HomeMy WebLinkAbout2025-04-02; Planning Commission; Resolution 7540PLANNING COMMISSION RESOLUTION NO. 7540
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD,
CALIFORNIA, RECOMMENDING APPROVAL OF SITE DEVELOPMENT PLAN,
SOP 2024-0001, TO DEMOLISH AN EXISTING COMMERCIAL STRUCTURE AND
CONSTRUCT A FOUR-STORY MIXED-USE STRUCTURE CONSISTING OF 5,406
SQUARE FEET OF COMMERCIAL SPACE, 23 MULTIPLE-FAMILY RESIDENTIAL
APARTMENT UNITS WITHIN, AND 24 COVERED PARKING SPACES ON A 0.46-
ACRE PROPERTY LOCATED AT 2621 ROOSEVELT ST. IN THE NORTHWEST
QUADRANT OF THE CITY, THE VILLAGE & BARRIO MASTER PLAN, AND LOCAL
FACILITIES MANAGEMENT ZONE 1.
CASE NAME: THE ROOSEVELT
CASE NO.: SOP 2024-0001 (DEV2024-0014)
WHEREAS, Brendan Foote, Fabric Investments, "Developer," has filed a verified
application with the City of Carlsbad regarding property owned by Fabric 2621 Roosevelt, LLC, "Owner,"
described as
THAT PORTION OF LOT 23 OF SEASIDE LANDS, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, JULY 28, 1921, LYING NOTHEASTERLY OF A STRAIGHT
LINE CONNECTING THE MID-POINTS OF THE NORTHWESTERLY AND
SOUTHEASTERLY LINES OF SAID LOT.
("the Property"); and
WHEREAS, said verified application constitutes a request for a Site Development Plan as
shown on Exhibit(s) "A" -"Z" dated April 2, 2025, on file in the Planning Division, SDP 2024-0001-THE
ROOSEVELT as provided by Chapters 21.06, 21.85 and 21.86 of the Carlsbad Municipal Code and the
Village & Barrio Master Plan; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA, Public Resources
Code section 21000 et. seq.) and its implementing regulations (the State CEQA Guidelines), Article 14 of
the California Code of Regulations section 15000 et. seq., the city is the Lead Agency for the project, as
the public agency with the principal responsibility for approving the proposed project; and
WHEREAS, the Planning Commission did, on April 2, 2025, hold a duly noticed public
hearing as prescribed by law to consider said request relative to the Site Development Plan land use
application; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the Site Development Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A)
B)
C)
Findings:
That the foregoing recitations are true and correct.
Compliance with CEQA. The proposed action to demolish an existing commercial
structure and construct a four-story mixed-use structure is categorically exempt from
environmental review under CEQA Guidelines section 15332 (Class 32 -Infill
Development Projects) because it is infill development within an urbanized area and
meets certain criteria. No exceptions to the categorical exemption as set forth in CEQA
Guidelines Section 15300.2 or Carlsbad Municipal Code Section 19.04.070(() apply. The
notice of exemption will be filed with the Recorder/County Clerk within five days after
project approval by the decision-making body.
That based on the evidence presented at the public hearing, the Planning Commission
RECOMMENDS APPROVAL OF SDP 2024-0001 -THE ROOSEVELT, based on the
following findings and subject to the following conditions:
Site Development Plan, SDP 2023-0014
1. That the proposed development or use is consistent with the General Plan and any applicable
master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the
Carlsbad Municipal Code, and all other applicable provisions of this code, in that the project
proposes the demolition of an existing commercial building with approximately 8,000 square
feet of commercial space, and in its place the construction of a new four-story mixed-use
development consisting of 5,406 square feet of commercial space, 23 multiple-family
residential apartment units (19 market rate and four affordable) and 24 covered parking spaces
on a 0.46-acre infill site located within the Village General (VG) District of the Village & Barrio
Master Plan. Mixed-use, consisting of multiple-family residential and commercial (i.e.,
restaurants, retail, markets, etc.), is permitted by right within the VG District. The project is
consistent with the various elements and objectives of the Village-Barrio (V-B) General Plan
Land Use designation and the Village & Barrio Master Plan as discussed in the findings below
and in the project staff report dated April 2, 2025, incorporated by reference. Although the
project's residential density of 50 dwelling units per acre is above the 23 du/ac maximum that
is allowed by the VG District, the 23-unit residential project can be found consistent with the
General Plan Land Use Policies as discussed in the findings below and in the project staff report
dated April 2, 2024 through use of a Density Bonus as allowed under California Law and the
Carlsbad Municipal Code. State law encourages cities to provide affordable housing through
incentives to developers (i.e., State Density Bonus Law, Government Code §65915}. State
Density Bonus Law allows a developer to increase density on a property above the maximum
density, set under the land use policies of the General Plan, zoning district, and Specific
Plan/Master Plan. In this instance, based on the adopted land use density of the Village General
(VG} District of the Village and Barrio Master Plan, the base number of units allowed for a 0.46-
acre parcel at 23 du/ac is 11 dwelling units. The applicant is requesting two (2) 50% increases in
density to yield 23 total units. Density Bonus Law stipulates that a request for a density bonus
does not constitute a valid basis on which to find a proposed housing development project is
not compliant with a general plan. In addition, State Density Bonus Law explicitly requires the
city to consider "the density allowed under the land use element of the general plan" in
determining maximum allowable residential density and General Plan conformance. Therefore,
the proposed density of the project is deemed compliant with the land use density designation
of the General Plan and Village and Barrio Master Plan.
2. That the requested development or use is properly related to the site, surroundings and
environmental settings, will not be detrimental to existing development or uses or to
development or uses specifically permitted in the area in which the proposed development or use
is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that
the proposed mixed-use development is located within the Village General (VG} District of the
Village & Barrio Master Plan (VBMP}. The project will not be detrimental to existing uses or to
uses specifically permitted in the area in which the use is located in that mixed-use, consisting
of multiple-family residential and commercial (i.e., restaurants, retail, markets, etc.), is
permitted by right in the VG District. All the properties surrounding the site are designated for
Village General uses under the VBMP, except for the property located to the west of the site,
fronting State Street, which is designated as Village Center (VC}. The project site is surrounded
by a variety of urban uses, including a trailer park, a car wash, a restaurant, and multiple-family
residential uses across Roosevelt Street. The proposed site design places residential adjacent to
residential to the south and commercial development adjacent to existing commercial
development to the north and west. The proposed mixed-use development will not adversely
impact the site, surroundings, or traffic circulation. Roosevelt Street has adequate capacity to
accommodate the net increase of 363 Average Daily Trips (ADTs} generated by the overall
project. Pursuant to Assembly Bill 2097 (AB 2097), the city is prohibited from requiring parking
for projects located within one-half mile of a major transit stop, except for requirements to
provide electric vehicle supply equipment installed parking spaces or parking spaces that are
accessible to persons with disabilities that would have otherwise applied to the development.
The project is located approximately 0.25 miles from the Carlsbad Village Train Station, and
therefore only the parking for electric vehicle supply equipment installed parking spaces or
parking spaces that are accessible to persons with disabilities can be required. Furthermore, the
applicant has requested a Density Bonus Incentive/Concession the elimination of all parking
requirements for the commercial uses. The project does provide 24 spaces for the residential
units, consistent with AB 2097 (Government Code § 65863.2}.
3. That the site for the intended development or use is adequate in size and shape to accommodate
the use, in that pursuant to State Density Bonus Law, the Developer has requested waivers to
standards in the Village & Barrio Master Plan and the Carlsbad Municipal Code related to
maximum building height and the number of floor levels, front setback requirements, parking
standards, and objective design standards. The project is entitled to the requested number of
units, and the density bonus waivers are necessary for the project to be developed at the
density. The waivers are permitted pursuant to CMC Chapter 21.86 and State Density Bonus
Law. Because the project is eligible for a density bonus, as allowed by State Density Bonus Law,
the project is consistent with the development density established by existing zoning,
community plan or General Plan policies. The proposed density of the project complies with the
VG District and the density restrictions of the Village & Barrio Master Plan, as modified by State
Density Bonus Law
4. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested development or use to existing or permitted future development or use in the
neighborhood will be provided and maintained, in that the project complies with all applicable
development standards for mixed-use projects within the VG District of the Village & Barrio
Master Plan, including lot coverage, open space, height, setbacks, and parking, etc., subject to
density bonus provisions for concessions and waivers, including reductions of standards. The
architecture of the building is compatible with the surrounding residential and commercial
development and implements the objective design standards of the Village and Barrio Master
Plan. Landscaping along the street frontages and throughout the project will be provided
consistent with the requirements of the city's Landscape Manual and the Village & Barrio
Master Plan.
5. That the street systems serving the proposed development or use is adequate to properly handle
all traffic generated by the proposed use, in that the proposed project has one primary street
frontage, Roosevelt Street, along the eastern property line. Along Roosevelt Street, the project
includes an eight-foot of right-of-way easement. With a total of 10-feet from curb to property
line, the project includes a 10-foot concrete sidewalk which includes three street trees. Primary
vehicular access into the project site will be provided via driveway on Roosevelt Street. The
proposed project is estimated to generate a net increase of 363 Average Daily Trips (ADT).
Roosevelt Street is designed to adequately handle the traffic generated by the project. The
project site is also located within 0.25 miles of the Carlsbad Village mass transit station which
provides bus, train, and Coaster service on a daily basis.
lnclusionary Housing and Density Bonus
6. Project has been granted additional units, incentives, and waivers in accordance with density
bonus provisions found in Government Code §65915 and Carlsbad Municipal Code Chapter
21.86. Per density bonus definitions, the project had a calculation of 11 Base Units. Applicant
requested two 50% increases, which allows up to an additional 12 units for a total maximum
project size of 23 units. Based on the requested density bonus, Applicant must provide 15% of
the Base Units to very-low-income units and 15% of the Base Units to moderate-income units
as defined by California Health and Safety Code §50053 and §50093. The project is conditioned
to provide 2 units (11 x 0.15 = 1.65 rounded up to 2) for each requested 50% bonus (total of 4
units) as density bonus affordable units based on calculations in Government Code §65915 and
enforced by the California Department of Housing and Community Development.
7. Project is also subject to Carlsbad Municipal Code Chapter 21.85, requiring 15% of the total
residential units be affordable for lower income households. Therefore, the affordable units
required is three (3) units (23 x 0.15 = 3.45 rounded down to 3). The project is conditioned to
provide three (3) inclusionary units based on Carlsbad Municipal Code Chapter 21.85.
8. Per Carlsbad Municipal Code Section 21.86.130, the three (3) affordable dwelling units provided
to meet the inclusionary requirement established pursuant to Chapter 21.85 of this title, shall
be counted toward satisfying the density bonus requirements of this chapter. Four (4) of the 23
units count toward the density bonus affordable requirement, as long as they meet the
affordability requirement identified in Government Code §65915. Therefore, the conditions
identified in the two findings above are cumulative and will be satisfied through one Affordable
Housing Agreement to provide four (4) total affordable units based on Carlsbad Municipal Code
Chapter 21.85. Two inclusionary affordable units will be constructed and restricted as to
occupancy and affordability to very-low-income households not exceeding 50% of the Area
Medium Income (AMI), and one inclusionary affordable unit shall be constructed and restricted
as to occupancy and affordability to a moderate-income household not exceeding 120% of Area
Median Income, as required by the city's lnclusionary Housing Ordinance and consistent with
City Council Policy No. 57. One additional affordable unit will be provided (for a total of four) to
be constructed and restricted to occupancy and affordability to a moderate-income household
not exceeding 120% of Area Median income, as required by Government Code §65915.
General
9. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the city's General Plan, and the development standards of the Village and Barrio
Master Plan, based on the facts set forth in the staff report dated April 2, 2025, including, but not
limited to the following:
a. Land Use -The proposed project, which includes the construction of 5,406 square feet of
commercial space and 23 new residential units, would enhance the vitality of the Village by
providing new residential land uses in the Village General district. The project reinforces the
pedestrian orientation desired for the downtown area by providing residents an
opportunity to walk to shopping, recreation, and mass transit functions. The project's
proximity to existing bus routes and mass transit would help to further the goal of providing
new economic development near transportation corridors. Overall, the mixed-use project
would contribute to the revitalization of the Village General District.
b. Mobility-The proposed project has been designed to meet circulation requirements, which
include maintaining or enhancing frontage improvements consisting of walkways and
landscaping. In addition, the applicant would be required to pay traffic impact fees prior to
the issuance of building permits that would go toward future road improvements. The
proposed project is located approximately one-quarter mile from the Carlsbad Village train
station which provides rail and bus service throughout the day. The project's proximity to
the transit station would provide residents with the opportunity to commute to major job
centers, thereby reducing vehicle miles traveled (VMTs) and their carbon footprint.
Furthermore, the project supports walkability and mobility by locating the project near
existing goods and services within the Village.
c. Noise -The proposed project is consistent with the Noise Element of the General Plan in
that the project's building design, with windows closed, adequately attenuates the noise
levels for the residential units as described in the noise analysis report (Birdseye Planning
Group, dated February 2025) and adequately attenuates the interior noise levels for the
new residences to 45 dB(a) CNEL or less. Exterior noise levels are also shown in the noise
analysis report to be compliant with the noise element and will not exceed the 60 dBA CNEL.
d. Housing -Of the 23 units proposed with the project, 15% of the 11 Base Units shall be
constructed and restricted to very-low-income units (2 units) and 15% of the 11 Base Units
to moderate-income units (2 units), as defined by California Health and Safety §50053 and
§50093. As 23 total units are proposed, not less than 15 percent of the total units (3 units),
inclusive of those units required by California Government Code §65915, two units shall be
constructed and restricted both as to occupancy and affordability to very-low-income
households not exceeding 50% of the Area Medium Income (AMI), and one unit shall be
constructed and restricted as to occupancy and affordability to a moderate-income
household not exceeding 120% of the Area Median Income, as required by the city's
lnclusionary Housing Ordinance and consistent with City Council Policy No. 57 ..
e. Public Safety-The proposed structural improvements would be required to meet all seismic
design standards. In addition, the proposed project is consistent with the applicable fire
safety requirements. The project would be required to develop and implement a program
of "best management practices" for the elimination and reduction of pollutants which enter
into and/or are transported within storm drainage facilities. The project has been
conditioned to pay all applicable public facilities fees for Zone 1.
f. Village General District Standards -The project as designed is consistent with the
development standards for the Village general (VG) District, the VBMP Design Guidelines
and all other applicable regulations set forth in the VBMP as discussed in the project staff
report.
11. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 1 and all city public facility policies and ordinances. The project
includes elements or has been conditioned to construct or provide funding to ensure that all
facilities and improvements regarding sewer collection and treatment; water; drainage;
circulation; fire; schools; parks and other recreational facilities; libraries; government
administrative facilities; and open space, related to the project will be installed to serve new
development prior to or concurrent with need. Specifically:
a. The project has been conditioned to provide proof from the Carlsbad Unified School District
that the project has satisfied its obligation for school facilities.
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44 and will be collected
prior to issuance of building permit. Under SB 330, the park-in-lieu fees will be assessed
according to the 2023-2024 Master Fee Schedule which assessed a flat rate per unit based on
subdivision type (attached, residential, more than 4 units, $6,190 per unit). Under the new
2024-2025 Master Fee Schedule, the fees would normally be assessed on the size of each unit
instead of a flat fee per unit based on subdivision type.
c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior
to the issuance of building permit.
d. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
12. The project has been conditioned to pay any increase in public facility fee, or new construction
tax, or development fees, and has agreed to abide by any additional requirements established by
a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal
Code. This will ensure continued availability of public facilities and will mitigate any cumulative
impacts created by the project.
13. This project has been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 1.
14. That all necessary public facilities required by the Growth Management Ordinance will be
constructed or are guaranteed to be constructed concurrently with the need for them created by
this project and in compliance with adopted city standards.
15. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
16. 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 development, must be met prior to approval of the building or grading permit
whichever occurs first. All references to the "Site Plan" reference the project plans dated April
2, 2025, attached as Exhibits "A" -"Z" of the Planning Commission Staff Report dated April 2,
2025.
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 Site Development Plan.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Site Development Plan documents, as necessary to make them internally
consistent and in conformity with the final action on the project. Development shall occur
substantially as shown on the approved Exhibits. Any proposed development, different from this
approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this project are challenged,
this approval shall be suspended as provided in Government Code §66020. If any such condition
is determined to be invalid, this approval shall be invalid unless the City Council determines that
the project without the condition complies with all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly,
from (a) city's approval and issuance of this Site Development Plan (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 Project 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.
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 CFO
#1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section
5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1
pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the
taxes/fees are not paid, this approval will not be consistent with the General Plan and shall
become void.
12. Developer shall submit to the city a Notice of Restriction executed by the owner of the real
property to be developed. Said notice is to be filed in the office of the County Recorder, subject
to the satisfaction of the City Planner, notifying all interested parties and successors in interest
that the City of Carlsbad has issued a Site Development Plan on the property. Said Notice of
Restriction shall note the property description, location of the file containing complete project
details and all conditions of approval as well as any conditions or restrictions specified for
inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an
amendment to the notice which modifies or terminates said notice upon a showing of good cause
by the Developer or successor in interest.
13. Prior to issuance of grading permit(s), developer shall make a separate formal landscape
construction drawing plan check submittal to the Planning Division and obtain City Planner
approval of a Final Landscape and Irrigation Plan showing conformance with the approved
Preliminary Landscape Plan and the city's Landscape Manual. Developer shall construct and install
all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall be
maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation
systems shall be maintained to provide the optimum amount of water to the landscape for plant
growth without causing soil erosion and runoff.
14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan
check process on file in the Planning Division and accompanied by the project's building,
improvement, and grading plans.
15. Project has been granted additional units, a concession, and waivers in accordance with density
bonus provisions found in Government Code §65915 and Carlsbad Municipal Code Chapter
21.86. Per density bonus definitions, the project had a calculation of 11 Base Units. Applicant
requested an increase in density to allow 12 additional units, for a total project size of 23 units.
Based on the requested density bonus, applicant must provide 15% of the Base Units as very
low-income units and 15% of the Base Density Units as moderate-income Units, as defined by
California Health and Safety Code Section §50053 and §50093. The project must provide two (2)
density bonus very low-income affordable units and two (2) density bonus moderate income
units, based on calculations in Government Code §65915. As 23 total units are proposed, not
less than 15 percent of the total units (3 units), inclusive of those units required by California
Government Code §65915 , two units shall be constructed and restricted as to occupancy and
affordability to very-low-income households not exceeding 50% of the Area Medium Income
(AMI), and one unit shall be constructed and restricted as to occupancy and affordability to a
moderate-income household not exceeding 120% of Area Median Income, as required by the
city's lnclusionary Housing Ordinance and consistent with City Council Policy No. 57.
16. Developer shall construct the project's required affordable units concurrent with the project's
market rate units in accordance with Section 21.85.l00(C} of the Carlsbad Municipal Code
(CMC). Affordable units within the project must be distributed evenly across various areas and
floors, adhering to the guidelines of California Health and Safety Code Section 17929, rather
than being concentrated in specific locations. Additionally, these affordable units should be
equipped with equivalent amenities as those found in market rate units, in accordance with
CMC 21.85.040 (G).
17. Prior to the issuance of building permits, the Developer shall enter into an Affordable Housing
Agreement with the city. The agreement shall satisfy the following criteria:
a. To provide and deed restrict two (2) dwelling units as affordable to very-low-income
households for 55 years, earning up to 50% of the area median income (AMI) and provide
and deed restrict two (2) dwelling units as affordable to moderate-income households for
55 years, earning up to 120% of the area median income (AMI).
The agreement shall be in accordance with the requirements and process set forth in Chapters
21.85 and 21.86 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement shall
be submitted to the City Planner no later than 60 days prior issuance of the first building or grading
permit and shall be recorded prior to issuance of the first building or grading permit. The recorded
Affordable Housing Agreement shall be binding on all future owners and successors in interest
18. 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.
19. 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.
20. All flashing, sheet metal vents, exhaust fans/ventilators, downspouts and pipe stacks shall be
painted to match the adjacent roof or wall material and/or color.
21. Plans shall show enhanced paving treatment using patterns and/or colored pavers, brick, or
decorative colored and scored concrete for the entry driveway, a minimum of twelve (12) feet
deep and spanning the width of the entry driveway. The decorative pavement shall use the
same color palette as the decorative pavement for building entries.
22. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so
required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of
an Outdoor Storage Plan and thereafter comply with the approved plan.
23. Developer shall submit and obtain City Planner approval of an exterior lighting plan including
parking areas. All lighting shall be designed to reflect downward and avoid any impacts on
adjacent homes or property.
24. The developer shall implement all measures identified within the Air Quality-GHG Report
(Birdseye Planning Group, December 2024), including dust control and mission control
measures.
25. Prior to issuance of the grading permit and removal of any trees within the public right-of-way,
Developer shall inform the Carlsbad Parks & Recreation Department in writing of said requested
removal(s) and obtain any required permits, to the satisfaction of the City Planner and Parks &
Recreation Director. 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. Satisfaction of this conditions may include a fee to cover the costs of planting provided
replacement tree(s) off-site.
26. 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.
Engineering Conditions
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval
of this proposed development, must be met prior to approval of a building or grading permit whichever
occurs first.
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. 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.
29. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover, etc.)
and irrigation along the parkway frontage with Roosevelt Street as shown on the Tentative
Map/Site Plan.
Fees/ Agreements
30. Developer shall cause property owner to execute and submit to the city engineer for recordation,
the city's standard form Geologic Failure Hold Harmless Agreement.
31. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
32. Developer shall cause property owner to submit an executed copy to the city engineer for
recordation a city standard Permanent Stormwater Quality Best Management Practice
Maintenance Agreement.
33. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for
recordation, an Encroachment Agreement covering private storm drainage located over proposed
public right-of-way or easements as shown on the site plan. The developer shall pay processing
fees per the city's latest fee schedule.
Grading
34. Based upon a review of the proposed grading and the grading quantities shown on the site plan,
a grading permit for this project is required. Developer shall prepare and submit plans and
technical studies/reports as required by city engineer, post security and pay all applicable grading
plan review and permit fees per the city's latest fee schedule.
35. Prior to 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
36. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants of the above
requirements.
37. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP
Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer
shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier
level Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer.
Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee
schedule.
38. This project is subject to 'Priority Development Project' requirements and trash capture
requirements. Developer shall prepare and process a Storm Water Quality Management Plan
(SWQMP), subject to city engineer approval, to comply with the Carlsbad BMP Design Manual
latest version. The final SWQMP required by this condition shall be reviewed and approved by the
city engineer with final grading plans. Developer shall pay all applicable SWQMP plan review and
inspection fees per the city's latest fee schedule.
39. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control
BMP and applicable hydromodification measures.
Dedications/Improvements
40. Developer shall cause owner to dedicate to the city and/or other appropriate entities for the
public street and utility purposes as shown on the site plan. The offer shall be made by a separate
recorded document. All land so offered shall be free and clear of all liens and encumbrances and
without cost to the city. Streets that are already public are not required to be rededicated.
Additional easements may be required at final design to the satisfaction of the city engineer.
41. Developer shall design the private streets, as shown on the (TENTATIVE MAP/SITE PLAN) to the
satisfaction of the city engineer. The structural section of all private streets shall conform to City
of Carlsbad Standards based on R-value tests. All private streets shall be inspected by the city.
Developer shall pay the standard improvement plan check and inspection fees for private streets.
42. Developer shall design the private drainage systems, as shown on the site plan 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.
43. 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.
44. Developer shall prepare and process public improvement plans and, prior to city engineer
approval of said plans, shall execute a city standard Development Improvement Agreement to
install and shall post security in accordance with C.M.C. Section 20.16.070 for public
improvements shown on the site plan. Said improvements shall be installed to city standards to
the satisfaction of the city engineer. These improvements include, but are not limited to:
A. 10-foot-wide sidewalk
B. Water and Irrigation Services & Appurtenances
C. Sewer Service
D. Tree Well
E. Curb and Gutter
F. Storm Drain
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.
45. Developer shall design, and obtain approval from the city engineer, the structural section for the
access aisles with a traffic index of 5.0 in accordance with city standards due to truck access
through the parking area and/or aisles with an ADT greater than 500. Prior to completion of
grading, the final structural pavement design of the aisle ways shall be submitted together with
required R-value soil test information subject to the review and approval of the city engineer.
46. Developer is responsible to ensure all existing overhead utilities servicing the subject property
are to be undergrounded as shown on the site plan and to the satisfaction of the city engineer.
No new or relocated utility poles are allowed.
47. 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 site plan and to
the satisfaction of the city engineer. These facilities shall be constructed within the property.
Utilities
48. 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
49. 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.
50. 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.
51. 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.
52. The developer shall design and agree to construct public water, sewer, and recycled water
facilities substantially as shown on the site plan to the satisfaction of the district engineer and city
engineer.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
53. 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.
54. 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 site plan are for planning purposes only.
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 §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 April 2, 2025, by the following vote, to wit:
AYES: Meenes, Foster, Hubinger, Merz
NAYES: None.
ABSENT: Burrows, Lafferty, Stine
ABSTAIN:
ROMEENES, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL STRONG
Assistant Director, Community Development Department