HomeMy WebLinkAboutSDP 2024-0016; 3580 MADISON ST UNITS; Admin Decision LetterJuly 6, 2026
Matt Welch
{city of
Carlsbad
2061 Cima Ct.
Carlsbad, CA 92009
SUBJECT: SDP 2024-0016/NCP 2024-0005 (DEV2023-0160) -3580 MADISON ST UNITS -
Request for approval of a Minor Site Development Plan (SDP 2024-0016} and
Nonconforming Construction Permit (NCP 2024-0005} to demolish an existing
single-family dwelling unit (Unit 2} and construct an addition and remodel to the
remaining existing single-family dwelling (Unit 1} to convert Unit 1 into a duplex
with an attached one-car garage and two-car garage. The project also includes the
construction of two 1,200-square-foot accessory dwelling units (AD Us} which will
be detached from the two-family residence but will share a common wall with
each other. The subject property is located at 3580 Madison Street within the
Barrio Center (BC} District of the Village and Barrio Master Plan (VBMP} and Local
Facilities Management Zone 1. The property is located outside of the coastal zone.
Dear Mr. Welch,
The City Planner has completed a review of your application for a Minor Site Development Plan
(SDP 2024-0016} and Nonconforming Construction Permit (NCP 2024-0005} to demolish an
existing single-family dwelling unit (Unit 2} and construct an addition and remodel to the
remaining existing single-family dwelling unit (Unit 1} to convert Unit 1 into a duplex with an
attached one-car garage and two-car garage at 3580 Madison Street (APN 204-173-07-00}.
Specifically, the project proposed a 2,147-square foot addition and remodel to Unit 1 to create a
2,865-square-foot duplex. The resulting units will be 1,357 square feet and 1,508 square feet,
with an attached 260-square-foot, one-car garage and an attached 431-square-foot, two-car
garage. The project also includes the construction of two detached 1,200-square-foot accessory
dwelling units (AD Us} which will share a common wall with each other. While the construction of
the ADUs is not subject to this SDP/NCP, this information is included to provide a complete
project description. The existing dwellings on site are consistent with the BC District of the VBMP
and Carlsbad Municipal Code with the exception of specific parking and access conditions.
Specifically, Unit 1 provides only one garage space instead of the required two garage spaces, the
site features two driveways and approaches whereas a maximum of one access point is permitted
from a public street, and the northmost driveway is 12-feet-wide which does not meet the
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
SOP 2024-0016/NCP 2024-0005 (DEV2023-0160) -3580 MADISON ST UNITS
July 6, 2026
Pa e 2
minimum 20-foot width requirement. The Nonconforming Construction Permit is requested to
allow the proposed duplex to maintain these nonconforming parking, access and driveway width
conditions.
A notice was sent to property owners within a 300' radius of the subject property requesting
comments regarding the above request. No comments were received within the 10-day notice
period (ending on November 10, 2025}. After careful consideration of the circumstances
surrounding this request, the City Planner has determined that the four findings required for
granting a Nonconforming Construction Permit can be made and therefore, APPROVES this
request based on the following findings and conditions.
Findings:
Minor Site Development Plan, SDP 2024-0016
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 demolition
of the single-family dwelling (Unit 2) and construction of an addition and remodel to
the remaining existing single-family dwelling (Unit 1) to convert Unit 1 into a duplex
with an attached one-car garage and two-car garage is consistent with the allowed land
use in the Barrio Center (BC) District of the Village and Barrio Master Plan. Additionally,
the duplex is consistent with Section 21.48.050 of the Carlsbad Municipal Code (CMC),
which allows for nonconforming residential structures and uses to be continued and
expanded if found to be in accordance with the provisions of CMC Chapter 21.48,
Nonconforming Lots, Structures and Uses. The duplex is consistent with those
provisions because the proposed duplex does not: result in an additional structural
nonconformity; increase the degree of the existing nonconformity; or reduce the
number and size of any required existing parking spaces. The existing parking on site
consists of a 261-square foot, one-car garage and an approximately 129-square-foot
carport. The project will provide a 260-square-foot one car garage, a 431-square-foot,
two-car garage, and one 180-square-foot uncovered parking space for the proposed
duplex. Pursuant to Government Code Section 6632(a)(l), no parking is required for
ADUs located within one-half mile walking distance of public transit. The project site is
located within 0.3-mile walking distance of the Chestnut Ave and Harding Street bus
stop, therefore no parking is required for the proposed ADUs. Furthermore, the project
complies with all other development standards for the Barrio Center District, including
height, setbacks, and lot coverage and the various elements and objectives of the
General Plan.
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
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
SDP 2024-0016/NCP 2024-0005 {DEV2023-0160) -3580 MADISON ST UNITS
July 6, 2026
Pa e 3
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 a single-family
dwelling (Unit 2) and construction of an addition and remodel to the remaining existing
single-family dwelling (Unit 1) to convert Unit 1 into a duplex with an attached one-car
garage and two-car garage. The site is compatible with the other residential uses
surrounding the project site, including single-family and multiple-family residential
developments. Additionally, the proposed duplex is consistent with the Village and
Barrio Master Plan, Objective Design Standards. More specifically the project conforms
with the Traditional Modern Architectural Style standards and incorporates vertical
elements, a flat roof, a terrace, a smooth stucco base and vertical and horizontal upper
floor windows. The existing on site structures include two main dwellings and the
proposed project, also comprises of two main dwellings and two ADUS. The project will
take access from Madison Street which is identified as a local street and designed to
adequately handle the 32 average daily trips generated by the project. Therefore, the
project will not adversely impact the site, surroundings, or traffic circulation.
3. That the site for the intended development or use is adequate in size and shape to
accommodate the use, in that the project complies with the development standards of
the BC District of the Village and Barrio Master Plan and Carlsbad Municipal Code, with
the exception of site access (driveway width and exceeding the maximum allowed
number of access points) and parking (one-car garage and one uncovered parking space
for one of the proposed units). However, pursuant to CMC Section 21.48.050
nonconforming residential structures and uses can be continued and expanded if found
to be in accordance with the provisions of CMC Chapter 21.48, Nonconforming Lots,
Structures and Uses. A nonconforming construction permit (NCP 2024-0005) has been
approved concurrently with the site development plan and the finding of facts pursuant
to CMC Section 21.48.080 have been approved as demonstrated in the findings below.
The project compiles with all other development standards including setbacks and
height.
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 the exception of site
access (driveway width and exceeding the maximum allowed number of access points)
and parking (one-car garage and one uncovered parking space for one of the proposed
units) in which a nonconforming construction permit {NCP 2024-0005) has been
approved concurrently with the site development plan as permitted by CMC Section
21.48.050, the proposed duplex complies with all applicable development standards
(i.e. setbacks, lot coverage, and height restrictions) of the BC District of the Village and
Barrio Master Plan and Carlsbad Municipal Code. The curb, gutter, and sidewalk on the
project street frontage on Madison Street will be replaced to accommodate the two
new driveway approaches. In addition to the above, all proposed walls/fences on the
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
SOP 2024-0016/NCP 2024-0005 (DEV2023-0160) -3580 MADISON ST UNITS
July 6, 2026
Pa e 4
property comply with the master plans and/or Zoning Code, and proposed landscaping
is consistent with the Landscape Manual.
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 project will take
access from Madison Street which is identified as a local street and designed to
adequately handle any additional trips generated by the project. The proposed project
will replace the curb, gutter, and sidewalk along the Madison Street frontage, remove
and replace the two existing shared driveway approaches to meet city standards, and
modify utilities consistent with engineering standards.
NCP 2024-0005
6. The expansion of the structure and use would not result in an adverse impact to the
health, safety and welfare of surrounding uses, persons or property in that the existing
property is currently developed with two detached single-family residences (Unit 1 and
Unit 2) consistent with the requirements of BC District of the Village and Barrio Master
Plan with exception to existing nonconforming parking and access. Unit 1 has parking
in the form of a one-car garage space instead of a two-car garage or two one-car
garages. The project site also has two driveways when the Village and Barrio Master
Plan only permits a maximum of one access point from a public street. In addition, at
12-feet-wide the northmost driveway does not meet the minimum width standard of
20-feet. The project proposes to demolish Unit 2 and remodeling and constructing an
addition to Unit 1 to create a duplex. The resulting 2,865-square-foot duplex will be
two-stories, 24-feet-4-inches tall and will contain an attached 260-square-foot, one-car
garage and an attached 431-squre-foot, two-car garage. The project also includes the
construction of two 1,200-square-foot accessory dwelling units (ADUs) which will be
detached from the two-family residence but will share a common wall with each other.
The Nonconforming Construction Permit is requested to allow the proposed duplex to
maintain the existing nonconforming parking, access and driveway width. The proposed
remodel of Unit 1 into a duplex, attached garages and detached ADUs comply with all
applicable codes and standards and the use of the property will continue to be multi
family residential as permitted in the BC district of the Village and Barrio Master Plan.
The lot is bordered by residentially zoned lots to the north, south, east, and west.
7. The area of expansion shall comply with all current requirements and development
standards of the zone in which it is located, except as provided in Subsection
21.48.050(A}(3) of this chapter in that the use of the property will continue to be multi
family consisting of two main dwelling units. Unit 2 will be demolished and the
remaining unit, Unit 1, will be expanded to allow to create a duplex. Unit 1 will undergo
interior and exterior improvements to enhance the property within the BC district of
the Village and Barrio Master Plan. The duplex complies with the Objective Design
Standards of the Village and Barrio Master Plan. Furthermore, the proposed addition
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
SOP 2024-0016/NCP 2024-0005 (DEV2023-0160) -3580 MADISON ST UNITS
July 6, 2026
Pa e 5
meets all current development standards including building height, lot coverage, and
setback requirements.
8. The expansion/replacement structure shall comply with all current fire protection and
building codes and regulations contained in Titles 17 and 18 in that a building permit
issued by the City of Carlsbad is required for this project and the building construction
plans will be reviewed for consistency with all applicable fire protection and building
codes prior to issuance. Furthermore, the project will undergo standard building
inspection procedures during the construction of all improvements to the site.
9. The expansion/replacement would result in a structure that would be considered an
improvement to, or complementary to and/or consistent with the character of the
neighborhood in which it is located in that the use of the property will continue to be a
multi-family residence. Unit 2 will be demolished to allow for an expansion and
remodel of the remaining unit, Unit 1, to create a duplex. Unit 1 will undergo interior
and exterior improvements to enhance the property within an area comprised of single
family and multi-family residential development. Furthermore, the proposed duplex
complied with the Village and Barrio Master Plan Objective Design Standards.
General
10. That the City Planner has determined that the project belongs to a class of projects that
the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to New Construction or Conversion
of Small Structures -Section 15303(b). This exemption is for the construction of a
duplex or similar multi-family residential structure totaling no more than four dwelling
units. In making this determination, the City Planner has found that the exceptions listed
in Section 15300.2 of the state CEQA Guidelines do not apply to this project.
11. That the request for a Minor Site Development Plan and Nonconforming Construction
Permit was adequately noticed at least ten (10) calendar days before the date of this
decision pursuant to Section 21.54.060 of the Carlsbad Municipal Code.
12. The City Planner 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.
13. That the project is consistent with the City's Landscape Manual and Water Efficient
Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50).
Community Development Depa rtment
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
SOP 2024-0016/NCP 2024-0005 (DEV2023-0160) -3580 MADISON ST UNITS
July 6, 2026
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Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to grading permit.
1. Approval is granted for SDP 2024-0016/NCP 2024-0005 as shown on Exhibit "A" -"DD"
dated July 6, 2026 on file in the Planning Division and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these
conditions
2. 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 Minor Site Development Plan and
Nonconforming Construction Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Minor Site Development Plan and Nonconforming Construction
Permit documents, as necessary to make them internally consistent and in conformity
with the final action on the project. Development shall occur substantially as shown on
the approved Exhibits. Any proposed development, different from this approval, shall
require an amendment to this approval.
4. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
5. If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this project are
challenged, this approval shall be suspended as provided in Government Code §66020. If
any such condition is determined to be invalid, this approval shall be invalid unless the
City Council determines that the project without the condition complies with all
requirements of law.
6. 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 Minor Site Development Plan and
Nonconforming Construction Permit (b) city's approval or issuance of any permit or
Community Development Department
Planning Division [ 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
SDP 2024-0016/NCP 2024-0005 (DEV2023-0160) -3580 MADISON ST UNITS
July 6, 2026
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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.
7. Prior to submittal of the building plans, improvement plans, grading plans, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Minor Site
Development Plan and Nonconforming Construction 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.
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. Developer shall report, in writing, to the City Planner within 30 days, any address change from
that which is shown on the permit application.
10. This approval shall become null and void if building permits are not issued for this project
within 36 months from the date of project approval.
11. Prior to the issuance of the building permit, Developer shall submit to the city a Notice of
Restriction 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 Minor Site Development Plan and Nonconforming Construction Permit on the property.
Said Notice of Restriction shall note the property description, location of the file containing
complete project details and all conditions of approval as well as any conditions or restrictions
specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute
and record an amendment to the notice which modifies or terminates said notice upon a showing
of good cause by the Developer or successor in interest.
12. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17,
the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local
Facilities Management Plan fee for Zone 1 pursuant to Chapter 21.90. All such taxes/fees
shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval
will not be consistent with the General Plan and shall become void.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
SDP 2024-0016/NCP 2024-0005 (DEV2023-0160} -3580 MADISON ST UNITS
July 6, 2026
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13. 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 a P-25 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 fee, with said application. The
approved PCO plan will be utilized by the city as part of the project's final inspection process.
14. Prior to issuance of grading and building permits, Developer shall list the following
condition on all grading and building permit construction plans. Construction activities
shall take place during the permitted time and day per Carlsbad Municipal Code Chapter
8.48. Developer shall ensure that construction activities for the proposed project are
limited to the hours from 7:00 a.m. to 6:00 p.m. Monday through Friday, and 8:00 a.m. to
6:00 p.m. on Saturdays; no work shall be conducted on Sundays or on federal holidays.
15. If satisfaction of the school facility requirement involves a Mello-Roos Community
Facilities District or other financing mechanism which is inconsistent with City Council
Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers,
then in addition to any other disclosure required by law or Council policy, the Developer
shall disclose to future owners in the project, to the maximum extent possible, the
existence of the tax or fee, and that the school district is the taxing agency responsible for
the financing mechanism. The form of notice is subject to the approval of the City Planner
and shall at least include a handout and a sign inside the sales facility, or inside each unit,
stating the fact of a potential pass-through of fees or taxes exists and where complete
information regarding those fees or taxes can be obtained.
16. 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.
17. 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.
18. Prior to issuance of a grading permit or the commencement of any ground-disturbing
activities, whichever occurs first, Developer shall:
A. Retain the services of a qualified archaeologist who shall be on-site to monitor
ground disturbing activities. In the event cultural resource material is encountered,
the archaeologist is empowered to temporarily divert or halt grading to allow for
coordination with the Luiseno Native American monitor and to determine the
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
SOP 2024-0016/NCP 2024-0005 (DEV2023-0160) -3580 MADISON ST UNITS
July 6, 2026
Pa e 9
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
Engineering 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 a (building or grading
permit whichever occurs first).
General
19. 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.
20. 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.
21. Developer shall complete processing of an adjustment plat for the lot consolidation of lot
1 and lot 2 as shown on the site plan.
22. 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.
23. Property owner shall maintain all landscaping, (shrubs, groundcover, etc.) and irrigation
along the parkway frontage on Madison St as shown on the Site Plan.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
SOP 2024-0016/NCP 2024-0005 (DEV2023-0160) -3580 MADISON ST UNITS
July 6, 2026
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Fees/ Agreements
24. 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.
25. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the city's standard form Drainage Hold Harmless Agreement.
26. 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.
27. Developer shall cause owner to execute, for recordation, a city standard Local
Improvement District Agreement to pay fair share contributions for undergrounding of
all existing overhead utilities and installation of street lights, as needed, along the
subdivision frontage, should a future district be formed.
Grading
28. 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.
29. Concurrent with the grading plans Developer shall include shoring plans as part of the
grading plans to the satisfaction of the City Engineer and building official. Structural
calculations for all shoring shall be submitted for review and approval by the building
division. Developer shall pay all deposits necessary to cover any 3rd party review.
Storm Water Quality
30. 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.
31. 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
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
SDP 2024-0016/NCP 2024-0005 (DEV2023-0160) -3580 MADISON ST UNITS
July 6, 2026
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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.
32. This project is subject to Trash Capture requirements. Developer shall prepare and
process a Trash Capture Storm Water Quality Management Plan (TCSWQMP), subject to
City Engineer approval, to comply with the Carlsbad BMP Design Manual latest version.
The final TCSWQMP required by this condition shall be reviewed and approved by the
City Engineer with final grading plans and/or building plans, whichever occurs first.
Developer shall pay all applicable SWQMP plan review and inspection fees per the city's
latest fee schedule.
33. Developer is responsible for ensuring that all final design plans (grading plans,
improvement plans, landscape plans, building plans, etc.) incorporate all source control,
site design, pollutant control BMP and applicable hydromodification measures.
34. Developer shall complete the City of Carlsbad Standard Stormwater Requirement
Checklist Form. Developer is responsible for ensuring 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 sign age all to the satisfaction of the
City Engineer.
Dedications/Improvements
35. 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.
36. 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 (2) existing shared driveway approaches as necessary
to meet city standards.
B. Remove and replace sidewalk along project frontage to comply with
approved standards.
C. Grind and overlay of street pavement.
Community Development Department
Planning Division / 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
SDP 2024-0016/NCP 2024-0005 (DEV2023-0160) -3580 MADISON ST UNITS
July 6, 2026
Pa e 12
D. Installation of new water services.
E. Installation of new sewer lateral.
F. Removal of abandoned sewer lateral and water service.
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.
37. Developer is responsible to ensure utility transformers or raised water backflow
preventers that serve this development are located outside the right-of-way as shown
on the site plan and to the satisfaction of the City Engineer. These facilities shall be
constructed within the property.
38. 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.
39. 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.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
40. 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.
41. Developer shall pay traffic impact and sewer impact fees based on Chapter 18.42 and
Chapter 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily
Trips (ADT) and floor area contained in the staff report and shown on the {SITE
PLAN/TENTATIVE MAP) are for planning purposes only.
42. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable city ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
SDP 2024-0016/NCP 2024-0005 (DEV2023-0160) -3580 MADISON ST UNITS
July 6, 2026
Pa e 13
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 the 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.
This decision may be appealed by you or any other member of the public to the Planning
Commission within ten days of the date of this letter. Appeals must be submitted in writing to
the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $952.00. The
filing of such appeal within such time limit shall stay the effective date of the order of the City
Planner until such time as a final decision on the appeal is reached. If you have any questions
regarding this matter, please feel free to contact Lauren Yzaguirre at (442) 339-2631.
Sincerely,
~
Eric Lardy
Assistant Director of Community Development
EL:LY:cf
c: Linda Ontiveros, Project Engineer
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Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600