HomeMy WebLinkAbout2026-02-18; Planning Commission; Resolution 7567A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD,
CALIFORNIA, RECOMMENDING APPROVAL OF TENTATIVE TRACT MAP CT
2024-0008 AND SITE DEVELOPMENT PLANSDP 2024-0022TO DEMOLISH AN
EXISTING EIGHT-UNIT RESIDENTIAL APARTMENT COMPLEX AND
COMMERCIAL STRUCTURES AND CONSTRUCT A FOUR-STORY MIXED-USE
BUILIDNG CONSISTING OF 3,419 SQUARE FEET OF COMMERCIAL SPACE, 33
RESIDENTIAL CONDOMINIUMS AND 42 COVERED PARKING SPACES ON A
0.69-ACRE PROPERTY LOCATED AT 2747 AND 2775 ROOSEVELT ST. IN THE
NORTHWEST QUADRANT OF THE CITY, THE VILLAGE & BARRIO MASTER
PLAN, AND LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME:RINCON ROOSEVELT
CASE NO.: CT 2024-0008/SDP 2024-0022 (DEV2024-0105)
WHEREAS, 2747 Roosevelt, LLC, “Developer,” has filed a verified application with the City
of Carlsbad regarding property owned by Dewhurst Family Revocable Trust, “Owner,” described as
PARCEL 1: (APN: 203-101-12-00)
THE NORTHEASTERLY HALF OF THE NORTHWESTERLY HALF OF LOT 29 OF SEASIDE LANDS, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE
MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, JULY 28, 1921, THE SOUTHEASTERLY LINE OF SAID NORTHWESTERLY HALF BEING
PARALLEL WITH THE NORTHWESTERLY LINE OF SAID LOT.
PARCEL 5: (APN: 203-181-10-00)
THAT PORTION OF LOT 30 OF SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921, LYING NORTHEASTERLY OF
THE NORTHEASTERLY LINE OF THE SOUTHWESTERLY 162.7 FEET OF SAID LOT 30.
EXCEPTING THEREFROM THE SOUTHEASTERLY 60.3 FEET THEREOF.
PARCEL 6: (APN: 203-181-16-00)
PARCEL 2 OF PARCEL MAP NO. 1339, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEB.
23, 1973 AS FILE NO. 73-048297 OF OFFICIAL RECORDS.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development Planand
Tentative Tract Mapas shown on Exhibit(s) “A” -“HH” dated Feb. 18, 2026, on file in the Planning Division,
CT 2024-0008/SDP 2024-0022 – RINCON ROOSEVELT as provided by Title 20 and Chapters 21.06, 21.85
and 21.86 of the Carlsbad Municipal Code and the Village & Barrio Master Plan; and
PLANNING COMMISSION RESOLUTION NO. 7567
WHEREAS, pursuant to the California Environmental Quality Act (CEQA, Public Resources
Code section 21000 et. seq.) and its implementing regulations (the State CEQA Guidelines), Article 14 of
the California Code of Regulations section 15000 et. seq., the city is the Lead Agency for the project, as
the public agency with the principal responsibility for approving the proposed project; and
WHEREAS, the Planning Commission did, on Feb. 18, 2026, hold a duly noticed public
hearing as prescribed by law to consider said request relative to the Tentative Tract Map and Site
Development Plan land use application; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the Tentative Tract Map and Site Development Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) Compliance with CEQA. The proposed action to demolish existing residential and
commercial structures and construct a four-story mixed-use building qualifies as a
“housing development project” pursuant to Assembly Bill AB 130 (2025) and codified in
Public Resources Code (PRC) Section 21080.66. The project is statutorily exempt from
environmental review for the following reasons (see Exhibit 11 for the Statutory
Exemption Evaluation Checklist):
i. It is a mixed-use development consisting of residential and nonresidential uses and
at least two-thirds of the square footage is designated for residential use and due to
the location outside of the Coastal Zone, short-term rental of the housing units is
prohibited by the Carlsbad Municipal Code.
ii. The proposed density exceeds 15 dwelling units per acre.
iii. The site is not more than 20 acres and is surrounded by urban uses.
iv. The project is consistent with the General Plan, Zoning Ordinance and the Village &
Barrio Master Plan.
v. The structures proposed to be demolished are not historic structures that have been
placed on a national, state or local historic register (please refer to Exhibit 12 for the
Historical Assessments).
vi. There are no other environmental or site-specific constraints outlined in the statute
that would render this property ineligible for the exemption.
vii. The requisite tribal consultation process has been completed within the legally
established timeframes, and the requested tribal monitoring is incorporated as a
condition.
The notice of exemption will be filed with the Recorder/County Clerk within five days after
project approval by the decision-making body.
C) That based on the evidence presented at the public hearing, the Planning Commission
RECOMMENDS APPROVAL OF CT 2024-0008/SDP 2024-0022 – RINCON ROOSEVELT,
based on the following findings and subject to the following conditions:
Findings:
Tentative Tract Map CT 2024-0008
1. 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 proposed one-lot tentative tract
map with 33 residential air-space condominium units and one (1) commercial unit satisfies all
minimum requirements of Titles 20 and 21 and the Village & Barrio Master Plan (VBMP) and is
consistent with the General Plan as described below and in the project staff report dated Feb.
18, 2026.
2. That all approvals and permits required by Title 21 for the project have been obtained or will be
concurrently obtained with the approval of the subdivision in that a Site Development Plan is
being processed concurrently with the subject Tentative Tract Map.
3. That the site is physically suitable for the type of the development in that mixed use is permitted
by right in the Village Center (VC) District of the Village and Barrio Master Plan (VBMP).
Pursuant to State Density Bonus Law, the Developer has requested waivers to development
standards in the Village & Barrio Master Plan and the Carlsbad Municipal Code related to
maximum building and architectural projections height, setbacks for upper floors, coverage for
upper floors, enclosed fourth floor area, parking space dimensions, and additional objective
design standards. The project is entitled to the requested number of units, and the density
bonus waivers are necessary for the project to be developed at the density requested. The
waivers are permitted pursuant to CMC Chapter 21.86 and State Density Bonus Law, and
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 (provided in Exhibit 5 to the Feb. 18, 2026, Planning Commission staff report).
4. That the site is physically suitable for the proposed density of the development in that the VC
District of the VBMP permits a density range of 28-35 dwelling units per acre. The proposal to
construct 33 units on a 0.69-acre site results in a proposed density of 47.8 du/ac. Since the
proposed density exceeds 35 du/ac, the applicant is requesting a density bonus, authorized by
state law (Gov. Code §65915). Pursuant to State Density Bonus Law, the applicant is requesting
a 29% density bonus. In exchange for the increase in density, a total of 16% of the base number
of units or four (4) units are required to be designated as affordable, low-income units (80% of
the area median income). One additional unit, designated as extremely low-income (30% of
the area median income), is required pursuant to the Housing Crisis Act.
5. That the design of the subdivision or the type of improvements is not likely to cause serious public
health problems in that the proposed mixed-use subdivision is designed to comply with
applicable local and state standards related to public health and safety, including requirements
for public services, infrastructure, and emergency access. With compliance with these standards
and conditions of approval, the subdivision will not create conditions that would endanger
public health.
6. 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 has been
designed and conditioned such that there are no conflicts with established easements.
7. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in
that the developed lot is devoid of sensitive vegetation and any natural water features.
Therefore, the proposed project does not impact any fish, wildlife or habitat. Further, the
project is statutorily exempt from the California Environmental Quality Act.
8. That all requirements of the California Environmental Quality Act (CEQA) have been met in that
the project qualifies as a “housing development project” pursuant to Assembly Bill AB 130 and
codified in Public Resources Code Section 21080.66 and the project is statutorily exempt from
CEQA.
9. That the proposed subdivision meets or performs all applicable requirements or conditions of this
title and the Subdivision Map Act, unless failure to do so is a result of a technical and inadvertent
error that does not materially affect the validity of the subdivision.
10. That in the case of conversions of residential real property to condominiums, community
apartments or stock cooperatives, all required notices and reports to tenants have been or will
be sent as required by California Government Code Section 66427.1 and other applicable laws in
that the project does not propose a condominium conversion, community apartments or stock
cooperatives.
11. That the proposed subdivision is not on land that is subject to any contracts or easements
specified in Section 66474.4 of the California Government Code in that the site is developed with
urban uses , does not contain agricultural uses and is not under a Williamson Act contract or
other qualifying conservation easement.
12. That the proposed subdivision complies with all requirements of the hillside development
regulations, Chapter 21.95 of the Carlsbad Municipal Code in that the site is relatively flat and is
not subject to the hillside development regulations.
Site Development Plan, SDP 2024-0022
13. That the proposed development or use is consistent with the General Plan and any applicable
master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the
Carlsbad Municipal Code, and all other applicable provisions of this code, in that the project
proposes the demolition of an eight-unit apartment building and a professional office building
with an associated accessory structure totaling 2,043 square feet for the construction of a 53’-
5”-tall, four-story, 49,559-square-foot, mixed-use building on a 0.69-acre site located within the
Village Center (VC) District of the Village & Barrio Master Plan. Mixed-use, consisting of
multiple-family residential and commercial (i.e., restaurants, retail, markets, etc.), is permitted
by right within the VC District. The building includes ground floor commercial area totaling 3,419
square feet, 33 stacked residential condominium units (28 market rate and 5 affordable) on
floors two (2) through four (4), and 42 covered parking spaces (4 for commercial and 38 for
residential units) located within an at-grade, gated parking garage off Roosevelt Street.
Pursuant to Assembly Bill 2097 (AB 2097), the city is prohibited from requiring parking for
projects located within one-half mile of a major transit stop, except for requirements to provide
electric vehicle supply equipment installed parking spaces or parking spaces that are accessible
to persons with disabilities that would have otherwise applied to the development. The project
is located approximately 0.25 miles from the Carlsbad Village Train Station, and therefore only
parking spaces for electric vehicle supply equipment installed parking spaces or parking spaces
that are accessible to persons with disabilities can be required.
The 33-unit mixed-use project can be found consistent with the General Plan Land Use Policies
as discussed in the findings below and in the project staff report dated Feb. 18, 2026, through
use of a density bonus as allowed under California Law and the Carlsbad Municipal Code. State
law encourages cities to provide affordable housing through incentives to developers (i.e., State
Density Bonus Law, Government Code §65915). State Density Bonus Law allows a developer to
increase density on a property above the maximum density, set under the land use policies of
the General Plan, zoning district, and Specific Plan/Master Plan. In this instance, based on the
adopted land use density of the VC District of the Village and Barrio Master Plan, the base
number of units allowed for a 0.69-acre parcel at 35 du/ac is 25 dwelling units. The applicant is
requesting a 29% increase in density to yield 33 total units and proposed density of 47.8 du/ac.
State Density Bonus Law stipulates that a request for a density bonus does not constitute a valid
basis on which to find a proposed housing development project is not compliant with a general
plan. In addition, State Density Bonus Law explicitly requires the city to consider “the density
allowed under the land use element of the general plan” in determining maximum allowable
residential density and General Plan conformance. Because the project is eligible for a density
bonus, as allowed by State Density Bonus Law, the project is consistent with the development
density established by existing zoning, community plan or General Plan policies.
14. That the requested development or use is properly related to the site, surroundings, and
environmental settings, will not be detrimental to existing development or uses or to development
or uses specifically permitted in the area in which the proposed development or use is to be located,
and will not adversely impact the site, surroundings, or traffic circulation in that the proposed
mixed-use development is located within the Village Center District of the Village & Barrio
Master Plan (VBMP). The project will not be detrimental to existing uses or to uses specifically
permitted in the area in that mixed-use, consisting of multiple-family residential and
commercial (i.e., restaurants, retail, markets, etc.), is permitted by right in the VC District. All
properties surrounding the site are designated for Village Center use pursuant to the VBMP.
The project site is surrounded by a variety of urban uses, including restaurants, commercial and
professional offices, an auto repair shop, and the United States Post Office. In addition, a four-
story mixed-use building one block to the north on the west side of Roosevelt St. with a 100%
density bonus was recently approved by City Council on July 29, 2025 (The Roosevelt, SDP 2024-
0001).
Infrastructure improvements within Roosevelt Street include the replacement of a six-inch-
diameter water line with an eight-inch-wide water line. The existing eight-inch-diameter sewer
line in Roosevelt Street has been determined to be adequate in size to serve the project and
will remain. An offsite, six-inch-diameter public sewer main parallels the rear (west) property
line. It is utilized by existing development adjacent to the property but will not be utilized for
the proposed project. The Utilities Department is requiring a five-foot-wide sewer easement
on the subject property for maintenance of the existing sewer line. In addition, Roosevelt Street
has adequate capacity to accommodate the net increase of 227 Average Daily Trips (ADTs)
generated by the overall project. Pursuant to Assembly Bill 2097 (AB 2097), the city is prohibited
from requiring parking for projects located within one-half mile of a major transit stop, except
for requirements to provide electric vehicle supply equipment installed parking spaces or
parking spaces that are accessible to persons with disabilities that would have otherwise
applied to the development. The project is located approximately 0.25 miles from the Carlsbad
Village Train Station, and therefore only parking spaces for electric vehicle supply equipment
installed parking spaces or parking spaces that are accessible to persons with disabilities can be
required. The project proposes 38 spaces for the residential units, including (9) EV-ready and
three (3) EV “ready with charge” spaces, including one (1) ADA/van accessible space, and four
(4) ADA/EV spaces for the commercial uses, consistent with AB 2097 (Government Code §
65863.2). The circulation width for the drive aisles in the parking structure is also consistent
with the Zoning Ordinance and fire codes. A total of eight (8) residential rental units exist on
proposed project site. Pursuant to Government Code Section 66300 (“Housing Crisis Act”), the
units are required to be replaced. Further, of the five (5) units, three (3) of the units meet the
definition of a “protected unit” pursuant to Government Code Section 66300.5. As a result, the
project proposes one (1) extremely low-income unit (30% AMI) and four (4) low-income units
to satisfy the Housing Crisis Act requirements. The five income-restricted units also satisfy the
Inclusionary Housing Ordinance and density bonus requirements (CMC Chapter 21.86 and State
Density Bonus Law) requirements. Therefore, based on the above analysis, the proposed mixed-
use development will not adversely impact the site, surroundings, or traffic circulation.
15. That the site for the intended development or use is adequate in size and shape to accommodate
the use, in that pursuant to State Density Bonus Law, the Developer has requested waivers to
development standards in the Village & Barrio Master Plan and the Carlsbad Municipal Code
related to maximum building and architectural projection height, setbacks for upper floors,
coverage for upper floors, enclosed fourth floor area, parking space dimensions, and additional
objective design standards. The project is entitled to the requested number of units, and the
density bonus waivers are necessary for the project to be developed at the density requested.
The waivers are permitted pursuant to CMC Chapter 21.86 and State Density Bonus Law, and
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 (provided in Exhibit 5 to the Feb. 18, 2026, Planning Commission staff report). The
proposed density of the project, 47.8 du/ac, complies with the VC District and the density
restrictions of the Village & Barrio Master Plan, as modified by State Density Bonus Law.
16. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested development or use to existing or permitted future development or use in the
neighborhood will be provided and maintained, in that the project complies with all applicable
development standards for mixed-use projects within the VC District of the Village & Barrio
Master Plan, including lot coverage, open space, height, setbacks, and parking, etc., subject to
density bonus provisions for waivers, including reductions of standards. The architecture of the
building is compatible with the surrounding commercial development and implements the
objective design standards of the Village and Barrio Master Plan. Landscaping along the street
frontage and rear elevation will be provided consistent with the requirements of the city’s
Landscape Manual and the Village & Barrio Master Plan.
17. That the street systems serving the proposed development or use is adequate to properly handle
all traffic generated by the proposed use, in that the proposed project has one primary street
frontage, Roosevelt Street, along the eastern property line. An 11-foot (APNs 203-101-12-00
and APN 203-181-10-00) and three-foot-wide (APN 203-181-16-00) right-of-way dedication are
proposed along the project frontage. The existing curb, gutter and sidewalk will be replaced.
Primary vehicular access to the project site will be provided via a driveway off Roosevelt Street.
The proposed project is estimated to generate a net increase of 227 Average Daily Trips (ADT).
Roosevelt Street is designed to adequately handle the traffic generated by the project. The
project site is also located within 0.25 miles of the Carlsbad Village mass transit station which
provides bus, train, and Coaster service daily.
18. That the proposed development or use meets all other specific additional findings as required by
Title 21 and as detailed in the subject Resolution.
Inclusionary Housing Ordinance, Density Bonus Ordinance, State Density Bonus Law, and Housing Crisis
Act
19. Project has been granted additional units and waivers in accordance with density bonus
provisions found in Government Code Section 65915 and Carlsbad Municipal Code Chapter
21.86. Pursuant to density bonus definitions, the project had a calculation of 25 Base Units.
Applicant requested a 29% increase, which allows up to an additional nine (9) units for a total
maximum project size of 33 units. Based on the requested density bonus, Applicant must
provide 16% of the Base Units as low-income units as defined by California Health and Safety
Code Section 50053. The project is conditioned to provide four (4) units for requested 29%
bonus as density bonus affordable units based on calculations in Government Code Section
65915 and enforced by the California Department of Housing and Community Development.
20. Project is also subject to Carlsbad Municipal Code Chapter 21.85, requiring 15% of the base
residential units be affordable for lower income households. Therefore, this project is required
to provide four (4) affordable units.
21. Project is demolishing existing residential units and subject to the state of California Housing
Crisis Act (Government Code Section 66300, Section 66300.5, and Section66300.6). Five (5) units
of the existing eight (8) units have been determined to be protected units, as defined by
Government Code Section66300.5(h)(3). Of the five (5) protected units, one (1) unit will be
affordable to an extremely low-income household for 30 years, earning up to 30% of the Area
Median Income (AMI), and four (4) units will be affordable to low-income households for 30
years, earning up to 80% of the Area Median Income (AMI).
22. According to Government Code Section 65915(c)(3)(B) and (C) protected units must be replaced
at an equivalent size, affordable in the same or lower income category as the households in
occupancy. “Equivalent size” defined by state law (Government Code Section (65915(c)(3)(D)),
means that the replacement units contain at least the same total number of bedrooms as the
units being replaced. The existing eight (8) protected units are all one-bedroom units.
23. State law (Government Code Section 66300.6(b)(4)(A)&(B)) requires that the existing occupants
of protected units be provided with relocation benefits and first right of refusal for a
comparable unit in the new housing development, and at an affordable cost to the household.
24. The project would normally be required to provide affordable units with a mix of bedroom
counts per Carlsbad Municipal Code 21.85.040(H). However, providing affordable units at prices
for two (2) and three (3) bedroom units would prevent existing households from being able to
afford the units when given right of first refusal as required by state law. Therefore, to comply
with state requirements, the project is providing five (5) one-bedroom units as protected
replacement units.
25. Altogether, the project is subject to the terms and limitations of CMC Chapter 21.85
(Inclusionary Housing Ordinance), CMC Chapter 21.86 (Density Bonus Ordinance), and State
Density Bonus Law (Government Code Sections 65915 - 65918), and the replacement provisions
of the Housing Crisis Act. The project’s proposed affordable housing mix satisfies the combined
overlapping effect of the inclusionary units, density bonus units, and replacement units of the
Housing Crisis Act. The four (4) affordable units provided to meet the inclusionary requirement
established pursuant to Chapter 21.85 of the Carlsbad Municipal Code, shall also be counted
toward satisfying the density bonus requirements and replacement unit provisions of the
Housing Crisis Act. The unit allocated to the extremely low-income household category is
provided as a replacement unit to meet the requirements of the California Housing Crisis Act.
The conditions provided in this resolution requires the recordation of one Affordable Housing
Agreement to provide five (5) total affordable units. Four (4) of the affordable units will be
constructed and restricted as to occupancy and affordability to low-income households not
exceeding 80% of the Area Median Income (AMI), and one (1) affordable unit will be
constructed and restricted as to occupancy and affordability to extremely low-income
households, not exceeding 30% of Area Median Income (AMI), as required by the city’s
Inclusionary Housing Ordinance, State Density Bonus Law, and Housing Crisis Act.
General
26. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the city’s General Plan, and the development standards of the Village and Barrio
Master Plan, based on the facts set forth in the staff report dated Feb. 18, 2026, including, but
not limited to the following:
a. Land Use – The project site, as well as the surrounding properties, are in the Village Center
(VC) District of the Village & Barrio Master Plan. Mixed-use projects are permitted uses,
with a density range of 28-35 du/ac. State Density Bonus Law allows increases to this
density range in exchange for additional affordable housing. The proposed mixed-use
project provides 3,419 square feet of new commercial development oriented towards
Roosevelt Street as well as 33 residential condominium units (28 market rate and 5
affordable). The proposed density is 47.8 dwelling units per acre. A total of 42 parking
spaces are proposed within an at-grade parking garage. The project has access to public
transit via the Carlsbad Village Station providing bus, train, and Coaster services, as well as
NCTD bus route 315 providing service between Camp Pendelton, Sprinter, and the Carlsbad
Village Station. The mixed-use project is proposed on a developed site surrounded by urban
development consisting of an auto repair shop, the US Post Office, a restaurant and an office
building. The proposed commercial area is compatible with surrounding land uses and will
provide existing and future residents with access to convenient commercial uses onsite and
the surrounding area. The project reinforces the pedestrian orientation desired for the
downtown area by providing residents with an opportunity to walk to shopping,
restaurants, recreation, and mass transit functions. The project’s proximity to existing bus
routes and other mass transit helps to further the goal of providing new economic
development near transportation corridors. Overall, the mixed-use project would
contribute to the revitalization of the Village Center District.
b. Mobility – A 14-foot-wide sidewalk is proposed in front of the proposed mixed-use building,
adjacent to Roosevelt Street. An 11-foot-wide (APNs 203-101-12-00 and APN 203-181-10-
00) and three-foot-wide (APN 203-181-16-00) right-of-way dedication will be required along
the Roosevelt Street frontage. The existing curb, gutter and sidewalk will be replaced. A
total of three (3) existing street trees are currently located along the project frontage and
will remain. An additional two (2) street trees are proposed, resulting in a total of five (5)
street trees. In addition, the proposed project is located approximately 0.25 miles 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 visitors with new commercial uses
and residents with the opportunity to commute to major job centers, thereby reducing
vehicle miles traveled (VMTs) and the carbon footprint. Furthermore, the project supports
walkability and mobility by locating the project near other existing goods and services
within the Village.
c. Noise – A noise study was prepared by Helix Environmental Planning, dated September
2024. The projected interior and exterior noise levels comply with the standards established
in the city’s Noise Guidelines Manual and General Plan. Specifically, the interior noise level,
with the windows closed and Title 24 building construction, will be less than 45 CNEL. In
addition, the exterior noise level for the roof decks and interior courtyard is expected to be
less than 60 CNEL. No special design features are required to comply with the noise limits
established in the General Plan.
d. Housing – Of the 33 residential units proposed with the project, five (5) units shall be
restricted to lower income households to comply with the Inclusionary Housing Ordinance,
State Density Bonus Law (Government Code Section 65915) and the Housing Crisis Act
(Government Code Section 66300). Specifically, the Developer is required to designate 16%
of the 25 base maximum density units, or four (4) units, as affordable low-income units
(80% of the area median income) to satisfy State Density Bonus Law, which also satisfies
the Inclusionary Housing Ordinance requirements. One additional unit, designated as
extremely low-income (30% of the area median income), is required pursuant to the
Housing Crisis Act.
e. Public Safety – The proposed project is not located in any Fire Severity Zone, Flood Zones,
or Earthquake Fault Zones. The proposed structural improvements would be required to
meet all seismic design standards at time of building permit in accordance with the
California Building Code. The proposed project includes the replacement of a six-inch-wide
water line with an eight-inch-wide water line in Roosevelt Street. The replaced water line
will provide supporting water infrastructure in accordance with Fire & Life Safety
requirements. Fire sprinklers are required and the dwelling units proposed by this project
are all within a five-minute emergency response time. In addition, a conditional Alternative
Means and Materials Plan was approved by the Fire Department on Feb. 26, 2025. In
addition, a five-foot-wide sewer easement at the rear of the property is proposed to assist
with the maintenance of a sewer line which is located offsite and adjacent to the rear
property line. The project would be required to develop and implement a program of “best
management practices” for the elimination and reduction of pollutants which enter and/or
are transported within storm drainage facilities. The project has been conditioned to pay
all applicable public facilities fees for Zone 1.
f. Village Center District Standards – The project, with the implementation of State Density
Bonus Law, is consistent with the development standards for the Village Center (VC)
District, the VBMP Design Guidelines and all other applicable regulations set forth in the
VBMP as discussed in the project staff report.
27. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 1 and all city public facility policies and ordinances. The project
includes elements or has been conditioned to construct or provide funding to ensure that all
facilities and improvements regarding sewer collection and treatment; water; drainage;
circulation; fire; schools; parks and other recreational facilities; libraries; government
administrative facilities; and open space, related to the project will be installed to serve new
development prior to or concurrent with need. Specifically:
a. The project has been conditioned to provide proof from the Carlsbad Unified School District
that the project has satisfied its obligation for school facilities.
b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44 and will be collected
prior to issuance of building permit. Under SB 330, the park-in-lieu fees will be assessed
according to the 2023-2024 Master Fee Schedule which assessed a flat rate per unit based on
subdivision type (attached, residential, more than 4 units, $6,190 per unit). Under the new
2024-2025 Master Fee Schedule, the fees would normally be assessed on the size of each unit
instead of a flat fee per unit based on subdivision type.
c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior
to the issuance of building permit.
d. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
28. The project has been conditioned to pay any increase in public facility fee, or new construction
tax, or development fees, and has agreed to abide by any additional requirements established by
a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal
Code. This will ensure continued availability of public facilities and will mitigate any cumulative
impacts created by the project.
29. This project has been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 1.
30. That all necessary public facilities required by the Growth Management Ordinance will be
constructed or are guaranteed to be constructed concurrently with the need for them created by
this project and in compliance with adopted city standards.
31. That the project is consistent with the city’s Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
32. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed to
mitigate impacts caused by or reasonably related to the project, and the extent and the degree
of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
NOTE: Unless specifically stated in the condition, all the following conditions, upon the approval of this
proposed subdivision, must be met prior to approval of a final map, building or grading permit
whichever occurs first. All references to the “Site Plan” reference the project plans dated Feb.
18, 2026, attached as Exhibits “A” - “HH” of the Planning Commission Staff Report dated Feb.
18, 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 Tentative Tract Map and Site
Development Plan.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Tentative Tract Map and Site Development Plan documents, as necessary
to make them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this project are challenged,
this approval shall be suspended as provided in Government Code §66020. If any such condition
is determined to be invalid, this approval shall be invalid unless the City Council determines that
the project without the condition complies with all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney’s fees incurred by the city arising, directly or indirectly,
from (a) city’s approval and issuance of this Tentative Tract Map and Site Development Plan (b)
city’s approval or issuance of any permit or action, whether discretionary or nondiscretionary, in
connection with the use contemplated herein, and (c) Developer/Operator’s installation and
operation of the facility permitted hereby, including without limitation, any and all liabilities
arising from the emission by the facility of electromagnetic fields or other energy waves or
emissions. This obligation survives until all legal proceedings have been concluded and continues
even if the city’s approval is not validated.
6. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Project Site Plan,
conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final
decision-making body. The copy shall be submitted to the City Planner, reviewed and, if found
acceptable, signed by the city's project planner and project engineer. If no changes were required,
the approved exhibits shall fulfill this condition.
7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
8. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
9. This approval shall become null and void if building or grading permits are not issued for this
project within 36 months from the date of project approval.
10. Pursuant to Senate Bill 330 and Government Code Section 65589, the housing development
project must begin construction within 2.5 years following the date of City Council approval or
the applicant will lose all vested rights received at the time the preliminary application was
submitted on Aug. 29, 2024.
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.
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. 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 Tentative Tract Map and Site Development Plan on the
property. Said Notice of Restriction shall note the property description, location of the file
containing complete project details and all conditions of approval as well as any conditions or
restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority
to execute and record an amendment to the notice which modifies or terminates said notice upon
a showing of good cause by the Developer or successor in interest.
14. 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.
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.
15. 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.
16. 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.
17. Project has been granted additional units and waivers to development standards in accordance
with density bonus provisions found in Government Code Section 65915 and Carlsbad Municipal
Code Chapter 21.86. Per density bonus definitions, the project had a calculation of 25 Base
Units. Applicant requested an increase in density to allow eight (8) additional units, for a total
project size of 33 units. Based on the requested density bonus, project must provide 16% of
base units as affordable to low-income households as defined by California Health and Safety
Code §50053. The project is conditioned to provide four (4) units as Density Bonus affordable
units based on calculations in Government Code Section 65915 and enforced by the California
Department of Housing and Community Development.
18. The project is required to provide four (4) of the residential units as affordable to lower income
households (80% of the Area Median Income (AMI); and one (1) unit to extremely-income
households not exceeding 30% of the Area Medium Income (AMI). The five (5) affordable units
would satisfy the city’s inclusionary housing requirement, State Density Bonus Law, and the
replacement provisions of the Housing Crisis Act. 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.
19. Developer shall construct the project’s required affordable units concurrent with the project’s
market rate units in accordance with Section 21.85.100(C) of the Carlsbad Municipal Code.
Affordable units within the project must be distributed evenly across various areas and floors,
adhering to the guidelines of California Health and Safety Code Section 17929, rather than being
concentrated in specific locations. To satisfy this requirement, the affordable units will consist
of four A1 and A3 unit types on floors 2 and 3, and one A1 unit type on floor 4 and will be
identified in the Affordable Housing Agreement.
20. Prior to the issuance of building permits, the Developer shall enter into an Affordable Housing
Agreement with the city. The agreement shall satisfy the following criteria:
a. To provide and deed restrict one (1) dwelling unit as affordable to an extremely low-income
household for 30 years, earning up to 30% of the area median income (AMI), and four (4)
dwelling units as affordable to low-income households for 30 years, earning up to 80% of
the Area Median Income (AMI).
b. The agreement shall be in accordance with the requirements and process set forth in
Chapters 21.85 and 21.86 of the Carlsbad Municipal Code. The draft Affordable Housing
Agreement shall be submitted to the City Planner no later than 60 days prior issuance of
the first building or grading permit and shall be recorded prior to issuance of the first
building or grading permit. The recorded Affordable Housing Agreement shall be binding on
all future owners and successors in interest
21. Affordable housing cost for all five (5) affordable units is calculated pursuant to California
Health and Safety Code Section 50052.5.
22. Project must comply with occupant noticing requirements and protections defined in
Government Code Section 66300.6. Documentation demonstrating compliance with these
requirements shall be submitted to the City Planner no later than 60 days prior to issuance of
first building permit.
a. Noticing per Government Code Section 66300.6(b)(3)(A), that all existing occupants
must be allowed to remain in their units until six (6) months before the start of
construction activities. Additionally, existing occupants that are required to vacate their
units, must be allowed to return at the prior rental rate should the project not proceed.
b. Evidence of appropriate relocation benefits were paid to eligible occupants in
accordance with Government Code Section 7260, per Government Code Section
66300.6(b)(4), and first right of refusal for a comparable unit, affordable to household
at an affordable housing cost, pursuant to Health and Safety Code Section 50052.5 in
the proposed new housing development.
23. The owners of the five (5) lower-income units shall have equal access to the residential parking
spaces in the parking garage and shall be given equal opportunity to pay for a parking space, to
the satisfaction of the City Planner and the Housing & Homeless Services Director.
24. No portion of the project may be used for transient purposes. No housing unit shall be made
available for less than 30 calendar days, counting portions of calendar days as full days. Every
lease or other rental agreement for the occupancy of a housing unit or portions of a unit shall
include a clause providing that it is a material breach of the agreement for the tenant to offer,
rent, or maintain any short-term rental for less than 30 calendar days, counting portions of
calendar days as full days. “Rent” means the consideration charged, whether or not received,
for the occupancy of space valued in money, whether to be received in money, goods, labor or
otherwise, including all receipts, cash, credits and property and services of any kind of nature,
without any deduction there from whatsoever. Property owners or managers with knowledge
of violations shall take reasonable steps to investigate and enforce the regulations, including a
written notice to the resident of the landlord's knowledge of the violation, a request to cease
the violation, and the course of action to be taken if the violation is not corrected.
25. 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.
26. 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.
27. The parking garage gate shall remain open, or the commercial operator shall cause the parking
garage gate to be opened for commercial patrons and employees, for the duration of normal
business hours to provide access to the three (3) required electric vehicle (EV) parking spaces
and one (1) EV ADA van accessible parking space. A note shall be added to the building plans
specifying this requirement. The same language shall be included in the CC&Rs for the mixed
use development.
28. 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.
29. The short-term bicycle storage area shall be designed to accommodate a minimum of six (6)
bicycles. The details shall be shown on the building plans (the California Green Building
Standards Code may require a greater amount of bicycle parking than the minimum standard
set by this condition).
30. Consistent with the requirements of AB 130 (2025), a Phase I Environmental Assessment as
defined in Section 78090 of the Health and Safety Code, shall be submitted prior to issuance of
the grading permit, to the satisfaction of the City Planner.
a. If a recognized environmental condition is found, the development proponent shall
complete a preliminary endangerment assessment, as defined in Section 78095 of the
Health and Safety Code, prepared by an environmental assessor to determine the
existence of any release of a hazardous substance on the site and to determine the
potential for exposure of future occupants to significant health hazards from any nearby
property or activity.
b. If a release of a hazardous substance is found to exist on the site, the release shall be
removed, or any effects of the release shall be mitigated to levels required by current
federal and state statutory and regulatory standards before the local government issues
a certificate of occupancy.
c. If a potential exposure to significant hazards from surrounding properties or activities
is found to exist, the effects of the potential exposure shall be mitigated to levels
required by current federal and state statutory and regulatory standards before the
local government issues a certificate of occupancy.
31. Developer shall establish a homeowner's association and corresponding covenants, conditions,
and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner
prior to final parcel map approval. Prior to issuance of a building permit, the Developer shall
provide the Planning Division with a recorded copy of the official CC&Rs that have been
approved by the Department of Real Estate and the City Planner. At a minimum, the CC&Rs
shall contain the following provisions:
a. General Enforcement by the City: The City shall have the right, but not the obligation,
to enforce those Protective Covenants set forth in this Declaration in favor of, or in
which the City has an interest.
b. Notice and Amendment: A copy of any proposed amendment shall be provided to the
City in advance. If the proposed amendment affects the City, City shall have the right
to disapprove. A copy of the final approved amendment shall be transmitted to City
within 30 days for the official record.
c. Failure of Association to Maintain Common Area Lots and Easements: In the event that
the Association fails to maintain the “Common Area Lots and/or the Association’s
Easements” as provided in Article, Section ______the city shall have the right, but not
the duty, to perform the necessary maintenance. If the city elects to perform such
maintenance, the city shall give written notice to the Association, with a copy thereof to
the Owners in the Project, setting forth with particularity the maintenance which the city
finds to be required and requesting the same be carried out by the Association within a
period of thirty (30) days from the giving of such notice. In the event that the Association
fails to carry out such maintenance of the Common Area Lots and/or Association’s
Easements within the period specified by the city’s notice, the City shall be entitled to
cause such work to be completed and shall be entitled to reimbursement with respect
thereto from the Owners as provided herein.
d. Special Assessments Levied by the City: In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association’s Easements,
the city shall submit a written invoice to the Association for all costs incurred by the City
to perform such maintenance of the Common Area Lots and/or Association’s Easements.
The city shall provide a copy of such invoice to each Owner in the Project, together with
a statement that if the Association fails to pay such invoice in full within the time
specified, the city will pursue collection against the Owners in the Project pursuant to
the provisions of this Section. Said invoice shall be due and payable by the Association
within twenty (20) days of receipt by the Association. If the Association fails to pay such
invoice in full within the period specified, payment shall be deemed delinquent and shall
be subject to a late charge in an amount equal to six percent (6%) of the amount of the
invoice. Thereafter the City may pursue collection from the Association by means of any
remedies available at law or in equity. Without limiting the generality of the foregoing,
in addition to all other rights and remedies available to the city, the city may levy a
special assessment against the Owners of each Lot in the Project for an equal pro rata
share of the invoice, plus the late charge. Such special assessment shall constitute a
charge on the land and shall be a continuing lien upon each Lot against which the special
assessment is levied. Each Owner in the Project hereby vests the city with the right and
power to levy such special assessment, to impose a lien upon their respective Lot and to
bring all legal actions and/or to pursue lien foreclosure procedures against any Owner
and his/her respective Lot for purposes of collecting such special assessment in
accordance with the procedures set forth in Article of this Declaration.
e. Landscape Maintenance Responsibilities: The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit ____________.
f. Balconies, trellis, and decks: The individual lot or unit owner allowances and
prohibitions regarding balconies, trellis, and decks shall be as set forth in Exhibit
__________.
g. Assessment Limitation for Affordable Units: Pursuant to California Civil Code Section
5605 the Homeowners’ Association is prohibited from imposing a regular assessment
against an affordable unit that is more than five percent (5%) plus the percentage change
in the cost of living, not to exceed ten percent (10%) greater than the preceding regular
assessment.
32. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When
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.
33. 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.
34. This project is being approved as a condominium permit for residential ownership purposes. If
any of the residential units in the project are rented, the minimum time increment for such
rental shall be not less than 31 days. The CC&Rs for the project shall include this requirement.
Should the City Council adopt an ordinance that would permit rental of the units for less than
31 days, this condition shall be null and void.
35. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the City
Planner, in the sales office or inside each unit, at all times. All sales maps that are distributed or
made available to the public shall include but not be limited to trails, future and existing schools,
parks, and streets.
36. Developer shall post a sign in the sales office, or inside each unit, in a prominent location that
discloses which special districts and school district provide service to the project. Said sign shall
remain posted until all of the units are sold.
37. 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.
38. 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 Section 11.12.090 of the Carlsbad Municipal Code. 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.
39. Pursuant to the results of the Assembly Bill (AB) 130 tribal consultation process, the following
condition shall be implemented prior to issuance of the grading permit and/or during grading
operations on behalf of the Rincon Band of Luiseño Indians (see Exhibit 11 of Planning
Commission Staff report dated Feb. 18, 2026):
a. CULTURAL MONITORING PROGRAM: Full-time monitoring during ground disturbing
activities will occur by a qualified archaeological monitor and a tribal monitor
representing the Rincon Band of Luiseño Indians throughout the entire project area.
Ground disturbing activities include but are not limited to mass grading, trenching,
brush clearance, geological excavation, conservation fence installation, and grubbing.
Monitoring will occur in an effort to identify and protect any previously unknown and
potentially significant/ important cultural resource(s). Any newly discovered cultural
resource(s) shall be subject to evaluation. In the event of a potential cultural resource
discovery, the archaeological and tribal monitors will have the authority to temporarily
divert ground disturbing activities to inspect the find. Full-time monitoring should
continue until the project archaeologist, in concurrence with the tribal monitor,
determines that the overall sensitivity of the project area has been reduced to low.
Should the monitors determine that there is no longer any potential to impact cultural
resources within the project area, all monitoring should cease. Appropriate participants
should be notified, and the required forms and reports should be prepared and
submitted.
b. TRIBAL MONITOR RETAINED: At least 45 days prior to pulling grading permits, the
project applicant/landowner shall contact the Rincon Band of Luiseño Indians to enter
into a Tribal Monitoring & Cultural Resources Treatment Agreement to retain a
qualified tribal monitor to monitor all ground disturbing activities. The Agreement shall
address the treatment of known cultural resources; the designation, responsibilities,
and participation of professional tribal monitors during grading, excavation, and ground
disturbing activities; project scheduling; terms of compensation for the monitors; and
treatment and final disposition of any cultural resources, sacred sites, and human
remains discovered during development. Upon completion, the finalized Agreement
will be submitted to the Planning Department to satisfy this requirement. The Rincon
Band of Luiseño Indians will also be notified at least 48 hours in advance of the pre-
construction meeting so preparations can be made for a representative to attend.
c. ARCHAEOLOGICAL MONITOR RETAINED: At least 45 days prior to pulling grading
permits, the project applicant/landowner shall contact a qualified archaeologist to
enter into an agreement to retain a qualified archaeological monitor to all monitor
ground disturbing activities. The qualified archaeologist shall meet the Secretary of the
Interior’s (SOI) Professional Qualifications Standards (48 Federal Register 44738-39).
The completed agreement shall be submitted to the Planning Department. Upon
completion, the finalized Agreement will be submitted to the Planning Department to
satisfy this requirement. The project archaeologist will also be notified at least 48 hours
in advance of the pre-construction meeting so preparations can be made for a
representative to attend.
d. CULTURAL RESOURCES MONITORING PLAN (CRMP): At least 60 days prior to pulling
grading permits, the Applicant will contact the project archaeologist to develop a
Cultural Resources Monitoring Plan (CRMP) to guide the procedures and protocols of a
mitigation-monitoring program that shall be implemented within the project
boundaries during all ground disturbing activities. The CRMP will be prepared in
consultation with and review from the Rincon Band of Luiseño Indians. It will outline
the project schedule; if applicable, discuss any specific avoidance, preservation, or
excavations required; address the methodology for grading activity observation by the
monitors; and shall include a treatment plan, based on the project mitigation measures
and conditions of approval, should any cultural resources be identified. The extent of
the monitoring program will be dependent upon the project duration and complexity
of ground disturbing activities. The archaeologist in concurrence with the tribal monitor
shall determine the required duration and extent of monitoring. The final CRMP
document will be submitted to the project planner for review and edits. Once all edits
are complete and prior to pulling planning permits, the final CRMP will be submitted to
the planning department, the Applicant, the construction manager, and the Rincon
Band of Luiseño Indians. Construction personnel shall adhere to the stipulations of the
CRMP.
e. UNANTICIPATED DISCOVERIES: In the event that cultural resource(s) are unearthed
during ground disturbing activities, the archeological monitor and tribal monitor shall
have the authority to temporarily halt or redirect ground disturbing activities away
from the vicinity of these unanticipated discoveries so that they may be evaluated. The
landowner/project applicant or appropriate representative, the project archaeologist,
and the Rincon Band tribal representative shall assess the significance of such cultural
resource(s) and, if the cultural resource(s) is determined to be culturally significant, they
shall meet to confer regarding the appropriate treatment for the cultural resource(s).
Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of
preservation. The archaeologist and the tribal representative shall make
recommendations to the Lead Agency on the measures that will be implemented to
protect the newly discovered cultural resource(s), including but not limited to,
avoidance in place, excavation, relocation, and further evaluation of the discoveries in
accordance with California Environmental Quality Act (CEQA).
No further ground disturbance shall occur in the area of the discovery until the Lead
Agency approves the measures to protect the significant cultural resource(s). Any
cultural resources recovered as a result, excluding items covered by the provisions of
applicable Treatment Plans or Agreements, shall be repatriated to the Rincon Band of
Luiseño Indians.
If the Developer, the project archaeologist, and the Rincon Band of Luiseño Indians
cannot agree on the significance or the mitigation for the newly discovered cultural
resource(s), these issues will be presented to the City Planner for decision. The City
Planner shall make the determination based on the provisions of CEQA with respect to
cultural resources and shall take into account the religious beliefs, customs, and
practices of the Rincon Band. Notwithstanding any other rights available under the law,
the decision of the City Planner shall be appealable to the Planning Commission.
f. SACRED SITES: All sacred sites, should they be encountered within the Project area, shall
be avoided and preserved as the preferred mitigation, if feasible.
g. ARTIFACTS: The landowner(s) shall relinquish ownership of all cultural resources,
including sacred items, burial goods, and all cultural artifacts that are found on the
project area to the Rincon Band of Luiseño Indians for proper treatment and disposition
as outlined in the Tribal Monitoring & Cultural Resources Treatment Agreement.
h. REPATRIATION: All cultural resources that are collected during the project construction
will be repatriated to the Rincon Band of Luiseño Indians for permanent onsite reburial.
The archaeologist in coordination with the Rincon tribal monitor will conduct
appropriate inventory work. During those 60 days, the Rincon Band will work with the
proponent to select a location for reburial that will be free from any disturbance
including but not limited to development, excavation, any landscaping that exceeds the
depth of the resources, above- or below-ground utility installation, flooding, etc. Upon
return of the cultural resources, the proponent will allow the Rincon Band a reasonable
timeframe in which to access the agreed upon area. The Rincon Band will document the
reburial location with GPS coordinates, add the data to internal GIS systems, and
complete a form for submittal to the NAHC.
i. REBURIAL: A fully executed reburial agreement with the Rincon Band of Luiseño Indians
must be developed. This agreement shall include measures and provisions to protect
the reburial area from any future impacts. Reburial shall not occur until all cataloguing
has been completed on the cultural resources. No photography, invasive or destructive
testing of any human remains or associated artifacts is allowed. Details of contents and
location of the reburial shall be included in the Phase IV Report.
j. REPORTING: A final Phase IV report shall be completed by the project archaeologist no
later than 90 days after monitoring has been completed. The report will include the
results of monitoring including a list of project personnel, a catalog of any cultural
resources that were identified, any associated DPR 523 Forms and/or confidential
maps, details of the location of the final disposition of cultural resources, any issues or
problems that occurred during monitoring, and any other pertinent information. Once
completed, the project archaeologist will submit a draft to the Lead Agency for review
and approval. Upon approval by the Lead Agency, a complete final report shall be
submitted to the appropriate Information Center, the Rincon Band of Luiseño Indians,
any relevant curation facility, and the landowner/applicant.
k. HUMAN REMAINS: If human remains are encountered, California Health and Safety
Code Section 7050.5 states that no further disturbance shall occur until the County
Coroner has made the necessary findings as to origin. Further, pursuant to California
Public Resources Code Section 5097.98(b) remains shall be left in place and free from
disturbance until a final decision as to the treatment and disposition has been made. A
Rincon tribal representative must be present during the Coroner’s assessment. If the
Coroner determines the remains to be Native American, then he/she must contact the
Native American Heritage Commission (NAHC) within 24 hours. The NAHC must then
immediately identify the “most likely descendant(s)” of receiving notification of the
discovery. The most likely descendant(s) shall then make recommendations within 48
hours of being notified and engage in consultations concerning the treatment of the
remains as provided in Public Resources Code 5097.98 and the Tribal Monitoring &
Cultural Resources Treatment Agreement.
l. TRANSIENT USES PROHIBITED. It shall be a material breach of the CCRs to offer, rent, or
maintain any short-term rental for less than 30 calendar days, counting portions of
calendar days as full days.
40. Pursuant to the results of the Assembly Bill (AB) 130 tribal consultation process, the following
condition shall be implemented prior to issuance of the grading permit and/or during grading
operations on behalf of the Pala Band of Mission Indians:
Prior to the commencement of any ground-disturbing activities, including but not limited to
exploratory geotechnical investigations/borings for contractor bidding purposes, the project
developer shall enter into a Pre-Excavation Agreement, otherwise known as a Tribal Cultural
Resources Treatment and Tribal Monitoring Agreement, with the Pala Band of Mission Indians
or other Traditionally and Culturally Affiliated Pala Band of Mission Indians tribe (“TCA Tribe”).
This agreement will contain provisions to address the proper treatment of any tribal cultural
resources and/or Pala Band of Mission Indians Native American human remains inadvertently
discovered during the course of the project. The agreement shall outline the roles and powers
of the Pala Band of Mission Indians Native American monitors and the archaeologist and may
include the following provisions. A copy of said archaeological contract and Pre-Excavation
Agreement shall be provided to the City of Carlsbad prior to the issuance of a grading permit.
a. A Pala Band of Mission Indians Native American monitor, associated with a TCA Tribe, shall
be present during all ground disturbing activities. Ground disturbing activities may include,
but are not be limited to, archaeological studies, geotechnical investigations, clearing,
grubbing, trenching, excavation, preparation for utilities and other infrastructure, and
grading activities.
b. Any and all uncovered artifacts of Mission Band Native American cultural importance shall
be treated with dignity and respect in accordance with the TCA Tribe’s cultural and spiritual
traditions and returned to the Pala Band of Mission Indians for reburial on-site within an
appropriate location protected by open space or easement, etc., where the cultural items
will not be disturbed in the future, or shall be returned to the Most Likely Descendant,
whichever is most applicable, and shall not be curated, unless ordered to do so by a federal
agency or a court of competent jurisdiction, as provided in the City of Carlsbad Tribal,
Cultural and Paleontological Resources Guidelines (TCPRG) and in acknowledgment of the
City of Carlsbad’s special long-standing relationship with the Pala Band.
c. The Pala Band of Mission Indians Native American monitor shall be present at the project’s
preconstruction meeting to consult with grading and excavation contractors concerning
excavation schedules and safety issues, as well as to consult with the archaeologist
concerning the proposed archaeologist techniques and/or strategies for the project.
d. Pala Band of Mission Indians Native American monitors and archaeological monitors shall
have joint authority to temporarily divert and/or halt construction activities. If tribal
cultural resources are discovered during construction, all earth-moving activity within and
around the immediate discovery area must be diverted until the Luiseño Native American
monitor and the archaeologist can assess the nature and significance of the find.
e. If a significant tribal cultural resource(s) and/or unique archaeological resource(s) are
discovered during ground-disturbing activities for this project, the Pala Band of Mission
Indians (in accordance with TCPRG Section 8.2.2.4) and any TCA Tribes that consulted with
the city under SB 130 for this project shall be notified and consulted regarding the respectful
and dignified treatment of those resources. Pursuant to California Public Resources Code
Section 21083.2(b) avoidance is the preferred method of preservation for archaeological
and tribal cultural resources. If, however, the Applicant is able to demonstrate that
avoidance of a significant and/or unique cultural resource is infeasible and a data recovery
plan, or other culturally-appropriate mitigation measure, is authorized by the City of
Carlsbad as the lead agency, the Pala Band of Mission Indians (in accordance with TCPRG
Section 8.2.2.4) and the TCA Tribes that consulted with the city under SB 130 for this project
shall be consulted regarding the drafting and finalization of any such recovery plan.
f. When tribal cultural resources are discovered during the project, if the archaeologist
collects such resources, a Luiseño Native American monitor must be present during any
testing or cataloging of those resources. If the archaeologist does not collect the tribal
cultural resources that are unearthed during the ground disturbing activities, the Pala Band
of Mission Indians Native American monitor shall follow the procedures in TCR-1b.
g. If suspected Native American human remains are encountered, California Health and Safety
Code Section 7050.5(b) states that no further disturbance shall occur until the San Diego
County Medical Examiner has made the necessary findings as to origin. Further, pursuant
to California Public Resources Code Section 5097.98(b) remains shall be left in place and
free from disturbance until a final decision as to the treatment and disposition has been
made. Suspected Native American remains shall be examined in the field and kept in a
secure location at the site. A Pala Band of Mission Indians Native American monitor shall
be present during the examination of the remains. If the San Diego County Medical
Examiner determines the remains to be Native American, the Native American Heritage
Commission (NAHC) must be contacted by the Medical Examiner within 24 hours. The NAHC
must then immediately notify the “Most Likely Descendant” about the discovery. The Most
Likely Descendant shall then make recommendations within 48 hours and engage in
consultation concerning treatment of remains as provided in Public Resources Code
5097.98.
h. In the event that fill material is imported into the project area, the fill shall be clean of tribal
cultural resources and documented as such. Commercial sources of fill material are already
permitted as appropriate and will be culturally sterile. If fill material is to be utilized and/or
exported from areas within the project site, then that fill material shall be analyzed and
confirmed by an archeologist and Pala Band of Mission Indians Native American monitor
that such fill material does not contain tribal cultural resources.
i. No testing, invasive or non-invasive, shall be permitted on any recovered tribal cultural
resources without the written permission of the consulting tribes.
j. Prior to the approval of final inspection, a monitoring report and/or evaluation report, if
appropriate, which describes the results, analysis and conclusions of the monitoring
program shall be submitted by the archaeologist, along with the Pala Band of Mission
Indians Native American monitor’s notes and comments, to the City of Carlsbad for
approval. Said report shall be subject to confidentiality as an exception to the Public
Records Act and will not be available for public distribution.
Engineering
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of
this proposed subdivision, must be met prior to approval of a final map, building or grading permit
whichever occurs first.
General
41. 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.
42. 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.
43. Developer shall submit to the city engineer an acceptable instrument, via CC&Rs and/or other
recorded document, addressing the maintenance, repair, and replacement of shared private
improvements within this subdivision, including but not limited to private underground parking,
streets, utilities, street trees, sidewalks, landscaping, biofiltration planters, tree wells and storm
drain facilities located therein and to distribute the costs of such maintenance in an equitable
manner among the owners of the properties within this subdivision. The CC&Rs shall include a
requirement to provide an annual verification of the effective operation and maintenance of each
structural treatment control BMP in accordance with the BMP maintenance agreement and the
SWQMP. The annual verification shall be submitted to the enforcement official in a format as
approved by the city prior to the start of the rainy season.
44. 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.
45. 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.
46. 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.
47. Property owner shall maintain all landscaping street trees and irrigation along the parkway
frontage with Roosevelt Street as shown on the Tentative Map/Site Plan.
Fees/Agreements
48. 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.
49. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city’s standard form Drainage Hold Harmless Agreement.
50. 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.
51. 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 streetlights, as needed, along the subdivision frontage, should a future
district be formed.
Grading
52. 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.
53. Prior to issuance of the grading permit, the contractor shall submit a Construction Plan to the city
engineer for review and approval. Said Plan may be required to include, but not be limited to,
identifying the location of the construction trailer, material staging, bathroom facilities, parking
of construction vehicles, employee parking, construction fencing and gates, obtaining any
necessary permission for off-site encroachment, addressing pedestrian safety, and identifying
time restrictions for various construction activities.
Storm Water Quality
54. 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.
55. 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.
56. 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.
57. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control
BMP and applicable hydromodification measures.
Dedications/Improvements
58. Developer shall cause owner to dedicate to the city for public street and utility purposes as shown
on the tentative map along Roosevelt Street. The offer shall be made by a certificate on the final
map. All land so offered shall be free and clear of all liens and encumbrances and without cost to
the city. Streets that are already public are not required to be rededicated. Additional easements
may be required at final design to the satisfaction of the city engineer.
59. Developer shall cause owner to dedicate to the city a 5.0 foot wide easement for general utility
and access purposes for sewer as shown on the tentative map. The offer shall be made by a
certificate on the final map. All land so offered shall be free and clear of all liens and
encumbrances and without cost to the city. Additional easements may be required at final design
to the satisfaction of the city engineer.
60. 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.
61. 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.
62. 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, gutter and sidewalk
B. Water and Fire Services, Meter’s and Backflows
C. Sewer Services
D. D25 Curb Outlet
E. Tree Wells
F. 3” AC Grind and Overlay
G. 8” PVC Waterline
H. Existing Sewer, Water removals
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.
63. Developer is responsible for ensuring all existing overhead utilities servicing the subject property
are to be undergrounded as shown on the tentative map and to the satisfaction of the city
engineer. No new or relocated utility poles are allowed.
64. Developer is responsible for ensuring 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
65. Add the following notes to the final map as non-mapping data:
A. Developer has executed a city standard Subdivision Improvement Agreement and has
posted security in accordance with C.M.C. Section 20.16.070 to install public
improvements shown on the tentative map. These improvements include, but are not
limited to:
1) Curb, gutter and sidewalk
2) Water and Fire Services, Meter’s and Backflows
3) Sewer Services
4) D25 Curb Outlet
5) Tree Wells
6) 3” AC Grind and Overlay
7) 8” PVC Waterline
8) Existing Sewer, Water removals
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. 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.
D. 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.
E. 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
66. 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 securities in accordance with Carlsbad Municipal Code (CMC) Section 20.16.070 for
public improvements shown on the approved plan. Said improvements shall be installed to city
standards to the satisfaction of the City Engineer and shall include, but are not limited to:
a. Replace 6-inch AC water main with new 8-inch PVC water main in Roosevelt Street along the
project frontage.
b. Install water services, irrigation service and fire service necessary to service the project.
c. Replace/reconnect all existing water services along the length of the replaced water main.
d. Replace existing valves and fittings with new valves and fittings per engineering standards.
e. Provide water highline service during construction.
67. Developer shall replace the off-site portion of the 6-inch AC water main in Roosevelt Street, from
the northern limit of the project frontage to and including the water valve assembly at the
intersection of Beech Avenue, with new 8-inch PVC water main pursuant to Government Code
Sections 66485 and 66486 and CMWD Code Section 2.20.040.
68. Developer may be eligible for reimbursement of costs for the off-site water system improvements
on Roosevelt Street pursuant to a reimbursement agreement per CMWD Code Section 2.20.070
and as approved by the CMWD Board.
69. Prior to the issuance of Building permits, the Developer shall pay a special sewer connection fee
for the development project’s proportionate share (in Equivalent Dwelling Units) of sewer
capacity to be constructed at the Home Plant Sewer Lift Station.
70. 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
71. Developer shall design and agree to construct public facilities within public right-of-way or within
minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the discretion
of the district or city engineer, wider easements may be required for adequate maintenance,
access and/or joint utility purposes.
72. 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.
73. 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.
74. The developer shall agree to pay the cost for removal of sewer lateral connections from the
existing 6-inch, offsite public sewer main along the western property boundary. Alternatively,
the developer shall secure property access to the sewer main and properly remove sewer lateral
connections.
75. 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:
76. 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.
77. 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.
78. Subdivider shall comply with Section 20.16.040(D) of the Carlsbad Municipal Code regarding the
undergrounding of existing overhead utilities.
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 Feb. 18, 2026, by the following vote, to wit:
AYES: Fitzgerald, Burrows, Merz, Foster, Hubinger, Meenes.
NAYES: Lafferty.
ABSENT: None.
ABSTAIN: None.
____________________________________________
ROY MEENES, Chairperson
Carlsbad Planning Commission
____________________________________________
MICHAEL STRONG,
Director of Community Development Department