manager for processing in
accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will
bar any subsequent legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES
NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or
other similar application processing or service fees in connection with this project; NOR DOES IT APPLY
to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the
statute of limitations has previously otherwise expired.
NOTICE TO APPLICANT
Dec. 4, 2024 Item #3 23 of 88
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's
decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in
writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal
prior to any judicial review.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest
them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the
protest and any other required information with the City Manager for processing in accordance with
Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent
legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of
Carlsbad, California, held on Dec. 4, 2024, by the following vote, to wit:
AYES: Kamenjarin, Meenes, Merz, Stine
NAYES: Lafferty
ABSENT: Danna, Hubinger
ABSTAIN:
WILLIAM'J<AMENRiN:chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
/1ArJ3
MIKE STRONG
Assistant Director of Community Development
Dec.4,2024 llt em ff3 24 of 88
PACIFIC OCEAN
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PUD 2024-0002/SDP 2024-0013/CDP 2024-0016/MS 2024-0003
Cherry Beach Homes
SITE MAP
J
SITE
Map generated on: 10/21/2024
Exhibit 2
Dec. 4, 2024 Item #3 25 of 88
DocuSign Envelope ID: 35B2559F-2E02-4281-A9DF-82D9408 E94C5
{'city of·carlsbad AUTHORIATION, CONSENT, AND
DISCLOSURE STATEMENT
Development Services
Planning Division
1635 Faraday Avenue 442-339-2600 www.carlsbadca.gov P-1(A)
r I I 2 202/,
[ifil APPLICATION AND ACKNOWLEDGEMENT INFORMATION
This submittal form (Part A through Part F} must be completed as part of your application with the City
of Carlsbad. Your project cannot be reviewed until this information is completed.
PART A. Owner Authorization and Consent
NOTE: This Consent and Disclosure Form must list the name of the principal owners (10% or greater) and
attach a copy of the current corporate articles, partnership agreement, or trust document, as applicable.
Provide name(s) of the person(s) authorized to sign on behalf of the organization. (A separate page may
be attached if necessary.) IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE IND/CA TE
NOT-APPLICABLE (N/A) IN THE SPACE BELOW.
This is to certify under penalty of perjury that the undersigned is/are the record owner{s) of the
property known as:
Assessor's Map Book, Page and Parcel (APN/APNs): _______ A_PN_20_4_-2_31_-0_5_-o_o _____ _
LO T 'E' IN BLOCK 1 OF PALISADES HEI GHTS , CAR LSBAD, CA, M AP 1077 ; and
Street Address (if applicable): _______ 1 a_o_c_H_E_RR_Y_A_V_E_C_A_R _L S_B_A_D,_C_A_9_2o_o_a ______ _
that I/we (full legal name of all record owners) consent to the filing of the Land Use Review Application
on our property for processing by the City of Carlsbad Planning Division. I/We declare under penalty of
perjury that I/we have reviewed this Affidavit and the information is true and correct.
Name: ---�==�R_R_E_G _IN_V_E_s_TM_E_N_T_s_s_ER_I _Es_LL_c_s_E_R _IE_s_10_4e ______ _[Ooc11S1gned by:
Signature: f:"-�,0)� A359FD659CFD484 ... Kevin Patrick Dunn Name: __________________________ _
Signature: _________________________ _
Name: __________________________ _
Signature: _________________________ _
(For additional names, please use a separate sheet of paper)
Page 1 of 6 P-1(A) Form Rev 6/2023
Exhibit 3
Dec. 4, 2024 Item #3 26 of 88
DocuSiyn Envelope ID: 3582559 F-2E02 -4281-A9DF-82D9408 E94C5
IMPORTANT: A Grant Deed is required if the ownership does not match city records. Ownership on the
deed must correspond exactly with the ownership listed. If the owner noted on the Grant Deed does not
match the person signing as Property Owner, provide paperwork documenting the person signing is
authorized to sign as a Property Owner.
Whenever any excavation, fill, or other project-related improvement requires entry onto adjacent
property for any reason, the Land Use Review Application shall include the written consent or legal
easements or other property rights of the adjacent property owner or their authorized representative,
and shall include such consent with the application package. The application will not be deemed
complete unless and until all necessary consent documents are so filed. The consent shall be in a form
acceptable to the City Planner. If the proposed improvements on the adjacent property change the
nature of the property's development rights (or implied bundle of rights), the city might require
recordation of a Covenant and Agreement for Offsite Improvements and Release of Liability as a
condition of project approval.
Does the project's limits of disturbance encroach on property not owned by the Property Owner?
□Yes IZI No If yes, attach adjacent owner authorization.
PART B. Owner Declarations (to be signed by Property Owner)
I/We hereby certify under penalty of perjury that I have read the information below and that:
1.I/We understand that it is the responsibility of the Applicant to substantiate the request through
the requirements of the application.
2.I/We understand that if there is a zoning violation on the property, application review may be
delayed. Any unpermitted structures or uses must either be removed or legalized at part of this
application.
3.I/We understand that if this application is approved, I/we may be required to record a covenant
with the County Recorder's Office, the form and content that is satisfactory to the City and its
City Attorney, to notify future owners of the project approval and restrictions.
4.If this Land Use Review Application is approved or conditionally approved, I/we hereby certify
that I/we will comply with all conditions attached to the approval action. I/We understand that
the failure to comply with any conditions shall constitute grounds for the revocation or
modification of the approval, permit, or other authorizations provided.
5.Prior to any use of the project site pursuant to the permit issued, all conditions of approval (if
any) will be completed or s
[
111ocG;�etiBy? manner as stated or required.
Property Owner Signature(s): � fc:-.. /4;)'--_,,,_�AJ�s�gF=os=ss=c-Fu=4s=4_-__ -�-----------------
Name(s): ___ KE_v_1_N_o_u_N_N_F_o_R _R_R_E_G_1n_v_es_1m_e_n_1s_s_e _rie_s_L_L_c_s_e _rie_s _10_4 _6 __ Date: ____ 41 _22_12_4 __ _
Page 2 of 6 P-1 (A) Form Rev 6/2023Dec. 4, 2024 Item #3 27 of 88
Dec. 4, 2024 Item #3 28 of 88
DocuSign Envelope ID: 3582559F-2E02-4281-A9DF-82D9408E94C5
PART C. Project Team Information (complete all applicable fields)
Applicant: IXI Same as Owner □ Different from Owner
Name (if different from Owner): --------------------------
Company or Firm: ______________________________ _
Contact Address: -------------------------------
City: ____________ State: ____________ Zip Code: _____ _
Agent or Representative: □ Same as Applicant [Z] Different from Applicant ON/A
Name (if different from Applicant): __________ P_A_T_RI_C_K_K_O_R_N_M_A_N ________ _
Company or Firm: ___________ S_T_E_PH_E_N_DA_L_T_O_N_A_R_C_H_IT_E_C_Ts __________ _
Contact Address: ___________ 4_4_4_S_O_UT_H_C_ED_R_O_S_A_V_E_#_1_85 __________ _
City: ____ s_o_L_A_N_A_B_E_A_CH ____ State: ______ CA ______ Zip Code: __ 9_2_07_5 __
Other (specify Architect, Engineer, CEQA Consultant, etc.): _______________ _
Name: PATRICK KORNMAN ----------------------------------
Company or Firm: ___________ s_T_E_P_H_EN_D_A_LT_O_N_A_R_C_H_IT_E_C_T_S _________ _
Contact Address: 444 SOUTH CEDROS AVE #185 -------------------------------
City: ____ s_o_LA_N_A_B_E_A_CH ____ State: ______ CA ______ Zip Code: __ 9_2_07_5 __
NOTE: A Letter of Authorization {LOA} from the Property Owner empowering a person or persons to act
on the behalf of the Property, is required if anyone other than the Property Owner signs the Land Use
Review Application as the Applicant or Agent. The authorized person (Applicant or Agent) on the LOA
must correspond with the name and signature, above.
PART D. Single "Point of Contact" Designation
A single "point of contact" is an individual that handles all communications with the city and its review
team for the purposes of sending and receiving application materials, information, reports, etc. The
point of contact is to be the single individual elected on the Land Use Review Application form for all
communications and to remain as the primary contact for all status updates relating to the Land Use
Review Application.
Single Point of Contact: □ Applicant □ Property Owner IZl Agent □ Other ________ _
Page 3 of 6
P-1(A) Form Rev 6/2023
Dec. 4, 2024 Item #3 29 of 88
DocuSign Envelope ID: 35B2559F-2E02-4281 -A9DF-82D9408E94C5
PART E. Contribution Disclosure
Has the Property Owner, Applicant, or Agent had more than $900 worth of business transacted with any
member of city staff, Boards, Commissions, Committees and/or Council within the past 12 months?
□ Yes IZI No If yes, indicate person(s): ___________________ _
NOTE: Attach additional sheets if necessary.
PART F. Applicant Declarations (to be signed by Applicant)
I hereby certify under penalty of perjury that I have read the information below and that:
1. I have carefully reviewed and prepared the application and plans in accordance with the
instructions.
2. I understand that the specific information needed to initiate planning case processing
corresponds to those items listed in the application form's "Minimum Submittal Intake
Requirements Checklist." I also understand that even if the application is duly filed and
accepted for intake processing, each application submitted to the Planning Division is
required to have specified information included in the application packet before it is
determined to be complete. The specific information to determine completeness is in
"Completeness Determination Requirements Checklist."
3. The Planning Division has developed policies to help ensure that discretionary permit
applications are timely processed. The Permit Streamlining Act shot clock starts on the intake
date the Planning staff accepts a duly filed application.
4. I understand that once an application is determined to be complete, project or design changes
that will increase the number of units, add uses that were not previously listed, substantially
change the site plan, or other changes that trigger the need for additional discretionary
approvals will require a new application, or the filing of other application permit types, which
would restart the review "clock" and extend processing timelines.
5. I understand that upon city review, additional information, documents, reports, entitlements
and fees might be required, including any referral fees. I understand that all fees and deposits
submitted with this application will be refunded only as provided for by the ordinances,
regulations, or policies in effect at the time of the application submittal.
6. I understand that it is my responsibility to ensure that statements are true, that discrepancies do
not exist between the project's description on the application, the architectural plans and the
structural plans. If discrepancies exist between the architectural plans and the structural plans,
the architectural plans shall take precedence. Ultimately, the scope of work, as described on the
permit that authorizes construction, takes precedence over the plans. If there is a discrepancy
between the plans and the description on the permit, the permit governs.
Page 4 of 6
P-1(A) Form Rev 6/2023
Dec. 4, 2024 Item #3 30 of 88
DocuSi9n Envelope ID: 3582559F-2E02-4281-A9DF-82D9408E94C5
7. I understand that all materials submitted in connection with this application might become
public record subject to inspection and copying by the public. I acknowledge and understand
that the public might inspect and copy these materials and that some or all of the materials
might be posted on the city website or elsewhere online, outside of the city's control.
8. I understand there are no assurances at any time, implicitly or otherwise, whether provided to
me in writing or by oral communications regarding final staff recommendations to the decision-
making body about this application or the determination of any decision-making body.
9. If the project is approved or conditionally approved, the approved plan set of project drawings,
civil plans/grading, sections, site plans, floor plans, architectural elevations, and landscape plans
shall not be altered without express authorization by the City Planner. Once a permit has been
issued, the Applicant may request permit modifications. "Minor" modifications might be granted
if found by the City Planner to be in substantial conformity with the approved plan set, including
all exhibits and permit conditions. Modifications beyond the scope described in the approved
plan set might require submittal of an amendment to the permit and approval by the authorized
review body.
10. Should any proponent of the project fail to file a timely and valid appeal of the permit within the
applicable appeal period, such inaction shall be deemed to constitute acceptance of the permit
by the Applicant; and agreement by the Applicant to be bound by, to comply with, and to do all
things required of or by the Applicant pursuant to all of the terms, provisions, and conditions of
the issued permit or other approval.
11. As part of this application, the Applicant hereby agrees to defend, indemnify, and hold harmless
the City of Carlsbad, its Council, boards and commissions, officers, employees, volunteers, and
agents from any claim, action, or proceeding against the City of Carlsbad, its Council, boards and
commissions, officers, employees, volunteers and agents, to attack, set aside, void or annul an
approval of the application or related decision, including environmental documents, or to
challenge a denial of the application or related decisions. This indemnification shall include, but
not be limited to, damages awarded against the city, if any, costs of suit, attorneys' fees, and
other expenses incurred in connection with such claim, action, causes of action, suit or
proceeding whether incurred by Applicant, city, and/or the parties initiating or bringing such
proceeding. The Applicant shall indemnify the city for all of the city's costs, attorneys' fees, and
damages that the city incurs in enforcing the indemnification provisions set forth herein. The
Applicant shall pay to the city upon demand any amount owed to the city pursuant to the
indemnification requirements prescribed.
Page 5 of 6
P-1(A) Form Rev 6/2023
Dec. 4, 2024 Item #3 31 of 88
DocuSi'gn Envelope ID: 35B2559F-2E02-4281-A9DF-82D9408E94C5
By signing below, I hereby agree to defend, indemnify and hold harmless the city and I certify that the
application I am submitting, including all additional required information, is complete and accurate to
the best of my knowledge. I understand that any misstatement or omission of the requested
information or of any information subsequently requested might be grounds for rejecting the
application, deeming the application incomplete, denying the application, suspending or revoking a
permit issued on the basis of these or subsequent representations, or for the seeking of such other and
further relief as deemed brm<4i:ttJt,eofy(arlsbad .•
Applicant Signature: J_----fc':_-_.,_Q-=--_'---__________________ _
Na me: ___ K_EV_I_N_D_U_N_N_F_O_R_R_R_E_G_ln_ve_s_tm_e_n_ts_s_e_ri_es_L_L_c_s_e_rie_s_l_04_6 ___ Date: ___ 4_1_22_12_4 __ _
This form must be stapled/attached to the application and shall be effective until replaced or
revoked in writing.
Page 6 of 6
P-1(A) Form Rev 6/2023
Exhibit 4
PROJECT ANALYSIS
The project is subject to the following regulations:
A.General Plan (Residential 23) Land Use Designation
B.Multiple-Family Residential (R-3) Zone, Planned Development Regulations and Beach Area Overlay
Zone (BAOZ) (CMC Chapter 21.16, 21.45, 21.82)
C.Local Coastal Program (Mello II Segment)
D.Tentative Tract Map (Title 20)
E.Inclusionary Housing Ordinance (Chapter 21.85)
F.Growth Management Ordinance (CMC Chapter 21.90) and Local Facilities Management Plan Zone 1
The recommendation for approval of this project was developed by analyzing the project’s consistency
with the applicable regulations and policies. The project’s compliance with each of the above regulations
is discussed in detail within the sections below.
A.R-23 Residential General Plan Land Use Designation and Density Bonus Ordinance (CMC Chapter
21.86)
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 0.18-acres the land use designation of R-23 allows a density of 3 to 4 units on the site. Table A below
identifies the permissible density range for properties located within the R-23 General Plan Land Use
designation.
TABLE A – PROPOSED DENSITY
Gross Acres Net Acres
Allowable Density Range;
Min/Max Dwelling Units per
R-23 Designation
Project Density;
Proposed Dwelling Units
0.18 0.18 15-23 du/ac
Minimum: 3 dwelling units
Maximum: 4 dwelling units
16.8 du/ac
3 dwelling units
General Plan Compliance
In addition to the above, the project also complies with the other Elements of the General Plan as
outlined in Table “B” below:
TABLE B – GENERAL PLAN COMPLIANCE
Element Use, Classification, Goal, Objective,
or Program Proposed Uses & Improvements Comply?
Land Use Goal 2-G.3
Promote infill development that
makes efficient use of limited land
The proposed three-unit residential
infill development makes efficient use
of the existing lot in that it increases
Yes
Dec. 4, 2024 Item #3 32 of 88
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
Page 2
Element Use, Classification, Goal, Objective,
or Program Proposed Uses & Improvements Comply?
supply, while ensuring compatibility
and integration with existing
uses. Ensure that infill properties
develop with uses and development
intensities supporting a cohesive
development pattern.
Policy 2-P.7
Do not permit residential
development below the minimum of
the density range except in certain
circumstances.
the number of units from two to
three. A three-unit development is
compatible with the surrounding
development.
The three-unit residential project
density of 16.8 du/ac is above the
minimum R-23 Residential density
range of 15 dwelling units per acre.
Mobility Policy 3-P.5
Require developers to construct or
pay their fair share toward
improvements for all travel modes
consistent with the Mobility
Element, the Growth Management
Plan, and specific impacts associated
with their development.
The proposed project has been
designed to meet all circulation
requirements, including vehicular
access to and from Cherry Avenue and
Garfield Street. In addition, the
applicant will be required to pay any
applicable traffic impact fees, prior to
issuance of a building permit, that will
go toward future road improvements.
The proposed project includes the
improvement of the pedestrian ramp
at the corner of Cherry Avenue and
Garfield Street.
Yes
Noise Goal 5-G.2
Ensure that new development is
compatible with the noise
environment, by continuing to use
potential noise exposure as a
criterion in land use planning.
Per the Noise Element of the General
Plan and available city data, the
project site is not within an area of
elevated noise exposure. The project
consists of three residential air-space
condominiums configured as detached
one-family dwellings and standard
construction practices and the use of
mechanical ventilation will ensure the
Yes
Dec. 4, 2024 Item #3 33 of 88
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
Page 3
Element Use, Classification, Goal, Objective,
or Program Proposed Uses & Improvements Comply?
projects continued compatibility with
the noise environment.
Housing Program 2.1
For all residential projects of fewer
than seven units, payment of a fee
in lieu of inclusionary units is
permitted.
The project is conditioned to pay an in
in-lieu fee on a per unit basis for one
unit if building permits for the project
are applied for within two years of
demolishing the existing duplex on-
site. Otherwise, the project shall pay
in-lieu fees for all three units.
Yes
Public Safety Goal 6-G.1
Minimize injury, loss of life, and
damage to property resulting from
fire, flood, hazardous material
release, or seismic disasters.
Policy 6-P.6
Enforce the requirements of Titles
18, 20, and 21 pertaining to
drainage and flood control when
reviewing applications for building
permits and subdivisions.
Policy 6-P.34
Enforce the Uniform Building and
Fire codes, adopted by the city, to
provide fire protection standards for
all existing and proposed structures.
Policy 6-P.39
Ensure all new development
complies with all applicable
regulations regarding the provision
of public utilities and facilities.
The proposed structural
improvements will be required to be
designed in conformance with all
seismic design standards. In addition,
the proposed project is consistent
with all the applicable fire safety
requirements including fire sprinklers.
Furthermore, the project has been
conditioned to develop and
implement a program of “best
management practices” for the
elimination and reduction of
pollutants which enter into and/or are
transported within storm drainage
facilities.
Yes
Dec. 4, 2024 Item #3 34 of 88
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
Page 4
B. Multiple-Family Residential (R-3) Zone, Planned Development Regulations and Beach Area
Overlay Zone (BAOZ) (CMC Chapter 21.16, 21.45, 21.82)
The proposed project is required to comply with all applicable land use and development standards of the
Carlsbad Municipal Code (CMC) including the Multiple-Family Residential (R-3) Zone (CMC Chapter 21.16),
Planned Developments (CMC Chapter 21.45), and the Beach Area Overlay Zone (BAOZ) (CMC Chapter
21.82). Table “C” below shows how the project complies with the applicable requirements of the R-3 zone
and Planned Development standards. Please refer to Exhibit No. 5 for an analysis of the project’s
compliance with Tables C and E of the Planned Development regulations
TABLE C – R-3 ZONE DEVELOPMENT STANDARDS
STANDARD REQUIRED/ALLOWED PROPOSED
Street Setback (Structure) 10 feet minimum* 10 feet
Street Setback (Garage) 20 feet minimum* 20 feet
Side Yard Setback 6 feet minimum 6 feet
Rear Yard Setback 12 feet minimum 12 feet
Building Height See Table “D” 30 feet
Lot Coverage 60 percent 42 percent
Building Separation 10 feet* 10 feet
Parking Two-car garages Two-car garages
*12.45.080, Planned Development Standards (Table E)
The project is required to comply with the development standards of the Beach Area Overlay (BAO) zone.
The proposed project meets all applicable requirements of the BAO zone as demonstrated in Table B
below. CMC Section 21.82.040 requires that a Site Development Plan be approved in order for any building
Element Use, Classification, Goal, Objective,
or Program Proposed Uses & Improvements Comply?
Sustainability Policy 9-P.1 – Enforce the Climate
Action Plan (CAP) as the city’s
strategy to reduce greenhouse gas
emissions.
The new dwelling unit will employ a
photovoltaic system, heat pump water
heater, and one electric vehicle
service equipment (EVSE) ready
parking space in accordance with the
CAP.
Yes
Dec. 4, 2024 Item #3 35 of 88
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
Page 5
permits or other entitlements to be issued for any use in the BAO zone. For Planned Development this
requirement only applies to projects of four or fewer units, such as this project.
TABLE D – BAO ZONE DEVELOPMENT STANDARDS
STANDARD REQUIRED/ALLOWED PROPOSED
Building Height 30 feet for roof pitch ≥3:12 30 feet (w/ ≥3:12 pitched roof)
Visitor Parking 0.30 space per unit – one space Driveways for each unit fulfill
visitor requirement (21.82.060 (C))
C. Coastal Development Regulations for the Mello II Segment of the Local Coastal Program (CMC
21.201) and the Coastal Resource Protection Overlay Zone (CMC 21.203)
1. Mello II Segment of the Certified Local Coastal Program and all applicable policies
The proposed site is in the Mello II Segment of the Local Coastal Program (LCP) and is not 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 “A” and “B” above.
The project consists of the demolition of two existing residential structures and an accessory
structure and the construction of a three-unit condominium project consisting of three detached,
one-family dwellings on one lot. The proposed project is compatible with the surrounding
development of single-family and 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 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.
Dec. 4, 2024 Item #3 36 of 88
PROJECT ANALYSIS
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
Page 6
D. Subdivision Ordinance (Title 20)
The Land Development Engineering Division has reviewed the proposed Minor 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 Minor Subdivisions. The subdivision is considered minor
because it involves the division of land into four or fewer condominiums (three air-space condominiums
proposed). The proposed project will construct frontage improvements as required to accommodate
new driveways and improvements to the pedestrian ramp at the corner of Cherry Avenue and Garfield
Street. The project has been conditioned to install all infrastructure-related improvements and any
necessary easements for these improvements concurrent with the development.
E. Inclusionary Housing Ordinance (CMC Chapter 21.85)
For all residential development less than seven units, the inclusionary housing requirement may be
satisfied through the payment of an inclusionary housing in-lieu fee. However, pursuant to Carlsbad
Municipal Code Section 21.85.030D.3, the construction of a new residential structure which replaces a
residential structure that was destroyed or demolished within two years prior to the application for a
building permit for the new residential structure is exempt from affordable housing requirements. The
proposal to demolish two residential units and construct a three-unit residential condominium project
has been conditioned to pay the applicable housing in-lieu fee for one unit, or three units if building
permits for the project have not been applied for within two years of demolishing the two existing
residential units.
F. Growth Management
The proposed project is located within Local Facilities Management Zone 1 in the northwest quadrant of
the city. There will be no impact to public facilities because the proposed three-unit development is
replacing three existing units on site.
Dec. 4, 2024 Item #3 37 of 88
Exhibit 5
PLANNED DEVELOPMENTS (CMC SECTION 21.45.060)
TABLE C: GENERAL DEVELOPMENT STANDARDS
APPLICABLE TO ALL PLANNED DEVELOPMENTS
REF.
NO. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT
C.1 Density
Per the underlying General Plan designation. When two or more general
plan land use designations exist within a planned development, the
density may be transferred from one general plan designation to another
with a general plan amendment.
N/A
C.2 Arterial
Setbacks
All dwelling units adjacent to any arterial road shown on the Circulation
Element of the General Plan shall maintain the following minimum
setbacks from the right-of-way:
Prime Arterial 50 Feet
Major Arterial 40 Feet
Secondary Arterial 30 Feet
Carlsbad Boulevard 20 Feet
N/A
Half (50%) of the required arterial setback area located closest to the
arterial shall be fully landscaped to enhance the street scene and buffer
homes from traffic on adjacent arterials, and:
• Shall contain a minimum of one 24” box tree for every 30 lineal
feet of street frontage; and
• Shall be commonly owned and maintained
N/A
Project perimeter walls greater than 42 inches in height shall not be
located in the required landscaped portion of the arterial setback, except
noise attenuation walls that:
• Are required by a noise study, and
• Due to topography, are necessary to be placed within the required
landscaped portion of the arterial setback.
N/A
C.3
Permitted
Intrusions
into
Setbacks/
Building
Separation
Permitted intrusions into required building setbacks shall be the same as
specified in Section 21.46.120 of this code. The same intrusions specified
in Section 21.46.120 shall be permitted into required building separation.
All balconies, overhangs, and
architectural projections comply
with the maximum two-foot
allowance per CMC Section
21.46.120.
C.4 Streets
Private
Minimum right-of-way width 56 feet
N/A
Minimum curb-to-curb width 34 feet
Minimum parkway width
(curb adjacent) 5.5 feet, including curb
Minimum sidewalk width 5 feet (setback 6 inches from
property line)
Public
Minimum right-of-way width 60 feet
N/A
Minimum curb-to-curb width 34 feet
Minimum parkway width
(curb adjacent) 7.5 feet, including curb
Minimum sidewalk width 5 feet (setback 6 inches from
property line)
Street
Trees
within
parkways
One-family dwellings and
twin homes on small-lots
A minimum of one street tree
(24-inch box) per lot is required
to be planted in the parkway
along all streets.
N/A
Condominium projects
Street trees shall be spaced no
further apart than 30 feet on
center within the parkway.
All required city street trees are
existing and will be protected in
place.
Dec. 4, 2024 Item #3 38 of 88
Tree species should be selected to create a unified image for
the street, provide an effective canopy, avoid sidewalk damage
and minimize water consumption.
All required city street trees are
existing and will be protected in
place.
C.5 Drive-aisles
3 or fewer
dwelling
units
Minimum 12 feet wide when the drive-aisle is not required for
emergency vehicle access, as determined by the Fire Chief.
N/A. A minimum 16-foot-wide
driveway is proposed for each unit.
If the drive-aisle is required for
emergency vehicle access, it
shall be a minimum of 20 feet wide.
If the drive-aisle is required for emergency vehicle access, it
shall be a minimum of 20 feet wide.
4 or more
dwelling
units
Minimum 20 feet wide. N/A. See above/
All
projects
No parking shall be permitted within the minimum required
width of a drive-aisle.
N/A. Private drive aisle is not
proposed. Each unit has a two-car
garage setback from the street a
minimum of 20 feet
A minimum 24-foot vehicle back-up/maneuvering area shall be
provided in front of garages, carports or uncovered parking
spaces (this may include driveway area, drive-aisles, and
streets).
N/A. Private drive aisle is not
proposed.
Additional width may be required for vehicle/emergency
vehicle maneuvering area.
Fire Prevention has reviewed and
approved of the proposed design.
Parkways and/or sidewalks may be required. N/A
No more than 24 dwelling units shall be located along a single-
entry drive-aisle. N/A
All drive-aisles shall be enhanced with decorative pavement. N/A
C.6
Number of
Visitor
Parking
Spaces
Required (1)
Projects with 10 units or fewer A .30 space per each unit. Project proposes three units. At 0.3
spaces per unit, the three-unit
project requires 0.9 spaces, or one
visitor space based on rounding up
to the nearest whole number. The
project provides six visitor parking
spaces on-site (two per driveway).
Projects 11 units or more A .25 space per each unit.
When calculating the required number of visitor parking spaces, if the
calculation results in a fractional parking space, the required number of
visitor parking spaces shall always be rounded up to the nearest whole
number.
C.7
Location of
Visitor
Parking
On
Private/ Public
Streets
On-street visitor parking is permitted on private/public streets,
subject to the following:
• The private/public street is a minimum 34-feet wide (curb-
to-curb)
• There are no restrictions that would prohibit on-street
parking where the visitor parking is proposed
• The visitor parking spaces may be located:
o Along one or both sides of any private/public street(s)
located within the project boundary, and
o Along the abutting side and portion of any existing
public/private street(s) that is contiguous to the project
boundary
No required visitor parking is
provided on the street since it is
not permitted pursuant to the
Beach Area Overlay Zone (BAOZ).
In parking bays along public/private streets within the project
boundary, provided the parking bays are outside the minimum
required street right-of-way width.
N/A
When visitor parking is provided as on-street parallel parking,
not less than 24 lineal feet per space, exclusive of
driveway/drive-aisle entrances and aprons, shall be provided
for each parking space, except where parallel parking spaces
are located immediately adjacent to driveway/drive-aisle
aprons, then 20 lineal feet may be provided.
N/A
Dec. 4, 2024 Item #3 39 of 88
Within the Beach Area Overlay Zone, on-street parking shall not
count toward meeting the visitor parking requirement.
No on-street visitor parking is
proposed.
On Drive-
aisles
Visitor parking must be provided in parking bays that are
located outside the required minimum drive-aisle width.
Project is located within the BAOZ.
All required visitor parking is being
provided on-site outside of the
required drive-aisle.
On a
Driveway
Outside
the Beach
Area
Overlay
Zone
One required visitor parking space may be credited
for each driveway in a project that has a depth of
40 feet or more.
N/A
For projects with 10 or fewer units, all required
visitor parking may be located within driveways
(located in front of a unit’s garage), provided that
all dwelling units in the project have driveways with
a depth of 20 feet or more.
N/A
Within
the Beach
Area
Overlay Zone
One required visitor parking space may be credited
for each driveway in a project that has a depth of
40 feet or more.
N/A. Driveways are setback 20 feet
from streets.
If the streets within and/or adjacent to the project
allow for on-street parking on both sides of the
street, then visitor parking may be located in a
driveway, subject to the following:
• All required visitor parking may be located
within driveways (located in front of a unit’s
garage), provided that all dwelling units in the
project have driveways with a depth of 20 feet
or more.
• If less than 100% of the driveways in a project
have a depth of 20 feet or more, then a .25
visitor parking space will be credited for each
driveway in a project that has a depth of 20 feet
or more (calculations resulting in a fractional
parking space credit shall always be rounded
down to the nearest whole number).
Cherry Avenue and Garfield Street
allows for parking on both sides of
the street. In addition, each of the
proposed garages have a driveway
with a minimum depth of 20 feet.
Therefore, the requirement for one
visitor parking stall for the three-unit project can be satisfied onsite.
All
projects
The minimum driveway depth required for visitor
parking (20 feet or 40 feet) applies to driveways for
front or side-loaded garages, and is measured from
the property line, back of sidewalk, or from the
edge of the drive-aisle, whichever is closest to the
structure.
See above.
Compact
Parking
For projects of more than 25 units, up to 25% of visitor parking
may be provided as compact spaces (8 feet by 15 feet). No
overhang is permitted into any required setback area or over
sidewalks less than 6 feet wide.
N/A
For all projects within the Beach Area Overlay Zone, up to 55%
of the visitor parking may be provided as compact spaces (8
feet by 15 feet).
N/A
Distance
from unit
Visitor parking spaces must be located no more than 300 feet as measured in a logical walking path from the entrance of the
unit it could be considered to serve.
The visitor parking stall is
located in the driveway for
each unit and is less than
300 feet from the unit.
C.8
Screening
of Parking
Areas
Open parking areas should be screened from adjacent residences and
public rights-of-way by either a view-obscuring wall, landscaped berm, or
landscaping, except parking located within a driveway.
N/A. The required visitor
parking space is located in
the driveway in front of the
unit.
Dec. 4, 2024 Item #3 40 of 88
C.9
Community
Recreational
Space (1)
Community recreational space shall be provided for all projects of 11 or
more dwelling units, as follows:
N/A Minimum community recreational space
required
Project is NOT within
R-23 general plan
designation
200 square feet per unit
Project IS within R-23
general plan
designation
150 square feet per unit
Projects with 11 to
25 dwelling units
Community recreational space shall be provided as
either (or both) passive or active recreation
facilities.
N/A
Projects with 26 or more dwelling units
Community recreational space shall be provided as
both passive and active recreational facilities with a minimum of 75% of the area allocated for active
facilities.
N/A
Projects with 50 or
more dwelling units
Community recreational space shall be provided as
both passive and active recreational facilities for a
variety of age groups (a minimum of 75% of the
area allocated for active facilities).
N/A
For projects consisting of one-family dwellings or
twin homes on small-lots, at least 25% of the
community recreation space must be provided as
pocket parks.
• Pocket park lots must have a minimum width of
50 feet and be located at strategic locations
such as street intersections (especially “T-
intersections”) and where open space vistas
may be achieved.
N/A
All projects
(with 11 or more
dwelling units)
Community recreational space shall be located and
designed so as to be functional, usable, and easily
accessible from the units it is intended to serve.
N/A
Credit for indoor recreation facilities shall not
exceed 25% of the required community recreation
area.
N/A
Required community recreation areas shall not be
located in any required front yard and may not
include any streets, drive-aisles, driveways, parking
areas, storage areas, slopes of 5% or greater, or
walkways (except those walkways that are clearly
integral to the design of the recreation area).
N/A
Recreation Area
Parking
In addition to required resident and visitor parking,
recreation area parking shall be provided, as
follows: 1 space for each 15 residential units, or
fraction thereof, for units located more than 1,000
feet from a community recreation area.
N/A
The location of recreation area parking shall be
subject to the same location requirements as for
visitor parking, except that required recreation
area parking shall not be located within a
driveway(s).
N/A
Examples of recreation facilities include, but are not limited to, the following:
Dec. 4, 2024 Item #3 41 of 88
Active
Swimming pool area
Children’s playground equipment
Spa
Courts (tennis, racquetball, volleyball, basketball)
Recreation rooms or buildings
Horseshoe pits
Pitch and putt
Grassy play areas with a slope of less than 5% (minimum area of 5,000 square feet and a
minimum dimension of 50 feet)
Any other facility deemed by the City Planner to satisfy the intent of providing active
recreational facilities
Passive
Benches
Barbecues
Community gardens
Grassy play areas with a slope of less than 5%
C.10 Lighting Lighting adequate for pedestrian and vehicular safety shall be provided.
Appropriate lighting for the three-
unit project will be evaluated with
the final landscape and building
plans.
C.11 Reserved
C.12
Recreational
Vehicle (RV)
Storage (1)
Required for projects with 100 or more units, or a master or specific plan
with 100 or more planned development units. Exception: RV storage is
not required for projects located within the R-15 or R-23 land use
designations.
N/A 20 square feet per unit, not to include area required for driveways and
approaches.
Developments located within master plans or residential specific plans
may have this requirement met by the common RV storage area provided
by the master plan or residential specific plan.
RV storage areas shall be designed to accommodate recreational vehicles
of various sizes (i.e. motorhomes, campers, boats, personal watercraft,
etc.).
N/A
The storage of recreational vehicles shall be prohibited in the front yard
setback and on any public or private streets or any other area visible to the
public. A provision containing this restriction shall be included in the
covenants, conditions and restrictions for the project. All RV storage areas
shall be screened from adjacent residences and public rights-of-way by a
view-obscuring wall and landscaping.
N/A
C.13 Storage
Space
480 cubic feet of separate storage space per unit.
A two-car garage with minimum
required dimensions is provided for
each unit which satisfies the
storage requirements.
If all storage for each unit is located in one area, the space may be reduced
to 392 cubic feet.
Required storage space shall be separately enclosed for each unit and be
conveniently accessible to the outdoors.
Required storage space may be designed as an enlargement of a covered
parking structure provided it does not extend into the area of the required
parking stall, and does not impede the ability to utilize the parking stall (for
vehicle parking).
A garage (12’x20’ one-car, 20’x20’ two-car, or larger) satisfies the required
storage space per unit.
This requirement is in addition to closets and other indoor storage areas.
(1) This standard does not apply to housing for senior citizens (see Chapter 21.84 of this code)
Dec. 4, 2024 Item #3 42 of 88
PLANNED DEVELOPMENTS (CMC SECTION 21.45.080)
TABLE E: CONDOMINIUM PROJECTS
REF.
NO. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT
E.1
Livable
Neighborhood
Policy
Must comply with City Council Policy 66, Principles for the Development
of Livable Neighborhoods.
N/A, City Council resolution 2023-230
rescinded City Council Policy 66 to
achieve consistency with current state
regulations that require objective
design standards. The final edits to the
municipal code referencing Policy 66
are pending California Coastal
Commission approval. To date, the
Coastal Commission has not certified
any city policy as part of the Local
Coastal Program and therefore, the
Policy does not apply in the interim.
E.2 Architectural
Requirements
One-family and
two-family
dwellings
Must comply with City Council Policy 44, Neighborhood
Architectural Design Guidelines
See separate compliance
table attached to the
project staff report.
Multiple-family
dwellings
There shall be at least three separate building planes on
all building elevations. The minimum offset in planes
shall be 18 inches and shall include, but not be limited
to, building walls, windows, and roofs.
N/A
All building elevations shall incorporate a minimum of
four complimentary design elements, including but not limited to:
• A variety of roof planes;
• Windows and doors recessed a minimum of 2 inches;
• Decorative window or door frames;
• Exposed roof rafter tails;
• Dormers;
• Columns;
• Arched elements;
• Varied window shapes;
• Exterior wood elements;
• Accent materials such as brick, stone, shingles, wood,
or siding;
• Knee braces; and
• Towers.
N/A
E.3 Maximum
Coverage 60% of total project net developable acreage. Proposed building coverage is 42% of
the lot area (3,243 square feet).
E.4 Maximum
Building Height
Same as required by the underlying zone, and not to exceed three stories
(1)(7)
The project is located within the Beach
Area Overlay Zone (BAOZ). Pursuant
to Footnote #1 below, building height
shall be subject to the requirements of
CMC Chapter 21.82. Pursuant to CMC
Section 21.82.050, no residential
structure shall exceed 30’ when
providing a minimum 3:12 roof pitch,
or 24’ when providing less than a 3:12
roof pitch. The project is proposing
three, three-story buildings with heights up to 30’ with a 3:12 roof
pitch. Several balcony and
Dec. 4, 2024 Item #3 43 of 88
PLANNED DEVELOPMENTS (CMC SECTION 21.45.080)
TABLE E: CONDOMINIUM PROJECTS
REF.
NO. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT
architectural projection such as
balconies, shed roofs and non-
habitable architectural features are
proposed pursuant to CMC Section
21.46.020. None of the projections
extend more than two feet into the
required yards.
Projects
within the R-
23 general
plan
designation
(1)(7)
40 feet, if roof pitch is 3:12 or greater N/A. The project is in the R-23 General
Plan Land Use designation but is
subject to the BAOZ for building height
purposes.
35 feet, if roof pitch is less than 3:12
Building height shall not exceed three stories
E.5
Minimum
Building
Setbacks
From a
private or
public
street(2)(3)
Residential
structure 10 feet Garfield Street and Cherry Avenue are
public streets. The residential
structures are set back at least 10’ as
measured from the outside edge of the
ultimate street right-of-way width.
Each of the three, two-car direct entry
garages are setback 20’ from public
streets.
Direct entry
garage 20 feet
From a drive-
aisle(4)
Residential
structure
(except as
specified
below)
5 feet, fully landscaped (walkways
providing access to dwelling entryways
may be located within required
landscaped area)
N/A. No drive aisles are proposed.
Residential
structure –
directly
above a
garage
0 feet when projecting over the front of a
garage. N/A. See above.
Garage
3 feet
N/A. See above. Garages facing directly onto a drive-aisle
shall be equipped with an automatic
garage door opener.
Projects of 25
units or less
within the R-
15 and R-23
general plan
designations
0 feet (residential structure and garage) N/A. See above.
Garages facing directly onto a drive-aisle
shall be equipped with an automatic
garage door opener.
N/A. See above.
Balconies/deck
s (unenclosed
and
uncovered)
0 feet
N/A. See above.
May cantilever over a drive-aisle,
provided the balcony/deck complies with
all other applicable requirements, such
as:
• Setbacks from property lines
• Building separation
• Fire and Engineering Department
requirements
Dec. 4, 2024 Item #3 44 of 88
PLANNED DEVELOPMENTS (CMC SECTION 21.45.080)
TABLE E: CONDOMINIUM PROJECTS
REF.
NO. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT
From the perimeter property
lines of the project site (not
adjacent to a public/private
street)
The building setback from an interior side
or rear perimeter property line shall be
the same as required by the underlying
zone for an interior side or rear yard
setback.
The underlying zone for the project is
R-3. The required interior side yard
setback is 6’ and the project proposes
6’. The required rear yard setback is
12’ and the project proposes a rear
setback of 12’.
E.6
Minimum
Building
Separation
10 feet The one-family condominium units
are separated by 10’.
E.7 Resident
Parking (6)
All dwelling
types
If a project is located within the R-23 general plan
designation, resident parking shall be provided as
specified below, and may also be provided as follows:
• 25% of the units in the project may include a tandem
two-car garage (minimum 12 feet x 40 feet).
• Calculations for this provision resulting in a fractional
unit may be rounded up to the next whole number.
Tandem parking is not proposed.
One-family
and two-
family
dwellings
2 spaces per unit, provided as either:
• a two-car garage (minimum 20 feet x 20 feet), or
• 2 separate one-car garages (minimum 12 feet x 20
feet each)
• In the R-W Zone, the 2 required parking spaces may
be provided as 1 covered space and 1 uncovered
space (5)
An attached two-car garage with the
minimum required dimensions is
provided for each unit.
Multiple-
family
dwellings
Studio and
one-bedroom
units
1.5 spaces per unit, 1 of which must be
covered (5)
N/A
When calculating the required number of
parking spaces, if the calculation results
in a fractional parking space, the
required number of parking spaces shall
always be rounded up to the nearest
whole number.
Units with two
or more
bedrooms
2 spaces per unit, provided as either:
• a one-car garage (12 feet x 20 feet)
and 1 covered or uncovered space; or
(5)
• a two-car garage (minimum 20 feet x
20 feet), or
• 2 separate one-car garages (minimum
12 feet x 20 feet each)
• In the R-W Zone and the Beach Area
Overlay Zone, the 2 required parking
spaces may be provided as 1 covered
space and 1 uncovered space (5)
N/A
Required parking may be provided within an enclosed
parking garage with multiple, open parking spaces,
subject to the following:
• Each parking space shall maintain a standard stall size
of 8.5 feet by 20 feet, exclusive of supporting
columns; and
N/A
Dec. 4, 2024 Item #3 45 of 88
PLANNED DEVELOPMENTS (CMC SECTION 21.45.080)
TABLE E: CONDOMINIUM PROJECTS
REF.
NO. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT
• 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
path from the entrance of the units it could be
considered to serve.
Each unit’s parking spaces are within
150 feet of the unit it is intended to
serve.
E.8
Private
Recreational
Space
One-family,
two-family,
and multiple-
family
dwellings
Required private recreational space shall be designed so
as to be functional, usable, and easily accessible from
the dwelling it is intended to serve.
Each home provides a private
recreation area in the form of second
and third floor balconies. The private
recreation areas are easily accessible from the interior living area of each
unit. The required areas do not
encroach within the required front
yard setback, nor include any
driveways, parking areas, storage
areas, or common walkways.
Required private recreational space shall be located
adjacent to the unit the area is intended to serve.
Required private recreational space shall not be located
within any required front yard setback area, and may not
include any driveways, parking areas, storage areas, or
common walkways.
One-family
and two-
family
dwellings
Minimum
total area
per unit
Projects not within the R-
15 or R-23 general plan
designations
400 square feet The project is within the R-23 GPLU
designation, and therefore, provides at
least 200 square feet of private
recreational space per unit. Projects within the R-15 or
R-23 general plan
designations
200 square
feet
May consist of more than one recreational space. N/A
May be provided at ground level and/or as a
deck/balcony on a second/third floor or roof.
Each home provides a private
recreation area in the form of second
and third floor balconies.
If provided
at ground
level
Minimum
dimension
Not within
the R-15 or R-
23 general
plan
designations
15 feet N/A. Each home provides compliant
private recreation areas in the form of
second and third floor balconies.
Within the R-
15 or R-23
general plan
designations
10 feet
Shall not have a slope gradient greater
than 5%.
N/A. Each home provides compliant
private recreation areas in the form of
second and third floor balconies.
Attached solid patio covers and
decks/balconies may project into a
required private recreational space,
subject to the following:
• The depth of the projection shall not
exceed 6 feet (measured from the
wall of the dwelling that is contiguous
to the patio/deck/balcony).
N/A. Each home provides compliant
private recreation areas in the form of
second and third floor balconies.
Dec. 4, 2024 Item #3 46 of 88
PLANNED DEVELOPMENTS (CMC SECTION 21.45.080)
TABLE E: CONDOMINIUM PROJECTS
REF.
NO. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT
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
cover complies with all applicable
standards, including the required
setbacks).
N/A. Each home provides compliant
private recreation areas in the form of
second and third floor balconies.
If provided
above ground
level as a
deck/ balcony
or roof deck
Minimum dimension 6 feet Balconies provided for required private
recreation space have dimensions of at
least six feet and is at least 60 square
feet in area. Minimum area 60 square
feet
Multiple-family
dwellings
Minimum total area per unit (patio,
porch, or balcony)
60 square
feet N/A
Minimum dimension of patio, porch or
balcony 6 feet N/A
Projects of 11 or more units that are within the R-23
general plan designation may opt to provide an
additional 75 square feet of community recreation space
per unit (subject to the standards specified in Table C of
this Chapter), in lieu of providing the per unit private
recreational space specified above.
N/A
(1) If a project is located within the Beach Area Overlay Zone, building height shall be subject to the requirements of
Chapter 21.82 of this code.
(2) See Table C in Section 21.45.060 for required setbacks from an arterial street.
(3) Building setbacks shall be measured from the outside edge of the required street right-of-way width, whichever is
closest to the building.
(4) Building setbacks shall be measured from one of the following (whichever is closest to the building): a) the outside
edge of the required drive-aisle width; b) the back of sidewalk; or c) the nearest side of a parking bay located
contiguous to a drive-aisle (excluding parking located in a driveway in front of a unit’s garage).
(5) Any uncovered required parking space in the R-W zone may be located within a required front yard setback and
may be tandem.
(6) This standard does not apply to housing for senior citizens (see Chapter 21.84 of this code).
(7) Protrusions above the height limit shall be allowed pursuant to Section 21.46.020 of this code. Such protrusions
include protective barriers for balconies and roof decks.
Dec. 4, 2024 Item #3 47 of 88
APPLICABLE GUIDELINES 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:
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.
13-20 dwelling units shall provide 2 different floor plans and 3
different elevations.
21+ dwelling units shall provide 3 different floor plans and 3
different elevations.
Units A and B provide 1 floor
plan with 2 elevations.
Unit C provides 1 floor plan and
1 elevation.
Total 2 floor plans and 3
elevations provided.
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.
All homes have a coastal
contemporary style with
coherent articulation, detail,
and finish on the front, sides,
and rear elevations.
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 façade(s) of the house.
Design Details
All homes incorporate
complimentary design details
that reinforce and enhance the
architectural style of the
buildings. Balconies are
provided at levels 2 and 3 (all
units). Decorative fasciae are
provided at Units A and C.
Decorative eaves are provided
at Unit B. Columns are provided
at levels 1 and 2 (all units).
Wood elements are provided at
Unit A (guardrail and privacy
screen), Unit B (guardrail), and
Unit C (guardrail). Accent
material (board and batten,
vertical or horizontal siding) is
provided at all units in a variety
of colors.
Balconies
Decorative eaves and fascia
Exposed roof rafter tails
Arched elements
Towers
Knee braces
Dormers
Columns
Exterior wood elements
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.
Roof plans for the buildings
provide a variety of roof planes
and ridges for each unit. Second
and third floor decks/balconies
provide further variation in
planes and massing.
Dec. 4, 2024 Item #3 48 of 88
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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 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 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.
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.
Each of the proposed units/buildings is three
stories in height. This guideline is intended to
be applied to two-story single-family homes.
The project does not technically meet this
guideline. However, all units contain a
covered porch at ground level set back from
the level above by a distance of 4’-9” to 6’-
0”. All units provide a recessed wall plane at
the 2nd floor balconies set back from the
outer edge by a distance of 10’-4” to 13’-0”.
All units provide intermittent projection at
the 2nd and 3rd floors beyond the building
wall planes to create articulation at all
elevations. While the “single story” element
is not provided at the ground level in the
configuration described; the proposed
articulation provides the look of a single-
story element. These elements meet the
intent of the guideline, to reduce bulk and
mass, and are in scale to the lot size and
contribute to the creation of livable
neighborhoods.
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.
Along Cherry Ave, the depth from the
forward-most plane (2nd floor balcony guard)
to the rear-most plane (1st floor garage) is
11’-3” (units A and B). Five (5) planes w/ a
minimum of 18” offset and minimum 30 SF
area are provided (2nd floor balcony guard,
1st floor garage wall, 1st floor entry wall, 2nd
floor living room wall, 3rd floor master
bedroom wall).
Along Garfield Street, the depth from the
forward-most plane (2nd floor popout) to the
rear-most plane (garage) is 10’-4” (Unit C).
Six (6) planes w/ a minimum of 18” offset
and minimum 30 SF area are provided (2nd
floor popout, 1st floor garage wall, 1st floor
entry wall, 1st floor den wall, 2nd floor kitchen
wall/3rd floor bedroom-3 wall, 3rd floor
master bedroom wall).
Dec. 4, 2024 Item #3 49 of 88
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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.
Please note that for purposes of compliance
with item 11, the north elevation of Units A,
B, and C are considered “rear” elevations”.
Unit A provides 4 separate planes meeting
the offset criteria: the plane of the 2nd floor
popout, the plane of the chimney (recessed
25’-6”), the plane of the 1st floor bedroom
(recessed 1’-6”), and the plane of the roof
(recessed 9’-0” at the ridge line). Unit B
similar.
Unit C provides 5 separate planes meeting
the offset criteria: the plane of the 2nd floor
popout, the plane of the 1st floor entry wall
(recessed 21’-5”), the plane of the 1st floor
bedroom wall (recessed 33’-1”), the plane of
the 2nd floor kitchen and 3rd floor walk in
closet wall (recessed 11’-6”), and the plane
of the roof (recessed 8’-6” at the ridge line).
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).
Current design complies. See exterior
elevation sheets, general note #1 for
recessed note and exterior elevation sheets,
exterior finish schedule item WDW-1 for
window finish.
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.
Current design complies. Various window
shapes and sizes – as well as several deep
recessed conditions – are proposed.
Dec. 4, 2024 Item #3 50 of 88
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 façade 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.
All units have been provided
with covered front porches at
the front of the dwelling (Units
A and B facing Cherry Ave, Unit
C facing Garfield Street). While
the specific minimum dimension
and areas are not met, the
intent of the policy is being met
(1st floor porch is covered and
recessed, 2nd floor projects out
to emphasize the covered space
at the entry).
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.
All units have been provided
with a front entry that is visible
from the street (Units A and B
facing Cherry Ave, Unit C facing
Garfield Street).
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.
Current design complies. Units A
and B provide a single chimney
per unit which has been
designed as a popout vertical
element and finished with the
same material as the adjacent
wall. Unit C provides a fireplace
but conceals the chimney within
the 2nd floor popout mass.
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.
No 3 or 4 car garage doors are
proposed (only 2-cargarage
doors, one per unit).
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.
Dec. 4, 2024 Item #3 51 of 88
CEQA DETERMINATION 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.
Project Number and Title: PUD 2024-0002/SDP 2024-0013/CDP 2024-0016/MS 2024-0003 (DEV2024-
0052) -CHERRY BEACH HOMES
Project Location -Specific: =-1=80=-=-C:..:..;he=r-=--ryL-:Ac...:.v=--=e=n=u-=-e __________________ _
Project Location -City: �C �ar�ls�b�a �d ____ _ Project Location -County: -=-Sa=n-=--=D=ie=go=------
Description of Project: Demolish two existing residential structures and an accessory structure and
construct a three-unit condominium project consisting of three detached, one-family dwellings that range
in size from 2,978 square feet to 3, 026 square feet, and all having attached two-car garages.
Name of Public Agency Approving Project: -=C=ity._o"""f'"'"C""a"'"'r=ls=-ba"'"'d"---------------
Name of Person or Agency Carrying Out Project: STEPHEN DALTON ARCHITECTS
Name of Applicant: PATRICK KORNMAN, STEPHEN DALTON ARCHITECTS
Applicant's Address: 444 SOUTH CEDROS AVE. #185, SOLANA BEACH, CA 92075
Applicant's Telephone Number: .i..:{8=5=8_,.__) -'--'79::..:2=--5=9=-=0:....::6:...._ _________________ _
Name of Applicant/Identity of person undertaking the project (if different from the applicant 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)); !SJ Categorical Exemption - State type and section number: New Construction or Conversion of Small
Structures -Section 15303 D Statutory Exemptions - State code number:. __________________ _ D Common Sense Exemption {Section 15061{b){3))
Reasons why project is exempt: Construction of three single-family residences in an urbanized area.
Exceptions to Exemptions
CEQA Section 15300.2 -Exceptions
Exhibit 6
Dec. 4, 2024 Item #3 52 of 88
Dec. 4, 2024 Item #3 53 of 88
Planning staff evaluated all the potential exceptions to the use of Categorical Exemptions for the proposed
project (in accordance with CEQA Guidelines Section 15300.2) and determined that none of these
exceptions apply as explained below:
a. Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located
-a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive
environment be significant. Therefore, these classes are considered to apply in all instances, except
where the project may impact on an environmental resource of hazardous or critical concern where
designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local
agencies. This project is eligible for the Class 3 exemption.
Response -The project location is not considered to be a particularly sensitive environment due to
the following reasons:
The site is not located within an Existing or Proposed Hardline Conservation Area or Standards Area
of the Habitat Management Plan and the project site is currently developed. Therefore, the project
will not have an impact on an environmental resource of hazardous or critical concern.
b. Cumulative Impact -"All exemptions for these classes are inapplicable when the cumulative impact of
successive projects of the same type in the same place, over time is significant."
Response -There is no evidence to conclude that significant impacts will occur based on past project
approvals or that the proposed Project's impacts are cumulatively considerable when evaluating any
cumulative impacts associated with construction air quality, noise, transportation, or water quality in
the area surrounding the proposed Project. The Project, and all future projects, will be required to
comply with all applicable local, regional, and state laws, regulations, and guidelines, and as described
above, any potential impact cause by the Project's construction and operation would continue to be
less than significant and would not contribute significantly to regional cumulative impact in the
broader project region. Therefore, this exception does not apply.
c. Significant Effect -"A categorical exemption shall not be used for any activity where there is a
reasonable possibility that the activity will have a significant effect on the environment due to unusual
circumstances. Examples include projects, which may affect scenic or historical resources."
Response -There are no unusual circumstances that would have a significant impact on the
environment due to the project. The Project does not involve any unusual circumstances. In regard to
biological resources, the project is not located within an existing or proposed Hardline Conservation
Areas or Standards Areas of the Habitat Management Plan.
d. Scenic Highway -"A categorical exemption shall not be used for a project which may result in damage
to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar
resources, within a highway officially designated as a state scenic highway. This does not apply to
improvements which are required as mitigation by an adopted negative declaration or certified EIR."
Response -Cherry Avenue is not considered a historical and scenic corridor throughout Carlsbad, is
not a highway officially designated as a State Scenic Highway, nor is it easily visible from a Carlsbad
historical or scenic corridor or State Scenic Highway. The project site is also surrounded on all sides by
existing residential structures. Therefore, implementation of the Project will result in similar visual
conditions compared with a no project scenario.
Dec. 4, 2024 Item #3 54 of 88
e. Hazardous Waste Site -"A categorical exemption shall not be used for a project located on a site which
is included on any list compiled pursuant to Section 65962.5 of the Government Code."
Response -A review of available records did not identify any sites which are included on any list
compiled pursuant to Section 65962.4 of the Government Code.
f. Historical Resources -"A categorical exemption shall not be used for a project which may cause a
substantial adverse change in the significance of a historical resource."
Response--A Cultural Resources Report, dated January 9, 2024, was prepared by Kristi S. Hawthorne
to determine if the Project would impact any historical resources pursuant to CEQA. The report
concluded that none of the buildings on the Project site are listed or eligible to be listed in any national,
state, or local landmark or historic district programs. As such, development of the Project would not
cause a substantial adverse change in the significance of a historical resource, and this exception does
not apply.
Carlsbad Municipal Code Section 19.04.070(B) -Exceptions
Exceptions. Even though a project may otherwise be eligible for an exemption, no exemption shall apply
in the following circumstances:
1. Grading and clearing activities affecting sensitive plant or animal habitats, which disturb, fragment or
remove such areas as defined by either the California Endangered Species Act (Fish and Game
Code Sections 2050 et seq.), or the Federal Endangered Species Act (16 U.S.C. Section 15131 et seq.);
sensitive, rare, candidate species of special concern; endangered or threatened biological species or
their habitat (specifically including sage scrub habitat for the California Gnatcatcher); or
archaeological or cultural resources from either historic or prehistoric periods;
Or
2. Parcel maps, plot plans and all discretionary development projects otherwise exempt but which affect
sensitive, threatened, or endangered biological species or their habitat (as defined above),
archaeological or cultural resources from either historic or prehistoric periods, wetlands, stream
courses designated on U.S. Geological Survey maps, hazardous materials, unstable soils, or other
factors requiring special review, on all or a portion of the site. (Ord. NS-593, 2001)
Response -The Project site is located in a developed part of the city and is surrounded by residential
uses. The Project site contains three existing buildings exist on site and the site contains only non-
natives and ornamental vegetation with no value as habitat for endangered, rare, or threatened
species. Furthermore, the site is not within mapped areas of potential critical habitat as depicted in
the City's General Plan1.
A Cultural Resources Report, prepared by Kristi S. Hawthorne, concluded that none of the buildings on
the Project site are listed or eligible to be listed in any national, state, or local landmark or historic
district programs. Furthermore, the likelihood that intact archaeological or cultural resources exist on
1 City of Carlsbad. 2015 City of Carlsbad General Plan -Open Space, Conservation, and Recreation Element. Adopted
September 2015. https:j /www .ca rlsbadca .gov /home/ showpu bl isheddocu me nt/342 4/63 7 434861099030000
Dec. 4, 2024 Item #3 55 of 88
the Project site is low due to previous site disturbance. Nonetheless, the Project will be required to
comply with standard City regulatory procedures outlined in the Carlsbad Tribal, Cultural, and
Paleontological Resources Guidelines (City of Carlsbad 2017) including conditions requiring
archaeological monitoring of ground-disturbing activities during Project construction. Therefore,
earth-moving activities associated with the Project would not affect archaeological or cultural
resources from either historic or prehistoric periods.
Hazardous materials, unstable soils or other factors requiring special review do not apply or are not
found within this project location.
Lead Agency Contact Person: Kyle Van Leeuwen Telephone: 442-339-2611
Dvib::
ERIC LARDY, City Planner
LIST OF ACRONYMS AND ABBREVIATIONS Exhibit 7
This is a list of acronyms and abbreviations (in alphabetical order) that are commonly used in staff
reports.
Acronym Description Acronym Description
APA American Planning Association LCPA Local Coastal Program Amendment
APN Assessor Parcel Number LOS Level of Service
AQMD Air Quality Management District MND Mitigated Negative Declaration
BMP Best Management Practice NCTD North County Transit District
CALTRANS California Department of Transportation ND Negative Declaration
CC City Council PC Planning Commission
CCR Conditions, Covenants and Restrictions PDP Planned Development Permit
CEQA California Environmental Quality Act PEIR Program Environmental Impact Report
CFD Community Facilities District PUD Planned Unit Development
CIP Capital Improvement Program ROW Right of Way
COA Conditions of Approval RWQCB Regional Water Quality Control Board
CofO Certificate of Occupancy SANDAG San Diego Association of Governments
CT Tentative Parcel Map SDP Site Development Permit
CUP Conditional Use Permit SP Specific Plan
DIF Development Impact Fee SWPPP Storm Water Pollution Prevention Program
DISTRICT City Council Member District Number TM Tentative Map
EIR Environmental Impact Report ZC Zone Change
EIS Environmental Impact Statement (federal)
EPA Environmental Protection Agency
FEMA Federal Emergency Management Agency
GP General Plan
GPA General Plan Amendment
GIS Geographic Information Systems
HCA Housing Crisis Act 2019
IS Initial Study
Dec. 4, 2024 Item #3 56 of 88
Dec. 4, 2024 Item #3 57 of 88
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Dec. 4, 2024 Item #3 58 of 88
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Dec. 4, 2024 Item #3 59 of 88
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Dec. 4, 2024 Item #3 61 of 88
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Maximum Applied Water Allowance
A landsnpc projc,:t wbject to :he W'otcr Effw:icn1 U.od!capc Ordinona: shall in.Jude: <he M.\ WA for
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Exhibit 9
Full Size Exhibits “A” – “M” dated Dec. 4, 2024
(on file in the Planning Department)
Dec. 4, 2024 Item #3 88 of 88
From:Planning
To:Kyle Van Leeuwen
Cc:Cynthia Vigeland
Subject:FW: Cherry Beach homes project at 180 Cherry Ave
Date:Monday, November 25, 2024 9:55:11 AM
From: salton0611@gmail.com <salton0611@gmail.com>
Sent: Monday, November 25, 2024 9:51 AM
To: Planning <planning@carlsbadca.gov>
Subject: Cherry Beach homes project at 180 Cherry Ave
Hello
Our neighbors and representatives from the Acacia Ave HOA have an issue with this project.
Rincon has been developing multiple projects along Garfield: 3 on Acacia Ave (½ block off
Garfield), 12 in development on Garfield, 4 on Juniper (½ block off Garfield), and 3 on
Chinquapin at Garfield. All of these look primarily the same in design. The neighborhood is
beginning to look like track housing, without character.
We would like to see something that would look more in keeping with our community.
Regards
Alan Salton
169 Acacia Ave
Carlsbad, CA 92008
CAUTION: Do not open attachments or click on links unless you recognize the sender and
know the content is safe.
Item 3 Correspondence rec.
by 11/27/24
Kyle Van Leeuwen, Associate Planner
Planning Division
Dec. 4, 2024
Cherry Beach Homes
PUD 2024-0002/SDP2024-0013/CDP 2024-0016/MS 2024-00003
{ City of
Carlsbad
ITEM 3 - Project Site
180 Cherry Ave.
•7,795 SF (0.18 AC)
•R-3 zone
•Mello II Segment
•Beach Area
Overlay
Cherry Beach Homes
PUD 2024-0002/SDP 2024-0013/CDP 2024-0016/MS 2024-0003
0
75
{ City of
Carlsbad
ITEM 3 - Site Plan
3 New One-Family Dwellings
Unit A
•2,978 SF
•4 Bedroom/Den/Office
•2nd and 3rd story balconies
Unit B
•2,979 SF
•4 Bedroom/Den/Office
•2nd and 3rd story balconies
Unit C
•3,026 SF
•5 Bedroom/Den/Office
•2nd and 3rd story balconies
12'-0"
STBK
UNIT A
. . II II I\ I\ I I I I I I I I I I I I I I / I
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/ArrA"9HED GAF/,AGE \
,' (2 PA~KING SPf'-CES) \
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--1.JJ ----1__ -
UNIT B
. .
I\ I\ I I I I I I I I I I I \
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/ATTA"9HED GAF/,AGE \
,' (2 PA~KING SPf'-CES) \
' ' I I I I I I I I I I I I ' ' I I I I ~---------~---------
~" DRIVE~AY
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10'-0"
STBK
{ City of
Carlsbad
ITEM 3 - Cherry Elevation
{ City of
Carlsbad
ITEM 3 - Garfield Elevation
( City of
Carlsbad
ITEM 3 - Rendering
{ City of
Carlsbad
ITEM 3 - Rendering
{ City of
Carlsbad
ITEM 3 - Rendering
{ City of
Carlsbad
ITEM 3 – Inclusionary Housing
CMC 21.85.030 - Inclusionary Housing Requirement does not apply
when:
•The construction of a new residential structure (or structures)
which replaces a residential structure (or structures) that was
destroyed or demolished within two years prior to the application
for a building permit for the new residential structure, provided
that the number of residential units is not increased from the
number of residential units of the previously destroyed or
demolished residential structure (or structures).
•The project replaces 3 units with 3 new units – no increase
•Project is conditioned to pay in-lieu fees for 3 units if building
permits have not been applied for within 2 years of demo
{ City of
Carlsbad
ITEM 3 – Inclusionary Housing
Section E. - Inclusionary Housing Ordinance
•(…) The proposal to demolish two three residential units and construct a
three-unit residential condominium project has been conditioned to pay the
applicable housing in-lieu fee for one unit, or three units if building permits
for the project have not been applied for within two years of demolishing the
two three existing residential units.
Housing Program 2.1
For all residential projects of fewer than seven
units, payment of a fee in lieu of inclusionary
units is permitted.
The project is conditioned to pay an in in-lieu fee
on a per unit basis for one unit if building
permits for the project are applied for within
two years of demolishing the existing duplex on-
site. Otherwise, the project shall pay in-lieu fees
for all three units.
Yes
Housing Program 2.1
For all residential projects of fewer than seven
units, payment of a fee in lieu of inclusionary
units is permitted.
The project is conditioned to pay an in in-lieu fee
on a per unit basis if building permits have not
been applied for within 2 years of demolition.
Yes
Exhibit 4 – Project Analysis (Errors)
Table B
{ City of
Carlsbad
ITEM 3 – RECOMMENDATION
ADOPT a resolution APPROVING the Planned
Development Permit (PUD 2024-0002), Site
Development Plan (SDP 2024-0013), Coastal
Development Permit (CDP 2024-0016), and
Minor Subdivision (MS 2024-0003).
{ City of
Carlsbad
Units A & B
; MW \_
~------'::::::: C
ICITCHEII 1;=/·==\?I
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1 1
0 ~~~ ~~OOR PLAN -UNIT B
:r • r
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+--+----+-CID
---------------------l ---
CD ~~ ~~90R PLAN -UNIT B
{ City of
Carlsbad
Units A & B
0 t:5?5'F.fLAN -UNIT B CD :me Fs,ooR PLAN -UNIT s
l
{ City of
0 Carlsbad
[ ""'" ]
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{ City of
Carlsbad
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