HomeMy WebLinkAbout2026-05-06; Planning Commission; Resolution 7577Docusign Envelope ID: 877226AD-EBF1-4A3F-823E-F63E2D84D306
PLANNING COMMISSION RESOLUTION NO. 7577
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD,
CALIFORNIA, RECOMMENDING APPROVAL OF A CEQA DETERMINATION FOR
A CLASS 32 INFILL EXEMPTION, A TENTATIVE TRACT MAP CT 2024-0007, SITE
DEVELOPMENT PLAN SDP 2024-0022, AND COASTAL DEVELOPMENT
PERMIT CDP 2024-0035 TO DEMOLISH A VACANT BANK BUILDING AND
DRIVE-THROUGH AND CONSTRUCT A FIVE-STORY MIXED-USE BUILIDNG
CONSISTING OF 3,801 SQUARE FEET OF COMMERCIAL SPACE, 50
RESIDENTIAL CONDOMINIUMS AND 50 COVERED PARKING SPACES ON A
0.72-ACRE PROPERTY LOCATED AT 840 CARLSBAD VILLAGE DRIVE IN THE
NORTHWEST QUADRANT OF THE CITY, THE VILLAGE & BARRIO MASTER
PLAN, AND LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: RINCON CVD
CASE NO.: CT2024-0007 /SDP 024-0021/CDP 2024-0035 (DEV2024-
0004)
WHEREAS, RINCON HOMES, "Developer," has filed a verified application with the City of
Carlsbad regarding property owned by SJM CARLSBAD, LLC, "Owner," described as
PARCEL 1:
THE EAST HALF OF LOTS 1 THROUGH 4 INCLUSIVE, IN BLOCK 56 OF CARLSBAD, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 775, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 15, 1894.
EXCEPT THEREFROM ANY PORTION LYING WITHIN THE WEST 70.00 FEET OF SAID LOTS.
PARCEL 2:
LOTS 5 THROUGH 11 INCLUSIVE, IN BLOCK 56 OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 775, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 15, 1894.
("the Property"); and
WHEREAS, said verified application constitutes a request for a Tentative Tract Map, Site
Development Plan, and Coastal Development Permit as shown on Exhibit(s) "A" -''TT" dated May 6, 2026,
on file in the Planning Division, CT 2024-0007 /SDP 2024-0021/CDP 2024-0035 -RINCON CVD as provided
by Title 20 and Chapters 21.06, 21.85, 21.86, 21.201 of the Carlsbad Municipal Code and the Village &
Barrio Master Plan; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA, Public Resources
Code section 21000 et. seq.) and its implementing regulations (the State CEQA Guidelines), Article 14 of
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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 May 6, 2026, hold a duly noticed public
hearing as prescribed by law to consider said request relative to the Tentative Tract Map, Site
Development Plan, and Coastal Development Permit 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, Site Development Plan, and Coastal Development Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A)
B)
C)
Findings:
That the foregoing recitations are true and correct.
Compliance with CEQA. The proposed action to demolish a vacant bank building and
associated drive-through and the construction of five-story, mixed-use building
featuring 50 residential condominium and approximately 3,800 square feet of
commercial space, is categorically exempt from environmental review under CEQA
Guidelines section 15332 (Class 32 -Infill Development Projects), which allows for infill
development projects that meets certain criteria, such as being surrounded by urban
uses and not resulting in significant impacts. No exceptions to the categorical exemption
as set forth in CEQA Guidelines Section 15300.2 or Carlsbad Municipal Code Section
19.04.070(C) apply. The notice of exemption will be filed with the Recorder/County
Clerk within five days after project approval by the decision-making body.
That based on the evidence presented at the public hearing, the Planning Commission
RECOMMENDS APPROVAL OF CT 2024-0007 /SDP 2024-0021/ CDP 2024-0035-RINCON
CVD, based on the following findings and subject to the following conditions:
Tentative Tract Map CT 2024-0007
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
master and 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 fifty (SO) residential air-space condominium units and three (3)
commercial units 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 May 6, 2026.
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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, and
Coastal Development Permit 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 an incentive and waivers to
development standards in the Village & Barrio Master Plan and the Carlsbad Municipal Code
{CMC) related to commercial parking requirements, maximum building height, setbacks for
upper floors, total upper floor area, fa~ade plane breaks, depth of ground floor street frontage
uses, and parking space dimensions. The project is entitled to the requested number of units,
and the incentive and density bonus waivers are necessary for the project to be developed at
the density requested. The incentive and 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 May 6, 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 50 units on a 0.72-acre site results in a proposed density of 69.4 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 92% density bonus. In exchange for the increase in density, a total of 15% of the base number
of units or four (4) units are required to be designated as affordable, very-low-income units
{50% of the area median income) and 15% of the base number of units or four (4) units are
required to be designated as affordable, moderate-income units {110% of the area median
income).
5. 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 categorically exempt from the California Environmental Quality Act.
6. 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.
7. 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.
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8. That all requirements of the California Environmental Quality Act (CEQA) have been met in that
the project is within the city limits, is less than five acres in size, and is surrounded on all four
sides by urban uses including a church, a dental office, office buildings, single-family residences,
and commercial buildings. Because the site contains only non-native and ornamental
vegetation, the site has no value as habitat for endangered, rare, or threatened species.
Approval of the project would not result in any significant effects relating to traffic, noise, air
quality, or water quality. Finally, the site can be adequately served by all required utilities and
public services. In accordance with the CMC, the Project would pay the required Public Facility
Fee and water and sewer connection fees to help offset the Project's cumulative impact and
help fund the public infrastructure and services necessary to accommodate growth.
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
an urban use, 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 CMC in that the site is relatively flat and is not subject to the
hillside development regulations.
Site Development Plan, SDP 2024-0021
13. That the proposed development or use is consistent with the General Plan and the Village & Barrio
Master Plan, complies with all applicable provisions of Chapter 21.06 of the CMC, and all other
applicable provisions of this code, in that the project proposes the demolition of a 5,515-square-
foot bank building and associated drive-through for the construction of a 63-feet-6-inches tall -
with allowed roof protrusions reaching to 71-feet-2-inches, five story five-story, 92,439-square-
foot, mixed-use building on a 0. 72-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 3,801 square feet, 50 stacked
residential condominium units (42 market rate and 8 affordable) on floors two (2) through five
(5), and 50 covered parking spaces (48 for residential units and 2 for commercial) located within
an at-grade, gated parking garage off the Jefferson Street Alley.
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
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is located approximately 0.4 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. Additionally, an incentive was
requested under State Density Bonus Law to waive all commercial parking. However, the
applicant is voluntarily providing two commercial accessible parking spaces as mentioned
above.
The SO-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 May 6, 2026, through
use of a density bonus as allowed under California Law and the CMC. 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 0.72-acre parcel at 35 du/ac is 26 dwelling units. The applicant is requesting a 92%
increase in density to yield 50 total units and a proposed density of 69.4 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 a church across Carlsbad
Village Drive, a dental office building on the Carlsbad Village Drive and Jefferson Street corner,
2-to-3-story office buildings to the north, single-family residential buildings across from
Jefferson Street to the west, and commercial uses to the east across the Jefferson Street Alley.
In addition, a four-story mixed-use building four blocks northwest on the west side of Roosevelt
Street with a 100% density bonus was recently approved by City Council on July 29, 2025 (The
Roosevelt, SDP 2024-0001).
Infrastructure improvements within Jefferson Street include the installation of a 6-inch fire
service with backflow device, a fire hydrant with 6-inch fire water service, and replacing the
existing 8" PVC water main between the project's proposed connections to the nearest pipe
joints with new 8" PVC DR14 water main. In addition, the street system has adequate capacity
to accommodate the 453 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
Docusign Envelope ID: 877226AD-EBF1-4A3F-823E-F63E2DB4D306
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 0.4 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 48 spaces
for the residential units, including (27) EV-ready and seven (7) EV "ready with charge" spaces,
including one (1) ADA/van accessible space, and one (1) ADA/standard accessible space
consistent with AB 2097 (Government Code§ 65863.2). An incentive was requested to waive all
commercial parking requirements under the Village & Barrio Master Plan, however, two (2)
ADA/van accessible spaces are being voluntarily provided for the commercial uses including one
(1) ADA/van accessible EV "ready with charge space. 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) affordable residential units are proposed including four (4) very low-income units (50%
AMI) and four (4) moderate-income units (110% AMI) to under State Density Bonus Law. The
eight income-restricted units also satisfy the lnclusionary Housing Ordinance. 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 an incentive
and waivers to development standards in the Village & Barrio Master Plan and the CMC related
to commercial parking requirements, maximum building height, setbacks for upper floors, total
upper floor area, fa~ade plane breaks, depth of ground floor street frontage uses, and parking
space dimensions. 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
incentive and 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 May 6, 2026, Planning Commission staff
report). The proposed density of the project, 69.4 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
Village and Barrio Master Plan. Landscaping along the building perimeter 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 two primary street
frontages, Carlsbad Village Drive and Jefferson Street, along the south and west property lines
respectively. A seven-and-a-half-foot-wide dedication along Carlsbad Village Drive and four-
foot-wide right-of-way dedication along the Jefferson Street Alley are proposed along the
project. The existing curb, gutter and sidewalk will be replaced for the existing Jefferson Street
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driveways. Primary vehicular access to the project site will be provided via a driveway off the
Jefferson Street Alley. The proposed project is estimated to generate a net increase of 453
Average Daily Trips (ADT). A trip credit was not applied for the existing bank building because
it is currently vacant. Carlsbad Village Drive is designed to adequately handle the traffic
generated by the project. The project site is also located within 0.4 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.
Coastal Development Permit CDP 2024-0035
19. That the proposed development is in conformance with the Village-Barrio Segment of the
Certified Local Coastal Program (LCP) and all applicable policies, in that the site is designated
Village-Barrio. The Village & Barrio Master Plan serves as both the land use plan and
implementation program for the Village-Barrio segment. Mixed-use development is a
permitted use in the Village Center District of the Village & Barrio Master Plan. The project
consists of the demolition of bank building and associated drive-through and the construction
of a fifty (50) residential condominium unit and three (3) commercial unit mixed-use building
The proposed project is compatible with the surrounding existing commercial, office, church,
and single-family residential structures. The five-story structure will not obstruct views of the
coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual
beauty of the Coastal Zone. No agricultural uses currently exist on the site, nor are there any
sensitive resources located on-site. The proposed project is not located in an area of known
geological instability or flood hazard. Since the site does not have frontage along the coastline,
no public opportunities for coastal shoreline access are available from the subject site.
Furthermore, the residential and commercial mixed-use designated site is not suited for water-
oriented recreation activities.
20. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the property is not located adjacent to the shoreline. Therefore, the SO-unit
residential condominium and 3-commercial-unit mixed-use project will not interfere with the
public's right to physical access to the ocean and, furthermore, the residentially designated site
is not suited for water-oriented recreation activities.
21. That the project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(CMC Chapter 21.203 of the Zoning Ordinance) in that the SO-unit residential condominium and
3-commerical-unit mixed-use project will adhere to the city's Master Drainage Plan, Grading
Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff
Management Program (JRMP) to avoid increased urban runoff, pollutants, and soil erosion. No
steep slopes or native vegetation is located on the subject property and the site is not located
in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction.
22. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X of the Land
Use Plan, certified September 1990 and Agricultural Conversion Mitigation Fees are not required
in accordance with the provisions of the Coastal Agriculture Overlay Zone (CMC Chapter 21.202
of the Zoning Ordinance).
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23. The project is not between the sea and the first public road parallel to the sea and therefore, is
not subject to the provisions of the Coastal Shoreline Development Overlay Zone (CMC Chapter
21.204 of the Zoning Ordinance).
lnclusionary Housing Ordinance, Density Bonus Ordinance, State Density Bonus Law, and Housing Crisis
Act
24. The Project is consistent with the provisions of CMC Chapter 21.86 in that the proposed
residential condominium project meets all of the standards, including providing 15% of "very-
low-income" and 15% of "moderate, deed-restricted inclusionary housing. The Developer is
requesting one incentive/concession and six waivers as a part of this Project. The proposed
incentive/concession relates to removing all commercial parking requirements for the three
commercial tenant spaces. The proposed waivers are for: (1) proposing to increase the
maximum building height from 45 feet (four stories) to 63-feet-6-inches (five stories) with
appurtenances (equipment screening, stair tower, and elevator mechanical room) to 71-feet-2-
inches; (2) proposing to increase the percent of the fifth story Jefferson Street-facing facade at
a zero-foot setback from 30% to 100%; (3) proposing a 92% fifth floor area over the fourth floor
area, rather than 80% maximum; (4) proposing to limit facades visible from the public street
from extending no more than 69 feet instead of 40 feet in length without a five-foot minimum
variation in the wall plane, as well as a change in the roofline; (5) proposing to decrease the
minimum average building depth for for new ground floor street frontage uses from 25 feet to
21 feet 8 inches; and (6) proposing to decrease the dimensions of garaged parking spaces from
8.5 feet by 20 feet to a minimum of 8 feet by 18 feet. These incentives, concessions, and waivers
(collectively resulting in "reductions in development standards") are legally mandated
modifications that would otherwise prevent the housing project from being built at the
increased density. A by-right incentive, concession, or waiver is automatically granted when
requested as long as it would result in identifiable and actual cost reductions (for incentives or
concessions), or if the standard prevents construction (for waivers). For incentives and
concessions, adequate information has been provided that shows the request results in
identifiable and actual cost reductions. For the waivers, adequate information has been
provided to show that the development standard for which the waiver or reduction is requested
will have the effect of physically precluding the construction of the Project.
To demonstrate compliance with the terms and limitations of CMC Chapter 21.86, the
Developer is required to enter into an Affordable Housing Agreement, which would be recorded
against the entire development and include specific Project information and unit restrictions.
25. The requested incentive(s) or concession(s) will result in identifiable, financially sufficient, and
actual cost reductions in that the removal of all commercial parking requirements results in
financial relief from having to construct a subterranean garage for commercial parking.
26. The requested incentive(s} or concession(s}, and/or waiver(s) or reduction(s) of development
standards is not contrary to state or federal law in that increased number of units and the
requests are clearly laid out for density bonus projects in California pursuant to CMC Chapter
21.86.050 and Government Code §65915.
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27. All necessary public facilities required by the Citywide Facilities and Improvements Plan will be
constructed, or are guaranteed to be constructed, concurrently with the need for them created
by this development and in compliance with the adopted city standards
28. Project has been granted additional units and waivers in accordance with density bonus
provisions found in Government Code Section 65915 and CMC Chapter 21.86. Pursuant to
density bonus definitions, the project had a calculation of 26 Base Units. Applicant requested a
92% increase, which allows up to an additional twenty-four (24) units for a total maximum
project size of 50 units. Based on the requested density bonus, Applicant must provide 15% of
the Base Units as very-low-income units and 15% of the Base Units as moderate-income units
as defined by California Health and Safety Code §50053. The project is conditioned to provide
eight (8) units for requested 92% bonus as density bonus affordable units based on calculations
in Government Code §65915 and enforced by the California Department of Housing and
Community Development.
29. Project is also subject to CMC Chapter 21.85, requiring 15% of the base residential units be
affordable for low income households. The project is providing 15% of the base units for very-
low income households which satisfies the city's inclusionary housing requirement. The project
proposes four units at very low income (50% AMI), and four units at moderate income (110%
AMI) which satisfy both the city's inclusionary housing requirement and the density bonus
requirement. Therefore, this project is required to provide eight (8) affordable units.
30. Altogether, the project is subject to the terms and limitations of CMC Chapter 21.85
(lnclusionary Housing Ordinance), CMC Chapter 21.86 (Density Bonus Ordinance), and State
Density Bonus Law (Government Code §§65915 -65918). The project's proposed affordable
housing mix satisfies the combined overlapping effect of the inclusionary units and density
bonus units. The four (4) affordable units provided to meet the inclusionary requirement
established pursuant to Chapter 21.85 of the CMC, shall also be counted toward satisfying the
density bonus requirements. The conditions provided in this resolution require the recordation
of one Affordable Housing Agreement to provide eight (8) total affordable units. Four (4) of the
affordable units will be constructed and restricted as to occupancy and affordability to very low-
income households not exceeding 50% of the Area Median Income (AMI) and four (4) of the
affordable units will be constructed and restricted as to occupancy and affordability to
moderate-income households (income not exceeding 120% of the Area Median Income (AMI),
but priced to not exceed 110%) as required by the city's lnclusionary Housing Ordinance and
State Density Bonus Law and found in Health and Safety Code §50093 and §50052.5.
General
31. 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 ofthe Village and Barrio
Master Plan, based on the facts set forth in the staff report dated May 6, 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 3,801 square feet of new commercial development oriented towards
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Roosevelt Street as well as 50 residential condominium units (42 market rate and 8
affordable). The proposed density is 69.4 dwelling units per acre. A total of 50 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 a church across Carlsbad Village Drive, a dental office building
on the Carlsbad Village Drive and Jefferson Street corner, 2-to-3-story office buildings to the
north, single-family residential buildings across from Jefferson Street to the west, and
commercial uses to the east across the Jefferson Street Alley. 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 16-foot-wide sidewalk along Jefferson Street and a 15-foot-wide sidewalk along
Carlsbad Village Drive are proposed in front of the proposed mixed-use building. An 7.5-
foot-wide right-of-way dedication will be required along the Carlsbad Village Drive frontage
and a 4-foot-wide right-of-way dedication will be required along the Jefferson Street Alley.
Curb, gutter and sidewalk will replace two driveways along Jefferson Street. A total of four
(4) existing street trees are currently located along the project frontage -two trees along
Jefferson Street and two trees along Carlsbad Village Drive. The two trees along Carlsbad
Village Drive will remain, while the trees along Jefferson Street are proposed to be
removed. Removal of any city street tree shall require permission from the Parks &
Recreation Department. Permission for city street tree removal shall be obtained and
secured by the developer prior to the issuance of a building or grading permit needed to
implement the project. All city street trees permitted for removal are required to be
replaced at a 2:1 ratio with trees of the same species as those removed. Pursuant to the
Parks & Recreation Director's or designee's determination that the project's frontage
cannot feasibly accommodate a required city street tree, a street tree replacement in-lieu
fee of $500 per street tree shall be paid to the city to cover the cost to procure, plant, and
establish each street tree required. In addition, the proposed project is located
approximately 0.4 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 May 2025. 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 amenity deck and interior courtyard is expected to be less
than 60 CNEL. No special design features are required to comply with the noise limits
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established in the General Plan. A noise study was prepared by Birdseye Planning Group,
dated May 2025. 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 open space, balconies, patios and interior
courtyard is expected to be less than 60 CNEL along the western, northern and eastern sides
of the building. Noise levels along the southern building face would exceed 60 dBA. To
reduce sound levels within the south-facing outdoor open space balconies, each
balcony/patio will have an approximately four-foot tall wall/glass railing configuration that
would serve as a barrier between the outdoor space and adjacent traffic. The attenuation
will reduce exterior balcony noise to less than 60 dBA for south facing units.
d. Housing -Of the 50 residential units proposed with the project, eight (8) units shall be
restricted to lower income households to comply with the lnclusionary Housing Ordinance
and State Density Bonus Law (Government Code §65915). Specifically, the Developer is
required to designate 15% of the 26 base maximum density units, or four (4) units, as
affordable very-low-income units (50% of the area median income) and 15% of the 26 base
maximum density units, or four (4) units, as affordable moderate-income units (priced at
110% of the area median income as defined in Health and Safety Code §50052.5) to satisfy
State Density Bonus Law, which also satisfies the lnclusionary Housing Ordinance
requirements.
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 project also includes the replacement of the existing 8" PVC
water main between the project's proposed connections to the nearest pipe joints with new
8" PVC DR14 water main and new fire hydrant with six-inch fire water service. The replaced
water line is thicker and rated for a higher psi providing 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. 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.
32. 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:
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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 CMC 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 2025-2026 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 CMC Section 21.90.050 and will
be collected prior to issuance of building permit.
33. 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 CMC. This will
ensure continued availability of public facilities and will mitigate any cumulative impacts created
by the project.
34. This project has been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 1.
35. 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 in that in that the new mixed-use
development would increase demand for fire service, police service, schools, and libraries;
however, the incremental increase in demand would not result in the need for construction of
new or physically altered public service facilities in order to maintain acceptable standards The
project is conditioned for the payment of development impact fees, which are collected to
offset an incremental increase in demand for public services and infrastructure from the
implementation of the Citywide Facilities and Improvements Plan. Payment of the public facility
development fee ensures that the public facility standards established by the city are met with
respect to the additional needs created by the mixed-use development.
36. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape
Ordinance (CMC Chapter 18.50).
37. 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
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whichever occurs first. All references to the "Site Plan" reference the project plans dated May
6, 2026, attached as Exhibits "A" -''TT" of the Planning Commission Staff Report dated May 6,
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, Site
Development Plan, and Coastal Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Tentative Tract Map, Site Development Plan, and Coastal Development
Permit documents, as necessary to make them internally consistent and in conformity with the
final action on the project. Development shall occur substantially as shown on the approved
Exhibits. Any proposed development, different from this approval, shall require an amendment
to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
5. Developer/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, Site Development Plan, and
Coastal Development Permit (b) city's approval or issuance of any permit or action, whether
discretionary or nondiscretionary, in connection with the use contemplated herein, and (c)
Developer/Operator's installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until all legal
proceedings have been concluded and continues even if the city's approval is not validated.
6. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Tentative Tract
Map, Site Development Plan, Coastal Development Permit, 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.
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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 permits are not issued for this project and
substantial work has been performed with at least one major inspection (foundation, underfloor,
frame, or final) conducted by the city within 36 months of project approval.
10. Building permits will not be issued for this project unless the 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.
11. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by CMC Section 5.09.030, and CFD #1 special tax (if
applicable), subject to any credits authorized by CMC 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. lfthe taxes/fees are not paid, this approval
will not be consistent with the General Plan and shall become void.
12. Developer shall submit to the city a Notice of Restriction executed by the owner of the real
property to be developed. Said notice is to be filed in the office of the County Recorder, subject
to the satisfaction of the City Planner, notifying all interested parties and successors in interest
that the City of Carlsbad has issued a Tentative Tract Map, Site Development Plan, and Coastal
Development Permit on the property. Said Notice of Restriction shall note the property
description, location of the file containing complete project details and all conditions of approval
as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The
City Planner has the authority to execute and record an amendment to the notice which modifies
or terminates said notice upon a showing of good cause by the Developer or successor in interest.
13. Prior to issuance of grading permit(s), developer shall make a separate formal landscape
construction drawing plan check submittal to the Planning Division and obtain City Planner
approval of a Final Landscape and Irrigation Plan showing conformance with the approved
Preliminary Landscape Plan and the city's Landscape Manual. Note that landscaping in the right-
of-way will differ from the Preliminary Landscape Plan. Landscaping, including location of street
trees and removal of shrubs and groundcover, shall be designed and installed to the satisfaction
of the City Engineer. 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.
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14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan
check process on file in the Planning Division and accompanied by the project's building,
improvement, and grading plans.
15. Project has been granted additional units and waivers in accordance with density bonus
provisions found in Government Code §65915 and CMC Chapter 21.86. Per density bonus
definitions, the project had a calculation of 26 Base Units. Applicant requested a 92.3% increase
which allows an additional 24 units for a total maximum project size of 50 units. Based on the
requested density bonus, applicant must provide 15% of the Base Units to very low-income
units and 15% of the Base Units to moderate-income units, as defined by California Health and
Safety Code §50052.5. The project must provide 8 density bonus affordable units based on
calculations in Government Code §65915.
Project is also subject to CMC Chapter 21.85, requiring 15% of the total residential units be
affordable for lower income households. The project proposes four units at very low income
(50% AMI), and four units at moderate income (priced at 110% AMI) to satisfy the density bonus
requirement.
Per CMC Section 21.86.130 the very-low income affordable dwelling units provided to meet
the inclusionary requirement established pursuant to CMC Chapter 21.85 shall be counted
toward satisfying the density bonus requirements of this chapter. Therefore, this project is
required to provide eight (8) affordable units (four very-low income and four moderate
income).
16. Developer shall construct the project's required affordable units concurrent with the project's
market rate units in accordance with the unit type distribution identified below and in
accordance with § 21.85.l00(C) of the CMC. Affordable units within the project must be
distributed evenly across various areas and floors, adhering to the guidelines of California
Health and Safety Code §17929, rather than being concentrated in specific locations.
Additionally, these affordable units should be equipped with equivalent amenities.
Total Market Very Low Affordability Moderate Affordability Unit Type Units Rate Affordable Level Affordable Level Units Units Units
One-19 16 3 50% 4 110% bedroom
Two-19 16 1 50% 0 110% bedroom
Three-12 10 0 50% 0 110% bedroom
TOTALS: 50 42 units 4 units 4 units units
Prior to the approval of the final map for any phase of this project, or where a map is not
being processed, prior to the issuance of building permits for any lots or units, the Developer
shall enter into an Affordable Housing Agreement with the city to provide and deed restrict 4
dwelling units (3-1BR, 1-2BR) as affordable to very low income households earning up to 50%
of the area median income (AMI) and 4 dwelling units (4-1BR) as affordable to moderate
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income households earning up to 120% of the area median income (AMI) in accordance with
definitions in Health and Safety Code §50093, 50052.5 and requirements and process set forth
in Chapters 21.85 and 21.86 of the CMC. The draft Affordable Housing Agreement shall be
submitted to the City Planner no later than 60 days prior to the request to final the map and
shall be recorded prior to the approval of the final map for any phase of this project, or where
a map is not being processed, prior to the issuance of building permits for any lots or units.
The recorded Affordable Housing Agreement shall be binding on all future owners and
successors in interest for 55 years from first occupancy.
17. 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 CMC 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.
18. 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.
19. 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 CMC 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.
20. 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 tract map approval. Prior to Certificate of Occupancy. the Developer shall provide the
Planning Division with a recorded copy of the official CC&Rs that have been approved by the
Department of Real Estate and the City Planner. A "hold" will be placed on the building permit
(i.e., Certificate of Occupancy) to ensure that said CC&R's are received prior to issuance of
Certificate of Occupancy. At a minimum, the CC&Rs shall contain the following provisions:
a. General Enforcement by the City: The City shall have the right, but not the obligation, to
enforce those Protective Covenants set forth in this Declaration in favor of, or in which the
City has an interest.
b. Notice and Amendment: A copy of any proposed amendment shall be provided to the City in
advance. If the proposed amendment affects the City, City shall have the right to disapprove.
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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 ofthe Common Area Lots and or Association's Easements. The city shall provide
a copy of such invoice to each Owner in the Project, together with a statement that if the
Association fails to pay such invoice in full within the time specified, the city will pursue
collection against the Owners in the Project pursuant to the provisions of this Section. Said
invoice shall be due and payable by the Association within twenty (20) days of receipt by the
Association. If the Association shall fail to pay such invoice in full within the period specified,
payment shall be deemed delinquent and shall be subject to a late charge in an amount equal
to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection
from the Association by means of any remedies available at law or in equity. Without limiting
the generality of the foregoing, in addition to all other rights and remedies available to the
city, the city may levy a special assessment against the Owners of each Lot in the Project for
an equal pro rata share of the invoice, plus the late charge. Such special assessment shall
constitute a charge on the land and shall be a continuing lien upon each Lot against which the
special assessment is levied. Each Owner in the Project hereby vests the city with the right
and power to levy such special assessment, to impose a lien upon their respective Lot and to
bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and
his/her respective Lot for purposes of collecting such special assessment in accordance with
the procedures set forth in Article ____ of this Declaration.
e. Landscape Maintenance Responsibilities: The HOAs and individual lot or unit owner landscape
maintenance responsibilities shall be as set forth in Exhibit ____ _
f. Balconies. trellis. and decks: The individual lot or unit owner allowances and prohibitions
regarding balconies, trellis, and decks shall be as set forth in Exhibit ____ _
g. Assessment Limitation for Affordable Units: Pursuant to California Civil Code §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.
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21. Prior to Certificate of Occupancy, the Developer shall submit to the City Planner a recorded copy
of the Condominium Plan filed with the Bureau of Real Estate which is in conformance with the
City-approved documents and exhibits.
22. 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.
23. 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.
24. 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.
25. 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.
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. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so
required, the Developer shall submit and obtain approval ofthe Fire Chief and the City Planner of
an Outdoor Storage Plan, and thereafter comply with the approved plan.
28. Prior to issuance of a grading permit or the commencement of any ground-disturbing activities,
whichever occurs first, Developer shall:
a. Retain the services of a qualified archaeologist who shall be on-site to monitor ground
disturbing activities. In the event cultural resource material is encountered, the
archaeologist is empowered to temporarily divert or halt grading to allow for coordination
with the Luiseno Native American monitor and to determine the significance of the
discovery. The archaeologist shall follow all standard procedures for cultural resource
materials that are not Tribal Cultural Resources, in accordance with applicable laws and
regulations including but not limited to the Carlsbad Tribal, Cultural and Paleontological
Resources Guidelines (2017).
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b. Enter into a Pre-Excavation Agreement, otherwise known as a Tribal Cultural Resources
Treatment and Tribal Monitoring Agreement, with the San Luis Rey Band of Mission Indians,
or other Luiseno Native American tribe that meets all standard requirements of the tribe
for such Agreements, in accordance with applicable laws and regulations including but not
limited to the Carlsbad Tribal, Cultural and Paleontological Resources Guidelines {2017).
This agreement will address provision of a Luiseno Native American monitor and contain
provisions to address the proper treatment of any Tribal Cultural Resources and/or Native
American human remains inadvertently discovered during the course of the project. The
agreement will outline the roles and powers of the Luiseno Native American monitor and
the archaeologist.
c. Implement the paleontological monitoring plan (PMP), outlined in Section VI Conclusions
and Recommendations of the BFSA Environmental Services Paleontological Assessment For
The 840 Carlsbad Village Drive Project dated August 2024.
29. To ensure parking access for residents of the project's affordable units, seven (7) of the forty-
six (46) non-accessible parking spaces on-site shall be reserved exclusively for use by occupants
of the affordable units. Such access shall be included in the grant deed for the units at the
affordable price and no additional cost shall be assessed to the owners of the affordable units
for use.
30. 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.
31. 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 §11.12.090 of the CMC. City staff's determination to permit or deny a
request for removal of a city street tree is appealable to the Parks & Recreation Commission;
and its determination is appealable to the City Council.
Said permission for city street tree removal shall be obtained and secured by the developer
prior to the issuance of a building or grading permit needed to implement the project. As
defined by Section 11.12.100 of the CMC, all city street trees permitted for removal shall be
replaced at 2:1 ratio with trees of the same species as those removed, except where the
removed species does not conform to the city's street tree species list, or to the conditions
existing at the site. Pursuant to the Parks & Recreation Director's or designee's determination
that the project's frontage cannot feasibly accommodate a required city street tree, a street
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tree replacement in-lieu fee of $500 per street tree shall be paid to the city to cover the cost to
procure, plant, and establish each street tree required. Said street tree replacement in-lieu fee
shall be paid to the Parks & Recreation Department prior to the issuance of building permits.
The Parks & Recreation Director or designee shall determine the locations of the street trees
planted using the street tree replacement in-lieu fees.
32. 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 in order to provide access to one (1) EV ADA van accessible parking space, and one
(1) standard ADA van accessible parking space. A note shall be added to the building plans
specifying this requirement. The same language shall be included in every lease or other rental
agreement for the occupancy of a unit in the housing development.
33. This housing development project is only subject to the local ordinances, policies, standard, or
any other measure (standards) adopted and in effect when the SB-330 preliminary application
was submitted, which was August 29, 2024. When submitting building plans to the Building
Division, the Developer shall file a B-77 form (SB-330 Supplemental Application Form) to initiate
plan check. Building permits will not be issued until this B-77 form is completed with the B-1
Form Residential Building Permit application. SB-330 "vesting'' could be forfeited if construction
of the housing development project does not start within two and one-half (2½) years following
the date that the project receives final approval, as defined in Government Code
§65589.5(0)(2).
34. Any changes following discretionary approval must be entirely consistent with the approved
discretionary permits, including exhibits presented to decision makers, or meet the objective
standards and processes outlined in Chapter 21.89 of the CMC. Additionally, any design changes
that make modifications that increase the conflict between an objective standard when the
project approval was based on use of a density bonus to deviate from the objective standards
will be difficult to approve under these findings. A decision, approval or denial, by the City
Planner for Substantial Conformance is noticed on the city's website and appealable to the
Planning Commission.
35. The city prohibits the smoking of tobacco, or any other weed or plant or substance, in multi-
unit residences or common areas. Every covenant, condition and restriction (CC&R) applicable
to a multi-unit residential development adopted or amended after January 1, 2025 shall
include clauses or provisions that prohibit smoking, pursuant to CMC §6.15.060.
Engineering Conditions
36. 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.
37. 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.
38. Developer shall submit to the city engineer an acceptable instrument, via CC&Rs and/or other
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recorded document, addressing the maintenance, repair, and replacement of shared private
improvements within this subdivision, including but not limited to private utilities, street trees,
sidewalks, parking lot, landscaping, lighting, water quality treatment measures, low impact
development features, storm drain facilities, etc. located therein and to distribute the costs of
such maintenance in an equitable manner among the owners of the properties within this
subdivision. The CCR's shall include a requirement to provide an annual verification of the
effective operation and maintenance of each structural treatment control BMP in accordance
with the BMP maintenance agreement and the SWQMP. The annual verification shall be
submitted to the enforcement official in a format as approved by the city prior to the start of the
rainy season.
39. 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.
40. 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.
41. 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.
42. Developer shall submit to the city engineer written approval from North County Transit District
(NCTD) demonstrating mass-transit improvement requirements for this project have been
satisfied.
43. Property owner shall install and maintain street trees for a warranty period of one year after
acceptance of the landscaping by the city. The street tree warranty language shall be placed on
the landscape plans and signed by the property owner.
44. Property owner shall maintain all landscaping, except street trees, (shrubs, groundcover, etc.)
and irrigation, including street trees along the parkway frontage with Jefferson Street and
Carlsbad Village Drive as shown on the Site Plan.
Fees/ Agreements
45. 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.
46. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
47. 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.
48. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for
recordation, an Encroachment Agreement covering private storm drain located over existing
public right-of-way of Carlsbad Village Drive as shown on the tentative map. Developer shall pay
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processing fees per the city's latest fee schedule.
Grading
49. 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.
50. 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
51. 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.
52. 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.
53. 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.
54. 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
55. Developer shall cause owner to dedicate to the city and/or other appropriate entities easements
for public street & public utility purposes as shown on the tentative map. The offer shall be made
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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.
56. 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.
57. 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.
58. 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. Widen alley pavement four feet along project frontage and remove and replace
concrete pavement and brick pavers at alley entrance from Carlsbad Village Dr.
B. Widen sidewalk for a total of 16 feet width along Jefferson Street with a
minimum of 10 feet clear path of travel
C. Widen sidewalk for total of at least 15 feet width with a minimum 10 feet clear
path of travel along Carlsbad Village Drive.
D. Remove and construct new pedestrian ramp at the alley entrance on Carlsbad
Village Drive.
E. Add storm drain cleanout in Carlsbad Village Drive.
F. Remove existing driveways on Jefferson Street with new curb and gutter.
G. Grind and overlay pavement on Jefferson Street between utility trenches as
shown on the tentative tract map.
H. Install city standard D-25 curb outlet on Jefferson Street as shown on the
Tentative map.
I. Install three (3) city standard, village area, bike racks along Jefferson St. Bikes
racks shall be installed in-between street trees as feasible. Final location of the
bike racks will be shown on the improvement plans.
J. Install green conflict zone bike lane striping on Carlsbad Village Drive to alert
drivers to the presence of bicyclists crossing the driveway access
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.
59. Developer is responsible to ensure utility transformers or raised water backflow preventers that
serve this development are located outside the right-of-way as shown on the Tentative Map and
to the satisfaction of the city engineer. These facilities shall be constructed within the property.
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60. Developer shall have the public improvement plans reviewed by a Certified Access Specialist
person (CASp) for disabled accessibility compliance with local, state and federal regulations and
submit a letter from the CASp confirming that the designed plans are in conformance with said
regulations.
Utilities
61. 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. 1-6" PVC sewer lateral (Commercial)
b. 1-6" PVC sewer lateral (Residential)
c. 1-6" fire service with backflow device
d. 1-3" domestic water service, meter, and backflow (Residential)
e. 1-2" domestic water service, meter, and backflow (Commercial)
f. 1-1" landscape irrigation service, meter, and backflow
g. 1 -Fire hydrant with 6" fire water service
h. Replace the existing 8" PVC water main between the project's proposed
connections to the nearest pipe joints with new 8" PVC DR14 water main
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.
62. Developer shall pay for the bypass (detector) meter on the fire backflow device per City of
Carlsbad Engineering Standard Drawing W-9 prior to the issuing of the building permit. CMWD
will install the bypass meter.
63. Developer shall design and agree to construct public facilities within public right-of-way or within
minimum 20-foot wide easements granted to the Carlsbad Municipal Water District or the City of
Carlsbad. At the discretion of the District or City Engineer, wider easements may be required for
adequate maintenance, access and/or joint utility purposes.
64. 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 shown on public
improvement plans.
65. 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 shown on public improvement plans.
66. The developer shall design and agree to construct public water and sewer facilities substantially
as shown on the site plan to the satisfaction of the District Engineer and City Engineer.
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67. Prior to the issuance of Building permits or as may be deferred in accordance with state law, the
Developer shall pay a special sewer connection fee of $5,107 per Equivalent Dwelling Unit (EDU)
for the proportionate share of sewer capacity to be constructed for city sewer collection system
capacity improvements. This fee is in addition to the general capacity fee required by CMC Section
13.10.030.
68. The developer shall submit a detailed sewer study, prepared by a registered engineer, that
identifies the peak flows of the project, required pipe sizes, depth of flow in pipe, velocity in the
main lines, and the capacity of the existing infrastructure. Said study shall be submitted
concurrently with the improvement plans for the project and the study shall be prepared to the
satisfaction of the District Engineer.
The developer shall submit a detailed potable water study, prepared by a registered engineer that
identifies the peak demands of the project (including fire flow demands). The study shall identify velocity
in the main lines, pressure zones, and the required pipe sizes. Said study shall be submitted concurrently
with the improvement plans for the project and the study shall be prepared to the satisfaction of the
District Engineer.
Non-Mapping Notes
69. Add the following notes to the final map as non-mapping data:
A. Developer has executed a city standard subdivision Improvement Agreement and has
posted security in accordance with C.M.C. Section 20.16.070 to install public
improvements shown on the tentative map. These improvements include, but are not
limited to:
I. Widen alley pavement four feet along project frontage and remove and replace
concrete pavement and brick pavers at alley entrance from Carlsbad Village Dr.
II. Widen sidewalk for a total of 16 feet width along Jefferson Street with a
minimum of 10 feet clear path of travel
Ill. Widen sidewalk for total of at least 15 feet width with a minimum 10 feet clear
path of travel along Carlsbad Village Drive.
IV. Remove and construct new pedestrian ramp at the alley entrance on Carlsbad
Village Drive.
V. Add storm drain cleanout in Carlsbad Village Drive.
VI. Remove existing driveways on Jefferson Street with new curb and gutter.
VII. Install new sewer laterals, domestic water seNices, fire sprinkler seNices,
landscape irrigation seNices and fire hydrant assembly with related pavement
trenches on Jefferson Street.
VIII. Install water meters and backflows for applicable water seNices.
IX. Grind and overlay pavement on Jefferson Street between utility trenches as
shown on the tentative tract map.
X. Install city standard D-25 curb outlet on Jefferson Street as shown on the
Tentative map.
XI. Install three (3) city standard, village area, bike racks along Jefferson St. Bikes
racks shall be installed in-between street trees as feasible. Final location of the
bike racks will be shown on the improvement plans.
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XII. Install green conflict zone bike lane striping on Carlsbad Village Drive to alert
drivers to the presence of bicyclists crossing the driveway access
B. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
C. Geotechnical Caution: The owner of this property on behalf of itself and all of its
successors in interest has agreed to hold harmless and indemnify the City of Carlsbad
from any action that may arise through any geological failure, ground water seepage or
land subsidence and subsequent damage that may occur on, or adjacent to, this
subdivision due to its construction, operation or maintenance.
D. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to
encroach within the area identified as a sight distance corridor as defined by City of
Carlsbad Engineering Standards or line-of-sight per Caltrans standards.
G. The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may
arise through any diversion of waters, the alteration of the normal flow of surface waters
or drainage, or the concentration of surface waters or drainage from the drainage system
or other improvements identified in the city approved development plans; or by the
design, construction or maintenance of the drainage system or other improvements
identified in the city approved development plans.
H. There are no public park or recreational facilities to be located in whole or in part within
this subdivision. The subdivider is therefore obligated to pay park-in-lieu fees in
accordance with section 20.44.050 of the CMC 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 CMC.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
70. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the
City of CMC to the satisfaction of the city engineer.
71. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the CMC, 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.
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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 CMC Section
3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review,
set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on May 6, 2026, by the following vote, to wit:
AYES: Hubinger, Merz, Fitzgerald, Burrows, Foster, Meenes.
NAYES: Lafferty.
ABSENT: None.
ABSTAIN: None.
ROY MEENES, Chairperson
Carlsbad Planning Commission
ERIC LARDY,
Assistant Director of
Community Development