HomeMy WebLinkAbout2025-05-07; Planning Commission; Resolution 7541PLANNING COMMISSION RESOLUTION NO.7541
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT
PERMIT, COASTAL DEVELOPMENT PERMIT, AND MINOR SUBDIVISION TO
DEVELOP A VACANT 0.14-ACRE INFILL LOT WITH A TWO-UNIT
RESIDENTIAL AIR-SPACE CONDOMINIUM PROJECT CONSISTING OF TWO
ATTACHED, THREE-STORY DWELLING UNITS, LOCATED ON APN 210-062-
09-00, WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL
PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 3.
CASE NAME:
CASE NO.:
CARLSBAD BLVD HOMES
PUD 2024-0006/CDP 2024-0028/
MS 2024-0006 (DEV2024-0003)
WHEREAS, TIDES AT TERRAMAR LLC, "Developer/Owner," has filed a verified application
with the City of Carlsbad regarding property described as
THE LAND REFERRED TO HEREIN BELOW IS SITUATED CARLSBAD IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS
FOLLOWS: LOT 33 OF TERRAMAR UNIT NO. 1, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 2696, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, SEPT.6, 1950.
("the Property"); and
WHEREAS, said verified application constitutes a request for a Planned Development
Permit, Coastal Development Permit, and Tentative Parcel Map as shown on Exhibit(s) "A" -S" dated May
7, 2025, on file in the Planning Division, PUD 2024-0006/CDP 2024-0028/MS 2024-0006 (DEV2024-0003)
-CARLSBAD BLVD HOMES, as provided by Title 20 and Chapters 21.24, 21.45, and 21.201, of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on May 7, 2025, 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, Coastal Development Permit, and Minor Subdivision.
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) Pursuant to CEQA (Public Resources Code Sections 21000 et. seq.), and its implementing
regulations (the State CEQA Guidelines), a Class 3 exemption (CEQA Guidelines Section
15303(b) -New Construction or Conversion of Small Structures) relative to the Project
was prepared and the City Planner adopted on January 8, 2025, in accordance with
Carlsbad Municipal Code Section 19.04.060. This action was performed prior to the City
Council's adoption of updated CEQA procedures on February 4, 2025 (Ordinance CS-485).
Under the prior process, the City Planner had authority to make environmental
determinations for qualifying projects. Since no appeal was filed, the City Planner's
written decision is final and the CEQA determination is not within the Planning
Commission's purview. With the appropriate environmental clearances in place, all the
city's procedural requirements and relevant aspects of CEQA have been satisfied.
C) That based on the evidence presented at the public hearing, the Commission APPROVES
PUD 2024-0006/CDP 2024-0028/MS 2024-0006 (DEV2024-0003) -CARLSBAD BLVD
HOMES, based on the following findings and subject to the following conditions:
Findings:
Planned Development Permit (PUD 2024-0006)
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-15 Residential, which allows
residential development at a density range of 11.5-15 dwelling units per acre (du/ac). The
project site has a net developable acreage of 0.14 acres. As two residential units are proposed
(14.3 dwelling units per acre), the project complies with the R-15 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 21.24, Residential Density-
Multiple (RD-M) Zone, and 21.45 (Planned Developments) 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 two-unit residential air-space condominium project is
compatible with existing surrounding single-family and multiple-family residential uses as
permitted by the Residential Density-Multiple (RD-M) Zone and does not create any traffic or
circulation impacts, as Carlsbad Boulevard is adequately designed to accommodate the 16
Average Daily Trips (ADTs) being generated.
3. The project will not adversely affect the public health, safety, or general welfare, in that it
provides safe and adequate access, complies with applicable building and fire codes, and
includes modern construction standards that promote occupant safety and energy efficiency.
The proposed two-unit residential air-space condominium has been designed to integrate with
existing neighborhood infrastructure and services without placing undue burden on public
resources or facilities.
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 beach contemporary architectural style features clean rectangular massing,
a flat roof profile, and front-facing balconies oriented toward Carlsbad Boulevard. Exterior
materials include smooth stucco and horizontal siding in neutral color tones, with large window
openings to maximize coastal views. A conceptual landscape plan has been submitted for
review, and a final landscape plan is required to be approved prior to grading permit issuance.
All elements of the design-site layout, architecture, and landscaping-work together to create
a cohesive, high-quality residential development consistent with the surrounding
neighborhood.
Coastal Development Permit (CDP 2024-0028)
5. 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-15
Residential {11.5-15 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 development of a
vacant 0.14-acre infill lot with two attached, three-story residential air-space condominium
units. The proposed two-unit residential project, at a density of 14.3 du/ac, is consistent with
the R-15 Residential {11.5-15 du/ac) designation. The proposed structures will not obstruct
views of the coastline as seen from public lands or the public right-of-way, nor otherwise
damage the visual beauty of the coastal zone. No agricultural uses currently exist on the site,
and no sensitive coastal resources are located on the property. In addition, the proposed project
is not located in an area of known geologic instability or mapped flood hazard. Since the site
does not provide access to the coastline and is separated from the shoreline by existing
development, no public opportunities for coastal access are available from the subject site.
Furthermore, the residentially designated site is not suited for water-oriented recreational
activities.
6. 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 two-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 recreational activities.
7. 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 two-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 are located on the subject property, and the vacant infill site is not located in
an area prone to landslides or susceptible to accelerated erosion, flooding, or liquefaction.
8. The project is not located in the Coastal Agriculture Overlay Zone, as shown on Map X (Non-Prime
Agricultural Lands), Exhibit 2.2 of Chapter 11-1 of the certified Local Coastal Program. Therefore,
Agricultural Conversion Mitigation Fees are not required pursuant to Policy 2-1 of the Land Use
Plan and in accordance with the provisions of the Coastal Agriculture Overlay Zone (Chapter
21.202 of the Zoning Ordinance).
9. 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).
Minor Subdivision {MS 2024-0006)
10. 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 two-unit residential air-space
condominium project created through the minor subdivision satisfies all applicable
requirements of Title 20 and has been designed to comply with other applicable regulations,
including the Residential Density-Multiple (RD-M) Zone, the Planned Development Ordinance,
and the R-15 Residential General Plan Land Use designation.
11. That the proposed project is compatible with the surrounding future land uses since surrounding
properties are designated R-15 Residential for residential development at a density of 8-15
dwelling units per acre. Surrounding properties are also zoned Residential Density-Multiple
(RD-M) and One-Family Residential (R-1), and are developed with a mix of single-family
residences, duplexes, and multi-family residential units consistent with the proposed two-unit
project.
12. 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 applicable to the Residential
Density-Multiple (RD-M) Zone and the Planned Development Ordinance are incorporated into
the two-unit residential air-space condominium project.
13. 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 two-unit
residential air-space condominium project has been designed and conditioned so that there are
no conflicts with established easements. No frontage improvements are required as part of the
project, and the subdivision does not interfere with access or utility easements of record.
14. That the property is not subject to a contract entered into pursuant to the Land Conservation Act
of 1965 (Williamson Act).
15. 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.
16. 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.
17. 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 subject site is an infill lot, approximately 0.14 acre in size, that has been previously
graded and is surrounded by existing development. No sensitive biological resources are
present on-site, and the project will not result in a significant biological impact under CEQA.
However, in accordance with the City's Habitat Management Plan and applicable fee policies,
the project has been conditioned to pay a habitat mitigation fee based on the site's
classification as Type F (Disturbed Land). The current fee is $3,938.00 per acre, subject to change
in accordance with the city's adopted Master Fee Schedule.
18. 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 two-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
19. 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 May
7, 2025, 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.
20. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 3 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,
21. The Local Facilities Management fee for Zone 3 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 two-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 14.3 dwelling units per acre is consistent
with the R-15 Residential (8-15 du/ac) General Plan Land Use designation.
B. Housing -The proposal to construct two residential units on a vacant lot contributes to the
city's overall housing supply. The project has been conditioned to pay applicable housing in-
lieu fees pursuant to city policy and timing of permit issuance.
C. Mobility -The proposed project has been designed to meet all circulation requirements,
including vehicular access via two new driveways along Carlsbad Boulevard. The applicant
will be required to pay any applicable traffic impact fees prior to issuance of a building
permit.
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 -The project site is located within the 60-65 and 65-70 dB(A) CNEL future transit
noise contours, as shown in the City's General Plan Noise Element. In response to city
comments, the applicant submitted a detailed noise study prepared by Birdseye Planning
Group (October 2024.The study evaluated both interior and exterior noise exposure and
found that the project, as designed, complies with the city's applicable noise standards,
including those in the General Plan, the Noise Ordinance, and the Noise Guidelines Manual.
The study confirmed that interior noise levels will meet the 45 dB(A) standard and that
private outdoor open space areas, including upper-level balconies and rooftop decks, will
not exceed 60 dB(A). The report also concluded that construction and operational noise
impacts, including those associated with HVAC units and traffic exposure, will be less than
significant.
22. 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.
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 May
7, 2025.
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,
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, 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 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, 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 3 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.
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 3
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, 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 parcel map approval. Prior to Certificate of Occupancy, the Developer shall provide the
Planning Division with a recorded copy of the official CC&Rs that have been approved by the
Department of Real Estate and the City Planner. A "hold" will be placed on the building permit
(i.e., Certificate of Occupancy) to ensure that said CC&R's are received prior to issuance of
Certificate of Occupancy. At a minimum, the CC&Rs shall contain the following provisions:
a. General Enforcement by the City: The City shall have the right, but not the obligation, to
enforce those Protective Covenants set forth in this Declaration in favor of, or in which the
City has an interest.
b. Notice and Amendment: A copy of any proposed amendment shall be provided to the City in
advance. If the proposed amendment affects the City, City shall have the right to disapprove.
A copy of the final approved amendment shall be transmitted to City within 30 days for the
official record.
c. Failure of Association to Maintain Common Area Lots and Easements: In the event that the
Association fails to maintain the "Common Area Lots and/or the Association's Easements" as
provided in Article ___ _, Section _____ the city shall have the right, but not the
duty, to perform the necessary maintenance. If the city elects to perform such maintenance,
the city shall give written notice to the Association, with a copy thereof to the Owners in the
Project, setting forth with particularity the maintenance which the city finds to be required
and requesting the same be carried out by the Association within a period of thirty (30) days
from the giving of such notice. In the event that the Association fails to carry out such
maintenance of the Common Area Lots and/or Association's Easements within the period
specified by the city's notice, the City shall be entitled to cause such work to be completed
and shall be entitled to reimbursement with respect thereto from the Owners as provided
herein.
d. Special Assessments Levied by the City: In the event the City has performed the necessary
maintenance to either Common Area Lots and/or Association's Easements, the city shall
submit a written invoice to the Association for all costs incurred by the City to perform such
maintenance of the Common Area Lots and or Association's Easements. The city shall provide
a copy of such invoice to each Owner in the Project, together with a statement that if the
Association fails to pay such invoice in full within the time specified, the city will pursue
collection against the Owners in the Project pursuant to the provisions of this Section. Said
invoice shall be due and payable by the Association within twenty (20) days of receipt by the
Association. If the Association shall fail to pay such invoice in full within the period specified,
payment shall be deemed delinquent and shall be subject to a late charge in an amount equal
to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection
from the Association by means of any remedies available at law or in equity. Without limiting
the generality of the foregoing, in addition to all other rights and remedies available to the
city, the city may levy a special assessment against the Owners of each Lot in the Project for
an equal pro rata share of the invoice, plus the late charge. Such special assessment shall
constitute a charge on the land and shall be a continuing lien upon each Lot against which the
special assessment is levied. Each Owner in the Project hereby vests the city with the right
and power to levy such special assessment, to impose a lien upon their respective Lot and to
bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and
his/her respective Lot for purposes of collecting such special assessment in accordance with
the procedures set forth in Article ____ of this Declaration.
e. Landscape Maintenance Responsibilities: The 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 construct two air-
space condominium units on a vacant lot does require the payment of inclusionary housing in lieu
fees. Based on a total habitable floor area of 6,686 square feet (3,343 square feet per unit), the
estimated in-lieu fee is approximately $120,348.00, calculated at the current rate of $18.00 per
square foot. Final fee amounts shall be determined according to the Master Fee Schedule in effect
at the time of payment.
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 orfee, 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. 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.
21. 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.
22. 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:
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
23. 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.
24. 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.
25. Developer shall submit to the city engineer an acceptable instrument, via CC&Rs and/or other
recorded document, addressing the maintenance, repair, and replacement of shared private
improvements within this subdivision, including but not limited to private Utilities, landscaping,
Water Quality Treatment Measures, low impact development features, storm drain facilities, etc.
located therein and to distribute the costs of such maintenance in an equitable manner among
the owners of the properties within this subdivision. The CCR's shall include a requirement to
provide an annual verification of the effective operation and maintenance of each structural
treatment control BMP in accordance with the BMP maintenance agreement and the SWQMP.
The annual verification shall be submitted to the enforcement official in a format as approved by
the city prior to the start of the rainy season.
26. 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.
27. Developer shall prepare, submit and process for city engineer approval a Final map to subdivide
this project. There shall be one Final Map recorded for this project. Developer shall pay the city
standard map review plan check fees.
28. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this condition.
29. Property owner shall maintain all landscaping street trees, tree grates, shrubs, groundcover, etc.
and irrigation along the parkway frontage with Carlsbad Blvd as shown on the Tentative Map.
Fees/ Agreements
30. Developer shall cause property owner to execute and submit to the city engineer for recordation,
the city's standard form Geologic Failure Hold Harmless Agreement.
31. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
32. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for
recordation, an Encroachment Agreement covering private 18" storm drain located over existing
public right-of-way or easements as shown on the Tentative Parcel Map. developer shall pay
processing fees per the city's latest fee schedule.
Grading
33. 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.
34. 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
35. 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.
36. 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.
37. 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.
38. 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
39. 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.
40. 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.
41. 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 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. Water service lateral
C. Trench resurfacing
D. Grind and overlay between trenches
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.
42. 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
43. 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) Water service lateral
3) Trench resurfacing
4) Grind and overlay between trenches
B. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
C. Geotechnical Caution:
1) The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise
through any geological failure, ground water seepage or land subsidence and subsequent
damage that may occur on, or adjacent to, this subdivision due to its construction, operation
or maintenance.
D. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to
encroach within the area identified as a sight distance corridor as defined by City of Carlsbad
Engineering Standards or line-of-sight per Caltrans standards.
E. The owner of this property on behalf of itself and all of its successors in interest has agreed
to hold harmless and indemnify the City of Carlsbad from any action that may arise through
any diversion of waters, the alteration of the normal flow of surface waters or drainage, or
the concentration of surface waters or drainage from the drainage system or other
improvements identified in the city approved development plans; or by the design,
Utilities
construction or maintenance of the drainage system or other improvements identified in the
city approved development plans.
44. 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.
45. The developer shall design and agree to construct public water, and sewer facilities substantially
as shown on the Tentative Map to the satisfaction of the district engineer and city engineer.
46. The potable water service for this project shall be master metered, which shall be located within
a water easement subject to approval by the district engineer. Developer shall install private sub-
meters as necessary for all proposed units in the building. Final meter design, backflow preventer,
size, and manufacturer shall be provided to the satisfaction of the district engineer and shown on
public improvement plans.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
47. 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.
48. 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.
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 offinal 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 May 7, 2025, by the following vote, to wit:
AYES: Meenes, Burrows, Foster, Hubinger, Lafferty, Merz, Stine
NAYES: None.
ABSENT: None.
ABSTAIN: None.
Ro eenes, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
ERIC LARDY
City Planner