HomeMy WebLinkAbout2026-05-06; Planning Commission; Resolution 7576Docusign Envelope ID: 877226AD-EBF1-4A3F-823E-F63E2D84D306
PLANNING COMMISSION RESOLUTION NO. 7576
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CEQA EXEMPTION
DETERMINATION AND APPROVING A SITE DEVELOPMENT PLAN AND
COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISTING SINGLE-
FAMILY RESIDENCE AND TWO DETACHED ACCESSORY STRUCTURES AND
THE CONSTRUCTION OF A TWO-UNIT, THREE STORY, RESIDENTIAL
DUPLEX ON A 0.124-ACRE LOT AT 3374 CARLSBAD BLVD WITHIN THE
MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL
FACILITIES MANAGEMENT ZONE 1.
CASE NAME: CARLSBAD BOULEVARD DUPLEX PROJECT
CASE NO.: SDP 2023-0028/CDP 2023-0048 (DEV2023-0034)
WHEREAS, TEDDY JEWELS, LLC, "Developer/Owner," has filed a verified application with
the City of Carlsbad regarding property described as
LOT 2, BLOCK "B" OF PALISADES IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
1747, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, FEB. 5, 1923.
("the Property"); and
WHEREAS, said verified application constitutes a request for a Site Development Plan, and
Coastal Development Permit as shown on Exhibit(s) "A" -P" dated May 6, 2026, on file in the Planning
Division, SDP 2023-0028/CDP 2023-0048 (DEV2023-0034) -CARLSBAD BOULEVARD DUPLEX PROJECT,
as provided by Chapters 21.16, 21.82, and 21.201, of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on May 6, 2026, hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the
Site Development Plan and Coastal Development Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) Compliance with CEQA. The proposed action to demolish an existing single-family
residence and detached accessory structures, and the construction of a duplex is
categorically exempt from environmental review under CEQA Guidelines section 153303
(Class 3 -New Construction or Conversion of Small Structures), which allows for the
construction of a duplex. No exceptions to the categorical exemption as set forth in CEQA
Guidelines Section 15300.2 or Carlsbad Municipal Code Section 19.04.070(() apply. The
notice of exemption will be filed with the Recorder/County Clerk within five days after
project approval by the decision-making body.
C) That based on the evidence presented at the public hearing, the Commission APPROVES
SDP 2023-0028/CDP 2023-0048 (DEV2023-4-0034) -CARLSBAD BOULEVARD DUPLEX
PROJECT, based on the following findings and subject to the following conditions:
Findings:
Site Development Plan (SDP 2023-0028)
1. That the proposed development or use is consistent with the General Plan and any applicable
master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the
Carlsbad Municipal Code, and all other applicable provisions of this code, in that the General Plan
Land Use designation for the property is R-23 Residential, which allows residential development
at a density range of 19-23 dwelling units per acre (du/ac). Consistent with Section 21.53.230 of
the Carlsbad Municipal Code, the 0.124-acre site has a minimum unit yield of two (2) units (19
du/ac x 0.124 = 2.356 rounded down to 2 units). As two residential units are proposed, the
project complies with the R-23 General Plan Land Use designation for density. The project is
consistent with all remaining development and design standards applicable to the property as
contained in Chapters 21.16 Multiple-Family Residential (R-3) Zone, and 21.82 (Beach Area
Overlay Zone (BAOZ) of the Carlsbad Municipal Code.
2. That the requested development or use is properly related to the site, surroundings and
environmental settings, will not be detrimental to existing development or uses or to
development or uses specifically permitted in the area in which the proposed development or use
is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that
the project consists of the demolition of an existing residential duplex and detached accessory
structures and the construction of a three-story residential duplex on a 0.124 acre lot located
at 3347 Carlsbad Blvd. The site is surrounded by a mix of existing single-family and multiple-
family residential developments. The General Plan Land Use designation for the property is R-
23 Residential, which allows residential development at a density range of 19-23 dwelling units
per acre (du/ac). Consistent with Section 21.53.230 of the Carlsbad Municipal Code, the 0.124-
acre site has a minimum unit yield of two (2) units (19 du/ac x 0.124 = 2.356 rounded down to
2 units). As two residential units are proposed, the project complies with the R-23 General Plan
Land Use designation for density. The project is consistent with the various elements and
objectives of the General Plan as discussed in the findings below and Section "A" of the Project
Analysis. The proposed residential duplex project will not be detrimental to existing uses or to
uses specifically permitted in the area in which the use is located in that residential is a
permitted use within the Multiple-Family Residential (R-3) Zone and is compatible with the
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other residential uses surrounding the project site, including single-family and multi-family
residential. The residential duplex project, comprising two attached residential units, will not
adversely impact the site, surroundings, or traffic circulation in that project will not generate a
significant number of trips from the site as a residential duplex is replacing an existing
resentence. The project complies with all minimum development standards of the Carlsbad
Municipal Code, including but not limited to the R-3 Zone and the Beach Area Overlay Zone.
Furthermore, the project is adequately parked on-site and does not result in any significant
environmental impacts.
3. That the site for the intended development or use is adequate in size and shape to accommodate
the use, in that as demonstrated in the project staff report, the residential duplex project
complies with all development standards (i.e. front, side and rear setbacks, lot coverage,
number of parking spaces, and height restrictions) of the Multiple -Family Residential (R-3) Zone
and the Beach Area Overlay Zone.
4. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested development or use to existing or permitted future development or use in the
neighborhood will be provided and maintained, in that as demonstrated in the project staff
report, the residential duplex project complies with all applicable development standards (i.e.
setbacks, lot coverage, parking, and height restrictions) of the Multiple-Family Residential (R-3)
Zone and the Beach Area Overlay Zone (BAOZ). The curb, gutter, and sidewalk at the project
frontage on Carlsbad Boulevard will be replaced to accommodate the new driveway approach
and modifications to utilities and landscaping along Carlsbad Boulevard will be provided
consistent with the requirements of the city's Landscape Manual. In addition to the above, all
proposed walls/fences on the property comply with the Zoning Code.
5. That the street systems serving the proposed development or use is adequate to properly handle
all traffic generated by the proposed use, in that the residential duplex project will take access
off Carlsbad Boulevard, which is identified as an Identity street and designed to adequately
handle any additional trips generated by the project. The proposed project will reconstruct the
curb, gutter, and sidewalk along the Carlsbad Boulevard frontage due to modifications to the
driveway approach location and modifications to utilities.
Coastal Development Permit (CDP 2023-0048)
6. That the proposed development is in conformance with the Mello II Segment of the Certified
Local Coastal Program and all applicable policies in that the site is designated R-23 Residential
(15-23 du/ac) for single-family, duplex, and multi-family residential development by the Mello
II Segment of the LCP. The project proposes to demolish a single-family residence and detached
accessory structures and construct a new three-story residential duplex consistent with allowed
density yields on a 0.124-acre site. The proposed three-story duplex 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 the property. In addition, the proposed residential duplex
project is not located in an area of known geologic instability or flood hazards. Since the site
does not have frontage along the coastline, no public opportunities for coastal shoreline access
are available from the subject site. Furthermore, the residentially designated site is not suited
for water-oriented recreation activities.
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7. 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
residential duplex 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. The project will not block any views from parks or any other public areas.
8. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(Chapter 21.203 of the Zoning Ordinance) in that the residential duplex 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.
9. The project is not between the sea and the first public road parallel to the sea and therefore, is
not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204
of the Zoning Ordinance).
General
10. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the City's General Plan, based on the facts set forth in the staff report dated May
6, 2026, including, but not limited to the following:
a. Land Use & Community Design -The residential duplex project is consistent with the
elements and objectives of the General Plan as discussed in Section "A" of the Project
Analysis. The project's density yield of two units on a .124-acre site is consistent with the R-
23 Residential (15-23 du/ac) General Plan Land Use designation.
b. Mobility -The proposed project has been designed to meet all circulation requirements,
including vehicular access to and from Carlsbad Boulevard. In addition, the applicant will be
required to pay any applicable traffic impact fees, prior to issuance of a building permit, that
will go toward future road improvements. The proposed project will construct frontage
improvements along Maple Avenue, including a reconstructed curb, gutter, and sidewalk
along the Maple Avenue frontage.
c. Housing-The project is adding one additional housing unit, with one housing units currently
existing and two units proposed. Therefore, the project is subject to inclusionary housing
requirements and is conditioned to pay the inclusionary housing impact fee for one unit.
d. Public Safety -The proposed structural improvements will be required to be designed in
conformance with all seismic design standards. In addition, the proposed project is
consistent with all the applicable fire safety requirements including fire sprinklers.
Additionally, the proposed project is not located in an area of known geologic instability or
flood hazard and the site is not located in an area prone to landslides, or susceptible to
accelerated erosion, floods, or liquefaction.
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11. 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.
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.
12. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
13. 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 otherwise specified herein, all conditions shall be satisfied prior to the issuance of a
building permit, whichever comes first.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the city shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or further
condition all certificates of occupancy issued under the authority of approvals herein granted;
record a notice of violation on the property title; institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. No vested rights are gained
by Developer or a successor in interest by the city's approval of this Site Development Plan and
Coastal Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Site Development Plan and Coastal Development Permit, documents, as
necessary to make them internally consistent and in conformity with the final action on the
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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 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 ofthe 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 Site Development
Plan and 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.
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 within
24 months from the date 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.
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11. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17 and the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, 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.
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 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. At issuance of building permits the Developer shall pay to the city any applicable inclusionary
housing in lieu fees. The proposal to demolish a single-family residence, followed by the
construction of a two-unit residential structure, is subject to inclusionary housing fees for one of
the two units. Based on a total habitable floor area for one ofthe two units 1,910 square feet, the
estimated in-lieu fee is approximately $34,380, calculated at the current rate of $18.00 per square
foot of net building area. However, if building permits for the two-unit project have not been
applied for within two years of demolishing the existing single-family residence, inclusionary
housing in lieu fees for the total habitable floor area of the project {3,903 square feet) shall be
applied to the in-lieu fee calculation. Final fee amounts shall be determined according to the
Master Fee Schedule in effect at the time of payment.
14. The project is subject to the Prescriptive Compliance Option {PCO) of the City of Carlsbad's
Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown
on the PCO plan approved as part of this project and on file in the Planning Division. Prior to
issuance of a building permit, Developer shall submit an application pursuant to the landscape
plancheck process on file in the Planning Division; however, no landscape plans are required, and
Developer shall only be responsible to pay the landscape inspection and processing fee, with said
application. The approved PCO plan will be utilized by the city as part of the project's final
inspection process
15. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in substance
as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of
Community Development and Planning.
16. 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
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with the Luiseno Native American monitor and to determine the significance of the
discovery. The archaeologist shall follow all standard procedures for cultural resource
materials that are not Tribal Cultural Resources, in accordance with applicable laws and
regulations including but not limited to the Carlsbad Tribal, Cultural and Paleontological
Resources Guidelines (2017).
b. Enter into a Pre-Excavation Agreement, otherwise known as a Tribal Cultural Resources
Treatment and Tribal Monitoring Agreement, with the San Luis Rey Band of Mission Indians
or other Luiseno Native American tribe that meets all standard requirements of the tribe
for such Agreements, in accordance with applicable laws and regulations including but not
limited to the Carlsbad Tribal, Cultural and Paleontological Resources Guidelines (2017).
This agreement will address provision of a Luiseno Native American monitor and contain
provisions to address the proper treatment of any Tribal Cultural Resources and/or Native
American human remains inadvertently discovered during the course of the project. The
agreement will outline the roles and powers of the Luiseno Native American monitor and
the archaeologist.
17. 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 satisfaction of the Housing & Homeless Services Director
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).
Engineering:
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of
this proposed Development, must be met prior to approval of a building or grading permit whichever
occurs first.
General
1. 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.
2. 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.
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Storm Water Quality
3. 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.
4. Developer shall complete and submit to the City Engineer a Determination of Project's Storm
Water Pollution Prevention Plan {SWPPP) Tier Level and Construction Threat Level Form pursuant
to City Engineering Standards. Developer shall also submit the appropriate Tier level Storm Water
Compliance form and appropriate Tier level SWPPP to the satisfaction of the City Engineer.
Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee
schedule.
5. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form.
Developer is responsible to ensure that all final design plans, grading plans, and building plans
incorporate applicable Best Management Practices {BMPs). These BMPs include site design, source
control and Low Impact Design {LID) measures including, but not limited to, minimizing the use of
impervious area (paving), routing run-off from impervious area to pervious/landscape areas,
preventing illicit discharges into the storm drain and adding storm drain stenciling or signage all to
the satisfaction of the City Engineer.
Dedications/Improvements
6. Developer shall cause owner to dedicate to the city and/or other appropriate entities for the
PUBLIC PEDESTRIAN ACCESS EASEMENT purposes as necessary to accommodate city standard
sidewalk and driveway approach. The offer shall be made by a separate recorded document. All
land so offered shall be free and clear of all liens and encumbrances and without cost to the city.
Streets that are already public are not required to be rededicated. Additional easements may be
required at final design to the satisfaction of the City Engineer.
7. 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.
8. Developer shall prepare and process public improvement plans and, prior to City Engineer
approval of said plans, shall execute a city standard Development Improvement Agreement to
install and shall post security in accordance with Carlsbad Municipal Code Section 20.16.070 for
public improvements shown on the site plan. Said improvements shall be installed to city
standards to the satisfaction of the City Engineer. These improvements include, but are not limited
to:
A. Remove and replace existing driveway approach as necessary to meet city
standard driveway approach;
B. Remove and replace sidewalk to comply with approved standards as shown on
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the approved site plan.
C. Repair asphalt street section on Carlsbad Bl including striping.
D. Replace curb and gutter as shown on the approved site plan.
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.
9. 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/Site Plan] and to the satisfaction of the City Engineer. These facilities shall be constructed
within the property.
Utilities
10. 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.
11. Developer shall install potable water service and meter at location approved by the District
Engineer. The location of said services shall be reflected on public improvement plans.
Replacement of the existing water meter at or near the location of the existing water meter shall
require a shut-down of the 10-inch ACP water main (with E-28 Form) and replacement of the
existing ACP pipe piece with PVC pipe and transition back to existing ACP. Any existing water
services affected by this work shall require replacement from the main to the meter.
12. Meter location behind sidewalk upon parcel private property shall require an easement
dedication to Carlsbad Municipal Water District, 5-ft wide from the right-of-way boundary to the
back of the meter box, and the water service shall be sleeved with PVC under the new sidewalk
section.
13. Developer shall return existing water meter to CMWD once existing water service has been
removed from the water main.
14. Developer shall remove existing 4-inch sewer lateral from the sewer main in the Carlsbad
Boulevard ROW and replace it with a new 6-inch cut-in wye per Std. Dwgs. S-7 and S-10.
15. 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
Parks & Recreation
16. Prior to issuance of a building permit, the developer shall pay an in-lieu fee for the city to plant
and care for a street tree in the vicinity of the applicant's project site to the satisfaction of the
Parks & Recreation Department.
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Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
1. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the
City of Carlsbad Municipal Code to the satisfaction of the City Engineer.
2. Developer shall pay traffic impact and sewer impact fees based on Chapter 18.42 and Chapter
13.10 ofthe City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor
area contained in the staff report and shown on the site plan are for planning purposes only.
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NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's
decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in
writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal
prior to any judicial review.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest
them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the
protest and any other required information with the City Manager for processing in accordance with
Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent
legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
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, Lafferty, Fitzgerald, Burrows, Foster, Meenes.
NAYES: None.
ABSENT: None.
ABSTAIN: None.
ROY MEENES, Chairperson
Carlsbad Planning Commission
ATTEST:
ERIC LARDY, Assistant Director of
Community Development