HomeMy WebLinkAbout2026-06-03; Planning Commission; Resolution 7579A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN SDP
2025-0004 TO ALLOW FOR THE DEVELOPMENT OF A 397-UNIT, FIVE-
STORY, MULTIFAMILY RESIDENTIAL STRUCTURE WITH 548 VEHICULAR
PARKING SPACES BOTH AT GRADE AND WITHIN AN ATTACHED, FIVE-
STORY PARKING STRUCTURE ON A 9.78-ACRE PROPERTY GENERALLY
LOCATED ON SALK AVENUE BETWEEN COLLEGE BLVD AND EL CAMINO
REAL (ASSESSOR PARCEL NO. 212-021-04-00), WITHIN THE FENTON
CARLSBAD CENTER SPECIFIC PLAN, IN THE NORTHWEST QUADRANT
OF THE CITY, THE RD-M ZONE, AND LOCAL FACILITIES MANAGEMENT
ZONE 5
CASE NAME: SALK AVENUE APARTMENTS
CASE NO.: SDP 2025-0004 (DEV2025-0001)
WHEREAS, Hanover R.S. Limited Partnership, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Scripps Health, “Owner,”
described as
LOT 4 OF CARLSBAD TRACT NO. 00-20 FOX MILLER PROPERTY IN
THE CITY OF CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15253, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, JANUARY 30, 2006
(“the Property”); and
WHEREAS, an SB 131 Focused Initial Study and Mitigated Negative Declaration
(IS/MND) (State Clearinghouse No. 2026030432) was prepared in conjunction with said project,
and the Planning Commission has adopted it, along with the Mitigation Monitoring and Reporting
Program, per separate resolution; and
WHEREAS, said verified application constitutes a request for a Site Development
Plan as shown on Exhibit 12 to the June 3, 2026, Planning Commission staff report, SDP 2025-
0004 (DEV2025-0001), Salk Avenue Apartments (“Project”), on file in the Planning Division, as
provided by Section 21.53.120 of the Carlsbad Municipal Code; and
PLANNING COMMISSION RESOLUTION NO. 7579
WHEREAS, the Planning Commission did, on June 3, 2025, 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 all persons desiring to be heard, said Commission considered all factors
relating to the Site Development Plan land use application.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the
City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES SDP 2025-0004 – SALK AVENUE APARTMENTS
based on the following findings and subject to the following conditions:
Findings:
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 the Carlsbad
Municipal Code, in that the General Plan Land Use designation of the site allows for
multi-family residential use and the proposed development or use is consistent with
the General Plan and any applicable master plan or specific plan, complies with all
applicable provisions of Chapter 21.06 of the Carlsbad Municipal Code, and all other
applicable provisions of the municipal code, in that the various goals and objectives of
the General Plan will be implemented as the proposed Project is consistent with the
General Plan (Project Analysis provided in Exhibit 5 to the June 3, 2026 Planning
Commission staff report, which is incorporated herein as though fully set forth herein).
Although the Project's density of 40.6 dwelling units per acre is above the maximum R-
30 Residential density of 30 du/ac as the Project includes a request for a residential
density bonus, the 397-unit residential apartment project can be found consistent with
the General Plan Land Use designation.
2. That the requested development or use is properly related to the site, surroundings and
environmental settings, will not be detrimental to existing development or uses or to
development or uses specifically permitted in the area in which the proposed
development or use is to be located, and will not adversely impact the site, surroundings
or traffic circulation, in that in that multiple-family residential is a permitted use within
the Residential Density - Multiple (RD-M) Zone and is compatible with the other multi-
story development surrounding the Project site. The residential apartment project will
not adversely impact the site, surroundings, or traffic circulation in that the existing
surrounding streets have adequate capacity to accommodate the 2,382 Average Daily
Trips (ADT) generated by the Project. With exception to the allowances for increased
building height, increased retaining wall height, and modified parking space
dimensions, through the density bonus process, the project complies with all minimum
development standards of the RD-M Zone, and the Project is adequately parked on-site,
in accordance with State Density Bonus Law. Moreover, the details of the request
include a reduction in development standards from the Citywide Objective Design
Standards (CMC Chapter 21.88). Relief or reduction from the design standards make it
feasible for the Developer to build to the density allowed by the zoning, as
reduced/amended by State Density Bonus Law, and does not constrain a local
government’s ability to achieve its RHNA housing targets.
For the waivers from development standards, adequate information has been provided
to show that the development standard for which the waiver or reduction is requested
will have the effect of physically precluding the construction of the Project.
3. That the site for the intended development or use is adequate in size and shape to
accommodate the use, in that the Project is entitled to the requested number of units
and the density bonus waivers are necessary for the Project to be developed at the
density permitted by State Density Bonus Law and CMC Chapter 21.86. With exception
to the allowance for increased building height, increased retaining wall height, and
modified parking space dimensions, requested through the density bonus process, the
residential apartment project complies with all remaining development standards of
the Residential Density - Multiple (RD M) Zone. The details of the request include a
reduction in development standards from the Citywide Objective Design Standards
(CMC Chapter 21.88). Relief or reduction from the design standards make it feasible for
the Developer to build to the density allowed by the zoning, as reduced/amended by
State Density Bonus Law, and does not constrain a local government’s ability to achieve
its RHNA housing targets.
4. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested development or use to existing or permitted future development or use in
the neighborhood will be provided and maintained, in that with exception to the
allowance for increased building height, increased retaining wall height, and modified
parking space dimensions, the Project complies with all remaining development
standards (i.e. front, side and rear setbacks, lot coverage) of the RD-M Zone. Moreover,
the details of the request include a reduction in development standards from the
Citywide Objective Design Standards. Landscaping along the outer edges of the
property, including the areas along Salk Avenue, would be provided consistent with the
requirements of the city’s Landscape Manual. As such the Project is consistent,
compliant and in conformity with all applicable plans, programs, policies, ordinances,
standards, requirements, and other similar provisions.
5. That the street systems serving the proposed development or use is adequate to properly
handle all traffic generated by the proposed use, in that the Project will take access off
Salk Avenue with vehicles traveling to and from the project on Salk Avenue as well. Salk
Avenue identified as an Industrial Street, designed to adequately handle the 2,382
Average Daily Trips generated by the 397-unit residential apartment project.
Furthermore, the Local Mobility Analysis for the project concluded that the access
driveway from Salk Avenue, an unsignalized intersection, would operate at a Level of
Service “B” during peak AM and PM hours and would not warrant installation of a signal
for the driveway.
Residential Density Bonus, CMC Chapter 21.86
6. The Project is consistent with the provisions of CMC Chapter 21.86 in that the proposed
residential apartment project meets all of the standards, including the requisite 15% of
"low income", deed-restricted inclusionary housing and the 20% "low income", deed-
restricted units per the Fenton Carlsbad Center Specific Plan. The Developer is
requesting 12 waivers as a part of this Project. The proposed waivers are for: (1) waiver
of location requirements for common recreational space; (2) proposed reduction in
screening requirements for parking spaces; (3) Proposed reduction in amount of
required common recreational space; (4) proposed reduction in landscape buffer
adjacent to ground level units; (5) proposed modification of wall plane variation; (6)
proposed modification of square footage of upper stories compared to ground floor; (7)
proposed modification of distance between roof line variations; (8) proposed increase
in the maximum building height (9) proposed modification in garage space dimension
within the parking structure; (10) proposed reduction in number of units required to
have private recreation space; (11) proposed modification in percentage of lower
income units which are three-bedroom units; and (12) proposing increase in the height
of retaining walls outside setback areas. These 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 waiver is automatically granted when requested as long as the standard prevents
construction 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
7. 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 section 21.86.050 and Government Code section 65915.
No Net Loss
8. Pursuant to Government Code section 65863 (No Net Loss Law), a local jurisdiction must
ensure that development opportunities remain available throughout the Housing
Element planning period to accommodate the jurisdiction’s Regional Housing Need
Allocation (RHNA). Based on the analysis provided in Exhibit 5 of the June 3, 2026,
Planning Commission staff report, the remaining sites in the Housing Element inventory
are adequate to meet the requirements of Section 65583.2 and to accommodate the
RHNA pursuant to Section 65584. The city’s Housing Element requires that the city
accommodate 3,873 low-/moderate-/above-moderate income units as its share of the
regional housing need, with 2,095 units allocated to the lower-income category, 749
units allocated to the moderate-income category, and 1,029 units allocated to the
above moderate-income category. As of this writing, if the Project is approved, the
analysis or the Housing Element’s sites inventory shows that the city would have a
capacity for 3,460 lower-income units, 1,726 moderate-income units, and 3,648 above
moderate-income units.
General
9. The Planning Commission finds that the Project, as conditioned herein, is in conformance
with the Elements of the city’s General Plan, based on the analysis set forth in Exhibit 5
of the June 3, 2026, Planning Commission staff report, which is incorporated herein by
this reference as though fully set forth herein.
Conditions:
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 the building or
grading permit whichever occurs first. All references to the “Site Plan” reference the project
plans dated March 6, 2026, attached as Exhibit 12 of the Planning Commission Staff Report
dated June 3, 2026.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the city shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on
the property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the city’s approval of this Site Development Plan.
2. Staff is authorized and directed to make, or require the Developer to make, all
corrections and modifications to the Site Development Plan documents, as necessary to
make them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code
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,
(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 Map/Site Plan or other), conceptual grading plan and preliminary utility
plan reflecting the conditions approved by the final decision making body. The copy shall
be submitted to the City Planner, reviewed and, if found acceptable, signed by the city's
project planner and project engineer. If no changes were required, the approved exhibits
shall fulfill this condition.
7. Prior to the issuance of the building permit, the Developer shall provide proof to the
Building Division from the Carlsbad 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 5 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.
11. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17,
the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local
Facilities Management Plan fee for Zone 5, 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. Prior to the issuance of the Grading Permit, Developer shall submit to the city a Notice
of Restriction executed by the owner of the real property to be developed. Said notice
is to be filed in the office of the County Recorder, subject to the satisfaction of the City
Planner, notifying all interested parties and successors in interest that the City of
Carlsbad has issued a Site Development Plan 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 permits, developer shall make a separate formal landscape
construction drawing plan check submittal to the Planning Division and obtain City
Planner approval of a Final Landscape and Irrigation Plan showing conformance with the
approved Preliminary Landscape Plan and the city’s Landscape Manual. Developer shall
construct and install all landscaping and irrigation as shown on the approved Final Plans.
All landscaping shall be maintained in a healthy and thriving condition, free from weeds,
trash, and debris. All irrigation systems shall be maintained to provide the optimum
amount of water to the landscape for plant growth without causing soil erosion and
runoff.
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, a concession, and waivers in accordance
with density bonus provisions found in Government Code §65915 and Carlsbad
Municipal Code Chapter 21.86. Per density bonus definitions, the project had a
calculation of 294 Base Units. Applicant requested an increase in density to allow 103
additional units, for a total project size of 397 units. Based on the requested density
bonus, applicant must provide 20% of the Base Units as low-income units, as defined
by California Health and Safety Code Section §50053 and §50093. The project must
provide 59 density bonus low-income affordable units based on calculations in
Government Code §65915.
16. Developer shall construct the project’s required affordable units concurrent with the
project’s market rate units in accordance with Section 21.85.100(C) of the Carlsbad
Municipal Code (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 Section 17929, rather than being concentrated in specific locations.
Additionally, these affordable units should be equipped with equivalent amenities as
those found in market rate units, in accordance with CMC section 21.85.040(G).
17. Prior to the issuance of building permits, the Developer shall enter into an Affordable
Housing Agreement with the city. The agreement shall satisfy the following criteria:
a. To provide and deed restrict 59 dwelling units as affordable to low-income
households for 55 years, earning up to 80% of the area median income (AMI).
The agreement shall be in accordance with the requirements and process set forth in
Chapters 21.85 and 21.86 of the Carlsbad Municipal Code. The draft Affordable Housing
Agreement shall be submitted to the City Planner no later than 60 days prior issuance of
the first building or grading permit and shall be recorded prior to issuance of the first
building or grading permit. The recorded Affordable Housing Agreement shall be binding
on all future owners and successors in interest.
18. Prior to issuance of grading and building permits, Developer shall list the following
condition on all grading and building permit construction plans. Construction activities
shall take place during the permitted time and day per Carlsbad Municipal Code Chapter
8.48. Developer shall ensure that construction activities for the proposed project are
limited to the hours from 7:00 a.m. to 6:00 p.m. Monday through Friday, and 8:00 a.m.
to 6:00 p.m. on Saturdays; no work shall be conducted on Sundays or on federal holidays.
19. 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.
20. 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.
21. Developer shall report, in writing, to the City Planner within 30 days, any address change
from that which is shown on the permit application, any change in the
telecommunications provider, or any transfer in ownership of the site.
22. The Developer/Owner shall implement or cause the implementation of all applicable
mitigation measures associated with the General Plan EIR (City Planning Case No. EIR
13-02, Resolution No. 2015-242) and Supplemental EIR (City Planning Case No. 2022-
0007, Resolution No. 2024-0014), and their respective Mitigation Monitoring and
Reporting Programs, for the mitigation measures applicable to development of the
project site (Site 7). This includes the following conditions of approval:
a. Operational Emissions Reductions. The following measures shall be implemented
to reduce impacts to the maximum extent feasible:
x The engine size of construction equipment shall be the minimum size required
for its intended use.
x All off-road diesel-fueled equipment (e.g., rubber-tired dozers, graders,
scrapers, excavators, asphalt paving equipment, cranes, and tractors)
associated with Project construction shall be at least California Air Resources
Board (CARB) Tier 4 Certified or better. All construction equipment shall be
maintained and properly tuned in accordance with manufacturer’s
specifications. All equipment shall be checked by a certified mechanic and
determined to be running in proper working condition prior to operation.
x Comply with SDAPCD’s Rule 67 (Architectural Coatings). Use architectural
coating materials, as defined in SDAPCD Rule 67.0.1, that are zero-emission or
have a low-VOC.
x content (below 10 grams per liter). Where such VOC coatings are not available
or feasible, the coating with the lowest VOC rating available shall be used.
These measures shall be noted on all construction plans, and the city shall
perform periodic site inspections during construction to verify compliance.
x All material transported off-site shall be either sufficiently watered or securely
covered to prevent excessive amounts of dust.
x All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas,
and unpaved access roads) shall be watered two times per day.
x All visible mud and dirt track-out onto adjacent public roads shall be removed
using wet power vacuum street sweepers at least once per day. The use of dry
power sweeping is prohibited.
x Idling times shall be minimized either by shutting equipment off when not in
use or reducing the maximum idling time to 5 minutes (as required by the
California airborne toxics control measure Title 13, Section 2485 of California
Code of Regulations [CCR]). Clear signage shall be provided for construction
workers at all access points.
x A publicly visible sign with the telephone number and person to contact
regarding dust complaints shall be posted on the project site prior to the
initiation of construction activities. This person shall respond and take
corrective action within 48 hours. The Air District’s phone number shall also be
visible to ensure compliance with applicable regulations.
x Adhesives, sealants, and caulks meet SCAQMD Rule 1168 for VOC limits and
prohibition on the use of certain toxic compounds.
x Prohibit the installation of woodstoves, hearths, and fireplaces in new
construction facilitated by the proposed Project.
b. Protected Tree and Tree Canopy Survey. Prior to the issuance of a grading permit,
a tree survey shall be conducted by a certified arborist prior to project construction
to tag and assess all trees subject to the city’s Trees and Shrubs Ordinance
(Municipal Code Chapter 11.12) and/or CFMP. A city arborist will inspect the
property and recommend approving or denying the application in a written report
submitted to the city manager. The city shall post a letter of notification and a non-
removable marking upon the subject tree a minimum of 30 days prior to its
removal. The letter will be posted in a prominent location, visible from a public
street and will include the location of the tree, the reason for the trees removal,
the date of the scheduled removal, the species of tree to be replanted, the size of
the tree to be replanted, the date by which an appeal must be made to the parks
and recreation commission, and a description of the appeal process.
The following measures shall be implemented in addition to those required under
the city’s permits required for tree removal and maintenance ordinance
Guidelines (Municipal Code Title 11.12.090) to avoid and/or compensate for
potential indirect impacts to preserved sensitive natural communities and
protected trees within Carlsbad before, during, and following construction
activities
Pre-Construction
x Fencing. Protective fencing at least three feet high with signs and flagging shall
be erected around all preserved sensitive natural communities where adjacent
to proposed vegetation clearing and grubbing, grading, or other construction
activities. The protective fence shall be installed at a minimum of five feet
beyond the tree canopy dripline. The intent of protection fencing is to prevent
inadvertent limb/vegetation damage, root damage and/or compaction by
construction equipment. The protective fencing shall be depicted on all
construction plans and maps provided to contractors and labeled clearly to
prohibit entry, and the placement of the fence in the field shall be approved by
a qualified biologist prior to initiation of construction activities. The contractor
shall maintain the fence to keep it upright, taut and aligned at all times. Fencing
shall be removed only after all construction activities are completed.
x Pre-Construction Meeting. A pre-construction meeting shall be held between
all site contractors and a registered consulting arborist and/or a qualified
biologist. All site contractors and their employees shall provide written
acknowledgement of their receiving sensitive natural community protection
training. This training shall include, but shall not be limited to, the following
information: (1) the location and marking of protected sensitive natural
communities; (2) the necessity of preventing damage to these sensitive natural
communities; and (3) a discussion of work practices that shall accomplish such.
During Construction
x Fence Monitoring. The protective fence shall be monitored regularly (at least
weekly) during construction activities to ensure that the fencing remains intact
and functional, and that no encroachment has occurred into the protected
natural community; any repairs to the fence or encroachment correction shall
be conducted immediately.
x Equipment Operation and Storage. Contractors shall avoid using heavy
equipment around the sensitive natural communities. Operating heavy
machinery around the root zones of trees would increase soil compaction,
which decreases soil aeration and, subsequently, reduces water penetration
into the soil. All heavy equipment and vehicles shall, at minimum, stay out of
the fenced protected zones, unless where specifically approved in writing and
under the supervision of a registered consulting arborist and/or a qualified
biologist.
x Materials Storage and Disposal. Contractors shall not store or discard any
construction materials within the fenced protected zones and shall remove all
foreign debris within these areas. The contractors shall leave the duff, mulch,
chips, and leaves around the retained trees for water retention and nutrient
supply. Contractors shall avoid draining or leakage of equipment fluids near
retained trees. Fluids such as gasoline, diesel, oils, hydraulics, brake and
transmission fluids, paint, paint thinners, and glycol (anti-freeze) shall be
disposed of properly. The contractors shall ensure that equipment be parked
at least 50 feet, and that equipment/vehicle refueling occur at least 100 feet,
from fenced protected zones to avoid the possibility of leakage of equipment
fluids into the soil.
x Grade Changes. Contractors shall ensure that grade changes, including adding
fill, shall not be permitted within the fenced protected zone without special
written authorization and under supervision by a registered consulting arborist
and/or a qualified biologist. Lowering the grade within the fenced protected
zones could necessitate cutting main support and feeder roots, thus
jeopardizing the health and structural integrity of the tree(s). Adding soil, even
temporarily, on top of the existing grade could compact the soil further, and
decrease both water and air availability to the tree roots. Contractors shall
ensure that grade changes made outside of the fenced protected zone shall not
create conditions that allow water to pond.
x Trenching. Except where specifically approved in writing beforehand, all
trenching shall be outside of the fenced protected zone. Roots primarily extend
in a horizontal direction forming a support base to the tree similar to the base
of a wineglass. Where trenching is necessary in areas that contain roots from
retained trees, contractors shall use trenching techniques that include the use
of either a root pruner (Dosko root pruner or equivalent) or an Air-Spade to
limit root impacts. An International Society of Arboriculture (ISA) certified
arborist or American Society of Consulting Arborists (ASCA) registered
consulting arborist shall ensure that all pruning cuts shall be clean and sharp,
to minimize ripping, tearing, and fracturing of the root system. Root damage
caused by backhoes, earthmovers, dozers, or graders is severe and may
ultimately result in tree mortality. Use of both root pruning and Air-Spade
equipment shall be accompanied only by hand tools to remove soil from trench
locations. The trench shall be made no deeper than necessary.
x Erosion Control. Appropriate erosion control best management practices
(BMPs) shall be implemented to protect preserved sensitive natural
communities during and following project construction. Erosion control
materials shall be certified as weed free.
x Inspection. An ISA certified arborist or ASCA registered consulting arborist shall
inspect the preserved trees adjacent to grading and construction activity on a
monthly basis for the duration of the grading and construction activities. A
report summarizing site conditions, observations, tree health, and
recommendations for minimizing tree damage shall be submitted by the
registered consulting arborist following each inspection.
Post-construction
x Mulch. The contractors shall ensure that the natural duff layer under all trees
adjacent to construction activities shall be maintained. This would stabilize soil
temperatures in root zones, conserve soil moisture, and reduce erosion. The
contractors shall ensure that the mulch be kept clear of the trunk base to avoid
creating conditions favorable to the establishment and growth of decay causing
fungal pathogens. Should it be necessary to add organic mulch beneath
retained oak trees, packaged or commercial oak leaf mulch shall not be used as
it may contain root fungus. Also, the use of redwood chips shall be avoided as
certain inhibitive chemicals may be present in the wood. Other wood chips and
crushed walnut shells can be used, but the best mulch that provides a source
of nutrients for the tree is its own leaf litter. Any added organic mulch added
by the contractors shall be applied to a maximum depth of 4 inches where
possible.
x Watering Adjacent Plant Material. All installed landscaping plants near the
preserved sensitive natural communities shall require moderate to low levels
of water. The surrounding plants shall be watered infrequently with deep soaks
and allowed to dry out in between, rather than frequent light irrigation. The
soil shall not be allowed to become saturated or stay continually wet, nor
should drainage allow ponding of water. Irrigation spray shall not hit the trunk
of any tree. The contractors shall maintain a 30-inch dry-zone around all tree
trunks. An above ground micro-spray irrigation system shall be used in lieu of
typical underground pop-up sprays.
x Monitoring. An ISA certified arborist or ASCA registered consulting arborist
shall inspect the trees preserved on the site adjacent to construction activities
for a period of two years following the completion of construction. Monitoring
visits shall be completed quarterly, totaling eight visits. Following each
monitoring visit, a report summarizing site conditions, observations, tree
health, and recommendations for promoting tree health shall be submitted to
the city. Additionally, any tree mortality shall be noted and any tree dying
during the two year monitoring period shall be replaced at a minimum 3:1 ratio
on-site in coordination with the city.
c. HMP Adjacency Standards. Project shall evaluate potential indirect impacts, such
as wildfire, erosion, invasive species, unauthorized access, or predators, to habitat
and species adjacent to the proposed development. Projects shall be consistent
with the HMP Adjacency Standards (Section F-3).
d. Before commencement of any ground-disturbing activities, the project developer
shall comply with the following requirements to ensure the appropriate response
to the presence of any tribal and cultural resources:
x Retain the services of a qualified archaeologist who shall be on-site for ground-
disturbing activities. In the event cultural material is encountered, the
archaeologist is empowered to temporarily divert or halt grading to allow for
coordination with the Luiseño Native American monitor and to determine the
significance of the discovery. The archaeologist shall follow all standard
procedures for cultural materials that are not Tribal Cultural Resources.
x Enter into a Pre-Excavation Agreement, otherwise known as a Tribal Cultural
Resources Treatment and Tribal Monitoring Agreement, with a TCA tribe. This
agreement will address provision of a Luiseño Native American monitor and
contain provisions to address the proper treatment of any tribal cultural
resources and/or Luiseño Native American human remains inadvertently
discovered during the course of the project. The Agreement will outline the
roles and powers of the Luiseño Native American monitors and the
archaeologist and may include the following provisions.
i. A Luiseño Native American monitor shall be present during all ground-
disturbing activities. Ground disturbing activities may include, but are
not limited to, archaeological studies, geotechnical investigations,
exploratory geotechnical investigations/borings for contractor bidding
purposes, clearing, grubbing, trenching, excavation, preparation for
utilities and other infrastructure, and grading activities.
ii. Any and all uncovered artifacts of Luiseño Native American cultural
importance shall be returned to the San Luis Rey Band of Mission
Indians or other Luiseño Tribe, and/or the Most Likely Descendant, if
applicable, and not be curated, unless ordered to do so by a federal
agency or a court of competent jurisdiction.
iii. The Luiseño Native American monitor shall be present at the project’s
pre-construction meeting to consult with grading and excavation
contractors concerning excavation schedules and safety issues, as well
as to consult with the archaeologist PI (principal investigator)
concerning the proposed archaeologist techniques and/or strategies for
the project.
iv. Luiseño Native American monitors and archaeological monitors shall
have joint authority to temporarily divert and/or halt construction
activities. If tribal cultural resources are discovered during construction,
all earthmoving activity within and around the immediate discovery
area must be diverted until the Luiseño Native American monitor and
the archaeologist can assess the nature and significance of the find.
v. If a significant tribal cultural resource(s) and/or unique archaeological
resource(s) are discovered during ground-disturbing activities for this
project, the San Luis Rey Band of Mission Indians or other Luiseño tribe
shall be notified and consulted regarding the respectful and dignified
treatment of those resources. Pursuant to California Public Resources
Code Section 21083.2(b) avoidance is the preferred method of
preservation for archaeological and tribal cultural resources. If,
however, the Applicant is able to demonstrate that avoidance of a
significant and/or unique cultural resource is infeasible and a data
recovery plan is authorized by the City of Carlsbad as the lead agency,
the San Luis Rey Band of Mission Indians or other Luiseño tribe shall be
consulted regarding the drafting and finalization of any such recovery
plan.
vi. When tribal cultural resources are discovered during the project, if the
archaeologist collects such resources, a Luiseño Native American
monitor must be present during any testing or cataloging of those
resources. If the archaeologist does not collect the tribal cultural
resources that are unearthed during the ground disturbing activities,
the Luiseño Native American monitor may, at their discretion, collect
said resources and provide them to the San Luis Rey Band of Mission
Indians or other Luiseño tribe for dignified and respectful treatment in
accordance with their cultural and spiritual traditions.
vii. If suspected Native American human remains are encountered,
California Health and Safety Code Section 7050.5(b) states that no
further disturbance shall occur until the San Diego County Medical
Examiner has made the necessary findings as to origin. Further,
pursuant to California Public Resources Code Section 5097.98(b)
remains shall be left in place and free from disturbance until a final
decision as to the treatment and disposition has been made. Suspected
Native American remains shall be examined in the field and kept in a
secure location at the site. A Luiseño Native American monitor shall be
present during the examination of the remains. If the San Diego County
Medical Examiner determines the remains to be Native American, NAHC
must be contacted by the Medical Examiner within 24 hours. The NAHC
must then immediately notify the “Most Likely Descendant” about the
discovery. The Most Likely Descendant shall then make
recommendations within 48 hours and engage in consultation
concerning treatment of remains as provided in Public Resources Code
5097.98.
viii. In the event that fill material is imported into the project area, the fill
shall be clean of tribal cultural resources and documented as such.
Commercial sources of fill material are already permitted as appropriate
and will be culturally sterile. If fill material is to be utilized and/or
exported from areas within the project site, then that fill material shall
be analyzed and confirmed by an archaeologist and Luiseño Native
American monitor that such fill material does not contain tribal cultural
resources.
ix. No testing, invasive or non-invasive, shall be permitted on any
recovered tribal cultural resources without the written permission of
the San Luis Rey Band of Mission Indians or other Luiseño tribe.
x. Prior to the completion of project construction, a monitoring report
and/or evaluation report, if appropriate, which describes the results,
analysis, and conclusions of the monitoring program shall be submitted
by the Project Archaeologist, along with the Luiseño Native American
monitor’s notes and comments, to the City of Carlsbad for approval, and
shall be submitted to the South Coastal Information Center. Said report
shall be subject to confidentiality as an exception to the Public Records
Act and will not be available for public distribution.
x Furthermore, the Agreement may include additional measures mutually agreed
upon by the project developer, city, and TCA Tribe such as evaluation of the
project site’s pre-construction conditions for the presence or potential
presence of TCRs as well as other measures tailored to and deemed necessary
for the specific project.
e. Construction Noise Reduction Measures. If Large, heavy duty equipment rated 300
horsepower or greater is used for the project, the following construction noise
reduction measures shall be implemented during Project construction:
f. Shielding and Silencing. Power construction equipment (including combustion
engines), fixed or mobile, shall be equipped with noise shielding and silencing
devices consistent with manufacturer’s standards or the Best Available Control
Technology. Equipment shall be properly maintained, and the project applicant or
owner shall require construction contractors to keep documentation on-site during
earthwork or construction activities demonstrating that the equipment has been
maintained in accordance with manufacturer’s specifications.
g. Enclosures and Screening. Outdoor fixed mechanical equipment shall be enclosed
or screened from off-site noise-sensitive uses to the extent feasible. The
equipment enclosure or screen shall be impermeable (i.e., solid material with
minimum weight of 2 pounds per square feet) and break the line-of-sight from the
equipment and off-site noise-sensitive uses.
h. Construction Staging Areas. Construction staging areas shall be located as far from
noise-sensitive uses as reasonably feasible in consideration of site boundaries,
topography, intervening roads and uses, and operational constraints.
i. Smart Back-Up Alarms. Mobile construction equipment shall have smart back-up
alarms that automatically adjust the sound level of the alarm in response to
ambient noise levels. Alternatively, back-up alarms shall be disabled and replaced
with human spotters to ensure safety when mobile construction equipment is
moving in the reverse direction.
j. Equipment Idling. Construction vehicles and equipment shall not be left idling for
longer than five minutes when not in use.
k. Workers’ Radios. All noise from workers’ radios, including any on-site music, shall
be controlled to the point that they are not audible at off-site noise-sensitive uses.
l. Use of Driven Pile Systems. Driven (impact), sonic, or vibratory pile drivers shall
not be used, except in locations where the underlying geology renders alternative
methods infeasible, as determined by a soils or geotechnical engineer and
documented in a soils report
23. Transportation Demand Management Plan. Prior to the building permit issuance, the
Developer shall prepare and submit a Transportation Demand Management (TDM)
Plan for review and approval by the city, consistent with the city’s TDM Handbook, as
may be amended from time to time. The approved TDM Plan shall be fully
implemented for the life of the Project. The TDM Plan shall identify, describe, and
commit to specific, enforceable TDM measures to mitigate project-related
transportation and greenhouse gas emissions impacts to the maximum extent
feasible. The Plan shall include sufficient detail to demonstrate how each measure will
be implemented, monitored, and maintained over time, including, but not limited to,
program administration, performance targets (where applicable), reporting
procedures, and a clear identification of responsible parties. The TDM Plan shall also
include provisions for ongoing funding, staffing, and long-term operation of all
required TDM programs for the duration of the project. At a minimum, the TDM Plan
shall include, but not be limited to, the following measures. The city may require
revisions to the TDM Plan to ensure consistency with the city’s TDM Handbook and to
ensure the effectiveness of the proposed measures in achieving emissions and
transportation impact reductions.
a. A ride-sharing program (e.g., carpooling and/or vanpooling incentives and
coordination).
b. Provision and maintenance of secure, covered, long-term bicycle storage facilities
(e.g., bike lockers, bike storage room).
c. Provision and maintenance of publicly accessible bicycle parking.
d. A comprehensive commute trip reduction and transportation marketing program.
e. An annual transit subsidy program that subsidizes 50% of the cost of a one monthly
transit pass per month for up to 59 units, with priority first given to the Project’s
deed-restricted affordable units.
If the full subsidy fund is not used in any given year, the unused portion of the
subsidy can roll over to fund the subsidy for the following year. However, up to
25% of the unused funds shall be used to increase the overall amount in the fund
to allow broader marketing and enrollment in the program. This increase in the
overall subsidy fund from unused funds need not exceed a 35.6% increase to the
base obligation amount for 59 units. That is, the Developer must fully fund the
program each year (with new or unused funds) and add 25% of any unused funds
to increase the fund up to, but not to exceed, 135.6% of the required minimum
amount. The specific value of budget can vary from year to year so long as the total
value of incentives offered is equal to or greater than the minimum requirement.
24. This approval is granted subject to the approval of the Focused Initial Study/Mitigated
Negative Declaration (Final IS/MNO, State Clearinghouse No. 2026030432) and is
subject to all project design features and mitigation measures contained therein.
Mitigation Measures include the following:
a. Pre-Construction Nesting Bird Surveys, Avoidance, and Notification. If construction
activities are initiated during the bird nesting season (February 1–August 31)
involving removal of vegetation or other nesting bird habitat, including abandoned
structures and other man-made features, a pre-construction nesting bird survey
shall be conducted no more than three days prior to initiation of ground
disturbance and vegetation removal activities. The nesting bird pre-construction
survey shall be conducted on foot and shall include a 300-foot survey buffer
around the construction site. The survey shall be conducted by a biologist familiar
with the identification of avian species known to occur in southern California
coastal communities (i.e., qualified biologist). If active nests are found, an
avoidance buffer shall be determined by a qualified biologist in coordination with
the City. The avoidance buffer width will depend upon the species, the proposed
work activity, and existing disturbances associated with land uses outside of the
site, which shall be demarcated by the biologist with bright orange construction
fencing, flagging, construction lathe, or other means to demarcate the boundary.
All construction personnel shall be notified as to the existence of the buffer zone
and to avoid entering the buffer zone during the nesting season. No ground-
disturbing activities shall occur within the buffer until the biologist has confirmed
that breeding/nesting is completed, and the young have fledged the nest.
Encroachment into the buffer shall occur only at the discretion of the qualified
biologist on the basis that the encroachment will not be detrimental to an active
nest. A report summarizing the pre-construction survey(s) shall be prepared by a
qualified biologist and shall be submitted to the City prior to the commencement
of construction activities.
If an active coastal California gnatcatcher nest is found during pre-construction
surveys, a minimum 500 -foot no-disturbance buffer shall be established around
the nest. The buffer shall be clearly marked (e.g., with fencing or flagging) and
maintained until a qualified biologist confirms that the young have fledged, the
nest is no longer active, or that construction noise levels can be maintained
below 60 dBA Leq at the nest site with a smaller buffer. In no circumstances shall
a buffer of less than 100 feet be used even with noise attenuation measures. Any
reduction in the 500 -foot buffer must be supported by site-specific analysis by
the qualified biologist and approved by the City in consultation with USFWS.
b. Crotch’s Bumble Bee (CBB) Avoidance and Clearance Survey
x Focused Survey. Three on-site surveys for Crotch’s bumble bee (CBB) shall be
conducted prior to initiation of ground disturbing project activities to identify
if the CBB is present within the project site. This survey shall be conducted
simultaneously with the blooming period of the species’ recognized food
plants, when the CBB is most active. Each survey shall be spaced at least 2
weeks but no more than 4 weeks apart, corresponding with the Colony Active
Season for Bombus species (April–August). The surveying biologist shall be
familiar with the primary identification characteristics of the CBB and be
proficient in the methodology produced by the Xerces Society. The qualified
biologist shall utilize a telephoto lens or a sufficiently long macro lens to obtain
high-quality photos of bumble bees, sufficient for species identification,
without having to capture and potentially harm the bumble bees.
x Absence of Species. If no CBB are detected during the focused surveys, no
further measures shall be necessary.
x Presence of Species. If CBB are detected, then site-specific measures shall be
implemented to avoid take unless an Incidental Take Permit (ITP) for the
species is obtained from CDFW. Such avoidance measures shall include:
i. If vegetation removal activities and initial ground-disturbing activities
(i.e., clearing, grubbing, and initial site grading) occur during the Queen
and Gyne Flight Period and Colony Active Period for these species
(February–October), a qualified biologist shall conduct daily biological
monitoring. During monitoring, the qualified biologist shall inspect
suitable habitat for CBB activity within the day’s work area. If the
species is not detected, then project activities can proceed without
further biological monitoring that day.
ii. If the CBB is detected using nectar sources, then a no disturbance buffer
of at least 25 feet around the individual(s) shall be established, and the
individual(s) shall be monitored by a biological monitor until the CBB
are confirmed to have left the area on their own.
iii. If a CBB nest is detected where ground disturbance is proposed to occur,
then a minimum 30-foot no-disturbance buffer (with a buffer of up to
60 feet if disturbance is substantial) around the nest shall be
established. This buffer shall remain in place until the nest senesces,
which would occur after no nest activity observations for three
sequential days. The qualified biologist shall discuss the buffer with the
contractor to ensure that work areas, including ingress and egress
routes, avoid the CBB.
iv. If the project cannot avoid the established no-disturbance buffer(s)
identified above, the project applicant shall halt work within the buffer
area and shall consult with CDFW on appropriate avoidance actions and
obtain an Incidental Take Permit if necessary.
25. Prior to the issuance of a Grading Permit, the Applicant/Owner shall enter into a pre-
excavation agreement, otherwise known as a Tribal Cultural Resources Treatment and
Tribal Monitoring Agreement with the Rincon Band of Luiseño Indians. A copy of the
agreement shall be included in the Grading Plan Submittals for the Grading Permit.
The purpose of this agreement shall be to formalize protocols and procedures between
the Applicant/Owner and the Rincon Band of Luiseño Indians for the protection and
treatment of, including but not limited to, Native American human remains, funerary
objects, cultural and religious landscapes, ceremonial items, traditional gathering
areas and Tribal Cultural Resources, located and/or discovered through a monitoring
program in conjunction with the construction of the proposed project, including
additional archaeological surveys and/or studies, excavations, geotechnical
investigations, grading, and all other ground disturbing activities. No photography,
invasive or non-invasive testing is permitted without prior approval by the Rincon
Band of Luiseño Indians
26. Prior to the issuance of a Grading Permit, the Applicant/Owner or Grading Contractor
shall provide a written and signed letter to the City of Carlsbad stating that a Qualified
Archaeologist and Native American Monitor affiliated with the Rincon Band of Luiseño
Indians have been retained at the Applicant/Owner or Grading Contractor’s expense
to implement the monitoring program, as described in the pre-excavation agreement.
27. The Qualified Archaeologist shall maintain ongoing collaborative consultation with the
Luiseño Native American Monitor during all ground disturbing activities. The
requirement for the monitoring program shall be noted on all applicable construction
documents, including demolition plans, grading plans, etc. The Applicant/Owner or
Grading Contractor shall notify the City of Carlsbad Planning Division of the start and
end of all ground disturbing activities.
28. The Qualified Archaeologist and Luiseño Native American Monitor shall attend all
applicable pre-construction meetings with the General Contractor and/or associated
Subcontractors to present the archaeological monitoring program. The Qualified
Archaeologist and Luiseño Native American monitor shall be present on-site full-time
during grubbing, grading and/or other ground altering activities, including the
placement of imported fill materials or fill used from other areas of the project site, to
identify any evidence of potential archaeological or Tribal Cultural Resources. All fill
materials shall be absent of any and all Tribal Cultural Resources.
29. The Qualified Archaeologist or the Luiseño Native American Monitor may halt ground
disturbing activities if unknown Tribal Cultural Resources, archaeological artifact
deposits or cultural features are discovered. Ground disturbing activities shall be
directed away from these deposits to allow a determination of potential importance.
Isolates and other deposits will be minimally documented in the field, and before
grading proceeds these items shall be secured at a secured and locked location on
project site and as agreed upon by the Rincon Band of Luiseño Indians until they can
be repatriated for later reburial on site. If items cannot be securely stored on the
project site, they may be stored in off-site facilities located in San Diego County and
agreed upon by the Rincon Band of Luiseño Indians. If the Qualified Archaeologist and
Luiseño Native American monitor determine that the unearthed tribal cultural
resource, artifact deposits or cultural features are considered potentially significant
TCA Luiseño Tribes that have participated in the state-prescribed consultation process
for this project shall be notified and consulted regarding the respectful and dignified
treatment of those resources. The avoidance and protection of the significant tribal
cultural resource and/or unique archaeological resource is the preferable mitigation.
If, however, it is determined by the City that avoidance of the resource is infeasible,
the City of Carlsbad shall notify the Rincon Band of Luiseño Indians and other TCA
Luiseño Tribes that have participated in the state-prescribed consultation process for
this project and consult regarding appropriate next steps. If the decision is made that
data recovery is needed, the City shall consult with the Rincon Band of Luiseño Indians
on the drafting and finalization of any such recovery plan. The data recovery plan shall
also incorporate and reflect the tribal values of the TCA Luiseño Tribes that have
participated in the state-prescribed consultation process for this project. If the
Qualified Archaeologist collects such resources, the Luiseño Native American monitor
must be present during any cataloging of those resources. Moreover, if the Qualified
Archaeologist does not collect the Tribal Cultural Resources that are unearthed during
the ground disturbing activities, the Luiseño Native American monitor, may at their
discretion, collect said resources and provide them to the Rincon Band of Luiseño
Indians, as determined through the appropriate process, for respectful and dignified
treatment in accordance with the Tribe’s cultural and spiritual traditions. Ground
disturbing activities shall not resume until the Qualified Archaeologist, in consultation
with the representative of the Rincon Band of Luiseño Indians, deems the cultural
resource or feature has been appropriately documented and/or protected.
30. The landowner shall relinquish ownership of all Tribal Cultural Resources unearthed
during the cultural resource mitigation monitoring conducted during all ground
disturbing activities, and from any previous archaeological studies or excavations on
the project site to the Rincon Band of Luiseño Indians, for respectful and dignified
treatment and disposition, including reburial at a protected location on-site, in
accordance with the Tribe’s cultural and spiritual traditions. All cultural materials that
are associated with burial and/or funerary goods will be repatriated to the Most Likely
Descendant as determined by the Native American Heritage Commission per California
Public Resources Code Section 5097.98. No Tribal Cultural Resources shall be subject
to curation.
31. Prior to the release of the grading bond, a monitoring report and/or evaluation report,
if appropriate, which describes the results, analysis and conclusions of the
archaeological monitoring program (e.g., data recovery plan) shall be submitted by the
Qualified Archaeologist, along with the Luiseño Native American monitor’s notes and
comments, to the City of Carlsbad for approval.
32. As specified by California Health and Safety Code Section 7050.5, if human remains are
found on the project site during construction or during archaeological work, the person
responsible for the excavation, or his or her authorized representative, shall
immediately notify the San Diego County Office of the Medical Examiner by telephone.
No further excavation or disturbance of the site or any nearby area reasonably
suspected to overlie adjacent remains shall occur until the Medical Examiner has made
the necessary findings as to origin and disposition pursuant to Public Resources Code
5097.98. If such a discovery occurs, a temporary construction exclusion zone shall be
established surrounding the area of the discovery so that the area would be protected,
and consultation and treatment could occur as prescribed by law. If suspected Native
American remains are discovered, the remains shall be kept in-situ, or in a secure
location in close proximity to where they were found, and the analysis of the remains
shall only occur on-site in the presence of a representative of the Rincon Band of
Luiseño Indians. By law, the Medical Examiner will determine within two working days
of being notified if the remains are subject to his or her authority. If the Medical
Examiner identifies the remains to be of Native American ancestry, he or she shall
contact the Native American Heritage Commission (NAHC) within 24 hours. The NAHC
shall make a determination as to the Most Likely Descendant.
33. The Developer shall prepare an improvement plan and shall identify on the plans all
improvements necessary to implement the project and its conditions. The
improvement plan will be reviewed for compliance with the Carlsbad Municipal Code
and any applicable engineering standards, including but not limited to the on- and off-
site improvements and storm water control plan, to ensure the design conforms to all
requirements of the relevant regulations and codes. Approval of an improvement plan
must be obtained and secured prior to the issuance of a building permit to implement
the project. In approving the improvement plan, the City Engineer or designee may
impose such conditions as may be reasonably necessary to enable the City Engineer or
designee to make the required determinations and to prevent creation of a nuisance
or unreasonable hazard to persons or to public or private property.
34. 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.
35. 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.
36. 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 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.
37. 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 May 14, 2025. 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(o)(2).
38. 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.
39. The city prohibits the smoking of tobacco, or any other weed or plant or substance, in
multiunit residences or common areas. Every lease or other rental agreement for the
occupancy 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.
40. Prior to issuance of building permit the Developer shall prepare and record a Notice that
this property is subject to overflight; sight and sound of aircraft operating from
McClellan-Palomar Airport, in a form meeting the approval of the City Planner and the
City Attorney.
Engineering Conditions
General
1. 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.
2. 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.
3. Prior to issuance of a certificate of occupancy, 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.
4. 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.
5. Property owner shall maintain all landscaping (street trees, tree grates, shrubs,
groundcover, etc.) and irrigation along the parkway frontage with SALK AVENUE as
shown on the Site Plan.
Fees/Agreements
6. 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.
7. Developer shall cause property owner to execute and submit to the city engineer for
recordation the city’s standard form Drainage Hold Harmless Agreement.
8. 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.
9. Developer shall cause property owner to apply for, execute, and submit, to the city
engineer for recordation, an Encroachment Agreement covering private Storm drains,
Modular wetland system (MWS), and Curb Outlets located over existing public right-of-
way or easements as shown on the site plan. Developer shall pay processing fees per the
city’s latest fee schedule.
Grading
10. Based upon a review of the proposed grading and the grading quantities shown on the
site plan, a grading permit for this project is required. Developer shall prepare and submit
plans and technical studies/reports as required by city engineer, post security and pay all
applicable grading plan review and permit fees per the city’s latest fee schedule.
11. Concurrent with the grading plans Developer shall include non-standard retaining wall
plans as part of the grading plans to the satisfaction of the city engineer. Structural
calculations for all non-standard walls shall be submitted for review and approval by the
Land Development division. Developer shall pay all deposits necessary to cover any 3rd
party review.
Storm Water Quality
12. 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.
13. Developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan
(TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions
established by the San Diego Regional Water Quality Control Board and City of Carlsbad
Requirements. The TIER 3 SWPPP shall identify and incorporate measures to reduce
storm water pollutant runoff during construction of the project to the maximum extent
practicable. Developer shall pay all applicable SWPPP plan review and inspection fees per
the city’s latest fee schedule.
14. 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.
15. 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
16. Developer shall design the private drainage systems, as shown on the site plan to the
satisfaction of the city engineer. All private drainage systems 12” diameter storm drain
and larger shall be inspected by the city. Developer shall pay the standard improvement
plan check and inspection fees for private drainage systems.
17. 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.
18. Developer shall prepare and process public improvement plans and, prior to city engineer
approval of said plans, shall execute a city standard Development Improvement
Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070
for public improvements shown on the site plan. Said improvements shall be installed
to city standards to the satisfaction of the city engineer. These improvements include,
but are not limited to:
1. 2” Irrigation water service and meter
2. 2-2” Domestic water service laterals
3. 2-8” fire service laterals
4. Remove 12” water service, tee, gate valves and valves.
5. 8” sewer main in College Blvd. from El Camino Real to Sunny Creek Road
6. AC grind and overlay
7. Modular Wetlands
8. Removal of existing cross gutter, curb returns and ped ramps and replace with ADA
compliant alley type driveway
9. Curb, gutter and sidewalk
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.
19. Developer shall design, and obtain approval from the city engineer, the structural section
for the access aisles with a traffic index of 5.0 in accordance with city standards due to
truck access through the parking area and/or aisles. Prior to completion of grading, the
final structural pavement design of the aisle ways shall be submitted together with
required R-value soil test information subject to the review and approval of the city
engineer.
20. Developer is responsible to ensure all utility transformers or raised water backflow
preventers that serve this development are located outside the right-of-way as shown
on the Site Plan and to the satisfaction of the city engineer. These facilities shall be
constructed within the property.
Utilities Conditions
21. Prior to issuance of a certificate of occupancy, Developer shall construct an 8-inch PVC
sewer main in College Blvd. from El Camino Real to Sunny Creek Road. If the city engineer
determines said improvements are infeasible, the developer shall upsize the existing 8”
sewer main in El Camino Real, from the existing manhole approximately 650 feet north
of College Blvd. to Jackspar Lane. Said improvements shall be installed to current City of
Carlsbad Engineering Standards to the satisfaction of the City Engineer.
22. Developer shall maintain the existing 8” sewer lateral and manholes from the existing
manhole in Salk Avenue to and within the project as shown on the site plan. The
developer shall submit a plan amendment to the existing public improvement drawing to
change the designation of the existing 8” sewer lateral in Salk Avenue from public to
private. Developer shall pay plan check fees in accordance with the city’s current fee
schedule.
23. Developer shall pay for the bypass (detector) meter on the fire backflow device per City
of Carlsbad Engineering Standard Drawing W-9. CMWD will install the bypass meter.
24. Developer shall meet with the fire marshal to determine the fire protection
requirements (fire flows, fire hydrant locations, building sprinklers, etc.) required for the
project
25. 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.
26. The developer shall agree to design landscape and irrigation plans utilizing recycled water
as a source and prepare and submit a colored recycled water use map to the Planning
Department for processing and approval by the District Engineer.
27. Prior to issuance of a certificate of occupancy, Developer shall install potable water
and/or recycled water services and meters at locations approved by the District
Engineer. The locations of said services shall be reflected on public improvement plans.
28. Prior to issuance of a certificate of occupancy, The developer shall agree to install sewer
laterals and clean-outs at locations approved by the City Engineer. The locations of
sewer laterals shall be reflected on public improvement plans.
29. Prior to issuance of a certificate of occupancy, The developer shall design and agree to
construct public water, sewer, and recycled water facilities substantially as shown on the
site plan to the satisfaction of the District Engineer and City Engineer.
30. 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.
31. 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.
Fire Department Conditions
32. Building, fire protection, and landscape plans shall meet all requirements included in the
AM&M Approval Letter. The Alternative Material & Methods Approval is only valid for
the building/project design that is proposed and the codes, standards, ordinances, and
laws in effect at the time of this approval. Any changes to the project design, codes,
standards, ordinances, or laws before issuance of a building permit will void this approval
and will require a new Alternative Material & Methods request to be submitted for review
and approval.
33. The applicant has proposed a dedicated 20-foot-wide fire department access driveway
constructed with an impervious paver system to function as the second access point
from Salk Ave. Access gate(s) with “No Parking” signage and Knox locks will be provided
at the discretion of the fire code official.
34. Property is in a mapped Fire Suppression Zone and shall comply with the City Landscape
Manual. Landscape Plan with Fuel Modification is currently under review. All elements of
the final fire landscape/fuel modification plan shall be maintained in accordance with said
plans and are subject to the enforcement process outlined in CWUIC Section 109.
Continuous maintenance of vegetation is required.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not
limited to the following:
1. Developer shall pay planned local area drainage fees in accordance with Section
15.08.020 of the City of Carlsbad Municipal Code to the satisfaction of the city engineer.
2. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and
Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips
(ADT) and floor area contained in the staff report and shown on the (SITE PLAN) are for
planning purposes only.
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 June 3, 2026, by the following vote, to wit:
AYES: Hubinger, Lafferty, Fitzgerald, Foster, Meenes.
NAYES: None.
ABSENT: Burrows, Merz.
ABSTAIN: None.
_____________
ROY MEENES, Chair
Carlsbad Planning Commission
ATTEST:
________
ERIC LARDY, Assistant Director of
Community Development