HomeMy WebLinkAbout2020-11-03; City Council; Resolution 2020-215RESOLUTION 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
TOWNHOM ES, 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 18 of 1999
Development Permit PUD 2018-0007, Site Development Plan SDP 2018-0001, Coastal Development
Permit CDP 16-33, Hillside Development Permit HDP 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.
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. 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 of this 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 19 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 20 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 21 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: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None
MATT HALL, Mayor
BARBARA ENGLESON, Cit Clerk
(SEAL)
Nov. 3, 2020 Item #6 Page 22 of 1999
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EXHIBIT 3
Nov. 3, 2020 Item #6 Page 23 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 SPECIAL TY 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 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
Nov. 3, 2020 Item #6 Page 24 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 N.ORTHWEST
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 S.OUTH 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 25 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 cond ition.
Findings:
1. The Planning Commission of the City of Carlsbad does hereby find that the FinalProject 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 26 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-Nov. 3, 2020 Item #6 Page 27 of 1999
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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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.
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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
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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
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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.
Nov. 3, 2020 Item #6 Page 62 of 1999
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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. EXHIBIT B
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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. Nov. 3, 2020Item #6 Page 65 of 1999
Final EIR | Marja Acres Project 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad August 2020 | 0.3-5 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. Nov. 3, 2020Item #6 Page 66 of 1999
Final EIR | Marja Acres Project 0.3 Mitigation Monitoring and Reporting Program 0.3-6 | August 2020 City of Carlsbad 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 saidNov. 3, 2020Item #6 Page 67 of 1999
Final EIR | Marja Acres Project 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad August 2020 | 0.3-7 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 Nov. 3, 2020Item #6 Page 68 of 1999
Final EIR | Marja Acres Project 0.3 Mitigation Monitoring and Reporting Program 0.3-8 | August 2020 City of Carlsbad 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. Nov. 3, 2020Item #6 Page 69 of 1999
Final EIR | Marja Acres Project 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad August 2020 | 0.3-9 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. Nov. 3, 2020Item #6 Page 70 of 1999
Final EIR | Marja Acres Project 0.3 Mitigation Monitoring and Reporting Program 0.3-10 | August 2020 City of Carlsbad 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, 2020Item #6 Page 71 of 1999
Final EIR | Marja Acres Project 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad August 2020 | 0.3-11 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 Nov. 3, 2020Item #6 Page 72 of 1999
Final EIR | Marja Acres Project 0.3 Mitigation Monitoring and Reporting Program 0.3-12 | August 2020 City of Carlsbad 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 Nov. 3, 2020Item #6 Page 73 of 1999
Final EIR | Marja Acres Project 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad August 2020 | 0.3-13 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. Nov. 3, 2020Item #6 Page 74 of 1999
Final EIR | Marja Acres Project 0.3 Mitigation Monitoring and Reporting Program 0.3-14 | August 2020 City of Carlsbad 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, 2020Item #6 Page 75 of 1999
Final EIR | Marja Acres Project 0.3 Mitigation Monitoring and Reporting Program City of Carlsbad August 2020 | 0.3-15 Table 0.3-1. Mitigation Measures Mitigation Measure Type Monitor Schedule Compliance Action Verification of Compliance Remarks Initial Date 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. 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 of how it is implementing measure CAPCOA TRT-7: Implement Commute Trip Reduction Marketing. Utilities and Services Systems No mitigation measures are required. Nov. 3, 2020Item #6 Page 76 of 1999
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, 2020Item #6 Page 77 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 78 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 considersaid request; and
PC RESO NO. 7382 -2-Nov. 3, 2020 Item #6 Page 79 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)
B)
Findings:
That the foregoing recitations are true and correct.
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:
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 80 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 81 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 potentiaUy
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 82 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 of this 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.
PC RESO NO. 7382 -6-Nov. 3, 2020 Item #6 Page 83 of 1999
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 L7 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
PC RESO NO. 7382 -7-Nov. 3, 2020 Item #6 Page 84 of 1999
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.
SOP 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
PC RESO NO. 7382 -8-Nov. 3, 2020 Item #6 Page 85 of 1999
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 froni
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.
PC RESO NO. 7382 -9-Nov. 3, 2020 Item #6 Page 86 of 1999
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, HOP 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
PC RESO NO. 7382 -10-Nov. 3, 2020 Item #6 Page 87 of 1999
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
PC RESO NO. 7382 -11-Nov. 3, 2020 Item #6 Page 88 of 1999
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
town homes 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
PC RESO NO. 7382 -12-Nov. 3, 2020 Item #6 Page 89 of 1999
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 reducti6n(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 publi~ 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(()(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
PC RESO NO. 7382 -13-Nov. 3, 2020 Item #6 Page 90 of 1999
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 awide 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
PC RESO NO. 7382 -14-Nov. 3, 2020 Item #6 Page 91 of 1999
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
PC RESO NO. 7382 -15-Nov. 3, 2020 Item #6 Page 92 of 1999
(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.
PC RESO NO. 7382 -16-Nov. 3, 2020 Item #6 Page 93 of 1999
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 that the 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 iri 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 Developer to 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.
PC RESO NO. 7382 -17-Nov. 3, 2020 Item #6 Page 94 of 1999
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
PC RESO NO. 7382 -18-Nov. 3, 2020 Item #6 Page 95 of 1999
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
PC RESO NO. 7382 -19-Nov. 3, 2020 Item #6 Page 96 of 1999
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. Said
invoice shall be due and payable by the Association within twenty (20) days of receipt by the
Association. If the Association shall fail to pay such invoice in full within the period specified,
payment shall be deemed delinquent and shall be subject to a late charge in an amount equal
to six percent (6%) of the amount of the invoice. Thereafter the city may pursue collection
from the Association by means of any remedies available at law or in equity. Without limiting
the generality of the foregoing, in addition to all other rights and remedies available to the
city, the city may levy a special assessment against the Owners of each Lot in the Project for
an equal pro rata share of the invoice, plus the late charge. Such special assessment shall
constitute a charge on the land and shall be a continuing lien upon each Lot against which the
special assessment is levied. Each Owner in the Project hereby vests the city with the right
and power to levy such special assessment, to impose a lien upon their respective Lot and to
bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and
PC RESO NO. 7382 -20-Nov. 3, 2020 Item #6 Page 97 of 1999
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 t_he 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 sh.all adhere to the following measures for all construction
phases of the project:
PC RESO NO. 7382 -21-Nov. 3, 2020 Item #6 Page 98 of 1999
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.
PC RESO NO. 7382 -22-Nov. 3, 2020 Item #6 Page 99 of 1999
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 record a Notice that this property is subject to
overflight, sight and sound of aircraft operating from McClellan-Palomar Airport, in a form •
meeting the approval of the City Planner and the City Attorney (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.
PC RESO NO. 7382 -23-Nov. 3, 2020 Item #6 Page 100 of 1999
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.
PC RESO NO. 7382 -24-Nov. 3, 2020 Item #6 Page 101 of 1999
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-
PC RESO NO. 7382 -25-Nov. 3, 2020 Item #6 Page 102 of 1999
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 s_ubject 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-Nov. 3, 2020 Item #6 Page 103 of 1999
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 SW PPP 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.
PC RESO NO. 7382 -27-Nov. 3, 2020 Item #6 Page 104 of 1999
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
PC RESO NO. 7382 -28-Nov. 3, 2020 Item #6 Page 105 of 1999
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 th~ 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-Nov. 3, 2020 Item #6 Page 106 of 1999
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 b~
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-Nov. 3, 2020 Item #6 Page 107 of 1999
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.
PC RESO NO. 7382 -31-Nov. 3, 2020 Item #6 Page 108 of 1999
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.
PC RESO NO. 7382 -32-Nov. 3, 2020 Item #6 Page 109 of 1999
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 regula r meeting of the Planning Commission of the City
of Carlsbad, California, held on September 16, 2020, by the following vote, to wit:
AVES: 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. 7382 -33-Nov. 3, 2020 Item #6 Page 110 of 1999