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HomeMy WebLinkAboutSDP 2024-0028; MADISON AND PALM HOMES; Admin Decision Letter{city of Carlsbad December 18, 2025 ELIZABETH SPECK VECK BUILDING GROUP PO BOX 2085, CARLSBAD, CA 92008 SUBJECT: SDP 2024-0028/MS 2024-0009 (DEV2024-0056) -MADISON AND PALM HOMES -Request for approval of a Minor Site Development Plan (SDP 2024-0028) and Minor Subdivision (MS 2023-0008) to demolish all existing structures onsite and subdivide the existing 0.258-acre (11,226 sq. ft.) parcel into three lots (approximately 3750 SF each). Each lot will be developed with a two or three-story single-family residence with attached garage, accessory dwelling unit (ADU), and a junior accessory dwelling unit (JADU). The project site is located at 3516 Madison Street, within the Barrio Center (BC) District of the Village and Barrio Master Plan (VBMP) and Local Facilities Management Zone 1. Dear Josh Mazur, The City Planner has completed a review of your application for a Minor Site Development Plan and Minor Subdivision to subdivide an existing lot with two single-family residences into three lots, each containing a new single-family dwelling and each with an ADU and JADU, located at 3516 Madison Street. A notice was sent to property owners within a 300-foot radius of the subject property requesting comments regarding the above request. Comments were received within the ten-day notice period (ending on October 27, 2025) and a request for an Administrative Hearing was filed. On November 24, 2025, the City Planner held an Administrative Hearing to consider said request. Public testimony was given regarding the building design, drainage, landscaping, and parking. After careful consideration of the evidence presented at the Administrative Hearing, the City Planner has made a decision pursuant to Section 21.45.050 of the City of Carlsbad Municipal Code to APPROVE this request based on the following findings and subject to the conditions listed below. Community Deve lopment Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 SDP 2024-0028/MS 2024-0009 (DEV2024-0056)-MADISON AND PALM HOMES December 18, 2025 Pa e 2 Findings: SDP 2024-0028 1. That the requested development or use is properly related to the site, surroundings and environmental settings, will not be detrimental to existing development or uses or to development or uses specifically permitted in the area in which the proposed development or use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that the project consists of the demolition of an two existing single-family residences and the creation of three lots (approximately 3750 SF each), each developed with a single-family residence, an attached or detached accessory dwelling unit (ADU) and a junior accessory dwelling unit (JADU) on a 0.258-acre (11,226 sq. ft.) lot located on the corner of Madison Street and Palm Avenue, 3516 Madison Street. The site is located in a neighborhood of existing single-family and multiple- family residential developments and other urban and residential uses such as preschools and outdoor recreational facilities. The proposed development, at a density of 11.6 du/ac, is consistent with the Village and Barrio Master Plan's residential density standard of 8-15 du/ac for the Barrio Center District of the master plan. The project is consistent with the various elements and objectives of the General Plan as discussed in the findings below. The proposed residential project will not be detrimental to existing uses or to uses specifically permitted in the area in which the use is located in that residential use is a permitted use within the Barrio Center (BC) district of the Village and Barrio Master Plan Zone and is compatible with the other residential uses surrounding the project site, including single-family and multiple-family residential developments and other urban and residential uses such as preschools and outdoor recreational facilities. The residential project, comprised of three new single-family lots, will not adversely impact the site, surroundings, or traffic circulation in that project will only generate 24 average daily trips (ADT). The project complies with all minimum development standards of the Village and Barrion Master Plan and the Carlsbad Municipal Code. Furthermore, the vehicle parking provided by the project is consistent with state and local standards and does not result in any significant environmental impacts. 2. That the site for the intended development or use is adequate in size and shape to accommodate the use, in that the residential project complies with all development standards (i.e. lot size and width, front, side and rear setbacks, lot coverage, number of parking spaces, and height restrictions) of the Village and Barrio Master Plan and Carlsbad Municipal Code. 3. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested development or use to existing or permitted future development or use in the neighborhood will be provided and maintained, in that the residential project complies with all applicable development standards (i.e. setbacks, lot coverage, Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 SOP 2024-0028/MS 2024-0009 (DEV2024-0056) -MADISON AND PALM HOMES December 18, 2025 Pa e 3 parking, and height restrictions) of the Village and Barrio Master Plan and Carlsbad Municipal Code. The curb, gutter, and sidewalk on the project street frontages, Madison Streer and Palm Ave., will be replaced to accommodate the new driveway approaches. In addition to the above, all proposed walls/fences on the property comply with the master plans and/or Zoning Code, and proposed landscaping is consistent with the Landscape Manual. 4. That the street systems serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use, in that the residential project will take access from either Madison Street or Palm Ave., which are identified as local streets and designed to adequately handle any additional trips generated by the project. The proposed project will replace the curb, gutter, and sidewalk along both Madison Street and Palm Ave. frontages and will establish new driveway approach locations and modifications to utilities consistent with engineering standards. MS 2024-0009 5. 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 Village and Barrio Master Plan allow for development of a single-family residences, with attached or detached accessory dwelling units (ADU) and a junior accessory dwelling units (JADU) on small lots with a minimum lot size of 3,500 square feet within the Barrio Center (BC) district when lot are at least 40 feet in width. The proposed lots comply with the minimum requirements of Titles 20 and 21 and the Village and Barrion Master Plan, and the project has been designed to comply with all other regulations. 6. That the proposed project is compatible with the surrounding future land uses since surrounding properties are developed, are currently designated as Village-Barrio (VB) in the General Plan and are located in the Barrio Center (BC) District of the Village and Barrio Master Plan. The subject property in the BC District is surrounded by a variety of development, including single-family and multiple-family residential developments and other urban and residential uses such as preschools and outdoor recreational facilities within the Village and Barrio Master Plan (VBMP). Residential uses are permitted by right on small lots in the BC District. Given the surrounding uses, which are allowed in the surrounding BC District, the proposed three lot subdivision 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 the Barrio Center (BC) District within the Village and Barrio Master Plan (VBMP) allows residential development at a density range of 8 to 15 dwelling units Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 SDP 2024-0028/MS 2024-0009 (DEV2024-0056)-MADISON AND PALM HOMES December 18, 2025 Pa e 4 per acre. Based on a net acreage of 0.258 acres, the proposed three lot, small-lot subdivision has a density of 11.6 dwelling units per acre. As the proposed project falls within the allowable density range and meets all required development standards, the project site will accommodate the proposed density. 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 public at large, for access through or use of property within the proposed subdivision, in that the project site has no existing or proposed 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 the proposed residential units have multiple windows on all sides of the buildings to take advantage of natural heating and cooling opportunities. 11. That the City Planner 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 and wildlife or their habitat, in that the project site is currently developed with two single-family dwellings, and the project site does not contain any sensitive resources. 13. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management Practices for water quality protection in accordance with the City's sewer and drainage standards. General 14. The City Planner finds that the project, as conditioned herein, is in conformance with the Elements of the City's General Plan, including, but not limited to the following: a. Land Use -The proposed project, which includes the subdivision of the property into three lots, and each lot developed with a single-family residence, attached or detached accessory dwelling unit (ADU} and a junior accessory dwelling unit (JADU}, would enhance the vitality of the Village and Bario area by providing new residential land uses in the Barrion Center (BC} District of the Village and Barrio Master Plan (VBMP}. The project reinforces the pedestrian orientation desired for the area by Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 SDP 2024-0028/MS 2024-0009 (DEV2024-0056) -MADISON AND PALM HOMES December 18, 2025 Pa e 5 providing residents with an opportunity to walk to shopping, recreation, and mass transit. The project's proximity to existing bus routes and mass transit would help to further the goal of providing new economic development near transportation corridors. Overall, the residential project would contribute to the revitalization of the BC District. b. Mobility -The proposed project has been designed to meet circulation requirements, which include maintaining or enhancing frontage improvements consisting of walkways and landscaping. In addition, the applicant would be required to pay traffic impact fees prior to the issuance of building permits that would go toward future road improvements. The proposed project is located less than one mile from the Carlsbad Village train station which provides rail and bus service throughout the day. The project's proximity to the transit station would provide residents with the opportunity to commute to major job centers, thereby reducing vehicle miles traveled (VMTs) and their carbon footprint. Furthermore, the project supports walkability and mobility by locating the project near existing goods and services within the Village. c. Noise -The proposed project is consistent with the Noise Element of the General Plan in that noise levels would be below the City's interior and exterior noise standards for single-family residences. Private yards for the single-family residences would be partially or fully shielded from traffic noise on Madison Street and Palm Avenue by the proposed two-story and three-story residential buildings, which would reduce exterior noise levels to below 60 dBA CNEL. Additionally, the project is designed to have mechanical ventilation systems that allow windows to be closed for a prolonged period of time, and with windows closed, the interior noise levels would be below the city's interior noise standard of 45 dBA CNEL (LSA Associates, August 28, 2024). d. Housing-The proposal to demolish two residential units and construct a three-unit residential condominium project has been conditioned to pay the applicable housing in-lieu fee for three units if building permits for the project have not been applied for within two years of demolishing the two existing residential units. If building permits have been applied for within two years of demolishing the two existing residential units, a housing in-lieu fee for one unit will be required. e. Public Safety -The proposed structural improvements would be required to meet all seismic design standards. In addition, the proposed project is consistent with the applicable fire safety requirements. The project would be required to develop and implement a program of "best management practices" for the elimination and reduction of pollutants which enter into and/or are transported within storm drainage facilities. The project has been conditioned to pay all applicable public facilities fees for Zone 1. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 SDP 2024-0028/MS 2024-0009 (DEV2024-0056)-MADISON AND PALM HOMES December 18, 2025 Pa e 6 f. Barrio Center District Standards -The project as designed is consistent with the development standards for the Barrio Center District and all other applicable regulations set forth in the Village and Barrio Master Plan. The project does not request any deviations to the development standards, and all required parking is located on-site. 15. That the City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15303(a) (New Construction or Conversion of Small Structures) Class 3 Categorical Exemption of the state CEQA Guidelines. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 16. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 17 . The City Planner has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of the associated Tentative Parcel Map (MS 2024-0028). 1. Approval is granted for SOP 2024-028/MS 2024-0009 as shown on Exhibit "A" -"X" dated December 18, 2025 on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions 2. 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 Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 SDP 2024-0028/MS 2024-0009 (DEV2024-0056) -MADISON AND PALM HOMES December 18, 2025 Pa e 7 or a successor in interest by the city's approval of this Site Development Plan and Minor Subdivision. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Site Development Plan 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. 4. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5. 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 withou.t the condition complies with all requirements of law. 6. 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 ofthis Site Development Plan 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. 7. 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. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 SDP 2024-0028/MS 2024-0009 (DEV2024-0056) -MADISON AND PALM HOMES December 18, 2025 Pa e 8 8. 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. 9. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 10. This approval shall become null and void if building permits are not issued for this project within 36 months from the date of project approval. 11. 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. 12. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1 pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 13. 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 Site Development Plan 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. 14. 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. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 SDP 2024-0028/MS 2024-0009 (DEV2024-0056)-MADISON AND PALM HOMES December 18, 2025 Pa e 9 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. 15. 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. 16. Prior to issuance of grading and building permits, Developer shall list the following condition on all grading and building permit construction plans. Construction activities shall take place during the permitted time and day per Carlsbad Municipal Code Chapter 8.48. Developer shall ensure that construction activities for the proposed project are limited to the hours from 7:00 a.m. to 6:00 p.m. Monday through Friday, and 8:00 a.m. to 6:00 p.m. on Saturdays; no work shall be conducted on Sundays or on federal holidays. 17. At issuance of building permits, or prior to the approval of a final parcel map, the Developer shall pay to the city an inclusionary housing in lieu fee as an individual fee on a per market rate dwelling unit basis in the amount in effect at the time, as established by City Council Resolution from time to time. The proposal to demolish two single-family residences and construct three single-family residences requires the payment of the applicable in-lieu fee for one unit, or three units if building permits for the three-unit project have not been applied for within two years of demolishing the existing two single- family residences. 18. 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. 19. Developer shall submit and obtain City Planner approval of an exterior lighting plan including parking areas. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. 20. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the City Planner, inside each unit until sold. All sales maps that are distributed or made Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 SOP 2024-0028/MS 2024-0009 (DEV2024-0056)-MADISON AND PALM HOMES December 18, 2025 Pa e 10 available to the public shall include but not be limited to information on trails, future and existing schools, parks, and streets. 21. Developer shall post a sign inside each unit, in a prominent location that discloses which special districts and school district provide service to the project. Said sign shall remain posted until the individual unit is sold. 22. 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. 23. No outdoor storage of materials shall occur on site 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 . 24. 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 Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 SDP 2024-0028/MS 2024-0009 (DEV2024-0056) -MADISON AND PALM HOMES December 18, 2025 Pa e 11 Engineering 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 parcel map, building or grading permit whichever occurs first. General 25. 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. 26. 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. 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, shrubs, groundcover, etc.) and irrigation along the parkway frontage with Madison Street and Palm Avenue 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 submit an executed copy to the city engineer for recordation a city standard Permanent Stormwater Quality Best Management Practice Maintenance Agreement. 33. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for recordation, an Encroachment Agreement covering private [Sidewalk, Sidewalk underdrains] located over (existing) public right-of-way or easements as shown Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 SDP 2024-0028/MS 2024-0009 (DEV2024-0056) -MADISON AND PALM HOMES December 18, 2025 Pa e 12 on the (tentative map). developer shall pay processing fees per the city's latest fee schedule. 34. Developer shall cause owner to execute, for recordation, a city standard Local Improvement District Agreement to pay fair share contributions for undergrounding of all existing overhead utilities and installation of street lights, as needed, along the subdivision frontage, should a future district be formed. Grading 35. 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. 36. Concurrent with the grading plans Developer shall include shoring plans as part of the grading plans to the satisfaction of the city engineer and building official. Structural calculations for all shoring shall be submitted for review and approval by the building division. Developer shall pay all deposits necessary to cover any 3rd party review. Storm Water Quality 37. 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. 38. 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. 39. This project is subject to Trash Capture requirements. Developer shall prepare and process a Trash Capture Storm Water Quality Management Plan (TCSWQMP), subject to city engineer approval, to comply with the Carlsbad BMP Design Manual latest version. The final TCSWQMP required by this condition shall be reviewed and approved by the city engineer with final grading plans and/or building plans, whichever occurs first. Developer Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 SDP 2024-0028/MS 2024-0009 (DEV2024-0056) -MADISON AND PALM HOMES December 18, 2025 Pa e 13 shall pay all applicable SWQMP plan review and inspection fees per the city's latest fee schedule. 40. 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. 41. 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 42. 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. 43. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a right-of-way permit to the satisfaction of the city engineer. 44. Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, shall execute a city standard (subdivision) Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the (tentative map). Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: A. Curb and Gutter B. Sidewalk C. Pedestrian Ramp D. Water service laterals E. Sewer service laterals 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. Community Development Department Planning Division [ 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 SDP 2024-0028/MS 2024-0009 (DEV2024-0056)-MADISON AND PALM HOMES December 18, 2025 Pa e 14 45. 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 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 C.M.C. Section 20.16.070 to install public improvements shown on the (tentative map). These improvements include, but are not limited to: i. Curb and Gutter ii. Sidewalk iii. Pedestrian Ramp iv. Water service laterals v. Sewer service laterals. 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: i. Slopes steeper than two parts horizontal to one part vertical exist within the boundaries of this subdivision. ii. The owner ofthis 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, construction or maintenance of the drainage system or other improvements identified in the city approved development plans. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 SDP 2024-0028/MS 2024-0009 (DEV2024-0056)-MADISON AND PALM HOMES December 18, 2025 Pa e 15 F. There are no public park or recreational facilities to be located in whole or in part within this subdivision. The subdivider is therefore obligated to pay park-in-lieu fees in accordance with section 20.44.050 of the Carlsbad Municipal Code and has either paid all of said park in-lieu fees or agreed to pay all of said park-in-lieu fees in accordance with section 20.16.070 of the Carlsbad Municipal Code. Utilities 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. 50. The developer shall design and agree to construct public water, sewer, and recycled water facilities substantially as shown on the (tentative map) to the satisfaction of the district engineer and city engineer. Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 1. 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. 2. 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. 3. Subdivider shall comply with Section 20.16.040(D} of the Carlsbad Municipal Code regarding the undergrounding of existing overhead utilities. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 SOP 2024-0028/MS 2024-0009 {DEV2024-0056)-MADISON AND PALM HOMES December 18, 2025 Pa e 16 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 the 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. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $952.00. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Kyle Van Leeuwen at (442) 339-2611. Sincerely, &~~ Eric Lardy City Planner EL:KVL:cf c: Sean Speck, 3897 Park Drive, Carlsbad, CA 92008 Jose Sanchez, Project Engineer Laserfiche/File Copy Data Entry Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600