HomeMy WebLinkAbout2018-08-15; Planning Commission; ; CT 2018-0001/PUD 2018-0001/CDP 2018-0003 (DEV2017-0221) -WALNUT BEACH HOMES
Item No.
Application complete date: June 12, 2018
P.C. AGENDA OF: August 15, 2018 Project Planner: Chris Garcia
Project Engineer: Tim Carroll
SUBJECT: CT 2018-0001/PUD 2018-0001/CDP 2018-0003 (DEV2017-0221) – WALNUT BEACH
HOMES – Request for approval of a Tentative Tract Map, Planned Development Permit
and Coastal Development Permit to allow the demolition of two existing residential units
and the development of an 11-unit, residential air-space condominium project on a 0.57-
acre site located at 362 Walnut Avenue, within the Mello II Segment of the Local Coastal
Program and within Local Facilities Management Zone 1. The project site is not within the
appealable area of the California Coastal Commission. The City Planner has determined
that this project is exempt from the requirements of the California Environmental Quality
Act (CEQA) pursuant to Section 15332 “In-Fill Development Projects” of the State CEQA
Guidelines and will not have any adverse significant impact on the environment.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 7307 APPROVING Tentative
Tract Map CT 2018-0001, Planned Development Permit PUD 2018-0001, and Coastal Development Permit
CDP 2018-0003, based upon the findings and subject to the conditions contained therein.
II. PROJECT DESCRIPTION AND BACKGROUND
The applicant proposes to demolish two existing residential units and construct an 11-unit residential air-
space condominium project on a 0.57-acre site located at 362 Walnut Avenue. Topographically, the site
is generally flat and presently developed with two residential units. The development proposes five
buildings consisting of one to three residential units each. The condominium project requires the
processing and approval of a Tentative Tract Map, Planned Development Permit and Coastal Development
Permit.
The proposed project contains a paved drive-aisle down the center of the site, with five units on the east
side and six units on the west side of the drive-aisle. Each home includes an attached two-car garage with
a direct entrance into the unit. All 11 units contain three bedrooms and three and a half bathrooms, and
range in size from 1,901 square feet to 2,072 square feet. All units are three stories with an overall building
height of 30 feet as measured from the new finished grade. The finished grade for measuring building
height is being established slightly higher than the existing grade for a uniform design and for drainage
purposes. All units include a private deck area off the second and third floors, as well as an exclusive use
yard at the ground level. The underlying lot will be held in common interest divided between the 11 air-
space condominiums. The common area includes, but is not limited to, the private drive aisle, guest
parking spaces, and landscaped areas.
The architectural character of the project is a beach contemporary style featuring simple rectangular
massing, with shed and gable roofs. Primary building materials include light gray and medium gray smooth
stucco, horizontal metal panel siding, and white painted wood fascia boards. Composite asphalt shingles
cover a 3:12-pitched roof on each building.
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Table “A” below includes the General Plan Land Use designations, zoning and current land uses of the
project site and surrounding properties.
TABLE A – SURROUNDING LAND USE
Location General Plan Designation Zoning Current Land Use
Site
R-23 Residential 15-23 du/ac with
a Growth Management Control
Point (GMCP) of 19 du/ac.
Multiple-Family
Residential (R-3) Zone
Two detached residential
units
North R-23 Residential R-3 Multi-Family Residential
South R-23 Residential R-3 Multi-Family Residential
East R-23 Residential R-3 Multi-Family Residential
West R-23 Residential R-3 Multi-Family Residential
Table “B” below includes the project site’s gross and net acreage, the number of dwelling units allowed
by the General Plan’s Growth Management Control Point (GMCP) density and the proposed project’s
number of dwelling units and density.
TABLE B – PROPOSED DENSITY
Gross Acres Net Acres (for
density calculation)
DUs Allowed at GMCP
Density
DUs Proposed and
Project Density
0.57 acres 0.57 acres 11 units 11 units at 19.3 du/ac.
In order to meet the city’s Inclusionary Housing requirements, the project is conditioned to purchase two
inclusionary housing credits prior to final map approval.
Grading quantities include 675 cubic yards (c.y.) of cut, 125 c.y. of fill, 550 c.y. of export and 1,700 c.y. of
remedial grading.
The project meets the city’s standards for planned developments and subdivisions, and as designed and
conditioned, complies with the General Plan, Subdivision Ordinance, and relevant zoning regulations of
the Carlsbad Municipal Code (CMC).
III. ANALYSIS
The project is subject to the following regulations:
A. R-23 Residential General Plan Land Use designation;
B. Multiple-Family Residential (R-3) Zone, Planned Development Regulations and Beach Area
Overlay Zone (BAOZ) (CMC Chapters 21.16, 21.45 and 21.82);
C. Coastal Development Regulations for the Mello II Segment of the Local Coastal Program (CMC
Chapter 21.201) and the Coastal Resource Protection Overlay Zone (CMC Chapter 21.203);
D. Subdivision Ordinance (CMC Title 20);
E. Inclusionary Housing Ordinance (CMC Chapter 21.85); and
F. Growth Management Ordinance (CMC Chapter 21.90) and Zone 1 Local Facilities Management
Plan.
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The recommendation for approval of this project was developed by analyzing the project’s consistency
with the applicable regulations and policies. The project’s compliance with each of the above regulations
is discussed in detail in the sections below.
A. R-23 Residential General Plan Land Use Designation
The General Plan Land Use designation for the property is R-23 Residential, which allows residential
development at a density range of 15-23 dwelling units per acre (du/ac) with a Growth Management
Control Point (GMCP) of 19 du/ac. The project site has a net developable acreage of 0.57 acres. At the
GMCP, 11 dwelling units would be permitted on this 0.57-net-developable-acre property (10.8 dwelling
units rounded up to 11 dwelling units). Therefore, the residential development complies with the R-23
General Plan Land Use designation for density.
Additionally, the project complies with the Elements of the General Plan as outlined in Table “C” below:
TABLE C – GENERAL PLAN COMPLIANCE
ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE
OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY
Land Use Policy 2-P.7
Do not permit residential development
below the minimum of the density range
except in certain circumstances.
Policy 2-P.8
Do not permit residential development
to exceed the applicable Growth
Management Control Point (GMCP)
density unless certain findings are made.
The 11-unit residential project
density of 19.3 du/ac is within the R-
23 Residential density range and
consistent with the GMCP unit yield
of 11 units.
Yes
Mobility Policy 3-P.5
Require developers to construct or pay
their fair share toward improvements
for all travel modes consistent with the
Mobility Element, the Growth
Management Plan, and specific impacts
associated with their development.
Goal 3-G.3
Provide inviting streetscapes that
encourage walking and promote livable
streets.
The proposed project has been
designed to meet applicable
circulation requirements, which
include a single driveway access point
from Walnut Avenue. In addition,
the applicant will be required to pay
traffic impact fees prior to issuance
of a building permit that will go
towards future road improvements.
The proposed project will maintain
an existing sidewalk along Walnut
Avenue and will provide pedestrian
access to and from the project.
Yes
Public
Safety
Goal 6-G.1
Minimize injury, loss of life, and damage
to property resulting from fire, flood,
hazardous material release, or seismic
disasters.
The proposed structural
improvements are required to be
designed in conformance with all
seismic design standards. In
addition, the proposed project is
consistent with all the applicable fire
safety requirements.
Yes
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ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE
OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY
Policy 6-P.6
Enforce the requirements of Titles 18,
20, and 21 pertaining to drainage and
flood control when reviewing
applications for building permits and
subdivisions.
Policy 6-P.34
Enforce the Uniform Building and Fire
codes, adopted by the city, to provide
fire protection standards for all existing
and proposed structures.
Policy 6-P.39
Ensure all new development complies
with all applicable regulations regarding
the provision of public utilities and
facilities.
Further, the project has been
conditioned to develop and
implement a program of “best
management practices” for the
elimination and reduction of
pollutants which enter into and/or
are transported within storm
drainage facilities.
Yes
Noise Goal 5-G.2
Ensure that new development is
compatible with the noise environment,
by continuing to use potential noise
exposure as a criterion in land use
planning.
Policy 5.P.2
Require a noise study analysis be
conducted for all discretionary
development proposals located where
projected noise exposure would be
other than “normally acceptable.”
The project consists of 11 residential
condominiums located in five
buildings. A noise study by Birdseye
Planning Group, LLC, dated
December 2017, was provided. The
exterior required private recreation
areas are below the maximum 60
dB(a) CNEL noise level and, therefore,
comply. The windows of each
residential unit will need to be closed
to meet a 45 dB(a) CNEL interior
noise level. Therefore, mechanical
ventilation is required. In addition,
the project is conditioned to comply
with the construction requirements
of the aforementioned noise study.
Yes
Housing Program 3.1
The Inclusionary Housing Ordinance
requires that a minimum of 15 percent
of all ownership projects of seven units
or more be restricted and affordable to
lower income households.
The city’s Housing Policy Team
reviewed the proposed 11-unit
project and recommended the
applicant purchase two inclusionary
housing credits in the Tavarua
Affordable Housing Project to fulfill
the project’s affordable housing
requirement. The purchase of two
affordable housing credits is
supported since higher land costs
near the beach make it difficult to
integrate two affordable units into
the proposed market development
Yes
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ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE
OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLY
given the significant price and
product type disparity. Furthermore,
the purchase of two affordable
housing credits supports the city’s
Housing Trust Fund that is dedicated
to the development, preservation,
and rehabilitation of affordable
housing in the city. The project has
been conditioned to require the
approval of an Affordable Housing
Agreement prior to approval of the
final map.
B. Multiple-Family Residential (R-3) Zone, Planned Development Regulations, and Beach Area Overlay
Zone (BAOZ)
The proposed project is required to comply with all applicable use and development standards of the
Carlsbad Municipal Code (CMC) including the Multiple-Family Residential (R-3) Zone (CMC Chapter 21.16),
Planned Developments (CMC Chapter 21.45), and the Beach Area Overlay Zone (BAOZ) (CMC Chapter
21.82).
The 11-unit residential air-space condominium project meets or exceeds the requirements of the R-3 Zone
and the BAOZ as outlined in Table “D” below. The Planned Development regulations provide most of the
development standards except for those listed in the table below. The project complies with all applicable
development standards for Planned Developments (CMC Chapter 21.45). Please refer to Attachment Nos.
4 and 5 (Exhibits “A” and “B”) for an analysis of project compliance with Tables C and E of the Planned
Development regulations and full compliance with City Council Policy No. 66.
TABLE D – R-3 AND BAOZ COMPLIANCE
R-3 Standards Required Proposed Comply
Setbacks Interior Side: 10% Lot Width – 10’
Rear: 20% Lot Width – 20’
Sides: 10’
Rear: 20’
Yes
Lot Coverage 60% 46.3% Yes
BAOZ Standards Required Proposed Comply
Building Height 30 feet with a minimum 3:12 roof pitch
provided or 24 feet if less than a 3:12 roof pitch
is provided
Roof Peak = 30’ with
3:12 roof pitch
Yes
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C. Coastal Development Regulations for the Mello II Segment of the Local Coastal Program (CMC
21.201) and the Coastal Resource Protection Overlay Zone (CMC 21.203)
1. Mello II Segment of the Certified Local Coastal Program and all applicable policies
The proposed site is in the Mello II Segment of the Local Coastal Program (LCP) and is not within
the appealable area of the California Coastal Commission. The project site has an LCP Land Use
designation of R-23 Residential and Zoning of R-3, which are consistent with the city’s General
Plan and Zoning. The project’s consistency with the R-23 General Plan Land Use designation is
analyzed in Section “A,” Table “C” above.
The project consists of the demolition of two existing residential units and the construction of 11
detached, air-space condominiums. The proposed project is compatible with the surrounding
development of residential structures. The three-story structures will not obstruct views of the
coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual
beauty of the Coastal Zone. No agricultural uses currently exist on the previously graded site, nor
are there any sensitive resources located on-site. The proposed project is not located in an area
of known geologic instability or flood hazard. Since the site does not have frontage along the
coastline, no public opportunities for coastal shoreline access are available from the subject site.
Furthermore, the residentially-designated site is not suited for water-oriented recreation
activities.
2. Coastal Resource Protection Overlay Zone
The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(CMC Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the city’s Master
Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and
Jurisdictional Runoff Management Program (JRMP) to avoid increased urban run-off, pollutants
and soil erosion. The subject property does not include steep slopes (equal to or greater than
25 percent gradient) nor native vegetation. In addition, the site is not located in an area prone
to landslides, or susceptible to accelerated erosion, floods or liquefaction.
D. Subdivision Ordinance
The Land Development Engineering Division has reviewed the proposed Tentative Tract Map and has
found that the subdivision complies with all applicable requirements of the Subdivision Map Act and the
city’s Subdivision Ordinance (Title 20) for Major Subdivisions. The subdivision is considered major because
it involves the division of land into five or more condominiums (11 condominiums proposed). The project
has been conditioned to install all infrastructure-related improvements and the necessary easements for
these improvements concurrent with the development.
E. Inclusionary Housing Ordinance
The city’s Housing Policy Team has reviewed the project and recommended that the developer purchase
two affordable housing credits in lieu of providing affordable units on-site. The purchase of two affordable
housing credits is supported since higher land costs near the beach make it difficult to integrate two
affordable units into the proposed market development given the significant price and product type
disparity. Furthermore, the purchase of two affordable housing credits supports the city’s Housing Trust
Fund that is dedicated to the development, preservation, and rehabilitation of affordable housing in the
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city. The two affordable housing credits are available for purchase from the Tavarua Affordable Housing
Project. As required by CMC Chapter 21.85, the project has been accordingly-conditioned to require the
approval of an Affordable Housing Agreement prior to approval of the final map.
F. Growth Management
The proposed project is located within Local Facilities Management Zone 1 in the Northwest Quadrant of
the city. The impacts on public facilities created by the project, and its compliance with the adopted
performance standards, are summarized in Table “F” below.
TABLE F – GROWTH MANAGEMENT COMPLIANCE
STANDARD IMPACTS COMPLIANCE
City Administration 38.9 sq. ft. Yes
Library 20.8 sq. ft. Yes
Waste Water Treatment 11 EDU Yes
Parks 0.08 acre Yes
Drainage 1.22 CFS Yes
Circulation 88 ADT Yes
Fire Station No. 1 Yes
Open Space N/A N/A
Schools Carlsbad (E=0.99/M=0.44/HS = 0.54) Yes
Sewer Collection System 11 EDU Yes
Water 2,750 GPD Yes
The project proposes 11 dwelling units and the unit yield at the GMCP of the property is 11 dwelling units.
Therefore, the project complies with the Growth Management Ordinance and no units will be deposited
or withdrawn from the city’s Excess Dwelling Unit Bank.
IV. ENVIRONMENTAL REVIEW
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
Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemption of the State CEQA Guidelines.
The project is consistent with the General Plan as well as with the Zoning Ordinance, the project site is
within the city limits, is less than five acres in size, and is surrounded by urban uses; there is no evidence
that the site has value as habitat for endangered, rare, or threatened species; approval of the project will
not result in significant effects relating to traffic, noise, air quality, or water quality; and the site can be
adequately served by all required utilities and public services. 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, including “historical resources”, since the existing structures are not included in a local
register of historical resources, have not been found to be historically significant, and do not meet the
criteria for listing on the California Register of Historical Resources (see Errata Sheet). A Notice of
Exemption will be filed by the City Planner upon final project approval.
The 11-unit condominium project is not subject to Climate Action Plan measures because the project is
below the 70-unit multi-family housing screening threshold listed in the city’s Climate Action Plan (Section
5.3).
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ATTACHMENTS:
1. Planning Commission Resolution No. 7307
2. Location Map
3. Disclosure Statement
4. Exhibit “A” – Planned Development Tables C & E
5. Exhibit “B” – City Council Policy No. 66 Compliance Table
6. Reduced Exhibits
7. Full Size Exhibits “A” – “DD” dated August 15, 2018
ATTACHMENT 1
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING TENTATIVE TRACT MAP CT 2018-
0001, PLANNED DEVELOPMENT PERMIT PUD 2018-0001 AND COASTAL
DEVELOPMENT PERMIT CDP 2018-0003 TO ALLOW THE DEMOLITION OF
TWO EXISTING RESIDENTIAL UNITS AND THE DEVELOPMENT OF AN 11-
UNIT, RESIDENTIAL AIR-SPACE CONDOMINIUM PROJECT ON A 0.57-ACRE
SITE LOCATED AT 362 WALNUT AVENUE, WITHIN THE MELLO II SEGMENT
OF THE LOCAL COASTAL PROGRAM AND WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: WALNUT BEACH HOMES
CASE NO.: CT 2018-0001/PUD 2018-0001/CDP 2018-0003
(DEV2017-0221)
WHEREAS, 362 Walnut, LLC, “Developer/Owner,” has filed a verified application with the City of
Carlsbad regarding property described as
Parcel 2 of Parcel Map 425, in the City of Carlsbad, County of San Diego,
State of California, filed in the office of the County Recorder of San
Diego County, January 14, 1971
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Tract Map, Planned
Development Permit and Coastal Development Permit as shown on Exhibit(s) “A” – “DD” dated August
15, 2018, on file in the Planning Division CT 2018-0001/PUD 2018-0001/CDP 2018-0003 – WALNUT
BEACH HOMES, as provided by Chapters 21.45, 21.201 and 20.24 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on August 15, 2018, hold a duly noticed public hearing
as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract
Map.
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 Commission APPROVES
CT 2018-0001/PUD 2018-0001/CDP 2018-0003 – WALNUT BEACH HOMES, based on the following
findings and subject to the following conditions:
PLANNING COMMISSION RESOLUTION NO. 7307
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Findings:
Tentative Tract Map
1. That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable
specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act,
and will not cause serious public health problems, in that the 11-unit residential air-space
condominium project created through the tentative tract map satisfies all the minimum
requirements of Title 20 and has been designed to comply with other applicable regulations
including the Multiple-Family Residential (R-3) Zone, the Planned Development Ordinance,
Growth Management Ordinance, and the R-23 General Plan Land Use designation.
2. That the proposed project is compatible with the surrounding future land uses since surrounding
properties are developed and are currently designated as R-23 Residential in the General Plan.
The subject property is bordered on all sides by existing multi-family residential development.
Given the existing, surrounding development, the air-space residential condominium project is
compatible with existing and future land uses.
3. That the site is physically suitable for the type and density of the development since the site is
adequate in size and shape to accommodate residential development at the density proposed, in
that all required development standards and design criteria required by the Multiple-Family
Residential (R-3) Zone and the Planned Development Ordinance are incorporated into the 11-
unit residential air-space condominium project without the need for any variances from
development standards.
4. That the design of the subdivision or the type of improvements will not conflict with easements
of record or easements established by court judgment, or acquired by the public at large, for
access through or use of property within the proposed subdivision, in that the 11-unit residential
air-space condominium project has been designed and conditioned so that there are no conflicts
with established easements and no additional right-of-way is required.
5. That the property is not subject to a contract entered into pursuant to the Land Conservation Act
of 1965 (Williamson Act).
6. That the design of the subdivision provides, to the extent feasible, for future passive or natural
heating or cooling opportunities in the subdivision, in that structures have been designed to
include operable windows on all elevations and balconies to maximize exposure of each unit to
natural light and ventilation from nearby coastal breezes, if desired.
7. That the Planning Commission has considered, in connection with the housing proposed by this
subdivision, the housing needs of the region, and balanced those housing needs against the public
service needs of the city and available fiscal and environmental resources in that the applicant
proposes to purchase two housing credits within the Tavarua Affordable Housing Project to
satisfy their inclusionary housing obligations prior to the issuance of a building permit. As such,
the project has been conditioned to require the approval of an Affordable Housing Agreement
prior to approval of the final map.
8. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in
that the 11-unit residential air-space condominium project site has been previously graded and
developed with two residential units and is surrounded by existing development.
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9. That the discharge of waste from the subdivision will not result in violation of existing California
Regional Water Quality Control Board requirements, in that the project has been designed in
accordance with the Best Management Practices for water quality protection in accordance
with the city’s sewer and drainage standards and the project is conditioned to comply with the
National Pollutant Discharge Elimination System (NPDES) requirements.
Planned Development Permit
10. The proposed project is consistent with the general plan, and complies with all applicable
provisions of this chapter, and all other applicable provisions of the Carlsbad Municipal Code, in
that the density of 19.3 dwelling units per acre (du/ac) for the 11-unit residential air-space
condominium project is consistent with the R-23 Residential Land Use designation (15-23
du/acre). As discussed in the project staff report, the project is consistent with all minimum
development and design standards applicable to the property as contained in Chapters 21.16
(Multiple-Family Residential (R-3)) Zone and 21.45 (Planned Developments) of the Carlsbad
Municipal Code.
11. The proposed project will not be detrimental to existing uses, or to uses specifically permitted in
the area in which the proposed use is to be located, and will not adversely impact the site,
surroundings, or traffic, in that the 11-unit residential air-space condominium project does not
propose or require any variances from standards, is compatible with existing surrounding uses
as permitted by the Multiple-Family Residential (R-3) Zone, and does not create any traffic
circulation impacts as Walnut Avenue is adequately designed to accommodate the 88 Average
Daily Trips (ADT) being generated.
12. The project will not adversely affect the public health, safety, or general welfare, in that the 11-
unit residential air-space condominium project has been designed to comply with all applicable
development standards to ensure compatibility with surrounding residential uses.
13. The project’s design, including architecture, streets, and site layout a) contributes to the
community’s overall aesthetic quality; b) includes the use of harmonious materials and colors,
and the appropriate use of landscaping; and c) achieves continuity among all elements of the
project, in that the 11-unit residential air-space condominium project is arranged with units
along a private drive aisle that is enhanced by decorative colored concrete. The five, three-
story buildings with attached two-car garages are architecturally harmonious with each other
and include a variety of exterior materials and colors. Primary building materials include light
gray and medium gray smooth stucco, horizontal metal panel siding, and white painted wood
fascia boards. Composite asphalt shingles cover a 3:12-pitched roof on each building. All
elements (i.e. site layout, architecture, landscaping) create continuity in the overall project
design.
Coastal Development Permit
14. That the proposed development is in conformance with the Mello II Segment of the Certified
Local Coastal Program (LCP) and all applicable policies, in that the site is designated R-23
Residential (15-23 du/ac) for multi-family residential development by the Mello II LCP. The
project consists of the demolition of two existing residential units and the construction of 11
air-space condominiums at a density of 19.3 du/acres on a 0.57-acre previously-developed site.
The proposed project is compatible with the surrounding development of multi-family
residential structures. The five, three-story structures will not obstruct views of the coastline
as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of
the coastal zone. No agricultural uses currently exist on the previously graded site, nor are
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there any sensitive resources located on-site. The proposed project is not located in an area of
known geologic instability or flood hazard. Since the site does not have frontage along the
coastline, no public opportunities for coastal shoreline access are available from the subject
site. Furthermore, the residentially-designated site is not suited for water-oriented recreation
activities.
15. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the property is not located adjacent to the shoreline. Therefore, the 11-unit
residential air-space condominium project will not interfere with the public’s right to physical
access to the ocean. Furthermore, the residentially-designated site is not suited for water-
oriented recreation activities.
16. That the project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(Chapter 21.203 of the Zoning Ordinance) in that the 11-unit residential air-space condominium
project will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm Water
Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to
avoid increased urban runoff, pollutants, and soil erosion. No steep slopes or native vegetation
is located on the subject property and the site is not located in an area prone to landslides, or
susceptible to accelerated erosion, floods, or liquefaction.
17. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X of the Land
Use Plan, certified September 1990 and Agricultural Conversion Mitigation Fees are not required
in accordance with the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the
Zoning Ordinance).
18. The project is not between the sea and the first public road parallel to the sea and therefore, is
not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204
of the Zoning Ordinance).
General
19. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the city’s General Plan based on the facts set forth in the staff report dated August
15, 2018, including, but not limited to the following:
A. Land Use – The 11-unit residential air-space condominium project is consistent with the
elements and objectives of the General Plan as discussed in Section “A” of the project staff
report. The 11-unit residential project density at 19.3 dwelling units per acre is within the
R-23 Residential density range of 15-23 du/ac. At the GMCP, 11 dwelling units would be
permitted on this 0.57-net-developable-acre property. Therefore, the residential
development complies with the R-23 General Plan Land Use designation for density.
B. Mobility – The proposed project has been designed to meet applicable circulation
requirements, which include a single driveway access point from Walnut Avenue. In
addition, the applicant will be required to pay traffic impact fees prior to issuance of a
building permit that will go towards future road improvements.
C. Public Safety – The proposed structural improvements are required to be designed in
conformance with all seismic design standards. In addition, the proposed project is
consistent with all the applicable fire safety requirements.
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D. Noise – The project consists of 11 residential condominiums located in five buildings. A
noise study by Birdseye Planning Group, dated December 2017 was provided. The exterior
required private recreation areas are at or below the maximum 60 dB(a) CNEL noise level
and therefore comply. The windows of each unit will need to be closed to meet a 45 dB(a)
CNEL interior noise level. Therefore, mechanical ventilation is required. In addition, the
project is conditioned to comply with the construction requirements of the aforementioned
noise study.
E. Housing – The city’s Housing Policy Team reviewed the proposed 11-unit project and
recommended the applicant purchase two inclusionary housing credits in the Tavarua
Affordable Housing Project to fulfill the project’s affordable housing requirement. The
project has been conditioned to require the approval of an Affordable Housing Agreement
prior to approval of the final map.
20. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 1 and all city public facility policies and ordinances. The project
includes elements or has been conditioned to construct or provide funding to ensure that all
facilities and improvements regarding sewer collection and treatment; water; drainage;
circulation; fire; schools; parks and other recreational facilities; libraries; government
administrative facilities; and open space, related to the project will be installed to serve new
development prior to or concurrent with need. Specifically,
A. The project has been conditioned to provide proof from the Carlsbad Unified School District
that the project has satisfied its obligation for school facilities.
B. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected
prior to issuance of building permit.
C. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior
to the issuance of building permit.
D. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
21. That the project is consistent with the city’s Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
22. 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 Section 15332, In-fill Development Project, of the state California
Environmental Quality Act (CEQA) Guidelines, of the state CEQA Guidelines.
23. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed to
mitigate impacts caused by or reasonably related to the project, and the extent and the degree
of the exaction is in rough proportionality to the impact caused by the project.
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Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a
grading or building permit, or recordation of the Final Map, whichever occurs first.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the city shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or further
condition all certificates of occupancy issued under the authority of approvals herein granted;
record a notice of violation on the property title; institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. No vested rights are gained
by Developer or a successor in interest by the city’s approval of this Tentative Tract Map, Planned
Development Permit and Coastal Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Tentative Tract Map, Planned Development Permit and Coastal
Development Permit documents, as necessary to make them internally consistent and in
conformity with the final action on the project. Development shall occur substantially as shown
on the approved Exhibits. Any proposed development, different from this approval, shall require
an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney’s fees incurred by the city arising, directly or indirectly,
from (a) the city’s approval and issuance of this Tentative Tract Map, Planned Development
Permit and Coastal Development Permit, (b) the 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,
conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final
decision-making body. The copy shall be submitted to the City Planner, reviewed and, if found
acceptable, signed by the city's project planner and project engineer. If no changes were required,
the approved exhibits shall fulfill this condition.
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7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
8. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
9. This approval shall become null and void if building permits are not issued for this project 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. A note to this effect shall be placed on the Final Map.
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
1, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If
the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall
become void.
12. Prior to approval of the Final Map, Developer shall submit to the city a Notice of Restriction
executed by the owner of the real property to be developed. Said notice is to be filed in the office
of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested
parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map,
Planned Development Permit and Coastal Development Permit by Resolution No. 7307 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 the recordation of the first final tract map or the issuance of building permits, whichever
occurs first, the Developer shall prepare and record a Notice that this property may be subject to
noise impacts from the proposed or existing Transportation Corridor, in a form meeting the
approval of the City Planner and the City Attorney (see Noise Form #1 on file in the Planning
Division).
14. Developer shall submit 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 as shown on the approved Final
Plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash,
and debris.
15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape
plancheck process on file in the Planning Division and accompanied by the project’s building,
improvement, and grading plans.
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16. Developer shall establish a homeowner's association and corresponding covenants, conditions
and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner prior
to final map approval. Prior to issuance of a building permit, the Developer shall provide the
Planning Division with a recorded copy of the official CC&Rs that have been approved by the
Department of Real Estate and the City Planner. At a minimum, the CC&Rs shall contain the
following provisions:
A. General Enforcement by the City: The city shall have the right, but not the obligation, to
enforce those Protective Covenants set forth in this Declaration in favor of, or in which the
city has an interest.
B. Notice and Amendment: A copy of any proposed amendment shall be provided to the city in
advance. If the proposed amendment affects the city, the city shall have the right to
disapprove. A copy of the final approved amendment shall be transmitted to city within 30
days for the official record.
C. Failure of Association to Maintain Common Area Lots and Easements: In the event that the
Association fails to maintain the “Common Area Lots and/or the Association’s Easements” as
provided in Article , Section the city shall have the right, but not the
duty, to perform the necessary maintenance. If the city elects to perform such maintenance,
the city shall give written notice to the Association, with a copy thereof to the Owners in the
Project, setting forth with particularity the maintenance which the city finds to be required
and requesting the same be carried out by the Association within a period of thirty (30) days
from the giving of such notice. In the event that the Association fails to carry out such
maintenance of the Common Area Lots and/or Association’s Easements within the period
specified by the city’s notice, the city shall be entitled to cause such work to be completed
and shall be entitled to reimbursement with respect thereto from the Owners as provided
herein.
D. Special Assessments Levied by the city: In the event the city has performed the necessary
maintenance to either Common Area Lots and/or Association’s Easements, the city shall
submit a written invoice to the Association for all costs incurred by the city to perform such
maintenance of the Common Area Lots and or Association’s Easements. The city shall provide
a copy of such invoice to each Owner in the Project, together with a statement that if the
Association fails to pay such invoice in full within the time specified, the city will pursue
collection against the Owners in the Project pursuant to the provisions of this Section. Said
invoice shall be due and payable by the Association within twenty (20) days of receipt by the
Association. If the Association shall fail to pay such invoice in full within the period specified,
payment shall be deemed delinquent and shall be subject to a late charge in an amount equal
to six percent (6%) of the amount of the invoice. Thereafter the city may pursue collection
from the Association by means of any remedies available at law or in equity. Without limiting
the generality of the foregoing, in addition to all other rights and remedies available to the
city, the city may levy a special assessment against the Owners of each Lot in the Project for
an equal pro rata share of the invoice, plus the late charge. Such special assessment shall
constitute a charge on the land and shall be a continuing lien upon each Lot against which the
special assessment is levied. Each Owner in the Project hereby vests the city with the right
and power to levy such special assessment, to impose a lien upon their respective Lot and to
bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and
his/her respective Lot for purposes of collecting such special assessment in accordance with
the procedures set forth in Article of this Declaration.
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E. Landscape Maintenance Responsibilities: The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit ____________.
F. Balconies, trellis, and decks: The individual lot or unit owner allowances and prohibitions
regarding balconies, trellis, and decks shall be as set forth in Exhibit __________.
17. Prior to issuance of building permits, the Developer shall submit to the City Planner a recorded
copy of the Condominium Plan filed with the Department of Real Estate which is in conformance
with the city-approved documents and exhibits.
18. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in substance
as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of
Community Development and Planning.
19. 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.
20. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the City
Planner, in the sales office or inside each unit, at all times. All sales maps that are distributed or
made available to the public shall include but not be limited to trails, future and existing schools,
parks, and streets.
21. Developer shall post a sign in the sales office, or inside each unit, in a prominent location that
discloses which special districts and school district provide service to the project. Said sign shall
remain posted until ALL of the units are sold.
22. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so
required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of
an Outdoor Storage Plan, and thereafter comply with the approved plan.
23. Developer shall submit and obtain City Planner approval of an exterior lighting plan including
parking areas. All lighting shall be designed to reflect downward and avoid any impacts on
adjacent homes or property.
24. Developer shall construct, install, and stripe not less than three (3) visitor parking spaces, as
shown on the project site plan.
25. Prior to issuance of building permits, verification shall be submitted confirming that the
buildings have been designed to comply with the recommendations of the noise study prepared
for the project (Birdseye Planning Group, dated December 2017).
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26. Prior to the approval of the final map for any phase of this project, or where a map is not being
processed, prior to the issuance of building permits for any lots or units, the Developer shall enter
into an Affordable Housing Agreement with the City to purchase two (2) inclusionary housing
credits within the Tavarua Affordable Housing Project if available at time of building permit
issuance or an alternative solution as authorized by the city. The draft Affordable Housing
Agreement shall be submitted to the City Planner no later than 60 days prior to the request to
final the map. The recorded Affordable Housing Agreement shall be binding on all future owners
and successors in interest.
Engineering:
General
27. 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.
28. 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.
29. Developer shall submit to the City Engineer an acceptable instrument, via CC&Rs and/or other
recorded document, addressing the maintenance, repair, and replacement of shared private
improvements within this subdivision, including but not limited to private driveway, utilities,
landscaping, lighting, enhanced paving, and water quality treatment measures and to distribute
the costs of such maintenance in an equitable manner among the owners of the properties within
this subdivision.
30. 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.
31. Developer shall prepare, submit and process for City Engineer approval a final map to subdivide
this project. There shall be one Final Map recorded for this project. Developer shall pay the city
standard map review plan check fees.
Fees/Agreements
32. 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.
33. Developer shall cause property owner to execute and submit to the City Engineer for recordation
the city’s standard form Drainage Hold Harmless Agreement.
34. 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.
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Grading
35.Based upon a review of the proposed grading and the grading quantities shown on the tentative
map, a grading permit for this project is required. Developer shall prepare and submit plans and
technical studies/reports as required by City Engineer, post security and pay all applicable grading
plan review and permit fees per the city’s latest fee schedule.
36.Prior to the issuance of the grading permit, the contractor shall submit a Construction Plan to the
city engineer for review and approval. Said Plan may be required to include, but not be limited to,
identifying the location of the construction trailer, material staging, bathroom facilities, parking
of construction vehicles, employee parking, construction fencing and gates, obtaining any
necessary permission for off-site encroachment, addressing pedestrian safety, and identifying
time restrictions for various construction activities.
Storm Water Quality
37.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.
38.Developer shall complete and submit to the City Engineer a Determination of Project’s SWPPP
Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer
shall also submit the appropriate Tier Level Storm Water Compliance form and appropriate Tier
level Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the City Engineer.
Developer shall pay all applicable SWPPP plan review and inspection fees per the city’s latest fee
schedule.
39.The project is subject to ‘Priority Development Project’ 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.
40.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
41.Developer shall design the private drainage systems, as shown on the tentative map to the
satisfaction of the City Engineer. All private drainage systems (12” diameter storm drain and
larger) shall be inspected by the city. Developer shall pay the standard improvement plan check
and inspection fees for private drainage systems.
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42. Developer shall design all proposed public improvements including but not limited to sewer
laterals, streetlights, pedestrian ramps, driveways, sidewalk, water services/meters, curb drains,
etc., as shown on the Tentative Map/Site Plan. These improvements shall be shown on one of
the following, subject to city engineer approval:
A. Grading plans processed in conjunction with this project; or
B. Construction Revision to an existing record public improvement drawing
Developer shall pay plan check and inspection fees using improvement valuations in accordance
with the city’s current fee schedule. Developer shall apply for and obtain a right-of-way permit
prior to performing work in the city right-of-way. Developer shall prepare a separate
construction bond estimate for the public improvements shown on the grading plans and a
separate subdivision improvement agreement shall be processed for these improvements.
43. 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 with an ADT greater than 500. 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.
44. Developer shall ensure utility transformers or raised water backflow preventers that serve this
development are located outside the right-of-way as shown on the Tentative Map and to the
satisfaction of the city engineer. These facilities shall be constructed within the property.
Non-Mapping Notes
45. Add the following notes to the final map as non-mapping data:
A. Developer has executed a city standard Subdivision Improvement Agreement and has posted
security in accordance with C.M.C. Section 20.16.070 to install public improvements shown
on the tentative map. These improvements include, but are not limited to: sidewalk,
driveway, curb and gutter, water service and meters, recycled water service and meter and
fire service.
B. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
C. Geotechnical Caution: The owner of this property on behalf of itself and all of its successors
in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action
that may arise through any geological failure, ground water seepage or land subsidence and
subsequent damage that may occur on, or adjacent to, this subdivision due to its construction,
operation or maintenance.
D. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to
encroach within the area identified as a sight distance corridor as defined by City of Carlsbad
Engineering Standards or line-of-sight per Caltrans standards.
E. The owner of this property on behalf of itself and all of its successors in interest has agreed
to hold harmless and indemnify the City of Carlsbad from any action that may arise through
any diversion of waters, the alteration of the normal flow of surface waters or drainage, or
the concentration of surface waters or drainage from the drainage system or other
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improvements identified in the city approved development plans; or by the design,
construction or maintenance of the drainage system or other improvements identified in the
city approved development plans.
F. There are no public park or recreational facilities to be located in whole or in part within this
subdivision. The subdivider is therefore obligated to pay park-in-lieu fees in accordance with
section 20.44.050 of the Carlsbad Municipal Code and has either paid all of said park in-lieu
fees or agreed to pay all of said park-in-lieu fees in accordance with section 20.16.070 of the
Carlsbad Municipal Code.
Utilities
46. Developer shall meet with the Fire Marshal to determine the fire protection measures (fire flows,
fire hydrant locations, building sprinklers) required to serve the project. Fire hydrants, if
proposed, shall be considered public improvements and shall be served by public water mains to
the satisfaction of the District Engineer.
47. 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 the grading
plans.
48. 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 the grading plans.
49. The potable water service for this project shall be master-metered which shall be located within
a water easement subject to approval by the district engineer. Developer shall install private
sub-meters as necessary for all proposed units in the building. Final meter design, backflow
preventer, size, and manufacturer shall be provided to the satisfaction of the district engineer
and shown on the grading plans.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
50. 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.
51. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
52. Developer shall pay a landscape plancheck and inspection fee as required by Section 20.08.050 of
the Carlsbad Municipal Code.
53. Developer shall pay park-in-lieu fees in accordance with Section 20.44 of the City of Carlsbad
Municipal Code to the satisfaction of the City Engineer.
54. 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.
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55. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and
floor area contained in the staff report and shown on the tentative map are for planning purposes
only.
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 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 August 15, 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
MARTELL MONTGOMERY, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
CCAARRLLSSBBAADDBBLLM
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CT 2018-0001 / PUD 2018-0001/
CDP 2018-0003 (DEV2017-0221)
Walnut Beach Homes
SITE MAP
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DBLC A R LSB A DVILLAGEDR
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EGEBLSITE
ATTACHMENT 2
ATTACHMENT 3
ATTACHMENT 4
PLANNED DEVELOPMENTS (CMC SECTION 21.45.060)
TABLE C: GENERAL DEVELOPMENT STANDARDS
APPLICABLE TO ALL PLANNED DEVELOPMENTS
REF.
NO. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT
C.1 Density
Per the underlying General Plan designation. When two or more general
plan land use designations exist within a planned development, the
density may be transferred from one general plan designation to another
with a general plan amendment.
N/A
C.2 Arterial
Setbacks
All dwelling units adjacent to any arterial road shown on the Circulation
Element of the General Plan shall maintain the following minimum
setbacks from the right-of-way:
Prime Arterial 50 Feet
Major Arterial 40 Feet
Secondary Arterial 30 Feet
Carlsbad Boulevard 20 Feet
N/A
Half (50%) of the required arterial setback area located closest to the
arterial shall be fully landscaped to enhance the street scene and buffer
homes from traffic on adjacent arterials, and:
•Shall contain a minimum of one 24” box tree for every 30 lineal
feet of street frontage; and
•Shall be commonly owned and maintained
N/A
Project perimeter walls greater than 42 inches in height shall not be
located in the required landscaped portion of the arterial setback, except
noise attenuation walls that:
•Are required by a noise study, and
•Due to topography, are necessary to be placed within the required
landscaped portion of the arterial setback.
N/A
C.3
Permitted
Intrusions
into
Setbacks/
Building
Separation
Permitted intrusions into required building setbacks shall be the same as
specified in Section 21.46.120 of this code. The same intrusions specified
in Section 21.46.120 shall be permitted into required building separation.
Some of the exterior architectural
materials and roof eaves encroach
into the required setbacks up to
two feet. These are allowed
projections listed in CMC Section
21.46.120.
C.4 Streets
Private
Minimum right-of-way width 56 feet
N/A
Minimum curb-to-curb width 34 feet
Minimum parkway width
(curb adjacent) 5.5 feet, including curb
Minimum sidewalk width 5 feet (setback 6 inches from
property line)
Public
Minimum right-of-way width 60 feet
N/A
Minimum curb-to-curb width 34 feet
Minimum parkway width
(curb adjacent) 7.5 feet, including curb
Minimum sidewalk width 5 feet (setback 6 inches from
property line)
Street
Trees
within
parkways
One-family dwellings and
twin homes on small-lots
A minimum of one street tree
(24-inch box) per lot is required
to be planted in the parkway
along all streets.
N/A
Condominium projects
Street trees shall be spaced no
further apart than 30 feet on
center within the parkway.
Street trees are shown on the
conceptual landscape plan and will
be approved with the final
landscape plan.
ATTACHMENT 4
PLANNED DEVELOPMENTS (CMC SECTION 21.45.060)
TABLE C: GENERAL DEVELOPMENT STANDARDS
APPLICABLE TO ALL PLANNED DEVELOPMENTS
Tree species should be selected to create a unified image for
the street, provide an effective canopy, avoid sidewalk damage
and minimize water consumption.
See above
C.5 Drive-aisles
3 or fewer
dwelling
units
Minimum 12 feet wide when the drive-aisle is not required for
emergency vehicle access, as determined by the Fire Chief. N/A If the drive-aisle is required for emergency vehicle access, it
shall be a minimum of 20 feet wide.
4 or more
dwelling
units
Minimum 20 feet wide. A 24’ wide drive aisle is provided.
All
projects
No parking shall be permitted within the minimum required
width of a drive-aisle.
Project does not propose any
parking within the drive aisle.
A minimum 24-foot vehicle back-up/maneuvering area shall be
provided in front of garages, carports or uncovered parking
spaces (this may include driveway area, drive-aisles, and
streets).
Each garage space and visitor
parking space includes a minimum
24’ vehicle back-up/maneuvering
area behind each space.
Additional width may be required for vehicle/emergency
vehicle maneuvering area.
Fire Prevention has reviewed and
approved of the proposed design.
Parkways and/or sidewalks may be required. N/A
No more than 24 dwelling units shall be located along a single-
entry drive-aisle. N/A
All drive-aisles shall be enhanced with decorative pavement.
Project drive-aisle has been
enhanced with decorative, colored
concrete.
C.6
Number of
Visitor
Parking
Spaces
Required (1)
Projects with 10 units or fewer A .30 space per each unit Project proposes 11 units. At 0.25
spaces per unit, an 11-unit project
would require 2.75 spaces or 3
spaces based on rounding up to the
nearest whole number. Project
provides three visitor parking
spaces on-site.
Projects 11 units or more A .25 space per each unit
When calculating the required number of visitor parking spaces, if the
calculation results in a fractional parking space, the required number of
visitor parking spaces shall always be rounded up to the nearest whole
number.
C.7
Location of
Visitor
Parking
On
Private/
Public
Streets
On-street visitor parking is permitted on private/public streets,
subject to the following:
• The private/public street is a minimum 34-feet wide (curb-
to-curb)
• There are no restrictions that would prohibit on-street
parking where the visitor parking is proposed
• The visitor parking spaces may be located:
o Along one or both sides of any private/public street(s)
located within the project boundary, and
o Along the abutting side and portion of any existing
public/private street(s) that is contiguous to the project
boundary
No on-street visitor parking is
allowed/proposed.
In parking bays along public/private streets within the project
boundary, provided the parking bays are outside the minimum
required street right-of-way width.
N/A
ATTACHMENT 4
PLANNED DEVELOPMENTS (CMC SECTION 21.45.060)
TABLE C: GENERAL DEVELOPMENT STANDARDS
APPLICABLE TO ALL PLANNED DEVELOPMENTS
When visitor parking is provided as on-street parallel parking,
not less than 24 lineal feet per space, exclusive of
driveway/drive-aisle entrances and aprons, shall be provided
for each parking space, except where parallel parking spaces
are located immediately adjacent to driveway/drive-aisle
aprons, then 20 lineal feet may be provided.
N/A
Within the Beach Area Overlay Zone, on-street parking shall not
count toward meeting the visitor parking requirement.
N/A
On Drive-
aisles
Visitor parking must be provided in parking bays that are
located outside the required minimum drive-aisle width.
Three visitor parking spaces are
located between units outside of
the drive-aisle.
On a
Driveway
Outside
the Beach
Area
Overlay
Zone
One required visitor parking space may be credited
for each driveway in a project that has a depth of
40 feet or more.
N/A
For projects with 10 or fewer units, all required
visitor parking may be located within driveways
(located in front of a unit’s garage), provided that
all dwelling units in the project have driveways with
a depth of 20 feet or more.
N/A
Within
the Beach
Area
Overlay
Zone
One required visitor parking space may be credited
for each driveway in a project that has a depth of
40 feet or more.
N/A
If the streets within and/or adjacent to the project
allow for on-street parking on both sides of the
street, then visitor parking may be located in a
driveway, subject to the following:
• All required visitor parking may be located
within driveways (located in front of a unit’s
garage), provided that all dwelling units in the
project have driveways with a depth of 20 feet
or more.
• If less than 100% of the driveways in a project
have a depth of 20 feet or more, then a .25
visitor parking space will be credited for each
driveway in a project that has a depth of 20 feet
or more (calculations resulting in a fractional
parking space credit shall always be rounded
down to the nearest whole number).
N/A
All
projects
The minimum driveway depth required for visitor
parking (20 feet or 40 feet) applies to driveways for
front or side-loaded garages, and is measured from
the property line, back of sidewalk, or from the
edge of the drive-aisle, whichever is closest to the
structure.
N/A
Compact
Parking
For projects of more than 25 units, up to 25% of visitor parking
may be provided as compact spaces (8 feet by 15 feet). No
overhang is permitted into any required setback area or over
sidewalks less than 6 feet wide.
N/A
ATTACHMENT 4
PLANNED DEVELOPMENTS (CMC SECTION 21.45.060)
TABLE C: GENERAL DEVELOPMENT STANDARDS
APPLICABLE TO ALL PLANNED DEVELOPMENTS
For all projects within the Beach Area Overlay Zone, up to 55%
of the visitor parking may be provided as compact spaces (8
feet by 15 feet).
N/A
Distance
from unit
Visitor parking spaces must be located no more than 300 feet
as measured in a logical walking path from the entrance of the
unit it could be considered to serve.
Distance from visitor parking
spaces to the furthest unit is less
than 300’.
C.8
Screening
of Parking
Areas
Open parking areas should be screened from adjacent residences and
public rights-of-way by either a view-obscuring wall, landscaped berm, or
landscaping, except parking located within a driveway.
The visitor parking spaces are
located between buildings outside
of the drive-aisle and are screened
from adjacent residences by a 6’
fence and screened from the public
right-of-way by the buildings.
C.9
Community
Recreational
Space (1)
Community recreational space shall be provided for all projects of 11 or
more dwelling units, as follows: The 11-unit project is within the R-
23 General Plan Land Use
designation and therefore requires
1,650 square feet of community
recreation space. 2,058 square
feet of passive community space
has been provided on-site.
Minimum community
recreational space
required
Project is NOT within
R-23 general plan
designation
200 square feet per unit
Project IS within R-23
general plan
designation
150 square feet per unit
Projects with 11 to
25 dwelling units
Community recreational space shall be provided as
either (or both) passive or active recreation
facilities.
1,464 square feet of passive,
landscaped community area has
been provided at the rear of the
site. Three additional pockets of
common area have been provided
between some of the buildings for
a total of 2,058 square feet.
Projects with 26 or
more dwelling units
Community recreational space shall be provided as
both passive and active recreational facilities with a
minimum of 75% of the area allocated for active
facilities.
N/A
Projects with 50 or
more dwelling units
Community recreational space shall be provided as
both passive and active recreational facilities for a
variety of age groups (a minimum of 75% of the
area allocated for active facilities).
N/A
For projects consisting of one-family dwellings or
twin homes on small-lots, at least 25% of the
community recreation space must be provided as
pocket parks.
• Pocket park lots must have a minimum width of
50 feet and be located at strategic locations
such as street intersections (especially “T-
intersections”) and where open space vistas
may be achieved.
N/A
All projects
(with 11 or more
dwelling units)
Community recreational space shall be located and
designed so as to be functional, usable, and easily
accessible from the units it is intended to serve.
The larger community space is
generally flat and landscaped, and
located at the rear of the property
which is easily accessible by all
units.
ATTACHMENT 4
PLANNED DEVELOPMENTS (CMC SECTION 21.45.060)
TABLE C: GENERAL DEVELOPMENT STANDARDS
APPLICABLE TO ALL PLANNED DEVELOPMENTS
Credit for indoor recreation facilities shall not
exceed 25% of the required community recreation
area.
N/A
Required community recreation areas shall not be
located in any required front yard and may not
include any streets, drive-aisles, driveways, parking
areas, storage areas, slopes of 5% or greater, or
walkways (except those walkways that are clearly
integral to the design of the recreation area).
N/A
Recreation Area
Parking
In addition to required resident and visitor parking,
recreation area parking shall be provided, as
follows: 1 space for each 15 residential units, or
fraction thereof, for units located more than 1,000
feet from a community recreation area.
N/A
The location of recreation area parking shall be
subject to the same location requirements as for
visitor parking, except that required recreation
area parking shall not be located within a
driveway(s).
N/A
Examples of recreation facilities include, but are not limited to, the following:
Active
Swimming pool area
Children’s playground equipment
Spa
Courts (tennis, racquetball, volleyball, basketball)
Recreation rooms or buildings
Horseshoe pits
Pitch and putt
Grassy play areas with a slope of less than 5% (minimum area of 5,000 square feet and a
minimum dimension of 50 feet)
Any other facility deemed by the City Planner to satisfy the intent of providing active
recreational facilities
Passive
Benches
Barbecues
Community gardens
Grassy play areas with a slope of less than 5%
C.10 Lighting Lighting adequate for pedestrian and vehicular safety shall be provided.
The project is conditioned to
complete a final landscape plan.
Appropriate lighting for the 11-unit
project will be evaluated with the
final landscape plan.
C.11 Reserved
C.12
Recreational
Vehicle (RV)
Storage (1)
Required for projects with 100 or more units, or a master or specific plan
with 100 or more planned development units. Exception: RV storage is
not required for projects located within the R-15 or R-23 land use
designations.
N/A 20 square feet per unit, not to include area required for driveways and
approaches.
Developments located within master plans or residential specific plans
may have this requirement met by the common RV storage area provided
by the master plan or residential specific plan.
ATTACHMENT 4
PLANNED DEVELOPMENTS (CMC SECTION 21.45.060)
TABLE C: GENERAL DEVELOPMENT STANDARDS
APPLICABLE TO ALL PLANNED DEVELOPMENTS
RV storage areas shall be designed to accommodate recreational vehicles
of various sizes (i.e. motorhomes, campers, boats, personal watercraft,
etc.).
N/A
The storage of recreational vehicles shall be prohibited in the front yard
setback and on any public or private streets or any other area visible to the
public. A provision containing this restriction shall be included in the
covenants, conditions and restrictions for the project. All RV storage areas
shall be screened from adjacent residences and public rights-of-way by a
view-obscuring wall and landscaping.
N/A
C.13 Storage
Space
480 cubic feet of separate storage space per unit.
Each unit provides a two-car garage
with minimum dimensions of
20’x20’.
If all storage for each unit is located in one area, the space may be reduced
to 392 cubic feet.
Required storage space shall be separately enclosed for each unit and be
conveniently accessible to the outdoors.
Required storage space may be designed as an enlargement of a covered
parking structure provided it does not extend into the area of the required
parking stall, and does not impede the ability to utilize the parking stall (for
vehicle parking).
A garage (12’x20’ one-car, 20’x20’ two-car, or larger) satisfies the required
storage space per unit.
This requirement is in addition to closets and other indoor storage areas.
(1) This standard does not apply to housing for senior citizens (see Chapter 21.84 of this code).
PLANNED DEVELOPMENTS (CMC SECTION 21.45.080)
TABLE E: CONDOMINIUM PROJECTS
REF.
NO. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT
E.1
Livable
Neighborho
od Policy
Must comply with City Council Policy 66, Principles for the Development of Livable
Neighborhoods.
SEE SEPARATE
COMPLIANCE CHART
E.2
Architectural
Requiremen
ts
One-family and
two-family
dwellings
Must comply with City Council Policy 44, Neighborhood
Architectural Design Guidelines
N/A. The project proposes
one-, two- and three-unit
buildings. Since the project
proposes more than three
units in a multi-family
zone, the entire project is
considered a multi-family
project for purposes of this
table.
Multiple-family
dwellings
There shall be at least three separate building planes on all building
elevations. The minimum offset in planes shall be 18 inches and
shall include, but not be limited to, building walls, windows, and
roofs.
The project provides at
least three separate
building planes on all
building elevations with
balconies, decks, varied
roofs and/or building
articulations located on all
elevations.
All building elevations shall incorporate a minimum of four
complimentary design elements, including but not limited to:
•A variety of roof planes;
•Windows and doors recessed a minimum of 2 inches;
•Decorative window or door frames;
•Exposed roof rafter tails;
•Dormers;
•Columns;
•Arched elements;
•Varied window shapes;
•Exterior wood elements;
•Accent materials such as brick, stone, shingles, wood, or siding;
•Knee braces; and
•Towers.
The project provides at
least four complimentary
design elements on all
building elevations
including decorative fascia,
horizontal metal siding,
varied window shapes, and
a variety of roof planes.
E.3 Maximum
Coverage 60% of total project net developable acreage.
Proposed building
coverage is 46.3% of the
net lot area (0.57 acres).
E.4
Maximum
Building
Height
Same as required by the underlying zone, and not to exceed three stories (1)(7)
The project is located
within the R-3 and BAOZ
Zones, and therefore
subject to a 30’ height
limit. The project is
proposed at 30’ above
finished grade.
Projects
within the R-
23 general
plan
designation
(1)(7)
40 feet, if roof pitch is 3:12 or greater N/A. The project is in the
R-23 General Plan Land
Use designation, but is
subject to the BAOZ for
building height purposes.
35 feet, if roof pitch is less than 3:12
Building height shall not exceed three stories
E.5
Minimum
Building
Setbacks
From a
private or
public
street(2)(3)
Residential
structure 10 feet Walnut Avenue is a public
street. The residential
structures are set back at
least 10’ as measured from
the outside edge of the
street right-of-way width.
Direct entry
garage 20 feet
PLANNED DEVELOPMENTS (CMC SECTION 21.45.080)
TABLE E: CONDOMINIUM PROJECTS
REF.
NO. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT
Some roof eaves and
architectural features
encroach two feet into the
front setback. No direct
entry garages are
proposed from the street.
From a
drive-aisle(4)
Residential
structure
(except as
specified
below)
5 feet, fully landscaped (walkways providing access
to dwelling entryways may be located within
required landscaped area)
N/A. Project is less than
25 units and located within
the R-23 General Plan
designation (see section
below for compliance).
Residential
structure –
directly above
a garage
0 feet when projecting over the front of a garage.
N/A. Project is less than
25 units and located within
the R-23 General Plan
designation (see section
below for compliance).
Garage
3 feet N/A. Project is less than
25 units and located within
the R-23 General Plan
designation (see section
below for compliance).
Garages facing directly onto a drive-aisle shall be
equipped with an automatic garage door opener.
Projects of 25
units or less
within the R-15
and R-23
general plan
designations
0 feet (residential structure and garage)
Residential structure and
garage is set back ≥ 0’ from
the drive-aisle.
Garages facing directly onto a drive-aisle shall be
equipped with an automatic garage door opener.
Each garage is equipped
with an automatic garage
door opener.
Balconies/decks
(unenclosed and
uncovered)
0 feet
The project’s balconies do
not cantilever over the 24’
drive aisle.
May cantilever over a drive-aisle, provided the
balcony/deck complies with all other applicable
requirements, such as:
• Setbacks from property lines
• Building separation
• Fire and Engineering Department requirements
From the perimeter property
lines of the project site (not
adjacent to a public/private
street)
The building setback from an interior side or rear
perimeter property line shall be the same as
required by the underlying zone for an interior side
or rear yard setback.
The underlying zone for
the project is R-3. The
required interior side yard
setback is 10’. The project
has interior side yard
setbacks of 10’. The
required rear yard setback
is 20’. The project has a
rear setback of 20’.
E.6
Minimum
Building
Separation
10 feet The homes are separated
by at least 10’.
E.7 Resident
Parking (6)
All dwelling
types
If a project is located within the R-23 general plan designation,
resident parking shall be provided as specified below, and may also
be provided as follows:
• 25% of the units in the project may include a tandem two-car
garage (minimum 12 feet x 40 feet).
• Calculations for this provision resulting in a fractional unit may
be rounded up to the next whole number.
Tandem parking is not
proposed.
PLANNED DEVELOPMENTS (CMC SECTION 21.45.080)
TABLE E: CONDOMINIUM PROJECTS
REF.
NO. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT
One-family
and two-
family
dwellings
2 spaces per unit, provided as either:
• a two-car garage (minimum 20 feet x 20 feet), or
• 2 separate one-car garages (minimum 12 feet x 20 feet each)
• In the R-W Zone, the 2 required parking spaces may be provided
as 1 covered space and 1 uncovered space (5)
N/A
Multiple-
family
dwellings
Studio and one-
bedroom units
1.5 spaces per unit, 1 of which must be covered (5)
N/A
When calculating the required number of parking
spaces, if the calculation results in a fractional
parking space, the required number of parking
spaces shall always be rounded up to the nearest
whole number.
Units with two
or more
bedrooms
2 spaces per unit, provided as either:
• a one-car garage (12 feet x 20 feet) and 1
covered or uncovered space; or (5)
• a two-car garage (minimum 20 feet x 20 feet),
or
• 2 separate one-car garages (minimum 12 feet x
20 feet each)
• In the R-W Zone and the Beach Area Overlay
Zone, the 2 required parking spaces may be
provided as 1 covered space and 1 uncovered
space (5)
A two-car garage with a
minimum 20’x20’ interior
dimension is provided for
each dwelling.
Required parking may be provided within an enclosed parking
garage with multiple, open parking spaces, subject to the following:
• Each parking space shall maintain a standard stall size of 8.5 feet
by 20 feet, exclusive of supporting columns; and
• A backup distance of 24 feet shall be maintained in addition to a
minimum 5 feet turning bump-out located at the end of any stall
series.
N/A
Required resident parking spaces shall be located no more than
150 feet as measured in a logical walking path from the entrance of
the units it could be considered to serve.
Each unit provides a two-
car garage with direct
access into the unit.
E.8
Private
Recreational
Space
One-family,
two-family,
and
multiple-
family
dwellings
Required private recreational space shall be designed so as to be
functional, usable, and easily accessible from the dwelling it is
intended to serve.
Each home provides a
private recreation area in
the form of ground level
area, second level
balconies and third level
decks which meet or
exceed the 60-square-foot
requirement. The
balconies are easily
accessible from the
interior living area. The
required areas do not
encroach within the
required front yard
setback, nor include any
driveways, parking areas,
storage areas, or common
walkways.
Required private recreational space shall be located adjacent to the
unit the area is intended to serve.
Required private recreational space shall not be located within any
required front yard setback area, and may not include any
driveways, parking areas, storage areas, or common walkways.
One-family
and two-
family
dwellings
Minimum
total area per
unit
Projects not within the R-
15 or R-23 general plan
designations
400 square feet
N/A Projects within the R-15 or
R-23 general plan
designations
200 square feet
PLANNED DEVELOPMENTS (CMC SECTION 21.45.080)
TABLE E: CONDOMINIUM PROJECTS
REF.
NO. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT
May consist of more than one recreational space. N/A
May be provided at ground level and/or as a deck/balcony on a
second/third floor or roof. N/A
If provided at
ground level
Minimum
dimension
Not within
the R-15 or R-
23 general
plan
designations
15 feet
N/A
Within the R-
15 or R-23
general plan
designations
10 feet
Shall not have a slope gradient greater than 5%. N/A
Attached solid patio covers and decks/balconies
may project into a required private recreational
space, subject to the following:
• The depth of the projection shall not exceed 6
feet (measured from the wall of the dwelling
that is contiguous to the patio/deck/balcony).
The length of the projection shall not be limited,
except as required by any setback or lot coverage
standards.
N/A
Open or lattice-top patio covers may be located
within the required private recreation space
(provided the patio cover complies with all
applicable standards, including the required
setbacks).
N/A
If provided
above ground
level as a
deck/ balcony
or roof deck
Minimum dimension 6 feet
N/A
Minimum area 60 square feet
Multiple-family
dwellings
Minimum total area per unit (patio,
porch, or balcony) 60 square feet
The project provides at
least a 6’ dimension and a
minimum 60 square feet in
area for required
recreational space located
at ground level in addition
to private balconies and
decks.
Minimum dimension of patio, porch or
balcony 6 feet See above.
Projects of 11 or more units that are within the R-23 general plan
designation may opt to provide an additional 75 square feet of
community recreation space per unit (subject to the standards
specified in Table C of this Chapter), in lieu of providing the per unit
private recreational space specified above.
The project does not
propose additional
community space in-lieu of
private recreational space.
(1) If a project is located within the Beach Area Overlay Zone, building height shall be subject to the requirements of Chapter
21.82 of this code.
(2) See Table C in Section 21.45.060 for required setbacks from an arterial street.
(3) Building setbacks shall be measured from the outside edge of the required street right-of-way width, whichever is closest to
the building.
(4) Building setbacks shall be measured from one of the following (whichever is closest to the building): a) the outside edge of
the required drive-aisle width; b) the back of sidewalk; or c) the nearest side of a parking bay located contiguous to a drive-
aisle (excluding parking located in a driveway in front of a unit’s garage).
(5) Any uncovered required parking space in the R-W zone may be located within a required front yard setback and may be
tandem.
(6) This standard does not apply to housing for senior citizens (see Chapter 21.84 of this code).
(7) Protrusions above the height limit shall be allowed pursuant to Section 21.46.020 of this code. Such protrusions include
protective barriers for balconies and roof decks.
ATTACHMENT 5
CITY COUNCIL POLICY 66 – LIVABLE NEIGHBORHOODS
Principle Compliance Comments
1. Building Facades, Front Entries, Porches
Facades create interest and character and should be varied
and articulated to provide visual interest to pedestrians.
Clearly identifiable front doors and porches enhance the
street scene and create opportunities for greater social
interaction within the neighborhood. Building entries and
windows should face the street. Front porches, bay
windows, courtyards and balconies are encouraged.
The south/front elevation
architecture of Unit 1 and Unit 11
provide multiple material finishes,
varied window shapes, articulated
building planes and roof planes,
and balconies facing the street. In
addition, these front units along
Walnut Avenue have been designed
with a clearly identifiable covered
front porch and entry.
2. Garages
Homes should be designed to feature the residence as the
prominent part of the structure in relation to the street. A
variety of garage configurations should be used to improve
the street scene. This may include tandem garages, side-
loaded garages, front-loaded garages, alley-loaded garages
and recessed garages.
Each dwelling will include a two-car
garage and there are three
additional parking spaces for
visitors. All garages are accessed
from a private drive-aisle located in
the middle of the property and
oriented away from public view of
the street.
3. Street Design
An interconnected, modified (grid) street pattern should be
incorporated into project designs when there are no
topographic or environmental constraints. Interconnected
streets provide pedestrians and automobiles many
alternative routes to follow, disperse traffic and reduce the
volume of cars on any one street in the neighborhood. Streets
should be designed to provide both vehicular and pedestrian
connectivity by minimizing the use of cul-de-sacs.
The street network should also be designed to create a
safer, more comfortable pedestrian and bicycling
environment. Local residential streets should have travel
and parking lanes, be sufficiently narrow to slow traffic,
provide adequate access for emergency and service vehicles
and emergency evacuation routes for residents and include
parkways with trees to form a pleasing canopy over the
street. Local residential streets are the public open space in
which children often play and around which neighborhoods
interact. Within this context, vehicular movement should be
additionally influenced through the use of City-accepted
designs for traffic calming measures.
The project is developing on an
existing multi-family residentially
zoned lot adjacent to an existing
public street (Walnut Avenue)
presently developed as part of an
existing interconnected modified
street pattern south of the Carlsbad
Village area. The existing street
design in this area has curb, gutter
and sidewalks.
ATTACHMENT 5
CITY COUNCIL POLICY 66 – LIVABLE NEIGHBORHOODS
Principle Compliance Comments
4. Parkways
Street trees should be planted in the parkways along all
streets. Tree species should be selected to create a unified
image for the street, provide an effective canopy, avoid
sidewalk damage and minimize water consumption.
Street trees will be provided in the
parkway along Walnut Avenue.
5. Pedestrian Walkways
Pedestrian walkways should be located along or visible from
all streets. Walkways (sidewalks or trails) should provide
clear, comfortable and direct access to neighborhood
schools, parks/plazas and transit stops. Primary pedestrian
routes should be bordered by residential fronts, parks or
plazas. Where street connections are not feasible (at the
end of cul-de-sacs), pedestrian paths should also be
provided.
The project provides for pedestrian
circulation in the form of a sidewalk
along its frontage with Walnut
Avenue.
6. Centralized Community Recreation Areas
Park or plazas, which serve as neighborhood meeting places
and as recreational activity centers should be incorporated
into all planned unit developments. As frequently as
possible, these parks/plazas should be designed for both
active and passive uses for residents of all ages and should
be centrally located within the project. Parks and plazas
should not be sited on residual parcels, used as buffers from
surrounding developments or to separate buildings from
streets.
The project consists of 11 units,
which is the minimum number of
units for a project to require a
community recreation area. In
addition to private yards for each
unit, the project provides a passive,
landscaped, recreation area for the
project at the rear of the site away
from the street. Furthermore,
smaller common landscaped areas
are provided behind the guest
parking areas.
ATTACHMENT 6
ITEM 4
Submitted, at the meeting, by
the applicant.
August 15, 2018
-·
---
ITEM 4
Submitted, at the meeting, by
the applicant.
August 15, 2018
✓ I I
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-------
ITEM 4
Submitted, at the meeting, by
the applicant.
August 15, 2018
Community & Economic Development
Planning Division 1635 Faraday Avenue Carlsbad, CA 92008 760-602-4600 760-602-8560 fax
ERRATA SHEET FOR AGENDA ITEM #4
Memorandum
August 15, 2018
To: Planning Commission
From: Chris Garcia, Associate Planner
Via Don Neu, City Planner
Re: Errata Sheet for Agenda Item #4 – CT 2018-0001/PUD 2018-0001/CDP 2018-
0003 (DEV2017-0221) – WALNUT BEACH HOMES
Staff is recommending that the Planning Commission include the following revisions:
1. Revise Staff Report Section IV – Environmental Review, second to last sentence of paragraph
one, to read:
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, including “historical
resources”, since the existing structures are not included in a local register of historical
resources, have not been found to be historically significant, and do not meet the criteria
for listing on the California Register of Historical Resources.
2. Revise Planning Commission Resolution No. 7307, condition number 29 to read:
Developer shall submit to the city engineer an acceptable instrument, via CC&Rs and/or
other recorded document, addressing the maintenance, repair, and replacement of shared
private improvements within this subdivision, including but not limited to private driveway,
utilities, landscaping, lighting, enhanced paving, and water quality treatment measures and
to distribute the costs of such maintenance in an equitable manner among the owners of
the properties within this subdivision. The CC&R’s shall include a requirement to provide
an annual verification of the effective operation and maintenance of each structural
treatment control BMP in accordance with the BMP maintenance agreement and the
SWQMP. The annual verification shall be submitted to the enforcement official in a format
as approved by the city prior to the start of the rainy season.
Walnut Beach Homes
CT 2018-0001/PUD 2018-001/CDP 2018-0003
Location Map
Project Information
•Zoning – Mutiple-Family Residential (R-3).
•GPLU – R-23 Residential 15-23 du/ac.
•Proposed Density –19.3 du/ac.
•At the Growth Management Control Point (GMCP)
•Lot Size –25,020 square feet or 0.57 acres.
•Lot Coverage –46.3% (60%permitted).
•Building Height –30’ (30’permitted w/3:12 pitch).
Project Information
•Five,three-story buildings with 1 - 3 units each.
•3 bedrooms,3.5 bathrooms.
•1,901 –2,072 square feet in size.
•2nd and 3rd floor balconies (no roof decks).
•Two -car garage for each unit and three guest
parking spaces on-site.
•Private yards and common space at the rear.
Site Plan
Front/South Elevations
Side Elevation
Drive-Aisle Elevation
Rendering –East Buildings
Rendering –West Buildings
Project Consistency
•General Plan – R-23 Residential
•Zoning – Multiple-Family Residential (R-3);
Beach Area Overlay Zone (BAOZ)
•Coastal Development Regulations
•Subdivision Ordinance
•Inclusionary Housing Ordinance
•Growth Management;and
•California Environmental Quality Act (CEQA)
Recommendation
That the Planning Commission ADOPT Planning
Commission Resolution No.7307 APPROVING
Tentative Tract Map CT 2018-0001,Planned
Development Permit PUD 2018-0001,and Coastal
Development Permit CDP 2018-0003 based upon
the findings and subject to the conditions
contained therein.