HomeMy WebLinkAbout2026-01-21; Planning Commission; Resolution 7563
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN AND HILLSIDE
DEVELOPMENT PERMIT TO CONSTRUCT A FOUR-STORY, 26-UNIT
RESIDENTIAL APARTMENT PROJECT WHICH INCLUDES THREE
INCLUSIONARY HOUSING UNITS, ON VACANT PROPERTY GENERALLY
LOCATED ALONG THE WEST SIDE OF VIEJO CASTILLA WAY BETWEEN
NAVARRA DRIVE AND PIRINEOS WAY (ASSESSOR PARCEL NOS. 216-170-14-
00 AND 216-170-15-00) IN THE SOUTHEAST QUADRANT OF THE CITY, THE
RD-M ZONE, AND LOCAL FACILITIES MANAGEMENT ZONE 6.
CASE NAME: RESORT VIEW APARTMENTS
CASE NO.: SDP2024-0012 / HDP2024-0004
WHEREAS, John Allen, Streamline Development Group, “Developer,” has filed a verified land use
development application with the City of Carlsbad regarding property owned by MMK MANAGEMENT
GROUP LLC, “Owner,” described as
Lots 35 and 36 of La Costa South Unit No. 1, in the City of Carlsbad,
County of San Diego, State of California, according to Map thereof No.
6117, filed in the Office of the County Recorder of San Diego County,
June 3,1968
(“the Property”); and
WHEREAS, said verified application constitutes a request for an amendment to a Site
Development Plan and Hillside Development Permit as shown on Exhibit 17 to the Jan. 21, 2026 Planning
Commission staff report, SDP2024-0012 / HDP2024-0004, Resort View Apartments (“Project”), on file in
the Planning Division, as provided by Chapters 21.06, 21.24, 21.53, 21.86, and 21.95 of the Carlsbad
Municipal Code; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA, Public Resources Code
section 21000 et. seq.) and its implementing regulations (the State CEQA Guidelines), Article 14 of the
California Code of Regulations section 15000 et. seq., the city is the Lead Agency for the project, as the
public agency with the principal responsibility for approving the proposed project; and
WHEREAS, a Program Environmental Impact Report (PEIR), State Clearinghouse No. 2011011004,
was prepared and the City Council certified it as complete on Sept. 22, 2015, for the 2015 General Plan. A
PLANNING COMMISSION RESOLUTION NO.7563
Supplemental EIR was prepared for the Housing Element Implementation and Public Safety Element
Update and certified by City Council Resolution No. 2024-014 on Jan. 30, 2024 (State Clearinghouse
No. 2022090339); and
WHEREAS, CEQA allows tiering options for a streamlined environmental review process for
projects that are consistent with the densities established by existing zoning, community plan or general
plan policies for which a PEIR was certified (CEQA Guidelines sections 15168(c) and 15183). If there is
nothing triggering a subsequent or supplemental environmental document, the PEIR can be used for the
later activity and no new environmental document would be required; and
WHEREAS, a modified Initial Study (IS) Checklist (15183 and 15168 Checklist) was prepared in
accordance with CEQA Guidelines to evaluate the Project and to determine whether the environmental
effects of the later activity is within the scope of the certified PEIR; and
WHEREAS, the Planning Commission did, on Jan. 21, 2026, hold a duly noticed public hearing as
prescribed by law to consider said Project; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all persons desiring to be heard, said Commission considered all factors relating to the Site
Development Plan and Hillside Development Permit land use application.
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) CEQA determination. The CEQA 15183 and 15168 Checklist (Exhibit 9 to the Jan. 21, 2026
Planning Commission staff report) demonstrates that the Project qualifies for streamlined
environmental processing and no further environmental documentation is required.
Community Plan Exemption Findings. In accordance with CEQA Guidelines section
15183, the Project qualifies for an exemption because the following findings can be made:
1. The project is consistent with the development density established by existing
zoning, community plan or general plan policies for which an EIR was certified.
The Project is consistent with the development intensity (residential density)
established by the city’s General Plan EIR and specifically studied in the
Supplemental EIR. At the time of the Supplemental EIR’s preparation, the 2018
version of the project (SDP 2018-0022 and HDP 2018-0006) was considered a
“Pipeline Project” where the site that was conceptually approved for
construction. The first attempt to build 26 residential units at the subject property
was received by the city on Oct. 25, 2018 and processed accordingly with a site
development plan and hillside development permit (SDP 2018-0022 and
HDP2018-0006). The 2018 version of the application was approved by the
Planning Commission as the final decision-making body on Feb. 5, 2020 per
Resolution No. 7358. The 2018 version of the application was considered active
up to and until Feb. 5, 2022, when the planning permit was scheduled to expire.
However, the project was never built. A new application was required because
the project expired, and an extension of time was not filed prior to the expiry
date. Nonetheless, the same intensity and residential density of the proposed
Project was incorporated into the baseline analysis of the Supplemental EIR (i.e.
26 multi-family dwelling units).
2. There are no project specific effects which are peculiar to the project or its site,
and which the city’s PEIR failed to analyze as significant effects.
The subject property is no different than other properties in the surrounding area,
and there are no project specific effects which are peculiar to the project or its
site. The Project site is located in an area developed with similarly sized, multi-
family residential lots with associated accessory uses to the east, west, and north.
It is one of the last remaining multi-family residential lots to develop in this area.
The property does not support any peculiar environmental features, and the
project would not result in any peculiar effects. Regarding “peculiar” impacts,
CEQA Guidelines section 15183(f) states the following: An effect of a project on
the environment shall not be considered peculiar to the project or the parcel for
the purposes of this section if uniformly applied development policies or
standards have been previously adopted by the city or county with a finding that
the development policies or standards will substantially mitigate that
environmental effect when applied to future projects, unless substantial new
information shows that the policies or standards will not substantially mitigate
the environmental effect. In addition, all project impacts were adequately
analyzed by the PEIR. The Project has no potentially significant impacts and will
implement applicable mitigation measures as identified in each section. The
Project complies with all applicable objective standards in the R-DM Zone and
Citywide Objective Design Standards, as reduced/amended by State Density
Bonus Law.
3. There are no potentially significant off-site and/or cumulative impacts which
the city’s PEIR failed to evaluate.
The proposed Project is consistent with the density and use characteristics of the
development considered by the PEIR and would represent a small part of the
growth that was forecast for build-out of the General Plan. At the time of the
Supplemental EIR’s preparation, the 2018 version of the project was considered
a “Pipeline Project” where planning permits were issued and was conceptually
approved for construction but grading permits and building permits were not
obtained and secured by the applicant. The PEIR considered the incremental
impacts of the proposed Project, and as explained further in the CEQA 15183 and
15168 Checklist (Exhibit 9 to the Jan. 21, 2026, Planning Commission staff report),
no potentially significant off-site or cumulative impacts have been identified
which were not previously evaluated. It is important to note that the General Plan
EIR and Supplemental EIR identified a cumulatively considerable impact to air
quality, cultural and tribal cultural resources, noise, and transportation citywide
from buildout of the General Plan, and a statement of overriding considerations
was adopted. The Project’s land use assumptions are consistent with the
projected buildout of the PEIR’s analysis.
4. There is no substantial new information which results in more severe impacts
than anticipated by the PEIR.
As explained in the CEQA 15183 and 15168 Checklist (Exhibit 9 to the Jan. 21,
2026, Planning Commission staff report), no new information has been identified
which would result in a determination of a more severe impact than what had
been anticipated by the PEIR.
5. The project will undertake feasible mitigation measures specified in the City’s
PEIR.
As explained in the CEQA 15183 and 15168 Checklist (Exhibit 9 to the Jan. 21,
2026, Planning Commission staff report), the Project will undertake feasible
mitigation measures specified in the city’s PEIR. These PEIR mitigation measures
will be undertaken through Project design, compliance with regulations and
ordinances, or through the Project’s conditions of approval. Feasible mitigation
measures specified in the PEIR include:
1. MM AQ-2: Operational Emissions Reductions.
2. MM BIO-2: Pre-Construction Bird Surveys, Avoidance, and Notification.
3. MM NOI-1: Construction Noise Reduction Measures.
Program Level EIR Exemption – Findings. The “later activity” would not (1) cause a new
significant effect; (2) cause a significant effect addressed in the PEIR to become
substantially more severe; or (3) require a mitigation measure or alternative substantially
different from or previously found to be infeasible in the PEIR. None of those outcomes
are present, the effects on the environment were covered in the PEIR, and the later
activity can be found to be within the scope of the PEIR. With uniformly applied
development standards, mitigation measures imposed as environmental conditions of
approval, and standard regulatory requirements, the proposed Project would not result
in any new or more severe impacts relative to what was identified the Supplemental EIR.
The Supplemental EIR adequately describes the activity for the purposes of CEQA. As
such, pursuant to CEQA Guidelines sections 15162 and 15163, no subsequent or
supplemental EIR is required. CEQA analysis demonstrates that the Project would not
result in substantial changes or involve new information that would warrant preparation
of a subsequent EIR or additional CEQA analysis because the level of development
proposed is within the development assumptions analyzed in the Supplemental EIR. In
accordance with CEQA Guidelines section 15168(c)(2), the city can “approve the activity
as being within the scope of the project covered by the PEIR, and no new environmental
document would be required.”
C) A project that meets the eligibility requirements of the State Density Bonus Law is
entitled to a density bonus, incentives/concessions, development standard waivers,
and limited parking ratios (Government Code section 65915(b)). The city must grant
(i.e., “shall approve”) the specific incentives/concessions requested by the applicant
unless the City makes written findings, based on substantial evidence, that the
incentive/concession would (1) not result in a cost reduction, (2) have a specific adverse
impact on health or safety (as defined), or (3) be contrary to state or federal law
(Government Code section 65915(d)). The city is also strictly limited in denying
requested development standard waivers, preventing it from applying any
development standard that would physically preclude a project as proposed unless
doing so would have a specific adverse impact on health or safety (as defined) which
could not be mitigated (Government Code section 65915(e)).
D) That based on the evidence presented at the public hearing, the Planning Commission
APPROVES SDP2024-0012 / HDP2024-0004 – RESORT VIEW APARTMENTS, based on
the following findings and subject to the following conditions:
Findings:
Site Development Plan, SDP 2024-0012
1. That the proposed development or use is consistent with the General Plan and any applicable
master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the
Carlsbad Municipal Code, and all other applicable provisions of this code, in that the General Plan
Land Use designation of the site allows for multi-family residential use and the proposed
development or use is consistent with the General Plan and any applicable master plan or
specific plan, complies with all applicable provisions of Chapter 21.06 of the Carlsbad Municipal
Code, and all other applicable provisions of this code, in that the various goals and objectives
of the General Plan will be implemented as the proposed Project is consistent with the General
Plan (Project Analysis provided in Exhibit 3 to the Jan. 21, 2026 Planning Commission staff
report, which is incorporated herein as though fully set forth herein). Although the Project's
density of 30.3 dwelling units per acre is above the maximum R-23 Residential density of 23
du/ac as the Project includes a request for a residential density bonus, the 26-unit residential
apartment project can be found consistent with the General Plan Land Use designation.
2. That the requested development or use is properly related to the site, surroundings and
environmental settings, will not be detrimental to existing development or uses or to
development or uses specifically permitted in the area in which the proposed development or use
is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that
multiple-family residential is a permitted use within the Residential Density - Multiple (RD-M)
Zone and is compatible with the other multiple-family residential uses surrounding the Project
site. The residential apartment project will not adversely impact the site, surroundings, or traffic
circulation in that the existing surrounding streets have adequate capacity to accommodate the
156 Average Daily Trips (ADT) generated by the Project. With exception to the allowance for
increased building height and the rear stair encroachment requested through the density bonus
process, the project complies with all minimum development standards of the RD-M Zone, and
the Project is adequately parked on-site, in accordance with State Density Bonus Law, and does
not result in any environmental impacts. Moreover, the details of the request include a
reduction in development standards from the Citywide Objective Design Standards (CMC
Chapter 21.88). Relief or reduction from the design standards make it feasible for the Developer
to build to the density allowed by the zoning, as reduced/amended by State Density Bonus Law,
and does not constrain a local government’s ability to achieve its RHNA housing targets.
For incentives and concessions, adequate information has been provided that shows the
request results in identifiable and actual cost reductions. For the waivers, adequate information
has been provided to show that the development standard for which the waiver or reduction is
requested will have the effect of physically precluding the construction of the Project.
3. That the site for the intended development or use is adequate in size and shape to accommodate
the use, in that the Project is entitled to the requested number of units and the density bonus
incentives/concessions and waivers are necessary for the Project to be developed at the density
and with the incentives/concessions permitted by State Density Bonus Law and CMC Chapter
21.86. With exception to the allowance for increased building height and the rear stair
encroachment requested through the density bonus process, the residential apartment project
complies with all remaining development standards of the Residential Density - Multiple (RD-
M) Zone. The details of the request include a reduction in development standards from the
Citywide Objective Design Standards (CMC Chapter 21.88). Relief or reduction from the design
standards make it feasible for the Developer to build to the density allowed by the zoning, as
reduced/amended by State Density Bonus Law, and does not constrain a local government’s
ability to achieve its RHNA housing targets.
4. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested development or use to existing or permitted future development or use in the
neighborhood will be provided and maintained, in that with exception to the allowance for
increased building height and rear stair encroachment, the Project complies with all remaining
development standards (i.e. front, side and rear setbacks, lot coverage, parking) of the RD-M
Zone. Moreover, the details of the request include a reduction in development standards from
the Citywide Objective Design Standards. Landscaping along the outer edges of the property,
including the areas along Viejo Castilla Way, would be provided consistent with the
requirements of the city’s Landscape Manual. As such the Project is consistent, compliant and
in conformity with all applicable plans, programs, policies, ordinances, standards,
requirements, and other similar provisions.
5. That the street systems serving the proposed development or use is adequate to properly handle
all traffic generated by the proposed use, in that the Project will take access off Viejo Castilla
Way with vehicles traveling to and from the project on Viejo Castilla Way as well. Viejo Castilla
Way is identified as a local street, designed to adequately handle the 156 Average Daily Trips
generated by the 26-unit residential apartment project
Hillside Development Permit, HDP 2024-0004
1. Undevelopable areas of the Project, pursuant to Section 21.53.230(b) of the Carlsbad Municipal
Code, have been properly identified.
2. The Project complies with the purpose and intent provisions of Section 21.95.010 of the Carlsbad
Municipal Code, in that: 1) the existing hillside conditions have been properly identified on a
constraints map with a slope analysis and slope profiles and have been incorporated into the
Project; 2) the proposed Project is consistent with the Land Use and Open Space/Conservation
Elements of the General Plan since the site has been previously graded, and there exist no
natural hillsides or sensitive resources on the site; 3) the Project design minimizes the amount
of grading to an acceptable quantity, the Project adheres to the city's hillside development
standards by limiting the amount of grading to 4,000 cubic yards (CY) of cut, 500 CY of fill, 3,500
CY of export and 3,500 CY of remedial. The Project will incorporate an aesthetically pleasing
design with landscaping, and retaining walls will be developed primarily into the slope as
opposed to on top of the slope to minimize the visual impacts on the adjacent properties and
public roadways; 4) the existing hillside is manufactured and accordingly, there will be no
impacts to natural resource areas, wildlife habitats, or native vegetation areas that have not
already been analyzed, anticipated, and authorized by the City's Habitat Management Plan
(HMP); and 5) there will be no impact on lagoons or riparian ecosystems in that the project has
been conditioned to submit an erosion control plan consistent with the NPDES permit
requirements as required by the Regional Water Quality Control Board and the City of Carlsbad.
3. The Project complies with CMC Section 21.95.140 and CMC Section 21.95.160 if a modification to
the development and design standards is approved, in that the volume of earth moved for cuts
and fills is minimized and does not exceed 7,999 CY, as shown on the preliminary grading plan.
Proposed earthwork will consist of 4,000 CY of cut, 500 CY of fill, 3,500 CY of export and 3,500
CY of remedial. Moreover, the site is not located within the Coastal Zone; and does not involve
grading or development of a natural, uphill, or downhill perimeter slope as defined by CMC
Chapter 21.95. The existing, manufactured slope, is predominately located in the center of the
property, bending to the northwest. The Project is consistent with the Hillside Development
and Design Guidelines (1998) in that no building setback, roadway design, or hillside drainage
provisions apply to the existing or proposed conditions of the property and the proposed
Project builds primarily into the slope as opposed to on top of the slope to minimize the visual
impacts on the adjacent properties and public roadways.
4. The Project design substantially conforms to the Hillside Development and Design Guidelines
Manual (1998), in that the design minimizes the amount of grading and retaining walls will be
developed primarily into the slope as opposed to on top of the slope to minimize the visual
impacts on the adjacent properties and public roadways. Furthermore, the graded site will be
landscaped pursuant to the City's Landscape Manual. The combined effect will soften the
appearance of the graded slope.
Residential Density Bonus, CMC Chapter 21.86
1. The Project is consistent with the provisions of CMC Chapter 21.86 in that the proposed
residential apartment project meets all of the standards, including the requisite 15% of "low-
income", deed-restricted inclusionary housing. The Developer is requesting one
incentive/concession and four waivers as a part of this Project. The proposed
incentive/concession relates to a design treatment feature for roof parapets (parapets shall be
capped with precast treatment, continuous banding, protecting cornices, dentils, or similar
edge treatment). The proposed waivers are for: (1) proposing to increase the maximum building
height from 35’ (three stories) to 48’-7” (four stories) with appurtenances (elevator tower) to
51’6”; (2) proposing to locate the at-grade stairs five feet into the required setback, rather than
the allowable two feet to accommodate fire access; (3) proposing a 100% upper floor area over
the ground floor area, rather than 90% maximum; and (4) private recreational space of rather
than six linear feet in any direction. These incentives, concessions, and waivers (collectively
resulting in “reductions in development standards”) are legally mandated modifications that
would otherwise prevent the housing project from being built at the increased density. A by-
right incentive, concession, or waiver is automatically granted when requested as long as it
would result in identifiable and actual cost reductions (for incentives or concessions), or if the
standard prevents construction (for waivers). For incentives and concessions, adequate
information has been provided that shows the request results in identifiable and actual cost
reductions. For the waivers, adequate information has been provided to show that the
development standard for which the waiver or reduction is requested will have the effect of
physically precluding the construction of the Project.
To demonstrate compliance with the terms and limitations of CMC Chapter 21.86, the
Developer is required to enter into an Affordable Housing Agreement, which would be recorded
against the entire development and include specific Project information and unit restrictions.
2. The requested incentive(s) or concession(s) will result in identifiable, financially sufficient, and
actual cost reductions in that the design relief of the roof parapet allows for a more financially
feasible Project by reducing construction costs (pre-cast treatment capping) among all units
including the land, permitting and construction costs.
3. The requested incentive(s} or concession(s}, and/or waiver(s) or reduction(s) of development
standards is not contrary to state or federal law in that increased number of units and the
requests are clearly laid out for density bonus projects in California pursuant to CMC Chapter
21.86.050 and Government Code section 65915.
General
1. The Planning Commission finds that the Project, as conditioned herein, is in conformance with
the Elements of the city’s General Plan, based on the analysis set forth in Exhibit 3 of the Jan. 21,
2026, Planning Commission staff report, which is incorporated herein by this reference as though
fully set forth herein.
Conditions:
NOTE: A grading permit, improvement plan, landscaping permit, building permit must all be obtained
and secured following discretionary permit approval, but prior to construction and prior to
occupancy. Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed development, must be met prior to approval of the building or grading
permit whichever occurs first. All references to the “Site Plan” reference the project plans
(Sheets “1” – “42” dated Sept. 30, 2025), attached as Exhibit 17 of the Planning Commission
Staff Report dated Jan. 21, 2026.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the city shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or further
condition all certificates of occupancy issued under the authority of approvals herein granted;
record a notice of violation on the property title; institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. No vested rights are gained
by Developer or a successor in interest by the city’s approval of this Site Development Plan and
Hillside Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Site Development Plan and Hillside Development Permit documents, as
necessary to make them internally consistent and in conformity with the final action on the
project. Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this project are challenged,
this approval shall be suspended as provided in Government Code 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.
5. Developer shall and does hereby agree to indemnify, protect, defend, and hold harmless the City
of Carlsbad, its Council members, officers, employees, agents, and representatives, from and
against any and all liabilities, losses, damages, demands, claims and costs, including court costs
and attorney’s fees incurred by the city arising, directly or indirectly, from (a) city’s approval and
issuance of this Site Development Plan and Hillside Development Permit (b) city’s approval or
issuance of any permit or action, whether discretionary or nondiscretionary, in connection with
the use contemplated herein. This obligation survives until all legal proceedings have been
concluded and continues even if the city’s approval is not validated.
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 (Project Site Plan
or other), conceptual grading plan and preliminary utility plan reflecting the conditions approved
by the final decision-making body. The copy shall be submitted to the City Planner, reviewed and,
if found acceptable, signed by the city's project planner and project engineer. If no changes were
required, the approved exhibits shall fulfill this condition.
7. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 6 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
8. This approval shall become null and void if building or grading permits are not issued for this
project within 36 months from the date of project approval.
9. 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.
10. 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 6
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.
11. Prior to issuance of the Building Permit, 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 Hillside Development 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.
12. Prior to issuance of grading permit(s), Developer shall make a separate formal landscape
construction drawing plan check submittal to the Planning Division and obtain City Planner
approval of a Final Landscape and Irrigation Plan showing conformance with the approved
Preliminary Landscape Plan and the city’s Landscape Manual. Developer shall construct and install
all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall be
maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation
systems shall be maintained to provide the optimum amount of water to the landscape for plant
growth without causing soil erosion and runoff.
13. 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.
14. 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.
15. 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.
16. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so
required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of
an Outdoor Storage Plan, and thereafter comply with the approved plan.
17. Curbside collection of trash and recycling within the public right-of-way is not permitted. Trash
removal shall occur at designated points of collection within the Project site to maintain
habitable living conditions for their tenants and to comply with local regulations.
18. 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. Moreover, lighting in the final development shall be situated such
that it does not face open space areas.
19. The Developer shall prepare an improvement plan and shall identify on the plans all
improvements necessary to implement the project and its conditions. The improvement plan
will be reviewed for compliance with the Carlsbad Municipal Code and any applicable
engineering standards, including but not limited to the on- and off-site improvements and
storm water control plan, to ensure the design conforms to all requirements of the relevant
regulations and codes. Approval of an improvement plan must be obtained and secured prior
to the issuance of a building permit to implement the project. In approving the improvement
plan, the City Engineer or designee may impose such conditions as may be reasonably necessary
to enable the City Engineer or designee to make the required determinations and to prevent
creation of a nuisance or unreasonable hazard to persons or to public or private property.
20. All improvements within the public right-of-way, including curb, gutter, sidewalks, driveways,
paving and utilities, shall be constructed in accordance with approved standards and/or plans
and shall comply with the standard plans and specifications of the City Engineer. Any damage
to street improvements now existing or done during construction on or adjacent to the subject
property, shall be repaired to the satisfaction of the City Engineer at the full expense of the
Developer. This shall include sidewalk repair, slurry seal, street reconstruction or others, as may
be required by the City Engineer or designee.
21. The Project has been granted additional units, an incentive/concession, and waivers in
accordance with density bonus provisions found in Government Code Sections 65915 to 65918
and Carlsbad Municipal Code Chapter 21.86. Per density bonus definitions, the Project had a
calculation of 20 base units (rounded up). The Developer requested an increase in density to
allow six additional units, for a total project size of 26 units. Based on the requested density
bonus, the Project must provide three low-income affordable units (80% AMI). The Project is
also subject to CMC Chapter 21.85, requiring 15% of the base residential units be affordable for
lower income households. The three low-income affordable units satisfies both the city’s
inclusionary housing requirement and the density bonus affordable units.
a. Per 21.85.020 (A), the affordable housing cost for all affordable units is determined by
California Health and Safety Code Section 50053.
b. Both the internal and external design of the affordable units shall be reasonably
consistent or compatible with the design of the total project development in terms of
appearance, materials and finished quality, including access to private recreational
spaces. Interior finishes and amenities may differ from those provided in the market
rate units, but neither the workmanship nor the products may be of substandard or
inferior quality as determined by the city.
c. Bedroom count and unit sizes of inclusionary units shall be commensurate with
market rate units. The three low-income affordable units must be distributed to
include one, 1-bd unit, one 2-bd unit, and one 3-bd unit.
d. Developers subject to CMC Chapters 21.85 and 21.86 shall demonstrate compliance
with this condition by executing an affordable housing agreement prepared by the city
Housing and Neighborhood Services Director and submitted to the Developer for
execution. The affordable housing agreement, for which the deed-restricted
affordable housing requirements will be satisfied, must be recorded prior to the
issuance of the first building permit. The affordable housing agreement shall specify
the number, type, location, size and phasing of all affordable units, affordability
restrictions including the calculation of affordable rent, provisions for marketing,
income certification and screening of potential renters of units, and ongoing
management and monitoring requirements. The draft Affordable Housing Agreement
shall be submitted to the City Planner no later than 60 days prior to requesting the
issuance of the first building permit. The recorded Affordable Housing Agreement
shall be binding on all future owners and successors in interest.
22. This Project has been found to result in impacts to wildlife habitat or other lands, such as
agricultural land, non-native grassland, and disturbed lands, which provide some benefits to
wildlife, as documented in the city’s Habitat Management Plan and the environmental
analysis for this Project. Developer is aware that the city has adopted an In-lieu Mitigation Fee
consistent with Section E.6 of the Habitat Management Plan and City Council Resolution No.
2000-223 to fund mitigation for impacts to certain categories of vegetation and animal
species. The Developer is further aware that the city has determined that all projects will be
required to pay the fee in order to be found consistent with the Habitat Management Plan
and the Open Space and Conservation Element of the General Plan. Developer or Developer’s
successor(s) in interest shall pay the fee prior to issuance of a grading permit or building
permit, whichever occurs first. If the In-lieu Mitigation Fee for this project is not paid, this
Project will not be consistent with the Habitat Management Plan and the General Plan and
any and all approvals for this Project shall become null and void. Pursuant to the HMP, the
Project has been conditioned to pay a habitat in-lieu fee for impacts to 0.14 acres of Group D
(disturbed scrub oak chaparral) habitat.
23. Operational Emissions Reductions. The following measures shall be implemented to reduce
impacts to the maximum extent feasible:
a. The engine size of construction equipment shall be the minimum size required for its
intended use.
b. All off-road diesel-fueled equipment (e.g., rubber-tired dozers, graders, scrapers,
excavators, asphalt paving equipment, cranes, and tractors) associated with Project
construction shall be at least California Air Resources Board (CARB) Tier 4 Certified or
better. All construction equipment shall be maintained and properly tuned in
accordance with manufacturer’s specifications. All equipment shall be checked by a
certified mechanic and determined to be running in proper working condition prior to
operation.
c. Comply with SDAPCD’s Rule 67 (Architectural Coatings). Use architectural coating
materials, as defined in SDAPCD Rule 67.0.1, that are zero-emission or have a low-VOC
content (below 10 grams per liter). Where such VOC coatings are not available or
feasible, the coating with the lowest VOC rating available shall be used. These measures
shall be noted on all construction plans, and the city shall perform periodic site
inspections during construction to verify compliance.
d. All material transported off-site shall be either sufficiently watered or securely covered
to prevent excessive amounts of dust.
e. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times per day.
f. All visible mud and dirt track-out onto adjacent public roads shall be removed using wet
power vacuum street sweepers at least once per day. The use of dry power sweeping is
prohibited.
g. Idling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to 5 minutes (as required by the California airborne
toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]).
Clear signage shall be provided for construction workers at all access points.
h. A publicly visible sign with the telephone number and person to contact regarding
dust complaints shall be posted on the project site prior to the initiation of
construction activities. This person shall respond and take corrective action within 48
hours. The Air District’s phone number shall also be visible to ensure compliance with
applicable regulations.
i. Adhesives, sealants, and caulks meet SCAQMD Rule 1168 for VOC limits and prohibition
on the use of certain toxic compounds.
j. Prohibit the installation of woodstoves, hearths, and fireplaces in new construction
facilitated by the proposed Project.
24. No less than eight bike racks shall be provided within the areas as shown on the approved site
plan. (The California Green Building Standards Code may require a greater amount of bicycle
parking than the minimum standard set by this condition.) The bike racks shall be theft proof,
anchored, and well-lighted bicycle storage facilities, provided at no cost to the residents and/or
guests.
25. Transportation Demand Management Plan. Prior to the building permit issuance, the Developer
shall prepare and submit a Transportation Demand Management (TDM) Plan for review and
approval by the city, consistent with the city’s TDM Handbook, as may be amended from time
to time. The approved TDM Plan shall be fully implemented for the life of the Project. The TDM
Plan shall identify, describe, and commit to specific, enforceable TDM measures to mitigate
project-related transportation and greenhouse gas emissions impacts to the maximum extent
feasible. The Plan shall include sufficient detail to demonstrate how each measure will be
implemented, monitored, and maintained over time, including, but not limited to, program
administration, performance targets (where applicable), reporting procedures, and a clear
identification of responsible parties.
The TDM Plan shall also include provisions for ongoing funding, staffing, and long-term
operation of all required TDM programs for the duration of the project. At a minimum, the TDM
Plan shall include, but not be limited to, the following measures:
a. A ride-sharing program (e.g., carpooling and/or vanpooling incentives and
coordination).
b. A bicycle-share and/or car-share program.
c. Provision and maintenance of secure, covered, long-term bicycle storage facilities (e.g.,
bike lockers, bike storage room).
d. Provision and maintenance of publicly accessible bicycle parking.
e. A comprehensive commute trip reduction and transportation marketing program.
The city may require revisions to the TDM Plan to ensure consistency with the city’s TDM
Handbook and to ensure the effectiveness of the proposed measures in achieving emissions
and transportation impact reductions.
26. Pre-Construction Bird Surveys, Avoidance, and Notification. If construction activities are
initiated during the bird nesting season (February 1 – August 31) involving removal of
vegetation or other nesting bird habitat, including abandoned structures and other man-made
features, a pre-construction nesting bird survey shall be conducted no more than three days
prior to initiation of ground disturbance and vegetation removal activities. The nesting bird pre-
construction survey shall be conducted on foot and shall include a 300-foot survey buffer
around the construction site. The survey shall be conducted by a biologist familiar with the
identification of avian species known to occur in southern California coastal communities (i.e.,
qualified biologist). If active nests are found, an avoidance buffer shall be determined by a
qualified biologist in coordination with the city. The avoidance buffer width will depend upon
the species, the proposed work activity, and existing disturbances associated with land uses
outside of the site, which shall be demarcated by the biologist with bright orange construction
fencing, flagging, construction lathe, or other means to demarcate the boundary. All
construction personnel shall be notified as to the existence of the buffer zone and to avoid
entering the buffer zone during the nesting season. No ground disturbing activities shall occur
within the buffer until the biologist has confirmed that breeding/nesting is completed, and the
young have fledged the nest. Encroachment into the buffer shall occur only at the discretion of
the qualified biologist on the basis that the encroachment will not be detrimental to an active
nest. A report summarizing the pre-construction survey(s) shall be prepared by a qualified
biologist and shall be submitted to the city prior to the commencement of construction
activities.
27. Cultural Resources:
a. Retain a qualified archaeologist to conduct a Worker’s Environmental Awareness
Program (WEAP) training on archaeological sensitivity for all construction personnel
prior to the commencement of any ground-disturbing activities. The training
should be conducted by an archaeologist who meets or exceeds the Secretary of
Interior’s Professional Qualification Standards for archaeology (National Park
Service [NPS] 1983). Archaeological sensitivity training should include a
description of the types of cultural material that may be encountered, cultural
sensitivity issues, regulatory issues, and the proper protocol for treatment of the
materials in the event of a discovery.
b. In the event that archaeological resources are unexpectedly encountered during
ground-disturbing activities, work within 50 feet of the find shall halt and an
archaeologist meeting the Secretary of the Interior’s Professional Qualifications
Standards for archaeology (National Park Service 1983) shall be contacted
immediately to evaluate the resource. If the resource is determined by the qualified
archaeologist to be prehistoric, then a Native American representative shall also be
contacted to participate in the evaluation of the resource. If the qualified
archaeologist and/or Native American representative determines it to be
appropriate, archaeological testing for CRHR eligibility shall be completed. If the
resource proves to be eligible for the CRHR and significant impacts to the resource
cannot be avoided via project redesign, a qualified archaeologist shall prepare a
data recovery plan tailored to the physical nature and characteristics of the
resource, per the requirements of CCR Guidelines section 15126.4(b)(3)(C). The data
recovery plan shall identify data recovery excavation methods, measurable
objectives, and data thresholds to reduce any significant impacts to cultural
resources related to the resource. Pursuant to the data recovery plan, the qualified
archaeologist and Native American representative, as appropriate, shall recover
and document the scientifically consequential information that justifies the
resource’s significance. The city shall review and approve the treatment plan and
archaeological testing as appropriate, and the resulting documentation shall be
submitted to the regional repository of the California Historical Resources
Information System, per CCR Guidelines section 15126.4(b)(3)(C).
cc. No human remains are known to be present within the Project site. However, the
discovery of human remains is always a possibility during ground disturbing
activities. If human remains are found, Health and Safety Code section 7050.5 states
that no further disturbance shall occur until the County Coroner has made a
determination of origin and disposition pursuant to Public Resources Code section
5097.98. In the event of an unanticipated discovery of human remains, the County
Coroner must be notified immediately. If the human remains are determined to be
of Native American origin, the Coroner will notify the Native American Heritage
Commission, which will determine and notify a most likely descendant (MLD). The
MLD has 48 hours from being granted site access to make recommendations for the
disposition of the remains. If the MLD does not make recommendations within 48
hours, the property owner shall reinter the remains in an area of the property
secure from subsequent disturbance.
28. Construction Noise Reduction Measures. The following construction noise reduction measures
shall be implemented during Project construction:
a. Shielding and Silencing. Power construction equipment (including combustion engines),
fixed or mobile, shall be equipped with noise shielding and silencing devices consistent
with manufacturer’s standards or the Best Available Control Technology. Equipment
shall be properly maintained, and the project applicant or owner shall require
construction contractors to keep documentation on-site during earthwork or
construction activities demonstrating that the equipment has been maintained in
accordance with manufacturer’s specifications.
b. Enclosures and Screening. Outdoor fixed mechanical equipment shall be enclosed or
screened from off-site noise-sensitive uses to the extent feasible. The equipment
enclosure or screen shall be impermeable (i.e., solid material with minimum weight of
2 pounds per square feet) and break the line-of-sight from the equipment and off-site
noise-sensitive uses.
c. Construction Staging Areas. Construction staging areas shall be located as far from
noise-sensitive uses as reasonably feasible in consideration of site boundaries,
topography, intervening roads and uses, and operational constraints.
d. Smart Back-Up Alarms. Mobile construction equipment shall have smart back-up alarms
that automatically adjust the sound level of the alarm in response to ambient noise
levels. Alternatively, back-up alarms shall be disabled and replaced with human
spotters to ensure safety when mobile construction equipment is moving in the reverse
direction.
e. Equipment Idling. Construction vehicles and equipment shall not be left idling for longer
than five minutes when not in use.
f. Workers’ Radios. All noise from workers’ radios, including any on-site music, shall be
controlled to a point that they are not audible at off-site noise-sensitive uses.
g. Use of Driven Pile Systems. Driven (impact), sonic, or vibratory pile drivers shall not be
used, except in locations where the underlying geology renders alternative methods
infeasible, as determined by a soils or geotechnical engineer and documented in a soils
report.
29. Pruning, cutting and trimming of city street trees is not allowed, except as defined by separate
agreement or condition of approval. Removal of any city street tree shall require permission
from the Parks & Recreation Department and is first subject to the department receiving a
written request, an evaluation by the City Arborist, and determination by staff based on the
criteria included in CMC Section 11.12.090. City staff’s determination to permit or deny a
request for removal of a city street tree is appealable to the Parks & Recreation Commission;
and its determination is appealable to the City Council.
Said permission for city street tree removal shall be obtained and secured by the Developer
prior to the issuance of a building or grading permit needed to implement the Project. As
defined by CMC Section 11.12.100, all city street trees permitted for removal shall be replaced
at 2:1 ratio with trees of the same species as those removed, except where the removed
species does not conform to the city’s street tree species list, or to the conditions existing at
the site. Pursuant to the Parks & Recreation Director’s or designee’s determination that the
Project’s frontage cannot feasibly accommodate a required city street tree, a street tree
replacement in-lieu fee of $500 per street tree shall be paid to the city to cover the cost to
procure, plant, and establish each street tree required. Said street tree replacement in-lieu fee
shall be paid to the Parks & Recreation Department prior to the issuance of building permits.
The Parks & Recreation Director or designee shall determine the locations of the street trees
planted using the street tree replacement in-lieu fees.
Building:
30. Building plans shall be in compliance with the approved Alternative Methods and Materials
Request approved by the Fire Department on 5/20/2025 (FPR2024-0112). Please include this
information at time of submittal of post-construction drawings to the Building Division.
Engineering:
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval
of this proposed development, must be met prior to approval of a building or grading permit whichever
occurs first.
General
31. 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.
32. 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.
33. Developer shall complete processing of an adjustment plat for the lot line adjustment between
lot 35 and lot 36 of Map 6117 as shown on the site plan.
34. Developer shall include rain gutters on the building plans subject to the City Engineer’s review
and approval. Developer shall install rain gutters in accordance with said plans.
35. 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.
Property owner shall maintain all landscaping (shrubs, groundcover, etc.) except street trees
and irrigation including street trees along the parkway frontage on Viejo Castilla Way as shown
on the Site Plan.
36. Prior to building permit issuance, Developer shall show proof of recorded grant deed for Parcel A
of the adjustment plat.
Fees/Agreements
37. 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.
38. Developer shall cause property owner to execute and submit to the City Engineer for recordation
the city’s standard form Drainage Hold Harmless Agreement.
39. 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.
40. Developer shall cause property owner to apply for, execute, and submit, to the City Engineer for
recordation, an Encroachment Agreement covering private enhanced concrete walkways 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
41. Based upon a review of the proposed grading and the grading quantities shown on the site plan,
a grading permit for this project is required. Developer shall prepare and submit plans and
technical studies/reports as required by City Engineer, post security and pay all applicable grading
plan review and permit fees per the city’s latest fee schedule.
42. Concurrent with the grading plans Developer shall include shoring plans and non-standard
retaining wall plans as part of the grading plans to the satisfaction of the City Engineer. Structural
calculations for all shoring and non-standard walls shall be submitted for review and approval by
the Land Development Engineering division. Developer shall pay all deposits necessary to cover
any 3rd party review.
Storm Water Quality
43. 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.
44. Developer shall complete and submit to the City Engineer a Determination of Project’s Storm
Water Pollution Prevention Plan (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 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.
45. This project is subject to ‘Priority Development Project’ requirements AND TRASH CAPTURE
REQUIREMENTS. Developer shall prepare and process a Storm Water Quality Management Plan
(SWQMP), subject to City Engineer approval, to comply with the Carlsbad BMP Design Manual
latest version. The final SWQMP required by this condition shall be reviewed and approved by the
City Engineer with final grading plans. Developer shall pay all applicable SWQMP plan review and
inspection fees per the city’s latest fee schedule.
46. Developer is responsible for ensuring that all final design plans (grading plans, improvement
plans, landscape plans, building plans, etc.) incorporate all source control, site design, pollutant
control BMP and applicable hydromodification measures.
Dedications/Improvements
47. 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.
48. 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.
49. Developer shall prepare and process public improvement plans and, prior to City Engineer
approval of said plans, shall execute a city standard Improvement Agreement to install and shall
post security for public improvements shown on the site plan. Said improvements shall be
installed to city standards to the satisfaction of the City Engineer. These improvements include,
but are not limited to:
A. Install ADA compliant driveway approaches;
B. Install curb outlet structure as shown on the site plan;
C. Repair existing street light; and
D. Remove and replace sidewalk to comply with approved standards.
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.
50. Developer is responsible to ensure utility transformers or raised water backflow preventers that
serve this development are located outside the right-of-way as shown on the site plan and to
the satisfaction of the City Engineer. These facilities shall be constructed within the property.
Utilities
51. Developer shall meet with and obtain approval from the Leucadia Wastewater District regarding
sewer infrastructure available or required to serve this Project.
52. The Developer shall design and agree to construct public water substantially as shown on the site
plan to the satisfaction of the District Engineer and City Engineer.
53. Developer shall prepare and process public improvement plans and, prior to City Engineer
approval of said plans, shall execute a city standard Development Improvement Agreement to
install and shall post security in accordance with C.M.C. Section 20.16.070 for public
improvements shown on the site plan. Said improvements shall be installed to city standards to
the satisfaction of the city engineer. These improvements include, but are not limited to:
A. 1 – 2” domestic water service, meter, and backflow prevention device
B. 1 – 6” fire service with backflow prevention device
C. 1 – 1” landscape irrigation service, meter, and backflow prevention device
D. Replacement of the existing 8” ACP water main with new PVC water main along
the project frontage
E. 2 – 8” gate valves
F. 2 - manual air release valves
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.
54. Developer shall install potable water services and meters at locations approved by the District
Engineer. The locations of said services shall be reflected on public improvement plans.
55. The Developer shall submit a detailed potable water study, prepared by a registered engineer
that identifies the peak demands of the project (including fire flow demands). The study shall
identify velocity in the main lines, pressure zones, and the required pipe sizes. Said study shall be
submitted concurrently with the improvement plans for the project and the study shall be
prepared to the satisfaction of the District Engineer.
56. Developer shall pay utility meter installation fees in accordance with the City’s Master Fee
Schedule for the bypass (detector) meter on the fire backflow prevention device per City of
Carlsbad Engineering Standard Drawing W-9 and for domestic and irrigation service meters.
CMWD will install the meters.
57. Developer shall meet with the fire marshal to determine the fire protection requirements (fire
flows, fire hydrant locations, building sprinklers, etc.) required for the Project.
58. Developer shall agree to design landscape and irrigation plans utilizing recycled water as a source
and prepare and submit a colored recycled water use map to the Planning Division for processing
and approval by the District Engineer.
59. 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.
60. Prior to the issuance of a building permit, Developer shall submit detailed design drawings and
studies for the construction of a private potable water system required to serve the Project. Said
drawings and studies shall be prepared and submitted to the satisfaction of the Building Official.
61. Developer shall design and agree to construct public facilities within public right-of-way or within
minimum 20-foot wide easements granted to the Carlsbad Municipal Water District or the City of
Carlsbad. At the discretion of the District or City Engineer, wider easements may be required for
adequate maintenance, access and/or joint utility purposes.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
62. 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.
63. Developer shall pay traffic impact and sewer impact fees based on Chapter 18.42 and Chapter
13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor
area contained in the staff report and shown on the site plan are for planning purposes only.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest
them, you must follow the protest procedure set forth in Government Code §66020(a) and file the protest
and any other required information with the City Manager for processing in accordance with Carlsbad
Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal
action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on Jan. 21, 2026, by the following vote, to wit:
AYES: Meenes, Hubinger, Foster, Lafferty, Burrows, Fitzgerald
NAYES: None.
ABSENT: Merz.
ABSTAIN: None.
___________________________________
ROY MEENES, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
________________________________
ERIC LARDY, Assistant Director of
Community Development