HomeMy WebLinkAbout2020-11-03; City Council; ; Consideration of a mixed-use, density bonus development project consisting of 294 residential units and 10,000 square feet of specialty commercial uses on 20.65 acres at Meeting Date: Nov. 3, 2020
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Teri Delcamp, Principal Planner
teri.delcamp@carlsbadca.gov, 760-602-4611
Subject:
Project Name:
Project No.:
Consideration of a mixed-use, density bonus development project
consisting of 294 residential units and 10,000 square feet of specialty
commercial uses on 20.65 acres at 4901 El Camino Real
Marja Acres
CT 16-07/PUD 16-09/PUD 2018-0007/SDP 2018-0001/CDP 16-33/HDP
16-02/SUP 16-02/EIR 2017-0001
Recommended Action
That the City Council hold a public hearing and adopt the following:
1. A resolution to determine the street facility of southbound El Camino Real between
Tamarack Avenue and Cannon Road to be built out and exempt from the vehicular level
of service performance standard in accordance with the General Plan Mobility Element
Policy 3-P.9 and the Citywide Facilities and Improvements Plan Circulation Performance
Standard (Exhibit 1)
2. A resolution certifying an environmental impact report, adopting candidate findings of
fact and the mitigation monitoring and reporting program and approving a tentative
tract map, residential planned development permit, nonresidential planned
development permit, site development plan, coastal development permit, hillside
development permit and special use permit for a mixed-use project consisting of 248
townhomes, 46 lower-income senior apartments and 10,000 square feet of specialty
commercial uses on 20.65 acres at 4901 El Camino Real. (Exhibit 2).
Executive Summary
The applicant, NUWI Carlsbad, LLC, is requesting the city’s approval to demolish an existing
home its accessory structures and three commercial buildings located on the south side of El
Camino Real just east of Kelly Road and build a mixed-use project consisting of 248 townhomes,
46 affordable (low-income) senior apartments and 10,000 square feet for specialty commercial
uses.
Nov. 3, 2020 Item #6 Page 1 of 1999
The applicant is seeking a density bonus under state law, which would entitle the developer to
increase the density of a project by 35% in return for making at least 20% of the proposed
dwelling units affordable to low-income households.1 With this bonus, the maximum number of
residential units allowed on the site is 304 units, with 45 of those required to be restricted as
affordable. The developer is proposing to build 294 proposed units and to make 46 of them
affordable.
The project also includes a request for the City Council to exempt the circulation facility of El
Camino Real between Tamarack Avenue and Cannon Road from meeting the standards set
forth in the city’s Growth Management Plan. This circulation facility, a term that that refers to a
street and all the other elements of a roadway, was one of six that the City Council determined
on Oct. 20, 2020, to be deficient in meeting these standards. As staff noted in that
presentation, the issues on this stretch of roadway would be addressed as part of this
development project.
The project is being presented before the City Council because the Carlsbad Municipal Code
requires the council’s approval for development projects that would require grading into steep
slopes within the city’s coastal zone. (CMC Section 21.203.040(A)(3))
In addition, because the project includes a development permit that requires a decision from
the city council, the section on decision-making authority for multiple development permit
requires the council’s approval for all of the related development applications and the
certification of the environmental impact report. (CMC Section 21.54.040.C(3))
The council’s approval is also required to declare a facility exempt from meeting a performance
standard in the Growth Management Plan.
Discussion
Project description
The 20.65-acre site is comprised of two legal lots addressed as 4901 El Camino Real, generally
located on the south side of El Camino Real east of Kelly Drive and west of Lisa Street (Exhibit
3). The site consists of a northern, lower portion along El Camino Real that now has small-scale
businesses and an upper mesa that contains a house and associated structures and disturbed
land used in the past for agriculture. On the slope between the commercial site and the upper
mesa are three existing wireless communication facilities that are in the process of being
decommissioned and removed.
The property has residential and commercial land use and zoning designations. The 6.26-acre
commercial portion of the site has a General Plan land use designation of General Commercial
(GC) and zoning of General Commercial (C-2). The 14.39-acre residential portion of the site has
a General Plan land use designation of R-15 Residential and zoning of Residential Density-
Multiple (RD-M). The R-15 Residential land use designation allows a residential density range of
8-15 dwelling units per acre with a growth management control point of 12 dwelling units per
1 State density bonus law (Government Code Section 65915 - Density Bonuses and Other Incentives) allows a
developer to increase density on a property above the maximum limit set by a city’s local general plan. In
exchange, a developer must reserve a certain number of the new dwelling units as affordable or other qualifying
housing for at least 55 years.
Nov. 3, 2020 Item #6 Page 2 of 1999
acre.2 The General Commercial land use designation allows for mixed-use development of
residential and commercial uses, with the residential density to be computed based on 25% of
the net developable commercial acreage.
The applicant proposes the demolition of the existing structures and the construction of 294
residential units, with 46 of the units to be dedicated as apartment units for lower income
senior residents. These affordable units will range in size from 524 to 757 square feet while the
remaining market-rate townhome units will range from 1,703 to 2,349 square feet. The
townhomes are proposed in a series of “large” and “small” buildings with between four and
eight units within each building. The large buildings have flat roofs and most of the units have
roof decks, except along the south and east property perimeters. The small buildings have
pitched roofs. A solid masonry wall will be provided along the south and east boundaries
between the project and the adjacent existing residences.
The 46 affordable senior apartments and 13 of the townhomes are located within the
commercial portion of the site as a mixed-use development. A total of 10,000 square feet of
specialty retail and restaurant are also proposed for two buildings on the commercially-
designated portion of the site. A total of nine common recreation areas provide active and
passive spaces throughout the project, including one area required for the senior affordable
apartments and eight for the townhomes. There are also two urban garden areas adjacent to
the senior apartment building and the restaurant building.
The project provides all required parking for residential units and commercial uses, and exceeds
the requirement for visitor parking, which will be provided on both sides of the private loop
street that serves the project. There will also be a minimum of eight on-site bicycle parking
spaces and a bicycle repair station.
Two right-turn deceleration lanes on El Camino Real are required to be built on the approach to
both vehicular entries to the project. This work will include the reconstruction of sidewalks,
curbs and gutters, installation of pedestrian ramps and striping bicycle lane transitions. The
developer will also install a bus stop bench and trash receptacle at the existing bus stop on
southbound El Camino Real, just north of the project site.
Density bonus
The applicant is seeking a density bonus under state law that entitles the project to a 35%
density increase in return for providing a minimum of 20% of the proposed dwelling units as
affordable to low-income households. The density bonus, as noted above, sets the maximum
number of units allowed on the site at 304 units and the number of required affordable units at
45. The developer proposes to build 294 units, with 45 being restricted as affordable.
2 To ensure that residential development does not exceed those limits established in the general plan, the Carlsbad
Municipal Code established growth management control points for the city’s residential density ranges.(CMC
21.90.045 - Growth management residential control point established.)
Nov. 3, 2020 Item #6 Page 3 of 1999
Summary of density bonus request
Base maximum density:
• 224 dwelling units calculated as follows:
o 1.43 acres x 30 dwelling units per acre (du/ac) = 42.9, rounded up to 43 units
o Plus 12.04 acres x 15 du/ac = 180.6, rounded up to 181 units
o Equals 224 units
35% density bonus:
• 80 units permitted for providing 46 lower-income units calculated as follows:
o 43 units x 35% = 15.05, rounded up to 16 units
o Plus 181 units x 35% = 63.35, rounded up to 64 units
o Equals 80 units
Note: Sums rounded up in keeping with California Government Code Section 65915(q)
Units permitted:
• 304 units (224 + 80 = 304)
Units proposed:
• 294 units (15% or 44 units required to be inclusionary units)
Proposed density:
• Residential portion: 19.6 du/ac (235/12.04)
• Commercial mixed-use portion: 41.3 du/ac (59/1.43)
• Overall project: 21.8 du/ac (294/13.47)
Density bonus projects are also entitled to two incentives, or concessions, and additional
waivers or reductions of development standards. As part of the density bonus application, the
applicant is requesting two incentives/concessions, and six waivers/reductions, which are
authorized under state law, to deviate from certain city development standards. A description
of each requested deviation is described in the Planning Commission staff report (Exhibit 6).
The project is also required to comply with the city’s inclusionary housing requirement of either
20% of the total units being affordable to low-income households earning up to 80% of the area
median income, or 15% of the total units being affordable to households earning a lower
percentage of the area median income. The project is satisfying the requirement to provide
15% of the 294 total proposed units (44 units) affordable to low- and very-low-income
households by providing 46 senior apartments affordable to households earning 50% and 60%
of the area’s median income.
Grading of steep slopes in the coastal zone
CMC Section 21.203.040(A)(3) requires City Council approval of the specific findings for
deviations to restrictions on grading of steep slopes over 25% within the Coastal Resources
Protection Overlay Zone. The criteria to authorize grading into steep slopes include the
following:
1. A soils report demonstrates the slope area is stable and impacts are mitigatable for at
least seventy-five years or the life of the project.
2. The grading is essential to the project’s intent and design.
Nov. 3, 2020 Item #6 Page 4 of 1999
3. Slope grading will not result in substantial damage or alter major wildlife habitat or
native vegetation.
The project’s geotechnical reports (see Appendix E1-E3 of the final environmental impact
report in Exhibit 15) substantiate the first criteria.
The second criteria is met because grading of the steep slopes is necessary to meet the General
Plan’s requirement to develop a minimum of 12 dwelling units per acre and to achieve the
objectives and density of the proposed density bonus project. The proposed grading of steep
slopes affects only 4.8 acres and has been analyzed in the project’s geotechnical reports and
addendums, which include recommendations for development of the project including grading,
slopes, retaining walls and foundations.
Regarding the third criteria, the subject property does not include native vegetation and is not
within a significant wildlife corridor, so grading will not damage or alter major wildlife habitat or
native vegetation. Therefore, the proposed grading of steep slopes can be approved by the City
Council.
Growth Management Plan circulation facility exemption
The project’s local mobility analysis, a study of how the project would affect mobility in the
area, (Exhibit 8) indicates that existing traffic on the stretch of southbound El Camino Real from
Tamarack Avenue to Cannon Road in the morning peak hour does not achieve the vehicular
level of service D performance standard, as called for under the city’s General Plan. The city’s
most recent monitoring of circulation under the requirements of the Growth Management
Plan, from fiscal year 2018-19, also noted the same deficiency.
The fiscal year 2018-19 GMP circulation monitoring data, which identified the deficient street
facilities and offered recommendations for how to address them, was presented to the city’s
Traffic and Mobility Commission on Oct. 5, 2020, for a recommendation to the City Council. As
detailed in the staff report presented to the commission (Exhibit 9), city staff recommended
that six identified street facilities be declared as deficient and be exempted from the vehicular
level of service standards in accordance with General Plan Mobility Element Policy 3-P.9. One of
those deficient street facilities is the main street fronting the project, southbound El Camino
Real.
The commission voted 5-0-2 to recommend that the City Council determine all six street
facilities to be deficient and requested that staff conduct additional analyses and return to the
commission at a later date to report on potential measures to address the deficiencies.
On Oct. 20, 2020, the Traffic and Mobility Commission’s recommendation was presented to the
City Council and the City Council determined the six street facilities to be deficient. The staff
report on the item, attached as Exhibit 10, indicated that additional analysis had already been
prepared for the deficient facility on southbound El Camino Real between Tamarack Avenue
and Cannon Road. It noted that that analysis would be presented to the City Council in this
report so that the City Council could consider acting on staff’s facility exemption request in
conjunction with this proposed development project.
The project’s local mobility analysis report (Exhibit 8) studied whether additional measures
would improve the deficient street facility’s operational standard. The report includes analyses
of vehicle queuing lengths for left and right turns at intersections within the study area. All
Nov. 3, 2020 Item #6 Page 5 of 1999
vehicle queuing will be accommodated in the existing turning pocket lengths, except the
morning peak hour left turn from westbound Cannon Road onto southbound El Camino Real .
The completion of the College Boulevard extension between Cannon Road and El Camino Real
will alleviate the excessive queuing at that intersection and the project does not add any trips
to that intersection’s turn movement. No left-turn or right-turn volumes will exceed the
standard threshold for consideration of a second turn lane or extension of the turn lane lengths
at any of the intersections. In addition, the project is providing a southbound deceleration lane
before each project entry, which will help improve traffic flow and move entering vehicles out
of through lanes of traffic.
The report also includes an analysis of multi-modal levels of service for El Camino Real, that is
for all forms of transportation. El Camino Real is an arterial street so, under the city’s General
Plan, the facility’s level of transit service must also be evaluated. The existing bus stop near El
Camino Real and Tamarack Avenue has an existing deficient level of service because it has no
facilities, and the project will install a bus stop bench and trash receptacle to improve the
transit level of service to an acceptable level.
The city engaged a third-party traffic consultant, Kimley-Horn, to review all the project traffic
analyses. Kimley-Horn has provided a memorandum summarizing its review. This memorandum
further documents that there are no additional physical improvement measures the city could
implement to enhance the level of service on this street facility (Exhibit 11).
The local mobility analysis of the project also studied transportation demand management and
transportation system management measures. (Demand management means trying to reduce
the number of single-occupant vehicles on the road, while system management makes
improvements to the street facility to improve the signal timing coordination and transit service.)
The project’s transportation impact is measured by vehicle miles traveled and includes a
transportation demand management program to reduce impacts. The developer will be
required to enact the transportation demand management measures that are required of all
such projects, include designating a project transportation coordinator, promoting a citywide
transportation demand management event each year and distributing city Transportation
Demand Management Program pamphlets to new residents and employees.
Site-specific measures that will be implemented include mitigation measures contained in the
environmental impact report to provide funded programs for ridesharing programs and for
subsidized or discounted transit passes as well as marketing intended to reduce commuter
trips. The applicant is to pay for the two above programs for the first three years as follows:
$62,640 for the ride sharing program and $136,890 for the subsidized or discounted transit
program. The homeowners’ association is to then assess residents and fund the programs in
perpetuity. The developer will also install public bike racks and a bicycle repair station to
support alternative modes of transportation. The developer will also pay for the installation of
one intersection traffic signal controller to fulfill transportation system management
requirements. Conditions have been placed on the project requiring these measures to be
implemented. (see condition nos. 57 and 58 of Planning Commission Resolution No. 7382,
attached as Exhibit 5).
El Camino Real between Tamarack Avenue and Cannon Road was widened and improved as a
requirement of the Robertson Ranch project. This street has been widened to three through
Nov. 3, 2020 Item #6 Page 6 of 1999
travel lanes in each direction and acquiring additional right-of-way to widen the road more is
not feasible. This means the facility meets the criteria in General Plan Mobility Element Policy 3-
P.9 (discussed under General Plan Compliance in the Planning Commission staff report attached
as Exhibit 6) for the City Council to exempt southbound El Camino Real between Tamarack
Avenue and Cannon Road. Moreover, the project’s local mobility analysis of the project and the
evaluations of conditions and opportunities for roadway improvements detailed n its
environmental impact report, as well as the planned transportation demand and system
management strategies and mitigation measures, ensure the project has identified and will
implement all feasible measures to improve roadway functioning to the extent that is feasible.
Because of these factors, the applicant is requesting, and staff is recommending, that the City
Council adopt a resolution exempting southbound El Camino Real between Tamarack Avenue
and Cannon Road from the vehicular level of service standards.
Allocation of excess dwelling units
The applicant is requesting an allocation of 158 units from the Excess Dwelling Unit Bank.3 In
approving an allocation of units, the project is required to meet the findings identified in City
Council Policy No. 43. Specific findings are that the project location and density are compatible
with adjacent land uses, the project is consistent with the General Plan and other applicable
planning documents, all required public facilities will be constructed or guaranteed and the
Growth Management limits on growth in that city quadrant not be exceeded. As discussed in
the attached Planning Commission Resolution No. 7382, the proposed project meets all of
these findings. However, the approval of the allocation will remove excess units from both
outside and within the Village area.
The project site is located within the city’s Northwest Quadrant, which has 646 total units
available to be allocated from the Excess Dwelling Unit Bank as of Aug. 31, 2020. Within the
Northwest Quadrant, in 2013 staff began tracking dwelling units in the bank as either in the
Village area or outside the Village area because dwelling units are not specifically allocated to
individual properties in the Village area. The separate tracking was a tool for staff and was not
dictated by Growth Management nor an action or policy of the City Council. While the
Northwest Quadrant as a whole has 646 total units available to allocate from the bank, 118 of
those are tracked as being outside the Village area and 528 within the Village area. Because the
project is requesting an allocation of 158 units, approval of the request will allocate all 118
remaining units outside the Village area and 40 units within the Village area from the Excess
Dwelling Unit Bank.
The consequence of approving this allocation is that fewer units will be available to allocate
from the bank for residential projects within the Village area and no units will be available to
allocate outside the Village area unless other development projects in the Northwest Quadrant
deposit units into the bank. Ultimately, the Village area may not be able to develop at the full
density anticipated by the General Plan. To the extent that other projects in the overall
Northwest Quadrant deposit units into the Excess Dwelling Unit Bank, staff will allocate those
3 When individual projects create fewer dwelling units than are allowed under the Growth Management Program,
these units are held on account in the Excess Dwelling Unit Bank and can be later be withdrawn to be applied to
other projects (City Council Policy 43).
Nov. 3, 2020 Item #6 Page 7 of 1999
units to the Village area first in an effort to restore the units previously removed for projects
outside the Village area.
Planning Commission hearing
The Planning Commission considered the Marja Acres project at a public hearing on Sept. 16,
2020. Many public comments in support and in opposition to the project were received and are
attached to this staff report within the Planning Commission staff report (See Exhibit 6.
Additional comments received after the Planning Commission meeting are included as Exhibit
14). Several public comments were read into the record in support of the project because the
project will provide needed affordable housing for seniors and accessibly-priced housing for
young professionals. The issues raised in comments read into the record by those in opposition
to the project included concerns with the number of affordable units, fugitive dust and
potential contaminated soil, the requested density bonus, parking and traffic, and the changes
and methodologies used in the transportation analyses. Other comments read into the record
were neutral but expressed concerns about the timing for construction of the project’s
perimeter masonry wall, monitoring of vehicle miles traveled mitigation measures and
greenhouse gas emission reductions, and the project’s needed codes, covenants and
restrictions on short-term vacation rentals, additional dwelling units and converting garages to
carports to double as living areas.
• Affordable units
Concerns were raised that the current project has fewer affordable units than the
original project submitted in 2016. Staff responded that the original project had 183
market-rate dwelling units, plus 35 affordable senior apartments and 15 affordable
second dwelling units. The city did not accept the second dwelling units as meeting
affordable housing requirements for a project of this size, so the original project only
provided 35 affordable units. The current project provides 46 affordable units and 248
market-rate dwelling units.
• Fugitive dust and potential contaminated soil
Comments expressed dissatisfaction with the responses to comments in the
environmental impact report related to the project’s Phase I environmental site
assessment, (included as Appendix F of the final environmental impact report in Exhibit
15) soil sampling and testing methodologies. Other commenters were concerned about
fugitive dust from grading and the possibility for potential soil contaminants to worsen
impacts from the dust. The applicant responded that the senior scientist who conducted
the environmental site assessment followed all relevant guidelines in the assessment
and provided an annotated response to the comments (included as Exhibit 12). Staff
responded that all required measures to reduce fugitive dust must be followed and will
be included in the project’s grading plans and that coordination with the Department of
Toxic Substances Control was not required for this project with an approved Phase I
environmental site assessment.
• Density Bonus
Questions were raised regarding whether the project is required to provide 15% or 20%
affordable units per the city’s inclusionary housing program, with an assumption that
the project is providing fewer units through state density bonus law. Staff clarified that
Nov. 3, 2020 Item #6 Page 8 of 1999
the increased density provided for the project site with the 2015 General Plan update
came with a requirement to provide either 20% of the units affordable to households
earning up to 80% of the area median income, or 15% of the units affordable to
households earning up to 50% of the area median income. The project is providing 15%
of the units at levels equivalent to 50% of the area median income. The calculation is
attached as Exhibit 13.
• Parking
It was indicated in various comments that the project provides no visitor parking, and
that the two-car garages provided for the townhomes and one space for each of the
senior apartments is not adequate, raising the concern of overflow parking on Kelly
Drive. Other commenters desired assurances that the garages would be required to be
used for parking. Staff and the applicant responded that the project provides 101 visitor
parking spaces on both sides of the private street through the project, which is 70%
more than city codes require. Visitor parking is also provided for the senior apartments
where city codes require none. Staff indicated that the conditions of approval state that
all parking spaces within garages, on-street and in parking lots are to be used for parking
only.
• Traffic impacts and transportation analysis methodologies
Various concerns were raised about the operational impacts related to the right-
in/right-out ingress and egress to the project site, which will require left- and U-turns at
Lisa Street/West Ranch Street and Kelly Drive for trips to Kelly School and the state
route 78 freeway. In addition, commenters challenged the methodologies used in the
transportation analyses, questioned the change in the project’s basis for the
environmental analysis from level of service standards to vehicle miles traveled, and
alleged deceptive and inappropriate practices by staff to allow methodology changes to
the benefit of the applicant. Staff addressed some of the traffic issues in the staff
presentation, stating that the vehicle miles traveled environmental analysis, the level of
service project analysis and the correction to average daily trip calculations all comply
with the city’s current guidelines. In addition, the left turns and U-turns at the affected
intersections were fully analyzed and there is adequate storage capacity for the
project’s traffic. Staff also explained that projects were allowed to change to vehicle
miles traveled analyses under the California Environmental Quality Act before a state-
mandated effective date, and that the project’s analysis is consistent with the city’s
current guidelines. In response to the comments, staff explained that over the last four
years the project has been in process, the applicant has had to update, revise and redo
the transportation analyses a number of times in response to changing standards,
guidelines and methodologies being used by the city during that time.
• Timing of construction of masonry wall
Comments from residents requested that the solid masonry wall between the project
and the existing neighboring residences be built before the project begins or as early as
possible. The applicant responded that their intent is to build the wall as soon as
practicable, but the project design requires the creation of a berm between the project
and the existing homes, which will happen with the site grading. The applicant
Nov. 3, 2020 Item #6 Page 9 of 1999
committed to having the wall be in place before commencing vertical construction of
the townhomes.
• Mitigation monitoring
A concern was raised that the vehicle miles traveled and transportation demand
management mitigation measures for transit passes and ride-sharing subsidies must be
monitored to ensure they continue in the future and that they reduce greenhouse
gases. In addition, it was noted that the greenhouse gas reduction credit for the number
of trees to be planted was not supported by a mitigation measure requiring that number
of trees for the life of the project. Staff responded that the mitigation measures and
project conditions of approval require monitoring of the vehicle miles traveled and
transportation demand management measures under the city’s transportation impact
analysis guidelines, and a schedule for monitoring will be included in the project’s
transportation demand management plan. The project’s conditions require its
homeowners association to have a transportation demand management coordinator
that will be responsible for implementing the measures and reporting to the city.
With regard to greenhouse gas emissions reductions, the project technically needs to
comply with the city’s updated Climate Action Plan and its checklist and ordinances.
However, the applicant had to prepare a stand-alone greenhouse gas analysis during the
interim period earlier in 2020 when the city did not have a qualified climate action plan
under the California Environmental Quality Act , which resulted in the analysis that the
project’s trees provide a certain level of emissions reductions. Staff noted that the city’s
Climate Action Plan administrator is responsible for annually reporting on the city’s
progress in greenhouse gas emissions reductions, and that the plan directs that
emission inventories be compiled every three years to assess the city’s progress toward
meeting state emissions reduction targets. The inventories are the mechanism the city
uses to assess its success in reducing greenhouse gases and to make citywide or
emissions sector adjustments as necessary to make sure the city stays on target to meet
state emissions reduction goals.
• Project’s codes, covenants and restrictions
As noted previously, a condition placed on the project requires all proposed parking
areas to be used for parking only, which addresses concerns about converting garages
to livable space. The applicant responded that they have consistently indicated they
would not allow short-term vacation rentals in the townhomes through the project’s
codes, covenants and restrictions, but cautioned that the Coastal Commission may not
accept that restriction. (It should also be noted that the City Attorney has previously
indicated that the city cannot impose a condition prohibiting short-term vacation rentals
in the Coastal Zone because such a condition would be more restrictive than the
Carlsbad Municipal Code, which specifically allows such rentals only in the Coastal Zone.
Also, the city does not enforce private codes, covenants and restrictions.)
The members of the Planning Commission asked questions related to the public comments and
about the project’s connectivity to the surrounding area, grading and density bonus waivers,
site layout and walkability, building materials, potential for contaminated soil (addressed
above), transportation analyses (addressed above), emergency and fire access and affordable
housing design.
Nov. 3, 2020 Item #6 Page 10 of 1999
• Connectivity
Planning commissioners asked why the previously planned walkway to the Park Drive
neighborhood had been eliminated and whether there could be connections to the
surrounding neighborhoods. Staff responded that the walkway would have been
achieved by the demolition of an existing house on Park Drive and the neighborhood
expressed significant opposition to the connection due to concerns about overflow
parking on their streets by future townhome residents. Staff also responded that a
possible trail connection to Kelly Drive had been analyzed by Planning, Public Works and
Parks & Recreation staff, but the constraints of the SDG&E overhead powerline
easement, creek and riparian buffer and the need to procure a trail easement over a
handful of private properties were deemed unsurmountable. Staff also responded that
the project site is not a master-planned community but an infill site surrounded by
development, which affects the ability to plan for such connectivity.
• Grading and density bonus waivers
Planning Commissioners expressed concern about the amount of grading and the
related waivers to achieve the grading quantities. Staff responded that the grading
achieves the lowering of the site along the south to better protect the privacy of existing
neighbors. The waivers are necessary to physically construct the project at the proposed
density consistent with state density bonus law and Carlsbad Municipal Code Chapter
21.86. The applicant responded that the proposed grading and waivers are truly related
to the project’s goal of protecting existing neighbors’ privacy instead of building three
story townhomes on the site’s existing grade, which would have residents looking down
into the neighbors’ back yards.
• Site layout and walkability
The commissioners asked about the layout of the commercial area and walkability for
seniors and townhome residents to the commercial area. Staff and the applicant
responded that in addition to the sidewalks on the street, the project provides a central
accessible path of travel and a stairway for residents of the townhomes to access the
commercial area, which is about 18 feet below the highest point of the residential area.
Planning Commissioners asked if the commercial area could be redesigned to be more
compact and walkable, suggesting ideas of reducing the project’s access on El Camino
Real to one street instead of two, building subterranean parking for the apartment
building or creating a walkway from the restaurant to the retail building. The applicant
responded that subterranean parking would be cost-prohibitive, but that they would
like to be able to design a walkway through the center parking island between the
restaurant and retail buildings if feasible. Staff responded that a project of this nature
and size must have two accesses from El Camino Real to meet fire code requirements.
• Building Materials
A planning commissioner expressed concern that the affordable apartment building
features some exterior building materials that are not proposed elsewhere within the
project, and that the building should be more consistent with the other building designs.
The applicant responded that they are open to altering exterior finishes if the
Commission desires changes. The Planning Commission did not require any changes to
the exterior building materials.
Nov. 3, 2020 Item #6 Page 11 of 1999
• Emergency/Fire Access
A Planning Commissioner asked if the project meets requirements for emergency access
and evacuation. Staff responded that the fire marshal reviewed the project and
determined that the two street accesses, removal of the pathway to Park Drive,
proposed street widths, and access to the townhomes with the drive aisles all meet Fire
code and access requirements to provide emergency services. The project was also
analyzed and complies with the city’s Emergency Operations Plan for evacuations (see
response to comment IND-46.2 in Chapter 0.2, and analysis in Chapter 5.8, of the final
environmental impact report, attached as Exhibit 15).
• Affordable housing design
Planning Commissioners expressed concern about the size of the affordable apartments,
lack of floorplan variation, the building layout and a lack of washers and dryers even if
the number meets code requirements. The applicant responded that the unit designs
and building layout were developed in conjunction with their affordable senior housing
partner based on their experience operating more than 30 facilities in the country. The
building layout provides a better sense of security and safety desired by seniors, and is
oriented to provide more views toward the creek area to the west. In response to a
direct question, the applicant is not sure if a washer and dryer in each apartment is
feasible or desirable but will consider it.
The Planning Commission deliberated and then recommended by a 7-0 vote that the City
Council approve the project. (Exhibits 4-7).
Fiscal Analysis
If approved, all required improvements needed to serve this project will be funded and/or
constructed by the developer.
Next Steps
The project site is located within the area in which the California Coastal Commission has the
jurisdiction to hear appeals of such projects. If the council approves the proposed project and
there is no appeal to the Coastal Commission, staff will ensure all the project’s conditions are
satisfied and that its development permits comply with all applicable regulations and laws.
Environmental Evaluation (CEQA)
An environmental impact report, or EIR, was prepared for the Marja Acres project in
accordance with the California Environmental Quality Act, the act’s guidelines, and the
environmental protection procedures (Title 19) of the Carlsbad Municipal Code. The EIR
addresses the environmental impacts associated with all discretionary applications for the
proposed project, including development of the project. A public scoping meeting was held in
April 2018 during the notice of preparation comment period to elicit comments about what
environmental impact categories should be considered and analyzed in the EIR. Following the
end of the notice period, a draft EIR was prepared and released on April 15, 2019, for the
required 45-day public review and comment period. Comments were received and were taken
into consideration with respect to the adequacy of the EIR, and responses to the comments
were also prepared.
Nov. 3, 2020 Item #6 Page 12 of 1999
Late in 2019 and early in 2020, changes in circumstances required revisions to two technical
studies and chapters of the EIR. The project’s traffic analysis was revised to comply with the
new standard in CEQA for assessing transportation impacts for vehicle miles traveled.
Additionally, because the city experienced a period of not having a climate action plan that was
qualified under CEQA, the greenhouse gas analysis also had to be revised. However, it should
be noted that the city once again has a qualified climate action plan under CEQA. As a result of
the updated technical studies, CEQA Guidelines Section 15088.5 required recirculation of the
revised portions of the draft EIR and the updated technical studies for public review and
comment. The recirculated draft EIR was released on June 5, 2020, for the required 45-day
public review period. Comments were received and considered, and responses were prepared
to those comments. All of the comments from the scoping period, as well as the comments on
both draft EIR documents and the responses to the draft EIR comments, are included in the
final EIR that is presented along with the mitigation monitoring and reporting program for the
City Council to certify with approval of the project. The final EIR concludes that all of the
project’s potential environmental impacts will be mitigated to a less than significant level. A
notice of determination will be filed by the city planner upon project approval.
With regard to the request that the City Council exempt southbound El Camino Real between
Tamarack Avenue and Cannon Road, the city has determined that exempting the street facility
from the vehicular level of service performance standard in keeping with Mobility Element
Policy 3-P.9 would not result in any significant environmental impacts because this would
maintain existing conditions and would therefore not result in an environmental impact (CEQA
Guidelines Section 15126.2), and vehicular level of service is no longer considered an
environmental impact under CEQA (Pub. Res. Code § 21099(b)(2)). Therefore, the city finds that
exemption of the street facility from vehicular LOS standards is exempt from CEQA pursuant to
Pub. Res. Code § 21080(b)(5), and CEQA Guidelines §§ 15305, 15061(b)(3)).
Public Notification and Outreach
Because the project was submitted in 2016 and already on file at the time City Council Policy
No. 84 – Development Project Public Involvement Policy, went into effect, the project was not
subject to the policy. However, early public notices were mailed to property owners within 600
feet and to occupants within 100 feet of the project site on Nov. 17, 2016. The applicant posted
the Notice of Project Application sign at conspicuous locations on the site, and replaced the
signs when the project description had changed.
The applicant’s team met with surrounding residents, property owners, and interested parties
from approximately November 2017 through August. 2020. Seven neighbor workshops were
held in 2017 and early 2018 on the project design and updates to the project. A total of 18
community workshops and meetings were held between April 2018 and Dec. 2018, with 14
more community meetings during 2019. The applicant also held five neighbor meetings in Sept.
and Nov. 2019. During the current year, a total of 11 neighbor meetings and five community
meetings have been held between Jan. and Aug. 2020.
The early public notice, Notice of Project Application sign, and the informational meetings
described above provided numerous opportunities for the public to be aware of and provide
input to the applicant regarding the project. Public correspondence is included in the attached
Planning Commission staff report (Exhibit 6). Public correspondence regarding the project that
Nov. 3, 2020 Item #6 Page 13 of 1999
was received after the Planning Commission meeting is included in Exhibit 14. Some of the
comments raised what could be construed as potentially new environmental information, so
staff responded to those particular comments. Staff’s responses to public comments are also
included in Exhibit 14. Information regarding public notification of this item such as mailings
and public hearing notices posted in the newspaper and on the city website are available in the
Office of the City Clerk.
Exhibits
1.City Council resolution (Growth Management Plan street facility exemption)
2.City Council resolution (Project)
3.Location map
4.Planning Commission Resolution No. 7381 (EIR) (on file in the Office of the City Clerk)
5.Planning Commission Resolution No. 7382 (CT et al) (on file in the Office of the City Clerk)
6.Planning Commission staff report dated Sept. 16, 2020 (Part 1, Part 2, and Part 3 on file in
the Office of the City Clerk)
7.Planning Commission Minutes dated Sept. 16, 2020 (on file in the Office of the City Clerk)
8.Marja Acres Local Mobility Analysis and Appendix
9.Traffic & Mobility Commission staff report dated Oct. 5, 2020 (on file in the Office of the
City Clerk)
10.City Council Fiscal Year 2018-19 GMP staff report dated Oct. 20, 2020 (on file in the Office of
the City Clerk)
11.Kimley-Horn third party review memorandum dated Oct. 26, 2020
12.Applicant’s Consultant response to Phase I Environmental Site Assessment comments
13.Inclusionary Housing compliance calculations
14.Correspondence received as of 10 a.m. Oct. 30, 2020 (on file in the Office of the City Clerk)
15.Final environmental impact report for Marja Acres dated August 2020 (distributed
previously to council members; available at
carlsbadca.gov/services/depts/planning/agendas.asp, scroll down to Marja Acres -
Environmental Documents)
Nov. 3, 2020 Item #6 Page 14 of 1999
Nov. 3, 2020 Item #6 Page 15 of 1999
RESOLUTION NO. 2020-214
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DETERMINING THE STREET FACILITY ON SOUTHBOUND EL
CAMINO REAL BETWEEN TAMARACK AVENUE AND CANNON ROAD TO BE
BUILT OUT AND EXEMPT FROM THE VEHICULAR LEVEL OF SERVICE
PERFORMANCE STANDARD, IN ACCORDANCE WITH THE GENERAL PLAN
MOBILITY ELEMENT POLICY 3-P.9 AND THE CITYWIDE FACILITIES AND
IMPROVEMENTS PLAN CIRCULATION PERFORMANCE STANDARD
WHEREAS, on July 1, 1986 the City Council passed and adopted Ordinance No. 9808 amending
Title 21 of the Carlsbad Municipal Code (CMC) by the addition of Chapter 21.90 establishing a Growth
Management Plan (GMP) for the city; and
WHEREAS, on Nov. 4, 1986, Carlsbad voters passed Proposition E, initiative Ordinance No. 9824,
establishing residential dwelling unit limits in the city's four quadrants and requiring that public
facilities be made available concurrent with need in accordance with the city's growth management
program; and
WHEREAS, the GMP makes the approval of new development contingent upon adequacy of
public facilities, based on performance standards for eleven identified public facilities; and
WHEREAS, the Citywide Facilities and Improvements Plan (CFIP) includes the circulation
performance standard that requires facilities to maintain Level of Service (LOS) D or better, excluding
LOS exempt intersections and streets approved by the City Council; and
WHEREAS, the GMP requires annual monitoring to measure adequate performance of various
public facilities, including circulation; and
WHEREAS, the General Plan Mobility Element, adopted in September 2015, requires that the
city's LOS analyses for growth management purposes use Highway Capacity Manual (HCM)
methodology; and
WHEREAS, staff employed HCM methodology for its LOS analyses in the fiscal year (FY) 2018-
2019 annual monitoring report, in lieu of the city's prior use of the Intersection Capacity Utilization
Carlsbad {ICU-C) methodology; and
WHEREAS, CMC Section 21.90.080 states, "If at any time after the preparation of a local facilities
management plan the performance standards established by a plan are not met then no development
permits or building permits shall be issued within the local zone until the performance standard is met
Nov. 3, 2020 Item #6 Page 16 of 1999
or arrangements satisfactory to the City Council guaranteeing the facilities and improvements have
been made."; and
WHEREAS, the General Plan Mobility Element, Policy 3-P.9, allows City Council to exempt the
vehicle mode of travel from the LOS D standard for a street intersection or facility that has been
identified as built-out because one or more enumerated criteria has been met; and
WHEREAS, General Plan Mobility Element Policy 3-P.11 requires new development that adds
vehicle traffic to street facilities that are exempt from the vehicle LOS D standard to implement
Transportation Demand Management (TDM) and Transportation System Management (TSM)
strategies to improve the efficiency of the existing transportation system, reduce reliance on single-
occupant automobiles and provide attractive alternatives to driving an automobile according to the
city's livable streets vision; and
WHEREAS, the FY 2018-2019 annual monitoring report identified the following street facility
not meeting the LOS D performance standard: El Camino Real southbound from Tamarack Avenue to
Cannon Road; and
WHEREAS, on Oct. 20, 2020, the City Council considered and unanimously approved city staff's
recommendation to determine the LOS D performance standard deficiency in the FY 2018-2019 annual
monitoring report for the above-described street facility; and
WHEREAS, city staff recommends addressing the LOS deficiency for the above-described street
facility through an exemption to the LOS D standard pursuant to Mobility Element Policy 3-P.9, because
roadway improvements would require more than three through lanes in each direction of travel, which
is inconsistent with the General Plan Mobility Element, acquiring additional right of way is not feasible
and analyses have been conducted to show that all feasible measures will be provided by the project
to improve the facility's operation; and
WHEREAS, for the above-described street facility, staff recommends that the City Council
determine the deficient street facility to be built-out and exempt from the LOS D standard and apply
TDM and TSM strategies to new development that adds vehicle traffic to the exempt street facilities;
and
WHEREAS, the city has determined that exempting the street facility from the vehicular LOS
performance standard pursuant to Mobility Element Policy 3-P.9 would not result in any significant
environmental impacts because (1) this would maintain existing conditions and would therefore not
Nov. 3, 2020 Item #6 Page 17 of 1999
result in an environmental impact (CEQA Guidelines Section 15126.2}, and (2} vehicular LOS is no
longer considered an environmental impact under CEQA (Pub. Res. Code§ 21099{b}(2}}. Therefore,
the city finds that exemption of the street facility from vehicular LOS standards is exempt from CEQA
pursuant to Pub. Res. Code§ 21080(b}(5}, and CEQA Guidelines§§ 15305, 15061{b}(3}).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the City Council determines El Camino Real southbound from Tamarack Avenue to
Cannon Road is built-out and exempt from the LOS performance standard for the vehicle
mode of travel under General Plan Mobility Element Policy 3-P.9{d), as roadway
improvements to address the deficiency would require more than three through travel
lanes in each direction and acquiring additional right of way is not feasible, such that
future development which adds vehicle traffic to this exempt street facility shall
implement TDM and TSM strategies in accordance with General Plan Mobility Element
Policy 3-P.ll.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 3rd day of November, 2020, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Schumacher.
None.
None.
MATT HALL, Mayor
~~J:;af\Apl\?Jf)fV
BARBARA ENGLESON, City Clerk
(SEAL}
Nov. 3, 2020 Item #6 Page 18 of 1999
RESOLUTION NO. 2020-215
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, CERTIFYING AN ENVIRONMENTAL IMPACT REPORT,
ADOPTING THE CANDIDATE FINDINGS OF FACT AND THE MITIGATION
MONITORING AND REPORTING PROGRAM, AND APPROVING A TENTATIVE
TRACT MAP, RESIDENTIAL PLANNED DEVELOPMENT PERMIT,
NONRESIDENTIAL PLANNED DEVELOPMENT PERMIT, SITE DEVELOPMENT
PLAN, COASTAL DEVELOPMENT PERMIT, HILLSIDE DEVELOPMENT PERMIT,
AND SPECIAL USE PERMIT FOR A MIXED-USE PROJECT CONSISTING OF 248
TOWN HOMES, 46 AFFORDABLE SENIOR APARTMENTS, AND 10,000 SQUARE
FEET OF SPECIALTY COMMERCIAL USES ON 20.65 ACRES AT 4901 EL
CAMINO REAL, LOCATED WITHIN THE MELLO II SEGMENT OF THE LOCAL
COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1
CASE NAME: MARJA ACRES
CASE NO.: CT 16-07 /PUD 16-09/PUD 2018-0007 /SDP 2018-0001/
CDP 16-33/HDP 16-02/SUP 16-02/EIR 2017-0001
WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant
to the California Environmental Quality Act ("CEQA"), Public Resources Code Section 21000, et seq.,
and its implementing regulations, 14 California Code of Regulations Section 15000, et seq. ("CEQA
Guidelines"), the City of Carlsbad ("City") as lead agency prepared a Draft Environmental Impact Report
("Draft EIR") for the Project and circulated the Draft EIR and Recirculated Draft EIR for public review
and comment as required by law; and
WHEREAS, the City received and responded to public comments on the Draft EIR and
Recirculated Draft EIR, and determined that the comments did not raise any significant environmental
issues not already addressed in the Draft EIR and Recirculated Draft EIR; and
WHEREAS, the City has prepared a Final Environmental Impact Report ("Final EIR"), which
includes the Draft EIR with the Recirculated EIR sections, technical appendices, public comments and
the responses to public comments on the Draft EIR and Recirculated Draft EIR, and all other information
required by CEQA Guidelines section 15132, which has been filed with the City Clerk; and
WHEREAS, pursuant to CEQA, the City has prepared a Mitigation Monitoring and Reporting
Program, which has been filed with the City Clerk; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did,
on September 16, 2020, hold a duly noticed public hearing as prescribed by law to consider Tentative
Tract Map CT 16-07, Residential Planned Development Permit PUD 16-09, Nonresidential Planned
Nov. 3, 2020 Item #6 Page 19 of 1999
Development Permit PUD 2018-0007, Site Development Plan SOP 2018-0001, Coastal Development
Permit CDP 16-33, Hillside Development Permit HOP 16-02, Special Use Permit SUP 16-02, and
Environmental Impact Report 2017-0001, and the request for the exemption of the Growth
Management Plan circulation facility on eastbound El Camino Real between Tamarack Avenue and
Cannon Road, as referenced in Planning Commission Resolution Nos. 7381 and 7382; and the Planning
Commission adopted Planning Commission Resolution Nos. 7381 and 7382 recommending to the City
Council that it be approved; and
WHEREAS, the City Council of the City of Carlsbad, held a duly noticed public hearing to
consider said Tentative Tract Map, Residential Planned Development Permit, Nonresidential Planned
Development Permit, Site Development Plan, Coastal Development Permit, Hillside Development
Permit, and Special Use Permit; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to
the Tentative Tract Map, Residential Planned Development Permit, Nonresidential Planned
Development Permit, Site Development Plan, Coastal Development Permit, Hillside Development
Permit and Special Use Permit.
as follows:
1.
2.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California,
That the above recitations are true and correct.
The City Council finds and determines that the applicable provisions of CEQA and the
CEQA Guidelines have been duly observed in conjunction with the Project and said
hearings and the consideration ofthis matter and all of the previous proceedings related
thereto.
3. The City Council finds and determines that (a) the Final Environmental Impact Report
2017-0001 is complete and adequate in scope and has been completed in compliance
with CEQA and the CEQA Guidelines for implementation thereof, (b) the Final
Environmental Impact Report 2017-0001 was presented to the City Council and the City
Council has fully reviewed and considered the information in Final Environmental
Impact Report 2017-0001 prior to approving the Project, (c) the Final Environmental
Impact Report 2017-0001 reflects the City Council's independent judgment and analysis,
Nov. 3, 2020 Item #6 Page 20 of 1999
and, therefore, Final Environmental Impact Report 2017-0001 is hereby declared to be
certified in relation to the subject of this Resolution.
4. The City Council finds and determines that the Project is approved despite the existence
of certain significant environmental effects identified in Final Environmental Impact
Report 2017-0001 and, pursuant to Public Resources Code Section 21081 and CEQA
Guidelines Section 15091 that changes or alterations have been required in, or
incorporated into, the project which would mitigate, avoid, or substantially lessen to
below a level of significance the potential significant effects identified in the EIR, the City
Council hereby makes and adopts the findings with respect to each significant
environmental effect as set forth in the Findings of Fact, which is contained within
Planning Commission Resolution No. 7381 and is made a part hereof by this reference,
and declares that it considered the evidence described in connection with each such
finding.
5. With respect to the significant environmental effects identified in Final Environmental
Impact Report 2017-0001 and pursuant to Public Resources Code Section 21081.6 and
CEQA Guidelines Section 15091(d), the City Council hereby adopts and approves the
Mitigation Monitoring and Reporting Program, which is contained within Planning
Commission Resolution No. 7381 and is made a part hereof by this reference, and
hereby makes and adopts the provisions of the Mitigation Monitoring and Reporting
Program as conditions of approval for the Project.
6. Pursuant to Public Resources Code Section 21152 and CEQA Guidelines Section 15094,
the City Clerk shall cause a Notice of Determination to be filed with the Clerk of the
County of San Diego. Unless the Project is declared exempt herein and a Certificate of
Filing Fee Exemption is on file, the Project is not operative, vested or final until the filing
fees required pursuant to Fish and Game Code Section 711.4 are paid to the Clerk of the
County of San Diego.
7. Pursuant to Public Resources Code Section 21081.6{a)(2) and CEQA Guidelines Section
15091{e), the location and custodian of the documents and other materials which
constitute the record of proceedings on which this Resolution is based is the City Clerk,
City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California.
Nov. 3, 2020 Item #6 Page 21 of 1999
8. That the recommendation of the Planning Commission for the approval of Tentative
Tract Map CT 16-07, Residential Planned Development Permit PUD 16-09,
Nonresidential Planned Development Permit PUD 2018-0007, Site Development Plan
SDP 2018-0001, Coastal Development Permit CDP 16-33, Hillside Development Permit
HDP 16-02, and Special Use Permit SUP 16-02 is approved, and that the findings and
conditions of the Planning Commission contained in Planning Commission Resolution
No. 7382 on file with the City Clerk and incorporated herein by reference, are the
findings and conditions of the City Council, as modified with the following additional
condition of approval:
a. Prior to issuance of a grading permit, Developer shall submit an updated and
supplemental Phase I Environmental Site Assessment ("Updated Phase I") to the
Director of Community Development for review and approval. The Updated Phase I
shall specifically include the following:
i. A minimum of 30 borings and 8 composite samples shall be collected and
tested by an environmental professional in accordance with ASTM E 1527-13
guidelines;
ii. Additional soil samples shall be collected in any location where pesticides were
stored onsite;
iii. Additional soil samples shall be collected in the driplines of any pre-1978
building (existing or formerly demolished); and
iv. The soil samples collected as part of the supplemental Phase I shall be tested
for paraquat.
If the Updated Phase I demonstrates that the project complies with all applicable
residential screening thresholds, no further work shall be required. If the Updated
Phase I identifies a Recognized Environmental Condition, Developer shall prepare a
Phase II Environmental Site Assessment ("ESA") and implement all
recommendations included in the Phase II ESA.
9. This action is final the date this resolution is adopted by the City Council. The Provisions
of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply:
Nov. 3, 2020 Item #6 Page 22 of 1999
"NOTICE"
The time within which judicial review of this decision must be sought is governed by Code of Civil
Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad
Municipal Code Chapter 1.16. Any petition or other paper seeking review · must be filed in the
appropriate court not later than the ninetieth day following the date on which this decision becomes
final; however, if within ten days after the decision becomes final a request for the record is filed with
a deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time
within which such petition may be filed in court is extended to not later than the thirtieth day following
the date on which the record is either personally delivered or mailed to the party, or his attorney of
record, if he has one. A written request for the preparation of the record of the proceedings shall be
filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA 92008.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 3rd day of November, 2020, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Schumacher.
None.
None
MATT HALL, Mayor
(SEAL)
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EXHIBIT 3
Nov. 3, 2020 Item #6 Page 23 of 1999
Nov. 3, 2020 Item #6 Page 24 of 1999
PLANNING COMMISSION RESOLUTION NO. 7381-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING CERTIFICATION OF THE FINAL
ENVIRONMENTAL IMPACT REPORT FOR THE MARJA ACRES PROJECT,
AND RECOMMENDING ADOPTION OF THE CANDIDATE FINDINGS OF
FACT AND A MITIGATION MONITORING AND REPORTING PROGRAM FOR
THE DEVELOPMENT OF A MIXED-USE PROJECT CONSISTING OF 248
TOWNHOMES, 46 AFFORDABLE SENIOR APARTMENTS, AND 10,000
SQUARE FEET OF SPECIALTY COMMERCIAL USES ON 20.65 ACRES AT 4901
EL CAMINO REAL, GENERALLY LOCATED SOUTH OF EL CAMINO REAL EAST
OF KELLY DRIVE, NORTH OF PARK DRIVE, AND WEST OF WEST RANCH
STREET/LISA STREET, WITHIN THE MELLO II SEGMENT OF THE LOCAL
COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: MARJA ACRES
CASE NO.: EIR 2017-0001 (DEV16038)
WHEREAS, NUWI Carlsbad, LLC, "Developer," has filed a verified application with the City
of Carlsbad regarding property owned by Michael W. and Marja D. Selna Family Trust 09-10-81 and
Hoffman Legacy Trust 12-17-12, "Owner," described as
PARCEL 1:
PARCEL "B" OF CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 30, 2013 AS
DOCUMENT NO. 2013-0338927 OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF PARCEL 2 OF CERTIFICATE OF COMPLIANCE
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER
22, 1982 AS FILE NO. 82~293200 OFFICIAL RECORDS, SAID POINT ALSO BEING THE
NORTHEAST CORNER OF SAID _PARCEL "B"_; THENCE SOUTH 01°58'54" WEST 315.79
FEET; THENCE SOUTH 64°58'15;' WEST 1291.66 FEET; THENCE NORTH 76° 18'48" WEST
361.82 FEET; THENCE NORTH 18°32'.12" EAST 5_25.56 FEET; THENCE NORTH 83°17'35"
EAST 654.12 FEET; THENCE NORTH 87°30'41" EAST 333.00 FEET; THENCE NORTH
77°50'00" EAST 275.01 FEET; THENCE NORTH 01 °58'54" EAST .124.51 FEET; THENCE
NORTH 87°27'37" EAST 110.00 FEET TO THE NORTHEAST CORNER OF SAID PARCEL "B".
APN: 207-101-35-00
PARCEL 2:
PARCEL "A" OF CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 30, 2013 AS
DOCUMENT NO. 2013-0338927 O_FFICIAL RECORDS; PARCEL "A" CONSISTS OF PARCEL 1
OF PARCEL MAP NO. 3451 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 31, 1975 AS FILE NO. 75-023997 OFFICIAL RECORDS AND A PORTION
Nov. 3, 2020 Item #6 Page 25 of 1999
OF PARCEL 2 OF CERTIFICATE OF COMPLIANCE FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 22, 1982 AS FILE NO. 82-293200
OFFICIAL RECORDS, TOGETHER WITH THAT PORTION OF LOTS I AND E OF RANCHO
AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP NO. 823, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY NOVEMBER 16, 1986, LYING WITHIN EL CAMINO
REAL (COUNTY ROAD SURVEY NO. 682) AS VACATED AND ABANDONED BY RESOLUTION
RECORDED DECEMBER 21, 1976 AS FILE NO. 76-428052 OFFICIAL RECORDS; PARCEL "A"
IS DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL
1; THENCE ALONG THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID
PARCEL 1, NORTH 18°32'12" EAST, 11.32 FEET TO A POINT ON THE ARC OF A NON-
TANGENT 1673.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID
POINT BEARS SOUTH 26°43'20" WEST, SAID CURVE BEING SOUTHERLY AND
CONCENTRIC WITH THE CENTERLINE OF ROAD SURVEY 1800-1, ON FILE IN THE OFFICE
OF COUNTY SURVEYOR OF SAN DIEGO COUNTY; THENCE EASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 22°59'39" AN ARC DISTANCE OF 671.41 FEET TO A
POINT ON THE NORTHERLY LINE OF SAID PARCEL 1, A RADIAL LINE TO SAID POINT BEARS
NORTH 3°43'41" EAST; THENCE NON-TANGENT TO SAID CURVE AND CONTINUING
ALONG THE NORTHERLY LINE OF SAID PARCEL 1 NORTH 87°27'37" EAST, 205.36 FEET TO
THE NORTHEAST CORNER OF SAID PARCEL 1, SAID POINT ALSO BEING THE NORTHWEST
CORNER OF SAID PARCEL 2; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 2
NORTH 87°27'37" EAST, 263.56 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH
01°58'54" WEST, 124.51 FEET; THENCE SOUTH 77°50'00" WEST, 257.37 FEET TO THE
SOUTHEAST CORNER OF SAID PARCEL 1; THENCE SOUTH 77°50'00." WEST, 17.64 FEET;
THENCE SOUTH 87°27'37" WEST, 333.00 FEET; THENCE SOUTH 83°17'35" WEST, 654.12
FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 1, SAID POINT ALSO BEING THE
NORTHWEST CORNER OF SAID PARCEL 2; THENCE NORTH 18°32'12" EAST, 440.00 FEET
TO THE POINT OF BEGINNING.
APN: 207-101-37-00
("the Property"); and
WHEREAS, a Project Environmental Impact Report (EIR 2017-0001) was prepared in
conjunction with said project; and
WHEREAS, the Planning Commission did on September 16, 2020, 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, examining the Project EIR, Candidate Findings of Fact, and Mitigation Monitoring and
Reporting Program, analyzing the information submitted by staff, and considering any written comments
received, the Planning Commission considered all factors relating to the Project EIR.
PC RESO NO. 7381 -2-
Nov. 3, 2020 Item #6 Page 26 of 1999
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 the Final Project Environmental Impact Report consists of the Final Project
Environmental Impact Report, EIR 2017-0001, dated August 19, 2020, appendices,
written comments and responses to comments, as amended to include the comments
and documents of those testifying at the public hearing and responses thereto, is hereby
found to be in good faith and reason by incorporating a copy of the minutes of said public
hearing into the report, all on file in the Planning Division incorporated by this reference,
and collectively referred to as the "Report."
C} That the Environmental Impact Report, EIR 2017-0001, as so amended and evaluated, is
recommended for acceptance and certification as the final Environmental Impact Report
and that the final Environmental Impact Report as recommended is adequate and
provides reasonable information on the project and all reasonable and feasible
alternatives thereto, including no project.
D) That based on the evidence presented at the public hearing, the Planning Commission
hereby RECOMMENDS CERTIFICATION of the Environmental Impact Report for the
MARJA ACRES project, EIR 2017-0001 and RECOMMENDS ADOPTION of the Candidate
Findings of Fact ("CEQA Findings"), attached hereto marked as "Exhibit A" and
incorporated by this reference and of the Mitigation Monitoring and Reporting Program
("Program"), attached hereto marked as "Exhibit B" and incorporated by this reference;
based on the following findings and subject to the following condition.
Findings:
1. The Planning Commission of the City of Carlsbad does hereby find that the Final Project EIR 2017-
0001, the Candidate Findings of Fact and the Mitigation Monitoring and Reporting Program, have
been prepared in accordance with requirements of the California Environmental Quality Act, the
State EIR Guidelines, and the Environmental Review Procedures of the City of Carlsbad.
2. The Planning Commission of the City of Carlsbad has reviewed, analyzed, ahd considered Final
Project EIR 2017-0001, the environmental impacts therein identified for this project; the
Candidate Findings of Fact ("Findings" o~ "CEQA Findings") attached hereto as "Exhibit A," and
the Mitigation Monitoring and Reporting Program .("Program") attached hereto as "Exhibit B,"
prior to RECOMMENDING APPROVAL of this project.
3. The Planning Commission finds that Final EIR 2017-0001 reflects the independent judgment of
the City of Carlsbad Planning Commission.
4. The Planning Commission does accept as its own, incorporate as if set forth in full herein, and
make each and every one of the findings contained in the CEQA Findings ("Exhibit A"), including
feasibility of mitigation measures pursuant to Public Resources Code 21081 and CEQA Guidelines
15091, and infeasibility of project alternatives.
PC RESO NO. 7381 -3-
Nov. 3, 2020 Item #6 Page 27 of 1999
5. The Planning Commission hereby finds that the Program ("Exhibit B") is designed to ensure that
during project implementation, the Developer and any other responsible parties implement the
project components and comply with the feasible mitigation measures identified in the CEQA
Findings and the Program.
6. The Record of Proceedings for this project consists of The Report, CEQA Findings, and Program;
all reports, applications, memoranda, maps, letters and other planning documents prepared by
the planning consultant, the environmental consultant, and the City of Carlsbad that are before
the decision makers as determined by the City Clerk; all documents submitted by members of
the public and public agencies in connection with the Project EIR; minutes of all public meetings
and public hearings; and matters of common knowledge to the City of Carlsbad which they may
consider, including but not limited to, the Carlsbad General Plan, Carlsbad Zoning Ordinance,
and Local Facilities Management Plan which may be found at 1200 Carlsbad Village Drive in the
custody of the City Clerk, and 1635 Faraday Avenue in the custody of the City Planner.
Condition:
1. The Developer/Owner shall implement the mitigation measures described in "Exhibit B," the
Mitigation Monitoring and Reporting Program, for the mitigation measures and monitoring
programs applicable to development of the Marja Acres project.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on September 16, 2020, by the following vote, to wit:
AYES: Chair Anderson, Commissioners Geidner, Lafferty, Luna, Meenes, Merz, and Stine
NOES:
ABSENT:
ABSTAIN:
VELYN ANDERSON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
PC RESO NO. 7381 -4-
CALIFORNIA ENVIRONMENTAL QUALITY ACT
FINDINGS OF FACT
(PUBLIC RESOURCES CODE §21081
CEQA GUIDELINES §15091)
Final Environmental Impact Report (EIR 2017-0001)
Marja Acres Project
(SCH No. 2018041022)
1 Introduction
A Final Environmental Impact Report (hereafter “Final EIR”) has been prepared pursuant to the
California Environmental Quality Act (CEQA) to address the potential environmental effects of the
proposed Marja Acres Project and associated actions (hereafter “proposed project”) and considered
by the City in connection with its public consideration of requested approvals for the proposed project.
The proposed project involves the development of a total of 294 dwelling units consisting of 235
townhomes within the R-15 General Plan designated area, and 46 age-restricted affordable apartment
units, 13 townhomes, a 4,000-square-foot restaurant pad and a 6,000-square-foot retail pad area
within the General Commercial General Plan designated area. The full scope of the proposed project
and associated approvals are detailed further in Section 1.1 and Section 1.3 of the Final EIR. It should
be noted that the Final EIR contains many references to 296 dwelling units. Following public review of
the Draft EIR and in response to one of the comments received, a minor change was made to the
project site plan to incorporate a buffer for an off-site riparian area that resulted in the elimination of
two (2) dwelling units. While the majority of the references in the Final EIR to 296 units will remain,
these findings reflect the current project description that includes 294 dwelling units. The proposed
project would utilize the opportunities provided by the Residential Density Bonus and Incentives or
Concessions section of the Carlsbad Zoning ordinance (Carlsbad Municipal Code [CMC] Chapter
21.86). This allows up to a 35 percent increase in the number of units beyond the maximum General
Plan density calculations. The Final EIR also analyzed the environmental effects of a range of project
alternatives. The Final EIR and its separately bound technical appendices are incorporated herein by
reference as though fully set forth.
1.1 Proposed Project
The proposed project consists of 20.65 acres of land located within Local Facilities Management Zone
(LFMZ) 1, in the Northwest Quadrant of the City of Carlsbad, in northern San Diego County. The City
of Carlsbad is bordered to the north by the City of Oceanside, to the south by the City of Encinitas, to
the east by the cities of Vista and San Marcos, and on the west by the Pacific Ocean. The project site
is located approximately two miles east of the Pacific Ocean and 31 miles north of downtown San
Diego. Regional access to the project site is provided by I-5 and SR-78.
EXHIBIT A
Nov. 3, 2020 Item #6 Page 28 of 1999
The proposed project would be constructed and located on two parcels (Assessor Parcel Numbers
207-101-35 and 207-101-37) totaling 20.65 acres of land. The project site is located south of El
Camino Real, east of Kelly Drive, north of Park Drive, and west of Lisa Street/West Ranch Street.
1.1.1 Project Characteristics
The project site is designated by the Carlsbad General Plan as General Commercial (GC) and R-15
Residential (R-15). Areas with the R-15 designation are intended to be developed with housing at a
density between 8 to 15 dwelling units per acre. The adoption of the Carlsbad General Plan included
a requirement that the R-15 parcel on the project site be developed at a density of at least 12 units
per acre. In addition, the R-15 parcel is required to provide 20 percent of the units as affordable
housing to households earning up to 80 percent of the area median income (AMI) or two other options,
compared to the city’s standard inclusionary requirement of 15 percent at that affordability level.
Housing types allowed in the R-15 designation may include two-family dwellings (two attached
dwellings, including one unit above the other) and multi-family dwellings (three or more attached
dwellings); detached single-family dwellings may be permitted on small lots or when developed as two
or more units on one lot, subject to specific review and community design requirements.
The GC designation includes sites that provide general commercial uses that may be neighborhood
serving and/or serve a broader area of the community than local shopping centers. Sites with this
designation may be developed with a stand-alone general commercial use, two or more general
commercial uses, or mixed use (general commercial uses and residential dwellings, with residential
density to be 15 dwelling units per acre at a minimum based on 25 percent of the site’s developable
acreage).
The project site is zoned Residential Density-Multiple (RD-M) and General Commercial (C-2). The
intent and purpose of the RD-M zone is to implement the residential medium density, residential
medium-high density and residential high-density land use designations of the Carlsbad General Plan
and to provide regulations and standards for the development of residential dwellings. The C-2 zone
provides regulations and standards for the development of general commercial uses that serve the
local community. Permitted uses in the C-2 zone include a range of retail, wholesale, and service uses,
as well as residential uses within a mixed use development.
The proposed project includes the development of 294 total dwelling units, of which 235 would be
townhomes within the R-15 Residential General Plan designated area. Located within the
GC-designated area would be 46 age-restricted affordable apartments, 13 townhomes, a
4,000-square-foot restaurant pad and a 6,000-square-foot retail pad area. The residential breakdown
of the proposed project is shown in Table 1.
Table 1. Proposed Residential Unit Mix
Parcel General Plan Designation
Units
Total Units Townhomes Age-Restricted Affordable Apartments
Parcel 1 GC 13 46 59
Parcel 2 R-15 235 0 235
Total 294
Nov. 3, 2020 Item #6 Page 29 of 1999
Total Allowed Units
General Plan. Each of the city’s residential land use designations specifies a density range that
includes a minimum density, maximum density, as well as a Growth Management Control Point
(GMCP) density (the GMCP density ensures residential development does not exceed the number of
dwellings permitted in the city’s Growth Management Plan). At the upper end of the Carlsbad General
Plan’s allowable density range, a total of 224 dwelling units would be allowed on the project site based
on: a) the maximum density for the net developable acreage of the residentially-zoned parcel; and b)
the allowable 25 percent of net developable acreage for residential in a mixed-use development on
the commercially-zoned parcel.
Density Bonus. The number of total dwelling units proposed on the project site (294 units) exceeds
what is allowed on the project site at the upper end of the Carlsbad General Plan’s allowable density
range (224 units). In order to reach the proposed 294 dwellings units, the project applicant would utilize
the opportunities provided by state law and the Residential Density Bonus and Incentives or
Concessions section of the Zoning Ordinance (Chapter 21.86 of the CMC), which implements
California Government Code Sections 65915 – 65918). This allows up to a 35 percent increase in the
number of units beyond the maximum base level Carlsbad General Plan density calculations. Eighty
density bonus units are allowed on the project site with the 35 percent density bonus provisions. The
additional 80 density bonus units would increase the total allowable units from 224 to 304. While the
project site could be developed with a total of 304 units (with the density bonus provisions), the project
applicant is requesting 70 density bonus units (10 fewer units than the total allowed under the density
bonus provisions [80]), for a total of 294 residential units.
Excess Dwelling Units
City Council Policy 43 is the established policy for the number and allocation of Proposition E (Growth
Management) “excess” dwelling units. Policy 43 establishes the city’s policy regarding the number and
the criteria for allocation of “excess” dwelling units which have become available as a result of
residential projects being approved and constructed with less dwelling units than would have been
allowed by the density control points of the GMP as approved by the voters as Proposition E on
November 4, 1986.
At the median of the Carlsbad General Plan’s allowable density range, a total of 145 dwelling units
would be allowed on the R-15 parcel. Although the actual net acreage of the residentially-zoned
parcel would allow 145 dwelling units, the total number of units allocated as a result of the Carlsbad
General Plan land use change was 135 dwelling units, so 135 units is the baseline. In order to
reach the proposed 294 dwellings units, the project applicant is requesting a withdrawal of 158
dwelling units from the city’s Excess Dwelling Unit Bank (294 proposed units - 135 units
allocated by General Plan - one existing unit to be demolished = 158 units). No residential units
were assumed or allocated with the Carlsbad General Plan update for commercial sites.
Townhomes in Residentially-Zoned Area
The proposed project’s residential zone townhome component includes 235 townhomes with a variety
of building configurations (3-plex to 10-plex) and unit sizes. Smaller buildings (three-plex and four-plex)
are proposed to be located along the southwestern portion of the project site while the larger building
configurations would be strategically located in the northeastern interior of the project site. The
proposed grading concept would place the residential units along the southern perimeter of the project
site at an elevation such that residents of the new residential structures would not “look down” onto
Nov. 3, 2020 Item #6 Page 30 of 1999
the backyards of the existing single-family properties located immediately to the south of the project
site.
The townhomes will be no more than three stories and up to 35 feet in height, some with allowable
protrusions above 35 feet per CMC Section 21.46.020 for stairwells, roof decks and parapets/railings.
These units include three bedrooms, and range in size from 1,700 to 2,350 square feet.
All units will have direct access from the interior of the unit to a private two-car garage. Private storage
will also be provided in the garage. Visitor parking will be provided along the primary private loop road
and will be well above the ratio of one visitor space for every four units as required by the CMC Planned
Development Ordinance (Chapter 21.45).
Townhomes in Commercially-Zoned Area
Thirteen townhomes are proposed in the commercially-zoned area. These townhomes will be of similar
layouts and scale as the townhomes in the residential area; however, these units will be more
complementary in style and architecture to the commercial buildings.
Age-Restricted Inclusionary Housing
In accordance with Chapters 21.85 and 21.86 of the CMC, the proposed project will meet the
requirements of the Inclusionary Housing Ordinance and state Density Bonus Law by designating an
area within the project site for age-restricted affordable housing. In accordance with Table A in Section
21.86.040 of the CMC, the project applicant is requesting a 35 percent density bonus. The approval
of the Carlsbad General Plan required the project site to provide a minimum of 20 percent affordable
housing or one of two options per Planning Commission Resolution No. 7114. The project proposes
the equivalent of meeting Resolution No. 7114’s option to provide 15 percent of the total units
affordable to senior households earning 50 percent AMI. Under this option, a total of 44 affordable
units would be required. In order to achieve a deeper level of affordability including some units at 30
percent AMI, the project is providing 46 senior affordable units or 15.6 percent of the project’s total
units. The affordable units include five (5) apartments at 30 percent AMI. The other 39 of the required
units will be provided at 50 percent AMI (23 apartments) and 60 percent AMI (16 apartments). The
project includes an additional two (2) apartments at 60 percent AMI that could otherwise be
market-rate apartments, for the project total of 46 affordable apartments. The units will be rented to
age-restricted households in these lower income levels. The development of the inclusionary housing
units will also comply with CMC Chapter 21.84 – Housing for Senior Citizens. A formal Affordable
Housing Agreement will be prepared and approved prior to the approval of the first final map.
The 46 age-restricted affordable apartments will be located in one building adjacent to El Camino Real
and the primary entrance to the site within the commercial area. The units will be mostly one- bedroom,
with one two-bedroom, apartments and may range in size from 525 square feet up to 750 square feet.
Due to the provision of age-restricted inclusionary housing, none of the inclusionary housing units will
include three bedrooms.
Commercial Uses
The proposed project would include a 4,000-square-foot restaurant pad and a 6,000-square foot retail
pad area within the commercially designated area of the project site. The actual square footage of the
constructed retail and restaurant space may vary depending on the future design of the commercial
area.
Nov. 3, 2020 Item #6 Page 31 of 1999
Landscape Plan
The policies, programs, and requirements of the City of Carlsbad’s Landscape Manual apply to all
public and private development requiring discretionary permits or submittal of landscape plans for
development permits. The proposed project is required to comply with the provisions of the Landscape
Manual with respect to planting, irrigation, water conservation, streetscape, slope revegetation/erosion
control, and fire protection. Furthermore, the city will review detailed landscape construction plans at
the time permits (i.e., grading and building) are applied for as part of the subsequent development of
the proposed project.
Community Recreational Space
Per Section 21.45.060 of the CMC, 200 square feet of community recreational space is required per
unit on the portion of the project site designated as R-15. A minimum of 75 percent of the required
amount of community recreational space is to be allocated for active recreational facilities. Community
recreational space would be provided as both passive and active recreational facilities for a variety of
age groups. The proposed project would provide 35,965 square feet (sf) of active recreational facilities
and 16,429 sf of passive recreational facilities for a total of 52,394 sf on the residential portion of the
project site.
On the commercially-designated portion of the project site, the proposed project would provide
3,710 sf of passive recreational facilities where 920 sf is required.
Private Recreational Space
The proposed project would provide private recreational spaces in the form of balconies, patios, or
roof decks per Section 21.45.080 of the CMC.
Circulation and Access
Vehicular access to the project site will be provided at two entry points from El Camino Real. The main
entry will be located on the western portion of the project site and will include a landscaped median.
This entry point will provide for right-in and right-out access only, and will include a deceleration lane
on El Camino Real. The secondary project site entry is also proposed from El Camino Real, and would
be located on the eastern portion of the site. This second entry point will also provide for right-in and
right-out access only and includes a deceleration lane. Both vehicular site access locations provide
for appropriate sight distance in accordance with city codes and policies.
Access to the commercial and age-restricted uses will be provided via the project site internal private
street and private driveways. Access to the residential portions of the proposed project will be provided
via the private loop street and private drive aisles.
All private streets will contain sidewalks for safe pedestrian circulation. Other sidewalks and pathways
will be provided for internal pedestrian circulation between the residential areas, commercial area, and
recreational areas.
El Camino Real in the project vicinity was recently improved to its buildout 6-lane Arterial Street
standard as part of the Robertson Ranch development located across the street from the proposed
project. As such, intersection configurations, lane widths, bike lane and bus stop configurations,
pedestrian sidewalk and crosswalk facilities are considered built out to city standards.
Nov. 3, 2020 Item #6 Page 32 of 1999
Findings of Fact
Marja Acres Project
Grading
Grading and earthwork will be required to modify the existing sloping, hillside topography for residential
and commercial development. The proposed project will require approximately 255,549 cubic yards
of cut and approximately 186,446 cubic yards of fill. Approximately 69,103 cubic yards would be
exported. Efforts will be made toward creating balanced earthwork. Final grading will be governed by
the final grading plan. Grading will conform to the Carlsbad Development Code, Chapter 15.16,
Grading and Erosion Control. The Development Code contains rules and regulations to control
excavation, grading, and earthwork.
The proposed grading concept and design of the project site would maintain the slope alignment in an
east to west direction, but would decrease the extent of the slope heights, which ultimately enhances
the view of the site from El Camino Real.
In order to maximize the privacy of the existing adjacent homes, the higher topographical elevations
of the site located along the southern portion of the site will be lowered significantly to improve the
project’s compatibility with the surrounding area. Lowering the topographical elevations along this
portion also accommodates the privacy concerns expressed by existing adjacent residents. The
lowering of the topography in the southern portion of the site to address privacy concerns results in an
increase in the volume of the project site grading.
Density Bonus Incentives, Concessions and Waivers
The city's Residential Density Bonus and Incentives or Concessions Ordinance (CMC § 21.86) and
the California State Density Bonus Law (Government Code §§ 65915 – 65918) seeks to encourage
the development of affordable housing by offering incentives, concessions and waivers or reductions
to standards for projects that provide on-site affordable housing.
By providing 20 percent of the base maximum density units as affordable, the proposed project
is entitled to two incentives. First, the applicant has requested an award of 158 dwelling units
(credit for one existing unit) from the city's Excess Dwelling Unit Bank. Council Policy 43 states that
allocation of excess dwelling units is an allowable incentive for increased density in the city.
Second, the applicant has requested permission to construct a horizontal, rather than vertical,
mixed-use development on the commercial parcel. Specifically, the applicant is requesting that
CMC Section 21.28.015(A), which requires that mixed-use development in the C-2 zone include
nonresidential uses on the ground floor and residential uses above the ground floor, not be applied to
the proposed project so that residential and commercial uses can occur in separate buildings on the
commercial parcel.
As shown in Table 2, the applicant also requests the following six waivers from or reductions
in applicable development standards.
Table 2. Waiver/Reduction Requests
Requested Waiver Development Standard Proposed Project
Building Setback Waiver CMC § 21.45.080 Zero setback where 10’ is required;
provides 10' landscaped parkway,
sidewalk and landscaped buffer area
between curb and buildings
Retaining Wall Height Waiver CMC § 21.95.140(C)(1) Maximum retaining wall height of 23';
all retaining walls exceeding 6' in
height are not visible from the public
right of way
Nov. 3, 2020 Item #6 Page 33 of 1999
Table 2. Waiver/Reduction Requests
Requested Waiver Development Standard Proposed Project
Secondary Residential Uses Waiver CMC § 21.28.015(C)(2) Mix of residential and commercial
uses on the C-2 designated parcel
Parkway and Sidewalk Width
Reduction
CMC § 21.45.060 Parkways - 3.5' – 5' instead of 5.5’
Sidewalks – 4' – 4.5' instead of 5’
Maximum Cut and Fill Waiver El Camino Real Corridor
Development Standard Section
IV(B)
Cuts/fills exceeding 10 feet
Grading Volume Waiver CMC § 21.95.040(d)(2) Earthwork exceeding 10,000 cubic
yards/acre to maintain privacy for
adjacent existing homeowners
1.2 Project Objectives
The project applicant has identified the following objectives for implementing the proposed project:
• Promote the construction of workforce housing near existing employment centers,
infrastructure, and public utilities.
• Provide a quality residential community of attached single-family homes attainably priced for
young families and professionals.
• Provide low-income and very-low income age-restricted affordable housing to implement the
Carlsbad General Plan and statewide housing goals.
• Redevelop and infill site identified in the city’s Housing Element as underutilized with
much-needed housing and neighborhood commercial uses.
• Design and implement a walkable mixed-use community that provides a balance of affordable
and market rate housing connected to community gathering areas and commercial amenities.
• Create a new mixed-use community consistent with the goals and policies of the Carlsbad
General Plan and LCP.
• Facilitate the establishment and operation of a community garden and vegetable stand to
serve residents, as well as visitors to the proposed project’s commercial and gathering spaces.
• Provide pedestrian-scale, economically viable neighborhood commercial uses that serve
proposed project residents and visitors while also paying homage to past uses and structures
on the site.
• Provide neighborhood recreational and open space amenities that will induce residents to
minimize travel, resulting in a reduction of GHG emissions.
• Design a community that encourages social interaction by integrating land use types and
mobility within the community.
• Utilize context sensitive grading techniques and project design features to ensure compatibility
with adjacent residential land uses.
Nov. 3, 2020 Item #6 Page 34 of 1999
1.3 Project Approvals
Actions and Approvals by the City of Carlsbad
The following identifies the legislative and discretionary actions and approvals by the City of Carlsbad
for the proposed project.
In conformance with Sections 15050 and 15367 of the State CEQA Guidelines, the City of Carlsbad
has been designated as the “lead agency,” which is defined as, “the public agency which has the
principal responsibility for carrying out or approving a project.” The following identifies the discretionary
actions and approvals by the city for the proposed project.
• Tentative Map (CT 16-07). The Applicant is requesting approval of a Tentative Tract Map
required for development of the proposed project site. A tentative tract map is required by the
California Subdivision Map Act (Government Code §66426 et seq.)
• Planned Development Permit – Residential (PUD 16-09). The Applicant is requesting a
PUD to facilitate individual ownership of units and subdivision of the residential areas.
• Planned Development Permit - Nonresidential (PUD 2018-0007). The Applicant is
requesting a nonresidential PUD to facilitate individual ownership of commercial and
age-restricted lots, and mixed-use-residential units, along with subdivision of the commercial
site. Includes rescinding of Precise Plan 20 adopted in 1968.
• Site Development Plan (SDP 2018-0001). An SDP is required for the age-restricted
affordable housing component of the proposed project and for the proposed residential uses
located with the General Commercial zone.
• Coastal Development Permit (CDP 16-33). A CDP is required to construct the proposed
project. This permit is necessary as the project site is located in the Coastal Zone within the
Mello II Segment of the LCP, and is within the appellate jurisdiction of the California Coastal
Commission.
• Hillside Development Permit (HDP 16-02). Grading of the proposed project site is subject to
the city’s Hillside Development Ordinance as project areas contain hillside conditions that are
defined as slopes greater than 15 feet in height and 15 percent in slope. The purpose of the
HDP is to regulate grading per the city’s Hillside Development Ordinance (Municipal Code
Chapter 21.95) standards and policies.
• Special Use Permit (16-02). The project site is located along El Camino Real within the Scenic
Preservation Overlay and is subject to the El Camino Real Corridor Development Standards.
Thus, an SUP is required for the proposed project.
• Final EIR Certification (EIR 2017-0001). After the required public review of the Draft EIR, the
city will respond to comments, edit the document, and produce a final EIR to be certified by
the city decision-maker as complete and providing accurate information concerning the
environmental impacts from the implementation of the proposed project.
Nov. 3, 2020 Item #6 Page 35 of 1999
Discretionary Action and Approvals by Other Agencies
The project site supports a low-quality drainage ditch that could qualify as non-wetland waters of the
U.S. (WOUS) subject to U.S. Army Corps of Engineers (USACE) jurisdiction pursuant to Clean Water
Act (CWA) Section 404, non-wetland waters of the state subject to Regional Water Quality Control
Board (RWQCB) jurisdiction pursuant to CWA Section 401, and unvegetated streambed subject to
California Department of Fish and Wildlife (CDFW) jurisdiction pursuant to California Fish and Game
Code (FGC) Sections 1600 et seq. The proposed project will require the following agency notifications
and permits:
• USACE - The project applicant shall prepare and submit notification to the USACE for
unavoidable impacts to non-wetland WOUS. Based on the USACE’s CWA
Section 404 Nationwide Permit program, project activities would be covered under NWP
29 - Residential Developments, contingent upon waiver of the 300 linear feet limit for this
permit.
• RWQCB - The project applicant shall prepare and submit a CWA Section 401 Request for
Water Quality Certification to the RWQCB for unavoidable impacts to non-wetland waters of
the state.
• CDFW - The project applicant shall prepare and submit a California Fish and Game Code
Section 1602 Notification of Lake or Streambed Alteration to the CDFW for unavoidable
impacts to unvegetated jurisdictional streambed.
1.4 Purpose of CEQA Findings
CEQA Findings play an important role in the consideration of projects for which an EIR is prepared.
Under Public Resources Code §21081 and CEQA Guidelines §15091 above, where a final EIR
identifies one or more significant environmental effects, a project may not be approved until the public
agency makes written findings supported by substantial evidence in the administrative record as each
of the significant effects. In turn, the three possible findings specified in CEQA Guidelines §15091(a)
are:
(1) Changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the final EIR.
(2) Such changes or alterations are within the responsibility and jurisdiction of another public
agency and not the agency making the finding. Such changes have been adopted by such
other agency or can and should be adopted by such other agency.
(3) Specific economic, legal, social, technological, or other considerations, including provision of
employment opportunities for highly trained workers, make infeasible the mitigation measures
or project alternatives identified in the final EIR.
Nov. 3, 2020 Item #6 Page 36 of 1999
CEQA Guidelines §15092(b) provides that no agency shall approve a project for which an EIR was
prepared unless either:
1. The project as approved will not have a significant effect on the environment, or
2. The agency has:
a. Eliminated or substantially lessened all significant effects on the environment where
feasible as shown in the findings under Section 15091, and
b. Determined that any remaining significant effects on the environment found to be
unavoidable under Section 15091 are acceptable due to overriding concerns as
described in Section 15093.
Nov. 3, 2020 Item #6 Page 37 of 1999
2 Findings of Significant Impacts, Required
Mitigation Measures and Supporting Facts
The City, having reviewed and considered the information contained in the EIR, finds pursuant to
Public Resources Code §21081(a)(1) and Guidelines §15091(a)(1) that changes or alterations have
been required in, or incorporated into, the project which would mitigate, avoid, or substantially lessen
to below a level of significance the following potential significant environmental effects identified in the
EIR.
2.1 Biological Resources
2.1.1 Special-Status Species – Nesting Birds
A. Significant Impact. The project site contains trees, shrubs, and other vegetation that provide
marginal nesting habitat for common birds, including sensitive birds and raptors, protected under
the Migratory Bird Treaty Act (MBTA) and California FGC. Construction of the proposed project
could result in the removal or trimming of trees and other vegetation during the general bird nesting
season (January 15 through September 15) and, therefore, could result in impacts on nesting birds
and violation of the MBTA and California FGC. Direct impacts could occur as a result of removal
of vegetation supporting an active nest. Impacts would be considered significant.
B. Facts in Support of Finding (1). The project’s potential impact associated with nesting birds
would be mitigated to a level less than significant with the implementation of Mitigation Measure
BIO-1.
C. Mitigation Measures
Mitigation Measure BIO-1
Nesting Bird and Raptor Avoidance. If initial grading and vegetation removal activities (i.e.,
earthwork, clearing, and grubbing) must occur during the general bird breeding season for
migratory birds and raptors (January 15 and September 15), the project applicant shall retain a
qualified biologist to perform a preconstruction survey of potential nesting habitat to confirm the
absence of active nests belonging to migratory birds and raptors afforded protection under the
MBTA and California FGC. The preconstruction survey shall be performed no more than 7 days
prior to the commencement of grading and/or vegetation removal activities. If the qualified biologist
determines no active migratory bird or raptor nests occur, the activities shall be allowed to proceed
without any further requirements. Should an active nest of any MBTA-covered species occur within
or adjacent to the project impact area, a 100-foot buffer (300 feet for raptors) shall be established
around the nest, and no construction shall occur within this area until a qualified biologist
determines the nest is no longer active or the young have fledged.
2.1.2 Sensitive Natural Community
A. Significant Impact. Implementation of the proposed project would result in a direct impact to the
vegetation community acreages – which includes 12.4 acres of disturbed habitat/disced land, 0.3
acre of disturbed habitat, 2.1 acre of ornamental/non-native vegetation, and 5.7 acre of
urban/developed. Project development would only impact common upland habitat types (Carlsbad
Nov. 3, 2020 Item #6 Page 38 of 1999
Habitat Management Plan [HMP] Habitat Group F) that are not sensitive natural communities.
Impacts to non-sensitive upland habitat types require purchase of in-lieu fee credits under the
Carlsbad HMP.
Potential significant indirect impacts could occur if stormwater runoff is not controlled at the
construction site, and sediment, toxics, and/or other material is inadvertently carried into sensitive
habitat within the adjacent off-site Kelly Creek. Further, if the construction work areas are not
properly fenced, inadvertent encroachment into adjacent sensitive riparian habitat associated with
Kelly Creek could occur.
Once constructed, the proposed project uses would likely generate certain pollutants that could
affect water quality downstream from the project site. The potential water quality impact associated
with operation of the proposed project is considered a significant impact.
B. Facts in Support of Finding (1). The project’s potential direct impact associated with sensitive
natural communities would be mitigated to a level less than significant with the implementation of
Mitigation Measure BIO-2. The project’s potential indirect impact associated with sensitive natural
communities would be mitigated to a level less than significant with the implementation of
Mitigation Measure BIO-3 and WQ-1. The project’s potential water quality impact associated with
operation of the proposed project would be mitigated to a level less than significant with the
implementation of Mitigation Measure WQ-2.
C. Mitigation Measures
Mitigation Measure BIO-2
Habitat Management Plan In-Lieu Mitigation Fee. Prior to recordation of a final map or issuance
of a grading permit, whichever occurs first, the project applicant shall pay habitat in lieu mitigation
fees according to the ratios and amounts established by the HMP for Natural Communities in the
City of Carlsbad.
Mitigation Measure BIO-3
Construction Fencing. The applicant shall show the locations of temporary construction fencing
with the first submittal of grading plans. Temporary construction fencing (with silt barriers) shall be
installed at the limits of project impacts (including construction staging areas and access routes)
adjacent to sensitive habitat to prevent sensitive habitat impacts and the spread of silt from the
construction zone into adjacent habitats. Fencing may be required at the western end of the project
to separate project impacts from the off-site sensitive habitat of Kelly Creek. Fencing shall be
installed in a manner that does not impact habitats to be avoided. The applicant shall submit to
the City of Carlsbad for approval at least 30 days prior to grading permit issuance, the final plans
for project construction. These final plans shall include photographs that show the fenced limits of
impact and areas to be impacted or avoided.
Employees shall strictly limit their activities, vehicles, equipment, and construction materials to the
fenced project footprint. All equipment maintenance, staging, and dispensing of fuel, oil, coolant,
or any other such activities shall occur in designated areas within the fenced project impact limits.
These designated areas shall be located in previously compacted and disturbed areas to the
maximum extent practicable in such a manner to prevent any runoff from entering adjacent open
space and shall be shown on the construction plans. Fueling of equipment shall take place within
existing disturbed areas greater than 100 feet from Kelly Creek. Contractor equipment shall be
checked for leaks prior to operation and repair, as necessary. “No fueling zones” shall be
designated on construction plans.
Nov. 3, 2020 Item #6 Page 39 of 1999
If work occurs beyond the fenced or demarcated limits of impact, all work shall cease until the
problem has been remedied to the city’s satisfaction. Any impacts that occur to environmentally
sensitive areas beyond the approved fence shall be mitigated in accordance with ratios specified
in the Carlsbad HMP or as otherwise determined by the City of Carlsbad in coordination with the
USFWS, USACE, RWQCB, and/or CDFW. Temporary construction fencing shall be removed
upon project completion.
Mitigation Measure WQ-1
Prior to issuance of a grading permit for any phase of the development, the applicant shall prepare
and submit for review and approval of the Carlsbad City Engineer, a SWPPP to demonstrate that
pollutants will be controlled through compliance with the City of Carlsbad Stormwater Management
and Discharge Control Ordinance, General Construction Stormwater Permit (Order No.
2012-0006-DWQ, NPDES CAS000002), and the General Municipal Stormwater Permit
(R9-2013-0001, as amended by Order Nos. R9-2015-0001 and R9-2015-0100, NPDES No.
CAS0109266). The applicant shall be responsible for monitoring and maintaining the BMP erosion
control measures identified below on a weekly basis in accordance with the city’s grading and
erosion control requirements (Municipal Code Section 15.16. et seq.). The locations of all erosion
control devices shall be noted in the SWPPP referenced on the grading plans. BMPs that shall be
installed include, but are not limited to, the following:
• Silt fence, fiber rolls, or gravel bag berms;
• Check dams;
• Street sweeping and vacuuming;
• Storm drain inlet protection;
• Stabilized construction entrance/exit;
• Hydroseed, soil binders, or straw mulch;
• Containment of material delivery and storage areas;
• Stockpile management;
• Spill prevention and control;
• Waste management for solid, liquid, hazardous, and sanitary waste-contaminated soil; and
• Concrete waste management.
Mitigation Measure WQ-2
Prior to the issuance of grading permits or other approvals for any public or private right of way
improvements, whichever comes first, the developer shall prepare and submit for review and
approval of the Carlsbad City Engineer, SWQMP, grading and improvement plans that
demonstrate that pollutants will be controlled through compliance with the City of Carlsbad
BMPDM. Approval of such plans shall be subject to a determination by the Carlsbad City Engineer
that the proposed project has implemented an integrated Low Impact Development (LID) approach
to meet criteria described in the City of Carlsbad BMPDM. The proposed project has incorporated
LID strategies which include site design BMPs, source control BMPs and pollutant control BMPs
into the project design to the maximum extent practicable.
Nov. 3, 2020 Item #6 Page 40 of 1999
2.1.3 Jurisdictional Waters
A. Significant Impact. The project site supports a low quality drainage ditch that could qualify as
non-wetland WOUS subject to USACE jurisdiction pursuant to CWA Section 404, non-wetland
waters of the state subject to RWQCB jurisdiction pursuant to CWA Section 401, and unvegetated
streambed subject to CDFW jurisdiction pursuant to California FGC Sections 1600 et seq.
B. Facts in Support of Finding (1). The project’s potential impact associated with jurisdictional
waters would be mitigated to a level less than significant with the implementation of Mitigation
Measure BIO-4. Existing regulations require the USACE, RWQCB, and CDFW be notified and, if
required, permits and approvals be obtained from these agencies prior to the impacts occurring.
Mitigation for impacts shall occur at a minimum 1:1 ratio through on and/or off site
establishment/re-establishment, rehabilitation, enhancement, and/or preservation.
Implementation of Mitigation Measure BIO-4 would ensure the appropriate regulatory permits are
obtained and mitigation obligations are fulfilled in accordance with existing regulations pertaining
to non-wetland WOUS/waters of the state and unvegetated streambed.
C. Mitigation Measures
Mitigation Measure BIO-4
Regulatory Permitting and Compensatory Mitigation. Impacts to all or portions of the unnamed
drainage ditch on the project site shall require the following agency notifications and permits prior
to approval of the final map:
• The project applicant shall prepare and submit notification to the USACE for unavoidable
impacts to non-wetland WOUS. Based on USACE’s CWA Section 404 NWP program,
project activities would be covered under NWP 29 – Residential Developments, contingent
upon waiver of the 300 linear feet limit for this permit.
• The project applicant shall prepare and submit a CWA Section 401 Request for Water
Quality Certification to the RWQCB for unavoidable impacts to non-wetland waters of the
state.
• The project applicant shall prepare and submit a California FGC Section 1602 Notification
of Lake or Streambed Alteration to the CDFW for unavoidable impacts to unvegetated
jurisdictional streambed.
If required by the USACE, RWQCB, and/or CDFW in regulatory permits, the project applicant shall
implement compensatory mitigation at a minimum ratio of 1:1 for the unavoidable loss of
jurisdictional waters, which would include one or a combination of the following measures:
• The project applicant shall purchase preservation, establishment/ re-establishment,
rehabilitation, and/or enhancement credits from a mitigation bank approved by the USACE,
RWQCB, and/or CDFW; and/or,
Nov. 3, 2020 Item #6 Page 41 of 1999
• The project applicant shall implement permittee responsible preservation, establishment,
re-establishment, rehabilitation and/or enhancement at an on or off site location approved
by the USACE, RWQCB, and/or CDFW, including preparation and implementation of a
conceptual mitigation plan, habitat mitigation monitoring plan, restoration plan, and/or long
term management plan, unless otherwise specified by the USACE, RWQCB, and/or
CDFW. A conservation easement, restrictive covenant, or other protection shall be
recorded over the mitigation area, and the area shall be managed in perpetuity in
accordance with the long term management plan, unless otherwise specified by the
USACE, RWQCB, and/or CDFW.
2.1.4 Wildlife Corridors
A. Significant Impact. Construction work limits will be contained within temporary construction
fencing. Project operation has the potential to result in significant indirect impacts on wildlife
potentially using off site habitat associated with Kelly Creek if lighting is not appropriately shielded
and directed downward and away.
B. Facts in Support of Finding (1). The project’s potential impact associated with wildlife corridors
would be mitigated to a level less than significant with the implementation of Mitigation Measures
BIO-3 and BIO-5.
C. Mitigation Measures
Mitigation Measure BIO-3 (as listed above)
Mitigation Measure BIO-5
Project Lighting. Prior to issuance of a grading permit or building permit, whichever is applicable
for the particular lighting, the applicant shall submit an exterior lighting plan for City Planner
approval. All exterior lighting adjacent to off-site habitat associated with Kelly Creek to the west
shall be limited to low pressure sodium or alternative sources in the amber spectrum of the lowest
illumination allowed for human safety, selectively placed, shielded, and directed away from habitat
to the maximum extent practicable.
2.1.5 Conflict with Adopted Habitat Management Plan
A. Significant Impact. The proposed project may have impacts to non-sensitive upland habitat types
that require purchase of in-lieu fee credits under the HMP. There may be direct or indirect impacts
to nesting birds, including HMP species, off-site sensitive habitat may be impacted by construction
activities, and adjacent habitat may need protection from project lighting.
B. Facts in Support of Finding (1). The project’s potential impact associated with consistency with
HMP species requirements would be mitigated to a level less than significant with the
implementation of Mitigation Measures BIO-1, BIO-2, BIO-3, and BIO-5.
C. Mitigation Measures
Mitigation Measure BIO-1 (as listed above)
Mitigation Measure BIO-2 (as listed above)
Mitigation Measure BIO-3 (as listed above)
Mitigation Measure BIO-5 (as listed above)
Nov. 3, 2020 Item #6 Page 42 of 1999
2.2 Cultural Resources
2.2.1 Archaeological Resources
A. Significant Impact. The presence of previously recorded archaeological resources in the area
suggests a potential for the occurrence of previously undiscovered archaeological resources on
the project site.
B. Facts in Support of Finding (1). The project’s potential impact associated with previously
undiscovered archaeological resources would be mitigated to a level less than significant with the
implementation of Mitigation Measure CR-1.
C. Mitigation Measure
Mitigation Measure CR-1
The following shall be implemented to minimize impacts to subsurface tribal cultural resources:
a. Prior to the commencement of ground disturbing activities, the project developer shall
contract with a qualified professional archaeologist and shall enter into a Tribal Cultural
Resource Treatment and Monitoring Agreement (also known as a pre-excavation
agreement) with the San Luis Rey Band of Mission Indians, or another Traditionally and
Culturally Affiliated Native American tribe (“TCA Tribe”), for monitoring during ground
disturbing activities. The agreement will contain provisions to address the proper treatment
of any tribal cultural resources and/or Luiseño Native American human remains
inadvertently discovered during the course of the project. The agreement will outline the
roles and powers of the Luiseño Native American monitors and the archaeologist and shall
include the provisions below. A copy of said archaeological contract and Tribal Monitoring
agreement shall be provided to the City of Carlsbad prior to the issuance of a grading
permit.
b. A Luiseño Native American monitor shall be present during all ground disturbing activities
that may impact native soils. Ground disturbing activities may include, but are not limited
to, archaeological studies, geotechnical investigations, clearing, grubbing, trenching,
excavation, preparation for utilities and other infrastructure, and grading activities.
c. The landowner shall relinquish ownership of all cultural resources collected during ground
disturbing activities and from any previous archaeological studies or excavations on the
project site to the TCA Tribe referenced in CR-1(a) for proper treatment and disposition
per the Cultural Resources Treatment and Monitoring Agreement for reburial and treated
in accordance with the TCA Tribe’s cultural and spiritual traditions within an appropriate
protected location determined in consultation with the tribes and protected by open space
or easement, etc., where the cultural items will not be disturbed in the future, and shall not
be curated, unless ordered to do so by a federal agency or a court of competent
jurisdiction. When tribal cultural resources are discovered during the project, if the
archaeologist collects such resources, a Luiseño Native American monitor must be present
during any testing or cataloging of those resources.
d. All historical cultural resources uncovered by the archaeologist will be collected and
treated following the guidelines and regulations set forth under 36 CFR 79, federal
regulations for collection of cultural materials.
Nov. 3, 2020 Item #6 Page 43 of 1999
e. The archaeologist and Luiseño Native American monitor shall be present at the project’s
on-site preconstruction meeting to consult with grading and excavation contractors
concerning excavation schedules and safety issues, as well as consult with the principal
archaeologist concerning the proposed archaeologist techniques and/or strategies for the
project.
f. Luiseño Native American monitors and archaeological monitors shall have joint authority
to temporarily divert and/or halt construction activities within the immediate vicinity of a
find. If archaeological artifact deposits, cultural features or tribal cultural resources are
discovered during construction, all earth moving activity within 100 feet, or otherwise
determined appropriate and necessary by the archaeologist and Luiseño Native American
monitor, around the immediate discovery area must be diverted until the Luiseño Native
American monitor and the archaeologist can assess the nature and significance of the find.
g. If a significant tribal cultural resource(s) and/or unique archaeological resource(s) are
discovered during ground disturbing activities for the project, the San Luis Rey Band of
Mission Indians and the Rincon Band of Luiseno Indians shall be notified and consulted
with by the City regarding the significance of the resources, and the respectful and dignified
treatment of those resources. All sacred sites, significant tribal cultural resources and/or
unique archaeological resources encountered within the project area shall be avoided and
preserved as the preferred mitigation, if feasible. If however, a data recovery plan is
authorized by the City as the Lead Agency under CEQA, the contracted TCA Tribe
referenced in CR-1(a) shall be notified and consulted regarding the drafting and finalization
of any such recovery plan. For significant artifact deposits or cultural features that are part
of a data recovery plan, an adequate artifact sample to address research avenues
previously identified for sites in the area will be collected using professional archaeological
collection methods. If the Qualified Archaeologist collects such resources, the Luiseño
Native American monitor must be present during any testing or cataloging of those
resources. Moreover, if the Qualified Archaeologist does not collect the cultural resources
that are unearthed during the ground disturbing activities, the Luiseño Native American
monitor, may at their discretion, collect said resources and provide them to the contracted
TCA Tribe referenced in CR-1(a) for respectful and dignified treatment in accordance with
the Tribe’s cultural and spiritual traditions.
h. With the written permission of the TCA Tribe referenced in CR-1(a), the developer, and
with the approval of the City of Carlsbad, the archaeologist may make 3D scans of
agreed-upon unique archaeological resource(s). The archaeologist shall make prints from
the scans and shall submit the digital files and the associated prints for curation at the San
Diego County Archaeological Society. The archaeologist shall also provide the digital files
to the consulting tribes. The developer or designee shall bear the costs associated with
the scanning, printing and curation of the digital files and prints.
i. If suspected Native American human remains are encountered, California Health and
Safety Code Section 7050.5 states that no further disturbance shall occur until the San
Diego County Medical Examiner has made the necessary findings as to origin. Further,
pursuant to California PRC Section 5097.98(b) remains shall be left in place and free from
disturbance until a final decision as to the treatment and disposition has been made.
Suspected Native American remains shall be examined in the field and kept in a secure
location at the site. A Luiseño Native American monitor shall be present during the
examination of the remains. If the San Diego County Medical Examiner determines the
Nov. 3, 2020 Item #6 Page 44 of 1999
remains to be Native American, the Medical Examiner must contact the Native American
Heritage Commission (NAHC) within 24 hours. The NAHC must then immediately notify
the Most Likely Descendant (MLD) upon receiving notification of the discovery. The MLD
shall then make recommendations within 48 hours of being granted access to the site and
engage in consultation concerning treatment of remains as provided in PRC 5097.98. If
the MLD does not make recommendations within 48 hours, the area of the property must
be secured from further disturbance. If no recommendation is given, the property owner or
his or her authorized representative shall re-inter the human remains and items associated
with Native American burials with appropriate dignity on the property in a location not
subject to further subsurface disturbance in accordance with California Public Resources
Code Section 5097.98(e).
j. In the event that fill material is imported into the project area, the fill shall be clean of tribal
cultural resources and documented as such. Commercial sources of fill material are
already permitted as appropriate and will be culturally sterile. If fill material is to be utilized
and/or exported from areas within the project site, then that fill material shall be analyzed
and confirmed by an archaeologist and Luiseño Native American monitor that such fill
material does not contain tribal cultural resources.
k. No testing, invasive or noninvasive, shall be permitted on any recovered tribal cultural
resources without the written permission of the contracted TCA Tribe referenced in
CR-1(a).
l. Prior to the release of the grading bond, a monitoring report and/or evaluation report, if
appropriate, which describes the results, analysis, and conclusions of the monitoring
program shall be submitted by the archaeologist, along with the Luiseño Native American
monitor’s notes and comments, to the City of Carlsbad for approval. Confidential portions
of said report per state law shall be subject to confidentiality as an exception to the Public
Records Act and will not be available for public distribution.
2.2.2 Paleontological Resources
A. Significant Impact. Implementation of the proposed project would result in a potentially significant
paleontological resource impact in association with grading/excavation in previously undisturbed
areas of the Santiago Formation, which has a high sensitivity for paleontological resources. The
development of the proposed project may directly or indirectly negatively impact or destroy a yet
unidentified paleontological resource without proper mitigation.
B. Facts in Support of Finding (1). The project’s potential impact associated with paleontological
resources would be mitigated to a level less than significant with the implementation of Mitigation
Measures CR-2 through CR-7.
C. Mitigation Measures
Mitigation Measure CR-2
Prior to the issuance of a grading permit, the project applicant shall enter into a contract with a
qualified Principal Paleontologist to monitor the site, and provide a copy of the contract to the City
of Carlsbad. The paleontologist shall be present at the project’s on-site preconstruction meeting
to consult with grading and excavation contractors concerning excavation schedules, safety issues
and procedures, and shall monitor all grading that includes initial cutting into any area of the project
site, as the project site sits on paleontologically-sensitive Santiago Formation deposit. If any
Nov. 3, 2020 Item #6 Page 45 of 1999
paleontological resources are identified during these activities, the paleontologist shall temporarily
divert construction until the significance of the resources is ascertained.
Mitigation Measure CR-3
Paleontological monitoring shall occur only for those undisturbed sediments wherein fossil plant
or animal remains are found with no associated evidence of human activity or any archaeological
context.
Mitigation Measure CR-4
Paleontological monitors shall be equipped to salvage fossils as they are unearthed to avoid
construction delays and remove samples of sediments, which are likely to contain the remains of
small fossil invertebrates and vertebrates. Monitors shall be empowered to temporarily halt or
divert equipment to allow removal of abundant or large specimens. Monitoring may be reduced if
the potentially fossiliferous units described above are not present or if the fossiliferous units
present are determined by a qualified paleontological monitor to have low potential to contain fossil
resources.
Mitigation Measure CR-5
All recovered specimens shall be prepared to a point of identification and permanent preservation,
including washing of sediments to recover small invertebrates and vertebrates.
Mitigation Measure CR-6
Specimens shall be identified and curated into an established, accredited, professional museum
repository with permanent retrievable storage such as the San Diego Natural History Museum.
The paleontologist shall have a written repository agreement in hand prior to the issuance of a
grading permit and initiation of mitigation activities.
Mitigation Measure CR-7
Prior to the release of grading bonds, the paleontologist shall complete a report describing the
methods and results of the paleontological monitoring and data recovery program, and file a copy
of the report at the San Diego Natural History Museum.
2.2.3 Human Remains
A. Significant Impact. Implementation of the proposed project could inadvertently impact
undiscovered human remains during excavation and grading activities.
B. Facts in Support of Finding (1). The project’s potential impact associated with the disturbance
of human remains would be mitigated to a level less than significant with the implementation of
Mitigation Measure CR-8.
Nov. 3, 2020 Item #6 Page 46 of 1999
C. Mitigation Measure
Mitigation Measure CR-8
As summarized in section (i) of Mitigation Measure CR-1, if human remains or remains that are
potentially human are found during any ground disturbance associated with project development
activities, including the archaeological test or data recovery programs, the project proponent and
its agents must comply with PRC 5097.98 and California Health and Safety Code 7050.5.
a. The archaeologist in consultation with the Native American monitor(s) shall ensure
reasonable measures are taken so that the discovery location will be protected and
secured from further disturbance.
b. The archaeological project manager shall notify the County Medical Examiner.
c. If the remains are determined by the medical examiner to be of Native American ancestry,
the medical examiner will notify the NAHC within 24 hours.
d. The NAHC will designate and contact the MLD.
e. The property owner will provide the MLD with access to the discovery location, which will
have been protected from damage.
f. The MLD will make a recommendation for treatment of the remains within 48 hours of
being granted access to the property. The descendant’s preferences for treatment may
include the following:
i. The nondestructive removal and analysis of human remains and items associated with
Native American human remains.
ii. Preservation of Native American human remains and associated items in place.
iii. Relinquishment of Native American human remains and associated items to the
descendants for treatment.
iv. Other culturally appropriate treatment.
g. If the MLD does not make a recommendation within 48 hours, or if the recommendations
are not acceptable to the property owner following extended discussions and mediation
by the NAHC, the property owner will reinter the remains ad burial items with appropriate
dignity on the property, in a location not subject to further subsurface disturbance. The
location of reinterment will be protected by at least one of the three following measures:
i. Record the location with the NAHC or the SCIC.
ii. Utilize an open space or conservation zoning designation or easement.
iii. Record a reinternment document with San Diego County.
h. If multiple human remains are found, extended discussions will be held with the MLD. If
agreement on the treatment of these remains is not reached, they will be reinterred in
compliance with PRC 5097.98(e).
Nov. 3, 2020 Item #6 Page 47 of 1999
2.2.4 Tribal Cultural Resources
A. Significant Impact. Implementation of the proposed project could inadvertently impact
undiscovered Tribal Cultural Resources (TCRs) during ground disturbing activities such as
excavation and grading. If TCRs are encountered, the proposed project may result in potentially
significant impacts on TCRs.
B. Facts in Support of Finding (1). The project’s potential impact associated with the disturbance
of TCRs would be mitigated to a level less than significant with the implementation of Mitigation
Measures CR-1 and CR-8.
C. Mitigation Measure
Mitigation Measure CR-1 (as listed above)
Mitigation Measure CR-8 (as listed above)
2.3 Geology and Soils
2.3.1 Seismic Hazards
A. Significant Impact. According to the geotechnical evaluation report, there is a potential for
liquefaction to occur on the project site due to the relatively low density granular soils occurring
within the 100 feet of the soil profile, relatively high elevation of groundwater, and a potential for a
design seismic event of a sufficient duration and magnitude to induce straining of soil particles.
Therefore, the potential for liquefaction on the project site is considered a significant impact
because the materials underlying the site are considered liquefiable.
The area is identified as “generally susceptible” to landslides based on slopes perceived to be
near their stability limits because of weak materials or slope gradient. Although landslide deposits
were not noted within the project site during field work, there is potential for slope instability to
occur during site grading. The potential for slope instability on the project site is considered a
significant impact.
B. Facts in Support of Finding (1). The project’s potential impacts associated with liquefaction and
landslides would be mitigated to a level less than significant with the implementation of Mitigation
Measure GEO-1.
C. Mitigation Measure
Mitigation Measure GEO-1
Prior to approval of final engineering and grading plans for the project, the city’s Land Development
Engineering Department shall verify that all recommendations contained in the Update of the
Geotechnical Update Evaluation for Marja Acres (GeoSoils 2018) have been incorporated into all
final engineering and grading plans. The city’s soil engineer and engineering geologist shall review
grading plans prior to finalization to verify plan compliance with the recommendations of the report.
All future grading and construction of the project site shall comply with the geotechnical
recommendations contained in the geotechnical report. The report identifies specific measures for
mitigating geotechnical conditions on the project site and addresses grading, slope stability,
foundations, concrete slabs on grade, and retaining walls.
Nov. 3, 2020 Item #6 Page 48 of 1999
2.3.2 Unstable Geologic Unit or Soil
A. Significant Impact. The project site is covered in undocumented fill, surficial deposits of
colluvium, and near surface deposits of alluvium. According to the geotechnical evaluation
prepared for the proposed project, these are not considered suitable for the support of settlement
sensitive improvements or engineered fill in their existing state. Without mitigation, the presence
of these materials may have the potential to produce a potentially significant impact as a result of
unstable geologic units or soils.
B. Facts in Support of Finding (1). The project’s potential impact associated with an unstable
geologic unit or soil would be mitigated to a level less than significant with the implementation of
Mitigation Measure GEO-1.
C. Mitigation Measure
Mitigation Measure GEO-1 (as listed above)
2.3.3 Expansive Soils
A. Significant Impact. According to the geotechnical evaluation prepared for the proposed project,
the on-site soils exhibit Expansion Index values ranging from approximately 17 (very low) to 128
(high). The on-site soils meet the criteria of detrimentally expansive soils, as defined in Section
1803.5.3 of the 2016 CBC. Therefore, the presence of expansive soils on the project site has the
potential to create a substantial risk to life or property.
B. Facts in Support of Finding (1). The project’s potential impact associated with expansive soils
would be mitigated to a level less than significant with the implementation of Mitigation Measure
GEO-1.
C. Mitigation Measure
Mitigation Measure GEO-1 (as listed above)
2.4 Hazards and Hazardous Materials
2.4.1 Release of Hazardous Materials into the Environment
A. Significant Impact. Given the age of the existing structures on the project site (constructed circa
1950), asbestos-containing materials (ACMs) and lead based paint (LBP) are likely to be present
at the project site. The potential presence of ACMs and LBP on the project site is a significant
impact to the public and environment, specifically when existing structures are demolished as part
of the proposed project. Therefore, the proposed project has the potential to create a significant
hazard to the public or the environment through reasonably foreseeable upset and accident
conditions involving the release of ACMs and LBP into the environment.
B. Facts in Support of Finding (1). The project’s potential impacts associated with release of
hazardous materials into the environment would be mitigated to a level less than significant with
the implementation of Mitigation Measure HAZ-1.
Nov. 3, 2020 Item #6 Page 49 of 1999
C. Mitigation Measure
Mitigation Measure HAZ-1
Prior to the issuance of a demolition permit, a Hazardous Materials Assessment (surveys) would
be performed to determine the presence or absence of ACMs/LBP located in the buildings to be
demolished. Suspect materials that would be disturbed by the demolition activities would be
sampled and analyzed for asbestos content, or assumed to be asbestos containing. All lead
containing materials and asbestos containing materials scheduled for demolition must comply with
applicable regulations for demolition methods and dust suppression. Lead containing materials
and asbestos containing materials shall be managed in accordance with applicable regulations.
The ACM survey would be conducted by a person certified by the California Division of
Occupational Safety and Health. The LBP survey would be conducted by a person certified by the
California Department of Health Services. Copies of the surveys would be provided to the County
of San Diego Department of Environmental Health and San Diego Air Pollution Control District
once completed.
2.5 Hydrology and Water Quality
2.5.1 Violation of Water Quality Standards – Construction
A. Significant Impact. Implementation of the proposed project includes short-term construction
activities including grading and excavation. These activities could result in potential
erosion/sedimentation and discharge of construction-related hazardous materials (e.g., fuels,
grease, etc.) into local storm drains.
B. Facts in Support of Finding (1). The project’s potential impact associated with violation of water
quality standards would be mitigated to a level less than significant with the implementation of
Mitigation Measure WQ-1.
C. Mitigation Measure
Mitigation Measure WQ-1 (as listed above)
2.5.2 Violation of Water Quality Standards – Long-term Operations
A. Significant Impact. Once constructed, the proposed residential uses would likely generate certain
pollutants commonly found in similar developments that could affect water quality downstream
from the project site. With the inclusion of these uses, the proposed project has the potential to
result in long-term impacts on water quality due to the addition of pollutants typical of urban runoff.
B. Facts in Support of Finding (1). The project’s potential impact associated with long-term impacts
on water quality would be mitigated to a level less than significant with the implementation of
Mitigation Measure WQ-2.
C. Mitigation Measure
Mitigation Measure WQ-2
Prior to the issuance of grading permits or other approvals for any public or private right-of-way
improvements, whichever comes first, the developer shall prepare and submit for review and
approval of the Carlsbad City Engineer, SWQMP, grading and improvement plans that
demonstrate that pollutants will be controlled through compliance with the City of Carlsbad BMP
Nov. 3, 2020 Item #6 Page 50 of 1999
Design Manual. Approval of such plans shall be subject to a determination by the Carlsbad City
Engineer that the proposed project has implemented an integrated Low Impact Development (LID)
approach to meet criteria described in the City of Carlsbad BMP Design Manual. The proposed
project has incorporated LID strategies which include site design BMPs, source control BMPs and
pollutant control BMPs into the project design to the maximum extent practicable.
2.5.3 Alter Drainage Pattern Resulting in Erosion or Siltation
A. Significant Impact. Implementation of the proposed project would include construction activities,
such as excavation and trenching for foundations and utilities, soil compaction, cut and fill
activities, and grading, all of which would temporarily disturb soils. Disturbed soils are susceptible
to high rates of erosion from wind and rain, resulting in sediment transport from the site. Therefore,
the proposed project has the potential to result in significant adverse impacts related to erosion
and siltation. However, because the proposed project will disturb more than 1 acre of surface area,
it will be subject to the Construction General NPDES Permit requirements, including preparation
of a SWPPP.
B. Facts in Support of Finding (1). The project’s potential impact associated with erosion or siltation
would be mitigated to a level less than significant with the implementation of Mitigation Measure
WQ-1.
C. Mitigation Measure
Mitigation Measure WQ-1 (as listed above)
2.6 Land Use and Planning
2.6.1 Plan Consistency
A. Significant Impact. The project site is located within the Airport Overflight Notification Area and
Review Area 2 of the Airport Influence Area for McClellan-Palomar Airport. The Airport Land Use
Compatibility Plan (ALUCP) requires that all new residential properties located within the overflight
notification area be required to record a notice informing residents of the potential environmental
impacts related to the aircraft, and the property is subject to overflight, sight, and sound of aircraft
operating from the McClellan Palomar Airport.
B. Facts in Support of Finding (1). The project’s potential impact associated with residential
properties located in an overflight notification area would be mitigated to a level less than
significant with the implementation of Mitigation Measure LU-1.
C. Mitigation Measure
Mitigation Measure LU-1
New residents within the McClellan-Palomar Airport Overflight Notification Area as defined by the
ALUCP shall be notified as part of the real estate disclosure package that the project site is outside
the 60 dB(A) CNEL airport noise impact area, but still subject to intermittent single-event noise
impacts, sight and sound of aircraft operating from McClellan-Palomar Airport. The state statute
dictates that the following statement shall be provided:
NOTICE OF AIRPORT IN VICINITY: This property is presently located in the vicinity of an airport,
within what is known as an airport influence area. For that reason, the property may be subject to
some of the annoyances or inconveniences associated with proximity to airport operations (for
Nov. 3, 2020 Item #6 Page 51 of 1999
example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from
person to person. You may wish to consider what airport annoyances, if any, are associated with
the property before you complete your purchase and determine whether they are acceptable to
you.
This measure shall be implemented concurrent with the real estate disclosure package. Prior to
issuance of building permits, the City of Carlsbad Planning Division shall be responsible for
verification of implementation of this measure through the recordation of a Notice.
2.7 Noise
2.7.1 Conflicts with Noise Standards – Construction and Operation
A. Significant Impact. At the townhome façade locations, exterior noise levels would generally
exceed the applicable city noise standards (65 dBA CNEL for the commercial zone or 60 dBA
CNEL for the residential zone) for exterior use areas along the first, second and third rows with an
unobstructed exposure to El Camino Real. Because exterior noise levels are anticipated to exceed
60 dBA CNEL, interior noise levels are anticipated to exceed the state and city interior noise
standard of 45 dBA CNEL. The proposed project could also result in a significant impact
associated with on-site mechanical noise (HVAC equipment).
B. Facts in Support of Finding (1). The project’s potential impact associated with construction and
operation conflicts with noise standards would be mitigated to a level less than significant with the
implementation of Mitigation Measures NOI-1, NOI-2, and NOI-3.
C. Mitigation Measure
Mitigation Measure NOI-1
Prior to issuance of building permits for any residential buildings with usable outdoor patio or
balcony areas with a direct, unobstructed view of El Camino Real, a noise barrier with heights
ranging from 5 to 8 feet as shown on Figure 5: Noise Barrier Heights Necessary to Achieve Exterior
Noise Standards (Figure 5.11-3 of the EIR) of the Noise Technical Report for the Marja Acres
Community Plan (Dudek 2018), shall be incorporated into the building/architectural plans to
mitigate noise impacts. The noise barriers may be constructed of a material such as tempered
glass, acrylic glass (or similar material), masonry material, or manufactured lumber (or a
combination of these), with a surface density of at least 3 pounds per square foot. The noise
barriers shall have no openings, gaps, or cracks, and shall be installed prior to issuance of a
certificate of occupancy.
Mitigation Measure NOI-2
Prior to issuance of building permits for the residential units identified on Figure 6: Units Requiring
Subsequent Interior Noise Analysis (Figure 5.11-4 of the EIR) of the Noise Technical Report for
the Marja Acres Community Plan (Dudek 2018), a site specific noise study will be required to
ensure that the outside noise levels are below 60 dBA CNEL and interior noise levels are below
45 dBA CNEL. Any additional measures identified by the acoustical analysis that are necessary to
achieve an interior standard of 45 dBA CNEL shall be incorporated into the building/architectural
plans. The buildings will require air conditioning and/or mechanical ventilation and possibly sound
rated windows to mitigate the interior noise impact.
Nov. 3, 2020 Item #6 Page 52 of 1999
Mitigation Measure NOI-3
The project applicant shall retain an acoustical specialist to review project construction level plans
to ensure that the equipment specifications and plans for HVAC and other outdoor mechanical
equipment incorporate measures, such as the specification of quieter equipment or provision of
acoustical enclosures, that will not exceed relevant noise standards at nearby noise sensitive land
uses (e.g., residential). Prior to issuance of building permits, the acoustical specialist shall certify
in writing to the City of Carlsbad that the equipment specifications and plans incorporate measures
that will achieve the relevant noise limits.
2.8 Transportation/Circulation
2.8.1 Vehicle Miles Traveled
A. Significant Impact. The proposed project’s Vehicle Miles Traveled (VMT) per capita was
determined to be 20.70. The significance threshold of 85% of the City Average VMT per capita is
19.14; therefore, the proposed project would exceed the significance threshold by 7.54%.
B. Facts in Support of Finding (1). The project’s potential impact associated with VMT would be
mitigated to a level less than significant with the implementation of Mitigation Measures T-1
through T-3.
C. Mitigation Measures
Mitigation Measure T-1
Prior to issuance of a certificate of occupancy for the first market-rate unit, the project
applicant shall provide evidence to the City of Carlsbad's Land Development Engineering Division
that it will implement measure CAPCOA TRT-3: Provide Ride Sharing Programs. To satisfy this
requirement, the project will provide a ride-sharing program, which will be available to all residents,
that promotes ride-sharing through a multi-faceted approach, including but not limited to:
• Provide a web site or message board for coordinating rides.
• Assist residents with matching commutes with ridesharing opportunities.
• Promote rideshare/carpool programs.
• Promote the use of any carpool platforms or applications utilized by the Citywide
Transportation Demand Management program, such as RideAmigos, or equivalent.
The project applicant will fund the first three years of this mitigation measure, which amounts to a
total of $62,640 ($20,880/year), prior to issuance of a certificate of occupancy for the first
market-rate unit, and the project's homeowners association will then assess new residents to fund
the subsidy program in perpetuity upon issuance of the final certificate of occupancy for the 250th
market-rate unit.
The project's Transportation Coordinator, appointed by the homeowners' association, shall
oversee the ride sharing program and provide updates on the implementation and funding status
of this measure to the City of Carlsbad's Land Development Engineering Division consistent with
the provisions of Section 2.8 of the Carlsbad TDM Handbook.
Nov. 3, 2020 Item #6 Page 53 of 1999
Mitigation Measure T-2
Prior to issuance of a certificate of occupancy for the first market-rate unit, the project
applicant shall provide evidence to the City of Carlsbad's Land Development Engineering Division
that it will implement measure CAPCOA TRT-4: Implement Subsidized or Discounted Transit
Program. To satisfy this requirement, the project will provide subsidized/discounted monthly public
transit passes, which will be available to all residents.
The project applicant will fund the first three years of this mitigation measure, which amounts to a
total of $136,890 ($45,630/year), prior to issuance of a certificate of occupancy for the first
market-rate unit, and the project's homeowners association will then assess new residents to fund
the subsidy program in perpetuity upon issuance of the final certificate of occupancy for the 250th
market-rate unit.
The project's Transportation Coordinator, appointed by the homeowners'
association, shall oversee the transit subsidy program and provide updates on the implementation
and funding status of this measure to the City of Carlsbad's Land Development Engineering
Division consistent with the provisions of Section 2.8 of the Carlsbad TDM Handbook.
Mitigation Measure T-3
Prior to issuance of a certificate of occupancy for the first market-rate unit, the project
applicant shall provide evidence to the City of Carlsbad's Land Development Engineering Division
that it will implement measure CAPCOA TRT-7: Implement Commute Trip Reduction Marketing.
To satisfy this requirement, the project will promote and advertise transportation
options available to new and existing residents. Marketing strategies may include, but not be
limited to:
• Providing a website maintained by the HOA.
• Monthly email newsletter blasts.
• Promotional materials available in common areas.
• Information packets accompanying HOA documents for new residents.
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Nov. 3, 2020 Item #6 Page 55 of 1999
3 Effects Found Not to be Significant
The City finds, based on the substantial evidence appearing in Chapter 7.6 of the EIR, that the
following impacts on the following resources will not be significant: Mineral Resources and Recreation.
Based on the analysis contained in the EIR impacts to Aesthetics/Grading (Section 5.1), Agriculture
and Forestry Resources (Section 5.2), Air Quality (Section 5.3), Greenhouse Gas Emissions/Climate
Change (Section 5.7), Population/Housing (Section 5.12), Public Services (Section 5.13), and Utilities
and Service Systems (Section 5.15) were found to be less than significant.
Nov. 3, 2020 Item #6 Page 56 of 1999
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Nov. 3, 2020 Item #6 Page 57 of 1999
4 Findings Regarding Feasible Alternatives
Pursuant to CEQA Guidelines §15126.6(a), EIRs must “describe a range of reasonable alternatives
to the project, or to the location of the project, which would feasibly attain most of the basic objectives
of the project, but would avoid or substantially lessen any of the significant effects of the project, and
evaluate the comparative merits of the alternatives.”
The EIR considers a reasonable range of alternatives. The alternatives to the project are evaluated in
Chapter 6.0 of the EIR in terms of their ability to meet the basic objectives of the project, and eliminate
or further reduce its significant environmental effects. Based on these parameters, the following
alternatives were considered: (1) No Project/No Development Alternative, (2) Existing General Plan
(No Density Bonus/Maximum General Plan Residential Density and Commercial Intensity) Alternative,
(3) Reduced Project (No Density Bonus/Growth Management Control Point [GMCP] General Plan
Density) Alternative, (4) Previously Proposed Plan Alternative, and (5) Alternative Project Location.
4.1 No Project/No Development Alternative
The CEQA Guidelines require analysis of the No Project Alternative. According to Section 15126.6(e),
“the specific alternative of ‘no project’ shall also be evaluated along with its impacts. The ‘no project’
analysis shall discuss the existing conditions at the time the NOP is published, at the time
environmental analysis is commenced, as well as what would be reasonably expected to occur in the
foreseeable future if the proposed project was not approved, based on current plans and consistent
with available infrastructure and community services.”
The No Project/No Development Alternative assumes that the project site would not be developed
with the proposed project, and the project site would remain in its current condition and current uses.
The site is currently developed and/or disturbed and includes one existing home with associated
structures and various commercial-related uses including smaller retail/commercial businesses, a
restaurant, liquor store, pottery sales, flower stand and commercial nursery.
This alternative would not meet any of the objectives of the proposed project.
Therefore, the No Project/No Development Alternative is not recommended for approval.
4.2 Existing General Plan (No Density Bonus/Maximum
General Plan Residential Density and Commercial
Intensity) Alternative
The Existing General Plan (No Density Bonus/Maximum General Plan Residential Density and
Commercial Intensity) Alternative assumes that the project site would be developed pursuant to the
existing residential and commercial land use designations, at the density and intensity of the existing
Carlsbad General Plan and underlying zoning designations of the project site. The project site consists
of two parcels totaling 20.65 gross acres. As shown in Table 6-2 of the EIR, the existing Carlsbad
General Plan land use designations of the project site are R-15 Residential (8-15 dwelling units/acre),
developed at 15 dwelling units/acre and GC General Commercial. The existing zoning designations
of the project site are RD-M and C-2.
Under the existing Carlsbad General Plan land use designation of the project site, 180 dwelling units
could be constructed at the site based on the maximum density of 15 dwelling units/acre on 12 net
Nov. 3, 2020 Item #6 Page 58 of 1999
acres for the residential parcel, which would include 36 affordable units. No density bonus would be
applied. The 2015 Carlsbad General Plan update allocated an additional 100 dwelling units from the
EDUB over the 35 units assumed in the prior General Plan, so 45 dwelling units would need to be
withdrawn from the EDUB for this alternative. Additionally, this alternative considers the development
potential assumed under the Carlsbad General Plan of the 6.2 acres of commercial uses, which would
be approximately 45,000 net square feet of commercial uses with no mixed-use (residential) on the
commercial parcel. In summary, this alternative would allow a total of 180 dwelling units (which would
include 36 age-restricted affordable units), and 45,000 square foot of specialty retail.
Under this alternative, impacts would be similar as compared to the proposed project, although the
alternative would generate greater ADT, air emissions, and GHG emissions during operation as
compared to the proposed project. This alternative would not avoid or reduce any of the significant
project impacts. This alternative would not meet the following project objectives:
• Provide low-income and very-low income age-restricted affordable housing to implement the
Carlsbad General Plan and statewide housing goals.
• Design and implement a walkable mixed-use community that provides a balance of affordable
and market rate housing connected to community gathering areas and commercial amenities.
• Create a new mixed-use community consistent with the goals and policies of the Carlsbad
General Plan and LCP.
• Facilitate the establishment and operation of a community garden and vegetable stand to
serve residents as well as visitors to the proposed project’s commercial and gathering spaces.
• Provide pedestrian-scale, economically viable neighborhood commercial uses that serve
proposed project residents and visitors while also paying homage to past uses and structures
on the site.
• Design a community that encourages social interaction by integrating land use types and
mobility within the community
• Utilize context sensitive grading techniques and project design features to ensure compatibility
with adjacent residential land uses.
Therefore, the Existing General Plan (No Density Bonus/Maximum General Plan Residential Density
and Commercial Intensity) Alternative is not recommended for approval.
4.3 Reduced Project (No Density Bonus/Growth
Management Control Point General Plan Density)
Alternative
The Reduced Project (No Density Bonus/Growth Management Control Point [GMCP] General Plan
Density) assumes that the residentially designated portion of the project site would be developed at a
GMCP of 12 dwelling units per acre. The square footage and type of commercial uses would be
consistent with the currently proposed project.
Under this alternative, approximately 144 attached residential units (townhomes or condominiums)
would be developed, on the residential parcel, with approximately 29 units dedicated as affordable
units. This alternative would include approximately 25,000 square feet of commercial development on
Nov. 3, 2020 Item #6 Page 59 of 1999
the commercial parcel, consisting of 15,000 square feet of specialty retail and 10,000 square feet of
restaurant). No density bonus would be applied.
Under this alternative, impacts would be similar as compared to the proposed project, although it would
generate more ADT, air emissions, and GHG emissions. This alternative would not avoid or reduce
any of the significant project impacts. This alternative would not meet the following project objectives:
• Provide a quality residential community of attached single-family homes attainably priced for
young families and professionals.
• Provide low-income and very-low income age-restricted affordable housing to implement the
Carlsbad General Plan and statewide housing goals.
• Design and implement a walkable mixed-use community that provides a balance of affordable
and market rate housing connected to community gathering areas and commercial amenities.
• Create a new mixed-use community consistent with the goals and policies of the Carlsbad
General Plan and LCP.
• Provide pedestrian-scale, economically viable neighborhood commercial uses that serve
proposed project residents and visitors while also paying homage to past uses and structures
on the site.
• Utilize context sensitive grading techniques and project design features to ensure compatibility
with adjacent residential land uses.
Therefore, the Reduced Project (No Density Bonus/Growth Management Control Point General Plan
Density) Alternative is not recommended for approval.
4.4 Previously Proposed Plan Alternative
Under this alternative, a total of 218 dwelling units plus 15 inclusionary accessory residential dwelling
units (ADU) for a total of 233 dwelling units, and up to 16,000 square feet of commercial would be
developed as follows:
• 32 Single-Family Residences
• 151 Townhomes
• 35 age-restricted, inclusionary multi-family units,
• 15 ADUs(to complete the on-site inclusionary housing requirements)
• 8,000 square feet retail uses
• 8,000 square feet restaurant
This alternative would reduce the acreage and boundary of the existing General Commercial land use
are from 6.26 acres to 0.97 acres, which in turn would increase the R-15 residential area from 14.39
acres to 19.86 acres.
• This alternative requires an allocation of 83 dwelling units from the city’s Excess Dwelling Unit
Bank and the following approvals:
• General Plan Land Use Element Amendment to increase R-15 Residential and decrease the
GC Commercial acreages
Nov. 3, 2020 Item #6 Page 60 of 1999
• Zone Change to increase residential density-multiple (RD-M) and decrease General
Neighborhood Commercial (C-2) acreages;
• Specific Plan; and
• LCP Amendment
Under this alternative, impacts would be similar as compared to the proposed project, although this
alternative would generate more ADT, air emissions, and GHG emissions as compared to the
proposed project. This alternative would not avoid or reduce any of the significant project impacts.
This alternative would meet most of the basic objectives of the proposed project. However, this
alternative would not meet the following project objectives:
• Provide low-income and very-low income age-restricted affordable housing to implement the
Carlsbad General Plan and statewide housing goals.
• Create a new mixed-use community consistent with the goals and policies of the Carlsbad
General Plan and LCP.
• Utilize context sensitive grading techniques and project design features to ensure compatibility
with adjacent residential land uses.
Therefore, the Previously Proposed Plan Alternative is not recommended for approval.
4.5 Alternative Project Location
This alternative assumes development of the proposed project at an alternative location.
Section 15126.6(f)(2) of the CEQA Guidelines addresses alternative locations for a project. The key
question and first step in the analysis is whether any of the significant effects of the proposed project
would be avoided or substantially lessened by constructing the proposed project in another location.
Only locations that would avoid or substantially lessen any of the significant effects of the proposed
project need to be considered for inclusion in the EIR. Further, CEQA Guidelines Section 15126.6(f)(1)
states that among the factors that may be taken into account when addressing the feasibility of
alternative locations are whether the proposed project proponent can reasonably acquire, control or
otherwise have access to the alternative site (or the site is already owned by the proponent).
With respect to the proposed project, no significant, unmitigable impacts have been identified. Since
implementation of proposed mitigation will mitigate all significant environmental impacts to a less than
significant level. Additionally, the proposed project would be consistent with applicable plans, including
the Carlsbad General Plan and LCP.
Both the city, as the CEQA Lead Agency, and the Applicant have investigated the opportunity to
develop a similar project in the general project area. Criteria for a suitable alternative location include
a minimum site acreage of approximately 20 acres, accessibility, and availability of infrastructure.
The preliminary alternative site analysis determined that the site known as “Sunny Creek” would
generally meet the basic criteria in terms of site acreage, available access, and infrastructure. The
alternative location is not owned, or otherwise under the control of the applicant. The alternative site
location is shown on Figure 6-1 of the EIR. The site comprises approximately 17.6 gross acres, is
located adjacent to El Camino Real, and could access other utilities and infrastructure located within
the El Camino Real right of way. The site is currently vacant, with the exception of a 20-space
recreational vehicle (RV) storage located in the northeast corner of the site. There is currently no
Nov. 3, 2020 Item #6 Page 61 of 1999
infrastructure on the site or readily available to serve the project site, including the extension of College
Boulevard. Implementation of this proposed project will require removal of the recreational vehicles
that are currently stored at this location and the asphalt associated with the RV storage facility.
Per the recently adopted Carlsbad General Plan, the 17.6 acre site is designated as follows:
• 9.6 acres of the site are designated R-15 residential at 12/du/ac, and
• 8 acres of the site are designated as L-Local Shopping Center, and
• 20 percent inclusionary affordable housing units.
Therefore, this site could theoretically be developed with 115 dwelling units at 12 du/ac and
approximately 100,000 square feet of local commercial use. However, for analysis purposes it is
assumed that the proposed project’s density bonus and mixed-use characteristics would be developed
at this location. The acreages of the alternative site differ from the project site, so this alternative yields
a different number of dwelling units. Based on gross acreage, the maximum number of dwelling units
including a 35 percent density bonus for the residential acreage is 195 units, and for the commercial
acreage (based on 25 percent of the acreage) is 81 units, for a total of 276 dwelling units. Of the 276
units, 41 would be developed as age-restricted inclusionary housing units and the remaining 235 units
would be townhomes. Per the Carlsbad General Plan land use designation, the alternative location
should include a local shopping center, which requires a minimum of 60,000 square feet of leasable
area (per Table 2-4 of the Carlsbad General Plan Land Use Element).
Under this alternative, impacts would be similar as compared to the proposed project, although it would
generate more ADT, air emissions, and GHG emissions. Under this alternative, impacts on biological
resources would be greater compared to the proposed project. This alternative would avoid the
potential impact associated with hazardous materials (ACMs and LBP) and paleontological resources.
This alternative would meet most of the basic objectives of the proposed project. However, this
alternative would not meet the following project objectives:
• Provide low-income and very-low income age-restricted affordable housing to implement the
Carlsbad General Plan and statewide housing goals.
• Redevelop an infill site identified in the city’s Housing Element as underutilized with
much-needed housing and neighborhood commercial uses.
• Create a new mixed-use community consistent with the goals and policies of the Carlsbad
General Plan and LCP.
• Provide pedestrian-scale, economically viable neighborhood commercial uses that serve
proposed project residents and visitors while also paying homage to past uses and structures
on the site.
Therefore, the Alternative Project Location Alternative is not recommended for approval.
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Final EIR | Marja Acres Project 0.3 Mitigation Monitoring and Reporting Program
City of Carlsbad August 2020 | 0.3-3
Table 0.3-1. Mitigation Measures
Mitigation Measure Type Monitor Schedule Compliance Action
Verification of
Compliance
Remarks Initial Date
Aesthetics/Grading
No mitigation measures required.
Agriculture and Forestry Resources
No mitigation measures required.
Air Quality
No mitigation measures required.
Biological Resources
BIO-1 Nesting Bird and Raptor Avoidance. If initial grading and vegetation removal activities (i.e., earthwork, clearing, and grubbing) must occur during the general bird breeding season for migratory birds and raptors (January 15 and September 15), the project applicant shall retain a qualified biologist to perform a preconstruction survey of potential nesting habitat to confirm the absence of active nests belonging to migratory birds and raptors afforded protection under the MBTA and California FGC. The preconstruction survey shall be performed no more than 7 days prior to the commencement of grading and/or vegetation removal activities. If the qualified biologist determines no active migratory bird or raptor nests occur, the activities shall be allowed to proceed without any further requirements. Should an active nest of any MBTA-covered species occur within or adjacent to the project impact area, a 100-foot buffer (300 feet for raptors) shall be established around the nest, and no construction shall occur within this area until a qualified biologist determines the nest is no longer active or the young have fledged.
PC City of Carlsbad Planning Division Prior to construction If construction occurs during the general bird breeding season (January 15 and September 15), a qualified biologist shall conduct a preconstruction survey of potential nesting habitat no more than 7 days prior to the commencement of grading and/or vegetation removal activities to confirm the absence of active nests belonging to migratory birds and raptors afforded protection under the MBTA and California FGC.
BIO-2 Habitat Management Plan In-Lieu Mitigation Fee. Prior to recordation of a final map or issuance of a grading permit, whichever occurs first, the project applicant shall pay habitat in-lieu mitigation fees according to the ratios and amounts established by the Habitat Management Plan for Natural Communities in the City of Carlsbad.
PC City of Carlsbad Planning Division Prior to recordation of a final map or issuance of a grading permit
The project applicant shall pay habitat in-lieu mitigation fees according to the ratios and amounts established by the Habitat Management Plan for Natural Communities in the City of Carlsbad.
The following mitigation measure, in addition to Mitigation Measures WQ-1 and WQ-2 (described below under Hydrology/Water Quality) would reduce indirect impacts on biological resources.
BIO-3 Construction Fencing. The applicant shall show the locations of temporary construction fencing with the first submittal of grading plans. Temporary construction fencing (with silt barriers) shall be installed at the limits of project impacts (including construction staging areas and access routes) adjacent to sensitive habitat to prevent sensitive habitat impacts and the spread of silt from the construction zone into adjacent habitats. Fencing may be required at the western end of the project to separate project impacts from the off-site sensitive habitat of Kelly Creek. Fencing shall be installed in a manner that does not impact habitats to be avoided. The applicant shall submit to the City of Carlsbad for approval at least 30 days prior to grading permit issuance, the final plans for project construction. These final
PC City of Carlsbad Planning Division Prior to issuance of a grading permit
At least 30 days prior to grading permit issuance, the project applicant shall submit final plans for project construction showing the locations of temporary construction fencing to the City of Carlsbad for review and approval.
EX
H
I
B
I
T
B
Nov. 3, 2020 Item #6 Page 64 of 1999
Final EIR | Marja Acres Project 0.3 Mitigation Monitoring and Reporting Program
0.3-4 | August 2020 City of Carlsbad
Table 0.3-1. Mitigation Measures
Mitigation Measure Type Monitor Schedule Compliance Action
Verification of
Compliance
Remarks Initial Date
plans shall include photographs that show the fenced limits of impact and areas to be impacted or avoided.
Employees shall strictly limit their activities, vehicles, equipment, and construction materials to the fenced project footprint. All equipment maintenance, staging, and dispensing of fuel, oil, coolant, or any other such activities shall occur in designated areas within the fenced project impact limits. These designated areas shall be located in previously compacted and disturbed areas to the maximum extent practicable in such a manner to prevent any runoff from entering adjacent open space and shall be shown on the construction plans. Fueling of equipment shall take place within existing disturbed areas greater than 100 feet from Kelly Creek. Contractor equipment shall be checked for leaks prior to operation and repair, as necessary. “No-fueling zones” shall be designated on construction plans.
If work occurs beyond the fenced or demarcated limits of impact, all work shall cease until the problem has been remedied to the city’s satisfaction. Any impacts that occur to environmentally sensitive areas beyond the approved fence shall be mitigated in accordance with ratios specified in the Carlsbad HMP or as otherwise determined by the City of Carlsbad in coordination with the USFWS, USACE, RWQCB, and/or CDFW. Temporary construction fencing shall be removed upon project completion.
BIO-4 Regulatory Permitting and Compensatory Mitigation. Impacts on all or portions of the unnamed drainage ditch on the project site shall require the following agency notifications and permits prior to approval of the final map:
The project applicant shall prepare and submit notification to the USACE for unavoidable impacts on non-wetland WOUS. Based on the USACE’s CWA Section 404 NWP program, project activities would be covered under NWP 29 – Residential Developments, contingent upon waiver of the 300 linear feet limit for this permit.
The project applicant shall prepare and submit a CWA Section 401 Request for Water Quality Certification to the RWQCB for unavoidable impacts on non-wetland waters of the state.
The project applicant shall prepare and submit a California FGC Section 1602 Notification of Lake or Streambed Alteration to the CDFW for unavoidable impacts on unvegetated jurisdictional
streambed.
If required by the USACE, RWQCB, and/or CDFW in regulatory permits, the project applicant shall implement compensatory mitigation at a minimum ratio of 1:1 for the unavoidable loss of jurisdictional waters, which would include one or a combination of the following measures:
The project applicant shall purchase preservation, establishment/ re-establishment, rehabilitation, and/or enhancement credits from a mitigation bank approved by the USACE, RWQCB, and/or CDFW; and/or,
PC City of Carlsbad Planning Division Prior to approval of the final map Prior to the approval of the final map, the project applicant shall prepare and submit the following notifications and permits to regulatory agencies:
CWA Section 404 to the USACE
CWA Section 401 Request for Water Quality Certification to the RWQCB
California FGC Section 1602 Notification of Lake or Streambed Alteration to the CDFW
If required by the USACE, RWQCB, and/or CDFW in regulatory permits, the project applicant shall implement compensatory mitigation at a minimum ratio of 1:1 for the unavoidable loss of jurisdictional waters.
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Table 0.3-1. Mitigation Measures
Mitigation Measure Type Monitor Schedule Compliance Action
Verification of
Compliance
Remarks Initial Date
The project applicant shall implement permittee-responsible preservation, establishment, re-establishment, rehabilitation and/or enhancement at an on- or off-site location approved by the USACE, RWQCB, and/or CDFW, including preparation and implementation of a conceptual mitigation plan, habitat mitigation monitoring plan, restoration plan, and/or long-term management plan, unless otherwise specified by the USACE, RWQCB, and/or CDFW. A conservation easement, restrictive covenant, or other protection shall be recorded over the mitigation area, and the area shall be managed in perpetuity in accordance with the long-term management plan, unless otherwise specified by the USACE, RWQCB, and/or CDFW.
BIO-5 Project Lighting. Prior to issuance of a grading permit or building permit, whichever is applicable for the particular lighting, the applicant shall submit an exterior lighting plan for City Planner approval. All exterior lighting adjacent to off-site habitat associated with Kelly Creek to the west shall be limited to low pressure sodium or alternative sources in the amber spectrum of the lowest illumination allowed for human safety, selectively placed, shielded, and directed away from habitat to the maximum extent practicable.
PC City of Carlsbad
Planning Division
Prior to issuance of a grading permit or building permit
Prior to issuance of a grading permit or building permit, as applicable, the project applicant shall submit an exterior lighting plan to the City of Carlsbad for review and approval.
Cultural Resources
CR-1 The following shall be implemented to minimize impacts on subsurface cultural resources:
a) Prior to the commencement of ground-disturbing activities, the project developer shall contract with a qualified professional archaeologist and enter into a Tribal Cultural Resource Treatment and Monitoring Agreement (also known as a pre-excavation agreement), with the San Luis Rey Band of Mission Indians or another Traditionally and Culturally Affiliated Native American tribe (“TCA Tribe”), for monitoring during ground-disturbing activities. The agreement will contain provisions to address the proper treatment of any tribal cultural resources and/or Luiseño Native American human remains inadvertently discovered during the course of the project. The agreement will outline the roles and powers of the Luiseño Native American monitors and the archaeologist and shall include the provisions below. A copy of said archaeological contract and Tribal Monitoring agreement shall be provided to the City of Carlsbad prior to the issuance of a grading permit.
b) A Luiseño Native American monitor shall be present during all ground-disturbing activities. Ground-disturbing activities may include, but are not limited to, archaeological studies, geotechnical investigations, clearing, grubbing, trenching, excavation, preparation for utilities and other infrastructure, and grading activities.
c) The landowner shall relinquish ownership of all cultural resources collected during ground disturbing activities and from any previous archaeological studies or excavations on the project site to the contracted TCA Tribe referenced in CR-1(a) for proper treatment and disposition per the Cultural Resources Treatment and Monitoring Agreement for reburial and treated in accordance
PC City of Carlsbad Planning Division Prior to construction Prior to the commencement of ground-disturbing activities, the project developer shall contract with a qualified professional archaeologist and enter into a pre-excavation agreement with the San Luis Rey Band of Mission Indians or another TCA Tribe. A copy of the pre-excavation agreement will be provided to the City of Carlsbad Planning Division prior to the issuance of a grading permit.
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Table 0.3-1. Mitigation Measures
Mitigation Measure Type Monitor Schedule Compliance Action
Verification of
Compliance
Remarks Initial Date
with the TCA Tribe’s cultural and spiritual traditions within an appropriate protected location determined in consultation with the TCA Tribe and protected by open space or easement, etc., where the cultural items will not be disturbed in the future, and shall not be curated, unless ordered to do so by a federal agency or a court of competent jurisdiction. When tribal cultural resources are discovered during the project, if the archaeologist collects such resources, a Luiseño Native American monitor must be present during any testing or cataloging of those resources.
d) All historical cultural resources uncovered by the archaeologistwill be collected and treated following the guidelines andregulations set forth under 36 CFR 79, federal regulations forcollection of cultural materials.
e) The archaeologist and Luiseño Native American monitor shall bepresent at the project’s on-site preconstruction meeting to consultwith grading and excavation contractors concerning excavationschedules and safety issues, as well as consult with the principalarchaeologist concerning the proposed archaeologist techniquesand/or strategies for the project.
f) Luiseño Native American monitors and archaeological monitorsshall have joint authority to temporarily divert and/or haltconstruction activities within the immediate vicinity of a find. Ifarchaeological artifact deposits, cultural features or tribal culturalresources are discovered during construction, all earth-movingactivity within 100 feet, or otherwise determined appropriate andnecessary by the archaeologist and Luiseño Native Americanmonitor, around the immediate discovery area must be diverteduntil the Luiseño Native American monitor and the archaeologistcan assess the nature and significance of the find.
g) If a significant tribal cultural resource(s) and/or uniquearchaeological resource(s) are discovered duringground-disturbing activities for the project, the San Luis Rey Bandof Mission Indians and the Rincon Band of Luiseño Indians shallbe notified and consulted with by the city regarding thesignificance of the resources, and the respectful and dignifiedtreatment of those resources. All sacred sites, significant tribalcultural resources and/or unique archaeological resourcesencountered within the project area shall be avoided andpreserved as the preferred mitigation, if feasible. If however, adata recovery plan is authorized by the city as the Lead Agencyunder CEQA, the contracted TCA Tribe referenced in CR-1(a)shall be notified and consulted regarding the drafting andfinalization of any such recovery plan. For significant artifactdeposits or cultural features that are part of a data recovery plan,an adequate artifact sample to address research avenuespreviously identified for sites in the area will be collected usingprofessional archaeological collection methods. If the QualifiedArchaeologist collects such resources, the Luiseño NativeAmerican monitor must be present during any testing orcataloging of those resources. Moreover, if the QualifiedArchaeologist does not collect the cultural resources that areunearthed during the ground disturbing activities, the LuiseñoNative American monitor, may at their discretion, collect said
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Table 0.3-1. Mitigation Measures
Mitigation Measure Type Monitor Schedule Compliance Action
Verification of
Compliance
Remarks Initial Date
resources and provide them to the contracted TCA Tribe referenced in CR-1(a) for respectful and dignified treatment in accordance with the Tribe’s cultural and spiritual traditions.
h) With the written permission of the TCA Tribe referenced in CR-1(a), the developer, and with the approval of the City of Carlsbad, the archaeologist may make 3D scans of agreed-upon unique archaeological resource(s). The archaeologist shall make prints from the scans and shall submit the digital files and the associated prints for curation at the San Diego County Archaeological Society. The archaeologist shall also provide the digital files to the consulting tribes. The developer or designee shall bear the costs associated with the scanning, printing and curation of the digital files and prints.
i) If suspected Native American human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the San Diego County Medical Examiner has made the necessary findings as to origin. Further, pursuant to California PRC Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. Suspected Native American remains shall be examined in the field and kept in a secure location at the site. A Luiseño Native American monitor shall be present during the examination of the remains. If the San Diego County Medical Examiner determines the remains to be Native American, the Medical Examiner must contact the NAHC within 24 hours. The NAHC must then immediately notify the MLD upon receiving notification of the discovery. The MLD shall then make recommendations within 48 hours of being granted access to the site and engage in consultation concerning treatment of remains as provided in PRC 5097.98. If the MLD does not make recommendations within 48 hours, the area of the property must continue to be secured from further disturbance. If no recommendation is given, the property owner or his or her authorized representative shall re-inter the human remains and items associated with Native American burials with appropriate dignity on the property in a location not subject to further subsurface disturbance in accordance with California Public Resources Code Section 5097.98(e).
j) In the event that fill material is imported into the project area, the fill shall be clean of tribal cultural resources and documented as such. Commercial sources of fill material are already permitted as appropriate and will be culturally sterile. If fill material is to be utilized and/or exported from areas within the project site, then that fill material shall be analyzed and confirmed by an archaeologist and Luiseño Native American monitor that such fill material does not contain tribal cultural resources.
k) No testing, invasive or noninvasive, shall be permitted on any recovered tribal cultural resources without the written permission of the contracted TCA Tribe referenced in CR-1(a).
l) Prior to the release of the grading bond, a monitoring report and/or evaluation report, if appropriate, which describes the results, analysis, and conclusions of the monitoring program shall be submitted by the archaeologist, along with the Luiseño Native
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Table 0.3-1. Mitigation Measures
Mitigation Measure Type Monitor Schedule Compliance Action
Verification of
Compliance
Remarks Initial Date
American monitor’s notes and comments, to the City of Carlsbad for approval. Confidential portions of said report per state law shall be subject to confidentiality as an exception to the Public Records Act and will not be available for public distribution.
CR-2 Prior to the issuance of a grading permit, the project applicant shall enter into a contract with a qualified Principal Paleontologist to monitor the site, and provide a copy of the contact to the City of Carlsbad. The paleontologist shall be present at the project’s on-site preconstruction meeting to consult with grading and excavation contractors concerning excavation schedules, safety issues and procedures, and shall monitor all grading that includes initial cutting into any area of the project site, as the project site sits on paleontologically-sensitive Santiago Formation deposit. If any paleontological resources are identified during these activities, the paleontologist shall temporarily divert construction until the significance of the resources is ascertained.
PC City of Carlsbad Planning Division Prior to the issuance of a grading permit
During construction
activities
Prior to the issuance of a grading permit, evidence of a contract between the project applicant and a qualified Principal Paleontologist to carry out the monitoring shall be provided to the Planning Division.
During construction, a qualified paleontologist shall monitor all grading that includes initial cutting into any area of the project site.
CR-3 Paleontological monitoring shall occur only for those undisturbed sediments wherein fossil plant or animal remains are found with no associated evidence of human activity or any archaeological context.
PC City of Carlsbad Planning Division During construction activities
Prior to issuance of a grading permit, the developer and contractor shall both provide a statement agreeing to comply in full, that paleontological monitoring shall occur only for those undisturbed sediments wherein fossil plant or animal remains are found with no associated evidence of human activity or any archaeological context.
CR-4 Paleontological monitors shall be equipped to salvage fossils as they are unearthed to avoid construction delays and remove samples of sediments, which are likely to contain the remains of small fossil invertebrates and vertebrates. Monitors shall be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. Monitoring may be reduced if the potentially fossiliferous units described above are not present or if the fossiliferous units present are determined by a qualified paleontological monitor to have low potential to contain fossil resources.
PC City of Carlsbad Planning Division During construction activities
Prior to issuance of a grading permit, the developer and contractor shall both provide a statement agreeing to comply in full, that paleontological monitors shall be equipped to salvage fossils as they are unearthed to avoid construction delays, and to remove samples of sediments which are likely to contain the remains of small fossil invertebrates and vertebrates.
CR-5 All recovered specimens shall be prepared to a point of identification and permanent preservation, including washing of sediments to
recover small invertebrates and vertebrates.
PC City of Carlsbad Planning Division During construction
activities
Prior to issuance of a grading permit, the developer and contractor shall both provide a statement agreeing to comply in full, that all recovered specimens shall be prepared to a point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates.
CR-6 Specimens shall be identified and curated into an established, accredited, professional museum repository with permanent retrievable storage, such as the San Diego Natural History Museum. The paleontologist shall have a written repository agreement in hand prior to the issuance of a grading permit and initiation of mitigation activities.
PC City of Carlsbad Planning Division During construction activities
Prior to issuance of a grading permit, the developer and contractor shall both provide a statement agreeing to comply in full, that specimens shall be identified and curated into an established, accredited, professional museum with permanent retrievable storage. The paleontologist shall have a written repository agreement in hand prior to the issuance of a grading permit and initiation of mitigation activities.
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Table 0.3-1. Mitigation Measures
Mitigation Measure Type Monitor Schedule Compliance Action
Verification of
Compliance
Remarks Initial Date
CR-7 Prior to the release of grading bonds, the paleontologist shall complete a report describing the methods and results of the paleontological monitoring and data recovery program, and file a copy of the report at the San Diego Natural History Museum.
PC City of Carlsbad Planning and Land Development Engineering
Divisions
Prior to the release of grading bonds
Post paleontological monitoring and prior to release of grading bonds, a qualified paleontologist shall complete a report describing the methods and results of the monitoring and data recovery program. The developer or paleontologist shall submit evidence to the Planning Division to verify that the report has been submitted to the San Diego Natural History Museum.
CR-8 As summarized in section (i) of Mitigation Measure CR-1, if human remains or remains that are potentially human are found during any ground disturbance associated with project development activities, including the archaeological test or data recovery programs, the project proponent and its agents must comply with PRC 5097.98 and California Health and Safety Code 7050.5.
a) The archaeologist in consultation with the Native American monitor(s) shall ensure reasonable measures are taken so that the discovery location will be protected and secured from further disturbance.
b) The archaeological project manager shall notify the County Medical Examiner.
c) If the remains are determined by the medical examiner to be of Native American ancestry, the medical examiner will notify the NAHC within 24 hours.
d) The NAHC will designate and contact the MLD.
e) The property owner will provide the MLD with access to the discovery location, which will have been protected from damage.
f) The MLD will make a recommendation for treatment of the remains within 48 hours of being granted access to the property. The descendant’s preferences for treatment may include the following:
i) The nondestructive removal and analysis of human remains and items associated with Native American human remains.
ii) Preservation of Native American human remains and associated items in place.
iii) Relinquishment of Native American human remains and associated items to the descendants for treatment.
iv) Other culturally appropriate treatment.
g) If the MLD does not make a recommendation within 48 hours, or if the recommendations are not acceptable to the property owner following extended discussions and mediation by the NAHC, the property owner will reinter the remains ad burial items with appropriate dignity on the property, in a location not subject to further subsurface disturbance. The location of reinterment will be protected by at least one of the three following measures:
i) Record the location with the NAHC or the SCIC.
PC City of Carlsbad Planning Division During construction activities
If human remains or remains that are potentially human are found during any ground disturbance associated with project development activities, including the archaeological test or data recovery programs, the project proponent and its agents must comply with PRC 5097.98 and California Health and Safety Code 7050.5.
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Table 0.3-1. Mitigation Measures
Mitigation Measure Type Monitor Schedule Compliance Action
Verification of
Compliance
Remarks Initial Date
ii) Utilize an open space or conservation zoning designation or easement.
iii) Record a reinternment document with San Diego County.
h) If multiple human remains are found, extended discussions will be held with the MLD. If agreement on the treatment of these remains is not reached, they will be reinterred in compliance with PRC 5097.98(e).
Geology/Soils
GEO-1 Prior to approval of final engineering and grading plans for the project, the city’s Land Development Engineering Division shall verify that all recommendations contained in the Update of the Geotechnical Update
Evaluation for Marja Acres (GeoSoils 2018) have been incorporated into all final engineering and grading plans. The city’s soil engineer and engineering geologist shall review grading plans prior to finalization to verify plan compliance with the recommendations of the report. All future grading and construction of the project site shall comply with the geotechnical recommendations contained in the geotechnical report. The report identifies specific measures for mitigating geotechnical conditions on the project site and addresses grading, slope stability, foundations, concrete slabs-on-grade, and retaining walls.
PD & PC City of Carlsbad Land Development Engineering Division
Prior to approval of final engineering and grading plans
The City Engineer or designee shall review grading plans prior to finalization to verify plan compliance with the recommendations of the report.
Greenhouse Gas Emissions/Climate Change
No mitigation measures are required.
Hazards and Hazardous Materials
HAZ-1 Hazardous Materials Assessment. Prior to the issuance of a demolition permit for the existing buildings, a Hazardous Materials Assessment (surveys) would be performed to determine the presence or absence of ACMs/LBP located in the buildings to be demolished.
PC City of Carlsbad Planning Division Prior to the issuance of a demolition permit
Prior to the issuance of a demolition permit for the existing buildings, a Hazardous Materials Assessment (surveys) shall be performed to determine the presence or absence of ACMs/LBP located in the buildings to be
Nov. 3, 2020 Item #6 Page 71 of 1999
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Table 0.3-1. Mitigation Measures
Mitigation Measure Type Monitor Schedule Compliance Action
Verification of
Compliance
Remarks Initial Date
Suspect materials that would be disturbed by the demolition activities would be sampled and analyzed for asbestos content, or assumed to be asbestos containing. All lead containing materials and ACMs scheduled for demolition must comply with applicable regulations for demolition methods and dust suppression. Lead containing materials and ACMs shall be managed in accordance with applicable regulations. The ACM survey would be conducted by a person certified by the California Division of Occupational Safety and Health. The LBP survey would be conducted by a person certified by the California Department of Health Services. Copies of the surveys would be provided to the County of San Diego Department of Environmental Health and San Diego Air Pollution Control District once completed.
demolished. The project applicant shall submit evidence to the Planning Division verifying that copies of the surveys have been submitted to the County of San Diego Department of Environmental Health and
San Diego Air Pollution Control District once completed.
Hydrology and Water Quality
WQ-1 Prior to issuance of a grading permit for any phase of the development, the applicant shall prepare and submit for review and approval of the Carlsbad City Engineer, a SWPPP to demonstrate that pollutants will be controlled through compliance with the City of Carlsbad Stormwater Management and Discharge Control Ordinance, General Construction Stormwater Permit (Order No. 2012-0006-DWQ, NPDES CAS000002), and the General Municipal Stormwater Permit (R9-2013-0001, as amended by Order Nos. R9-2015-0001 and R9-2015-0100, NPDES No. CAS0109266). The applicant shall be responsible for monitoring and maintaining the BMP erosion control measures identified below on a weekly basis in accordance with the city’s grading and erosion control requirements (Municipal Code Section 15.16. et seq.). The locations of all erosion control devices shall be noted in the SWPPP referenced on the grading plans. BMPs that shall be installed include, but are not limited to, the following:
Silt fence, fiber rolls, or gravel bag berms
Street sweeping and vacuuming
Storm drain inlet protection
Stabilized construction entrance/exit
Hydroseed, soil binders, or straw mulch
Containment of material delivery and storage areas
Stockpile management
Spill prevention and control
Waste management for solid, liquid, hazardous, and sanitary waste-contaminated soil
Concrete waste management
PD & PC City of Carlsbad Land Development Engineering Division
Prior to issuance of a grading permit for any phase of the development
Prior to issuance of a grading permit for any phase of development, the project applicant shall prepare and submit for review and approval of the Carlsbad City Engineer, a SWPPP to control pollutants in compliance with the city’s Stormwater Management and Discharge Control Ordinance, General Construction Stormwater Permit, and the General Municipal Stormwater Permit. The applicant shall be responsible for BMP erosion control measures on a weekly basis.
WQ-2 Prior to the issuance of grading permits or other approvals for any public or private right-of-way improvements, whichever comes first, the developer shall prepare and submit for review and approval of the Carlsbad City Engineer, SWQMP, grading and improvement plans that demonstrate that pollutants will be controlled through compliance with the City of Carlsbad BMP Design Manual. Approval of such plans shall be subject to a determination by the Carlsbad City Engineer that
PD & PC City of Carlsbad Land Development Engineering Division
Prior to issuance of a grading permit or other approvals for any public or private
Prior to issuance of a grading permit or other approvals for any public or private right-of-way improvements, the project applicant shall prepare and submit for review and approval of the Carlsbad City Engineer, SWQMP, grading and improvement plans that demonstrate that
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Table 0.3-1. Mitigation Measures
Mitigation Measure Type Monitor Schedule Compliance Action
Verification of
Compliance
Remarks Initial Date
the proposed project has implemented an integrated LID approach to meet criteria described in the City of Carlsbad BMP Design Manual. The proposed project has incorporated LID strategies which include site design BMPs, source control BMPs and pollutant control BMPs
into the project design to the maximum extent practicable.
right-of-way improvements pollutants will be controlled through compliance with the City of Carlsbad BMP Design Manual.
Land Use Planning
LU-1 New residents within the McClellan-Palomar Airport Overflight Notification Area as defined by the ALUCP shall be notified as part of the real estate disclosure package that the project site is outside the 60 dB(A) CNEL airport noise impact area, but still subject to intermittent single-event noise impacts, sight, and sound of aircraft operating from McClellan-Palomar Airport. The state statute dictates that the following statement shall be provided:
NOTICE OF AIRPORT IN VICINITY: This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you.
This measure shall be implemented concurrent with the real estate disclosure package. Prior to issuance of building permits, the City of Carlsbad Planning Division shall be responsible for verification of implementation of this measure through the recordation of a Notice.
PD & PC City of Carlsbad Planning Division Prior to issuance of a building permit
Prior to issuance of a building permit, the City of Carlsbad Planning Division shall verify through the recordation of a Notice and verify inclusion within the project CC&Rs that new residents within the McClellan-Palomar Airport Overflight Notification Area as defined by the ALUCP are notified as part of the real estate disclosure package that the project is outside the 60 dB(A) CNEL airport noise impact area, but still subject to intermittent single-event noise impacts, sight and sound of aircraft operating from McClellan-Palomar Airport.
Noise
NOI-1 Prior to issuance of building permits for any residential buildings with usable outdoor patio or balcony areas with a direct, unobstructed view of El Camino Real, a noise barrier with heights ranging from 5 to 8 feet as shown on Figure 5: Noise Barrier Heights Necessary to Achieve Exterior Noise Standards Figure 5.11-3 of this EIR) of the Noise
Technical Report for the Marja Acres Community Plan (Dudek 2018), shall be incorporated into the building/architectural plans to mitigate noise impacts. The noise barriers may be constructed of a material such as tempered glass, acrylic glass (or similar material), masonry material, or manufactured lumber (or a combination of these), with a surface density of at least 3 pounds per square foot. The noise barriers shall have no openings, gaps, or cracks, and shall be installed prior to issuance of a certificate of occupancy.
PD&PC City of Carlsbad Planning Division and Building Division
Prior to issuance of building permits
Prior to issuance of a certificate of occupancy
Prior to issuance of building permits for any residential buildings with usable outdoor patio or balcony areas with a direct, unobstructed view of El Camino Real, a noise barrier with heights ranging from 5 to 8 feet as shown on Figure 5: Noise Barrier Heights Necessary to Achieve Exterior Noise Standards of the Noise
Technical Report for the Marja Acres Community Plan (Dudek 2018) shall be incorporated into the
building/architectural plans to mitigate noise impacts.
The noise barriers shall be installed prior to issuance of a certificate of occupancy.
NOI-2 Prior to issuance of building permits for the residential units identified on Figure 6: Units Requiring Subsequent Interior Noise Analysis (Figure 5.11-4 of this EIR) of the Noise Technical Report for the Marja
Acres Community Plan (Dudek 2018), a site specific noise study will be required to ensure that the outside noise levels are below 60 dBA CNEL and interior noise levels are below 45 dBA CNEL. Any additional measures identified by the acoustical analysis that are necessary to achieve an interior standard of 45 dBA CNEL shall be incorporated into the building/architectural plans. The buildings will
PD City of Carlsbad Planning Division and Building Division
Prior to issuance of building permits
Prior to issuance of building permits for the residential units identified on Figure 6: Units Requiring Subsequent Interior Noise Analysis of the Noise Technical Report
for the Marja Acres Community Plan (Dudek 2018), a site specific noise study shall be completed by the project applicant and approved by the Building Division.
Any additional measures identified by the acoustical analysis that are necessary to achieve an interior
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Table 0.3-1. Mitigation Measures
Mitigation Measure Type Monitor Schedule Compliance Action
Verification of
Compliance
Remarks Initial Date
require air-conditioning and/or mechanical ventilation and possibly sound-rated windows to mitigate the interior noise impact. standard of 45 dBA CNEL shall be incorporated into the building/architectural plans to mitigate noise impacts.
NOI-3 The project applicant shall retain an acoustical specialist to review
project construction-level plans to ensure that the equipment specifications and plans for HVAC and other outdoor mechanical equipment incorporate measures, such as the specification of quieter equipment or provision of acoustical enclosures, that will not exceed relevant noise standards at nearby noise-sensitive land uses (e.g., residential). Prior to issuance of building permits, the acoustical specialist shall certify in writing to the City of Carlsbad that the equipment specifications and plans incorporate measures that will achieve the relevant noise limits.
PD City of Carlsbad Planning Division and Building Division
Prior to issuance of building permits
Prior to issuance of building permits, an acoustical specialist shall review project construction-level plans to ensure that the equipment specifications and plans for HVAC and other outdoor mechanical equipment incorporate measures that will not exceed relevant noise standards at nearby noise-sensitive land uses. The acoustical specialist shall certify in writing to the City of Carlsbad that the equipment specifications and plans incorporate measures that will achieve the relevant noise limits.
Population/Housing
No mitigation measures are required.
Public Services
No mitigation measures are required.
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Table 0.3-1. Mitigation Measures
Mitigation Measure Type Monitor Schedule Compliance Action
Verification of
Compliance
Remarks Initial Date
Transportation/Circulation
T-1 Prior to issuance of a certificate of occupancy for the first market-rate unit, the project applicant shall provide evidence to the City of Carlsbad's Land Development Engineering Division that it will implement measure CAPCOA TRT-3: Provide Ride Sharing Programs. To satisfy this requirement, the project will provide a ride-sharing program, which will be available to all residents, that promotes ride-sharing through a multi-faceted approach, including but not limited to:
Provide a web site or message board for coordinating rides.
Assist residents with matching commutes with ridesharing opportunities.
Promote rideshare/carpool programs.
Promote the use of any carpool platforms or applications utilized by the Citywide Transportation Demand Management program, such as RideAmigos, or equivalent.
The project applicant will fund the first three years of this mitigation measure, which amounts to a total of $62,640 ($20,880/year), prior to issuance of a certificate of occupancy for the first market-rate unit, and the project's homeowners association will then assess new residents to fund the subsidy program in perpetuity upon issuance of the final certificate of occupancy for the 250th market-rate unit.
The project's Transportation Coordinator, appointed by the homeowners' association, shall oversee the ride sharing program and provide updates on the implementation and funding status of this
measure to the City of Carlsbad's Land Development Engineering Division consistent with the provisions of Section 2.8 of the Carlsbad TDM Handbook.
PD&OM City of Carlsbad Land Development Engineering Division
Prior to issuance of a certificate of occupancy
Prior to issuance of a certificate of occupancy for the first market-rate unit, the project applicant shall provide evidence to the City of Carlsbad's Land Development Engineering Division that it has implemented measure CAPCOA TRT-3: Provide Ride Sharing Programs.
T-2 Prior to issuance of a certificate of occupancy for the first market-rate unit, the project applicant shall provide evidence to the City of Carlsbad's Land Development Engineering Division that it will implement measure CAPCOA TRT-4: Implement Subsidized or Discounted Transit Program. To satisfy this requirement, the project will provide subsidized/discounted monthly public transit passes, which will be available to all residents.
The project applicant will fund the first three years of this mitigation measure, which amounts to a total of $136,890 ($45,630/year), prior to issuance of a certificate of occupancy for the first market-rate unit, and the project's homeowners association will then assess new residents to fund the subsidy program in perpetuity upon issuance of the final certificate of occupancy for the 250th market-rate unit.
The project's Transportation Coordinator, appointed by the homeowners' association, shall oversee the transit subsidy program and provide updates on the implementation and funding status of this measure to the City of Carlsbad's Land Development Engineering Division consistent with the provisions of Section 2.8 of the Carlsbad TDM Handbook.
PD&OM City of Carlsbad Land Development Engineering Division
Prior to issuance of a certificate of occupancy
Prior to issuance of a certificate of occupancy for the first market-rate unit, the project applicant shall provide evidence to the City of Carlsbad's Land Development Engineering Division that it will implement measure CAPCOA TRT-4: Implement Subsidized or Discounted Transit Program.
Nov. 3, 2020 Item #6 Page 75 of 1999
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Final EIR | Marja Acres Project 0.3 Mitigation Monitoring and Reporting Program
0.3-16 | August 2020 City of Carlsbad
This page is intentionally blank.
Nov. 3, 2020 Item #6 Page 77 of 1999
Nov. 3, 2020 Item #6 Page 78 of 1999
PLANNING COMMISSION RESOLUTION NO. 7382
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE
TRACT MAP, RESIDENTIAL PLANNED DEVELOPMENT PERMIT,
NONRESIDENTIAL PLANNED DEVELOPMENT PERMIT, SITE
DEVELOPMENT PLAN, COASTAL DEVELOPMENT PERMIT, HILLSIDE
DEVELOPMENT PERMIT AND SPECIAL USE PERMITTO DEVELOP A MIXED-
USE PROJECT CONSISTING OF 248 TOWNHOMES, 46 AFFORDABLE
SENIOR APARTMENTS, AND 10,000 SQUARE FEET OF SPECIALTY
COMMERCIAL USES ON 20.65 ACRES AT 4901 EL CAMINO REAL,
GENERALLY LOCATED SOUTH OF EL CAMINO REAL EAST OF KELLY DRIVE,
NORTH OF PARK DRIVE, AND WEST OF WEST RANCH STREET /LISA STREET,
WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND
IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: MARJA ACRES
CASE NO.: CT 16-07 /PUD 16-09/PUD 2018-0007 /SDP 2018-0001/
CDP 16-33/HDP 16-02/SUP 16-02 (DEV16038)
WHEREAS, NUWI Carlsbad, LLC, "Developer," has filed a verified application with the City of
Carlsbad regarding property owned by Michael W. and Marja D. Selna Family Trust 09-10-81 and
Hoffman Legacy Trust 12-17-12, "Owner," described as
PARCEL 1:
PARCEL "B" OF CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 30, 2013 AS
DOCUMENT NO. 2013-0338927 OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF PARCEL 2 OF CERTIFICATE OF COMPLIANCE
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER
22, 1982 AS FILE NO. 82-293200 OFFICIAL RECORDS, SAID POINT ALSO BEING THE
NORTHEAST CORNER OF SAID PARCEL "B"; THENCE SOUTH 01°58'54" WEST 315.79
FEET; THENCE SOUTH 64°58'15" WEST 1291.66 FEET; THENCE NORTH 76° 18'48" WEST
361.82 FEET; THENCE NORTH 18°32'12" EAST 525.56 FEET; THENCE NORTH 83°17'35"
EAST 654.12 FEET; THENCE NORTH 87°30'41" EAST 333.00 FEET; THENCE NORTH
77°50'00" EAST 275.01 FEET; THENCE NORTH 01°58'54" EAST 124.51 FEET; THENCE
NORTH 87°27'37" EAST 110.00 FEET TO THE NORTHEAST CORNER OF SAID PARCEL "B".
APN: 207-101-35-00
PARCEL 2:
PARCEL "A" OF CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 30, 2013 AS
DOCUMENT NO. 2013-0338927 OFFICIAL RECORDS; PARCEL "A" CONSISTS OF PARCEL 1
OF PARCEL MAP NO. 3451 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 31, 1975 AS FILE NO. 75-023997 OFFICIAL RECORDS AND A PORTION
OF PARCEL 2 OF CERTIFICATE OF COMPLIANCE FILED IN THE OFFICE OF THE COUNTY
Nov. 3, 2020 Item #6 Page 79 of 1999
RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 22, 1982 AS FILE NO. 82-293200
OFFICIAL RECORDS, TOGETHER WITH THAT PORTION OF LOTS I AND E OF RANCHO
AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP NO. 823, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY NOVEMBER 16, 1986, LYING WITHIN EL CAMINO
REAL (COUNTY ROAD SURVEY NO. 682) AS VACATED AND ABANDONED BY RESOLUTION
RECORDED DECEMBER 21, 1976 AS FILE NO. 76-428052 OFFICIAL RECORDS; PARCEL "A"
IS DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL
1; THENCE ALONG THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID
PARCEL 1, NORTH 18°32'12" EAST, 11.32 FEET TO A POINT ON THE ARC OF A NON-
TANGENT 1673.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID
POINT BEARS SOUTH 26°43'20" WEST, SAID CURVE BEING SOUTHERLY AND
CONCENTRIC WITH THE CENTERLINE OF ROAD SURVEY 1800-1, ON FILE IN THE OFFICE
OF COUNTY SURVEYOR OF SAN DIEGO COUNTY; THENCE EASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 22°59'39" AN ARC DISTANCE OF 671.41 FEET TO A
POINT ON THE NORTHERLY LINE OF SAID PARCEL 1, A RADIAL LINE TO SAID POINT BEARS
NORTH 3°43'41" EAST; THENCE NON-TANGENT TO SAID CURVE AND CONTINUING
ALONG THE NORTHERLY LINE OF SAID PARCEL 1 NORTH 87°27'37" EAST, 205.36 FEET TO
THE NORTHEAST CORNER OF SAID PARCEL 1, SAID POINT ALSO BEING THE NORTHWEST
CORNER OF SAID PARCEL 2; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 2
NORTH 87°27'37" EAST, 263.56 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH
01°58'54" WEST, 124.51 FEET; THENCE SOUTH 77°50'00" WEST, 257.37 FEET TO THE
SOUTHEAST CORNER OF SAID PARCEL 1; THENCE SOUTH 77°50'00" WEST, 17.64 FEET;
THENCE SOUTH 87°27'37" WEST, 333.00 FEET; THENCE SOUTH 83°17'35" WEST, 654.12
FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 1, SAID POINT ALSO BEING THE
NORTHWEST CORNER OF SAID PARCEL 2; THENCE NORTH 18°32'12" EAST, 440.00 FEET
TO THE POINT OF BEGINNING.
APN: 207-101-37-00
("the Property"); and
WHEREAS, said verified application constitutes a request for a Tentative Tract Map, Residential
Planned Development Permit, Nonresidential Planned Development Permit, Site Development Plan,
Coastal Development Permit, Hillside Development Permit and Special Use Permit as shown on Exhibit(s)
"A" -"CCCCCC" dated September 16, 2020, on file in the Planning Division CT 16-07 /PUD 16-09/PUD
2018-0007/SDP2018-0001/CDP 16-33/HDP 16-02/SUP 16-02 -MARJA ACRES, as provided by Chapters
20.12, 21.06, 21.28, 21.45, 21.47, 21.84, 21.85, 21.86, 21.95 and 21.203 of the Carlsbad Municipal Code;
and
WHEREAS, the Planning Commission did, on September 16, 2020, hold a duly noticed public
hearing as prescribed by law to consider said request; and
PC RESO NO. 7382 -2-
Nov. 3, 2020 Item #6 Page 80 of 1999
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, Residential Planned Development Permit, Nonresidential Planned Development Permit, Site
Development Plan, Coastal Development Permit, Hillside Development Permit and Special Use Permit.
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
RECOMMENDS APPROVAL of CT 16-07 /PUD 16-09/PUD 2018-0007 /SDP2018-0001/CDP
16-33/HDP 16-02/SUP 16-02-MARJA ACRES, based on the following findings and subject
to the following conditions:
Findings:
Tentative Tract Map, CT 16-07
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 proposed 13-lot subdivision
comprising 235 multi-family townhome residential units within the residential lots, and 13
multi-family townhomes, 46 age-restricted affordable apartments and two specialty
commercial buildings within the commercial lots, satisfies all minimum requirements of Titles
20 and 21 with respect to uses, public facilities, access, and parking, as well as setbacks and
other standards subject to state Density Bonus Law, and is consistent with the General Plan as
described below and in the project staff report dated September 16, 2020. Pursuant to Carlsbad
Municipal Code (CMC) Chapter 21.86, a density bonus concession is requested from CMC
Section 21.28.015(A) that requires a mixed-use project to provide the residential units above
the ground floor in a multi-story commercial building with only permitted commercial uses on
the ground floor ("vertical" mixed-use project). The findings for approval to support this
concession can be made as provided below. A density bonus incentive is also being requested
for the withdrawal of 158 units from the Excess Dwelling Unit Bank (EDUB) within the
Northwest Quadrant as discussed below. Density bonus waivers are also requested from
various standards related to the relationship between the residential and commercial
development on the commercial portion of the site, setback reductions, retaining wall heights
and grading volume as discussed below. Although the project's densities of 41.3 dwelling units
per acre (du/ac) within the General Commercial (GC) and 19.6 du/ac within the Residential R-
15 land use designations are above the maximum densities of 30 du/ac and 15 du/ac,
respectively, the 294-unit mixed-use project can be found consistent with the General Plan,
Titles 20 and 21 and the Subdivision Map Act, and will not cause serious public health problems.
2. That the proposed project is compatible with the surrounding future land uses since surrounding
properties are designated for residential (R-4, R-8, and R-15) and Local Shopping
PC RESO NO. 7382 -3-
Nov. 3, 2020 Item #6 Page 81 of 1999
Center/Community Facilities (L/CF) development on the General Plan, in that the proposed
project includes permitted uses and development allowed within the General Commercial (GC}
and Residential (R-15) land use designations. The proposed density is within the parameters of
CMC Chapter 21.86 and state Density Bonus Law. The proposed project with two-and three-
story buildings is compatible with similar multi-family land use designations within the
Robertson Ranch Master Plan development on the north side of El Camino Real that include
three-story residential buildings fronting on a portion of El Camino Real. The project's specialty
commercial uses will be compatible, and will not compete, with the planned future shopping
center and community facility development on the commercial pad within the Robertson Ranch
Master Plan since each project will cater to different market niches and resident needs. The
project complies with maximum building height standards and has been designed to lower the
grade to help ensure the mass and scale of the proposed townhomes are also compatible with
the adjacent single-family neighborhoods.
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 the proposed project entails a request to construct a mixed-use project on the
commercially-zoned property and multi-family townhomes on the residentially-zoned
property, for a total of 294 dwelling units. Pursuant to the General Plan, the maximum number
of dwelling units for 25% of the 5.73-net-acre commercial property at 30 du/ac is 43 units, and
for the 12.04-net-acre residential property at 15 du/ac is 181 units, for a total of 224 units. In
order to construct 294 dwelling units, the applicant is requesting approval of a density bonus
pursuant to CMC Chapter 21.86, the Residential Density Bonus and Incentives or Concessions
Ordinance. CMC Chapter 21.86 was established as a means to implement the goals, objectives
and policies of the Housing Element of the General Plan which includes the provision to provide
housing affordable to lower to moderate income households. Specifically, the applicant is
requesting up to a 35% density bonus pursuant to Table A of CMC Chapter 21.86.040. In
exchange for designating 20% of the base maximum density number of units, or 45 units, as
affordable units, the developer is entitled to a 35% density bonus. The applicant is proposing
46 affordable apartments that are required to be rent-restricted and affordable to lower income
households earning between 50% and 60% of the area median income. The project meets the
findings for approval of a density bonus, is consistent with CMC Chapter 21.86 and, therefore,
is consistent with this finding.
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 project has been
designed and conditioned such that there are no conflicts with established easements.
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 where practicable and balconies to maximize exposure of each unit
to natural light and ventilation from nearby coastal breezes.
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
PC RESO NO. 7382 -4-
Nov. 3, 2020 Item #6 Page 82 of 1999
proposes to designate 46 units as affordable units. An Environmental Impact Report (EIR) was
prepared for the project. Mitigation measures have been incorporated into the design of the
project and the Mitigation Monitoring and Reporting Program (MMRP) such that all potentially
significant impacts will be mitigated to below a level of significance. The city's Housing Policy
Team recommended approval of the request on January 22, 2019. As required by CMC Chapters
21.85 and 21.86, the project has been accordingly-conditioned to require the approval of an
Affordable Housing Agreement and Density Bonus Housing agreement, respectively, prior to
issuance of building permits.
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 previously-developed project site is devoid of sensitive vegetation and wildlife.
Mitigation measures have been included in the project EIR and MMRP to address possible
grading impacts to nesting birds and to require appropriate permits if deemed to be required
by regional, state and/or federal agencies for a short section of a potential non-wetland waters
of the U.S. drainage ditch. With mitigation, the EIR determined that all potentially significant
impacts will be mitigated to below a level of significance, and thus, the project is not likely to
cause substantial environmental damage nor substantially and avoidably injure fish or wildlife
or their habitat.
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.
Residential Planned Development Permit, PUD 16-09
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 pursuant to state Density Bonus Law and CMC Chapter 21.86, the project's overall density
of 21.8 dwelling units per net acre for the 20.65-gross-acre project area is consistent with the
R-15 Residential and General Commercial (GC) General Plan Land Use designations as discussed
below. Additionally, subject to state Density Bonus Law and CMC Chapter 21.86, the project
meets or exceeds all the minimum development standards, does not exceed maximum
development standards, and is consistent with the design standards applicable to the property
as contained in CMC Chapters 21.24 (Residential Density-Multiple (RD-M)) and 21.45 (Planned
Developments). The project complies with the development standards for planned residential
development contained in CMC Chapter 21.45 Table C, the development standards in CMC
Chapter 21.45 Table E for condominiums, and the provisions of City Council Policy 66, Livable
Neighborhoods, subject to provisions of state Density Bonus Law, as described in the project
staff report dated September 16, 2020.
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 mixed-use, density bonus project with 294 dwelling units will
not be detrimental to, and is compatible with, existing surrounding development. The density
bonus project provides the number of affordable dwelling units to warrant the requested 35%
density bonus. The project is self-contained with two vehicular ingress/egress points from El
Camino Real that each include deceleration lanes for right-in/right-out only access. The EIR
PC RESO NO. 7382 -5-
Nov. 3, 2020 Item #6 Page 83 of 1999
concludes that, with mitigation, the project can be developed as designed and with the density
bonus incentives/concessions and waivers proposed without causing significant environmental
impacts on the site, surroundings or vehicle miles traveled (VMT). The Local Mobility Analysis
prepared for the project indicates that there is an existing deficiency in vehicular traffic level of
service (LOS) below LOS D on the southbound El Camino Real road facility between Tamarack
Avenue and Cannon Road in the morning peak hour. The LOS deficiency is not caused by the
project's projected 901 increased average daily trips (ADTs), but already exists on this fully built-.
out portion of El Camino Real. Subject to the City Council's approval of the requested exemption
for this road facility per the General Plan, the project is conditioned to comply with
Transportation Demand Management (TDM) and Transportation System Management (TSM)
requirements.
12. The project will not adversely affect the public health, safety, or general welfare, in that the
mixed-use, density bonus project with 294 residential dwelling units has been designed to
comply with all applicable CMC development standards and provisions. The EIR prepared for
the project determined that all potentially significant impacts will be mitigated to below a level
of significance. Therefore, the project will not adversely affect the public health, safety or
general welfare.
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 project is designed to reflect the former agricultural history of the site
through its architectural style and use of materials and landscaping, includes a looped street
with buildings and common open space areas arranged in an organized manner, and is sensitive
to surrounding development through the proposed grading plan that is intended to preserve
privacy of existing homes to the extent possible.
Nonresidential Planned Development Permit, PUD 2018-0007
14. That the granting ofthis permit will not adversely affect and will be consistent with the Municipal
Code including all the minimum development standards of the underlying zone except for lot area,
the General Plan, applicable specific plans, master plans, and all adopted plans of the city and
other governmental agencies, in that subject to state Density Bonus Law and CMC Chapter 21.86,
the proposed project is consistent with the General Commercial (GC) General Plan Land Use
designation, an development standards of the General Neighborhood Commercial (C-2) Zone
and CMC Titles 20 and 21 regulations governing subdivisions and the design of nonresidential
planned developments.
15. That the proposed use at the particular location is necessary and desirable to provide a service or
facility which will contribute to the general well-being of the neighborhood and the community,
in that the proposed nonresidential planned development provides for individual ownership of
the lot with the two proposed specialty commercial buildings, the age-restricted affordable
apartment building lot, and the airspace townhome condominiums within the commercial
portion of the project. The mixed-use project is compatible with the proposed townhomes in
the southern portion of the project site and other existing surrounding uses, and is necessary
and desirable to provide a mix of uses that will contribute to the general well-being of the
neighborhood and community.
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16. That such project will not be detrimental to the health, safety, or general welfare of persons
residing or working in the vicinity, or injurious to property or improvements in the vicinity, in that,
subject to state Density Bonus Law and CMC Chapter 21.86, the project meets all applicable city
standards and ordinances, including the McClellan-Palomar Airport Land Use Compatibility
Plan, and all public facilities and services are already developed. The proposed vehicular access
to and from the site from El Camion Real is designed to be adequate for the. proposed
nonresidential planned development. The subdivision includes all necessary features to be
compatible with surrounding development. The EIR prepared for the project determined that
all potentially significant impacts will be mitigated to below a level of significance. Therefore,
the project will not adversely affect the health, safety, or general welfare of persons residing or
working in the vicinity, or be injurious to property or improvements in the vicinity.
Site Development Plan, SDP 2019-0004, CMC Chapter 21.28 -Residential Uses in C-2 Zone
17. That the proposed development or use is consistent with the General Plan and any applicable
master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the
Carlsbad Municipal Code, and all other applicable provisions of this code, in that the project is
consistent with the various elements and objectives of the General Plan as discussed below and
in the project staff report dated September 16, 2020. The townhomes and affordable senior
apartments are located in a proposed mixed-use setting with specialty retail and restaurant
uses within the C-2 zone. The density of the residential component for 59 units is consistent
with the General Plan and Zoning Ordinance for density bonus projects. The project site is
served by existing transit and is within 1.7 miles of other existing commercial and business
services, and across the street from the future Robertson Ranch commercial site. The
townhomes and apartments comply with all applicable development standards for residential
uses within the C-2 zone including lot coverage, height, setbacks, and parking, etc., subject to
density bonus provisions for concessions and waivers or reductions of standards discussed
below and in the project staff report. The project provides at least 20% of the base maximum
density units as 46 age-restricted affordable apartments. The project complies with all
applicable standards for senior housing as discussed below and in the project staff report.
18. That the requested development or use is properly related to the site, surroundings and
environmental settings, will not be detrimental to existing development or uses or to
development or uses specifically permitted in the area in which the proposed development or use
is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that
the proposed townhomes and affordable senior apartments within the C-2 zone will not be
detrimental to existing uses or to uses specifically permitted in the area in which the use is
located in that the townhomes and apartments are permitted uses within the C-2 zone, and are
compatible with the adjacent proposed specialty retail and restaurant uses in the same area of
the project. The townhomes and senior apartments are also compatible in design, scale and
massing with the proposed townhomes proposed to the south on the project site, as well as the
existing and future residential and commercial uses within Robertson Ranch north of the project
site. The townhomes and senior apartments will not adversely impact the site, surroundings, or
traffic circulation. The project provides the required riparian buffer from the offsite Kelly Creek
to the west of the senior apartments. El Camino Real has adequate capacity to accommodate
the 274 Average Daily Trips (ADTs) generated by the residential portion of the commercial area,
and adequate capacity for the 901 net ADTs generated by the overall project excepting the
existing southbound morning peak hour level of service which will be addressed by compliance
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with the Growth Management Program. The project is adequately parked on-site and does not
result in any significant environmental impacts.
19. That the site for the intended development or use is adequate in size and shape to accommodate
the use, in that the townhomes and affordable senior apartments are located in the commercial
portion of the project. Each residential component maintains its own space since they are in
separate buildings from the commercial uses and provide their own parking spaces. The subject
site is adequate in size and shape to accommodate the proposed 13 townhomes, 46 affordable
senior apartments and the specialty retail and restaurant uses in that, subject to density bonus
provisions for concessions and waivers or reductions of standards discussed below, the mixed-
use component of the project complies with all remaining development standards for
residential uses located within the C-2 zone and the additional standards for senior housing.
The project is entitled to the requested number of units and the density bonus
incentives/concessions and waivers are necessary for the project to be developed at the density
and with the incentives/concessions permitted by CMC Chapter 21.86 as discussed below and
in the project staff report dated September 16, 2020.
20. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested development or use to existing or permitted future development or use in the
neighborhood will be provided and maintained, in that the townhomes and affordable senior
apartments comply with all applicable development standards for residential uses within the
C-2 zone including lot coverage, height, setbacks, and parking, etc., subject to density bonus
provisions for concessions and waivers or reductions of standards discussed below. The
architecture of the townhome and senior apartment buildings is compatible with the proposed
commercial buildings. Landscaping along the El Camino Real frontage of the project will be
provided consistent with the requirements of the city's Landscape Manual.
21. That the street systems serving the proposed development or use is adequate to properly handle
all traffic generated by the proposed use, in that the proposed project has been designed with
two street entries from El Camino Real that will each provide deceleration lanes. El Camino
Real is identified as an arterial street and is designed to adequately handle the 274 Average
Daily Trips (ADTs} generated by the residential portion of the commercial area, and adequately
handle the 901 net ADTs generated by the overall project as analyzed by the project Local
Mobility Analysis excepting the existing southbound morning peak hour level of service which
will be addressed by compliance with the Growth Management Program. The project EIR
includes mitigation measures that will reduce any impacts associated with VMT to a level that
is below significance. The project site is served by two NCTD bus routes with stops adjacent to
the site and continuous sidewalks along El Camino Real and pedestrian connections from within
the project to the sidewalks. Existing bike lanes are provided on El Camino Real. In addition, the
applicant will be required to pay traffic impact fees prior to issuance of building permits that
will go towards future road improvements.
SDP 2019-0004, CMC Chapter 21.84 -Housing for Senior Citizens
22. The senior housing project shall not result in density or design that is incompatible with other land
uses in the immediate vicinity in that the affordable senior apartments are located in the
commercial portion of the project but maintains its own space since it is in a separate building
from the commercial uses and provides its own parking spaces and site amenities. The
architecture of the senior apartment building is compatible with the proposed retail, restaurant
and townhome buildings located on the balance of the commercial portion of the project. The
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senior apartments provide the required affordable housing for the project, and the density
associated with the 46 apartments is consistent with the General Plan and Zoning Ordinance
for density bonus projects. The senior apartment building and use is compatible with the
adjacent commercial and residential uses within the project, and with existing residential uses
in the surrounding area.
Coastal Development Permit, CDP 16-33
23. That the proposed development is in conformance with the Certified Local Coastal Program and
all applicable policies in that the three-story buildings will not obstruct views of the coastline as
seen from public lands or the public right-of-way since there are no views of the coastline from
El Camino Real. The project's location along the El camino Real arterial corridor will not damage
the visual beauty of the Coastal Zone. It was determined that the site does not qualify as prime,
non-prime or coastal agricultural land required to be preserved pursuant to the Coastal Act
when the Coastal Commission approved the General Plan land use changes for the project site.
Lastly, the project maintains the required SO-foot riparian buffer from the off-site Kelly Creek
to the west, and any impacts to potential non-wetland waters of the US will be appropriately
mitigated.
24. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the site does not have frontage along the coastline so no public opportunities
for coastal shoreline access or water-oriented recreation activities are available from the site.
25. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(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 runoff, pollutants, and soil
erosion. The site is not located in an area susceptible to floods. The project site contains unstable
soils which could be susceptible to erosion, seismic events, landslides or liquefaction, but these
potential impacts will be mitigated to a level below significance through the incorporation of
the EIR mitigation measures to ensure consistency with the provisions of CMC Chapter 21.203.
The project also proposes a deviation for grading of steep slopes over 25% within the Coastal
Resources Protection Overlay Zone covering a total of 4.8 acres. Pursuant to CMC Section
21.203.040(A}(3}, grading of steep slopes requires approval by the City Council when all of the
following findings are met:
a. A soils investigation conducted by a licensed soils engineer has determined the subject
slope area to be stable and grading and development impacts mitigatable for at least
seventy-five years, or the life of the structures.
b. Grading of the slopes is essential to the development intent and design in order to meet the
General Plan's requirement to develop a minimum of 12 du/ac and to achieve the objectives
of the proposed density bonus project at the density and with the incentives/concessions
permitted by CMC Chapter 21.86. In addition, the grading is essential to provide a looped
vehicular access private street extending from El Camino Real through to the higher-grade
elevations of the project, while still keeping the higher grades low compared with existing
development south of the project to help preserve privacy and enhance the project's
compatibility with surrounding development.
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c. Slope disturbance will not result in substantial damage or alteration to major wildlife
habitat or native vegetation areas as there are no major wildlife habitat or native vegetation
areas (Habitat Management Plan Group F habitat) on site. The project will impact other
lands, including former agricultural/disced land, non-native/ornamental vegetation, and
disturbed lands, and is conditioned to pay habitat in-lieu fees for impacts to 14.8 acres of
Group F habitat.
d. Because north-facing slopes are generally more prone to stability problems and in many
cases contain more extensive natural vegetation, no grading or removal of vegetation from
these areas will be permitted unless all environmental impacts have been mitigated. The
EIR prepared for the project determined that there is no natural vegetation on the site, and
all potential impacts will be mitigated to below a level of significance.
Hillside Development Permit, HDP 16-02
26 . That hillside conditions and any undevelopable areas of the project, i.e., slopes over 40%, have
been properly identified on the constraints map which show existing and proposed conditions
and slope percentages.
27. That the development proposal is consistent with the intent, purpose, and requirements of the
Hillside Ordinance, Chapter 21.95, in that:
a. The project implements the goals and objectives of the land use and open
space/conservation elements of the Carlsbad General Plan for infill mixed-use residential
development as discussed below.
b. The existing hillside conditions have been properly identified and addressed in the planning
process.
c. The project preserves and/or enhances the aesthetic qualities of manufactured slopes by
its design that relates to the slope of the land and re-calibrating and re-creating a lower and
an upper development area. There are no significant visible manufactured slopes along El
Camino Real. While the density bonus project through its permitted waivers does not
minimize the amount of project grading, the design ensures that plantable retaining walls
that exceed height standards are focused in areas that are not highly visible public locations.
d. The project provides the required SO-foot riparian buffer from development to the offsite
Kelly Creek, and biofiltration BMPs to address drainage and water quality, thereby
protecting the riparian ecosystem from increased erosion. In accordance with the EIR and
mitigation measures prepared for the project, no substantial impacts to natural resource
areas, wildlife habitats or native vegetation areas will occur as a result of the project.
28. That the proposed development or grading will not occur in the undevelopable portions of the
site pursuant to provisions of Section 21.53.230 of the Carlsbad Municipal Code, in that:
a. Pursuant to CMC Section 21.95.140.B, only one small area of the site is a minimum of 10,000
square feet in area, over 40% gradient and has an elevation differential of greater than 15
feet. It is near the center of the site at the transition between the commercial and
residential parcels, and is a small portion of the general north-south slope up to the higher
mesa area of the site. This overall slope has a gradient that is predominantly 25% and as
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such, is not in any way considered to be a prominent land form feature. Other areas of 40%
slope are either smaller than 10,000 square feet or have an elevation differential of less
than 15 feet. Therefore, the 40% slopes are permitted to be developed.
b. The site is partially traversed by an SDG&E power transmission easement. Pursuant to CMC
Section 21.53.230(c), the location of accessory facilities including but not limited to
vehicular access and parking, recreation areas and landscaping, etc., for a residential
development may be located on land that is subject to major power transmission
easements. No dwelling units or commercial buildings are located within the SDG&E
easement.
29. That the project design substantially conforms to the intent of the concepts illustrated in the
Hillside Development Guidelines Manual, in that there are no proposed downhill perimeter
slopes exceeding 40% gradient and an elevation differential of greater than 15 feet; no slope
edge building setbacks are required; and grading and retaining walls are allowed pursuant to
waivers of standards permitted by CMC Chapter 21.86 and state Density Bonus Law.
30. That the project design and lot configuration does not minimize disturbance of hillside lands, but
the proposed waivers of development standards are permitted by CMC Chapter 21.86 and
Government Code Section 65915.
Special Use Permit, 16-02
31. The proposed project conforms to the intent of the Scenic Preservation Overlay for development
along El Camino Real which is an arterial scenic corridor in that the proposed project is an
upslope site within Area 2 (Carlsbad Village Drive to West Ranch/Lisa Street) of the El Camino
Real Corridor, an area that is predominated by single-and multi-family residential uses. The
Corridor standards apply to the site's first 300 feet from the edge of the roadway because it is
an upslope condition. The common design theme for this area is "suburban residential." The
proposed project, with the exception of grading that is subject to a density bonus waiver
discussed below, is consistent with all of the development standards and intent of those
standards with regard to aesthetic considerations including but not limited to medians,
sidewalks, building height, setbacks from the arterial, and roof equipment.
City Council Policy No. 43, Allocation for Excess Dwelling Units
32. That the City's Housing Policy Team recommended approval of the request for an allocation of
158 units from the EDUB on January 22, 2019.
33. That pursuant to CMC Chapter 21.85, a minimum of 15% of all residential dwelling units in a
project are required to be restricted to low income households. Pursuant to the General Plan
update, the project site is subject to the requirements of Planning Commission Resolution No.
7114 that instead requires either 20% of a project's total dwelling units to be affordable to low
income households earning up to 80% of the area median income (AMI), or 15% of the total
dwelling units to be affordable to lower income households earning 50% AMI. Under the 15%
provision, the proposed 294 dwelling units is required to provide 44 units as inclusionary
apartments affordable to lower income households. The project proposes 46 units that will be
rent-restricted to lower income households earning 50% (37 apartments) and 60% (seven
apartments) AMI, plus an additional two (2) apartments at 60% AMI that could otherwise be
market-rate apartments, which is equivalent to 44 units at 50% AMI as discussed in the project
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staff report dated September 16, 2020. An Affordable Housing Agreement will be recorded
prior to issuance of building permits.
34. That the project location and density are compatible with the existing adjacent residential
neighborhoods and/or nearby existing or planned uses in that the project includes a request for
up to a 35% density bonus pursuant to CMC Chapter 21.86, Residential Density Bonus and
Incentives or Concessions. The project meets the applicable findings associated with the
proposed density bonus request as described in the findings below. The project is compatible
with similar multi-family land use designations within the Robertson Ranch Master Plan
development on the north side of El Camino Real that include three-story residential buildings
fronting on a portion of El Camino Real. The mixed-use aspect of the project will complement
and not compete with the planned future Robertson Ranch commercial shopping center. The
project complies with maximum building height standards and parking standards, and has been
designed to lower the grade to help ensure the mass and scale of the proposed market-rate
townhomes are compatible with the adjacent single-family neighborhoods.
35. That the project location and density are in accordance with the applicable provisions of the
General Plan and any other applicable planning document, in that mixed-use is encouraged in
strategic locations to provide a pedestrian-oriented environment for the surrounding
neighborhood, and include high and medium density housing surrounding the commercial uses.
The project's small-scale specialty retail and restaurant uses are integrated with the
surrounding higher density townhomes and affordable senior apartments that are connected
via proposed sidewalks and the private street. The proposed 35% density bonus is consistent
with the provisions of state Density Bonus Law and CMC Chapter 21.86.
36. That the project complies with the findings stated in the General Plan Land Use Element for
projects that exceed the growth management control point for the applicable density range in
that:
a. The project qualifies for and will receive an allocation of excess dwelling units pursuant to
City Council Policy No. 43 because the project is compatible with surrounding existing and
planned neighborhoods and land uses, and the Northwest Quadrant dwelling unit limit will
not be exceeded as a result of the proposed project, as further discussed below.
b. There have been sufficient residential projects approved at densities below the GMCP so the
citywide and quadrant dwelling unit limits will not be exceeded as a result of the proposed
project in that there are an adequate number of units in the Excess Dwelling Unit Bank in
the Northwest Quadrant to remove 158 units. Per the city's Quadrant Dwelling Unit Report
dated July 30, 2020, less any recent allocations, 646 units remain available for allocation in
the Northwest Quadrant.
c. All necessary public facilities will be constructed or are guaranteed to be constructed
concurrently with the need for them created by this development and in compliance with
adopted city standards in that the project plans and conditions of approval ensure either
financial contribution through required impact fees or actual construction of improvements
concurrent with development.
Residential Density Bonus, CMC Chapter 21.86
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37. The project is consistent with the provisions of this chapter in that the proposed mixed-use
project includes the requisite 20% of the base maximum density as lower income, deed-
restricted apartment units. The project meets all of the density bonus housing standards in
CMC Section 21.86.090, including but not limited to location of affordable units onsite and near
transit, size and bedroom count of affordable units, timing of construction, and parking. In
addition, the requested incentives, concessions and waivers are allowable and consistent with
the 35% density bonus.
38. The requested incentive(s) or concession(s) will result in identifiable, financially sufficient, and
actual cost reductions in that the requested incentive for the allocation of excess dwelling units
allows for a financially feasible project by allowing the applicant to amortize costs over a larger
number of residential units, thereby creating additional revenue to offset the cost of providing
housing for low-income and very-low-income seniors. In addition, the requested concession to
allow a mixed-use project with residential units in separate buildings (13 townhomes in one
building and 46 apartments in another building) from the commercial buildings ("horizontal"}
rather than above ground floor commercial in a multi-story building ("vertical"} allows for a
financially feasible project because it results in cost reductions that enable the provision of
housing that is affordable to the designated income groups as discussed in the project staff
report and attachment dated September 16, 2020.
39. The requested incentive(s) or concession(s), and/or waiver(s) or reduction(s) of development
standards, if any, will not result in an adverse impact, as defined in paragraph (2) of subdivision
(d) of Section 65589.5 of the California Government Code, to the public health and safety, the
environment, or on any real property that is listed in the California Register of Historical Resources
in that:
a. The incentive and concession will have no impact on the public health and safety, the
environment or any real property that is listed in the California Register of Historical
Resources because the allocation of 158 units is a permitted incentive for density bonus
projects and is an administrative action. Furthermore, the requested horizontal mixed-use
is an allowable concession for density bonus projects, and is only a change in the form, not
the substance, of the project.
b. The development of the project with the requested waivers or reduction of development
standards will not result in an adverse impact to the public health and safety, the
environment, or on any real property that is listed in the California Register of Historical
Resources because the project EIR determined that, with mitigation and implementation of
the MMRP, all potential impacts will be mitigated to a level that is below significant.
40. The requested incentive(s) or concession(s), and/or waiver(s) or reduction(s) of development
standards is not contrary to state or federal law in that:
a. The proposed incentive and concession are permitted for density bonus projects in
California pursuant to CMC Section 21.86.050 and Government Code Section 65915.
b. The waiver of development standards to 1} not require residential uses to be secondary to
primary commercial uses for the project site within the General Commercial (C-2} zone per
CMC Section 21.28.015(C)(2}; 2) waive the building setback requirement in CMC Section
21.45.080 (Table E, Section E.5}; 3) allow the grading volume to exceed the acceptable
volume in the Hillside Development Ordinance, CMC Section 21.95.040(D}{2); 4) allow
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General
vertical retaining wall heights to exceed the maximum six-foot height limit of the Hillside
Development Ordinance, CMC Section 21.95.140(C)(l); and 5) allow cut and fill grading to
exceed the maximum of 10 feet contained in the El Camino Real Corridor Standards Section
IV(B), are all permitted for density bonus projects in California pursuant to CMC Section
21.86.060 and Government Code Section 65915. Moreover, all of the waived development
standards, if imposed on the project, would have the effect of physically precluding the
construction of the proposed housing development at the densities and with the incentive
and concession permitted by Title 21 and state Density Bonus Law because they would
reduce the developable pad area and reduce the number of dwelling units that could be
developed with the project.
c. The reduction of development standards in CMC Section 21.45.060 (Table C, Section C.4) to
reduce the parkway width from the standard 5.5 feet to between 3.5 and five feet, and to
reduce the sidewalk width from the standard five feet to 4.5 feet is permitted for density
bonus projects in California pursuant to CMC Section 21.86.060 and Government Code
Section 65915. Moreover, if these standards are not reduced but are imposed on the
project, they would have the effect of physically precluding the construction of the
proposed housing development at the densities and with the incentive and concession
permitted by Title 21 and state Density Bonus Law because they imposing the standards
would reduce the developable pad area and reduce the number of dwelling units that could
be developed with the project.
41. 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
September 16, 2020 including, but not limited to the following:
a. Land Use -The proposal to construct a mixed-use project with 248 residential
condominiums, 46 age-restricted affordable apartments and 10,000 square feet of specialty
commercial uses provides additional for-sale and affordable senior apartment housing
opportunities along with neighborhood-serving commercial on a site that is designated for
such uses. No land use changes are required. The project provides a diversity of compatible
land uses and a variety of product types that will appeal to a wide cross-section of residents,
includes on-site recreation, urban garden amenities and all required parking, and will
provide workforce housing in proximity to nearby employment centers. The project's
proximity to existing bus routes helps further the goal of providing new economic
development near transportation corridors. The project proposes to provide 20% of the
base maximum density as affordable units, which entitles the project to a 35% density
bonus. As a result of meeting density bonus and the city's inclusionary housing
requirements, the project is permitted to exceed the Growth Management Control Point
and it qualifies to receive the allocation of units from the city's Excess Dwelling Unit Bank.
b. Mobility -The proposed project will maintain an existing sidewalk along El Camino Real,
and will provide continuous connected sidewalks and pathways throughout the project,
which will provide pedestrian access to and from the project. Bike lanes already exist on El
Camino Real and bus stops serve two regional and local serving bus transit service lines
along El Camino Real. The project will implement Transportation Demand Management
strategies including but not limited to transit subsidies and ridesharing to support multi-
modal alternatives and reduce vehicle miles traveled (VMT) associated with the project. In
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order for the City Council to exempt the vehicle mode of travel from the LOS standard at a
particular street segment, the street segment must be identified as built-out by the City
Council because either a} acquiring the right of way is not feasible; or b} proposed
improvements would significantly impact the environment in an unacceptable way and
mitigation would not contribute to the nine core values of the Carlsbad Community Vision;
or c} proposed improvements would result in unacceptable impacts to other community
values or General Plan policies; or d} proposed improvements would require more than
three through travel lanes in each direction. The project will request the City Council to
exempt the vehicle mode of travel from the LOS standard for the street segment on El
Camino Real from Tamarack Avenue to Cannon Road because it is built-out at its intended
width with three through travel lanes in each direction, so no capacity improvements are
available to improve the segment's level of service. Subject to the City Council exempting
the street segment, the project is conditioned to implement TDM and Transportation
System Management (TSM} strategies per General Plan Mobility Element Policy 3-P.11
because it will add traffic to an exempted circulation facility.
c. Open Space -There is no wildlife habitat nor rare, threatened or endangered species
present on the project site. The potential non-wetland waters of the US drainage ditch may
require regional, state and federal permits and the project will need to survey for potential
nesting bird impacts per the EIR MMRP. The project is not required to provide a public park
or dedicate public open space. However, the project provides a well-integrated system of
common recreational areas throughout the project site that meet or exceed city
requirements.
d. Noise -The proposed project is consistent with the Noise Element of the General Plan as
identified in the noise study (Dudek, dated December 2018, updated by memorandum
August 7, 2019} in that the project's design will include noise barriers where necessary on
outside balconies and roof deck areas to protect residents from identified El Camino Real
traffic noise levels. In addition, an acoustical report will be required during plan check to
ensure that HVAC or other mechanical equipment will not exceed relevant noise standards
at the property line of adjacent residences, and to ensure that the units, with windows
closed, will adequately attenuate the interior noise levels for the new dwelling units to 45
dB(a} CNEL or less (i.e., interior average noise level}. The project is conditioned to provide
mechanical ventilation. The project is also conditioned to provide overflight notification
regarding potential noise from proximity to the McClellan-Palomar Airport and aircraft
operations ..
e. Public Safety-The proposed structural improvements would be required to meet all seismic
design standards. The Fire Department has reviewed and approved the proposed
conceptual project site plan, locations of buildings and emergency access. The proposed
project is consistent with all applicable fire safety requirements. A Conceptual Fire
Protection Plan will be required for any areas that interface with open space as the site is
within an area mapped by the state to have a moderate threat from wildfire. The project
would be required to develop and implement a program of "best management practices"
for the elimination and reduction of pollutants which enter and/or are transported within
storm drainage facilities. The project has been conditioned to pay all applicable public
facilities fees for Zone 1.
f. Sustainability -The project implements and is consistent with measures identified in the
Climate Action Plan (CAP} through the provision of renewable energy generation
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(photovoltaic systems), energy conservation (Green Building Code), and by accommodating
Zero-Emission vehicles and other greenhouse gas reduction measures and features. The
project will also be subject to CAP ordinances that are in effect at the time building permits
are issued.
g. Housing -The proposed project includes 46 age-restricted affordable apartments that meet
the 20% density bonus requirement, as well as the city's inclusionary requirement of 15%
(or 44 units) affordable to households earning 50% of the area median income (AMI) by
providing 46 units affordable to senior households earning 50% and 60% AMI. The provision
affordable and market-rate housing will contribute toward achieving the city's Regional
Housing Needs. The project is consistent with state Density Bonus Law, the city's density
bonus program and Growth Management Plan, and is able to provide the mix of housing
types and affordability levels through density bonus incentives, concessions and waivers to
which the project is entitled. The project has been conditioned accordingly to require the
approval of an Affordable Housing Agreement and Density Bonus Agreement prior to
building permit issuance.
42. Precise Plan 20, adopted by City Council Resolution No. 1507 on March 19, 1968, is hereby
rescinded and no longer of force or effect. The commercial portion of the site shall be governed
by the permitted uses table of the General Commercial (C-2) zone, CMC Chapter 21.28, Table A.
43. 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 permits, or prior to the sale of the subdivided property, whichever
occurs first.
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 permits.
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 permits.
44. The project has been conditioned to pay any increase in public facility fee, or new construction
tax, or development fees, and has agreed to abide by any additional requirements established by
a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal
Code. This will ensure continued availability of public facilities and will mitigate any cumulative
impacts created by the project.
45. This project has been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 1.
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46. That all necessary public facilities required by the Growth Management Ordinance will be
constructed or are guaranteed to be constructed concurrently with the need for them created by
this project and in compliance with adopted city standards. In the event the City Council does not
exempt the deficient street facility on southbound El Camino Real from Tamarack Avenue to
Cannon Road from the GMP vehicular level of service standard, then prior to final map approval,
developer shall enter into an agreement with the city to implement, financially contribute to or
otherwise comply with the measure adopted by the City Council to address said deficiency.
47. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-
Palomar Airport (ALUCP), dated December 1, 2011, in that, as conditioned, the applicant shall
record a notice concerning aircraft noise. The project is compatible with the projected noise levels
of the ALUCP and the land use is compatible with the airport, in thatthe project site is not located
within any identified noise contour of the ALUCP and is located outside all safety zones
identified in the ALUCP.
48. That the project is consistent with the city's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
49. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed to
mitigate impacts caused by or reasonably related to the project, and the extent and the degree
of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a
grading or building permit (excluding demolition permits for existing structures onsite), or
approval of the Final Map, whichever occurs first; or pursuant to an approved construction
schedule at the discretion of the appropriate division manager or official.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the city shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or further
condition all certificates of occupancy issued under the authority of approvals herein granted;
record a notice of violation on the property title; institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. No vested rights are gained
by Developer or a successor in interest by the city's approval of this Tentative Tract Map/Site
Development Plan.
2. Staff is authorized and directed to make, or require the Developerto make, all corrections and
modifications to the Tentative Tract Map/Site Development Plan documents, as necessary to
make them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
3. . Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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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 shall implement, or cause the implementation of, the Marja Acres EIR Project
Mitigation Monitoring and Reporting Program.
6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly,
from (a) City's approval and issuance of this Tentative Tract Map/Site Development Plan, (b)
City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in
connection with the use contemplated herein, and (c) Developer/Operator's installation and
operation of the facility permitted hereby, including without limitation, any and all liabilities
arising from the emission by the facility of electromagnetic fields or other energy waves or
emissions. This obligation survives until all legal proceedings have been concluded and continues
even if the city's approval is not validated.
7. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the (Tentative
Map/Site Plan or other), conceptual grading plan and preliminary utility plan reflecting the
conditions approved by the final decision making body. The copy shall be submitted to the City
Planner, reviewed and, if found acceptable, signed by the city's project planner and project
engineer. If no changes were required, the approved exhibits shall fulfill this condition.
8. 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.
9. 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.
10. This approval is granted subject to the approval of EIR 2017-0001 and is subject to all conditions
contained in Planning Commission Resolution No. 7381 for that other approval incorporated
herein by reference, and subject to compliance with the City of Carlsbad Growth Management
Plan.
11. This approval shall become null and void if a complete final map is not filed with the city and
building permits are not issued for this project within 24 months from the date of final project
approval by the City Council, unless a time extension is filed in a timely manner and approved
by the City of Carlsbad.
12. 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
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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.
13. This project has been found to result in impacts to wildlife habitat or other lands, such as former
agricultural/disced land, non-native/ornamental vegetation, and disturbed lands, which
provide some benefits to wildlife, as documented in the city's Habitat Management Plan and the
environmental analysis for this project. Developer is aware that the city has adopted an In-lieu
Mitigation Fee consistent with Section E.6 of the Habitat Management Plan and City Council
Resolution No. 2000-223 to fund mitigation for impacts to certain categories of vegetation and
animal species. The Developer is further aware that the city has determined that all projects will
be required to pay the fee in order to be found consistent with the Habitat Management Plan and
the Open Space and Conservation Element of the General Plan. Developer or Developer's
successor(s) in interest shall pay the habitat in-lieu fees for impacts to 14.8 acres of Group F
habitat prior to recordation of a final map, or issuance of a grading permit or building permit,
whichever occurs first. If the In-lieu Mitigation Fee for this project is not paid, this project will not
be consistent with the Habitat Management Plan and the General Plan and any and all approvals
for this project shall become null and void.
14. 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 and Density Bonus Housing Agreement with the city to
provide and deed restrict 46 dwelling units (senior apartments) as affordable to lower-income
households for 55 years, earning up to 50% of the area median income (AMI) (37 units) and 60%
AMI (nine (9) units) or as otherwise approved in the Affordable Housing and Density Bonus
Agreements, in accordance with the requirements and process set forth in Chapters 21.85 and
21.86 of the Carlsbad Municipal Code. The draft Affordable Housing Agreement and Density
Bonus Housing Agreement shall be submitted to the City Planner no later than 60 days prior to
the request to final the map, and shall be recorded prior to issuance of the first building permit.
The recorded Affordable Housing Agreement and Density Bonus Housing Agreement shall be
binding on all future owners and successors in interest.
15. Developer shall construct the required 46 inclusionary units concurrent with the project's 248
market rate units, unless both the final decision-making authority of the city and the Developer
agree within an Affordable Housing and Density Bonus Housing Agreements to an alternate
schedule for development.
16. 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 and irrigation as shown on the
approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum
amount of water to the landscape for plant growth without causing soil erosion and runoff.
17. 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.
18. Developer shall establish a property owner's/homeowner's association for the residential and
commercial components of the project and corresponding covenants, conditions and restrictions
(CC&Rs). The townhomes and senior apartments on the commercial site and the market-rate
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townhomes shall be part of a Master Association for the project, and the commercial building
site may be part of a separate property owner's association under the Master Association, or
pursuant to other arrangements to the satisfaction of the City Planner, City Engineer and City
Attorney. 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 the city within
30 days for the official record.
c. Failure ofAssociation 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. Sa id
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
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his/her respective Lot for purposes of collecting such special assessment in accordance with
the procedures set forth in Article ____ of this Declaration.
e. Landscape Maintenance Responsibilities: The HOA's and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit ___ _
f . Balconies and rooftop decks: The individual unit owner allowances and prohibitions regarding
balconies and decks shall be as set forth in Exhibit __ _
g. Parking: All required parking including townhome two-car garages, parking spaces in the
senior apartment parking lot and the commercial parking lot, and on-street visitor parking
spaces, shall be made permanently available and be permanently maintained for parking
purposes.
h. Rooftop Decks and Balconies: Rooftop decks and balconies must be kept in a state of
cleanliness and repair at all times. No visible storage or unsightly personal property is
permitted, and no furniture is permitted that is not intended for outdoor use. No personal
property shall extend above the parapet or railing of decks or balconies, including potted
plants or hanging plants. One umbrella that is in good maintained condition is acceptable.
Outdoor patio and barbecue equipment must be maintained. No wood burning smokers,
fire pit, tiki torches, or chimineas are allowed. No awnings, trellises, patio covers, gazebos,
pergolas, cabanas, pop-up shades, tarps, window coverings, screening or other equipment
shall be installed on rooftop decks or balconies or the exterior of buildings, with the
exception of rooftop photovoltaic solar panels.
i. TDM Administrator: The Developer/HOA shall be responsible for implementation of the
project's VMT reduction measures and TDM plan as set forth in Exhibit __ _
19. Prior to issuance of building permits for the senior apartments, plans shall demonstrate to the
satisfaction of the City Planner and Building Official that tubs and/or showers shall be equipped
with at least one grab bar, temperature regulating devices, and slip resistant bottom surfaces,
and that peepholes are provided in entry doors. The plans shall also demonstrate that the
apartments are designed .to the greatest extent practicable to implement the principals of
universal design which encourage accessible and adaptable features for the disabled or mobility
impaired.
20. 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.
21. Prior to issuance of grading and building permits, developer shall list the following condition on
all grading and building permit plans. Construction activities shall take place during the permitted
time and day per Carlsbad Municipal Code Chapter 8.48. Developer shall ensure that construction
activities for the proposed project are limited to the hours from 7:00 a.m. to 6:00 p.m. Monday
through Friday, and 8:00 a.m. to 6:00 p.m. on Saturdays; no work shall be conducted on Sundays
or on federal holidays.
22. Prior to issuance of grading and building permits, developer shall list the following on all grading
and building permit plans. Developer shall adhere to the following measures for all construction
phases of the project:
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a. The project contractor shall, to the extent feasible, schedule construction activities to avoid
the simultaneous operation of construction equipment so as to minimize noise levels resulting
from operating several pieces of high noise level emitting equipment.
b. All construction equipment, fixed or mobile, shall be equipped with properly operating and
maintained mufflers. Enforcement shall be accomplished by random field inspections by
applicant personnel during construction activities, to the satisfaction of the City of Carlsbad.
c. Construction noise reduction methods such as shutting off idling equipment, construction of
a temporary noise barrier, locating stockpiling and/or construction equipment staging areas
as far as practicable from adjacent residences or other noise-sensitive receptors, and use of
electric air compressors and similar power tools, rather than diesel equipment, shall be used
where feasible.
d. During construction, stationary construction equipment shall be placed such that emitted
noise is directed away from or shielded from sensitive receptors.
e. Construction hours, allowable workdays, and the phone number of the job superintendent
shall be clearly posted at all construction entrances to allow surrounding property owners to
contact the job superintendent if necessary. In the event the City of Carlsbad receives a
complaint, appropriate corrective actions shall be implemented and a report of the action
provided to the reporting party.
f. To comply with SDAPCD Rule 55, Fugitive Dust Control, the active grading sites shall be
watered at least two times daily.
23. 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 .
24. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in substance
as provided in Building Department Policy No. 80-6, to the satisfaction of the City Planner and
Building Official.
25. Prior to final map approval, Developer shall submit a street name list consistent with the city's
street name policy subject to the City Planner's approval.
26. Prior to occupancy of the first dwelling unit, the Developer shall provide all required passive and
active recreational areas per the approved plans, including landscaping and recreational facilities,
unless a phasing plan with associated landscaping and recreational facilities in each phase is
approved by the City Planner and City Engineer. All perimeter slopes and landscape areas shall
be landscaped as early as practicable.
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27. Prior to the approval of the final map or issuance of the grading permit, whichever occurs first,
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(n) Tentative Tract Map/Site Development Plan by
Resolution(s) No. 7382 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.
28. 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 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.
29. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the City
Planner, in the sales office 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 ..
30. Developer shall post a sign in the sales office 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.
31. 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).
32. Prior to the recordation of the first final tract map or the issuance of building permits, whichever
occurs first, the Developer shall prepare and rernrd a Notice that this property is subject to
overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form •
meeting the approval of the City Planner and the City Attorney (see Noise Form #2. on file in the
Planning Division).
33. Developer shall post aircraft noise notification signs in all sales and/or rental offices associated
with the new development. The number and locations of said signs shall be approved by the City
Planner (see Noise Form #3 on file in the Planning Division).
34. Developer shall construct trash receptacle and recycling areas enclosed by a six-foot-high
masonry wall with gates pursuant to City Engineering Standards and Carlsbad Municipal Code
Chapter 21.105. Location of said receptacles shall be approved by the City Planner. Enclosure
shall be of similar colors and/or materials to the project to the satisfaction of the City Planner.
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35. 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.
36. 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.
37. Compact parking spaces shall be located in large groups, arid in locations clearly marked to the
satisfaction of the City Planner.
38. Developer shall construct, install, and stripe not less than 60 parking spaces for the commercial
site, and 117 on-street parking spaces, as shown on Exhibits "A" -"CCCCCC".
39. Prior to issuance of a building permit for the commercial uses, all parties involved in the joint use
of a parking lot shall provide evidence of agreement for such joint use by a proper legal instrument
approved by the City Attorney as to form and the City Planner as to content. Such instrument,
when approved as conforming to the provisions of this title, shall be recorded in the office of the
county recorder and copies thereof filed with the City Planner.
40. A water efficient landscaping brochure shall be available for each group of adults visiting the model
home. At a minimum, each brochure shall include information describing the water efficient
features of the model's landscaping; resources for additional information regarding water efficiency.
in landscaping; contact information for the local water purveyor and Planning Division; and a
reference to the requirements of this landscape manual. A copy of the brochure shall be provided
to the Planning Division prior to the city authorizing temporary occupancy as a model home.
41. An educational sign shall be placed in the front yard of each model home so that it is visible and
readable from the roadway. The sign shall be white with black capital lettering at least two inches
high and shall state "THIS MODEL HOME USES WATER EFFICIENT LANDSCAPING AND
IRRIGATION".
42. Mechanical ventilation for each unit shall be shown on the plans submitted for building permit
plan check. The noise consultant shall certify on the plans that the building construction
proposed with the mechanical units listed will comply with the maximum interior noise limit.
Engineering
General
43. 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.
44. 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.
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45. 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 (streets, utilities, street
trees, sidewalks, landscaping, street lighting, raised medians, enhanced paving, water quality
treatment measures, low impact development features, storm drain facilities, etc.) located
therein and to distribute the costs of such maintenance in an equitable manner among the owners
of the properties within this subdivision.
46. 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.
47. 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.
48. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this condition.
49. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover, etc.)
and irrigation along the parkway frontage with El Camino Real as shown on the tentative map.
Fees/ Agreements
50. 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.
51. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
52. 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. ·
53. Developer shall cause property owner to execute, and submit to the city engineer for recordation,
a city standard deed restriction on the property which relates to the proposed cross lot drainage
as shown on the tentative map. The deed restriction document shall:·
a. Clearly delineate the limits of the drainage course; and
b. State that the drainage course is to be maintained in perpetuity by the underlying property
owner; and
c. State that all future use of the property along the drainage course will not restrict, impede,
divert or otherwise alter drainage flows in a manner that will result in damage to the
underlying and adjacent properties or the creation of a public nuisance.
54. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for
recordation, an Encroachment Agreement covering private utilities, enhanced pavement, street
lights, median curb, median hardscape, trees and landscape located over proposed public right-
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of-way or easements as shown on the tentative map. Developer shall ,pay processing fees per the
city's latest fee schedule.
55. This project shall be annexed into City of Carlsbad Street Lighting and Landscaping District No. 2
(SL&LD #2). Prior to approval of any grading, building permits or final map for this project,
developer shall cause owner to execute an Agreement to annex the subject property into SL&LD
#2. The Agreement shall be in a form approved by the assistant city finance director. Developer
shall pay all fees necessary to annex the property into SL&LD #2.
56. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Street Tree Maintenance Agreement.
57. Developer shall implement Transportation System Management strategies per the city's Mobility
Element policy 3-P.11. Prior to issuance of a building or grading permit, developer shall pay for
the installation of one traffic signal controller.
58. Developer shall comply with the Transportation Demand Management ordinance per Mobility
Element policy 3-P.11. Prior to grading or building permit issuance, the Developer shall submit a
Tier 2 Transportation Demand Management Plan to the satisfaction of the city engineer.
59. The developer shall install the following transportation demand management and transit
infrastructure measures, in accordance with the project Transportation Demand Management
Plan and Local Mobility Analysis, to the satisfaction of the City Engineer:
a. Bike repair station (1 ea.).
b. Public bike parking spaces (8 ea.).
c. Bus stop bench (1 ea.).
d. Bus stop trash receptacle (1 ea.).
Grading
60. 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.
61. Supplemental grading plans are required for precise grading associated with this project.
Developer shall prepare, and submit for approval, grading plans for the precise grading as shown
on the tentative map all subject to city engineer approval.
62. Upon completion of grading, developer shall file an "as-graded" geologic plan with the city
engineer. The plan shall clearly show all the geology as exposed by the grading operation, all
geologic corrective measures as actually constructed and must be based on a contour map which
represents both the pre and post site grading. The plan shall be signed by both the soils engineer
and the engineering geologist and shall be submitted on a 24" x 36" mylar or similar drafting film
format suitable for a permanent record.
PC RESO NO. 7382 -26-
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63. This project may require off site grading. No grading for private improvements shall occur outside
the project unless developer obtains, records, and submits a recorded copy, to the city engineer,
a temporary grading, construction or slope easement or agreement from the owners of the
affected properties. If developer is unable to obtain the temporary grading or slope easement, or
agreement, no grading permit will be issued. In that case developer must either apply for and
obtain an amendment of this approval or modify the plans so grading will not occur outside the
project and apply for and obtain a finding of substantial conformance and/or consistency
determination from both the city engineer and city planner.
64. This project requires grading within a major SDG&E transmission easement. No grading for private
improvements shall occur within the easement unless the developer obtains a temporary grading
· or construction easement or agreement from SDG&E to the satisfaction of the city engineer. If
developer is unable to obtain the temporary grading or construction easement or agreement, no
grading permit will be issued. In that case developer must either apply for and obtain an
amendment of this approval or modify the plans so grading will not occur within the SDG&E
easement and apply for and obtain a finding of substantial conformance and/or consistency
determination from both the city engineer and city planner.
65. Concurrent with the grading plans Developer shall include shoring plans as part of the grading
plans to the satisfaction of the city engineer and building official. Structural calculations for all
shoring shall be submitted for review and approval by the Land Development Engineering division.
Developer shall pay all deposits necessary to cover any 3rd party review.
Storm Water Quality
66. 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.
67. Developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3
SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established
by the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The
TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff
during construction of the project to the maximum extent practicable. Developer shall pay all
applicable SWPPP plan review and inspection fees per the city's latest fee schedule.
68. This 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.
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69. 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
70. Developer shall cause owner to dedicate to the city and/or other appropriate entities an
easement for public street & public utility purposes for the right turn lanes on El Camino Real as
shown on the tentative map. The offer shall be made by a certificate on the final map or separate
recorded document. All land so offered shall be free and clear of all liens and encumbrances and
without cost to the city. Additional easements may be required at final design to the satisfaction
of the city engineer.
71. Developer shall cause owner to dedicate to the city and/or other appropriate entities an
easement for general utility and access purposes over Street "A" as shown on the tentative map.
The offer shall be made by a certificate on the final map or separate recorded document. All land
so offered shall be free and clear of all liens and encumbrances and without cost to the city.
Streets that are already public are not required to be rededicated. Additional easements may be
required at final design to the satisfaction of the city engineer.
72. Developer shall design the private streets, as shown on the tentative map to the satisfaction of
the city engineer. The structural section of all private streets shall conform to City of Carlsbad
Standards based on R-value tests. All private streets shall be inspected by the city. Developer shall
pay the standard improvement plan check and inspection fees for private streets.
73. 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.
74. Developer shall prepare, and process public improvement plans and, prior to city engineer
approval of said plans, shall execute a city standard subdivision Improvement Agreement to install
· and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements
shown on the tentative map. Said improvements shall be installed to city standards to the
satisfaction of the city engineer. These improvements include, but are not limited to:
a. The right turn lanes on El Camino Real including A.C. pavement, street lights, storm drain,
curb, gutter and sidewalk as shown on the tentative map.
b. Public sewer system as shown on the tentative map.
c. Public water system as shown on the tentative map.
d. Public reclaimed water system as shown on the tentative map.
e. Relocation of public utilities along El Camino Real as shown on the tentative map.
75. Developer shall pay the standard improvement plan check and inspection fees in accordance with
the fee schedule. Improvements listed above shall be constructed within 36 months of approval
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of the subdivision or development improvement agreement or such other time as provided in said
agreement.
76. 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.
77. Developer shall provide all-weather maintenance access roads to the public drainage facilities
(e.g.: headwalls, rip-rap field, etc.) for this project to the satisfaction of the city engineer. Where
maintenance access roads are not practical and/or permitted, developer shall incorporate low-
maintenance design features to the satisfaction of the city engineer.
78. Developer is responsible to ensure utility transformers or raised water backflow preventers that
serve this development are located outside the public right-of-way or easement 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
79. 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:
1) The right turn lanes on El Camino Real including A. C. pavement, street lights, storm
drain, curb, gutter and sidewalk as shown on the tentative map.
2) Public sewer system as shown on the tentative map.
3) Public Water system as shown on the tentative map.
4) Public reclaimed water system as shown on the tentative map.
5) Relocation of public utilities along El Camino Real as shown on the tentative map.
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:
1) 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.
PC RESO NO. 7382 -29-
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Utilities
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
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.
80. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows,
fire hydrant locations, building sprinklers) are required to serve the project.
81. Developer shall design and agree to construct public facilities within public right-of-way or within
minimum 20-foot wide easements granted to the district or the City of Carlsbad. At the discretion
of the district or city engineer, wider easements may be required for adequate maintenance,
access and/or joint utility purposes.
82. The developer shall agree to design landscape and irrigation plans utilizing recycled water as a
source and prepare and submit a colored recycled water use map to the Planning Department for
processing and approval by the district engineer.
83. Developer shall install potable water and/or recycled water services and meters at locations
approved by the district engineer. The locations of said services shall be reflected on public
improvement plans.
84. The developer shall agree to install sewer laterals and clean-outs at locations approved by the city
engineer. The locations of sewer laterals shall be reflected on public improvement plans.
85. The developer shall design and agree to construct public water, sewer, and recycled water
facilities substantially as shown on the tentative map to the satisfaction of the district engineer
and city engineer.
86. The developer shall submit a detailed sewer study, prepared by a registered engineer, that
identifies the peak flows of the project, required pipe sizes, depth of flow in pipe, velocity in the
main lines, and the capacity of the existing infrastructure. Said study shall be submitted
concurrently with the improvement plans for the project and the study shall be prepared to the
satisfaction of the district engineer prior to approval of the improvement plans.
87. The developer shall submit a detailed potable water study, prepared by a registered engineer that
identifies the peak demands of the project (including fire flow demands). The study shall identify
velocity in the main lines, pressure zones, and the required pipe sizes. Said study shall be
submitted concurrently with the improvement plans for the project and the study shall be
prepared to the satisfaction of the district engineer prior to approval of the improvement plans.
PC RESO NO. 7382 -30-
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88. The developer shall submit a detailed recycled water study, prepared by a registered engineer
that identifies the peak demands of the project. The study shall identify velocity in the main lines
and the required pipe sizes. Said study shall be submitted concurrently with the improvement
plans for the project and the study shall be prepared to the satisfaction of the district engineer
prior to approval of the improvement plans.
Fire
89. Prior to issuance of building permits developer shall submit plans for all private fire und~rground
mains and fire hydrants directly to the fire marshal for review and approval.
90. Prior to final map approval or issuance of a grading permit, whichever occurs first, developer shall
submit to the fire department fire flow verification from Carlsbad Municipal Water District.
91. Prior to final map approval or issuance of a grading permit, whichever occurs first, developer shall
submit to the fire department a detailed Fire Lane signage and striping plan which includes a
parking enforcement plan that will be incorporated into the CC&R's for the development.
Code Reminders
92. This tentative map shall expire two years from the date on which the City Council voted to
approve this application.
93. 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.
94. The commercial portion of the project shall comply with the latest nonresidential disabled access
requirements pursuant to Title 24 of the California Building Code.
95. 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.
96. 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.
97. Prior to the issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
98. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050.
99. 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.
100. Subdivider shall comply with Section 20.16.040(d) of the Carlsbad Municipal Code regarding the
undergrounding of existing overhead utilities.
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101. Developer shall pay a landscape inspection fee as required by Section 20.08.050 of the Carlsbad
Municipal Code.
102. Developer shall report, in writing, to the City Planner within 30 days, any address change from
that which is shown on the permit application, any change in the telecommunications provider,
or any transfer in ownership of the site.
103. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
104. Any signs proposed for this development shall at a minimum be designed in conformance with
the city's Sign Ordinance and shall require review and approval of the City Planner prior to
installation of such signs.
105. Developer acknowledges that the project is required to comply with the city's greenhouse gas
(GHG) reduction ordinances and requirements. GHG reduction requirements are in accordance
with, but are not limited to, Carlsbad Municipal Code Chapters 18.21, 18.30, and 18.51 in addition
to the California Green Building Standards Code (CCR, Title 24, Part 11-CALGreen), as amended
from time to time. GHG reduction requirements may be different than what is proposed on the
project plans or in the Climate Action Plan Checklist originally submitted with this project.
Developer acknowledges that new GHG reduction requirements related to energy efficiency,
photovoltaic, electric vehicle charging, water heating and traffic demand management
requirements as set forth in the ordinances and codes may impact, but are not limited to, site
design and local building code requirements. If incorporating GHG reduction requirements results
in substantial modifications to the project, then prior to issuance of development (grading,
building, etc.) permits, Developer may be required to submit and receive approval of a
Consistency Determination or Amendment for this project through the Planning Division.
Compliance with the applicable GHG reduction requirements must be demonstrated on or with
the construction plans prior to issuance of the applicable development permits
NOTICE TO APPLICANT
The project site is within the appealable area of the California Coastal Commission. This Coastal
Development Permit (CDP) shall not become effective until ten (10) working days have elapsed, without
a valid appeal being filed with the Coastal Commission, following the Coastal Commission's receipt of the
city's notice of the CDP issuance ("Notice of Final Action"). The filing of a valid appeal with the Coastal
Commission within such time limit shall stay the effective date of this CDP until such time as a final decision
on the appeal is reached by the Coastal Commission.
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NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from date of 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 September 16, 2020, by the following vote, to wit:
AYES: Chair Anderson, Commissioners Geidner, Lafferty, Luna, Meenes, Merz, and Stine
NOES:
ABSENT:
ABSTAIN:
VEL YN ANDERSON, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
PC RESO NO. 7382 -33-
Item No.
Application complete date: December 24, 2018
P.C. AGENDA OF:September 16, 2020 Project Planner: Teri Delcamp
Project Engineer: Tim Carroll/Allison
McLaughlin
SUBJECT: CT 16-07/PUD 16-09/PUD 2018-0007/SDP 2018-0001/CDP 16-33/HDP 16-02/SUP 16-
02/EIR 2017-0001 (DEV16038) – MARJA ACRES – Request for a recommendation of 1)
certification of an Environmental Impact Report, including the approval of Candidate
Findings of Fact and a Mitigation Monitoring and Reporting Program, and 2) approval of
a Tentative Tract Map, Residential Planned Development Permit, Nonresidential Planned
Development Permit, Site Development Plan, Coastal Development Permit, Hillside
Development Permit and Special Use Permit to develop a mixed-use project consisting of
248 townhomes, 46 affordable senior apartments, and 10,000 square feet of specialty
commercial uses on 20.65 acres at 4901 El Camino Real, generally located south of El
Camino Real east of Kelly Drive, north of Park Drive, and west of West Ranch Street/Lisa
Street, within the Mello II Segment of the Local Coastal Program and in Local Facilities
Management Zone 1. The project is within the appealable area of the California Coastal
Commission.
I.RECOMMENDATION
That the Planning Commission 1) ADOPT Planning Commission Resolution No. 7381 RECOMMENDING
that the City Council CERTIFY the Environmental Impact Report EIR 2017-0001, including the approval of
Candidate Findings of Fact and a Mitigation Monitoring and Reporting Program, and 2) ADOPT Planning
Commission Resolution No. 7382 RECOMMENDING APPROVAL of Carlsbad Tract Map CT 16-07, Planned
Development Permit PUD 16-09, Planned Development Permit PUD 2018-0007, Site Development Plan
SDP 2018-0001, Coastal Development Permit CDP 16-33, Hillside Development Permit HDP 16-02, and
Special Use Permit SUP 16-02 to the City Council based on the findings and subject to the conditions
contained therein. The recommendation will be subject to the City Council taking action to exempt an
existing deficient Growth Management Plan circulation facility on southbound El Camino Real between
Tamarack Avenue and Cannon Road or other action deemed appropriate to address the deficiency.
II.PROJECT DESCRIPTION AND BACKGROUND
Project Setting
The 20.65-acre project site is comprised of two (2) parcels located south of El Camino Real, east of Kelly
Drive, north of Park Drive, and west of West Ranch Street/Lisa Street. The northern, lower portion of the
site (i.e., along El Camino Real) contains small-scale commercial development accessed from El Camino
Real. The western portion of the site is occupied by a commercial nursery. An upper mesa contains one
existing home with associated structures and disturbed land utilized in the past for agriculture. On the
slope between the commercial site and upper mesa are three existing wireless communication facilities
(WCFs) that are in the process of being decommissioned and removed. Existing single-family homes are
1
EXHIBIT 6
Nov. 3, 2020 Item #6 Page 111 of 1999
0
located to the south of the project site along Park Drive and to the west along Kelly Drive beyond a
Residential Agriculture-zoned parcel. A mobile home park is located to the east, accessed via Lisa Street.
The Robertson Ranch Master Plan’s residential development is across El Camino Real to the north of the
project site, along with the Master Plan’s future planned commercial pad, accessed from West Ranch
Street.
The project site’s existing commercial development sits just below the street level on El Camino Real, with
a steep slope up to the mesa behind the commercial uses. The project site ranges from approximately 58
to 67 feet above mean sea level (AMSL) at the lower pad of the site along El Camino Real, rising up to
approximately 112 feet AMSL at the site’s highest point at the upper mesa along the southern boundary.
Table 1 below includes the General Plan Land Use designations, zoning and current land uses of the project
site and surrounding properties.
TABLE 1 – SITE AND SURROUNDING LAND USES
Location General Plan Designation Zoning Current Land Use
Site R-15 Residential/General
Commercial (GC)
Residential Density –
Multiple (RD-M)/General
Commercial (C-2)
Single-Family
Residence/Retail &
Restaurant/WCFs
North Open Space (OS)/R-23
Residential
Planned Community (P-C)
(Robertson Ranch Master
Plan)
Open Space Slopes/Multi-
Family Residential
South R-4 Residential One-Family Residential (R-
1) Single-Family Residential
East R-4 Residential Residential Mobile Home
Park (RMHP) Mobile Home Park
West R-4 Residential Residential Agriculture (R-
A-10000)
Residential Agriculture/
Open Space
Background
With the approval of the city’s new General Plan in 2015, the General Plan land use designation and the
zoning on the project site’s residential parcel changed from Residential Low Medium Density (RLM) to
Residential (R-15) and from Residential Agriculture (R-A-10,000) to Residential Density-Multiple (RD-M),
respectively. The General Plan also changed the commercial parcel’s land use and zoning. The commercial
parcel’s General Plan land use designation changed from a combination of General Commercial (GC) and
Residential Low Medium Density (RLM) to all General Commercial (GC). The commercial parcel’s zoning
designation changed from a combination of General Commercial (C-2), General Commercial with a
Qualified Development Overlay (C-2-Q) and Residential Agriculture (RA-10,000) to all General Commercial
(C-2). When the California Coastal Commission (CCC) approved the city’s Local Coastal Program
Amendment (LCPA) application for the new General Plan in May 2016, the city agreed to remove several
proposed land use and zoning changes from the application because the CCC required more substantive
review. The changes to the Marja Acres site were removed at that time. After coordination between the
city and the CCC staff and more substantive review, the CCC approved the General Plan and Zoning
designations for the project site on February 8, 2017.
With the General Plan’s change in land uses for the site came a requirement through Resolution No. 7114
for the residential parcel to be developed with a minimum density of 12 dwelling units per acre and an
Nov. 3, 2020 Item #6 Page 112 of 1999
allocation of a further 100 dwelling units from the Excess Dwelling Unit Bank (EDUB). The 100 dwelling
units were in addition to the 35 units already allocated under the prior General Plan land use designation,
for a total of 135 units allocated to the site under the General Plan. The site is also required to provide a
minimum of 20% inclusionary housing units, or one of two other options that provide a deeper level of
affordability per Resolution No. 7114 (see Attachment 6).
The original application submitted by NUWI Carlsbad, LLC, in September 2016 envisioned a master-
planned community comprised of 32 single family homes (15 of which included accessory dwelling units
(ADUs) to partially meet inclusionary housing requirements), 151 townhomes, 35 age-restricted
inclusionary (senior affordable) apartments, and approximately 10,000 square feet of commercial uses.
At that time, the project contemplated reducing the size of the commercial land use area to approximately
one acre, thereby increasing the residential land use acreage to approximately 19 acres. In addition, the
project included the demolition of an existing single-family home on Park Drive to create a pedestrian
walkway connection between the existing Loma Laguna neighborhood to the south, and the proposed
Marja Acres community. The applicants indicated the connection was intended to allow for increased
neighborhood connectivity/engagement and enhanced pedestrian mobility, and would provide access to
the Marja Acres community amenities for residents in the Loma Laguna neighborhood. Due to the
proposed land use and zone changes, the original application also included requests for a General Plan
Amendment, Zone Change, Local Coastal Program Amendment and a Specific Plan.
The previous design of the project received significant growing opposition from the adjoining Loma
Laguna neighborhood. The opposition was related primarily to the loss of the home from their established
neighborhood for a new pedestrian connection, which was perceived as creating the potential for an
overflow on-street parking issue from future Marja Acres residents. At the same time, city staff had also
informed the applicant that the project would not receive staff support for meeting part of the
inclusionary housing requirement with ADUs, that the number of age-restricted apartment units needed
to be increased to make it a viable project, and that staff was concerned about the number of units being
requested from the EDUB given other potential requests in the Northwest Quadrant at that time. As a
result of the input from the surrounding residents and city staff, the applicant changed the project design,
submitted two additional applications, and withdrew the four land use applications in January 2018. The
rest of the application types remained on file as they are required for the redesigned project.
Project Description
NUWI Carlsbad, LLC, has submitted an application for the development of a mixed-use project on 20.65
acres of land generally located on the south side of El Camino Real east of Kelly Drive and west of Lisa
Street. The project proposes construction of 248 townhomes, 46 age-restricted inclusionary housing
(senior affordable) apartments, and two buildings for specialty commercial uses totaling approximately
10,000 square feet in area. The 20.65-acre project site currently consists of two legal parcels, one of which
has a land use designation and zoning for multi-family residential uses, and the other for commercial uses.
The residential parcel is 14.39 gross (12.04 net) acres in size, and the commercial parcel is 6.26 gross (5.73
net) acres in size. The tentative map will subdivide the existing parcels into 13 parcels. An environmental
impact report (EIR) has been prepared which analyzes the potential impacts to the environment that may
be caused by the proposed project. The environmental analysis has identified that all potential
environmental impacts of the project can be mitigated to a less than significant level.
In comparison to the original project described above, the currently-proposed project features two
separate yet interconnected development areas including mixed-use residential and commercial on the
Nov. 3, 2020 Item #6 Page 113 of 1999
commercial portion, an increase in the number of senior affordable apartments, an increase in the
number of townhomes, and elimination of single-family residences and ADUs. The proposed project is
also relying on state Density Bonus Law (California Government Code Section 65915) and Carlsbad
Municipal Code (CMC) Chapter 21.86, Residential Density Bonus and Incentives or Concessions, for the
project’s density in return for providing the proposed affordable housing units. Detailed descriptions of
the residential and commercial portions of the project are presented later in this section.
The project site has street frontage on El Camino Real, and is proposed to be accessed via two entry points
to a looped private street system that extends through the commercial mixed-use and residential project
areas. A main entry is located at the westerly portion of the site, and a second access is located to the
east. Two new southbound deceleration lanes are required to be constructed at each entry point, and will
provide right-turn-in, right-turn-out access. On-street parking is proposed on both sides of the looped
private street throughout the project, except for a short stretch at the main entry street into the project
site. Sidewalks provide interconnectivity throughout the project, between the residential and commercial
mixed-use areas, and to sidewalks on El Camino Real. El Camino Real fronting the project has been
improved to its full six-lane width with sidewalk, curb and gutter, and bicycle lanes.
Grading for the proposed project includes 247,227 cubic yards (cy) of cut, 183,942 cy of fill, with 120,255
cy of remedial grading and 63,285 cy of export. The grading will still result in two pads, but the lower pad
will be slightly elevated from El Camino Real and the upper pad will be substantially lower in height
compared to the existing grades. A grading permit is required for the project. A portion of the project
grading and street improvements are located within the existing San Diego Gas & Electric (SDG&E)
transmission easement. SDG&E has provided written concurrence with the proposed project design
including work and improvements within their easement.
Mixed-Use Commercial Development:
The northern 6.26-acre commercial portion of the site would be developed as a mixed-use project
with approximately 10,000 square feet of commercial uses within two buildings, 46 senior affordable
apartments within one building, and 13 market-rate townhomes within three buildings. One of the
three townhome buildings contains five townhomes, and the other two contain four townhomes
each. The three development areas will be on its own lot. The commercial uses include a 4,000-
square-foot restaurant pad and a 6,000-square-foot specialty retail pad. The proposed restaurant pad
includes an urban farm garden component, as does the senior apartment building. The residential
density of the mixed-use portion of the project is 41.3 dwelling units per net acre.
Architecturally, the single-story commercial buildings are designed in a contemporary farmhouse/Folk
style to relate to the style and materials of the existing retail/restaurant building on the site and the
site’s past history. The buildings feature stucco and board and batten siding, gable and barn-style
roofs with composition asphalt shingles, barn doors, and decorative elements including knee braces
and a cupola. The large townhome buildings on the commercial site will have architecture similar to
the residential portion of the site (discussed below), with a focus on exterior elements that are
complementary to the proposed restaurant and specialty retail buildings.
The architecture of the proposed three-story senior affordable apartment building echoes the
agricultural past of the site, with stucco and board formed corrugated siding on the ground floor level,
stucco on the upper levels, gable roofs with composition asphalt shingles, a variety of window shapes
and sizes, and decorative elements including shutters, awnings, cross-brace and slat railings at
Nov. 3, 2020 Item #6 Page 114 of 1999
balconies, beam outlookers and knee braces. Carports will cover the spaces in the parking lot, and
residents will have access to an urban farm and a passive common recreation area with a pathway,
benches, and a rose garden.
Multi-Family Residential Development:
The southern 14.39-acre portion of the site will be developed with 235 townhome units. The majority
of the buildings will comprise four or six townhome units each, with the remaining buildings
containing three, seven, eight or ten townhome units per building. The proposed residential density
is 19.6 dwelling units per net acre. There are 46 buildings within this area of the site and all of the
buildings are three stories. A total of 31 residential buildings feature four or six townhome units per
building. The remaining buildings have three townhomes (two buildings), five townhomes (five
buildings), seven townhomes (four buildings), and eight townhomes (four buildings). The townhomes
will have a ground floor two-car garage and living space, and two floors of living space above. The
project proposes two townhome building design concepts: “small” and “large” buildings. The westerly
portion of the residential area contains small townhome buildings with pitched roofs. The easterly
portion (and the townhomes in the commercial area) contains large townhome buildings with flat
roofs and roof decks on most of the units, except along some project perimeters.
The architecture of the residential portion of the project is a modern farmhouse/Folk style
incorporating vertical board and batten, stucco, and lap exterior siding; a variety of window shapes
and sizes; flat roofs or gabled roofs covered in asphalt shingles; wood, glass and metal railings; and
decorative accent elements including rafter tails, knee braces, shutters, and barn doors. A variety of
complementary palettes are proposed for the exterior building colors to further differentiate and
enhance the aesthetics of the project. The large townhome buildings feature flat roofs, many of which
have partial roof decks. Per the exhibit shown on Sheet AA0.1 of the project plans, two of the
townhome units at the ends of the buildings along the southerly perimeter and two buildings near
the easterly perimeter will not have roof decks. One building near the easterly perimeter shifted the
roof decks to the westerly portion of the roof. The current plan represents a change from the project’s
original submittal which showed roof decks on all of the large townhome units. Roof decks were
removed by the applicant in response to concerns expressed by neighboring residents. The small
townhome buildings have 3:12 pitched roofs and will be 35 feet in height. The large townhome
buildings with flat roofs will be 32’-6” in height with allowed protrusions and architectural elements
up to 36 feet for parapets/roof deck guard rails, and 42’-6” for enclosed stairwells. These protrusions
are allowed per CMC Section 21.46.020, as the architectural features will not provide additional
interior floor area, but will allow access to and use of the roofs for decks and solar photovoltaic
systems.
Eight active and passive common recreational spaces are provided within the residential area. The
active recreation areas include features such as a tot lot, lawn play areas over 10,000 square feet in
area, overhead shade structures, built-in BBQ and counter area, seating areas, bocce ball courts and
a cornhole play area. One passive recreation area provides a dog park, and several passive recreation
areas include lawn, shrubs, and a seating bench. Another area features a second BBQ and counter
area with an overhead shade structure and seating.
A breakdown of each type of residential unit in the residential and mixed-use portions of the project is
summarized in Table 2 below.
Nov. 3, 2020 Item #6 Page 115 of 1999
TABLE 2 – DETAILS FOR UNIT TYPE
Unit Type # Building Type Quantity Size Bedroom/
Bathrooms
Townhomes
P1 Small 35 1,703 SF 3/2.5
P2 Small 37 1,718 SF 3/2.5
P3 Small 48 1,734 SF 3/2.5
P4 Large 53 1,912 SF 4/4
P5 Large 5 2,054 SF 3/2.5
P6 Large 17 2,125 SF 3/2.5
P7 Large 53 2,349 SF 4/2.5
TOTAL MARKET-RATE UNITS 248
Senior Apartments
P1A N/A 39 524 SF 1/1
P1B N/A 6 545 SF 1/1
P2A N/A 1 757 SF 2/1
TOTAL AFFORDABLE UNITS 46
TOTAL NUMBER OF UNITS 294
Pursuant to CMC Chapter 21.86, the applicant is proposing 20% of the maximum base density number of
units as rent-restricted units affordable to “lower-income” households which allows a density bonus of
up to 35% to be granted. With this density bonus, the maximum number of units that would be allowed
for the 13.47 total net acres available for housing would be 304 dwelling units, with 45 of those units
required to be affordable to lower-income households. The applicant is proposing a total of 294 dwelling
units, which is 10 units less than what is allowed per density bonus law, with 46 lower-income units. The
project is also required to comply with the city’s inclusionary housing requirements in CMC Chapter 21.85,
which is satisfied through the provision of the 46 lower-income units as described later in this report. The
294-unit project has an overall proposed density of 21.8 dwelling units per acre. As part of the density
bonus request for providing 20% of the maximum base density units affordable to lower-income
households, up to two incentives or concessions may be requested (CMC Section 21.86.050) and an
unspecified number of waivers. The applicant is requesting an incentive and a concession, as well as
waivers, including an allocation of 158 dwelling units (the project will be given credit for the one existing
dwelling unit that will be demolished) from the city’s Excess Dwelling Unit Bank as part of the density
bonus request, which is discussed in Section A below.
The application was submitted prior to the effective date of Policy 84, Development Project Public
Involvement Policy, that requires enhanced stakeholder public outreach for this type of project. However,
the applicant has conducted extensive public outreach throughout the project’s processing with both the
original and current project designs. The applicant’s team met with surrounding residents, property
owners, and interested parties from approximately November 2017 through August 2020. Seven neighbor
workshops were held in 2017 and early 2018 on the project design and updates to the project. A total of
18 community workshops and meetings were held between April 2018 and December 2018, with 14 more
community meetings during 2019. The applicant also held five neighbor meetings in September and
November 2019. During the current year, a total of 11 neighbor meetings and five community meetings
have been held between January and August 2020. As noted previously, neighboring residents expressed
concerns about the original project and the applicant redesigned the project partly in response to those
concerns. Public concerns about the currently-proposed project include but are not limited to density,
Nov. 3, 2020 Item #6 Page 116 of 1999
traffic, privacy, noise, parking and the loss of existing commercial businesses. The applicant has responded
to the concerns they are able to address by adding solid masonry perimeter walls and eliminating roof
decks at the end units of the townhome buildings along the southern and eastern boundaries of the
project. They are also providing on-street visitor parking on both sides of the project street that exceeds
the amount required. Other comments have been received in support of needed housing and reminding
the Planning Commission of the Housing Accountability Act requirements. Comments received from the
public have been attached to this staff report in Attachment 9.
The project requires the following discretionary actions:
• Certification of an Environmental Impact Report (EIR 2017-0001)
The project EIR constitutes the environmental review required by the California Environmental
Quality Act (CEQA) for the approval of all related discretionary applications.
• Tentative Tract Map (CT 16-07)
A Tentative Tract Map for the creation of five residential condominium lots, one commercial lot, one
affordable housing lot, three private street lots, and three recreation/open space lots, for a total of
13 lots.
• Residential Planned Development Permit (PUD 16-09)
A Planned Development Permit for the airspace subdivision of the residential development.
• Nonresidential Planned Development Permit (PUD 2018-0007)
A Planned Development Permit for separate ownership of lots and residential airspace for the
townhomes within the commercial portion of the project. In addition, this action will include
rescinding Precise Plan 20 that was adopted by the City Council in 1968 (Resolution No. 1507) for the
main existing building (the Country Store) in conjunction with a request for commercial zoning for a
portion of the property. The Precise Plan limited the variety of commercial uses on the commercial
portion of the site, and required that no less than six of those uses be active on the site at any given
time. The Precise Plan is outdated based on the current General Plan and zoning designations, and
the C-2 list of permitted and conditional uses apply like every other C-2-zoned property. Therefore,
the Precise Plan will be rescinded.
• Site Development Plan (SDP 2018-0001)
A Site Development Plan for the affordable senior housing component and the proposed townhomes
located within the General Commercial zone.
• Coastal Development Permit (CDP 16-33)
A Coastal Development Permit for the development of the proposed project that is located within the
Coastal Zone.
• Hillside Development Permit (HDP 16-02)
A Hillside Development Permit for grading of the proposed project which contains hillside conditions
that are defined as slopes greater than 15 feet in height and 15% gradient.
• Special Use Permit (16-02)
A Special Use Permit for development of the project in the Scenic Preservation Overlay with frontage
on El Camino Real that is subject to the El Camino Real Corridor Development Standards.
Nov. 3, 2020 Item #6 Page 117 of 1999
The project’s discretionary applications are all within the purview of the Planning Commission per the
Carlsbad Municipal Code. However, one aspect of the project’s CDP application for deviations to grading
of steep slopes within the Coastal Zone requires action by the City Council. Therefore, per CMC Section
21.54.040, Decision-making authority for multiple development permits, all of the applications and the
certification of the EIR require City Council action. The Planning Commission’s action on the project will
be a recommendation.
III. ANALYSIS
The project is subject to the following regulations:
A. General Plan R-15 Residential and General Commercial (GC) Land Use Designations and
Density Bonus Ordinance (CMC Chapter 21.86);
B. Residential Density – Multiple (RD-M) Zone and Planned Development Ordinance (CMC
Chapters 21.24 and 21.45);
C. General Commercial (C-2) Zone, Nonresidential Planned Development Ordinance (CMC
Chapters 21.28 and 21.47) and Precise Plan 20;
D. Inclusionary Housing Ordinance (CMC Chapter 21.85);
E. Subdivision Ordinance (CMC Title 20);
F. Local Coastal Program (Mello II Segment) and Coastal Resource Protection Overlay Zone
(CMC Chapter 21.203);
G. Site Development Plan (CMC Chapters 21.28 (C-2 Zone), 21.53 (Affordable Housing) and
21.84 (Housing for Senior Citizens));
H. Scenic Preservation Overlay Zone Regulations (CMC Chapter 21.40 and the El Camino Real
Corridor Development Standards);
I. Hillside Development Regulations (CMC Chapter 21.95);
J. McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP); and
K. Growth Management Ordinance (CMC Chapter 21.90) and Local Facilities Management
Plan Zone 1.
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. General Plan R-15 Residential and General Commercial (GC) Land Use Designations and Density
Bonus Ordinance (CMC Chapter 21.86)
The General Plan Land Use designations for the property are R-15 Residential and General Commercial
(GC). The R-15 Residential land use designation on 14.39 acres of the site allows residential development
at a density range of 8-15 dwelling units per acre (du/ac) with a Growth Management Control Point
(GMCP) of 12 du/ac. The General Commercial (GC) land use designation on 6.26 acres of the site allows
for neighborhood serving commercial uses or commercial uses that serve a broader area of the
community. The General Commercial (GC) land use designation and CMC Section 21.28.15 also allow for
mixed-use (residential uses within a commercial development). Both the General Plan and CMC Section
21.28.15 allow the residential density to be computed based on 25% of the net developable commercial
acreage.
Nov. 3, 2020 Item #6 Page 118 of 1999
The applicant is requesting approval of a density bonus to increase the number of dwelling units pursuant
to CMC Chapter 21.86, the Residential Density Bonus and Incentives or Concessions ordinance. CMC
Chapter 21.86 was established to implement state law and the General Plan Housing Element’s goals,
objectives and policies, which include provisions to increase the number of housing units affordable to
lower-income households. Density bonus provisions allow units beyond the General Plan’s maximum
allowable density. Table 3 below identifies the permissible density range for the project based on the
site’s R-15 Residential and General Commercial (GC) land use designations, and also outlines the allowable
and proposed density in conjunction with the density bonus request.
TABLE 3 – PROPOSED DENSITY
Gross
Acres Net Acres
DUs
Permissible at
Minimum or
GMCP*
Density
DUs
Permissible at
General Plan
Maximum
Base Density
Allowed/
Proposed Density
Bonus units
DUs Proposed and
Project Density
(Zone Base +
Density Bonus)
GC General Commercial (Mixed-use residential density based on 25% of net acres at 15-30 du/ac)
6.26 5.73 x .25 =
1.43
22** (15
du/ac)
43 (30 du/ac) Max. 35% = 16
additional units
allowed/proposed
59 (41.3 du/ac)
R-15 Residential
14.39 12.04 145** (12
du/ac)
181 (15 du/ac) Max. 35% = 64
units allowed/
30% = 54 units
proposed
235 (19.6 du/ac)
Totals 167 224 70 294
* GC General Plan land use designation does not state a GMCP for residential uses in a commercial development,
so the minimum density is used; GMCP is used for the R-15 Residential portion.
** Density bonus law requires all calculations to be rounded up to a whole number and supersedes any city
standards that call for rounding down.
Pursuant to Table B of CMC Section 21.86.040, the applicant is providing at least 20% of the 224 base units
(45 units) affordable to “low-income” households. In return, the applicant is entitled to a 35% density
bonus increase in units. Low-income households are those whose gross income is 80% or less of the area
median income (AMI) for San Diego County as determined annually by the U.S. Department of Housing
and Urban Development. While the project could therefore include all affordable units at 80% AMI under
density bonus, the applicant also must meet the city’s inclusionary housing requirements by providing a
deeper level of affordability as discussed in Section D below. The Marja Acres project proposes 46 units
that are affordable to households earning 60% AMI or lower. The inclusionary units are required to be
affordable for a period of 55 years. The project includes nine (9) apartments for “low-income” senior
households earning 60% AMI, and 37 apartments for “very-low-income” households earning 50%
AMI. The combination of low- and very-low-income apartments is collectively defined in CMC Section
21.85.020 as “lower-income” units, a term that is used throughout this staff report.
Nov. 3, 2020 Item #6 Page 119 of 1999
Density Bonus Housing Standards
Table 4 below summarizes the housing standards required for a density bonus project.
TABLE 4 – CMC SECTION 21.86.090 - DENSITY BONUS HOUSING STANDARDS
STANDARD ANALYSIS COMPLY?
A. Affordable dwelling units constructed
concurrent with market-rate dwelling units
unless both the City Council and the
applicant agree within the density bonus
housing agreement to an alternative
schedule for development.
The 46 affordable units will be built
concurrent with the market-rate units
unless an alternative schedule is
agreed upon within the density bonus
housing agreement.
Yes
B. Affordable dwelling units and density bonus
units should be built on-site (within the
boundary of the proposed development)
and, whenever reasonably possible, be
distributed throughout the project site.
The affordable units will be built on-
site within a building dedicated as an
affordable senior apartment building.
Due to the nature of the affordable
units and specific requirements
related to housing for senior citizens
discussed in Section G below, it is not
feasible to distribute the affordable
units throughout the project site. The
density bonus units are townhome
units and are distributed throughout
the project site.
Yes
C. Whenever feasible, target [affordable]
dwelling units should be located on sites
that are in proximity to, or will provide
access to, employment opportunities, urban
services, or major roads or other
transportation and commuter rail facilities
(i.e., freeways, bus lines) and that are
compatible with adjacent land uses.
The proposed project is located
adjacent to bus stops for two bus
routes that serve Carlsbad, Oceanside
and Encinitas with bus and rail
connections to the broader region.
The affordable senior apartments are
located on the same site as the
proposed specialty retail and
restaurant uses, and across El Camino
Real from the future Robertson Ranch
shopping center. The site is also within
1.7 miles of other urban services. The
proposed project is compatible with
the proposed townhomes on site and
with surrounding land uses.
Yes
D. Whenever feasible, target dwelling units
should vary in size and number of
bedrooms, in response to affordable
housing demand priorities of the city.
The affordable senior apartments
include 45 one-bedroom units and
one two-bedroom unit that range in
size from 524 to 757 square feet, and
are approved by the Housing Policy
Team in response to housing demand
priorities for seniors.
Yes
Nov. 3, 2020 Item #6 Page 120 of 1999
TABLE 4 – CMC SECTION 21.86.090 - DENSITY BONUS HOUSING STANDARDS (CONTINUED)
STANDARD ANALYSIS COMPLY?
E. Density bonus projects shall comply with all
applicable development standards, except
those which may be modified as an
incentive or concession, or as otherwise
provided for in this chapter. In addition, all
units must conform to the requirements of
the applicable building and housing codes.
The design of the target dwelling units shall
be reasonably consistent or compatible with
the design of the total project development
in terms of appearance, materials and
finished quality.
With the exception of the permissible
incentives, concessions and waivers
discussed below, the project is
consistent with all applicable
development standards. Further, the
design of the affordable senior
apartment building is consistent with
the design of the overall project in
terms of architecture, massing and
articulation, materials and finished
quality.
Yes
F. No building permit shall be issued, nor any
development approval granted, for a
development which does not meet the
requirements of this chapter. No target
dwelling unit shall be rented or sold except
in accordance with this chapter.
A density bonus agreement is required
to be recorded prior to building permit
issuance. The agreement will include
details as specified pursuant to CMC
Section 21.86.130.
Yes
G. Upon the request of the applicant, the
parking ratio (inclusive of handicap and
guest parking) for a housing development
that conforms to the requirements of
Section 21.86.040(A) shall not exceed the
ratios specified in Table A or as noted,
below. If the applicant does not request the
parking ratios specified in this section or the
project does not conform to the
requirements of Chapter 21.86.040(A), the
parking standards specified in Chapter 21.44
of this code shall apply.
The applicant has not requested the
parking ratios noted under this
section, so they are not applicable.
Table A requires two parking spaces
per unit for multiple-family dwellings
with two-to-three bedrooms, with at
least one covered. All townhomes in
the project have three bedrooms and
a two-car garage. Table A requires
housing for senior citizens at a ratio of
1.5 spaces per unit plus one covered
space for a manager’s unit, and one
visitor space for every five units.
However, as discussed in Section C
below, California Government Code
Section 65915(p)(1) supersedes CMC
Chapter 21.44 parking standards, so
the project complies.
Yes
Incentives or Concessions
Pursuant to CMC Section 21.86.050(A)(3)(c) of the Density Bonus Ordinance, for a project which
designates at least 20% of the total units for lower-income households, a total of two incentives or
concessions shall be granted.
An incentive or concession may include any of the following:
Nov. 3, 2020 Item #6 Page 121 of 1999
• A reduction in site development standards or a modification of zoning code or architectural design
requirements (excluding State Building Standards), that results in identifiable, financially sufficient
and actual cost reductions. A reduction/modification to standards or requirements may include, but
is not limited to, a reduction in minimum lot size, setback requirements, and/or in the ratio of
vehicular parking spaces that would otherwise be required.
• Approval of mixed-use zoning in conjunction with the housing development if: (a) commercial, office,
industrial or other land uses will reduce the cost of the housing development; and (b) the commercial,
office, industrial, or other land uses are compatible with the housing development and the existing or
planned future development in the area where the proposed project will be located.
• Other regulatory incentives or concessions that result in identifiable, financially sufficient and actual
cost reductions.
• The city council may, but is not required to, provide direct financial incentives, including the provision
of publicly owned land, or the waiver of fees or dedication requirements. The applicant is requesting the following concessions/incentives:
1. Request for excess dwelling units: Since the project proposes to construct 158 more units (credit
for one existing unit on site) than were allocated for the site during the General Plan update (and
more than are permitted at the city’s GMCP), the additional residential units must be withdrawn
from the city’s Excess Dwelling Unit Bank (EDUB). The EDUB is implemented through City Council
Policy No. 43. Pursuant to City Council Policy No. 43, an applicant for an allocation of dwelling
units shall agree to provide the number of inclusionary units as required and shall execute an
affordable housing agreement (AHA) prior to building permit issuance pursuant to CMC Sections
21.85.050 and 21.85.140, respectively. As discussed below, the proposal to construct 294 units,
including 46 inclusionary units, is consistent with the inclusionary housing requirement as set
forth in City Council Policy No. 43. The project’s consistency with City Council Policy No. 43 is
discussed later in this section. City Council Policy No. 43 identifies that the allocation of EDUB
units is an incentive as defined in CMC Section 21.86.020 and states that such allocation will result
in “identifiable, financially sufficient and actual cost reductions to the project by permitting more
dwelling units on a site than would otherwise be allowed by the underlying General Plan land use
designation.” The Policy goes on to state that permitting such density thereby reduces land costs
per dwelling unit.
2. Horizontal Mixed Use: The C-2 zone allows residential density in conjunction with commercial uses
for a mixed-use project, based on 25% of the net acreage at 15-30 du/ac. CMC Section
21.28.015(A) requires a mixed-use project to provide the residential units above the ground floor
in a multi-story commercial building with only permitted commercial uses on the ground floor
(“vertical” mixed-use project). The applicant is requesting to be able to provide “horizontal” mixed
uses instead, with 13 townhomes and the affordable senior apartments located in buildings that
are separate from the two commercial buildings. As discussed in Planning Commission Resolution
No. 7382, a concession to allow the project not to provide housing on the upper floors of a multi-
story commercial building is an appropriate concession for the requested density bonus in that it
results in cost reductions to enable the provision of housing affordable to the designated income
groups. See Attachment 8 for cost offset/reduction documentation.
Nov. 3, 2020 Item #6 Page 122 of 1999
Waiver or Reduction of Development Standards
In addition to incentives or concessions, CMC Section 21.86.060 also authorizes the waiver or reduction
of development standards that would “have the effect of physically precluding the construction of a
density bonus housing development at the density or with the incentives or concessions permitted by”
CMC Chapter 21.86. There is no limit on the number of waivers or reductions of development standards
that may be granted, and the grant of a waiver or reduction shall neither increase nor decrease the
number of incentives or concessions to which the project is entitled. Waivers or reductions of
development standards shall be granted by the city unless certain findings can be made. In order to deny
the requested waivers or reductions, the city would have to make any of the following findings in writing
based upon substantial evidence:
• The standard(s) requested to be waived or reduced will not have the effect of physically precluding
the construction of a housing development at the densities or with the incentives or concessions
permitted by this chapter;
• The requested waiver or reduction of development standards would have a specific adverse impact
(a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written
public health or safety standards, policies, or conditions as they existed on the date the application
was deemed complete) upon public health and safety or the physical environment, or on any real
property that is listed in the California Register of Historical Resources, and for which there is no
feasible method to satisfactorily mitigate or avoid the specific adverse impact.
• The waiver or reduction of development standards would be contrary to state or federal law.
Staff has found no substantial evidence that any of the above findings apply in this case.
The applicant is requesting the following six (6) waivers or reductions in development standards:
1. Waiver of requirement in CMC Section 21.28.015(C)(2) for residential uses to be secondary to
primary commercial uses in the C-2 zone: The proposed project contains an appropriate mix of
commercial and residential uses within the commercial parcel relative to the market and given
the concession to not require vertical mixed-use. The senior housing is located within the
commercial parcel in order to facilitate accessible routes to retail and restaurant amenities, parks,
transit and open space. With the future development of Robertson Ranch’s larger, 15-acre
commercial pad located directly north of the project site, the market will not withstand another
commercial center on the subject property. Reducing the senior housing or the number of
townhomes within the commercial parcel to comply with this standard would physically preclude
the implementation of the proposed project at the density and with the incentives/concessions
permitted by CMC Chapter 21.86.
2. Reduction of Residential Planned Unit Development parkway width and sidewalk width standards
in CMC Section 21.45.060 (Table C, Section C.4): The project includes parkways varying in width
from 3.5 to five feet instead of 5.5 feet. Sidewalks are proposed on both sides of the private street
and vary in width from four to 4.5 feet rather than five feet. Imposing the 5.5-foot and five-foot
wide standards, respectively, would reduce the project’s developable pad area and would
physically preclude construction of the proposed project at the density and with the incentives or
concessions permitted by CMC Chapter 21.86.
Nov. 3, 2020 Item #6 Page 123 of 1999
3. Waiver of Residential Planned Unit Development building setback requirement in CMC Section
21.45.080 (Table E, Section E.5): The applicant requests a waiver of the 10-foot building setback
from a private street right of way. However, the private street will include a 10-foot area between
the curb and the townhome buildings that contains a landscape parkway, meandering sidewalk
and a landscaped buffer area. Requiring the townhome buildings to be set back an additional 10
feet would reduce the developable pad area and physically preclude construction of the project
at the density and with the incentives or concessions permitted by CMC Chapter 21.86.
4. Waiver of Hillside Development Ordinance grading volume standards in CMC Section
21.95.040(D)(2): The project includes a volume of grading that is 11,972 cubic yards per acre
(cy/ac). Per CMC Section 21.95.040(D)(2), a grading volume greater than 10,000 cy/ac is
considered to be unacceptable. An important project objective to ensure compatibility of the
project with single family homes south of the project site is to preserve privacy of those homes to
the extent possible. The southerly perimeter of the project site is therefore being graded down,
and in combination with additional earthwork required to create a development pad sufficient in
size to physically accommodate the proposed project, the acceptable grading volume is being
exceeded. Further, the terraced grading design and related earthwork is needed to meet safety
standards associated with the primary private loop street which provides access to the site.
Finally, the project’s geotechnical report concludes that the site appears suitable for the proposed
development from a geotechnical engineering and geologic viewpoint. The project plans include
the required alternative grading exhibit to hypothetically show how the project would be
designed if within acceptable grading volume ranges. The exhibit shows that the number of units
would be reduced to 253 dwelling units. Application of the acceptable grading standard would
have the effect of physically precluding construction of the proposed project at the density and
with the incentives/concessions permitted by CMC Chapter 21.86.
5. Waiver of Hillside Development Ordinance maximum vertical retaining wall height standard in
CMC Section 21.95.140(C)(1): The applicant requests a waiver of the specific limitation to a
maximum of six vertical feet for retaining walls. Due to the unique topography of the project site,
the project includes fewer but taller retaining walls. The majority of these walls are not visible
from the public right of way. Compliance with the maximum six-foot retaining wall height
standard would result in numerous terraced walls, which in turn would reduce the total
developable residential pad area and physically preclude construction of the proposed project at
the density and with the incentives/concessions permitted by CMC Chapter 21.86.
6. Waiver of standards relating to maximum cut and fill within the El Camino Real Corridor
Development Standards Section IV(B): The El Camino Real Corridor Development Standards state
that the maximum cut or fill depth or height within the applicable Corridor area should not exceed
10 feet. Grading with cuts or fills exceeding 10 feet are necessary to implement the project
objective related to preservation of privacy for the existing homeowners to the south of the
project site. Furthermore, a waiver of this standard is necessary to implement the proposed
grading design that reduces the height and visibility of manufactured slopes along El Camino Real
and allows the project to meet safety standards for ingress and egress (road gradient) onto the
property. Application of the 10-foot cut and fill standard would also reduce the developable pad
area and would physically preclude construction of the proposed project at the density and with
the incentives/concessions permitted by CMC Chapter 21.86.
Nov. 3, 2020 Item #6 Page 124 of 1999
Summary of General Plan Compliance
The following Table 5 describes how the proposed project is consistent with the various elements of the
Carlsbad General Plan.
TABLE 5 – GENERAL PLAN COMPLIANCE
ELEMENT USE, CLASSIFICATION, GOAL,
OBJECTIVE, OR PROGRAM
PROPOSED USES &
IMPROVEMENTS COMPLY?
Land Use &
Community
Design
Goal 2-G.1
Maintain a land use
program with amount,
design and arrangement of
varied uses that serve to
protect and enhance the
character and image of the
city as expressed in the
Carlsbad Community Vision,
and balance development
with preservation and
enhancement of open
space.
The General Plan designates the site
for multi-family residential and
commercial development. The
proposed project will provide
additional for-sale housing and
affordable senior apartment
opportunities, as well as
neighborhood serving commercial
uses similar in scale to the
commercial uses currently existing
on the site. The project integrates
the proposed uses with the existing
community by encouraging social
interaction through the provision of
recreational and open space needs
of project residents and connection
to the existing pedestrian
circulation system along El Camino
Real.
Yes
Yes
Goal 2-G.2
Promote a diversity of
compatible land uses
throughout the city, to
enable people to live close
to job locations, adequate
and convenient commercial
services, and public support
systems such as transit,
parks, schools, and utilities.
The project will provide a diversity
of compatible land uses and a
variety of product types that will
appeal to a wide cross-section of
residents, including 248 for-sale
townhomes close to job locations
and schools, and 46 affordable
senior apartments close to the
project’s and nearby commercial
services. The project includes on-
site recreation and urban garden
amenities. The project design
provides all required parking and
excess visitor parking, but also has
convenient access to public transit
via NCTD Routes 309 and 323 along
the El Camino Real corridor that
serve Carlsbad, Oceanside and
Encinitas with bus and rail
connections to the broader region.
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Goal 2-G.3
Promote infill development
that makes efficient use of
limited land supply, while
ensuring compatibility and
integration with existing
uses. Ensure that infill
properties develop with
uses and development
intensities supporting a
cohesive development
pattern.
The project site is surrounded by
existing development on all sides,
and is not located within a proposed
preserve area identified in the City’s
HMP. The project would provide the
project’s residents and nearby
residential areas with access to
neighborhood-serving commercial
uses, and provide workforce
housing to support nearby
employment centers. The project
does not request additional building
height and has been designed to
lower grades to ensure
compatibility with existing adjacent
single-family neighborhoods.
Yes
Yes
Yes
Yes
Goal 2-G.4
Provide balanced
neighborhoods with a
variety of housing types
and density ranges to meet
the diverse demographic,
economic and social needs
of residents, while ensuring
a cohesive urban form with
careful regard for
compatibility.
The project helps to provide a
variety of housing types and density
ranges to meet diverse
demographic and economic needs
of the city’s residents. The project is
intended to provide needed
workforce housing for nearby
employment, and affordable
housing for seniors. The project
does not propose additional
building height and has been
designed to lower the grade to help
ensure the mass and scale of the
proposed townhomes are
compatible with the adjacent single-
family neighborhoods.
Goal 2-G.6
Allow a range of mixed-use
centers in strategic
locations that maximize
access to commercial
services from transit and
residential areas.
Goal 2-G.7
Ensure that neighborhood
serving shopping and
mixed-use centers include
shopping as a pedestrian-
oriented focus for the
Two regional and local serving bus
transit service lines (Routes 309 and
323) along El Camino Real will
provide connectivity between the
project site and employment and
community facilities outside the
project site. Existing southbound
and westbound transit stops are
located on both sides of El Camino
Real at Kelly Drive, with an
additional southbound stop at Lisa
Drive. Regional pedestrian and
biking trails on existing roadways
provide access to adjacent
Nov. 3, 2020 Item #6 Page 126 of 1999
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PROPOSED USES &
IMPROVEMENTS COMPLY?
surrounding neighborhood,
are physically integrated
with the surroundings, and
contain neighborhood-
serving stores and small
offices. Where appropriate,
include in the centers high
and medium density
housing surrounding the
retail core or integrated in
mixed-use buildings.
neighborhoods, community facilities
and commercial uses.
The proposed mixed-use
development includes small-scale
specialty retail and restaurant uses
integrated with the surrounding
higher density townhomes and
affordable senior apartments that
are connected via proposed
sidewalks and the private street.
Yes
Yes
Policy 2-P.8
Do not permit residential
development to exceed the
applicable Growth
Management Control Point
(GMCP) density unless the
following findings are
made: a. The project
qualifies for and will receive
an allocation of “excess”
dwelling units, pursuant to
City Council Policy No. 43.
b. There have been
sufficient residential
projects approved at
densities below the GMCP
so the citywide and
quadrant dwelling unit
limits will not be exceeded
as a result of the proposed
project. c. All necessary
public facilities required by
the Citywide Facilities and
Improvements Plan will be
constructed, or are
guaranteed to be
constructed, concurrently
with the need for them
created by this
development and in
compliance with adopted
city standards.
The proposed 294-unit residential
and mixed-use project qualifies for
an allocation of excess dwelling
units pursuant to City Council Policy
No. 43 since the project includes the
affordable housing units required by
CMC Chapters 21.85 and 21.86 and
the project is conditioned to
execute affordable housing and
density bonus housing agreements.
There are currently excess dwelling
units available in the Northwest
Quadrant as a result of residential
projects approved at densities
below the GMCP. All necessary
public facilities required by the
Citywide Facilities and
Improvements Plan will be
constructed, or are guaranteed to
be constructed, concurrently with
the need for them created by this
development and in compliance
with adopted city standards.
Policy 2-P.9
Incentivize development of
The proposed 294-unit residential
and mixed-use project includes 46
Nov. 3, 2020 Item #6 Page 127 of 1999
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PROPOSED USES &
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lower-income affordable
housing by allowing
residential development
above the GMCP and
maximum densities
permitted by the General
Plan, subject to the findings
specified in 2-P.8, above,
and an evaluation of the
following: (a) the proposal’s
compatibility with adjacent
land uses, and (b) the
project site’s proximity to a
minimum of one of the
following: freeway or major
street; commercial center;
employment opportunities;
city park or open space; or
commuter rail or transit
center.
affordable units which will be
rented to low- and very-low-income
households. The project has been
designed with lowered grades to
reduce the massing of the three-
story townhome buildings so as to
be compatible with adjacent single-
family residential land uses. The
project site is located on a major
street, El Camino Real; is located
across the street from a future
shopping center; is adjacent to east-
and westbound bus stops for two
NCTD bus routes; and provides
workforce housing within two to
four miles of major employment
opportunities in Carlsbad’s business
and industrial parks.
Mobility Goal 3-G.3
Provide inviting streetscapes that
encourage walking and promote
livable streets.
The proposed project will maintain
an existing sidewalk along El Camino
Real, and will provide continuous
connected sidewalks and pathways
throughout the project, which will
provide pedestrian access to and
from the project. Bike lanes already
exist on El Camino Real.
Yes
Yes
Yes
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.
The proposed project has been
designed to meet applicable
circulation requirements, which
include two street entries from El
Camino Real that will each provide
deceleration lanes. In addition, the
applicant will be required to pay
traffic impact fees prior to issuance
of building permits that will go
towards future road improvements.
Policy 3-P.9
To exempt the vehicle mode of
travel from the LOS standard at a
particular street intersection or
segment, the intersection or street
segment must be identified as
built-out by the City Council
because:
The project’s Local Mobility Analysis
indicates that existing southbound
El Camino Real from Tamarack
Avenue to Cannon Road in the
morning peak hour does not
achieve the LOS D standard. The
city’s GMP circulation monitoring
for fiscal year 2018-19 also notes
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a. acquiring the rights of way is not
feasible; or
b. the proposed improvements
would significantly impact the
environment in an unacceptable
way and mitigation would not
contribute to the nine core values
of the Carlsbad Community Vision;
or
c. the proposed improvements
would result in unacceptable
impacts to other community
values or General Plan policies; or
d. the proposed improvements
would require more than three
through travel lanes in each
direction.
the same deficiency. The GMP
monitoring report is in the process
of being presented to the Traffic
and Mobility Commission for a
recommendation to the City
Council. The Traffic and Mobility
Commission and City Council are
tentatively scheduled to take up the
matter in October 2020. El Camino
Real between Tamarack Avenue and
Cannon Road was widened and
improved through the development
of Robertson Ranch and a city
Capital Improvement Project. This
segment has been widened to three
through travel lanes in each
direction and so is built out to its
ultimate design. Therefore, the
segment meets the criteria for the
City Council to exempt this segment
from the LOS standard per this
Policy. However, because the City
Council has not yet had the
opportunity to consider or act on
exempting the facility at this time,
the applicant will be requesting the
City Council to do so when they
consider the project.
Yes Policy 3-P.11
Require new development that
adds vehicle traffic to street facili-
ties that are exempt from the
vehicle LOS standard (consistent
with 3-P.9) to implement:
a. Transportation demand
management strategies that
reduce the reliance on single-
occupant automobile and assist in
achieving the city’s livable streets
vision.
b. Transportation system
management strategies that
improve traffic signal coordination
and improve transit service.
The project will add vehicle traffic to
El Camino Real. In the event
southbound El Camino Real
between Tamarack Avenue and
Cannon Road is exempted from the
LOS standard; the project will
comply with this policy because it is
conditioned to implement
transportation demand
management and transportation
system management strategies.
Open Space,
Conservation
Goal 4-G.3 There are no wildlife habitats or
rare, threatened or endangered
Yes
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and
Recreation
Protect environmentally sensitive
lands, wildlife habitats, and rare,
threatened or endangered plant
and animal communities.
plant or animal communities
present on the project site. There is
a potential non-wetland waters of
the US (an existing man-made
drainage swale) that may require
regional, state or federal agency
permits. The project also has the
potential to affect nesting birds.
Mitigation measures will address
these potential impacts.
Yes
Yes
Goal 4-G.13
Protect air quality within the city
and support efforts for enhanced
regional air quality.
The project implements and is
consistent with measures identified
in the Climate Action Plan (CAP)
through the provision of renewable
energy generation (photovoltaic
systems), energy conservation
(Green Building Code), and by
accommodating Zero-Emission
vehicles and other greenhouse gas
reduction measures and features.
The project will also be subject to
CAP ordinances that are in effect at
the time building permits are
issued.
Policy 4-P.1
Maintain an integrated open space
classification system that
accommodates conservation,
resource production, recreation,
and aesthetic needs.
The project is not required to build
a park or provide public open space.
However, the project exceeds the
active and passive recreational
areas required by CMC Chapter
21.45, Planned Developments, and
CMC Chapter 21.84, Housing for
Senior Citizens. The project’s
residential component provides
eight on-site neighborhood
recreation areas totaling
approximately 1.2 acres spread
throughout the site. The tables in
Attachment 3 explain how the
project meets the requirements of
CMC Section 21.45.060 for common
recreational space for the
residential portion of the project.
The commercial portion of the
project site also provides the
required passive common
recreational area. Per CMC Section
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21.84.060, the senior apartment
building is required to provide a
minimum of 920 SF of passive
common recreation space. A total of
3,710 SF of passive recreation is
provided, including an urban
farm/community garden, seating,
pathway and rose garden.
Noise Goal 5-G.1
Protect public health and welfare
by eliminating existing noise
problems where feasible,
maintaining an acceptable indoor
and outdoor acoustic
environment, and preventing
significant degradation of the
acoustic environment.
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.
The primary noise source associated
with the proposed project will be
from traffic along El Camino Real.
According to the project’s noise
study prepared by Dudek,
December 2018, with an update
memorandum dated August 7,
2019, the project will require the
installation of noise barriers at
usable outdoor patio, balcony areas
or rooftop decks of townhomes
with a direct, unobstructed view of
El Camino Real. The study also
identified potential noise impacts
associated with HVAC equipment on
the existing residential units that
are directly adjacent to the project.
An acoustical report is required
prior to the issuance of building
permits to ensure that proposed
HVAC or other mechanical
equipment will not exceed relevant
noise standards at the property line
of existing adjacent residences. The
study had identified that rooftop
decks on two units (units 222L and
223L) would require noise barriers,
but the rooftop decks on these units
have been eliminated. Lastly, the
project will maintain an acceptable
indoor acoustic environment by
requiring an interior noise analysis
to determine if sound-rated
windows are required in cases
where the project’s residential
interior noise levels would exceed
the 45 CNEL interior standard.
Yes
Yes
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PROPOSED USES &
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Policy 5-P.6
Discourage the use of berms and
sound walls for noise mitigation;
rather, encourage the use of
project design techniques such as
increasing the distance between
the noise source and the noise
sensitive receiver and use non-
noise sensitive structures (e.g., a
garage) to shield noise sensitive
areas. If a berm or wall is
determined necessary to mitigate
noise, discourage exclusive use of
walls in excess of six feet in height
and encourage use of natural
barriers such as site topography or
constructed earthen berms. When
walls are determined to be the
only feasible solution to noise
mitigation, then the walls shall be
designed to limit aesthetic
impacts. When walls over six feet
in height are necessary to mitigate
noise, a berm/wall combination
with heavy landscaping, a terraced
wall heavily landscaped, or other
similar innovative wall design
technique shall be used to
minimize visual impacts.
Proposed site topography is being
used to limit impacts from noise by
grading down the pad level of the
townhome buildings along the
southern perimeter, so the building
pads are significantly lower than the
pads of the existing adjacent
residences. The project’s noise
study prepared by Dudek,
December 2018, with an update
memorandum dated August 7,
2019, indicates that there are no
noise impacts on adjacent existing
residential areas that require a
sound wall. The noise study did not
identify any noise impacts from the
use of roof decks except for decks
on two units at the southwest
corner, which have since been
removed from the project plans.
Moreover, the originally proposed
rooftop decks on the last two units
of each townhome building along
the southern perimeter have also
been removed from the plans.
Yes
Yes Policy 5-P.16
Require new nonresidential
development to comply with the
noise compatibility criteria in the
ALUCP. Require dedication of
avigation easements for new
developments designated as
conditionally compatible for noise
in the ALUCP, and which are
located within the 65 dB CNEL
noise contour as mapped on
Figure 5-4: Airport Noise
Compatibility Policy Map.
The project site is located within the
Airport Overflight Notification Area
(Review Area 2) of the Airport
Influence Area for McClellan-
Palomar Airport. Residential
properties located in an overflight
notification area may be subject to
some of the annoyances or
inconveniences associated with
their proximity to the airport and
aircraft operations. The ALUCP
requires that all new residential
projects located within the
overflight notification area be
required to record a notice
informing buyers that the property
is subject to overflight, sound or
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odors of aircraft operating from
McClellan-Palomar Airport. The
project site is not subject to an
avigation easement, or any other
policies or requirements of the
ALUCP.
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 project site is not located within
a 100-year flood plain. The
proposed project does not involve
the routine use and storage of
hazardous materials and hazardous
waste. The Phase I environmental
assessment found no toxic
substances in the soil from past
agricultural use of the site.
According to maps produced by the
State, the project site has moderate
to high threat from wildfires. The
city has adopted the City of Carlsbad
Emergency Plan, which addresses
the city’s planned response to
extraordinary emergency situations
including wildfires. The Plan
identifies certain open space areas
and public buildings to serve as
emergency shelters when residents
must be relocated. A Conceptual
Fire Protection Plan will be required
for any areas that interface with
open space, and specific Fire
Policies and Fire Protection
Requirements will be required for
site plan and landscaping plan
review and approval by the Fire
Department. The proposed
structural improvements are
required to be designed in
conformance with all seismic design
standards.
Yes
Yes
Yes
Goal 6-G.2
Minimize safety hazards related to
aircraft operations in areas around
the McClellan-Palomar Airport.
The proposed project is not located
within a safety zone, airspace
protection area or noise contour of
the ALUCP.
Goal 6-G.4
Maintain safety services that are
responsive to citizens’ needs to
The proposed project would provide
fire hydrants and supporting water
infrastructure in accordance with
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ensure a safe and secure
environment for people and
property in the community.
fire marshal requirements. Dwelling
units proposed by the project would
be within the 5-minute response
time as required by the Growth
Management Plan.
Yes
Yes
Yes
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.
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.
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.
The project is required to comply
with all Building and Fire codes to
ensure that fire protection
standards are met by the proposed
structures.
Policy 6-P.39
Ensure all new development
complies with all applicable
regulations regarding the
provision of public utilities and
facilities.
The project is required to construct
or pay applicable fees for necessary
improvements, public utilities and
facilities in accordance with Growth
Management requirements. Fire
Station No. 3 is located 0.7 miles
away from the project site and is
well within emergency response
timeframes. The project will not
impact the city’s ability to
implement its Emergency
Operations Plan.
Sustainability Policy 9-P.1
Enforce the Climate Action Plan
(CAP) as the city’s strategy to
reduce greenhouse gas emissions.
The project implements and is
consistent with measures identified
in the Climate Action Plan (CAP)
through the provision of renewable
energy generation (photovoltaic
systems), energy conservation
(Green Building Code), and by
accommodating Zero-Emission
vehicles and other greenhouse gas
reduction measures and features.
The project will also be subject to
CAP ordinances that are in effect at
the time building permits are
issued.
Yes
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Housing Goal 10-G.3
Sufficient new, affordable housing
opportunities in all quadrants of
the city to meet the needs of
current lower and moderate
income households and those with
special needs, and a fair share
proportion of future lower and
moderate income households.
Per CMC Section 21.85.030, a
project is required to provide 15%
of the total units as affordable units.
Through the General Plan Update
the city required this site to provide
additional affordable housing
(minimum of 20% of the total
housing units on the site affordable
to low income households, or 15%
affordable to very-low-income
households that earn 50% of the
area median income (AMI).
Yes
Yes
Yes
Policy 10-P.15
Pursuant to the Inclusionary
Housing Ordinance, require
affordability for lower income
households of a minimum 15
percent of all residential
ownership and qualifying rental
projects. For projects that are
required to include 10 or more
units affordable to lower income
households, at least 10 percent of
the lower income units should
have three or more bedrooms
(lower income senior housing
projects are exempt).
The project proposes to meet the
15% requirement by providing 44
senior apartments affordable to
lower income households earning
50% and 60% AMI, plus two
additional senior apartments at 60%
AMI instead of market rate, for a
total of 46 affordable units. The
project is requesting an allocation of
158 dwelling units (credit is given
for one existing unit on site) from
the EDUB. The proposed project
would provide a diversity of housing
and will contribute toward
achieving the city’s Regional
Housing Needs. The affordable
housing component proposes 46
units that will provide age-restricted
rental housing opportunities for
lower income households.
Policy 10-P.18
Adhere to City Council Policy
Statement 43 when considering
allocation of “excess dwelling
units” for the purpose of allowing
development to exceed the
Growth Management Control
Point (GMCP) density, as discussed
in Section 10.3 (Resources
Available). With limited
exceptions, the allocation of
excess dwelling units will require
provision of housing affordable to
lower income households.
In approving a request for an
allocation of excess dwelling units,
the project shall meet the findings
identified in City Council Policy No.
43. Specifically, the project location
and density shall be found to be
compatible with adjacent land uses
and the project is consistent with
the General Plan and any other
applicable planning document. As
discussed in this staff report and in
the attached Planning Commission
Resolution No. 7382, the proposed
project meets these findings.
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Policy 10-P.19
Address the unmet housing needs
of the community through new
development and housing that is
set aside for lower and moderate-
income households consistent
with priorities set by the Housing
and Neighborhood Services
Division, in collaboration with the
Planning Division, as set forth in
the city’s Consolidated Plan.
The city currently has a
jobs/housing ratio where there are
more jobs than housing. The
project will develop a residential
and mixed-use project on a
developed commercial parcel and
an underutilized multi-family
residential parcel. The project will
replace the existing single-family
home with 235 workforce
townhomes on the multi-family
parcel, and replace existing specialty
retail and restaurant uses with a
new mixed-use development
including similar commercial uses,
13 additional townhomes and 46
senior affordable apartments. The
project expands the city’s affordable
housing stock to assist in meeting its
Regional Housing Needs Assessment
and provides an adequate number
of housing units to meet the needs
of lower income senior households.
Yes
Yes Policy 10-P.21
Ensure that incentive programs,
such as density bonus programs
and new development programs
are compatible and consistent
with the city’s Growth
Management Plan.
The city’s density bonus program is
implemented consistent with state
law and with the city’s Growth
Management Plan. The density
bonus project is consistent with the
city’s Growth Management Plan,
and is taking advantage of density
bonus incentives/concessions, and
waivers/ reductions in development
standards consistent with the
policies of the Housing Element.
B. Residential Density – Multiple (RD-M) Zone and Planned Development Ordinance (CMC Chapters
21.24 and 21.45)
The residential portion of the proposed project is required to comply with all applicable use and
development standards of the Carlsbad Municipal Code (CMC) including the Residential Density – Multiple
(RD-M) Zone (CMC Chapter 21.24) and the requirements of the Planned Development Ordinance (CMC
Chapter 21.45). The residential portion of the project meets or exceeds the requirements of the RD-M
Zone, as outlined in Table 6 below. Development standards that are required or superseded by CMC
Chapter 21.45 as well as City Council Policy No. 66, Livable Neighborhoods, are addressed in the
compliance tables included as Attachment 3, PD Compliance Tables C, E and City Council Policy 66, of this
Nov. 3, 2020 Item #6 Page 136 of 1999
staff report. Standards noted in the table below or the attached compliance tables that are subject to
density bonus incentives or waivers per CMC Chapter 21.86 are discussed in Section A above.
TABLE 6 – RD-M ZONE COMPLIANCE
RD-M STANDARDS REQUIRED PROPOSED COMPLY?
Setbacks Front (El Camino Real):
20’ or 10’ provided carport or garage
openings do not face onto the front yard
and the remaining front yard is
landscaped
Interior Side: 5’
Rear: 10’
Front:
*50’
Interior Sides: 14’/85’
Rear: 21’
Yes
Lot Area 10,000 SF minimum 40,824 SF Yes
Lot Coverage 60% maximum 29.8% Yes
Lot Width 60’ minimum 110’ Yes
Building Height 35’ plus allowed protrusions per CMC
Section 21.46.020
Small townhome
buildings: 35’
Large townhome
buildings: 32’-6” with
allowed protrusions to
42’-6”
Yes
* The project is subject to increased setbacks along El Camino Real by CMC Chapter 21.45, in addition to the El
Camino Real Corridor standards discussed in Section I below.
As detailed in the PD compliance tables, the proposed residential portion of the project is consistent with
the parking requirements of CMC Chapter 21.45, as summarized in Table 7 below.
TABLE 7 – PARKING ANALYSIS
USE Ratio REQUIRED PROPOSED COMPLY?
Multi-family
townhome
condominiums
Two+
bedrooms:
2 spaces/unit,
50% covered
Two+ bedrooms: 235
units = 470 spaces,
minimum 235 covered
235 two-car garages = 470
spaces, 470 enclosed
Yes
Visitor spaces
0.25/unit,
covered or
uncovered,
may be parallel
spaces on
private street
235 units: 59 visitor
spaces
101 uncovered, parallel
spaces on private street
Yes
TOTAL REQUIRED: 529 PROPOSED: 571 Yes
For a property located in the RD-M zone that is adjacent to a One-Family Residential (R-1) zone, CMC
Section 21.24.140, Special conditions for certain lots, establishes authority for the decision-maker to
impose special conditions or requirements with approvals for site development plans, planned
development permits or subdivisions, that include but are not limited to provisions for special setbacks or
open space, special building height and bulk regulations, landscaping, special grading restrictions,
Nov. 3, 2020 Item #6 Page 137 of 1999
compatibility with surrounding properties and land uses or other conditions if deemed necessary to
ensure conformity with the General Plan and other adopted policies, goals or objectives of the city. The
intent of these provisions is to enhance compatibility between a higher-density multi-family project and
an adjacent single-family residential zone.
As indicated in the tables above, in the attached PD compliance and Policy 66 tables, and elsewhere in
this staff report and the resolution findings, the project includes many features and conditions that
address the compatibility items noted above. These features and conditions include increased setbacks
from property lines, increased common open space areas, a solid masonry perimeter wall instead of a
fence, significant grading of the higher portions of the site to lower the pad elevations and reduce bulk
and massing, additional screening trees along the southerly perimeter, two points of ingress and egress
to El Camino Real and no connections to the adjacent residential neighborhoods, removal of roof decks
on many of the townhome units with CC&R restrictions on use of the roof decks, and over 70% additional
visitor parking spaces. Staff does not recommend any additional special measures or conditions for the
project.
C. General Commercial (C-2) Zone and Nonresidential Planned Development Ordinance (CMC
Chapters 21.28 and 21.47)
The commercial portion of the proposed project is required to comply with all applicable use and
development standards of the General Commercial Zone (CMC Chapter 21.28) and the requirements of
the Nonresidential Planned Development Ordinance (CMC Chapter 21.47). CMC Chapter 21.28 contains
provisions to allow residential uses, which are discussed within this section along with senior housing
standards pursuant to CMC Chapter 21.84. A previously approved Precise Plan that limited the number of
commercial uses on a portion of the existing site will be rescinded as part of the project.
Commercial Uses
The specialty retail/restaurant buildings within the commercial portion of the project meet or exceed
the requirements of the C-2 Zone, as outlined in Table 8 below.
TABLE 8 – C-2 ZONE COMPLIANCE
C-2 STANDARDS REQUIRED PROPOSED COMPLY?
Setbacks Front (El Camino Real): Zero
Interior Side: Zero
Rear: Zero, except 10’ when abutting any
residential zone
Front: *25’ minimum
Interior Side: 9’ minimum
Rear: 29’ minimum
abutting RD-M residential
zone
Yes
Building Height 35’ plus allowed protrusions per CMC
Section 21.46.020
Commercial buildings:
28’-6” maximum
Yes
Parking (per CMC
Section 21.44 for
commercial uses)
Retail: 1/300 SF = 20 spaces
Restaurant: 40 spaces plus 1 space/50
square feet over 4,000 square feet = 40
spaces
Total: 60 spaces
60 spaces Yes
* The project is subject to increased setbacks along El Camino Real by the El Camino Real Corridor standards
discussed in Section H below.
Nov. 3, 2020 Item #6 Page 138 of 1999
Residential Uses within C-2 Zone
CMC Section 21.28.015 contains provisions to allow for mixed-use (residential use in combination with
commercial use) developments within the C-2 zone subject to a SDP. The senior housing component is
also subject to standards of CMC Chapter 21.84. The project’s compliance with the requirements of CMC
Section 21.28.015 and CMC Section 21.84.060 is outlined in Tables 9 and 10 below, respectively. The SDP
findings for approval are discussed in Section G below.
TABLE 9 – RESIDENTIAL WITHIN C-2 ZONE COMPLIANCE
STANDARD REQUIRED PROPOSED COMPLY?
Location Above the ground floor of a multi-storied
commercial building with one or more of
the nonresidential uses permitted by
CMC Section 21.28.010 located on the
ground floor (aka “vertical mixed-use”)
Single story commercial
buildings with permitted
uses; separate residential
buildings (aka “horizontal
mixed use”)
Yes** -
Proposed
Density
Bonus
Concession
Setbacks
Front (El Camino Real): Zero
Interior Side: Zero
Rear: Zero
Front: *40’
Interior Side: 21’-3”
Rear: 14’-7”
Yes
Building Height 35’ plus allowed protrusions per CMC
Section 21.46.020
Townhome buildings:
32’-6” with allowed
protrusions to 42’-6”
Senior Apartment
building: 35’ with allowed
protrusions to 37’
Yes
Parking Townhomes:
Two+ bedrooms:
2 spaces/unit, 50% covered = 26 spaces,
13 covered
**Senior Apartments:
≤ One bedroom: 1 space/unit = 45 spaces
2-3 bedrooms: 2 spaces/unit = 2 spaces
Total: 47 spaces, uncovered
- Off-site required parking spaces,
nearest located within 150 feet of
building
- Zero visitor parking spaces
13 two-car garages = 26
spaces, 100%
covered/enclosed
Total: 47 spaces, 80%
covered
- 38 spaces on-site,
covered
- 9 spaces on street,
nearest located within
150 feet
- 9 on-street visitor
spaces
Yes
Density Minimum 15, maximum 30 du/ac based
on 25% of developable acre = 22-43
units**
59 units** Yes**
Density in excess
of minimum
Residential uses shall be secondary and
accessory to the primary commercial use
of the site. Compliance with this
provision shall be evaluated as part of
the site development plan.
59 units is not secondary
and accessory to 10,000
square feet of
commercial uses.
Yes** –
Proposed
Density
Bonus
waiver of
standard
Nov. 3, 2020 Item #6 Page 139 of 1999
* The project is subject to increased setbacks along El Camino Real by the El Camino Real Corridor standards
discussed in Section H below.
** Density bonus law applies to the entire project. See detailed calculations and discussion of density in Section A
above. Applicant proposes parking requirements for senior apartments per Density Bonus Law, California
Government Code Section 65915(p)(1), which supersedes CMC Chapter 21.44 requirements for 69 spaces (1.5
spaces per unit, plus one (1) for manager’s unit), and 10 visitor spaces (one (1) space per every five (5) units).
TABLE 10 – HOUSING FOR SENIOR CITIZENS COMPLIANCE
STANDARD REQUIRED PROPOSED COMPLY?
Parking Comply with CMC Chapter 21.44 or GC
Section 65915.
See Table 9 above. Yes
Architecture
Provide architectural harmony, through
the use of appropriate building height,
materials, bulk and scale within the
development and within the existing
neighborhood and community. Buildings
shall be finished on all side with similar
roof and wall materials, colors and
architectural features.
The senior apartment
building is located near El
Camino Real and provides
harmony in height, bulk
and scale with the rest of
the project and is
compatible with its
surroundings. Materials,
finishes and features are
carried around all sides of
the building.
Yes
Laundry Facilities One washer and one dryer for every 25
dwelling units = Two of each for the 46
proposed units.
A laundry room with two
washers and two dryers is
provided on the ground
floor.
Yes
Manager’s Unit One manager’s unit shall be provided. The project provides one
manager’s unit P2A as
shown on the ground
floor plan.
Yes
Common Room
and Common
Open Space
A minimum of one common room shall
be provided for social interaction (on
ground floor if no elevators). Overall
common open space of 20 SF per unit
minimum = 820 SF of common open
space required.
One ground floor 626 SF
common room includes a
communal kitchen.
Elevators are provided.
Outdoor common open
space totals 3,710 SF.
Yes
Services &
Programs
Physical and social services and programs
are encouraged, but not required.
The project intends to
provide services and
programs that may
include but are not
limited to social and
recreational programs,
continuing education and
information services,
community gardening,
landscape and building
maintenance, etc.
Yes
Nov. 3, 2020 Item #6 Page 140 of 1999
TABLE 10 – HOUSING FOR SENIOR CITIZENS COMPLIANCE (CONTINUED)
Access Access to all common areas and housing
units provided by means of an elevator
or sloped walking ramps.
Two elevators provide
access to all three levels.
Yes
Additional Design
Criteria
Walkways and hallways must be wide
enough to accommodate a wheelchair.
All entryways, walkways
and hallways in the
common areas, and
doorways and paths of
access to and within the
housing units, will be
constructed as wide as
required by current laws
applicable to new
multifamily housing
construction for provision
of access to persons using
a wheelchair.
Yes
Additional Design
Criteria
(continued)
Trash collection areas and containers
shall be provided in an easily accessible
location; shall be completely screened
and inconspicuously located; and shall be
constructed of similar colors and
materials as the main building.
The project provides trash
collection containers in
an easily accessible
location and in a manner
requiring minimal
physical exertion by
residents. Trash
collection containers will
be completely screened
and located at
inconspicuous locations.
Trash enclosure facilities
will be constructed of
similar materials and
colors as the main
building.
Yes
Yes Tubs and/or showers shall be equipped
with at least one grab bar, temperature
regulating devices; and slip resistant
bottom surfaces; and peepholes shall be
installed in entry doors. To the greatest
extent practicable, housing for senior
citizens should also be designed to
implement the principals of universal
design which encourage accessible and
adaptable features for the disabled or
mobility impaired.
The project has been
conditioned accordingly.
Nov. 3, 2020 Item #6 Page 141 of 1999
Precise Plan 20 (Resolution No. 1507)
A portion of the existing commercial site is currently under the provisions of Precise Plan 20 (Resolution
No. 1507) adopted by the City Council on March 19, 1968. The Precise Plan specified a shortlist of
commercial uses allowed at the building formerly known as the Country Store, and required no less than
six (6) of the uses to occupy the site at any one time. The uses included neighborhood commercial uses
such as bakeries, barber shops, florists, groceries and local produce, antiques, liquor stores, restaurants,
shoes, tailors, ceramics, and sporting goods, etc. While the site has been able to comply with these
requirements over the years, the Precise Plan is outdated. Moreover, the proposed project includes two
commercial buildings, one intended for a restaurant and the other for specialty retail, which would not
provide the Precise Plan’s minimum of six uses. Staff’s position is that the C-2 zone list of permitted and
conditional uses should regulate the site, and Precise Plan 20 will be rescinded with approval of the project
per Resolution No. 7382.
D. Inclusionary Housing
The Inclusionary Housing regulations, specifically CMC Chapter 21.85, shall apply to any new construction
of rental units where the developer receives offsets or any incentives of the type specified in the density
bonus law pursuant to the provisions of CMC Chapter 21.86 and the developer agrees by contract to limit
rents for below market-rate rental units. Pursuant to CMC Section 21.85.030, the standard requirement
is that not less than 15% of the total units approved shall be constructed and restricted both as to
occupancy and affordability to lower-income households earning 80% or below the San Diego County Area
Median Income (AMI). However, with the land use changes that occurred for specific sites through the
General Plan update, the City Council determined it is appropriate to increase the affordable requirement
to 20% instead of 15% for residential development on those sites. Therefore, with the General Plan update
change to the site’s land uses, any development project on the Marja Acres site is required to provide 20%
inclusionary housing units affordable to households earning 80% AMI, or one of two options specified in
Resolution No. 7114.
To satisfy the inclusionary housing requirement, the applicant proposes the equivalent of meeting
Resolution No. 7114’s option to provide 15% of the total units affordable to senior households earning
50% AMI. Under this option, a total of 44 affordable units would be required. The project is providing 46
senior affordable units or 15.6% of the project’s total units. The affordable units include 37 of the required
units provided at 50% AMI and seven (7) of the required units at 60% AMI. The project includes an
additional two (2) apartments at 60% AMI that could otherwise be market-rate apartments, for the project
total of 46 affordable apartments. The city’s Housing Policy Team recommended approval of the density
bonus request on January 22, 2019. The proposed breakdown of 46 units allocated to the AMI levels was
determined by the Housing Manager to be equivalent to the requirement for 15%, or 44 units, at 50%
AMI.
With the General Plan update, the total number of dwelling units presently allocated to the site is 135.
The project includes a total of 294 units, so the applicant is requesting an allocation of 158 dwelling units
(credit for one existing unit on site) from the city’s EDUB. When projects propose more units than the
Growth Management Control Point (GMCP) or more than the maximum base density, the additional units
must be allocated from the city’s Excess Dwelling Unit Bank (EDUB). City Council Policy No. 43 identifies
that an allocation from the EDUB is an incentive or concession defined by CMC Section 21.86.020.A.12
and Government Code Section 65915(k) that modifies the requirements of CMC Chapter 21.90. The
Nov. 3, 2020 Item #6 Page 142 of 1999
concession permits development with more dwelling units than would otherwise be permitted by the
underlying General Plan land use designation.
City Council Policy No. 43 Compliance
The project is providing a deeper level of affordability than the 80% AMI required, with the senior
apartments affordable to households earning 50% and 60% AMI. The applicant is also proposing a density
bonus project and is entitled to up to 35% more units than the maximum allowed under the General Plan
in return for providing the affordable housing. The project proposes a total of 294 dwelling units. The
property’s unit yield at the GMCP is 167 dwelling units. However, as a result of the General Plan update,
135 dwelling units are currently allocated to the project site. Therefore, a total of 158 dwelling units are
proposed to be deducted from the City’s Excess Dwelling Unit Bank (EDUB).
Under Growth Management, there are a specific number of dwelling units designated to be built in each
of the city’s four quadrants (called the “cap”). None of the quadrants has reached its cap, and the
remaining number of dwelling units that can be built, less any units allocated for approved projects that
have yet to be built, are in the EDUB. The EDUB is also divided into the city’s four quadrants. The project
site is located within the Northwest Quadrant, which has 646 total units available to be allocated from
the EDUB as of July 31, 2020.
Within the Northwest Quadrant, any residential project in the Village must have all of its units allocated
from the EDUB. To better track Village units, in 2013 staff began tracking EDUB units in the Northwest
Quadrant as either in the Village or outside the Village. The separate tracking was a tool for staff and was
not dictated by Growth Management nor an action or policy of the City Council. While the Northwest
Quadrant as a whole has 646 total units available to allocated from the EDUB, 118 of those are tracked as
being outside the Village and 528 within the Village. Therefore, the project will be allocated all 118
remaining units outside the Village and 40 units from the Village within the Northwest Quadrant. The
consequence of this allocation is that fewer units will be available to allocate for residential projects within
the Village, and no units will be available to allocate outside the Village until other development projects
deposit units into the EDUB. Ultimately, the Village may not be able to develop at the full density
anticipated by the General Plan. To the extent that other projects in the overall Northwest Quadrant
deposit units into the EDUB, staff will reflect those units allocated to the Village first in an effort to restore
the units previously removed for projects outside the Village. It should be noted that in 2002 the City
Council removed and reserved an additional 1,355 dwelling units from the overall EDUB. It will be up to
the City Council to determine when and if the time is appropriate to release some or all of the reserved
units back to the EDUB.
In approving a request for an allocation of excess dwelling units, the project shall meet the findings
identified in City Council Policy No. 43. Specifically, the project location and density are compatible with
adjacent land uses, the project is consistent with the General Plan and other applicable planning
documents, all required public facilities will be constructed or guaranteed, and the Growth Management
quadrant limits will not be exceeded. As discussed in the attached Planning Commission Resolution No.
7382, the proposed project meets all of the required findings.
As required by CMC Chapters 21.85 and 21.86, the project has been conditioned to require the approval
of an Affordable Housing Agreement and Density Bonus Housing Agreement, respectively, prior to
building permit issuance.
Nov. 3, 2020 Item #6 Page 143 of 1999
E. Subdivision Ordinance (CMC Title 20)
The project necessitates the processing of a Tentative Tract Map (CT 16-07) for the creation of individual
commercial and residential lots, HOA open space lots, private street lots and 248 residential airspace
condominium units for the townhomes. The commercial portion proposes three (3) lots including one lot
for senior affordable apartments, one lot for the commercial buildings and one lot for 13 of the residential
airspace condominium units. The residential portion proposes four (4) lots with condominiums distributed
on the four lots. As discussed previously, a Residential Planned Development Permit (PUD 16-09) and a
Nonresidential Planned Development Permit (PUD 2018-0007) accompany the CT 16-07 application.
Tables 11 and 12 below summarize the project’s compliance with the Subdivision Ordinance.
TABLE 11 – COMMERCIAL COMPLIANCE TABLE
STANDARD REQUIRED PROVIDED COMPLY?
Minimum Lot
Area
7,500 SF 85,044 SF Yes
Front on a
dedicated street
Frontage on a public
street unless allowed per
CMC Chapter 21.47 for
non-residential planned
developments.
The project and all three lots front
on El Camino Real, which is a public
street.
Yes
Lot width N/A Minimum 248’ on El Camino Real. Yes
Lot lines on
manmade slopes
Locate side and rear lot
lines at top of manmade
slopes whenever
practicable.
The project site’s side and rear lot
lines are provided at the top of
manmade slopes whenever
practicable, except at the westerly
boundary where an existing
downhill condition accommodates a
riparian buffer and the SDG&E
transmission lines and poles.
Yes
Bicycle routes Provide for bicycle routes
on Circulation Element
roadways.
Bicycle lanes are provided along El
Camino Real.
Yes
Street Plan Assure proper
development of abutting
properties and street
plans.
The project is located between two
intersections on El Camino Real,
with a raised median. The project’s
two ingress/egress points provide
necessary and appropriate
distances to the intersections for
right-in/right-out vehicle
movements. Deceleration lanes will
be constructed at both ingresses.
Yes
Hillside
development
Comply with hillside
development ordinance
provisions.
The project complies except as
addressed by density bonus
concessions or waivers.
Yes
Nov. 3, 2020 Item #6 Page 144 of 1999
TABLE 12 – RESIDENTIAL COMPLIANCE TABLE
STANDARD REQUIRED PROVIDED COMPLY?
Minimum Lot Area 10,000 SF 78,937 SF Yes
Front on a
dedicated street
Frontage on a public
street unless allowed per
CMC Chapter 21.45 for
residential planned
developments.
The project and Lot 4 front on El
Camino Real, which is a public
street. The other PUD lots are
allowed per CMC Chapter 21.45.
Yes
Lot width 60’ (El Camino Real) 154’ (El Camino Real) Yes
Lot lines on
manmade slopes
Locate side and rear lot
lines at top of manmade
slopes whenever
practicable.
The project site’s side and rear lot
lines are provided at the top of
manmade slopes whenever
practicable, except at the westerly
boundary where an existing
downhill condition accommodates a
riparian buffer and the SDG&E
transmission lines and poles.
Yes
Flag/through lots N/A N/A Yes
Access to
residential lots
from rights-of-
way
Residential lots shall not
front on/be accessed from
arterials, railroads,
transmission lines or flood
control channels.
None of the residential lots front
on/have access from El Camino
Real, or the other listed rights-of-
way.
Yes
Bicycle routes Provide for bicycle routes
on Circulation Element
roadways.
Bicycle lanes are provided along El
Camino Real.
Yes
Street Plan Assure proper
development of abutting
properties and street
plans.
The project’s intersections have
been aligned with existing street
intersections and connections to
adjacent streets are provided.
Yes
Hillside
development
Comply with hillside
development ordinance
provisions.
The project complies except as
addressed by density bonus
concessions or waivers.
Yes
F. Local Coastal Program (Mello II Segment) and Coastal Resource Protection Overlay Zone (CMC
Chapter 21.203)
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 within the
appealable jurisdiction of the California Coastal Commission. The project site has LCP Land Use
designations of General Commercial (GC) and R-15 Residential, and zoning of General Commercial (C-2)
and Residential Density-Multiple (RD-M). The project’s consistency with the General Plan Land Use
designations is analyzed in Section A, Table 3 above. The project’s compliance with zoning is analyzed in
Sections B and C above, in conjunction with Section A regarding density bonus.
The project consists of the demolition of the existing commercial and residential structures, grading of
the entire site, and construction of a residential and mixed-use project including two commercial
Nov. 3, 2020 Item #6 Page 145 of 1999
buildings, 46 affordable senior apartments and 248 residential townhome condominiums. The project site
is located along an arterial corridor and is zoned for commercial and multiple-family development. The
existing site’s topography consists of a lower level adjacent to El Camino Real, and an upper mesa that is
at a similar grade to the existing single-family homes south of the site. The applicant has designed the
project to grade down the finished pad grades of the townhomes along the southerly perimeter as a
means of reducing impacts to privacy on, and enhancing compatibility of the townhomes with, the
adjacent single-family homes.
The three-story structures will not obstruct views of the coastline as seen from public lands or the public
right-of-way since there are no views of the coastline from El Camino Real. The project’s location along
the El Camino Real arterial corridor will not damage the visual beauty of the Coastal Zone. It was
determined that the site does not qualify as prime, non-prime or coastal agricultural land required to be
preserved pursuant to the Coastal Act when the Coastal Commission approved the General Plan land use
changes for the project site. The project maintains the required 50-foot riparian buffer from the off-site
Kelly Creek to the west, and the impacts to non-wetland waters of the US will be appropriately mitigated.
The proposed project is not located in an area of known geologic instability or flood hazard, and the
project’s geotechnical studies conclude that the project is feasible as designed. Since the site does not
have frontage along the coastline, no public opportunities for coastal shoreline access or water-oriented
recreation activities are available from the subject site.
Coastal Resource Protection Overlay Zone
The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (CMC
Chapter 21.203) 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 runoff, pollutants, and soil erosion. Proposed grading of steep slopes (equal to or
greater than 25% gradient) is discussed in the next section. The site is not prone to landslides, or
susceptible to accelerated erosion or floods. Remedial grading across the entire site is indicated by the
current building code, and existing soils that may be susceptible to expansion or liquefaction are
recommended to be removed and recompacted. The project has been designed to provide a 50-foot
riparian buffer from the off-site Kelly Creek, and the project’s impacts on a 501-linear foot drainage ditch
that could qualify as non-wetland waters of the US will be fully mitigated. Based on the above, the project
adequately addresses regulations of the Coastal Act.
Grading of Steep Slopes
CMC Section 21.203.040(A)(3) requires City Council approval of the following specific findings for
deviations to restrictions on grading of steep slopes over 25% within the Coastal Resources Protection
Overlay Zone:
• A soils investigation conducted by a licensed soils engineer has determined the subject slope area to
be stable and grading and development impacts mitigatable for at least seventy-five years, or life of
structure.
• Grading of the slope is essential to the development intent and design.
• Slope disturbance will not result in substantial damage or alteration to major wildlife habitat or native
vegetation areas.
Nov. 3, 2020 Item #6 Page 146 of 1999
• If the area proposed to be disturbed is predominated by steep slopes and is less than ten acres,
complete grading may be allowed only if no interruption of significant wildlife corridors occurs.
• Because north-facing slopes are generally more prone to stability problems and in many cases contain
more extensive natural vegetation, no grading or removal of vegetation from these areas will be
permitted unless all environmental impacts have been mitigated. Overriding circumstances are not
considered adequate mitigation.
The geotechnical report’s soils investigation was conducted by a licensed soils engineer and found that
the steep slope areas are stable and that grading and development impacts are mitigatable for at least
seventy-five years, or the life of the structures. Grading of the steep slopes is essential to the development
of the project in order to meet the General Plan’s requirement to develop a minimum of 12 du/ac and to
achieve the objectives of the proposed density bonus project at the density and with the
incentives/concessions permitted by CMC Chapter 21.86. The proposed grading of steep slopes affects
only 4.8 acres has been analyzed in the project’s geotechnical reports and addendums, which include
recommendations for development of the project including grading, slopes, retaining walls and
foundations. The subject property does not include native vegetation and is not within a significant wildlife
corridor, so complete grading of the site is allowed. The north-facing slopes do not contain natural
vegetation, and any other potential impacts will be mitigated to a level below significance. Therefore, the
project meets all of the required findings to allow the proposed grading of steep slopes.
G. Site Development Plan (CMC Chapters 21.28 (Residential Uses in C-2 Zone), 21.53 (Affordable
Housing) and 21.84 (Housing for Senior Citizens))
In accordance with CMC Section 21.53.120, a Site Development Plan (SDP) is required to be processed
pursuant to CMC Chapter 21.06, Qualified (Q) Overlay Zone, for residential uses within the C-2 zone, and
for the affordable apartments that provide housing for seniors. (An SDP is not required for the rest of the
townhomes on the residential portion of the project because they require approval of a PUD per CMC
Chapter 21.45.) Five SDP findings are required with one additional finding for the senior housing aspect
of the project. The required findings with justification for each are summarized below and contained in
Planning Commission Resolution 7382.
1. That the proposed development or use is consistent with the General Plan and any applicable
master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the
Carlsbad Municipal Code, and all other applicable provisions of this code.
The project is consistent with the various elements and objectives of the General Plan as discussed
in Section A above. The townhomes and affordable senior apartments are located in a proposed
mixed-use setting with specialty retail and restaurant uses within the C-2 zone. The density of the
residential component for 59 units is consistent with the General Plan and Zoning Ordinance for
density bonus projects. The project site is served by existing transit and is within 1.7 miles of other
existing commercial and business services, and across the street from the future Robertson Ranch
commercial site. The townhomes and apartments comply with all applicable development
standards for residential uses within the C-2 zone including lot coverage, height, setbacks, and
parking, etc., subject to density bonus provisions for concessions and waivers or reductions of
standards discussed in Section D above. The project provides at least 20% of the maximum base
density units as 46 age-restricted affordable apartments. The project complies with all applicable
standards for senior housing as discussed in Section C above.
Nov. 3, 2020 Item #6 Page 147 of 1999
2. That the requested development or use is properly related to the site, surroundings and
environmental settings, will not be detrimental to existing development or uses or to
development or uses specifically permitted in the area in which the proposed development or
use is to be located, and will not adversely impact the site, surroundings or traffic circulation.
The proposed townhomes and affordable senior apartments within the C-2 zone will not be
detrimental to existing uses or to uses specifically permitted in the area in which the use is located
in that the townhomes and apartments are permitted uses within the C-2 zone, and are
compatible with the adjacent proposed specialty retail and restaurant uses in the same area of
the project. The townhomes and senior apartments are also compatible in design, scale and
massing with the proposed townhomes proposed to the south on the project site, as well as the
existing and future residential and commercial uses within Robertson Ranch north of the project
site. The townhomes and senior apartments will not adversely impact the site, surroundings, or
traffic circulation. The project provides the required riparian buffer from the offsite Kelly Creek to
the west of the senior apartments. El Camino Real has adequate capacity to accommodate the
274 Average Daily Trips (ADTs) generated by the residential portion of the commercial area, and
adequate capacity for the net ADTs generated by the overall project. The project is adequately
parked on-site and does not result in any significant environmental impacts.
3. That the site for the intended development or use is adequate in size and shape to
accommodate the use.
The townhomes and affordable senior apartments are located in the commercial portion of the
project. Each residential component maintains its own space since they are in separate buildings
from the commercial uses and provide their own parking spaces. The subject site is adequate in
size and shape to accommodate the proposed 13 townhomes, 46 affordable senior apartments
and the specialty retail and restaurant uses in that, subject to density bonus provisions for
concessions and waivers or reductions of standards discussed in Section A above, the mixed-use
component of the project complies with all remaining development standards for residential uses
located within the C-2 zone and the additional standards for senior housing. The project is entitled
to the requested number of units and the density bonus incentives/concessions and waivers are
necessary for the project to be developed at the density and with the incentives/concessions
permitted by CMC Chapter 21.86.
4. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested development or use to existing or permitted future development or use in the
neighborhood will be provided and maintained.
The townhomes and affordable senior apartments comply with all applicable development
standards for residential uses within the C-2 zone including lot coverage, height, setbacks, and
parking, etc., subject to density bonus provisions for concessions and waivers or reductions of
standards discussed in Section A above. The architecture of the townhome and senior apartment
buildings is compatible with the proposed commercial buildings. Landscaping along the El Camino
Real frontage of the project will be provided consistent with the requirements of the city’s
Landscape Manual.
Nov. 3, 2020 Item #6 Page 148 of 1999
5. That the street systems serving the proposed development or use is adequate to properly
handle all traffic generated by the proposed use.
The proposed project has been designed with two street entries from El Camino Real that will
each provide deceleration lanes. El Camino Real is identified as an arterial street and is designed
to adequately handle the 274 Average Daily Trips (ADTs) generated by the residential portion of
the commercial area, and adequately handle the net ADTs generated by the overall project as
analyzed by the project Environmental Impact Report. The project site is served by two NCTD bus
routes with stops adjacent to the site, and bike lanes are provided on El Camino Real. In addition,
the applicant will be required to pay traffic impact fees prior to issuance of building permits that
will go towards future road improvements.
6. The senior housing project shall not result in density or design that is incompatible with other
land uses in the immediate vicinity.
The affordable senior apartments are located in the commercial portion of the project but
maintains its own space since it is in a separate building from the commercial uses and provides
its own parking spaces and site amenities. The architecture of the senior apartment building is
compatible with the proposed retail, restaurant and townhome buildings located on the balance
of the commercial portion of the project. The senior apartments provide the required affordable
housing for the project, and the density associated with the 46 apartments is consistent with the
General Plan and Zoning Ordinance for density bonus projects. The senior apartment building and
use is compatible with the adjacent commercial and residential uses within the project, and with
existing residential uses in the surrounding area.
H. Scenic Preservation Overlay Zone Regulations (CMC Chapter 21.40 and the El Camino Real Corridor
Development Standards)
Special Use Permits are required for development of sites located within a Scenic Preservation or
Floodplain Overlay zone. Proposed development projects along El Camino Real and within up to 500 feet
from the roadway are subject to the El Camino Real Corridor Development Standards Study and the Scenic
Preservation Overlay (CMC Chapter 21.40). The intent of these standards is to maintain and enhance the
appearance of the El Camino Real corridor area by providing a design theme and setting standards for
setbacks, grading, building height, and design, etc., to ensure that new development does not detract
from the existing characteristics along the corridor.
The proposed project is an upslope site within Area 2 (Carlsbad Village Drive to West Ranch/Lisa Street)
of the El Camino Real Corridor, an area that is predominated by single- and multi-family residential uses.
The standards apply to the site’s first 300 feet from the edge of the roadway because it is an upslope
condition. The common design theme for this area is “suburban residential.” The proposed project, with
the exception of grading, is consistent with the development standards and intent of those standards with
regard to aesthetic considerations. An analysis of the project’s consistency with the intent and standards
of Area 2 is addressed in Table 13 below.
Nov. 3, 2020 Item #6 Page 149 of 1999
TABLE 13 – ECR CORRIDOR STANDARDS CONSISTENCY
STANDARD CRITERIA PROPOSED COMPLY?
Design Theme Suburban Residential Yes
Median Breaks Only at Major
Intersections
No median break is proposed.
Access will be via
two right-in, right-out private
streets.
Yes
Sidewalks City Standard Entire
Length
Sidewalks are currently provided in
accordance with City Standards.
Any changes to meet the design of
the project will continue to meet
current standards.
Yes
Building Height Maximum of 35 feet All buildings are 35 feet or less and
adhere to the adopted formula for
measuring building height as
well as the underlying zoning
ordinance.
Yes
Grading No cut or fill exceeding 10
feet from original grade.
Earthwork outside the
setback may exceed this
amount in isolated areas,
as a result of extreme,
localized topographic
conditions or for the
provision of public streets.
Deviations from this
section may be approved
subject to the four
findings identified in
Section V of the
standards.
For the affordable senior
apartment building, this criterion is
met. The fill does not exceed 10
feet.
For the retail area, there is a
maximum fill of 18 –
21 feet to the finish pad.
For the Townhomes in the
commercial area, there is a
maximum fill of 14 - 19 feet to the
finish pad.
For the Townhomes in the
residential area the maximum fill is
3 - 21 feet to the finish pad.
Yes
No*
No*
No*
Setbacks from
Roadway
a) Non-residential:
Minimum 25’ landscape
area.
b) Residential – Upslope:
Minimum 40’ from
ROW or Minimum 15’
from top of slope,
whichever is greater.
a) The ROW landscape setbacks to
the non- residential buildings
range from 45 feet to 56 feet.
This exceeds the 25-foot setback
by 20 to 31 additional feet.
b) The Affordable Senior building
and the Townhomes within the
commercial area maintain a 40-
foot landscaped setback from
the ROW and a minimum 15-foot
setback from the top of slope.
The Townhomes in the
residential area maintain a 50-
foot setback from the ROW and
a minimum 20-foot setback from
the top of slope.
Yes
Yes
Nov. 3, 2020 Item #6 Page 150 of 1999
TABLE 13 – ECR CORRIDOR STANDARDS CONSISTENCY (CONTINUED)
Street Furniture
(non-ROW)
Any contemporary
type: wood, concrete or
combination.
No street furniture is proposed. Yes
Street Light
Spacing
City Standard The proposed project meets city
standards for street light spacing.
Yes
Roof Equipment No roof equipment
shall be visible.
No roof equipment will be visible
from El Camino Real or adjacent
development.
Yes
*A deviation to standards is being requested as a waiver pursuant to State Density Bonus Law as discussed in Section
A of this staff report. Absent the density bonus request, the project would need to meet the ECR Corridor Study’s
findings for the deviation to standards, so the findings are discussed below.
Deviation to ECR Corridor Standards
The project is seeking approval of a deviation to the grading standards for the El Camino Real (ECR)
corridor. Although deviations to the standards of the El Camino Real Corridor Study may be approved by
the Planning Commission pursuant to findings, the project’s density bonus request includes a waiver that
addresses the grading standard. However, for the Planning Commission’s information, staff has also
analyzed the project per the ECR corridor provisions as follows:
1. Compliance with a particular standard is infeasible for a particular project.
Compliance with the maximum 10-foot fill standard along El Camino Real is not feasible due to
the unique topography of the site, the applicant’s goal and commitment to maintain privacy for
existing residents to the south, and the goal of achieving a context-sensitive, terraced grading
design for the project that avoids the creation of large, visible manufactured slopes.
Most of the site area immediately adjacent to El Camino Real is five to eight feet below the street
level. As a result, in order to meet safety standards for ingress and egress from the site, additional
fill is needed. Further, the proposed grading design achieves aesthetic benefits and creates an
opportunity to reduce impacts that would otherwise be associated with increased export of soil
from the site.
The grade elevation of the project site adjacent to the existing development to the south is much
higher than along El Camino Real, and similar to the pad elevations of the existing homes. The
applicant has indicated that privacy is a primary concern based on many meetings with the
residents to the south. Residents have voiced these concerns to staff as well. In order to maintain
residents’ privacy, the applicant conducted extensive studies to achieve minimal impacts to
privacy. The studies resulted in a need for additional cut to lower the townhome area so that
future residents would not see into the backyards of the existing residents. The cross sections
provided in the project plans show a proposed cut area that lowers the finished pad elevations to
achieve the desired privacy for the adjacent residents. The cut proposed by the applicant is the
minimum necessary to create the desired privacy.
In order to reduce impacts associated with the export of soil from the site, avoid large, visible
manufactured slopes and address adjacent residents’ privacy concerns, the project proposes to
Nov. 3, 2020 Item #6 Page 151 of 1999
implement a grading strategy that requires additional fill. Staff’s position is that the project has
been designed to meet this finding.
2. That the scenic qualities of the corridor will continue to be maintained if the standard is not
fulfilled.
The scenic qualities of the ECR corridor will continue to be maintained because the slope areas
adjacent to El Camino Real are consistent with the existing slope area directly to the east. The
project’s proposed slopes incorporate significant screening landscape while also meeting or
exceeding required structure setbacks. The proposed terraced grading design improves the scenic
qualities of the corridor by limiting the height of manufactured slopes visible from the public right-
of-way to no more than 15 feet. No sound walls are required or proposed at the top of slopes.
The proposed slopes will be heavily landscaped, there will be no walls greater than six feet
proposed along El Camino Real, and the commercial buildings within these fill areas along El
Camino Real are set back at distances greater than required. Therefore, staff’s position is that the
project has been designed to meet this finding.
3. That the project will not have an adverse impact on traffic safety.
A comprehensive traffic analysis has been prepared to address potential impacts and the design
of the project meets all safety requirements for traffic and circulation. The project’s entry
driveways meet the city’s design criteria and do not exceed the allowable percent grade into the
site in accordance with fire access requirements. To improve safety, the project is providing
deceleration lanes at both project entries. No median break is allowed, so the project provides
only right-in/right-out turning movements so vehicles exiting the project will not be attempting
to make left turns across El Camino Real. Therefore, staff’s position is that the project has been
designed to meet this finding.
4. That the project is designed so as to meet the intent of the scenic preservation overly zone.
The intent of the ECR Corridor Development Standards is to maintain and enhance the appearance
of the El Camino Real roadway area. In the existing condition, the appearance of the property
does not meet the intent of the beautification of the corridor. The proposed development will
create a more harmonious and enhanced appearance along El Camino Real. All proposed slopes
will be heavily landscaped, and buildings will be set back at distances meeting or exceeding the
standards set forth by the ECR Corridor Study. Less export from the site will reduce traffic and
emissions associated with construction. No noise walls will be adjacent to El Camino Real. Further,
the project utilizes a context-sensitive grading design to enhance the aesthetic character of the
corridor by limiting the height of manufactured slopes visible from the public right-of-way. The
proposed development furthers many of the goals of the General Plan by providing safe access to
the property, and creating a more aesthetically pleasing area within the corridor when compared
to the existing developed site. Therefore, staff’s position is that the project has been designed to
meet this finding.
I. Hillside Development Regulations (CMC Chapter 21.95)
The overall project site exhibits a change in grade elevation greater than 15 feet and slopes greater than
15%, and therefore requires a Hillside Development Permit. In addition, development on natural slopes
Nov. 3, 2020 Item #6 Page 152 of 1999
of 25% or greater within the Coastal Zone needs to meet additional requirements. The project meets
requirements of the Hillside Development Regulations in conjunction with the identified density bonus
waivers and findings for exceeding the acceptable grading volume and the vertical retaining wall height
limit. Hillside conditions of the project have been properly identified on the constraints map, which shows
existing and proposed conditions and slope percentages. The various hillside development standards are
discussed below.
Coastal Zone Hillside Development Regulations (CMC Section 21.95.140(A))
The project contains existing natural slopes of 25% or greater and is subject to the applicable
requirements for development in the Coastal Zone (CMC Section 21.203.040). The intent of the
Coastal Zone requirements is to preserve steep (greater than 25%) natural slopes, and native
vegetation where it occurs on steep slopes. A project may be allowed to impact steep slopes with City
Council approval if findings for exceptions are made that a soils report has determined that the slopes
will be stable and mitigatable for 75 years or the life of the structures; the grading is essential to the
development intent and design; there will be no substantial alteration to major wildlife habitat or
native vegetation areas; and that the grading will not interrupt significant wildlife corridors if the
impacted steep slope area is less than 10 acres in size. Grading of steep slopes is discussed in Section
F above.
A development constraints exhibit has been prepared for the project showing the areas of steep
natural slopes that would be impacted by the project. The project's biological resources report
indicates that there is no native vegetation on the site. The project’s geotechnical reports indicate that
the proposed slopes will be stable, and grading and development impacts are mitigatable for at least
75 years or the life of the structures. As discussed in previous sections, the proposed grading of the
site is key to the project’s intent and design to preserve and not impact privacy of existing home
backyards to the south, to reduce the amount of soil exported from the site, and to achieve the density
subject to the concessions and waivers provided by state law. There are no major wildlife habitat or
native vegetation areas on site, and the project provides the required buffer from the off-site Kelly
Creek. The project site also is not a significant wildlife corridor, so no interruption to wildlife corridors
will occur.
Development of Natural Slopes of 40 Percent Gradient (CMC Section 21.95.140(B))
Development shall not occur on natural slopes which exhibit all of the following characteristics:
• A gradient of greater than 40%; and
• An elevation differential of greater than 15 feet; and
• A minimum area of 10,000 square feet; and
• The slope comprises a prominent land form feature.
There is only one area of the site that meets three of the above characteristics: it is a natural slope
at a gradient greater than 40%, has an elevation differential of greater than 15 feet, and is greater
than 10,000 square feet in area. It is near the center of the site at the transition between the
commercial and residential parcels, and is a small portion of the general north-south slope up to the
higher mesa area of the site. This overall slope has a gradient that is predominantly 25%. As such, the
small area of slope that meets three of the above characteristics is not in any way considered to be a
Nov. 3, 2020 Item #6 Page 153 of 1999
prominent land form feature. The rest of the natural 40% slopes do not meet the rest of the
characteristics listed above. Therefore, the slopes may be developed.
Retaining Walls on Perimeter Manufactured Slopes Over Forty Percent Gradient (CMC Section
21.95.140(C)
The project includes perimeter manufactured slopes that are over 40% gradient and greater than 15
feet in height. CMC Section 21.95.140(C) states that such uphill perimeter slopes for residential or
nonresidential projects may allow one six-foot vertical intrusion for a retaining wall or building. There
are provisions for building six-vertical-foot retaining walls on or over downhill perimeter slopes for
nonresidential development.
As discussed above, the project is requesting a density bonus waiver for relief from the six-foot vertical
standard for uphill and downhill perimeter slope retaining walls. The walls are located along perimeter
property lines at the west, south and east of the project site. The proposed walls comply for most of
the perimeter along the south boundary until reaching the southeast corner, where the maximum
height reaches approximately 22 feet plus the required guard rail. The wall quickly descends in height
along the east property line to within the six-foot standard. Along the west property line is a required
50-foot riparian buffer from the off-site Kelly Creek as well as an SDG&E transmission line easement.
SDG&E has existing overhead transmission towers and lines and an access road within the easement
as shown on the project plans. The project’s grading must stay out of the riparian buffer to preserve
offsite habitat, and grading cannot negatively impact SDG&E’s infrastructure. To achieve these
purposes, a downhill perimeter retaining wall system is proposed. Much of the retaining wall along
the west property line is a height of between 10 and 11.5 feet plus a guard rail, but reaches a maximum
height of 23.6 feet plus the guard rail about midway along the westerly property line.
Grading Volume (CMC Section 21.95.140(D)
The intent of the hillside grading volume standards is to minimize the volume of earth moved for cut
and fill on a site. The proposed grading volume of 11,972 cubic yards per acre (cy/ac) falls within the
unacceptable level because it exceeds 10,000 cy/ac. Grading of this volume is typically allowed within
the Coastal Zone if it is for the purpose of constructing a circulation network road, or to preserve
natural habitat that could not be preserved by an acceptable volume of grading. Neither of these
factors apply to the project. As discussed in more detail in Section A above, the project is requesting a
density bonus waiver to allow the proposed volume of grading. The project’s preliminary geotechnical
reports, landscape plan and retaining wall plans have been reviewed and found acceptable by the
Engineering Division.
J. McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP)
The proposed project falls within the boundaries of the McClellan-Palomar Airport Land Use Compatibility
Plan (ALUCP). The ALUCP was amended on December 1, 2011, and all projects within its boundary are
required to be reviewed for consistency with its goals and policies. The ALUCP identifies four types of
airport impacts that must be considered for each development: Noise, Safety, Airspace Protection, and
Overflight. Based on a review of the ALUCP, the project site is not located within any noise contour, safety
zone or airspace protection area. The project site is located within the airport influence area (AIA) Review
Area 2 and the Airport Overflight Notification Area. Residential properties located in an overflight
notification area may be subject to some of the annoyances or inconveniences associated with their
Nov. 3, 2020 Item #6 Page 154 of 1999
proximity to airport operations. Therefore, the project will be required to record an overflight notification
for the project site area.
K. 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 14 below.
TABLE 14 – GROWTH MANAGEMENT COMPLIANCE
STANDARD IMPACTS COMPLIANCE
City Administration 1,040 square feet Yes
Library 555 square feet Yes
Waste Water Treatment Residential: 294 EDUs
Commercial: 5.5 EDUs
Yes
Parks 2.08 acres Yes
Drainage 37.92 CFS, Basin B Yes
Circulation Existing: 2,133 ADT
Proposed: 3,034 ADT
Net increase: 901 ADT
Yes (see below)
Fire Station No. 3 Yes
Open Space NA N/A
Schools Carlsbad (E=34.39/M=18.17/HS = 23.19) Yes
Sewer Collection System Residential: 294 EDUs
Commercial: 5.5 EDUs
Yes
Water Residential: 147,900 GPD
Commercial: 2,300 GPD
Yes
The project proposes 294 dwelling units. The unit yield at the GMCP of the property is 167 dwelling units.
However, as a result of the General Plan update, only 135 dwelling units are currently allocated to the
project site. Therefore, a total of 158 dwelling units (credit for one existing unit on site) are proposed to
be deducted from the City’s Excess Dwelling Unit Bank (EDUB). Pursuant to Planning Commission
Resolution No. 7382, the allocation from the EDUB can be supported since 646 units are available for
allocation in the Northwest Quadrant according to the city’s Quadrant Dwelling Unit Report dated July 31,
2020.
Growth Management Circulation Monitoring
Per the city’s Growth Management Program (GMP) and Citywide Facilities Plan, identified circulation
facilities are to operate at a level of service (LOS) D. As indicated in the project’s draft and final EIRs in the
Land Use chapter discussion, the city reported on GMP monitoring data for the city’s circulation facilities
for FY 2017-18 in 2019. In addition, the city is in the process of releasing the GMP circulation monitoring
data for FY 2018-19. The FY 2017-18 data showed deficiencies at some circulation facilities that were not
operating at LOS D, including the El Camino Real facility just south of State Route 78 within LFMZ 1. That
facility was exempted by the City Council in December 2019. On August 27, 2020, the City Manager’s office
notified the City Council by memorandum about the FY 2018-19 GMP circulation monitoring data. The
most recent monitoring data identifies additional circulation facility deficiencies in the city, including
Nov. 3, 2020 Item #6 Page 155 of 1999
southbound El Camino Real between Tamarack Avenue and Cannon Road that fronts the Marja Acres
project.
The FY 2018-19 GMP circulation monitoring data, including deficient facilities and recommendations for
how to address them, is in the process of being presented to the city’s Traffic and Mobility Commission
for a recommendation to the City Council. The City Council will then determine the deficient facilities and
adopt measures to address those deficiencies. It is anticipated that the Traffic and Mobility Commission
and the City Council will consider the FY 2018-19 GMP monitoring including the circulation facility
deficiencies and recommended measures on October 5 and October 20, 2020, respectively. Because this
segment of El Camino Real meets the criteria to be determined “built-out” by the City Council as discussed
under General Plan Compliance in Section A above, it is expected that Public Works staff will be
recommending that the City Council exempt the segment. However, because the exemption of the facility
is still being reviewed and has not yet been formally recommended to or acted on by the City Council, the
project applicant will be requesting that the City Council exempt the El Camino Real facility fronting the
project when the City Council considers the project. The Planning Commission is not an advisory body to
the City Council with respect to the GMP circulation deficiencies, and so will not make a recommendation
on the exemption of the El Camino Real facility. However, as indicated in the recommendation at the
beginning of this staff report, any approval granted for this project is subject to the City Council exempting
the facility or another action that ensures the project complies with the GMP.
In accordance with Policy 3-P.11 of the General Plan Mobility Element, any project that adds traffic to an
exempted circulation facility shall be conditioned to comply with Transportation Demand Management
and Transportation System Management requirements. If the facility is not exempted, the applicant will
be required to adhere to any other action that the City Council takes in response to the reported
deficiency. The necessary conditions for either scenario have been included in Resolution No. 7382.
IV. ENVIRONMENTAL REVIEW
An Environmental Impact Report (EIR) was prepared for the Marja Acres project in accordance with
the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the Environmental
Protection Procedures (Title 19) of the CMC. The EIR addresses the environmental impacts associated
with all discretionary applications for the proposed project, including development of the project. City
staff issued a Notice of Preparation (NOP) on April 6, 2018. The NOP was distributed to all Responsible
and Trustee Agencies, as well as other agencies. Staff scheduled a public scoping meeting in order to
increase opportunities for public input. The NOP with notice of the scoping meeting was sent to all
property owners within a 600-foot radius of the project boundaries and was published in the San Diego
Union Tribune. The public scoping meeting took place on April 17, 2018, at the Faraday Center. At
the scoping session, the public was invited to comment on the scope and content of the EIR. Written
comments were received in response to the NOP, were taken into consideration prior to developing
the detailed scope of the content for the EIR, and are summarized in and appended to the EIR.
The Marja Acres project EIR analyzed the following areas of potential environmental impact:
• Aesthetics
• Agriculture and Forestry Resources
• Air Quality
• Biological Resources
• Cultural Resources/Tribal Cultural Resources
Nov. 3, 2020 Item #6 Page 156 of 1999
• Geology and Soils
• Greenhouse Gas Emissions/Climate Change
• Hazards and Hazardous Materials
• Hydrology and Water Quality
• Land Use and Planning
• Noise
• Population and Housing
• Public Services
• Transportation and Traffic
• Utilities and Service Systems
Following consideration of the public and agency comments submitted on the NOP, it was determined
that the proposed project would not result in a significant impact on Mineral Resources or Recreation.
Additionally, the EIR includes other sections required by CEQA including an Executive Summary, Project
Description, Cumulative Effects, Effects Found Not to Be Significant, Growth Inducing Effects and
Alternatives. Five alternatives are considered in the EIR. The alternatives include the "No Project/No
Development" alternative, a "Maximum General Plan Density/No Density Bonus" alternative, a "Reduced
Project/Growth Management Density" alternative, and a “Previously Proposed Plan” alternative. On April
15, 2019, a Draft EIR was released and the city published a Notice of Completion (NOC) and mailed the
NOC to interested Responsible and Trustee Agencies and other interested agencies, surrounding owners
and occupants, and the interested parties list that staff had developed based on requests from the public
during the processing of the project. The NOC commenced a 45-day public review and comment period
on the Draft EIR expiring on May 29, 2019. The NOC advised that the Draft EIR was available for review
at four locations: City of Carlsbad Planning Division; the City Clerk's Office; the Georgina Cole Library; and
the Carlsbad City Library. Complete hardbound and CD copies were also available with the appendices
through the Planning Division. The Draft EIR was also published on the City's website at
(http://www.carlsbadca.gov/services/depts/planning/agendas.asp). In response to the NOC, 73 comment
letters and emails were submitted prior to the close of the public review period for the Draft EIR.
Following the close of the public review period as responses to the Draft EIR comments were being
prepared late in 2019, there were changes in circumstances that affected the project’s EIR. One was the
impending change to Vehicle Miles Traveled (VMT) for transportation impact analyses under CEQA
effective July 1, 2020, and some related case law. The other was that the city did not have a qualified
Climate Action Plan (CAP) for several months in early 2020. As a result of these circumstances, the
applicant determined with the city’s concurrence to change the project’s traffic impact analysis to comply
with the VMT methodology, and the city required the applicant to prepare a stand-alone greenhouse gas
analysis that did not rely on the CAP as a qualified document under CEQA. These two analyses were
prepared and reviewed and approved by the city. Due to the new information provided by these analyses,
the city released a Recirculated Draft EIR and Notice of Completion (NOC) as required by CEQA on June 5,
2020. The NOC commenced a 45-day public review and comment period on the Recirculated Draft EIR
expiring on July 20, 2020.
Due to COVID-19, Governor Newsom’s Executive Order N-54-20 established a period of time for electronic
availability of CEQA documents under public review when County Clerk and local agency offices were
closed to the public. The Recirculated Draft EIR was available for review electronically on the State
Clearinghouse’s CEQAnet website. The NOC also advised that a CD or a hard copy would be made available
on request by contacting the project planner. The Recirculated Draft EIR was also published on the City's
Nov. 3, 2020 Item #6 Page 157 of 1999
website at http://www.carlsbadca.gov/services/depts/planning/agendas.asp. In response to the NOC for
the Recirculated Draft EIR, four comment letters/emails were submitted prior to the close of the public
review period.
Responses to all of the comment letters are contained in the Final EIR, and were sent to each commenting
individual, organization or agency. The response transmittal letter also provided notice of availability of
the Final EIR. The Final EIR includes a Mitigation Monitoring and Reporting Program (MMRP). The MMRP
is also attached to Planning Commission Resolution No. 7381 for the EIR. The analysis contained in the
EIR concluded that all significant impacts would be mitigated to below a level of significance. CEQA
requires action on an EIR within one year from the date the project was deemed to be complete but allows
for an extension of the time period if compelling circumstances justify additional time as mutually agreed
by the applicant and city. The city determined, and the applicant agreed, that compelling circumstances
justify an extension of one year, so the deadline for final action on the EIR is December 24, 2020.
ATTACHMENTS:
1. Planning Commission Resolution No. 7381
2. Planning Commission Resolution No. 7382
3. PD Compliance Tables C, E and City Council Policy 66
4. Location Map
5. Disclosure Statement
6. PC Resolution No. 7114
7. Reduced Exhibits
8. Density Bonus Incentive/Concession Cost Offset/Reduction Documentation
9. Correspondence from the Public
10. Final EIR for Marja Acres dated August 2020 (distributed previously to Commissioners; available
at the Planning Division and http://www.carlsbadca.gov/services/depts/planning/agendas.asp)
11. Full Size Exhibits “A” – “CCCCCC” dated September 16, 2020
Nov. 3, 2020 Item #6 Page 158 of 1999
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.
The project complies with the R-15
General Plan Land Use
Designation density of 8-15 du/
Acre subject to the provisions of
state Density Bonus Law and CMC
Chapter 21.86.
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
The project complies. All
townhomes within the Residential
land use designation maintain a 50
foot setback from El Camino Real.
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
The project complies. Nearly
100% of the setback area is
landscaped, contains more than
or equal to one 24" box tree per
30 feet and will be commonly
owned and maintained.
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.
There are no perimeter walls
greater than 42 inches within the
Arterial landscape setback area,
therefore the project complies.
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.
The project complies. All buildings
meet all required permitted
intrusions into setbacks and
building separation.
C.4 Streets
Private
Minimum right-of-way width 56 feet The private street complies with
the minimum 56' and 34' widths.
The parkway widths vary from 3.5'
to 5' widths. The sidewalks vary in
width from 4' to 4.5'. Sidewalk and
parkway widths are a requested
density bonus reduction of
development standards per CMC
Section 21.86.060.
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. The project is not proposing a
public street.
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)
ATTACHMENT 3A
Nov. 3, 2020 Item #6 Page 159 of 1999
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. The project does not propose
one-family dwellings or twin homes
on small lots.
Condominium projects
Street trees shall be spaced no
further apart than 30 feet on
center within the parkway.
The project complies as
demonstrated on the approved
conceptual landscape plans.
Tree species should be selected to create a unified image for
the street, provide an effective canopy, avoid sidewalk damage
and minimize water consumption.
The project complies as
demonstrated on the approved
conceptual landscape plans.
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.
The project complies. All private
drive aisles have a minimum clear
to the sky width of 24 feet.
All
projects
No parking shall be permitted within the minimum required
width of a drive-aisle.
The project complies. No parking is
proposed within the minimum
required width of the proposed
private drive-aisles.
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).
The project complies. A minimum
24-foot vehicle backup/
maneuvering area is provided in
front of the proposed garages.
Additional width may be required for vehicle/emergency
vehicle maneuvering area.
The project complies. Fire truck
turning movements have been
incorporated into the design of the
drive aisles.
Parkways and/or sidewalks may be required. The project complies. Pedestrian
walkway connections are provided
throughout the project.
No more than 24 dwelling units shall be located along a single-
entry drive-aisle.
The project complies. No more
than 24 units are proposed along a
single-entry drive aisle.
All drive-aisles shall be enhanced with decorative pavement.
The project complies and provides
decorative pavement at the drive
aisle primary entries from the
private loop street.
C.6
Number of
Visitor
Parking
Spaces
Required (1)
Projects with 10 units or fewer A .30 space per each unit. The project complies. The project
provides an excess of visitor
parking. At 0.25 spaces/unit for 235
units, 59 visitor spaces are
required. The project provides 101
visitor parking spaces.
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.
Nov. 3, 2020 Item #6 Page 160 of 1999
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
The project complies – the private
street is 38 feet curb-to-curb, there
are no restrictions that would
prohibit on-street parking on the
private street, and parallel parking
is located on both sides of the
private street.
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. The project does not propose
parking bays.
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.
The project complies. Parallel on-
street parking spaces are a
minimum of 20’ or 24’ long in the
appropriate locations.
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.
N/A. There is no visitor parking
proposed within the drive aisles.
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
Nov. 3, 2020 Item #6 Page 161 of 1999
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. The project proposes full size
parking spaces.
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.
The project complies. Visitor
parking is located along both sides
of the street throughout the
residential area, and therefore all
spaces are within 300 feet of
the units they could potentially serve.
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.
There are no proposed open
parking areas for the residential
project.
C.9
Community
Recreational
Space (1)
Community recreational space shall be provided for all projects of 11 or
more dwelling units, as follows:
The project complies. The project is
not within the R-23 General Plan
land use designation so 200 sf per
unit of Community Recreational
space is required. For the proposed
235 units, 47,000 sf is required.
The project proposes 52,394 sf.
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.
N/A
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.
The project complies. See below.
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).
The project complies. The project includes 235 dwelling units. As a
result, 35,250 square feet of active
recreation space is required. The
project proposes 35,965 square
feet (77%) of active recreation
spaces including a tot lot with play
structure, grassy play with slope of
less than 5% and greater than
10,000 square feet in area, bocce
ball courts and cornhole area.
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-
N/A
Nov. 3, 2020 Item #6 Page 162 of 1999
intersections”) and where open space vistas
may be achieved.
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.
Project complies. Community
recreational spaces are located
throughout the development and
are functional, usable, and easily
accessible from the units they
serve.
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. Units are located within 1,000
feet of a community recreation
area.
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.
Project complies. Pedestrian scaled
path lighting will be installed along
the pedestrian walkways, and
adequate lighting will be provided
for vehicular safety on the private
street and drive aisles.
C.11 Reserved
Nov. 3, 2020 Item #6 Page 163 of 1999
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. RV storage is not required
because the project is within the R-
15 land use designation.
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.
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 proposes a two-car
garage (20 ft. x 20 ft. minimum
interior space), which satisfies the
storage space requirement.
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. N/A
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).
N/A
A garage (12’x20’ one-car, 20’x20’ two-car, or larger) satisfies the required
storage space per unit. Complies – see above.
This requirement is in addition to closets and other indoor storage areas. N/A
(1) This standard does not apply to housing for senior citizens (see Chapter 21.84 of this code).
Nov. 3, 2020 Item #6 Page 164 of 1999
PLANNED DEVELOPMENTS (CMC SECTION 21.45.080)
TABLE E: CONDOMINIUM PROJECTS
REF.
NO. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT
E.1
Livable
Neighborhood
Policy
Must comply with City Council Policy 66, Principles for the Development
of Livable Neighborhoods. SEE SEPARATE COMPLIANCE CHART
E.2 Architectural
Requirements
One-family and
two-family
dwellings
Must comply with City Council Policy 44, Neighborhood
Architectural Design Guidelines N/A
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 complies. 100% of
townhomes include 3 planes a
minimum of 18” apart as demonstrated on Sheets AB 2.7 and AB
2.8 of the architectural plans.
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.
All building elevations incorporate a
minimum of four complementary
design elements. The elevations for the
small and large townhome buildings
each include appropriate design
elements from a selection including
but not limited to lap siding, board and batten siding, varied window shapes,
exposed rafter tails, decorative
window shutters and barn doors, wood
kickers/knee braces, and wood, metal
or glass railings.
E.3 Maximum
Coverage 60% of total project net developable acreage. Project complies with building
coverage at 30%.
E.4 Maximum
Building Height
Same as required by the underlying zone, and not to exceed three stories
(1)(7)
The project complies with three-story
buildings that comply with the RD-M
height limit of 35’.
Projects
within the R-
23 general
plan
designation
(1)(7)
40 feet, if roof pitch is 3:12 or greater
N/A
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 The project does not provide a 10’
setback from the private street edge of
the right-of-way but does provide a 10’
landscaped buffer with meandering
sidewalk between the buildings and
the street edge. A density bonus
waiver of the 10’ setback is requested
per CMC Section 21.86.060.
Direct entry
garage 20 feet
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)
Project complies.
ATTACHMENT 3B
Nov. 3, 2020 Item #6 Page 165 of 1999
PLANNED DEVELOPMENTS (CMC SECTION 21.45.080)
TABLE E: CONDOMINIUM PROJECTS
REF.
NO. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT
Residential
structure –
directly
above a
garage
0 feet when projecting over the front of a
garage. Project complies.
Garage
3 feet
Project complies. 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) N/A
Garages facing directly onto a drive-aisle
shall be equipped with an automatic
garage door opener.
N/A
Balconies/deck
s (unenclosed
and
uncovered)
0 feet
Project complies.
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 project complies. The setbacks
from property lines far exceed the
underlying RD-M zone requirements.
E.6
Minimum
Building
Separation
10 feet The project complies. All buildings
have a 10 foot or greater separation.
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.
N/A
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
Nov. 3, 2020 Item #6 Page 166 of 1999
PLANNED DEVELOPMENTS (CMC SECTION 21.45.080)
TABLE E: CONDOMINIUM PROJECTS
REF.
NO. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT
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)
The project complies. All units have a
two-car garage.
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.
The project complies. All resident
parking is located within a two-car
garage and is less than 150’ from the
unit it serves.
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.
The project complies. Private
recreational space is located with each
townhome unit at patios/balconies or
on roof decks of a size that is usable
and is easily accessible.
Required private recreational space shall be located
adjacent to the unit the area is intended to serve. See above.
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.
No private recreational space is
located in these areas.
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
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
15 feet N/A
Nov. 3, 2020 Item #6 Page 167 of 1999
PLANNED DEVELOPMENTS (CMC SECTION 21.45.080)
TABLE E: CONDOMINIUM PROJECTS
REF.
NO. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT
plan
designations
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 complies. All the porches
and roof decks are greater than 60
square feet in area.
Minimum dimension of patio, porch or
balcony 6 feet The project complies. All the porches
and roof decks are at least 6’ in width.
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.
N/A
(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.
Nov. 3, 2020 Item #6 Page 168 of 1999
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.
Building facades provide varying planes, colors and materials which enhance the visual interest for pedestrians and visitors to the community. Each unit provides a clearly identifiable front door with porches. The townhomes are arranged in a manner where the front porches and windows face inward toward the neighboring townhomes across an inviting walkway to enhance the sociability of the community and create a more internal pedestrian experience. Front porches, larger first floor windows, gathering areas and balconies are provided.
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.
The townhomes are not oriented toward the street. Since the garages are located off of drive aisles, the actual private street scene is not inundated with garage fronts. All garages are accessed via a drive aisle and are setback from the drive aisle three feet. There are no tandem or side‐loaded garages.
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 primary looped street provides interconnectivity throughout the
community with sidewalks on both sides of the street connected to a
variety of pedestrian access ways through the townhome area. These sidewalks and access ways also connect to the recreational
opportunities as well as the specialty commercial area. The looped private
street provides vehicles with an alternative route to access the townhomes and disperse vehicles to two points of ingress and egress. The
private loop street provides a meandering landscaped parkway with
ample shade trees adjacent to the street and sidewalk. Sidewalks on both sides of the street provide a safe route for pedestrians. The private loop street
provides parking on both sides and the street is narrower than public streets
thus slowing traffic. Adequate street width is provided for emergency vehicles. The private loop street meets the city‐accepted design parameters.
ATTACHMENT 3C
Nov. 3, 2020 Item #6 Page 169 of 1999
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 are provided within the parkways and were carefully selected to meet the criteria specified in this policy.
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.
Sidewalks are provided on both sides of the private loop street. Pedestrian walkways are provided throughout the community between the townhomes where the fronts of the homes face toward the walkways thus creating a safer and socially enhanced pedestrian experience. Sidewalks are provided to El Camino Real where there are bus stops and opportunities to walk to the Kelly Elementary school on Kelly Drive. Internally there are pedestrian opportunities throughout the community to walk to various recreational amenities, the Urban Farm, the retail shop and restaurant.
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 be not be sited on residual parcels, used as buffers from surrounding developments or to separate buildings from streets.
The community provides two active
recreational areas and six various smaller passives areas for recreational opportunities. The primary active area is centrally located and provides direct
pedestrian access to the restaurant and retail area. These active and passive use areas are suited for residents of all ages and include grassy play areas, bocce ball and cornhole, a tot lot with play structures for children, a dog run,
patio covers and barbecue areas, and quiet areas with benches for those seeking peace and quiet. All areas are easily accessible from either the private street sidewalk system or pedestrian pathways.
Nov. 3, 2020 Item #6 Page 170 of 1999
ELCAMINO REAL
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CT 16-07 / PUD 16-09 / PUD 2018-0007 / SDP 2018-0001 / CDP 16-33 /HDP 16-02 / SUP 16-02 / EIR 2017-0001 (DEV16038)
SITE MAP
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ATTACHMENT 4
Nov. 3, 2020 Item #6 Page 171 of 1999
ATTACHMENT 5
Nov. 3, 2020 Item #6 Page 172 of 1999
(
(cicyof
Carlsbad
DISCLOSURE STATEMENT
P-1(A)
Development Services
Planning Division
1635 Faradav Avenue
(760) 602-4610
www.carlsbadca.gov
Applicant's statement or disdosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as •Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization. corporation. estate, trust, receiVer, syndicate, in this and any other county, city and county,
city municipality, district or other political subdtvislon or any other group or combination acting as a unit•
Agents may sign this document, however, the legal name and entity or the applicant and property owner
must be provided below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of & persons having a
financial interest in the application. If the applicant includes a corporation or partnership.
indude the names, titles, addresses of all Individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a publiclv-owned
corporation, Include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person, Jason Han, NUWI Carlsbad LLC Corp/Pa ...._ _________ _
Title. 1733 Ocean Ave, Suite 350
Addre~ Santa Monica, CA 90401
Title ____________ _
Address'._ __________ _
2. OWNER (Not the owner's·agent)
P-1(A)
Provide the COMPLETE, LEGAL names and addresses of & persons having any
ownership Interest In the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership. include the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE
SPACE BELOW. If a publiclv-owned oorporation, indude the names, titles, and
addresses of the corporate officer:s. (A separate 0aae mav be attached if necessary.)
Michael W. Selna and Marja D. Selna Person. Trustees of the Family Trust of Michael Corp/Pert. __________ _
Title Wand Marja D. Selna, DTD Title ·-------------
Address 6284 Forester Drive Address ·------------
Huntington Beach, CA 92648
Page 1 of2 Revised 07/10
---------__________ ,.,. --·-· ·---.. ·----------
Nov. 3, 2020 Item #6 Page 173 of 1999
3. NON•PROFIT ORGANIZATION OR TRUST
4.
If any person Identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
11st the names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust._______ Non ProflVTrust. ________ _
TfUe.___________ Title ___________ _
Address ________ _ Address. __________ _
Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
D Yes .0 No If yes, please Indicate person(s):. _________ _
NOTE!: Allach addlllonal sheets If neceBSSry.
I certify that all the above information Is true and correct to my knowledge,
I 1Jt,~/;J:, Jth,., <
Slgnatof owner/data
Michael W. Selna and Marja D. Selna Trustees of the
Family Trust of Michael Wand Marja D. Selna, DTD Jason Han, New Urban' West Inc. Printor type name -of'· owner Print or type name of appflcant
1.1'9 of owner/applicant's agent If applicable/date
Stan Weller, Howes Weller & Associates
Print or type name of ownar/appllcanfa agent
P-1(A) Pege2of2 Revised 07/10
Nov. 3, 2020 Item #6 Page 174 of 1999
(cifyof
Carlsbad
DISCLOSURE STATEMENT
P-1(A)
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print. -~: . Person is de.fined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county., city and county,
city municipality, district or o~her political subdivision or any other group or combln~tion acting as a.unit." ..
. Agents may sign this dqcument; however, the legal name and entity of the applicant and property owner
must be provideq below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership.
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person Jason Han, NUWI Carlsbad LLC Corp/Part ___________ _
Title____________ Title _____________ _
Address 1733 Ocean Ave, Suite 350
· Santa Monica, CA 90401
Address ___________ _
2. OWNER (Not the owner's agent)
P-1 (A)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership. include the names, titles, addresses of
all individuals owning more than ·10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
P Marja Dawn Selna, Trustee of the Hoffman
erson. Legacy Trust
Title __________ _
Address 6284 Forester Drive
Huntington Beach, CA 92648
Corp/Part ___________ _
Title --------------
Address -------------
Page 1 of2 Revised 07/10
Nov. 3, 2020 Item #6 Page 175 of 1999
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of ar:f! person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust._______ Non Profitrrrust.,...._ _______ _
Title___________ Title ____________ _
Address _________ _ Address ___________ _
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
D Yes El] No If yes, please indicate person(s): __________ _
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the
Marja Dawn Selna, Trustee oflhe Hoffman Legacy Trust
Print or type name of owner
Jason Han, NUWI Carlsbad LLC
Print or type name of applicant
~~ff applicable/date
Stan Weiler, Howes Weiler & Associates
Print or type name of owner/applicant's agent
Page2 of2 Revised 07/10
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL
APPROVE AN ALLOCATION FROM THE EXCESS DWELLING UNIT BANK FOR
RESIDENTIAL PROPERTIES DESCRIBED HEREIN AND FOR WHICH A
RESIDENTIAL LAND USE CHANGE IS RECOMMENDED FOR APPROVAL PER
PLANNING COMMISSION RESOLUTION NO. 7112.
CASE NAME: GENERAL PLAN UPDATE
CASE NO.: GPA 07-02
WHEREAS, the City Planner has filed a verified application with the City of Carlsbad
regarding a comprehensive update to the city’s General Plan, which affects properties citywide; and
WHEREAS, per City Council direction at its meeting of September 11, 2012 and November
5, 2013, staff utilized the Preferred Plan in the preparation of the General Plan update, and said Preferred
Plan and City Council direction included proposals to increase allowed residential densities on various
properties; and
WHEREAS, to approve any of the proposed residential density increases requires an
allocation of units from the city’s Excess Dwelling Unit Bank as established in City Council Policy No. 43;
and
WHEREAS, City Council Policy No. 43 identifies that an allocation of excess dwelling units
is an “incentive”, as defined by Carlsbad Municipal Code (CMC) Section 21.86.020.A.12 and Government
Code Section 65915(k), in that it is a regulatory concession that modifies the requirements of CMC Chapter
21.90 by permitting development with more dwelling units than otherwise permitted by the growth
management control point established in CMC Chapter 21.90; the allocation of excess dwelling units to a
property will permit more dwelling units on a site than would otherwise be allowed by the existing
underlying General Plan land use designation, which reduces land cost per dwelling unit and results in
identifiable, financially sufficient and actual cost reductions to development of the property; and
WHEREAS, City Council Policy No. 43 requires, in return for the incentive of receiving an
allocation of excess dwelling units, that a percentage of the housing units developed on a site, which has
been subject to an allocation of excess dwelling units, be provided at a cost affordable to lower income
PLANNING COMMISSION RESOLUTION NO. 7114
ATTACHMENT 6
Nov. 3, 2020 Item #6 Page 176 of 1999
PC RESO NO. 7114 -2-
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households per the city’s Inclusionary Housing Ordinance (CMC Chapter 21.85) or as otherwise specified
by the decision-maker; and
Whereas, staff and the Planning Commission recommend that excess dwelling units be
allocated to properties as identified in Table A below and as further described in Attachment 8 of the
Planning Commission Staff Report dated July 18, 2015:
TABLE A – RECOMMENDED ALLOCATION OF EXCESS DWELLING UNITS
Quadrant Site Name
Assessor’s
Parcel
Number
Recommended Land Use Changes Units to be
Allocated
from EDUB From
(Existing)
To
(Recommended)
Northeast
Basin BJ 168-05-036 RLM/OS R-30/OS 94
Robertson Ranch
PA22 168-360-16 O/OS R-23/OS
(20 du/ac. min.) 98
Sunny Creek
Commercial 209-090-11 L (17.6 ac.)
L (8ac.)
R-15 (9.6 ac. @
12 du/ac. min.)
115
Northwest Marja Residential 207-101-35 RLM R-15
(12 du/ac. min.) 100
Southeast La Costa Town Square 223-060-61 O R-23 120
Southwest
Aviara Farms 212-040-56 UA R-30 224
Ponto Residential 216-140-43 UA R-23 124
Ponto Mixed Use UA GC 12
TOTAL 887
WHEREAS, the Planning Commission did on July 18, 2015, hold a duly noticed public
hearing and received public testimony and thereafter continued said public hearing to July 22, 23 and 24,
2015, as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all evidence relating to
the General Plan Amendment and proposed residential land use changes.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad that:
A) The foregoing recitations are true and correct.
B) Based on the evidence presented at the public hearing and based on the following
findings, the Planning Commission RECOMMENDS:
Nov. 3, 2020 Item #6 Page 177 of 1999
PC RESO NO. 7114 -3-
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1) THAT THE CITY COUNCIL APPROVE THE ALLOCATION OF EXCESS DWELLING
UNITS PER TABLE A OF THIS RESOLUTION, SUPPORTED BY THE FINDINGS
BELOW.
Findings:
1. The location and density of the sites to be allocated excess dwelling units are compatible with
existing adjacent residential neighborhoods and/or nearby existing or planned uses in that the
sites: are within close proximity to neighborhood services (shopping, employment, parks,
schools, etc.); are not located in areas that contain significant natural or manmade hazards; are
adjacent to or near properties with similar densities.
2. The location and density of the sites are in accordance with the applicable provisions of the
General Plan and any other applicable planning document in that the allocation of excess
dwelling units will enable implementation of the land use designations proposed by the General
Plan update and the sites help to ensure the availability of sufficient land in all residential
densities to accommodate varied housing types to meet Carlsbad’s 2010-2020 Regional Housing
Needs Assessment (RHNA), as identified in the Housing Element.
3. The proposed residential land use changes comply with the findings stated in the General Plan for
projects that exceed the growth management control point for the applicable density range in
that the General Plan EIR did not identify any significant impacts to public facilities resulting
from buildout of the subject properties at the proposed densities; and future development at
the proposed densities will be subject to the city’s growth management ordinance, which
requires the provision of adequate public facilities concurrent with development; and the
proposed densities will not result in exceeding any quadrant dwelling limit.
NOW, THEREFORE, the Planning Commission of the City of Carlsbad resolves that:
A) The density increases provided in Table A herein are substantial and well above the density
bonus limits established by Carlsbad Municipal Code (CMC) Section 21.86.030.B, and constitute
an “offset” as defined by Carlsbad Municipal Code (CMC) Section 21.85.020. In exchange for
making such offset available, the city council finds it is appropriate to require, in accordance
with Carlsbad Municipal Code (CMC) Section 21.85.100, any residential development (rental or
for-sale) on the properties identified in Table A of this resolution to enter into an affordable
housing agreement with the City of Carlsbad to provide a minimum of 20 percent of the total
housing units on the site of the residential development as affordable to lower income
households at 80% or below the San Diego County Area Median Income. At the sole discretion
of the City of Carlsbad and following completion of an alternate public benefit analysis, any
residential development (rental or for-sale) on the properties identified in Table A of this
resolution may be permitted to produce affordable housing units on the site of the residential
development that meet one of the following minimum requirements as an alternative to satisfy
the lower income affordable housing requirement set forth above:
1. A minimum of 15 percent of the total projects housing units shall be affordable to lower
income households at 80% or below the San Diego County Area Median Income and an
additional 10 percent shall be affordable to moderate income households at 100% or below
of the San Diego County Area Median Income; or
Nov. 3, 2020 Item #6 Page 178 of 1999
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2.A minimum of 15 percent of the total project housing units shall be affordable to very low
income households at 50% or below the San Diego County Area Median Income.
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Nov. 3, 2020 Item #6 Page 179 of 1999
Nov. 3, 2020 Item #6 Page 180 of 1999
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on July24, 2015 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Scully, Commissioner Anderson, Black, L'Heureux,
Montgomery, Segall and Siekmann
ORIA SCULLY, Chairperso
CARLSBAD PLANNING COMMISSION
ATTEST:
Q4d7b
DON NEU
City Planner
PC RESO NO. 7114 -5-