HomeMy WebLinkAbout2025-10-15; Planning Commission; Resolution 7557PLANNING COMMISSION RESOLUTION NO.7557
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CEQA EXEMPTION
DETERMINATION AND APPROVING CARLSBAD TENTATIVE TRACT MAP,
PLANNED DEVELOPMENT PERMIT AND COASTAL DEVELOPMENT PERMIT
TO ALLOW THE DEMOLITION OF AN EXISTING SINGLE-FAMILY
RESIDENCE, A DETACHED GARAGE AND A DETACHED PARK-MODEL
TRAILER, AND THE CONSTRUCTION OF FOUR, THREE-STORY, DETACHED
SINGLE-FAMILY HOME CONDOMINIUMS ON A 0.31-ACRE SITE LOCATED
AT 2618 JEFFERSON ST., WITHIN THE MELLO II SEGMENT OF THE LOCAL
COASTAL PROGRAM AND WITHIN LOCAL FACILITIES MANAGEMENT
ZONE 1.
CASE NAME: LAGUNA VIDA
CASE NO.: PUD 2024-0005/CDP 2024-0024/MS 2024-0005
(DEV 2024-0025)
WHEREAS, MATTHEW OSTROMAN, "Developer/Owner," has filed a verified application
with the City of Carlsbad regarding property described as
LOTS 1 AND 16 IN BLOCK 2 OF SUNNY SLOPE TRACT OF CARLSBAD, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO STATE OF CALIFORNIA,
ACCORDING TO THE MAP THEROF NO. 486, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY FEB. 7, 1888.
ALSO THE NORTH 5 FEET OF MITCHEL STREET ADJOINING SAID LOTS 1
AND 16 ON THE SOUTH AND LYING BETWEEN THE EAST LINE OF THE
FRONT AVENUE AND THE WEST LINE OF REECE AVENUE.
ALSO THAT PORTION OF THE ALLEY IN SAID BLOCK 2 LYING SOUTH OF
THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 1.
ALSO THE WEST HALF OF THAT PORTION OF REECE AVENUE LYING
BETWEEN THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT
16 AND THE SOUTH LINE OF SAID NORTH 5 FEET OF MITCHEL STREET.
ALL OF SAID PORTION OF STREET AND ALLEY AS CLOSED TO PUBLIC USE
BY AN ORDER OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY
ON MARCH 21, 1893.
("the Property"); and
WHEREAS, said verified application constitutes a request for a Planned Development
Permit, Coastal Development Permit, and Tentative Tract Map as shown on Exhibit(s) "A" -"X" dated
OCT. 15, 2025, on file in the Planning Division, PUD 2024-0005/CDP 2024-0024/MS 2024-0005 (DEV2024-
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0025) -LAGUNA VIDA, as provided by Chapter 21.16, 21.45, 21.201, and 20.24 of the Carlsbad Municipal
Code;and
WHEREAS, t he Planning Commission did, on OCT. 15, 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
Tentative Tract Map, Planned Development Permit, and Coastal Development Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) Compliance with CEQA. The proposed action to demolish an existing single-family
residence, a detached garage and a detached tiny home, and the construction of four,
three-story, detached single-family home condominiums is categorically exempt from
environmental review under CEQA Guidelines section 15332 (Class 32 -Infill
Development Projects), which allows for infill development projects that meets certain
criteria, such as being surrounded by urban uses and not resulting in significant impacts.
No exceptions to the categorica l 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.
C) That based on the evidence presented at the public hearing, the Commission APPROVES
PUD 2024-0005/CDP 2024-0024/MS 2024-0005 (DEV2024-0025)-LAGUNA VIDA, based
on the following findings and subject to the following conditions:
Findings:
Planned Development Permit {PUD 2024-0004)
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 Municipa l Code, in
that the R-15 General Plan Land Use designation allows residential development at a density
range of 11.5 to 15 dwelling units per acre (du/ac). The project site has a net developable
acreage of 0.30 acres. As four single-family dwelling units are proposed (13.1 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 standards applicable to the property as
contained in Chapters 21.16 (Multiple-Family Residential Zone (R-3)) and 21.45 (Planned
Developments) of the Carlsbad Municipal Code.
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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 4-unit residential condominium project is compatible with
existing surrounding single-family and multi-family residential uses as permitted by the
Multiple-Family Residential {R-3) Zone and adjacent Single-Family Residential {R-1) Zone, and
does not create any traffic or circulation impacts as Jefferson Street is adequately designed to
accommodate the 32 Average Daily Trips {ADTs) being generated.
3. The project will not adversely affect the public health, safety, or general welfare, in that the 4-
unit residential condominium project has been designed to comply with all applicable
development standards to ensure compatibility with surrounding multiple-family,
condominium, and single-family residential uses.
4. The project's design, including architecture, streets, and site layout a) cont ributes 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 4-unit residential condominium project is arranged with units along a private
drive aisle that is enhanced by decorative pavers and landscaping. The four-building
configuration of three-story buildings with attached garages are architecturally harmonious
with each other and include a variety of exterior materials and colors that are complementary
of each other. Primary building materials include finish stucco, brick veneer, and hardie siding;
utilizing white, light gray, dark gray, blue, blue-green, reddish purple, and beige as primary color
values. Light gray thermoplastic polyolefin {TPO) with weldable ribs cover a 1 ½:12-pitched roof
on each building. All elements {i.e., site layout, architecture, landscaping) create continuity in
the overall project design.
Coastal Development Permit {CDP 2024-0021)
5. That the proposed development is in conformance w ith the Mello II Segment of t he Certified
Local Coastal Program (LCP) and all applicable policies, in that the site is designated R-15
Residential {11.5-15 du/ac) for multi-family residential development by the Mello II LCP. The
project consists of the demolition of a single-family residence, detached garage, and detached
tiny home and the construction of 4 detached, three-story single-family home condominiums.
The proposed project is compatible with the surrounding existing single-family and multi-family
residential structures. The three-story structures will not obstruct views of the coastline as seen
from public lands or the public right-of-way, nor otherwise damage the visual beauty of the
Coastal Zone. No agricultural uses currently exist on the site, nor are there any sensitive
resources located on-site. The proposed project is not located in an area of known geological
instability or flood hazard. Since the site does not have frontage along the coastline, no public
opportunities for coastal shoreline access are available from the subject site. Furthermore, the
residentially designated site is not suited for water-oriented recreation activities.
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 4-unit
residential condominium project will not interfere with the public's right to physical access to
the ocean and, furthermore, the residentially designated site is not suited for water-oriented
recreation activities.
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7. That the project is consistent with the provisions of the Coastal Resource Protect ion Overlay Zone
(CMC Chapter 21.203 of the Zoning Ordinance) in that the 4-unit residential condominium
project will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm Water
Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to
avoid increased urban runoff, pollutants, and soil erosion. No steep slopes or native vegetation
is located on the subject property and the site is not located in an area prone to landslides, or
susceptible to accelerated erosion, floods, or liquefaction.
8. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X of the Land
Use Plan, certified September 1990 and Agricultural Conversion Mitigation Fees are not required
in accordance with the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the
Zoning Ordinance).
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 2024-0005)
1. That the land proposed for division was created legally, in that the land is comprised of Lots 1
and 16 in Block 2 of Sunny Slope Tract according to map thereof No. 486, filed in the Office of
the County Recorder of San Diego County Feb. 7, 1888. No evidence has been found to indicate
the parcel was created illegally.
2. The subdivision does not create five or more lots, inclusive of the total number of lots in a parcel
map of which the subject land is a part of and which was approved or recorded less than two
years prior to the filling of the subject tentative parcel map; in that the proposed one-lot, four-
unit airspace subdivision results in fewer than five lots, consistent with the definition and
limitations applicable to parcel maps under the Subdivision Map Act and the Carlsbad Municipal
Code. Review of city records confirms that no other parcel maps involving the subject property
have been approved or recorded within the past two years that would cause the cumulative
total to exceed this threshold.
3. That the land proposed for division is not part of an approved tentative parcel map wherein the
parcel map requirement was waived pursuant to provisions of this division and a certificate of
compliance has been filed with the County Recorder pursuant to Chapter 20.48 of Carlsbad
Municipal Code Title 20, in that city records confirm that the subject property is not part of any
prior tentative parcel map.
4. 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 Municipa l Code, and the State Subdivision Map Act,
and will not cause serious public health problems, in that the 4-unit residential air-space
condominium project created through the minor subdivision satisfies all the minimum
requirements of Carlsbad Municipal Code Title 20 and has been designed to comply with other
applicable regulations including the Multiple-Family Residential (R-3) Zone, the Planned
Development Ordinance, and the R-15 General Plan Land Use designation.
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5. That all approvals and permits required by Carlsbad Municipal Code Title 21 for the project have
been obtained or will be concurrently obtained with the approval of the subdivision, in that the
4-unit residential air-space condominium project created through the minor subdivision is
concurrently obtaining a Planned Development Permit, PUD 2024-0005, and a Coastal
Development Permit (CDP 2024-0021} in accordance with Carlsbad Municipal Code Title 21.
6. That the proposed project is compatible with the surrounding future land uses since surrounding
properties are developed and are currently designated as R-4 or R-15 Residential in the General
Plan. The proposed development is in conformance with the applicable goals and policies of the
General Plan because the land use designation allows for residential uses on the project site.
The subject property is bordered on all sides by existing single-family and multi-family
residential development and the project's bulk, size, and scale is consistent with the patterns
established on adjoining properties. Given the existing, surrounding development, the
residential condominium project is compatible with existing and future land uses.
7. That the site is physically suitable for the type and density of the development since the site is
adequate in size and shape to accommodate residential development at the density proposed, in
that all required development standards and design criteria required by the Multiple-family
Residential (R-3) Zone and the Planned Development Ordinance are incorporated into the four-
unit residential air-space condominium project.
8. 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 publ ic at large, for
access through or use of property within the proposed subdivision, in that the 4-unit residential
condominium project has been designed and conditioned so that there are no conflicts with
established easements.
9. That the property is not subject to a contract entered into pursuant to the Land Conservation Act
of 1965 (Williamson Act).
10. That the design of the subdivision provides, to the extent feasible, for future passive or natural
heating or cooling opportunities in the subdivision, in that structures include operable windows
on all elevations and balconies to maximize exposure of each unit to natural light and
ventilation from nearby coastal breezes.
11. 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.
12. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in
that the 4-unit residential condominium project site has been previously developed or
disturbed with the development of a single-family residential structure, a detached garage, and
a detached tiny home, and is surrounded by existing single-family and multi-family residential
development. Furthermore, the project site is devoid of sensitive vegetation and any natural
water features which would support habitat for threatened or endangered species.
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13. That the discharge of waste from t he subdivision will not result in violation of existing California
Regional Water Quality Control Board requirements, in that the project has been designed in
accordance with the Best Management Practices for water quality protection in accordance
with the City's sewer and drainage standards and the project is conditioned to comply with the
National Pollutant Discharge Elimination System (NPDES) requirements.
14. The proposed parcel map meets or performs all applicable requirements of the Subdivision Map
Act and that none of the findings (a) through (g) in Section 66474 of the California Government
Code that require a city to deny approval of a parcel map apply to the project.
15. That the proposed subdivision complies with all requirements of the hillside development
regulations, Chapter 21.95 of the Carlsbad Municipal Code, in that the subject lot is flat and
therefore not subject to the requirements of the Hillside Development Ordinance, Chapter
21.95 of the Carlsbad Municipal Code.
Conditions:
NOTE: Unless specifically stated in the condit ion, 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, t he 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 Permit.
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 Permit document s, 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 al l applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
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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 Permit (b) city's approval or issuance of any permit or action,
whether discretionary or nondiscretionary, in connection w ith 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 t he emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until al l legal
proceedings have been concluded and continues even if the city's approval is not va lidated.
6. Prior to submitting the building plans, improvement plans, grading plans, or final map, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Tentative Tract
Map, Site Plan, conceptual grading plan and preliminary utility plan reflecting the condit ions
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 faci lities.
8. This project shall comply with all conditions and mitigation measures which are req uired as part
of the Zone 1 Local Faci lities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
9. This approval shall become null and void if building permits are not issued for this project and
substantial work has been performed with at least one major inspection (foundation, underfloor,
frame, or final) conducted by the city within 36 months of project approval.
10. Building permits will not be issued for this project unless the loca l 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 t he
building permit, and that water and sewer capacity and facilities will continue to be available until
the time of occupancy. The applicant acknowledges that sewer connection(s) for the Project will
not be available until that segment of existing 8" sewer main in Jefferson Street between Buena
Vista Way and Laguna Drive is upsized to the satisfaction of the City Engineer. A note to this
effect shall be placed on the Final Map.
In order to facilitate this goal, the city may enter into an agreement with property owners
willing or required to construct public sanitary sewer infrastructure in order to reimburse those
constructing the work for a fair share of the direct cost of construction collected from properties
that directly benefit from that construction. The Developer may prepare and process public
improvement plans and, prior to City Engineer approval of said plans, shall execute a city
standard agreement to install and shall post security in accordance with Carlsbad Municipal
Code Section 20.16.070 for public improvements. Said improvements shall be installed to city
standard to the satisfaction of the City Engineer.
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11. Developer shal l 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 aut horized by Carlsbad Municipal Code Section
5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1
pursuant to CMC Chapter 21.90. All such taxes/fees shall be pa id 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 part ies and successors in interest
that the City of Carlsbad has issued a Planned Development Permit, Coastal Development
Permit, and Minor Subdivision Permit 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 w ith 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 Fina l 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 w ithout 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 federa l 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 fina l tract map approval. Prior to Certificate of Occupancy, the Developer shall provide the
Planning Division with a recorded copy of t he official CC&Rs t hat 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, t he CC&Rs shall contain the following provisions:
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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 t he 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 _____ _
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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 t he city any applicable inclusionary housing in lieu fees. The proposal to construct fou r air-
space condominium units requires t he payment of an inclusionary housing in-lieu fee. Based on a
total habitable floor area of 10,285 square feet for the four units, the estimated in-lieu fee is
approximately $185,130.00, calculated at the current rate of $18.00 per square foot of net
building area. 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 or fee, and that the school
district is the taxing agency responsible for the financing mechanism. The form of notice is subject
to the approval of the City Planner and shall at least include a handout and a sign inside the sales
facility, or inside each unit, stating the fact of a potential pass-through of fees or taxes exists and
where complete information regarding those fees or taxes can be obtained.
20. Developer shall subm it and obtain City Planner approval of an exterior lighting plan including
parking areas. All lighting shall be designed to reflect downward and avoid any impacts on
adjacent homes or property.
21. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the City
Planner, in the sales office or inside each unit, at all times. All sales maps that are distributed or
made available to the public shall include but not be limited to trails, future and existing schools,
parks, and streets.
22. Developer sha ll post a sign in the sales office, or inside each unit, in a prominent location that
discloses which special districts and school district provide service to the project. Said sign shall
remain posted until ALL of t he units are sold.
23. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in substance
as provided in Building Department Policy No. 80-6, to the satisfaction of the City Planner and
Building Official.
24. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so
required, the Developer shall submit and obtain approval ofthe Fire Chief and the City Planner of
an Outdoor Storage Plan, and thereafter comply with the approved plan.
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25. Prior to issuance of a grading permit or the commencement of any ground-disturbing activities,
whichever occurs first, Developer shall:
a. Retain the services of a qualified archaeologist who shall be on-site to monitor ground
disturbing activities. In the event cultural resource material is encountered, the
archaeologist is empowered to temporarily divert or halt grading to allow for coordination
with the Luiseno Native American monitor and to determine the significance of the
discovery. The archaeologist shall follow all standard procedures for cultural resource
materials that are not Tribal Cultural Resources, in accordance with applicable laws and
regulations including but not limited to the Carlsbad Tribal, Cultural and Paleontological
Resources Guidelines (2017).
b. Enter into a Pre-Excavation Agreement, otherwise known as a Tribal Cultural Resources
Treatment and Tribal Monitoring Agreement, with the San Luis Rey Band of Mission Indians,
or other Luiseno Native American tribe that meets all standard requirements of the tribe
for such Agreements, in accordance with applicable laws and regulations including but not
limited to the Carlsbad Tribal, Cultural and Paleontological Resources Guidelines (2017).
This agreement will address provision of a Luiseno Native American monitor and contain
provisions to address the proper treatment of any Tribal Cultural Resources and/or Native
American human remains inadvertently discovered during the course of the project. The
agreement will outline the roles and powers of the Luiseno Native American monitor and
the archaeologist.
c. Implement the measures, formulated in accordance with the requirements of state and
local agencies and established professional guidelines, outlined in Section 7.0
Recommendations of the Paleo Resource Specialists Paleontological Resource Impact
Evaluation Report dated August 2024.
Engineering:
General
26. 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.
27. 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.
28. 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 (streets, utilities,
sidewalks, landscaping, enhanced paving, low impact development features, storm drain facil ities,
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
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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.
29. Developer shall prepare, submit and process for city engineer approval a final map to subd ivide
this project. There shall be one Final Map recorded for this project. Developer shall pay the city
standard map review plan check fees.
30. 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.
31. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover, etc.)
and irrigation along the parkway frontage with Jefferson Street as shown on the Tentative
Map/Site Plan.
Fees/ Agreements
32. Developer shall cause property owner to execute and submit to the city engineer for recordation,
the city's standard form Geologic Failu re Hold Harmless Agreement.
33. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
34. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for
recordation, an Encroachment Agreement covering private curb outlet located over (existing)
public right-of-way or easements as shown on the (site plan). developer shall pay processing fees
per the city's latest fee schedule.
Grading
35. 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 requi red by city engineer, post security and pay all applicable grading
plan review and permit fees per the city's latest fee schedule.
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.
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37. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP
Tier Level and Construction Threat Level Form pu rsuant 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. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc) incorporate all source cont rol, site design, pollutant control
BMP and applicable hydromodification measures.
39. 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 ofthe city engineer.
Dedications/Improvements
40. Developer shall cause owner to dedicate to the city and/or other appropriate entities for the
(public street & public utility) purposes as shown on the (site plan). The offer shall be made by a
(certificate on the final map or 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 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.
42. 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.
43. Developer shall prepare and process public improvement plans and, prior to city engineer
approval of said plans, shall execute a city standard (SUBDIVISION/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/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. Driveways
B. Water service laterals
C. Sewer service laterals
D. Trench resurfacing
E. Grind and overlay between trenches
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Additional public improvements required in other conditions of this resolution are hereby
included in the above list by reference. Developer shall pay the standa rd 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.
44. Developer shall design, and obtain approval from the city engineer, t he 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 wit h
required R-value soil test information subject to the review and approval of the city engineer.
45. Developer is responsible to ensure utility t ransformers 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 facilit ies shall be constructed within the property.
Non-Mapping Notes
46. 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 CMC Section 20.16.070 to install public improvements
shown on the (site plan). These improvements include, but are not limited to:
1) Driveways
2) Water service laterals
3) Sewer service laterals
4) Trench resurfacing
5) 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 Ca ltrans standards.
G. 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
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Utilities
or drainage, or the concentration of surface waters or drainage from the drainage system
or other improvements identified in the city approved development plans; or by the
design, construction or maintenance of the drainage system or other improvements
identified in the city approved development plans.
H. There are no public park or recreational facilities to be located in whole or in part within
this subdivision. The subdivider is therefore obligated to pay park-in-lieu fees in
accordance with CMC Section 20.44.050 and has either paid all of said park in-lieu fees or
agreed to pay all of said park-in-lieu fees in accordance with CMC Section 20.16.070.
47. 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
48. Developer shall install potable water and/or recycled water services and meters at locations
approved by the district engineer. The locations of said services shall be reflected on public
improvement plans.
49. The developer shall agree to install sewer laterals and clean-outs at locations approved by the city
engineer. The locations of sewer laterals shall be reflected on public improvement plans.
SO. 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.
51. Prior to t he issuance of Building permits, the developer shall pay a special (or separate) sewer
connection fee for the development project's proportionate share of sewer capacity (in
Equivalent Dwelling Units) to be constructed for the Jefferson Street Sewer Replacement project,
Capital Improvement Program Project No. 2615.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
52. 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.
53. 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.
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Fire
54. Fire Lane Identification -Fire lane identification will be required when it is necessary to restrict
parking of vehicles in order to maintain the required width of fire access roadways for
emergency vehicle use. Fire lane require an acceptable method of marking that shall be
approved prior to installation. Examples of dimensions and acceptable options for signage
installations and markings are:
Or
a. Marked with red curbs painted OSHA safety red and marked with "FI RE LANE -NO
PARKING" painted on top of curb in 3" white lettering at a spacing of 30' on center
or portion thereof.
b. "Fire Lane-No Parking" signs sha ll be posted immediately adjacent to each
designated fire lane and at intervals not to exceed 50 feet.
Parks & Recreation
55. Prior to issuance of a building permit, t he developer shall pay an in-lieu fee for the city
to plant and care for a street tree in the vicinity of the applicant's project site to the
satisfaction of the Parks & Recreation Department.
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NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's
decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in
writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal
prior to any judicial review.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest
them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the
protest and any other required information with the City Manager for processing in accordance with
Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent
legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on Oct. 15, 2025, by the following vote, to wit:
AYES: Meenes, Burrows, Fitzgerald, Foster, Hubinger, Lafferty, Merz
NAYES: None.
ABSENT: None.
ABSTAIN: None.
ROY MEENES, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
ERIC LARDY, City Planner