HomeMy WebLinkAbout2020-09-16; Planning Commission; ; CT 16-07/PUD 16-09/PUD 2018-0007/SDP 2018-0001/CDP 16-33/HDP 16-02/SUP 16-02/EIR 2017-0001 (DEV16038) – MARJA ACRES Part 1
Item No.
Application complete date: December 24, 2018
P.C. AGENDA OF: September 16, 2020 Project Planner: Teri Delcamp
Project Engineer: Tim Carroll/Allison
McLaughlin
SUBJECT: CT 16-07/PUD 16-09/PUD 2018-0007/SDP 2018-0001/CDP 16-33/HDP 16-02/SUP 16-
02/EIR 2017-0001 (DEV16038) – MARJA ACRES – Request for a recommendation of 1)
certification of an Environmental Impact Report, including the approval of Candidate
Findings of Fact and a Mitigation Monitoring and Reporting Program, and 2) approval of
a Tentative Tract Map, Residential Planned Development Permit, Nonresidential Planned
Development Permit, Site Development Plan, Coastal Development Permit, Hillside
Development Permit and Special Use Permit to develop a mixed-use project consisting of
248 townhomes, 46 affordable senior apartments, and 10,000 square feet of specialty
commercial uses on 20.65 acres at 4901 El Camino Real, generally located south of El
Camino Real east of Kelly Drive, north of Park Drive, and west of West Ranch Street/Lisa
Street, within the Mello II Segment of the Local Coastal Program and in Local Facilities
Management Zone 1. The project is within the appealable area of the California Coastal
Commission.
I. RECOMMENDATION
That the Planning Commission 1) ADOPT Planning Commission Resolution No. 7381 RECOMMENDING
that the City Council CERTIFY the Environmental Impact Report EIR 2017-0001, including the approval of
Candidate Findings of Fact and a Mitigation Monitoring and Reporting Program, and 2) ADOPT Planning
Commission Resolution No. 7382 RECOMMENDING APPROVAL of Carlsbad Tract Map CT 16-07, Planned
Development Permit PUD 16-09, Planned Development Permit PUD 2018-0007, Site Development Plan
SDP 2018-0001, Coastal Development Permit CDP 16-33, Hillside Development Permit HDP 16-02, and
Special Use Permit SUP 16-02 to the City Council based on the findings and subject to the conditions
contained therein. The recommendation will be subject to the City Council taking action to exempt an
existing deficient Growth Management Plan circulation facility on southbound El Camino Real between
Tamarack Avenue and Cannon Road or other action deemed appropriate to address the deficiency.
II. PROJECT DESCRIPTION AND BACKGROUND
Project Setting
The 20.65-acre project site is comprised of two (2) parcels located south of El Camino Real, east of Kelly
Drive, north of Park Drive, and west of West Ranch Street/Lisa Street. The northern, lower portion of the
site (i.e., along El Camino Real) contains small-scale commercial development accessed from El Camino
Real. The western portion of the site is occupied by a commercial nursery. An upper mesa contains one
existing home with associated structures and disturbed land utilized in the past for agriculture. On the
slope between the commercial site and upper mesa are three existing wireless communication facilities
(WCFs) that are in the process of being decommissioned and removed. Existing single-family homes are
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located to the south of the project site along Park Drive and to the west along Kelly Drive beyond a
Residential Agriculture-zoned parcel. A mobile home park is located to the east, accessed via Lisa Street.
The Robertson Ranch Master Plan’s residential development is across El Camino Real to the north of the
project site, along with the Master Plan’s future planned commercial pad, accessed from West Ranch
Street.
The project site’s existing commercial development sits just below the street level on El Camino Real, with
a steep slope up to the mesa behind the commercial uses. The project site ranges from approximately 58
to 67 feet above mean sea level (AMSL) at the lower pad of the site along El Camino Real, rising up to
approximately 112 feet AMSL at the site’s highest point at the upper mesa along the southern boundary.
Table 1 below includes the General Plan Land Use designations, zoning and current land uses of the project
site and surrounding properties.
TABLE 1 – SITE AND SURROUNDING LAND USES
Location General Plan Designation Zoning Current Land Use
Site R-15 Residential/General
Commercial (GC)
Residential Density –
Multiple (RD-M)/General
Commercial (C-2)
Single-Family
Residence/Retail &
Restaurant/WCFs
North Open Space (OS)/R-23
Residential
Planned Community (P-C)
(Robertson Ranch Master
Plan)
Open Space Slopes/Multi-
Family Residential
South R-4 Residential One-Family Residential (R-
1) Single-Family Residential
East R-4 Residential Residential Mobile Home
Park (RMHP) Mobile Home Park
West R-4 Residential Residential Agriculture (R-
A-10000)
Residential Agriculture/
Open Space
Background
With the approval of the city’s new General Plan in 2015, the General Plan land use designation and the
zoning on the project site’s residential parcel changed from Residential Low Medium Density (RLM) to
Residential (R-15) and from Residential Agriculture (R-A-10,000) to Residential Density-Multiple (RD-M),
respectively. The General Plan also changed the commercial parcel’s land use and zoning. The commercial
parcel’s General Plan land use designation changed from a combination of General Commercial (GC) and
Residential Low Medium Density (RLM) to all General Commercial (GC). The commercial parcel’s zoning
designation changed from a combination of General Commercial (C-2), General Commercial with a
Qualified Development Overlay (C-2-Q) and Residential Agriculture (RA-10,000) to all General Commercial
(C-2). When the California Coastal Commission (CCC) approved the city’s Local Coastal Program
Amendment (LCPA) application for the new General Plan in May 2016, the city agreed to remove several
proposed land use and zoning changes from the application because the CCC required more substantive
review. The changes to the Marja Acres site were removed at that time. After coordination between the
city and the CCC staff and more substantive review, the CCC approved the General Plan and Zoning
designations for the project site on February 8, 2017.
With the General Plan’s change in land uses for the site came a requirement through Resolution No. 7114
for the residential parcel to be developed with a minimum density of 12 dwelling units per acre and an
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allocation of a further 100 dwelling units from the Excess Dwelling Unit Bank (EDUB). The 100 dwelling
units were in addition to the 35 units already allocated under the prior General Plan land use designation,
for a total of 135 units allocated to the site under the General Plan. The site is also required to provide a
minimum of 20% inclusionary housing units, or one of two other options that provide a deeper level of
affordability per Resolution No. 7114 (see Attachment 6).
The original application submitted by NUWI Carlsbad, LLC, in September 2016 envisioned a master-
planned community comprised of 32 single family homes (15 of which included accessory dwelling units
(ADUs) to partially meet inclusionary housing requirements), 151 townhomes, 35 age-restricted
inclusionary (senior affordable) apartments, and approximately 10,000 square feet of commercial uses.
At that time, the project contemplated reducing the size of the commercial land use area to approximately
one acre, thereby increasing the residential land use acreage to approximately 19 acres. In addition, the
project included the demolition of an existing single-family home on Park Drive to create a pedestrian
walkway connection between the existing Loma Laguna neighborhood to the south, and the proposed
Marja Acres community. The applicants indicated the connection was intended to allow for increased
neighborhood connectivity/engagement and enhanced pedestrian mobility, and would provide access to
the Marja Acres community amenities for residents in the Loma Laguna neighborhood. Due to the
proposed land use and zone changes, the original application also included requests for a General Plan
Amendment, Zone Change, Local Coastal Program Amendment and a Specific Plan.
The previous design of the project received significant growing opposition from the adjoining Loma
Laguna neighborhood. The opposition was related primarily to the loss of the home from their established
neighborhood for a new pedestrian connection, which was perceived as creating the potential for an
overflow on-street parking issue from future Marja Acres residents. At the same time, city staff had also
informed the applicant that the project would not receive staff support for meeting part of the
inclusionary housing requirement with ADUs, that the number of age-restricted apartment units needed
to be increased to make it a viable project, and that staff was concerned about the number of units being
requested from the EDUB given other potential requests in the Northwest Quadrant at that time. As a
result of the input from the surrounding residents and city staff, the applicant changed the project design,
submitted two additional applications, and withdrew the four land use applications in January 2018. The
rest of the application types remained on file as they are required for the redesigned project.
Project Description
NUWI Carlsbad, LLC, has submitted an application for the development of a mixed-use project on 20.65
acres of land generally located on the south side of El Camino Real east of Kelly Drive and west of Lisa
Street. The project proposes construction of 248 townhomes, 46 age-restricted inclusionary housing
(senior affordable) apartments, and two buildings for specialty commercial uses totaling approximately
10,000 square feet in area. The 20.65-acre project site currently consists of two legal parcels, one of which
has a land use designation and zoning for multi-family residential uses, and the other for commercial uses.
The residential parcel is 14.39 gross (12.04 net) acres in size, and the commercial parcel is 6.26 gross (5.73
net) acres in size. The tentative map will subdivide the existing parcels into 13 parcels. An environmental
impact report (EIR) has been prepared which analyzes the potential impacts to the environment that may
be caused by the proposed project. The environmental analysis has identified that all potential
environmental impacts of the project can be mitigated to a less than significant level.
In comparison to the original project described above, the currently-proposed project features two
separate yet interconnected development areas including mixed-use residential and commercial on the
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commercial portion, an increase in the number of senior affordable apartments, an increase in the
number of townhomes, and elimination of single-family residences and ADUs. The proposed project is
also relying on state Density Bonus Law (California Government Code Section 65915) and Carlsbad
Municipal Code (CMC) Chapter 21.86, Residential Density Bonus and Incentives or Concessions, for the
project’s density in return for providing the proposed affordable housing units. Detailed descriptions of
the residential and commercial portions of the project are presented later in this section.
The project site has street frontage on El Camino Real, and is proposed to be accessed via two entry points
to a looped private street system that extends through the commercial mixed-use and residential project
areas. A main entry is located at the westerly portion of the site, and a second access is located to the
east. Two new southbound deceleration lanes are required to be constructed at each entry point, and will
provide right-turn-in, right-turn-out access. On-street parking is proposed on both sides of the looped
private street throughout the project, except for a short stretch at the main entry street into the project
site. Sidewalks provide interconnectivity throughout the project, between the residential and commercial
mixed-use areas, and to sidewalks on El Camino Real. El Camino Real fronting the project has been
improved to its full six-lane width with sidewalk, curb and gutter, and bicycle lanes.
Grading for the proposed project includes 247,227 cubic yards (cy) of cut, 183,942 cy of fill, with 120,255
cy of remedial grading and 63,285 cy of export. The grading will still result in two pads, but the lower pad
will be slightly elevated from El Camino Real and the upper pad will be substantially lower in height
compared to the existing grades. A grading permit is required for the project. A portion of the project
grading and street improvements are located within the existing San Diego Gas & Electric (SDG&E)
transmission easement. SDG&E has provided written concurrence with the proposed project design
including work and improvements within their easement.
Mixed-Use Commercial Development:
The northern 6.26-acre commercial portion of the site would be developed as a mixed-use project
with approximately 10,000 square feet of commercial uses within two buildings, 46 senior affordable
apartments within one building, and 13 market-rate townhomes within three buildings. One of the
three townhome buildings contains five townhomes, and the other two contain four townhomes
each. The three development areas will be on its own lot. The commercial uses include a 4,000-
square-foot restaurant pad and a 6,000-square-foot specialty retail pad. The proposed restaurant pad
includes an urban farm garden component, as does the senior apartment building. The residential
density of the mixed-use portion of the project is 41.3 dwelling units per net acre.
Architecturally, the single-story commercial buildings are designed in a contemporary farmhouse/Folk
style to relate to the style and materials of the existing retail/restaurant building on the site and the
site’s past history. The buildings feature stucco and board and batten siding, gable and barn-style
roofs with composition asphalt shingles, barn doors, and decorative elements including knee braces
and a cupola. The large townhome buildings on the commercial site will have architecture similar to
the residential portion of the site (discussed below), with a focus on exterior elements that are
complementary to the proposed restaurant and specialty retail buildings.
The architecture of the proposed three-story senior affordable apartment building echoes the
agricultural past of the site, with stucco and board formed corrugated siding on the ground floor level,
stucco on the upper levels, gable roofs with composition asphalt shingles, a variety of window shapes
and sizes, and decorative elements including shutters, awnings, cross-brace and slat railings at
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balconies, beam outlookers and knee braces. Carports will cover the spaces in the parking lot, and
residents will have access to an urban farm and a passive common recreation area with a pathway,
benches, and a rose garden.
Multi-Family Residential Development:
The southern 14.39-acre portion of the site will be developed with 235 townhome units. The majority
of the buildings will comprise four or six townhome units each, with the remaining buildings
containing three, seven, eight or ten townhome units per building. The proposed residential density
is 19.6 dwelling units per net acre. There are 46 buildings within this area of the site and all of the
buildings are three stories. A total of 31 residential buildings feature four or six townhome units per
building. The remaining buildings have three townhomes (two buildings), five townhomes (five
buildings), seven townhomes (four buildings), and eight townhomes (four buildings). The townhomes
will have a ground floor two-car garage and living space, and two floors of living space above. The
project proposes two townhome building design concepts: “small” and “large” buildings. The westerly
portion of the residential area contains small townhome buildings with pitched roofs. The easterly
portion (and the townhomes in the commercial area) contains large townhome buildings with flat
roofs and roof decks on most of the units, except along some project perimeters.
The architecture of the residential portion of the project is a modern farmhouse/Folk style
incorporating vertical board and batten, stucco, and lap exterior siding; a variety of window shapes
and sizes; flat roofs or gabled roofs covered in asphalt shingles; wood, glass and metal railings; and
decorative accent elements including rafter tails, knee braces, shutters, and barn doors. A variety of
complementary palettes are proposed for the exterior building colors to further differentiate and
enhance the aesthetics of the project. The large townhome buildings feature flat roofs, many of which
have partial roof decks. Per the exhibit shown on Sheet AA0.1 of the project plans, two of the
townhome units at the ends of the buildings along the southerly perimeter and two buildings near
the easterly perimeter will not have roof decks. One building near the easterly perimeter shifted the
roof decks to the westerly portion of the roof. The current plan represents a change from the project’s
original submittal which showed roof decks on all of the large townhome units. Roof decks were
removed by the applicant in response to concerns expressed by neighboring residents. The small
townhome buildings have 3:12 pitched roofs and will be 35 feet in height. The large townhome
buildings with flat roofs will be 32’-6” in height with allowed protrusions and architectural elements
up to 36 feet for parapets/roof deck guard rails, and 42’-6” for enclosed stairwells. These protrusions
are allowed per CMC Section 21.46.020, as the architectural features will not provide additional
interior floor area, but will allow access to and use of the roofs for decks and solar photovoltaic
systems.
Eight active and passive common recreational spaces are provided within the residential area. The
active recreation areas include features such as a tot lot, lawn play areas over 10,000 square feet in
area, overhead shade structures, built-in BBQ and counter area, seating areas, bocce ball courts and
a cornhole play area. One passive recreation area provides a dog park, and several passive recreation
areas include lawn, shrubs, and a seating bench. Another area features a second BBQ and counter
area with an overhead shade structure and seating.
A breakdown of each type of residential unit in the residential and mixed-use portions of the project is
summarized in Table 2 below.
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TABLE 2 – DETAILS FOR UNIT TYPE
Unit Type # Building Type Quantity Size Bedroom/
Bathrooms
Townhomes
P1 Small 35 1,703 SF 3/2.5
P2 Small 37 1,718 SF 3/2.5
P3 Small 48 1,734 SF 3/2.5
P4 Large 53 1,912 SF 4/4
P5 Large 5 2,054 SF 3/2.5
P6 Large 17 2,125 SF 3/2.5
P7 Large 53 2,349 SF 4/2.5
TOTAL MARKET-RATE UNITS 248
Senior Apartments
P1A N/A 39 524 SF 1/1
P1B N/A 6 545 SF 1/1
P2A N/A 1 757 SF 2/1
TOTAL AFFORDABLE UNITS 46
TOTAL NUMBER OF UNITS 294
Pursuant to CMC Chapter 21.86, the applicant is proposing 20% of the maximum base density number of
units as rent-restricted units affordable to “lower-income” households which allows a density bonus of
up to 35% to be granted. With this density bonus, the maximum number of units that would be allowed
for the 13.47 total net acres available for housing would be 304 dwelling units, with 45 of those units
required to be affordable to lower-income households. The applicant is proposing a total of 294 dwelling
units, which is 10 units less than what is allowed per density bonus law, with 46 lower-income units. The
project is also required to comply with the city’s inclusionary housing requirements in CMC Chapter 21.85,
which is satisfied through the provision of the 46 lower-income units as described later in this report. The
294-unit project has an overall proposed density of 21.8 dwelling units per acre. As part of the density
bonus request for providing 20% of the maximum base density units affordable to lower-income
households, up to two incentives or concessions may be requested (CMC Section 21.86.050) and an
unspecified number of waivers. The applicant is requesting an incentive and a concession, as well as
waivers, including an allocation of 158 dwelling units (the project will be given credit for the one existing
dwelling unit that will be demolished) from the city’s Excess Dwelling Unit Bank as part of the density
bonus request, which is discussed in Section A below.
The application was submitted prior to the effective date of Policy 84, Development Project Public
Involvement Policy, that requires enhanced stakeholder public outreach for this type of project. However,
the applicant has conducted extensive public outreach throughout the project’s processing with both the
original and current project designs. The applicant’s team met with surrounding residents, property
owners, and interested parties from approximately November 2017 through August 2020. Seven neighbor
workshops were held in 2017 and early 2018 on the project design and updates to the project. A total of
18 community workshops and meetings were held between April 2018 and December 2018, with 14 more
community meetings during 2019. The applicant also held five neighbor meetings in September and
November 2019. During the current year, a total of 11 neighbor meetings and five community meetings
have been held between January and August 2020. As noted previously, neighboring residents expressed
concerns about the original project and the applicant redesigned the project partly in response to those
concerns. Public concerns about the currently-proposed project include but are not limited to density,
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traffic, privacy, noise, parking and the loss of existing commercial businesses. The applicant has responded
to the concerns they are able to address by adding solid masonry perimeter walls and eliminating roof
decks at the end units of the townhome buildings along the southern and eastern boundaries of the
project. They are also providing on-street visitor parking on both sides of the project street that exceeds
the amount required. Other comments have been received in support of needed housing and reminding
the Planning Commission of the Housing Accountability Act requirements. Comments received from the
public have been attached to this staff report in Attachment 9.
The project requires the following discretionary actions:
• Certification of an Environmental Impact Report (EIR 2017-0001)
The project EIR constitutes the environmental review required by the California Environmental
Quality Act (CEQA) for the approval of all related discretionary applications.
• Tentative Tract Map (CT 16-07)
A Tentative Tract Map for the creation of five residential condominium lots, one commercial lot, one
affordable housing lot, three private street lots, and three recreation/open space lots, for a total of
13 lots.
• Residential Planned Development Permit (PUD 16-09)
A Planned Development Permit for the airspace subdivision of the residential development.
• Nonresidential Planned Development Permit (PUD 2018-0007)
A Planned Development Permit for separate ownership of lots and residential airspace for the
townhomes within the commercial portion of the project. In addition, this action will include
rescinding Precise Plan 20 that was adopted by the City Council in 1968 (Resolution No. 1507) for the
main existing building (the Country Store) in conjunction with a request for commercial zoning for a
portion of the property. The Precise Plan limited the variety of commercial uses on the commercial
portion of the site, and required that no less than six of those uses be active on the site at any given
time. The Precise Plan is outdated based on the current General Plan and zoning designations, and
the C-2 list of permitted and conditional uses apply like every other C-2-zoned property. Therefore,
the Precise Plan will be rescinded.
• Site Development Plan (SDP 2018-0001)
A Site Development Plan for the affordable senior housing component and the proposed townhomes
located within the General Commercial zone.
• Coastal Development Permit (CDP 16-33)
A Coastal Development Permit for the development of the proposed project that is located within the
Coastal Zone.
• Hillside Development Permit (HDP 16-02)
A Hillside Development Permit for grading of the proposed project which contains hillside conditions
that are defined as slopes greater than 15 feet in height and 15% gradient.
• Special Use Permit (16-02)
A Special Use Permit for development of the project in the Scenic Preservation Overlay with frontage
on El Camino Real that is subject to the El Camino Real Corridor Development Standards.
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The project’s discretionary applications are all within the purview of the Planning Commission per the
Carlsbad Municipal Code. However, one aspect of the project’s CDP application for deviations to grading
of steep slopes within the Coastal Zone requires action by the City Council. Therefore, per CMC Section
21.54.040, Decision-making authority for multiple development permits, all of the applications and the
certification of the EIR require City Council action. The Planning Commission’s action on the project will
be a recommendation.
III. ANALYSIS
The project is subject to the following regulations:
A. General Plan R-15 Residential and General Commercial (GC) Land Use Designations and
Density Bonus Ordinance (CMC Chapter 21.86);
B. Residential Density – Multiple (RD-M) Zone and Planned Development Ordinance (CMC
Chapters 21.24 and 21.45);
C. General Commercial (C-2) Zone, Nonresidential Planned Development Ordinance (CMC
Chapters 21.28 and 21.47) and Precise Plan 20;
D. Inclusionary Housing Ordinance (CMC Chapter 21.85);
E. Subdivision Ordinance (CMC Title 20);
F. Local Coastal Program (Mello II Segment) and Coastal Resource Protection Overlay Zone
(CMC Chapter 21.203);
G. Site Development Plan (CMC Chapters 21.28 (C-2 Zone), 21.53 (Affordable Housing) and
21.84 (Housing for Senior Citizens));
H. Scenic Preservation Overlay Zone Regulations (CMC Chapter 21.40 and the El Camino Real
Corridor Development Standards);
I. Hillside Development Regulations (CMC Chapter 21.95);
J. McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP); and
K. Growth Management Ordinance (CMC Chapter 21.90) and Local Facilities Management
Plan Zone 1.
The recommendation for approval of this project was developed by analyzing the project’s consistency
with the applicable regulations and policies. The project’s compliance with each of the above regulations
is discussed in detail in the sections below.
A. General Plan R-15 Residential and General Commercial (GC) Land Use Designations and Density
Bonus Ordinance (CMC Chapter 21.86)
The General Plan Land Use designations for the property are R-15 Residential and General Commercial
(GC). The R-15 Residential land use designation on 14.39 acres of the site allows residential development
at a density range of 8-15 dwelling units per acre (du/ac) with a Growth Management Control Point
(GMCP) of 12 du/ac. The General Commercial (GC) land use designation on 6.26 acres of the site allows
for neighborhood serving commercial uses or commercial uses that serve a broader area of the
community. The General Commercial (GC) land use designation and CMC Section 21.28.15 also allow for
mixed-use (residential uses within a commercial development). Both the General Plan and CMC Section
21.28.15 allow the residential density to be computed based on 25% of the net developable commercial
acreage.
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The applicant is requesting approval of a density bonus to increase the number of dwelling units pursuant
to CMC Chapter 21.86, the Residential Density Bonus and Incentives or Concessions ordinance. CMC
Chapter 21.86 was established to implement state law and the General Plan Housing Element’s goals,
objectives and policies, which include provisions to increase the number of housing units affordable to
lower-income households. Density bonus provisions allow units beyond the General Plan’s maximum
allowable density. Table 3 below identifies the permissible density range for the project based on the
site’s R-15 Residential and General Commercial (GC) land use designations, and also outlines the allowable
and proposed density in conjunction with the density bonus request.
TABLE 3 – PROPOSED DENSITY
Gross
Acres Net Acres
DUs
Permissible at
Minimum or
GMCP*
Density
DUs
Permissible at
General Plan
Maximum
Base Density
Allowed/
Proposed Density
Bonus units
DUs Proposed and
Project Density
(Zone Base +
Density Bonus)
GC General Commercial (Mixed-use residential density based on 25% of net acres at 15-30 du/ac)
6.26 5.73 x .25 =
1.43
22** (15
du/ac)
43 (30 du/ac) Max. 35% = 16
additional units
allowed/proposed
59 (41.3 du/ac)
R-15 Residential
14.39 12.04 145** (12
du/ac)
181 (15 du/ac) Max. 35% = 64
units allowed/
30% = 54 units
proposed
235 (19.6 du/ac)
Totals 167 224 70 294
* GC General Plan land use designation does not state a GMCP for residential uses in a commercial development,
so the minimum density is used; GMCP is used for the R-15 Residential portion.
** Density bonus law requires all calculations to be rounded up to a whole number and supersedes any city
standards that call for rounding down.
Pursuant to Table B of CMC Section 21.86.040, the applicant is providing at least 20% of the 224 base units
(45 units) affordable to “low-income” households. In return, the applicant is entitled to a 35% density
bonus increase in units. Low-income households are those whose gross income is 80% or less of the area
median income (AMI) for San Diego County as determined annually by the U.S. Department of Housing
and Urban Development. While the project could therefore include all affordable units at 80% AMI under
density bonus, the applicant also must meet the city’s inclusionary housing requirements by providing a
deeper level of affordability as discussed in Section D below. The Marja Acres project proposes 46 units
that are affordable to households earning 60% AMI or lower. The inclusionary units are required to be
affordable for a period of 55 years. The project includes nine (9) apartments for “low-income” senior
households earning 60% AMI, and 37 apartments for “very-low-income” households earning 50%
AMI. The combination of low- and very-low-income apartments is collectively defined in CMC Section
21.85.020 as “lower-income” units, a term that is used throughout this staff report.
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Density Bonus Housing Standards
Table 4 below summarizes the housing standards required for a density bonus project.
TABLE 4 – CMC SECTION 21.86.090 - DENSITY BONUS HOUSING STANDARDS
STANDARD ANALYSIS COMPLY?
A. Affordable dwelling units constructed
concurrent with market-rate dwelling units
unless both the City Council and the
applicant agree within the density bonus
housing agreement to an alternative
schedule for development.
The 46 affordable units will be built
concurrent with the market-rate units
unless an alternative schedule is
agreed upon within the density bonus
housing agreement.
Yes
B. Affordable dwelling units and density bonus
units should be built on-site (within the
boundary of the proposed development)
and, whenever reasonably possible, be
distributed throughout the project site.
The affordable units will be built on-
site within a building dedicated as an
affordable senior apartment building.
Due to the nature of the affordable
units and specific requirements
related to housing for senior citizens
discussed in Section G below, it is not
feasible to distribute the affordable
units throughout the project site. The
density bonus units are townhome
units and are distributed throughout
the project site.
Yes
C. Whenever feasible, target [affordable]
dwelling units should be located on sites
that are in proximity to, or will provide
access to, employment opportunities, urban
services, or major roads or other
transportation and commuter rail facilities
(i.e., freeways, bus lines) and that are
compatible with adjacent land uses.
The proposed project is located
adjacent to bus stops for two bus
routes that serve Carlsbad, Oceanside
and Encinitas with bus and rail
connections to the broader region.
The affordable senior apartments are
located on the same site as the
proposed specialty retail and
restaurant uses, and across El Camino
Real from the future Robertson Ranch
shopping center. The site is also within
1.7 miles of other urban services. The
proposed project is compatible with
the proposed townhomes on site and
with surrounding land uses.
Yes
D. Whenever feasible, target dwelling units
should vary in size and number of
bedrooms, in response to affordable
housing demand priorities of the city.
The affordable senior apartments
include 45 one-bedroom units and
one two-bedroom unit that range in
size from 524 to 757 square feet, and
are approved by the Housing Policy
Team in response to housing demand
priorities for seniors.
Yes
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TABLE 4 – CMC SECTION 21.86.090 - DENSITY BONUS HOUSING STANDARDS (CONTINUED)
STANDARD ANALYSIS COMPLY?
E. Density bonus projects shall comply with all
applicable development standards, except
those which may be modified as an
incentive or concession, or as otherwise
provided for in this chapter. In addition, all
units must conform to the requirements of
the applicable building and housing codes.
The design of the target dwelling units shall
be reasonably consistent or compatible with
the design of the total project development
in terms of appearance, materials and
finished quality.
With the exception of the permissible
incentives, concessions and waivers
discussed below, the project is
consistent with all applicable
development standards. Further, the
design of the affordable senior
apartment building is consistent with
the design of the overall project in
terms of architecture, massing and
articulation, materials and finished
quality.
Yes
F. No building permit shall be issued, nor any
development approval granted, for a
development which does not meet the
requirements of this chapter. No target
dwelling unit shall be rented or sold except
in accordance with this chapter.
A density bonus agreement is required
to be recorded prior to building permit
issuance. The agreement will include
details as specified pursuant to CMC
Section 21.86.130.
Yes
G. Upon the request of the applicant, the
parking ratio (inclusive of handicap and
guest parking) for a housing development
that conforms to the requirements of
Section 21.86.040(A) shall not exceed the
ratios specified in Table A or as noted,
below. If the applicant does not request the
parking ratios specified in this section or the
project does not conform to the
requirements of Chapter 21.86.040(A), the
parking standards specified in Chapter 21.44
of this code shall apply.
The applicant has not requested the
parking ratios noted under this
section, so they are not applicable.
Table A requires two parking spaces
per unit for multiple-family dwellings
with two-to-three bedrooms, with at
least one covered. All townhomes in
the project have three bedrooms and
a two-car garage. Table A requires
housing for senior citizens at a ratio of
1.5 spaces per unit plus one covered
space for a manager’s unit, and one
visitor space for every five units.
However, as discussed in Section C
below, California Government Code
Section 65915(p)(1) supersedes CMC
Chapter 21.44 parking standards, so
the project complies.
Yes
Incentives or Concessions
Pursuant to CMC Section 21.86.050(A)(3)(c) of the Density Bonus Ordinance, for a project which
designates at least 20% of the total units for lower-income households, a total of two incentives or
concessions shall be granted.
An incentive or concession may include any of the following:
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• A reduction in site development standards or a modification of zoning code or architectural design
requirements (excluding State Building Standards), that results in identifiable, financially sufficient
and actual cost reductions. A reduction/modification to standards or requirements may include, but
is not limited to, a reduction in minimum lot size, setback requirements, and/or in the ratio of
vehicular parking spaces that would otherwise be required.
• Approval of mixed-use zoning in conjunction with the housing development if: (a) commercial, office,
industrial or other land uses will reduce the cost of the housing development; and (b) the commercial,
office, industrial, or other land uses are compatible with the housing development and the existing or
planned future development in the area where the proposed project will be located.
• Other regulatory incentives or concessions that result in identifiable, financially sufficient and actual
cost reductions.
• The city council may, but is not required to, provide direct financial incentives, including the provision
of publicly owned land, or the waiver of fees or dedication requirements. The applicant is requesting the following concessions/incentives:
1. Request for excess dwelling units: Since the project proposes to construct 158 more units (credit
for one existing unit on site) than were allocated for the site during the General Plan update (and
more than are permitted at the city’s GMCP), the additional residential units must be withdrawn
from the city’s Excess Dwelling Unit Bank (EDUB). The EDUB is implemented through City Council
Policy No. 43. Pursuant to City Council Policy No. 43, an applicant for an allocation of dwelling
units shall agree to provide the number of inclusionary units as required and shall execute an
affordable housing agreement (AHA) prior to building permit issuance pursuant to CMC Sections
21.85.050 and 21.85.140, respectively. As discussed below, the proposal to construct 294 units,
including 46 inclusionary units, is consistent with the inclusionary housing requirement as set
forth in City Council Policy No. 43. The project’s consistency with City Council Policy No. 43 is
discussed later in this section. City Council Policy No. 43 identifies that the allocation of EDUB
units is an incentive as defined in CMC Section 21.86.020 and states that such allocation will result
in “identifiable, financially sufficient and actual cost reductions to the project by permitting more
dwelling units on a site than would otherwise be allowed by the underlying General Plan land use
designation.” The Policy goes on to state that permitting such density thereby reduces land costs
per dwelling unit.
2. Horizontal Mixed Use: The C-2 zone allows residential density in conjunction with commercial uses
for a mixed-use project, based on 25% of the net acreage at 15-30 du/ac. CMC Section
21.28.015(A) requires a mixed-use project to provide the residential units above the ground floor
in a multi-story commercial building with only permitted commercial uses on the ground floor
(“vertical” mixed-use project). The applicant is requesting to be able to provide “horizontal” mixed
uses instead, with 13 townhomes and the affordable senior apartments located in buildings that
are separate from the two commercial buildings. As discussed in Planning Commission Resolution
No. 7382, a concession to allow the project not to provide housing on the upper floors of a multi-
story commercial building is an appropriate concession for the requested density bonus in that it
results in cost reductions to enable the provision of housing affordable to the designated income
groups. See Attachment 8 for cost offset/reduction documentation.
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Waiver or Reduction of Development Standards
In addition to incentives or concessions, CMC Section 21.86.060 also authorizes the waiver or reduction
of development standards that would “have the effect of physically precluding the construction of a
density bonus housing development at the density or with the incentives or concessions permitted by”
CMC Chapter 21.86. There is no limit on the number of waivers or reductions of development standards
that may be granted, and the grant of a waiver or reduction shall neither increase nor decrease the
number of incentives or concessions to which the project is entitled. Waivers or reductions of
development standards shall be granted by the city unless certain findings can be made. In order to deny
the requested waivers or reductions, the city would have to make any of the following findings in writing
based upon substantial evidence:
• The standard(s) requested to be waived or reduced will not have the effect of physically precluding
the construction of a housing development at the densities or with the incentives or concessions
permitted by this chapter;
• The requested waiver or reduction of development standards would have a specific adverse impact
(a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written
public health or safety standards, policies, or conditions as they existed on the date the application
was deemed complete) upon public health and safety or the physical environment, or on any real
property that is listed in the California Register of Historical Resources, and for which there is no
feasible method to satisfactorily mitigate or avoid the specific adverse impact.
• The waiver or reduction of development standards would be contrary to state or federal law.
Staff has found no substantial evidence that any of the above findings apply in this case.
The applicant is requesting the following six (6) waivers or reductions in development standards:
1. Waiver of requirement in CMC Section 21.28.015(C)(2) for residential uses to be secondary to
primary commercial uses in the C-2 zone: The proposed project contains an appropriate mix of
commercial and residential uses within the commercial parcel relative to the market and given
the concession to not require vertical mixed-use. The senior housing is located within the
commercial parcel in order to facilitate accessible routes to retail and restaurant amenities, parks,
transit and open space. With the future development of Robertson Ranch’s larger, 15-acre
commercial pad located directly north of the project site, the market will not withstand another
commercial center on the subject property. Reducing the senior housing or the number of
townhomes within the commercial parcel to comply with this standard would physically preclude
the implementation of the proposed project at the density and with the incentives/concessions
permitted by CMC Chapter 21.86.
2. Reduction of Residential Planned Unit Development parkway width and sidewalk width standards
in CMC Section 21.45.060 (Table C, Section C.4): The project includes parkways varying in width
from 3.5 to five feet instead of 5.5 feet. Sidewalks are proposed on both sides of the private street
and vary in width from four to 4.5 feet rather than five feet. Imposing the 5.5-foot and five-foot
wide standards, respectively, would reduce the project’s developable pad area and would
physically preclude construction of the proposed project at the density and with the incentives or
concessions permitted by CMC Chapter 21.86.
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3. Waiver of Residential Planned Unit Development building setback requirement in CMC Section
21.45.080 (Table E, Section E.5): The applicant requests a waiver of the 10-foot building setback
from a private street right of way. However, the private street will include a 10-foot area between
the curb and the townhome buildings that contains a landscape parkway, meandering sidewalk
and a landscaped buffer area. Requiring the townhome buildings to be set back an additional 10
feet would reduce the developable pad area and physically preclude construction of the project
at the density and with the incentives or concessions permitted by CMC Chapter 21.86.
4. Waiver of Hillside Development Ordinance grading volume standards in CMC Section
21.95.040(D)(2): The project includes a volume of grading that is 11,972 cubic yards per acre
(cy/ac). Per CMC Section 21.95.040(D)(2), a grading volume greater than 10,000 cy/ac is
considered to be unacceptable. An important project objective to ensure compatibility of the
project with single family homes south of the project site is to preserve privacy of those homes to
the extent possible. The southerly perimeter of the project site is therefore being graded down,
and in combination with additional earthwork required to create a development pad sufficient in
size to physically accommodate the proposed project, the acceptable grading volume is being
exceeded. Further, the terraced grading design and related earthwork is needed to meet safety
standards associated with the primary private loop street which provides access to the site.
Finally, the project’s geotechnical report concludes that the site appears suitable for the proposed
development from a geotechnical engineering and geologic viewpoint. The project plans include
the required alternative grading exhibit to hypothetically show how the project would be
designed if within acceptable grading volume ranges. The exhibit shows that the number of units
would be reduced to 253 dwelling units. Application of the acceptable grading standard would
have the effect of physically precluding construction of the proposed project at the density and
with the incentives/concessions permitted by CMC Chapter 21.86.
5. Waiver of Hillside Development Ordinance maximum vertical retaining wall height standard in
CMC Section 21.95.140(C)(1): The applicant requests a waiver of the specific limitation to a
maximum of six vertical feet for retaining walls. Due to the unique topography of the project site,
the project includes fewer but taller retaining walls. The majority of these walls are not visible
from the public right of way. Compliance with the maximum six-foot retaining wall height
standard would result in numerous terraced walls, which in turn would reduce the total
developable residential pad area and physically preclude construction of the proposed project at
the density and with the incentives/concessions permitted by CMC Chapter 21.86.
6. Waiver of standards relating to maximum cut and fill within the El Camino Real Corridor
Development Standards Section IV(B): The El Camino Real Corridor Development Standards state
that the maximum cut or fill depth or height within the applicable Corridor area should not exceed
10 feet. Grading with cuts or fills exceeding 10 feet are necessary to implement the project
objective related to preservation of privacy for the existing homeowners to the south of the
project site. Furthermore, a waiver of this standard is necessary to implement the proposed
grading design that reduces the height and visibility of manufactured slopes along El Camino Real
and allows the project to meet safety standards for ingress and egress (road gradient) onto the
property. Application of the 10-foot cut and fill standard would also reduce the developable pad
area and would physically preclude construction of the proposed project at the density and with
the incentives/concessions permitted by CMC Chapter 21.86.
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Summary of General Plan Compliance
The following Table 5 describes how the proposed project is consistent with the various elements of the
Carlsbad General Plan.
TABLE 5 – GENERAL PLAN COMPLIANCE
ELEMENT USE, CLASSIFICATION, GOAL,
OBJECTIVE, OR PROGRAM
PROPOSED USES &
IMPROVEMENTS COMPLY?
Land Use &
Community
Design
Goal 2-G.1
Maintain a land use
program with amount,
design and arrangement of
varied uses that serve to
protect and enhance the
character and image of the
city as expressed in the
Carlsbad Community Vision,
and balance development
with preservation and
enhancement of open
space.
The General Plan designates the site
for multi-family residential and
commercial development. The
proposed project will provide
additional for-sale housing and
affordable senior apartment
opportunities, as well as
neighborhood serving commercial
uses similar in scale to the
commercial uses currently existing
on the site. The project integrates
the proposed uses with the existing
community by encouraging social
interaction through the provision of
recreational and open space needs
of project residents and connection
to the existing pedestrian
circulation system along El Camino
Real.
Yes
Yes
Goal 2-G.2
Promote a diversity of
compatible land uses
throughout the city, to
enable people to live close
to job locations, adequate
and convenient commercial
services, and public support
systems such as transit,
parks, schools, and utilities.
The project will provide a diversity
of compatible land uses and a
variety of product types that will
appeal to a wide cross-section of
residents, including 248 for-sale
townhomes close to job locations
and schools, and 46 affordable
senior apartments close to the
project’s and nearby commercial
services. The project includes on-
site recreation and urban garden
amenities. The project design
provides all required parking and
excess visitor parking, but also has
convenient access to public transit
via NCTD Routes 309 and 323 along
the El Camino Real corridor that
serve Carlsbad, Oceanside and
Encinitas with bus and rail
connections to the broader region.
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ELEMENT USE, CLASSIFICATION, GOAL,
OBJECTIVE, OR PROGRAM
PROPOSED USES &
IMPROVEMENTS COMPLY?
Goal 2-G.3
Promote infill development
that makes efficient use of
limited land supply, while
ensuring compatibility and
integration with existing
uses. Ensure that infill
properties develop with
uses and development
intensities supporting a
cohesive development
pattern.
The project site is surrounded by
existing development on all sides,
and is not located within a proposed
preserve area identified in the City’s
HMP. The project would provide the
project’s residents and nearby
residential areas with access to
neighborhood-serving commercial
uses, and provide workforce
housing to support nearby
employment centers. The project
does not request additional building
height and has been designed to
lower grades to ensure
compatibility with existing adjacent
single-family neighborhoods.
Yes
Yes
Yes
Yes
Goal 2-G.4
Provide balanced
neighborhoods with a
variety of housing types
and density ranges to meet
the diverse demographic,
economic and social needs
of residents, while ensuring
a cohesive urban form with
careful regard for
compatibility.
The project helps to provide a
variety of housing types and density
ranges to meet diverse
demographic and economic needs
of the city’s residents. The project is
intended to provide needed
workforce housing for nearby
employment, and affordable
housing for seniors. The project
does not propose additional
building height and has been
designed to lower the grade to help
ensure the mass and scale of the
proposed townhomes are
compatible with the adjacent single-
family neighborhoods.
Goal 2-G.6
Allow a range of mixed-use
centers in strategic
locations that maximize
access to commercial
services from transit and
residential areas.
Goal 2-G.7
Ensure that neighborhood
serving shopping and
mixed-use centers include
shopping as a pedestrian-
oriented focus for the
Two regional and local serving bus
transit service lines (Routes 309 and
323) along El Camino Real will
provide connectivity between the
project site and employment and
community facilities outside the
project site. Existing southbound
and westbound transit stops are
located on both sides of El Camino
Real at Kelly Drive, with an
additional southbound stop at Lisa
Drive. Regional pedestrian and
biking trails on existing roadways
provide access to adjacent
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ELEMENT USE, CLASSIFICATION, GOAL,
OBJECTIVE, OR PROGRAM
PROPOSED USES &
IMPROVEMENTS COMPLY?
surrounding neighborhood,
are physically integrated
with the surroundings, and
contain neighborhood-
serving stores and small
offices. Where appropriate,
include in the centers high
and medium density
housing surrounding the
retail core or integrated in
mixed-use buildings.
neighborhoods, community facilities
and commercial uses.
The proposed mixed-use
development includes small-scale
specialty retail and restaurant uses
integrated with the surrounding
higher density townhomes and
affordable senior apartments that
are connected via proposed
sidewalks and the private street.
Yes
Yes
Policy 2-P.8
Do not permit residential
development to exceed the
applicable Growth
Management Control Point
(GMCP) density unless the
following findings are
made: a. The project
qualifies for and will receive
an allocation of “excess”
dwelling units, pursuant to
City Council Policy No. 43.
b. There have been
sufficient residential
projects approved at
densities below the GMCP
so the citywide and
quadrant dwelling unit
limits will not be exceeded
as a result of the proposed
project. c. All necessary
public facilities required by
the Citywide Facilities and
Improvements Plan will be
constructed, or are
guaranteed to be
constructed, concurrently
with the need for them
created by this
development and in
compliance with adopted
city standards.
The proposed 294-unit residential
and mixed-use project qualifies for
an allocation of excess dwelling
units pursuant to City Council Policy
No. 43 since the project includes the
affordable housing units required by
CMC Chapters 21.85 and 21.86 and
the project is conditioned to
execute affordable housing and
density bonus housing agreements.
There are currently excess dwelling
units available in the Northwest
Quadrant as a result of residential
projects approved at densities
below the GMCP. All necessary
public facilities required by the
Citywide Facilities and
Improvements Plan will be
constructed, or are guaranteed to
be constructed, concurrently with
the need for them created by this
development and in compliance
with adopted city standards.
Policy 2-P.9
Incentivize development of
The proposed 294-unit residential
and mixed-use project includes 46
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ELEMENT USE, CLASSIFICATION, GOAL,
OBJECTIVE, OR PROGRAM
PROPOSED USES &
IMPROVEMENTS COMPLY?
lower-income affordable
housing by allowing
residential development
above the GMCP and
maximum densities
permitted by the General
Plan, subject to the findings
specified in 2-P.8, above,
and an evaluation of the
following: (a) the proposal’s
compatibility with adjacent
land uses, and (b) the
project site’s proximity to a
minimum of one of the
following: freeway or major
street; commercial center;
employment opportunities;
city park or open space; or
commuter rail or transit
center.
affordable units which will be
rented to low- and very-low-income
households. The project has been
designed with lowered grades to
reduce the massing of the three-
story townhome buildings so as to
be compatible with adjacent single-
family residential land uses. The
project site is located on a major
street, El Camino Real; is located
across the street from a future
shopping center; is adjacent to east-
and westbound bus stops for two
NCTD bus routes; and provides
workforce housing within two to
four miles of major employment
opportunities in Carlsbad’s business
and industrial parks.
Mobility Goal 3-G.3
Provide inviting streetscapes that
encourage walking and promote
livable streets.
The proposed project will maintain
an existing sidewalk along El Camino
Real, and will provide continuous
connected sidewalks and pathways
throughout the project, which will
provide pedestrian access to and
from the project. Bike lanes already
exist on El Camino Real.
Yes
Yes
Yes
Policy 3-P.5
Require developers to construct or
pay their fair share toward
improvements for all travel modes
consistent with the Mobility
Element, the Growth Management
Plan, and specific impacts
associated with their
development.
The proposed project has been
designed to meet applicable
circulation requirements, which
include two street entries from El
Camino Real that will each provide
deceleration lanes. In addition, the
applicant will be required to pay
traffic impact fees prior to issuance
of building permits that will go
towards future road improvements.
Policy 3-P.9
To exempt the vehicle mode of
travel from the LOS standard at a
particular street intersection or
segment, the intersection or street
segment must be identified as
built-out by the City Council
because:
The project’s Local Mobility Analysis
indicates that existing southbound
El Camino Real from Tamarack
Avenue to Cannon Road in the
morning peak hour does not
achieve the LOS D standard. The
city’s GMP circulation monitoring
for fiscal year 2018-19 also notes
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ELEMENT USE, CLASSIFICATION, GOAL,
OBJECTIVE, OR PROGRAM
PROPOSED USES &
IMPROVEMENTS COMPLY?
a. acquiring the rights of way is not
feasible; or
b. the proposed improvements
would significantly impact the
environment in an unacceptable
way and mitigation would not
contribute to the nine core values
of the Carlsbad Community Vision;
or
c. the proposed improvements
would result in unacceptable
impacts to other community
values or General Plan policies; or
d. the proposed improvements
would require more than three
through travel lanes in each
direction.
the same deficiency. The GMP
monitoring report is in the process
of being presented to the Traffic
and Mobility Commission for a
recommendation to the City
Council. The Traffic and Mobility
Commission and City Council are
tentatively scheduled to take up the
matter in October 2020. El Camino
Real between Tamarack Avenue and
Cannon Road was widened and
improved through the development
of Robertson Ranch and a city
Capital Improvement Project. This
segment has been widened to three
through travel lanes in each
direction and so is built out to its
ultimate design. Therefore, the
segment meets the criteria for the
City Council to exempt this segment
from the LOS standard per this
Policy. However, because the City
Council has not yet had the
opportunity to consider or act on
exempting the facility at this time,
the applicant will be requesting the
City Council to do so when they
consider the project.
Yes Policy 3-P.11
Require new development that
adds vehicle traffic to street facili-
ties that are exempt from the
vehicle LOS standard (consistent
with 3-P.9) to implement:
a. Transportation demand
management strategies that
reduce the reliance on single-
occupant automobile and assist in
achieving the city’s livable streets
vision.
b. Transportation system
management strategies that
improve traffic signal coordination
and improve transit service.
The project will add vehicle traffic to
El Camino Real. In the event
southbound El Camino Real
between Tamarack Avenue and
Cannon Road is exempted from the
LOS standard; the project will
comply with this policy because it is
conditioned to implement
transportation demand
management and transportation
system management strategies.
Open Space,
Conservation
Goal 4-G.3 There are no wildlife habitats or
rare, threatened or endangered
Yes
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ELEMENT USE, CLASSIFICATION, GOAL,
OBJECTIVE, OR PROGRAM
PROPOSED USES &
IMPROVEMENTS COMPLY?
and
Recreation
Protect environmentally sensitive
lands, wildlife habitats, and rare,
threatened or endangered plant
and animal communities.
plant or animal communities
present on the project site. There is
a potential non-wetland waters of
the US (an existing man-made
drainage swale) that may require
regional, state or federal agency
permits. The project also has the
potential to affect nesting birds.
Mitigation measures will address
these potential impacts.
Yes
Yes
Goal 4-G.13
Protect air quality within the city
and support efforts for enhanced
regional air quality.
The project implements and is
consistent with measures identified
in the Climate Action Plan (CAP)
through the provision of renewable
energy generation (photovoltaic
systems), energy conservation
(Green Building Code), and by
accommodating Zero-Emission
vehicles and other greenhouse gas
reduction measures and features.
The project will also be subject to
CAP ordinances that are in effect at
the time building permits are
issued.
Policy 4-P.1
Maintain an integrated open space
classification system that
accommodates conservation,
resource production, recreation,
and aesthetic needs.
The project is not required to build
a park or provide public open space.
However, the project exceeds the
active and passive recreational
areas required by CMC Chapter
21.45, Planned Developments, and
CMC Chapter 21.84, Housing for
Senior Citizens. The project’s
residential component provides
eight on-site neighborhood
recreation areas totaling
approximately 1.2 acres spread
throughout the site. The tables in
Attachment 3 explain how the
project meets the requirements of
CMC Section 21.45.060 for common
recreational space for the
residential portion of the project.
The commercial portion of the
project site also provides the
required passive common
recreational area. Per CMC Section
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21.84.060, the senior apartment
building is required to provide a
minimum of 920 SF of passive
common recreation space. A total of
3,710 SF of passive recreation is
provided, including an urban
farm/community garden, seating,
pathway and rose garden.
Noise Goal 5-G.1
Protect public health and welfare
by eliminating existing noise
problems where feasible,
maintaining an acceptable indoor
and outdoor acoustic
environment, and preventing
significant degradation of the
acoustic environment.
Goal 5-G.2
Ensure that new development is
compatible with the noise
environment, by continuing to use
potential noise exposure as a
criterion in land use planning.
The primary noise source associated
with the proposed project will be
from traffic along El Camino Real.
According to the project’s noise
study prepared by Dudek,
December 2018, with an update
memorandum dated August 7,
2019, the project will require the
installation of noise barriers at
usable outdoor patio, balcony areas
or rooftop decks of townhomes
with a direct, unobstructed view of
El Camino Real. The study also
identified potential noise impacts
associated with HVAC equipment on
the existing residential units that
are directly adjacent to the project.
An acoustical report is required
prior to the issuance of building
permits to ensure that proposed
HVAC or other mechanical
equipment will not exceed relevant
noise standards at the property line
of existing adjacent residences. The
study had identified that rooftop
decks on two units (units 222L and
223L) would require noise barriers,
but the rooftop decks on these units
have been eliminated. Lastly, the
project will maintain an acceptable
indoor acoustic environment by
requiring an interior noise analysis
to determine if sound-rated
windows are required in cases
where the project’s residential
interior noise levels would exceed
the 45 CNEL interior standard.
Yes
Yes
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OBJECTIVE, OR PROGRAM
PROPOSED USES &
IMPROVEMENTS COMPLY?
Policy 5-P.6
Discourage the use of berms and
sound walls for noise mitigation;
rather, encourage the use of
project design techniques such as
increasing the distance between
the noise source and the noise
sensitive receiver and use non-
noise sensitive structures (e.g., a
garage) to shield noise sensitive
areas. If a berm or wall is
determined necessary to mitigate
noise, discourage exclusive use of
walls in excess of six feet in height
and encourage use of natural
barriers such as site topography or
constructed earthen berms. When
walls are determined to be the
only feasible solution to noise
mitigation, then the walls shall be
designed to limit aesthetic
impacts. When walls over six feet
in height are necessary to mitigate
noise, a berm/wall combination
with heavy landscaping, a terraced
wall heavily landscaped, or other
similar innovative wall design
technique shall be used to
minimize visual impacts.
Proposed site topography is being
used to limit impacts from noise by
grading down the pad level of the
townhome buildings along the
southern perimeter, so the building
pads are significantly lower than the
pads of the existing adjacent
residences. The project’s noise
study prepared by Dudek,
December 2018, with an update
memorandum dated August 7,
2019, indicates that there are no
noise impacts on adjacent existing
residential areas that require a
sound wall. The noise study did not
identify any noise impacts from the
use of roof decks except for decks
on two units at the southwest
corner, which have since been
removed from the project plans.
Moreover, the originally proposed
rooftop decks on the last two units
of each townhome building along
the southern perimeter have also
been removed from the plans.
Yes
Yes Policy 5-P.16
Require new nonresidential
development to comply with the
noise compatibility criteria in the
ALUCP. Require dedication of
avigation easements for new
developments designated as
conditionally compatible for noise
in the ALUCP, and which are
located within the 65 dB CNEL
noise contour as mapped on
Figure 5-4: Airport Noise
Compatibility Policy Map.
The project site is located within the
Airport Overflight Notification Area
(Review Area 2) of the Airport
Influence Area for McClellan-
Palomar Airport. Residential
properties located in an overflight
notification area may be subject to
some of the annoyances or
inconveniences associated with
their proximity to the airport and
aircraft operations. The ALUCP
requires that all new residential
projects located within the
overflight notification area be
required to record a notice
informing buyers that the property
is subject to overflight, sound or
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odors of aircraft operating from
McClellan-Palomar Airport. The
project site is not subject to an
avigation easement, or any other
policies or requirements of the
ALUCP.
Public Safety Goal 6-G.1
Minimize injury, loss of life, and
damage to property resulting from
fire, flood, hazardous material
release, or seismic disasters.
The project site is not located within
a 100-year flood plain. The
proposed project does not involve
the routine use and storage of
hazardous materials and hazardous
waste. The Phase I environmental
assessment found no toxic
substances in the soil from past
agricultural use of the site.
According to maps produced by the
State, the project site has moderate
to high threat from wildfires. The
city has adopted the City of Carlsbad
Emergency Plan, which addresses
the city’s planned response to
extraordinary emergency situations
including wildfires. The Plan
identifies certain open space areas
and public buildings to serve as
emergency shelters when residents
must be relocated. A Conceptual
Fire Protection Plan will be required
for any areas that interface with
open space, and specific Fire
Policies and Fire Protection
Requirements will be required for
site plan and landscaping plan
review and approval by the Fire
Department. The proposed
structural improvements are
required to be designed in
conformance with all seismic design
standards.
Yes
Yes
Yes
Goal 6-G.2
Minimize safety hazards related to
aircraft operations in areas around
the McClellan-Palomar Airport.
The proposed project is not located
within a safety zone, airspace
protection area or noise contour of
the ALUCP.
Goal 6-G.4
Maintain safety services that are
responsive to citizens’ needs to
The proposed project would provide
fire hydrants and supporting water
infrastructure in accordance with
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ensure a safe and secure
environment for people and
property in the community.
fire marshal requirements. Dwelling
units proposed by the project would
be within the 5-minute response
time as required by the Growth
Management Plan.
Yes
Yes
Yes
Policy 6-P.6
Enforce the requirements of Titles
18, 20, and 21 pertaining to
drainage and flood control when
reviewing applications for building
permits and subdivisions.
The project has been conditioned to
develop and implement a program
of “best management practices” for
the elimination and reduction of
pollutants which enter into and/or
are transported within storm
drainage facilities.
Policy 6-P.34
Enforce the Uniform Building and
Fire codes, adopted by the city, to
provide fire protection standards
for all existing and proposed
structures.
The project is required to comply
with all Building and Fire codes to
ensure that fire protection
standards are met by the proposed
structures.
Policy 6-P.39
Ensure all new development
complies with all applicable
regulations regarding the
provision of public utilities and
facilities.
The project is required to construct
or pay applicable fees for necessary
improvements, public utilities and
facilities in accordance with Growth
Management requirements. Fire
Station No. 3 is located 0.7 miles
away from the project site and is
well within emergency response
timeframes. The project will not
impact the city’s ability to
implement its Emergency
Operations Plan.
Sustainability Policy 9-P.1
Enforce the Climate Action Plan
(CAP) as the city’s strategy to
reduce greenhouse gas emissions.
The project implements and is
consistent with measures identified
in the Climate Action Plan (CAP)
through the provision of renewable
energy generation (photovoltaic
systems), energy conservation
(Green Building Code), and by
accommodating Zero-Emission
vehicles and other greenhouse gas
reduction measures and features.
The project will also be subject to
CAP ordinances that are in effect at
the time building permits are
issued.
Yes
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Housing Goal 10-G.3
Sufficient new, affordable housing
opportunities in all quadrants of
the city to meet the needs of
current lower and moderate
income households and those with
special needs, and a fair share
proportion of future lower and
moderate income households.
Per CMC Section 21.85.030, a
project is required to provide 15%
of the total units as affordable units.
Through the General Plan Update
the city required this site to provide
additional affordable housing
(minimum of 20% of the total
housing units on the site affordable
to low income households, or 15%
affordable to very-low-income
households that earn 50% of the
area median income (AMI).
Yes
Yes
Yes
Policy 10-P.15
Pursuant to the Inclusionary
Housing Ordinance, require
affordability for lower income
households of a minimum 15
percent of all residential
ownership and qualifying rental
projects. For projects that are
required to include 10 or more
units affordable to lower income
households, at least 10 percent of
the lower income units should
have three or more bedrooms
(lower income senior housing
projects are exempt).
The project proposes to meet the
15% requirement by providing 44
senior apartments affordable to
lower income households earning
50% and 60% AMI, plus two
additional senior apartments at 60%
AMI instead of market rate, for a
total of 46 affordable units. The
project is requesting an allocation of
158 dwelling units (credit is given
for one existing unit on site) from
the EDUB. The proposed project
would provide a diversity of housing
and will contribute toward
achieving the city’s Regional
Housing Needs. The affordable
housing component proposes 46
units that will provide age-restricted
rental housing opportunities for
lower income households.
Policy 10-P.18
Adhere to City Council Policy
Statement 43 when considering
allocation of “excess dwelling
units” for the purpose of allowing
development to exceed the
Growth Management Control
Point (GMCP) density, as discussed
in Section 10.3 (Resources
Available). With limited
exceptions, the allocation of
excess dwelling units will require
provision of housing affordable to
lower income households.
In approving a request for an
allocation of excess dwelling units,
the project shall meet the findings
identified in City Council Policy No.
43. Specifically, the project location
and density shall be found to be
compatible with adjacent land uses
and the project is consistent with
the General Plan and any other
applicable planning document. As
discussed in this staff report and in
the attached Planning Commission
Resolution No. 7382, the proposed
project meets these findings.
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Policy 10-P.19
Address the unmet housing needs
of the community through new
development and housing that is
set aside for lower and moderate-
income households consistent
with priorities set by the Housing
and Neighborhood Services
Division, in collaboration with the
Planning Division, as set forth in
the city’s Consolidated Plan.
The city currently has a
jobs/housing ratio where there are
more jobs than housing. The
project will develop a residential
and mixed-use project on a
developed commercial parcel and
an underutilized multi-family
residential parcel. The project will
replace the existing single-family
home with 235 workforce
townhomes on the multi-family
parcel, and replace existing specialty
retail and restaurant uses with a
new mixed-use development
including similar commercial uses,
13 additional townhomes and 46
senior affordable apartments. The
project expands the city’s affordable
housing stock to assist in meeting its
Regional Housing Needs Assessment
and provides an adequate number
of housing units to meet the needs
of lower income senior households.
Yes
Yes Policy 10-P.21
Ensure that incentive programs,
such as density bonus programs
and new development programs
are compatible and consistent
with the city’s Growth
Management Plan.
The city’s density bonus program is
implemented consistent with state
law and with the city’s Growth
Management Plan. The density
bonus project is consistent with the
city’s Growth Management Plan,
and is taking advantage of density
bonus incentives/concessions, and
waivers/ reductions in development
standards consistent with the
policies of the Housing Element.
B. Residential Density – Multiple (RD-M) Zone and Planned Development Ordinance (CMC Chapters
21.24 and 21.45)
The residential portion of the proposed project is required to comply with all applicable use and
development standards of the Carlsbad Municipal Code (CMC) including the Residential Density – Multiple
(RD-M) Zone (CMC Chapter 21.24) and the requirements of the Planned Development Ordinance (CMC
Chapter 21.45). The residential portion of the project meets or exceeds the requirements of the RD-M
Zone, as outlined in Table 6 below. Development standards that are required or superseded by CMC
Chapter 21.45 as well as City Council Policy No. 66, Livable Neighborhoods, are addressed in the
compliance tables included as Attachment 3, PD Compliance Tables C, E and City Council Policy 66, of this
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staff report. Standards noted in the table below or the attached compliance tables that are subject to
density bonus incentives or waivers per CMC Chapter 21.86 are discussed in Section A above.
TABLE 6 – RD-M ZONE COMPLIANCE
RD-M STANDARDS REQUIRED PROPOSED COMPLY?
Setbacks Front (El Camino Real):
20’ or 10’ provided carport or garage
openings do not face onto the front yard
and the remaining front yard is
landscaped
Interior Side: 5’
Rear: 10’
Front:
*50’
Interior Sides: 14’/85’
Rear: 21’
Yes
Lot Area 10,000 SF minimum 40,824 SF Yes
Lot Coverage 60% maximum 29.8% Yes
Lot Width 60’ minimum 110’ Yes
Building Height 35’ plus allowed protrusions per CMC
Section 21.46.020
Small townhome
buildings: 35’
Large townhome
buildings: 32’-6” with
allowed protrusions to
42’-6”
Yes
* The project is subject to increased setbacks along El Camino Real by CMC Chapter 21.45, in addition to the El
Camino Real Corridor standards discussed in Section I below.
As detailed in the PD compliance tables, the proposed residential portion of the project is consistent with
the parking requirements of CMC Chapter 21.45, as summarized in Table 7 below.
TABLE 7 – PARKING ANALYSIS
USE Ratio REQUIRED PROPOSED COMPLY?
Multi-family
townhome
condominiums
Two+
bedrooms:
2 spaces/unit,
50% covered
Two+ bedrooms: 235
units = 470 spaces,
minimum 235 covered
235 two-car garages = 470
spaces, 470 enclosed
Yes
Visitor spaces
0.25/unit,
covered or
uncovered,
may be parallel
spaces on
private street
235 units: 59 visitor
spaces
101 uncovered, parallel
spaces on private street
Yes
TOTAL REQUIRED: 529 PROPOSED: 571 Yes
For a property located in the RD-M zone that is adjacent to a One-Family Residential (R-1) zone, CMC
Section 21.24.140, Special conditions for certain lots, establishes authority for the decision-maker to
impose special conditions or requirements with approvals for site development plans, planned
development permits or subdivisions, that include but are not limited to provisions for special setbacks or
open space, special building height and bulk regulations, landscaping, special grading restrictions,
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compatibility with surrounding properties and land uses or other conditions if deemed necessary to
ensure conformity with the General Plan and other adopted policies, goals or objectives of the city. The
intent of these provisions is to enhance compatibility between a higher-density multi-family project and
an adjacent single-family residential zone.
As indicated in the tables above, in the attached PD compliance and Policy 66 tables, and elsewhere in
this staff report and the resolution findings, the project includes many features and conditions that
address the compatibility items noted above. These features and conditions include increased setbacks
from property lines, increased common open space areas, a solid masonry perimeter wall instead of a
fence, significant grading of the higher portions of the site to lower the pad elevations and reduce bulk
and massing, additional screening trees along the southerly perimeter, two points of ingress and egress
to El Camino Real and no connections to the adjacent residential neighborhoods, removal of roof decks
on many of the townhome units with CC&R restrictions on use of the roof decks, and over 70% additional
visitor parking spaces. Staff does not recommend any additional special measures or conditions for the
project.
C. General Commercial (C-2) Zone and Nonresidential Planned Development Ordinance (CMC
Chapters 21.28 and 21.47)
The commercial portion of the proposed project is required to comply with all applicable use and
development standards of the General Commercial Zone (CMC Chapter 21.28) and the requirements of
the Nonresidential Planned Development Ordinance (CMC Chapter 21.47). CMC Chapter 21.28 contains
provisions to allow residential uses, which are discussed within this section along with senior housing
standards pursuant to CMC Chapter 21.84. A previously approved Precise Plan that limited the number of
commercial uses on a portion of the existing site will be rescinded as part of the project.
Commercial Uses
The specialty retail/restaurant buildings within the commercial portion of the project meet or exceed
the requirements of the C-2 Zone, as outlined in Table 8 below.
TABLE 8 – C-2 ZONE COMPLIANCE
C-2 STANDARDS REQUIRED PROPOSED COMPLY?
Setbacks Front (El Camino Real): Zero
Interior Side: Zero
Rear: Zero, except 10’ when abutting any
residential zone
Front: *25’ minimum
Interior Side: 9’ minimum
Rear: 29’ minimum
abutting RD-M residential
zone
Yes
Building Height 35’ plus allowed protrusions per CMC
Section 21.46.020
Commercial buildings:
28’-6” maximum
Yes
Parking (per CMC
Section 21.44 for
commercial uses)
Retail: 1/300 SF = 20 spaces
Restaurant: 40 spaces plus 1 space/50
square feet over 4,000 square feet = 40
spaces
Total: 60 spaces
60 spaces Yes
* The project is subject to increased setbacks along El Camino Real by the El Camino Real Corridor standards
discussed in Section H below.
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Residential Uses within C-2 Zone
CMC Section 21.28.015 contains provisions to allow for mixed-use (residential use in combination with
commercial use) developments within the C-2 zone subject to a SDP. The senior housing component is
also subject to standards of CMC Chapter 21.84. The project’s compliance with the requirements of CMC
Section 21.28.015 and CMC Section 21.84.060 is outlined in Tables 9 and 10 below, respectively. The SDP
findings for approval are discussed in Section G below.
TABLE 9 – RESIDENTIAL WITHIN C-2 ZONE COMPLIANCE
STANDARD REQUIRED PROPOSED COMPLY?
Location Above the ground floor of a multi-storied
commercial building with one or more of
the nonresidential uses permitted by
CMC Section 21.28.010 located on the
ground floor (aka “vertical mixed-use”)
Single story commercial
buildings with permitted
uses; separate residential
buildings (aka “horizontal
mixed use”)
Yes** -
Proposed
Density
Bonus
Concession
Setbacks
Front (El Camino Real): Zero
Interior Side: Zero
Rear: Zero
Front: *40’
Interior Side: 21’-3”
Rear: 14’-7”
Yes
Building Height 35’ plus allowed protrusions per CMC
Section 21.46.020
Townhome buildings:
32’-6” with allowed
protrusions to 42’-6”
Senior Apartment
building: 35’ with allowed
protrusions to 37’
Yes
Parking Townhomes:
Two+ bedrooms:
2 spaces/unit, 50% covered = 26 spaces,
13 covered
**Senior Apartments:
≤ One bedroom: 1 space/unit = 45 spaces
2-3 bedrooms: 2 spaces/unit = 2 spaces
Total: 47 spaces, uncovered
- Off-site required parking spaces,
nearest located within 150 feet of
building
- Zero visitor parking spaces
13 two-car garages = 26
spaces, 100%
covered/enclosed
Total: 47 spaces, 80%
covered
- 38 spaces on-site,
covered
- 9 spaces on street,
nearest located within
150 feet
- 9 on-street visitor
spaces
Yes
Density Minimum 15, maximum 30 du/ac based
on 25% of developable acre = 22-43
units**
59 units** Yes**
Density in excess
of minimum
Residential uses shall be secondary and
accessory to the primary commercial use
of the site. Compliance with this
provision shall be evaluated as part of
the site development plan.
59 units is not secondary
and accessory to 10,000
square feet of
commercial uses.
Yes** –
Proposed
Density
Bonus
waiver of
standard
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* The project is subject to increased setbacks along El Camino Real by the El Camino Real Corridor standards
discussed in Section H below.
** Density bonus law applies to the entire project. See detailed calculations and discussion of density in Section A
above. Applicant proposes parking requirements for senior apartments per Density Bonus Law, California
Government Code Section 65915(p)(1), which supersedes CMC Chapter 21.44 requirements for 69 spaces (1.5
spaces per unit, plus one (1) for manager’s unit), and 10 visitor spaces (one (1) space per every five (5) units).
TABLE 10 – HOUSING FOR SENIOR CITIZENS COMPLIANCE
STANDARD REQUIRED PROPOSED COMPLY?
Parking Comply with CMC Chapter 21.44 or GC
Section 65915.
See Table 9 above. Yes
Architecture
Provide architectural harmony, through
the use of appropriate building height,
materials, bulk and scale within the
development and within the existing
neighborhood and community. Buildings
shall be finished on all side with similar
roof and wall materials, colors and
architectural features.
The senior apartment
building is located near El
Camino Real and provides
harmony in height, bulk
and scale with the rest of
the project and is
compatible with its
surroundings. Materials,
finishes and features are
carried around all sides of
the building.
Yes
Laundry Facilities One washer and one dryer for every 25
dwelling units = Two of each for the 46
proposed units.
A laundry room with two
washers and two dryers is
provided on the ground
floor.
Yes
Manager’s Unit One manager’s unit shall be provided. The project provides one
manager’s unit P2A as
shown on the ground
floor plan.
Yes
Common Room
and Common
Open Space
A minimum of one common room shall
be provided for social interaction (on
ground floor if no elevators). Overall
common open space of 20 SF per unit
minimum = 820 SF of common open
space required.
One ground floor 626 SF
common room includes a
communal kitchen.
Elevators are provided.
Outdoor common open
space totals 3,710 SF.
Yes
Services &
Programs
Physical and social services and programs
are encouraged, but not required.
The project intends to
provide services and
programs that may
include but are not
limited to social and
recreational programs,
continuing education and
information services,
community gardening,
landscape and building
maintenance, etc.
Yes
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TABLE 10 – HOUSING FOR SENIOR CITIZENS COMPLIANCE (CONTINUED)
Access Access to all common areas and housing
units provided by means of an elevator
or sloped walking ramps.
Two elevators provide
access to all three levels.
Yes
Additional Design
Criteria
Walkways and hallways must be wide
enough to accommodate a wheelchair.
All entryways, walkways
and hallways in the
common areas, and
doorways and paths of
access to and within the
housing units, will be
constructed as wide as
required by current laws
applicable to new
multifamily housing
construction for provision
of access to persons using
a wheelchair.
Yes
Additional Design
Criteria
(continued)
Trash collection areas and containers
shall be provided in an easily accessible
location; shall be completely screened
and inconspicuously located; and shall be
constructed of similar colors and
materials as the main building.
The project provides trash
collection containers in
an easily accessible
location and in a manner
requiring minimal
physical exertion by
residents. Trash
collection containers will
be completely screened
and located at
inconspicuous locations.
Trash enclosure facilities
will be constructed of
similar materials and
colors as the main
building.
Yes
Yes Tubs and/or showers shall be equipped
with at least one grab bar, temperature
regulating devices; and slip resistant
bottom surfaces; and peepholes shall be
installed in entry doors. To the greatest
extent practicable, housing for senior
citizens should also be designed to
implement the principals of universal
design which encourage accessible and
adaptable features for the disabled or
mobility impaired.
The project has been
conditioned accordingly.
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Precise Plan 20 (Resolution No. 1507)
A portion of the existing commercial site is currently under the provisions of Precise Plan 20 (Resolution
No. 1507) adopted by the City Council on March 19, 1968. The Precise Plan specified a shortlist of
commercial uses allowed at the building formerly known as the Country Store, and required no less than
six (6) of the uses to occupy the site at any one time. The uses included neighborhood commercial uses
such as bakeries, barber shops, florists, groceries and local produce, antiques, liquor stores, restaurants,
shoes, tailors, ceramics, and sporting goods, etc. While the site has been able to comply with these
requirements over the years, the Precise Plan is outdated. Moreover, the proposed project includes two
commercial buildings, one intended for a restaurant and the other for specialty retail, which would not
provide the Precise Plan’s minimum of six uses. Staff’s position is that the C-2 zone list of permitted and
conditional uses should regulate the site, and Precise Plan 20 will be rescinded with approval of the project
per Resolution No. 7382.
D. Inclusionary Housing
The Inclusionary Housing regulations, specifically CMC Chapter 21.85, shall apply to any new construction
of rental units where the developer receives offsets or any incentives of the type specified in the density
bonus law pursuant to the provisions of CMC Chapter 21.86 and the developer agrees by contract to limit
rents for below market-rate rental units. Pursuant to CMC Section 21.85.030, the standard requirement
is that not less than 15% of the total units approved shall be constructed and restricted both as to
occupancy and affordability to lower-income households earning 80% or below the San Diego County Area
Median Income (AMI). However, with the land use changes that occurred for specific sites through the
General Plan update, the City Council determined it is appropriate to increase the affordable requirement
to 20% instead of 15% for residential development on those sites. Therefore, with the General Plan update
change to the site’s land uses, any development project on the Marja Acres site is required to provide 20%
inclusionary housing units affordable to households earning 80% AMI, or one of two options specified in
Resolution No. 7114.
To satisfy the inclusionary housing requirement, the applicant proposes the equivalent of meeting
Resolution No. 7114’s option to provide 15% of the total units affordable to senior households earning
50% AMI. Under this option, a total of 44 affordable units would be required. The project is providing 46
senior affordable units or 15.6% of the project’s total units. The affordable units include 37 of the required
units provided at 50% AMI and seven (7) of the required units at 60% AMI. The project includes an
additional two (2) apartments at 60% AMI that could otherwise be market-rate apartments, for the project
total of 46 affordable apartments. The city’s Housing Policy Team recommended approval of the density
bonus request on January 22, 2019. The proposed breakdown of 46 units allocated to the AMI levels was
determined by the Housing Manager to be equivalent to the requirement for 15%, or 44 units, at 50%
AMI.
With the General Plan update, the total number of dwelling units presently allocated to the site is 135.
The project includes a total of 294 units, so the applicant is requesting an allocation of 158 dwelling units
(credit for one existing unit on site) from the city’s EDUB. When projects propose more units than the
Growth Management Control Point (GMCP) or more than the maximum base density, the additional units
must be allocated from the city’s Excess Dwelling Unit Bank (EDUB). City Council Policy No. 43 identifies
that an allocation from the EDUB is an incentive or concession defined by CMC Section 21.86.020.A.12
and Government Code Section 65915(k) that modifies the requirements of CMC Chapter 21.90. The
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concession permits development with more dwelling units than would otherwise be permitted by the
underlying General Plan land use designation.
City Council Policy No. 43 Compliance
The project is providing a deeper level of affordability than the 80% AMI required, with the senior
apartments affordable to households earning 50% and 60% AMI. The applicant is also proposing a density
bonus project and is entitled to up to 35% more units than the maximum allowed under the General Plan
in return for providing the affordable housing. The project proposes a total of 294 dwelling units. The
property’s unit yield at the GMCP is 167 dwelling units. However, as a result of the General Plan update,
135 dwelling units are currently allocated to the project site. Therefore, a total of 158 dwelling units are
proposed to be deducted from the City’s Excess Dwelling Unit Bank (EDUB).
Under Growth Management, there are a specific number of dwelling units designated to be built in each
of the city’s four quadrants (called the “cap”). None of the quadrants has reached its cap, and the
remaining number of dwelling units that can be built, less any units allocated for approved projects that
have yet to be built, are in the EDUB. The EDUB is also divided into the city’s four quadrants. The project
site is located within the Northwest Quadrant, which has 646 total units available to be allocated from
the EDUB as of July 31, 2020.
Within the Northwest Quadrant, any residential project in the Village must have all of its units allocated
from the EDUB. To better track Village units, in 2013 staff began tracking EDUB units in the Northwest
Quadrant as either in the Village or outside the Village. The separate tracking was a tool for staff and was
not dictated by Growth Management nor an action or policy of the City Council. While the Northwest
Quadrant as a whole has 646 total units available to allocated from the EDUB, 118 of those are tracked as
being outside the Village and 528 within the Village. Therefore, the project will be allocated all 118
remaining units outside the Village and 40 units from the Village within the Northwest Quadrant. The
consequence of this allocation is that fewer units will be available to allocate for residential projects within
the Village, and no units will be available to allocate outside the Village until other development projects
deposit units into the EDUB. Ultimately, the Village may not be able to develop at the full density
anticipated by the General Plan. To the extent that other projects in the overall Northwest Quadrant
deposit units into the EDUB, staff will reflect those units allocated to the Village first in an effort to restore
the units previously removed for projects outside the Village. It should be noted that in 2002 the City
Council removed and reserved an additional 1,355 dwelling units from the overall EDUB. It will be up to
the City Council to determine when and if the time is appropriate to release some or all of the reserved
units back to the EDUB.
In approving a request for an allocation of excess dwelling units, the project shall meet the findings
identified in City Council Policy No. 43. Specifically, the project location and density are compatible with
adjacent land uses, the project is consistent with the General Plan and other applicable planning
documents, all required public facilities will be constructed or guaranteed, and the Growth Management
quadrant limits will not be exceeded. As discussed in the attached Planning Commission Resolution No.
7382, the proposed project meets all of the required findings.
As required by CMC Chapters 21.85 and 21.86, the project has been conditioned to require the approval
of an Affordable Housing Agreement and Density Bonus Housing Agreement, respectively, prior to
building permit issuance.
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E. Subdivision Ordinance (CMC Title 20)
The project necessitates the processing of a Tentative Tract Map (CT 16-07) for the creation of individual
commercial and residential lots, HOA open space lots, private street lots and 248 residential airspace
condominium units for the townhomes. The commercial portion proposes three (3) lots including one lot
for senior affordable apartments, one lot for the commercial buildings and one lot for 13 of the residential
airspace condominium units. The residential portion proposes four (4) lots with condominiums distributed
on the four lots. As discussed previously, a Residential Planned Development Permit (PUD 16-09) and a
Nonresidential Planned Development Permit (PUD 2018-0007) accompany the CT 16-07 application.
Tables 11 and 12 below summarize the project’s compliance with the Subdivision Ordinance.
TABLE 11 – COMMERCIAL COMPLIANCE TABLE
STANDARD REQUIRED PROVIDED COMPLY?
Minimum Lot
Area
7,500 SF 85,044 SF Yes
Front on a
dedicated street
Frontage on a public
street unless allowed per
CMC Chapter 21.47 for
non-residential planned
developments.
The project and all three lots front
on El Camino Real, which is a public
street.
Yes
Lot width N/A Minimum 248’ on El Camino Real. Yes
Lot lines on
manmade slopes
Locate side and rear lot
lines at top of manmade
slopes whenever
practicable.
The project site’s side and rear lot
lines are provided at the top of
manmade slopes whenever
practicable, except at the westerly
boundary where an existing
downhill condition accommodates a
riparian buffer and the SDG&E
transmission lines and poles.
Yes
Bicycle routes Provide for bicycle routes
on Circulation Element
roadways.
Bicycle lanes are provided along El
Camino Real.
Yes
Street Plan Assure proper
development of abutting
properties and street
plans.
The project is located between two
intersections on El Camino Real,
with a raised median. The project’s
two ingress/egress points provide
necessary and appropriate
distances to the intersections for
right-in/right-out vehicle
movements. Deceleration lanes will
be constructed at both ingresses.
Yes
Hillside
development
Comply with hillside
development ordinance
provisions.
The project complies except as
addressed by density bonus
concessions or waivers.
Yes
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TABLE 12 – RESIDENTIAL COMPLIANCE TABLE
STANDARD REQUIRED PROVIDED COMPLY?
Minimum Lot Area 10,000 SF 78,937 SF Yes
Front on a
dedicated street
Frontage on a public
street unless allowed per
CMC Chapter 21.45 for
residential planned
developments.
The project and Lot 4 front on El
Camino Real, which is a public
street. The other PUD lots are
allowed per CMC Chapter 21.45.
Yes
Lot width 60’ (El Camino Real) 154’ (El Camino Real) Yes
Lot lines on
manmade slopes
Locate side and rear lot
lines at top of manmade
slopes whenever
practicable.
The project site’s side and rear lot
lines are provided at the top of
manmade slopes whenever
practicable, except at the westerly
boundary where an existing
downhill condition accommodates a
riparian buffer and the SDG&E
transmission lines and poles.
Yes
Flag/through lots N/A N/A Yes
Access to
residential lots
from rights-of-
way
Residential lots shall not
front on/be accessed from
arterials, railroads,
transmission lines or flood
control channels.
None of the residential lots front
on/have access from El Camino
Real, or the other listed rights-of-
way.
Yes
Bicycle routes Provide for bicycle routes
on Circulation Element
roadways.
Bicycle lanes are provided along El
Camino Real.
Yes
Street Plan Assure proper
development of abutting
properties and street
plans.
The project’s intersections have
been aligned with existing street
intersections and connections to
adjacent streets are provided.
Yes
Hillside
development
Comply with hillside
development ordinance
provisions.
The project complies except as
addressed by density bonus
concessions or waivers.
Yes
F. Local Coastal Program (Mello II Segment) and Coastal Resource Protection Overlay Zone (CMC
Chapter 21.203)
Mello II Segment of the Certified Local Coastal Program and all applicable policies
The proposed site is in the Mello II Segment of the Local Coastal Program (LCP) and is within the
appealable jurisdiction of the California Coastal Commission. The project site has LCP Land Use
designations of General Commercial (GC) and R-15 Residential, and zoning of General Commercial (C-2)
and Residential Density-Multiple (RD-M). The project’s consistency with the General Plan Land Use
designations is analyzed in Section A, Table 3 above. The project’s compliance with zoning is analyzed in
Sections B and C above, in conjunction with Section A regarding density bonus.
The project consists of the demolition of the existing commercial and residential structures, grading of
the entire site, and construction of a residential and mixed-use project including two commercial
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buildings, 46 affordable senior apartments and 248 residential townhome condominiums. The project site
is located along an arterial corridor and is zoned for commercial and multiple-family development. The
existing site’s topography consists of a lower level adjacent to El Camino Real, and an upper mesa that is
at a similar grade to the existing single-family homes south of the site. The applicant has designed the
project to grade down the finished pad grades of the townhomes along the southerly perimeter as a
means of reducing impacts to privacy on, and enhancing compatibility of the townhomes with, the
adjacent single-family homes.
The three-story structures will not obstruct views of the coastline as seen from public lands or the public
right-of-way since there are no views of the coastline from El Camino Real. The project’s location along
the El Camino Real arterial corridor will not damage the visual beauty of the Coastal Zone. It was
determined that the site does not qualify as prime, non-prime or coastal agricultural land required to be
preserved pursuant to the Coastal Act when the Coastal Commission approved the General Plan land use
changes for the project site. The project maintains the required 50-foot riparian buffer from the off-site
Kelly Creek to the west, and the impacts to non-wetland waters of the US will be appropriately mitigated.
The proposed project is not located in an area of known geologic instability or flood hazard, and the
project’s geotechnical studies conclude that the project is feasible as designed. Since the site does not
have frontage along the coastline, no public opportunities for coastal shoreline access or water-oriented
recreation activities are available from the subject site.
Coastal Resource Protection Overlay Zone
The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (CMC
Chapter 21.203) in that the project will adhere to the city’s Master Drainage Plan, Grading Ordinance,
Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to
avoid increased urban runoff, pollutants, and soil erosion. Proposed grading of steep slopes (equal to or
greater than 25% gradient) is discussed in the next section. The site is not prone to landslides, or
susceptible to accelerated erosion or floods. Remedial grading across the entire site is indicated by the
current building code, and existing soils that may be susceptible to expansion or liquefaction are
recommended to be removed and recompacted. The project has been designed to provide a 50-foot
riparian buffer from the off-site Kelly Creek, and the project’s impacts on a 501-linear foot drainage ditch
that could qualify as non-wetland waters of the US will be fully mitigated. Based on the above, the project
adequately addresses regulations of the Coastal Act.
Grading of Steep Slopes
CMC Section 21.203.040(A)(3) requires City Council approval of the following specific findings for
deviations to restrictions on grading of steep slopes over 25% within the Coastal Resources Protection
Overlay Zone:
• A soils investigation conducted by a licensed soils engineer has determined the subject slope area to
be stable and grading and development impacts mitigatable for at least seventy-five years, or life of
structure.
• Grading of the slope is essential to the development intent and design.
• Slope disturbance will not result in substantial damage or alteration to major wildlife habitat or native
vegetation areas.
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• If the area proposed to be disturbed is predominated by steep slopes and is less than ten acres,
complete grading may be allowed only if no interruption of significant wildlife corridors occurs.
• Because north-facing slopes are generally more prone to stability problems and in many cases contain
more extensive natural vegetation, no grading or removal of vegetation from these areas will be
permitted unless all environmental impacts have been mitigated. Overriding circumstances are not
considered adequate mitigation.
The geotechnical report’s soils investigation was conducted by a licensed soils engineer and found that
the steep slope areas are stable and that grading and development impacts are mitigatable for at least
seventy-five years, or the life of the structures. Grading of the steep slopes is essential to the development
of the project in order to meet the General Plan’s requirement to develop a minimum of 12 du/ac and to
achieve the objectives of the proposed density bonus project at the density and with the
incentives/concessions permitted by CMC Chapter 21.86. The proposed grading of steep slopes affects
only 4.8 acres has been analyzed in the project’s geotechnical reports and addendums, which include
recommendations for development of the project including grading, slopes, retaining walls and
foundations. The subject property does not include native vegetation and is not within a significant wildlife
corridor, so complete grading of the site is allowed. The north-facing slopes do not contain natural
vegetation, and any other potential impacts will be mitigated to a level below significance. Therefore, the
project meets all of the required findings to allow the proposed grading of steep slopes.
G. Site Development Plan (CMC Chapters 21.28 (Residential Uses in C-2 Zone), 21.53 (Affordable
Housing) and 21.84 (Housing for Senior Citizens))
In accordance with CMC Section 21.53.120, a Site Development Plan (SDP) is required to be processed
pursuant to CMC Chapter 21.06, Qualified (Q) Overlay Zone, for residential uses within the C-2 zone, and
for the affordable apartments that provide housing for seniors. (An SDP is not required for the rest of the
townhomes on the residential portion of the project because they require approval of a PUD per CMC
Chapter 21.45.) Five SDP findings are required with one additional finding for the senior housing aspect
of the project. The required findings with justification for each are summarized below and contained in
Planning Commission Resolution 7382.
1. That the proposed development or use is consistent with the General Plan and any applicable
master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the
Carlsbad Municipal Code, and all other applicable provisions of this code.
The project is consistent with the various elements and objectives of the General Plan as discussed
in Section A above. The townhomes and affordable senior apartments are located in a proposed
mixed-use setting with specialty retail and restaurant uses within the C-2 zone. The density of the
residential component for 59 units is consistent with the General Plan and Zoning Ordinance for
density bonus projects. The project site is served by existing transit and is within 1.7 miles of other
existing commercial and business services, and across the street from the future Robertson Ranch
commercial site. The townhomes and apartments comply with all applicable development
standards for residential uses within the C-2 zone including lot coverage, height, setbacks, and
parking, etc., subject to density bonus provisions for concessions and waivers or reductions of
standards discussed in Section D above. The project provides at least 20% of the maximum base
density units as 46 age-restricted affordable apartments. The project complies with all applicable
standards for senior housing as discussed in Section C above.
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2. That the requested development or use is properly related to the site, surroundings and
environmental settings, will not be detrimental to existing development or uses or to
development or uses specifically permitted in the area in which the proposed development or
use is to be located, and will not adversely impact the site, surroundings or traffic circulation.
The proposed townhomes and affordable senior apartments within the C-2 zone will not be
detrimental to existing uses or to uses specifically permitted in the area in which the use is located
in that the townhomes and apartments are permitted uses within the C-2 zone, and are
compatible with the adjacent proposed specialty retail and restaurant uses in the same area of
the project. The townhomes and senior apartments are also compatible in design, scale and
massing with the proposed townhomes proposed to the south on the project site, as well as the
existing and future residential and commercial uses within Robertson Ranch north of the project
site. The townhomes and senior apartments will not adversely impact the site, surroundings, or
traffic circulation. The project provides the required riparian buffer from the offsite Kelly Creek to
the west of the senior apartments. El Camino Real has adequate capacity to accommodate the
274 Average Daily Trips (ADTs) generated by the residential portion of the commercial area, and
adequate capacity for the net ADTs generated by the overall project. The project is adequately
parked on-site and does not result in any significant environmental impacts.
3. That the site for the intended development or use is adequate in size and shape to
accommodate the use.
The townhomes and affordable senior apartments are located in the commercial portion of the
project. Each residential component maintains its own space since they are in separate buildings
from the commercial uses and provide their own parking spaces. The subject site is adequate in
size and shape to accommodate the proposed 13 townhomes, 46 affordable senior apartments
and the specialty retail and restaurant uses in that, subject to density bonus provisions for
concessions and waivers or reductions of standards discussed in Section A above, the mixed-use
component of the project complies with all remaining development standards for residential uses
located within the C-2 zone and the additional standards for senior housing. The project is entitled
to the requested number of units and the density bonus incentives/concessions and waivers are
necessary for the project to be developed at the density and with the incentives/concessions
permitted by CMC Chapter 21.86.
4. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested development or use to existing or permitted future development or use in the
neighborhood will be provided and maintained.
The townhomes and affordable senior apartments comply with all applicable development
standards for residential uses within the C-2 zone including lot coverage, height, setbacks, and
parking, etc., subject to density bonus provisions for concessions and waivers or reductions of
standards discussed in Section A above. The architecture of the townhome and senior apartment
buildings is compatible with the proposed commercial buildings. Landscaping along the El Camino
Real frontage of the project will be provided consistent with the requirements of the city’s
Landscape Manual.
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5. That the street systems serving the proposed development or use is adequate to properly
handle all traffic generated by the proposed use.
The proposed project has been designed with two street entries from El Camino Real that will
each provide deceleration lanes. El Camino Real is identified as an arterial street and is designed
to adequately handle the 274 Average Daily Trips (ADTs) generated by the residential portion of
the commercial area, and adequately handle the net ADTs generated by the overall project as
analyzed by the project Environmental Impact Report. The project site is served by two NCTD bus
routes with stops adjacent to the site, and bike lanes are provided on El Camino Real. In addition,
the applicant will be required to pay traffic impact fees prior to issuance of building permits that
will go towards future road improvements.
6. The senior housing project shall not result in density or design that is incompatible with other
land uses in the immediate vicinity.
The affordable senior apartments are located in the commercial portion of the project but
maintains its own space since it is in a separate building from the commercial uses and provides
its own parking spaces and site amenities. The architecture of the senior apartment building is
compatible with the proposed retail, restaurant and townhome buildings located on the balance
of the commercial portion of the project. The senior apartments provide the required affordable
housing for the project, and the density associated with the 46 apartments is consistent with the
General Plan and Zoning Ordinance for density bonus projects. The senior apartment building and
use is compatible with the adjacent commercial and residential uses within the project, and with
existing residential uses in the surrounding area.
H. Scenic Preservation Overlay Zone Regulations (CMC Chapter 21.40 and the El Camino Real Corridor
Development Standards)
Special Use Permits are required for development of sites located within a Scenic Preservation or
Floodplain Overlay zone. Proposed development projects along El Camino Real and within up to 500 feet
from the roadway are subject to the El Camino Real Corridor Development Standards Study and the Scenic
Preservation Overlay (CMC Chapter 21.40). The intent of these standards is to maintain and enhance the
appearance of the El Camino Real corridor area by providing a design theme and setting standards for
setbacks, grading, building height, and design, etc., to ensure that new development does not detract
from the existing characteristics along the corridor.
The proposed project is an upslope site within Area 2 (Carlsbad Village Drive to West Ranch/Lisa Street)
of the El Camino Real Corridor, an area that is predominated by single- and multi-family residential uses.
The standards apply to the site’s first 300 feet from the edge of the roadway because it is an upslope
condition. The common design theme for this area is “suburban residential.” The proposed project, with
the exception of grading, is consistent with the development standards and intent of those standards with
regard to aesthetic considerations. An analysis of the project’s consistency with the intent and standards
of Area 2 is addressed in Table 13 below.
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TABLE 13 – ECR CORRIDOR STANDARDS CONSISTENCY
STANDARD CRITERIA PROPOSED COMPLY?
Design Theme Suburban Residential Yes
Median Breaks Only at Major
Intersections
No median break is proposed.
Access will be via
two right-in, right-out private
streets.
Yes
Sidewalks City Standard Entire
Length
Sidewalks are currently provided in
accordance with City Standards.
Any changes to meet the design of
the project will continue to meet
current standards.
Yes
Building Height Maximum of 35 feet All buildings are 35 feet or less and
adhere to the adopted formula for
measuring building height as
well as the underlying zoning
ordinance.
Yes
Grading No cut or fill exceeding 10
feet from original grade.
Earthwork outside the
setback may exceed this
amount in isolated areas,
as a result of extreme,
localized topographic
conditions or for the
provision of public streets.
Deviations from this
section may be approved
subject to the four
findings identified in
Section V of the
standards.
For the affordable senior
apartment building, this criterion is
met. The fill does not exceed 10
feet.
For the retail area, there is a
maximum fill of 18 –
21 feet to the finish pad.
For the Townhomes in the
commercial area, there is a
maximum fill of 14 - 19 feet to the
finish pad.
For the Townhomes in the
residential area the maximum fill is
3 - 21 feet to the finish pad.
Yes
No*
No*
No*
Setbacks from
Roadway
a) Non-residential:
Minimum 25’ landscape
area.
b) Residential – Upslope:
Minimum 40’ from
ROW or Minimum 15’
from top of slope,
whichever is greater.
a) The ROW landscape setbacks to
the non- residential buildings
range from 45 feet to 56 feet.
This exceeds the 25-foot setback
by 20 to 31 additional feet.
b) The Affordable Senior building
and the Townhomes within the
commercial area maintain a 40-
foot landscaped setback from
the ROW and a minimum 15-foot
setback from the top of slope.
The Townhomes in the
residential area maintain a 50-
foot setback from the ROW and
a minimum 20-foot setback from
the top of slope.
Yes
Yes
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TABLE 13 – ECR CORRIDOR STANDARDS CONSISTENCY (CONTINUED)
Street Furniture
(non-ROW)
Any contemporary
type: wood, concrete or
combination.
No street furniture is proposed. Yes
Street Light
Spacing
City Standard The proposed project meets city
standards for street light spacing.
Yes
Roof Equipment No roof equipment
shall be visible.
No roof equipment will be visible
from El Camino Real or adjacent
development.
Yes
*A deviation to standards is being requested as a waiver pursuant to State Density Bonus Law as discussed in Section
A of this staff report. Absent the density bonus request, the project would need to meet the ECR Corridor Study’s
findings for the deviation to standards, so the findings are discussed below.
Deviation to ECR Corridor Standards
The project is seeking approval of a deviation to the grading standards for the El Camino Real (ECR)
corridor. Although deviations to the standards of the El Camino Real Corridor Study may be approved by
the Planning Commission pursuant to findings, the project’s density bonus request includes a waiver that
addresses the grading standard. However, for the Planning Commission’s information, staff has also
analyzed the project per the ECR corridor provisions as follows:
1. Compliance with a particular standard is infeasible for a particular project.
Compliance with the maximum 10-foot fill standard along El Camino Real is not feasible due to
the unique topography of the site, the applicant’s goal and commitment to maintain privacy for
existing residents to the south, and the goal of achieving a context-sensitive, terraced grading
design for the project that avoids the creation of large, visible manufactured slopes.
Most of the site area immediately adjacent to El Camino Real is five to eight feet below the street
level. As a result, in order to meet safety standards for ingress and egress from the site, additional
fill is needed. Further, the proposed grading design achieves aesthetic benefits and creates an
opportunity to reduce impacts that would otherwise be associated with increased export of soil
from the site.
The grade elevation of the project site adjacent to the existing development to the south is much
higher than along El Camino Real, and similar to the pad elevations of the existing homes. The
applicant has indicated that privacy is a primary concern based on many meetings with the
residents to the south. Residents have voiced these concerns to staff as well. In order to maintain
residents’ privacy, the applicant conducted extensive studies to achieve minimal impacts to
privacy. The studies resulted in a need for additional cut to lower the townhome area so that
future residents would not see into the backyards of the existing residents. The cross sections
provided in the project plans show a proposed cut area that lowers the finished pad elevations to
achieve the desired privacy for the adjacent residents. The cut proposed by the applicant is the
minimum necessary to create the desired privacy.
In order to reduce impacts associated with the export of soil from the site, avoid large, visible
manufactured slopes and address adjacent residents’ privacy concerns, the project proposes to
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implement a grading strategy that requires additional fill. Staff’s position is that the project has
been designed to meet this finding.
2. That the scenic qualities of the corridor will continue to be maintained if the standard is not
fulfilled.
The scenic qualities of the ECR corridor will continue to be maintained because the slope areas
adjacent to El Camino Real are consistent with the existing slope area directly to the east. The
project’s proposed slopes incorporate significant screening landscape while also meeting or
exceeding required structure setbacks. The proposed terraced grading design improves the scenic
qualities of the corridor by limiting the height of manufactured slopes visible from the public right-
of-way to no more than 15 feet. No sound walls are required or proposed at the top of slopes.
The proposed slopes will be heavily landscaped, there will be no walls greater than six feet
proposed along El Camino Real, and the commercial buildings within these fill areas along El
Camino Real are set back at distances greater than required. Therefore, staff’s position is that the
project has been designed to meet this finding.
3. That the project will not have an adverse impact on traffic safety.
A comprehensive traffic analysis has been prepared to address potential impacts and the design
of the project meets all safety requirements for traffic and circulation. The project’s entry
driveways meet the city’s design criteria and do not exceed the allowable percent grade into the
site in accordance with fire access requirements. To improve safety, the project is providing
deceleration lanes at both project entries. No median break is allowed, so the project provides
only right-in/right-out turning movements so vehicles exiting the project will not be attempting
to make left turns across El Camino Real. Therefore, staff’s position is that the project has been
designed to meet this finding.
4. That the project is designed so as to meet the intent of the scenic preservation overly zone.
The intent of the ECR Corridor Development Standards is to maintain and enhance the appearance
of the El Camino Real roadway area. In the existing condition, the appearance of the property
does not meet the intent of the beautification of the corridor. The proposed development will
create a more harmonious and enhanced appearance along El Camino Real. All proposed slopes
will be heavily landscaped, and buildings will be set back at distances meeting or exceeding the
standards set forth by the ECR Corridor Study. Less export from the site will reduce traffic and
emissions associated with construction. No noise walls will be adjacent to El Camino Real. Further,
the project utilizes a context-sensitive grading design to enhance the aesthetic character of the
corridor by limiting the height of manufactured slopes visible from the public right-of-way. The
proposed development furthers many of the goals of the General Plan by providing safe access to
the property, and creating a more aesthetically pleasing area within the corridor when compared
to the existing developed site. Therefore, staff’s position is that the project has been designed to
meet this finding.
I. Hillside Development Regulations (CMC Chapter 21.95)
The overall project site exhibits a change in grade elevation greater than 15 feet and slopes greater than
15%, and therefore requires a Hillside Development Permit. In addition, development on natural slopes
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of 25% or greater within the Coastal Zone needs to meet additional requirements. The project meets
requirements of the Hillside Development Regulations in conjunction with the identified density bonus
waivers and findings for exceeding the acceptable grading volume and the vertical retaining wall height
limit. Hillside conditions of the project have been properly identified on the constraints map, which shows
existing and proposed conditions and slope percentages. The various hillside development standards are
discussed below.
Coastal Zone Hillside Development Regulations (CMC Section 21.95.140(A))
The project contains existing natural slopes of 25% or greater and is subject to the applicable
requirements for development in the Coastal Zone (CMC Section 21.203.040). The intent of the
Coastal Zone requirements is to preserve steep (greater than 25%) natural slopes, and native
vegetation where it occurs on steep slopes. A project may be allowed to impact steep slopes with City
Council approval if findings for exceptions are made that a soils report has determined that the slopes
will be stable and mitigatable for 75 years or the life of the structures; the grading is essential to the
development intent and design; there will be no substantial alteration to major wildlife habitat or
native vegetation areas; and that the grading will not interrupt significant wildlife corridors if the
impacted steep slope area is less than 10 acres in size. Grading of steep slopes is discussed in Section
F above.
A development constraints exhibit has been prepared for the project showing the areas of steep
natural slopes that would be impacted by the project. The project's biological resources report
indicates that there is no native vegetation on the site. The project’s geotechnical reports indicate that
the proposed slopes will be stable, and grading and development impacts are mitigatable for at least
75 years or the life of the structures. As discussed in previous sections, the proposed grading of the
site is key to the project’s intent and design to preserve and not impact privacy of existing home
backyards to the south, to reduce the amount of soil exported from the site, and to achieve the density
subject to the concessions and waivers provided by state law. There are no major wildlife habitat or
native vegetation areas on site, and the project provides the required buffer from the off-site Kelly
Creek. The project site also is not a significant wildlife corridor, so no interruption to wildlife corridors
will occur.
Development of Natural Slopes of 40 Percent Gradient (CMC Section 21.95.140(B))
Development shall not occur on natural slopes which exhibit all of the following characteristics:
• A gradient of greater than 40%; and
• An elevation differential of greater than 15 feet; and
• A minimum area of 10,000 square feet; and
• The slope comprises a prominent land form feature.
There is only one area of the site that meets three of the above characteristics: it is a natural slope
at a gradient greater than 40%, has an elevation differential of greater than 15 feet, and is greater
than 10,000 square feet in area. It is near the center of the site at the transition between the
commercial and residential parcels, and is a small portion of the general north-south slope up to the
higher mesa area of the site. This overall slope has a gradient that is predominantly 25%. As such, the
small area of slope that meets three of the above characteristics is not in any way considered to be a
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prominent land form feature. The rest of the natural 40% slopes do not meet the rest of the
characteristics listed above. Therefore, the slopes may be developed.
Retaining Walls on Perimeter Manufactured Slopes Over Forty Percent Gradient (CMC Section
21.95.140(C)
The project includes perimeter manufactured slopes that are over 40% gradient and greater than 15
feet in height. CMC Section 21.95.140(C) states that such uphill perimeter slopes for residential or
nonresidential projects may allow one six-foot vertical intrusion for a retaining wall or building. There
are provisions for building six-vertical-foot retaining walls on or over downhill perimeter slopes for
nonresidential development.
As discussed above, the project is requesting a density bonus waiver for relief from the six-foot vertical
standard for uphill and downhill perimeter slope retaining walls. The walls are located along perimeter
property lines at the west, south and east of the project site. The proposed walls comply for most of
the perimeter along the south boundary until reaching the southeast corner, where the maximum
height reaches approximately 22 feet plus the required guard rail. The wall quickly descends in height
along the east property line to within the six-foot standard. Along the west property line is a required
50-foot riparian buffer from the off-site Kelly Creek as well as an SDG&E transmission line easement.
SDG&E has existing overhead transmission towers and lines and an access road within the easement
as shown on the project plans. The project’s grading must stay out of the riparian buffer to preserve
offsite habitat, and grading cannot negatively impact SDG&E’s infrastructure. To achieve these
purposes, a downhill perimeter retaining wall system is proposed. Much of the retaining wall along
the west property line is a height of between 10 and 11.5 feet plus a guard rail, but reaches a maximum
height of 23.6 feet plus the guard rail about midway along the westerly property line.
Grading Volume (CMC Section 21.95.140(D)
The intent of the hillside grading volume standards is to minimize the volume of earth moved for cut
and fill on a site. The proposed grading volume of 11,972 cubic yards per acre (cy/ac) falls within the
unacceptable level because it exceeds 10,000 cy/ac. Grading of this volume is typically allowed within
the Coastal Zone if it is for the purpose of constructing a circulation network road, or to preserve
natural habitat that could not be preserved by an acceptable volume of grading. Neither of these
factors apply to the project. As discussed in more detail in Section A above, the project is requesting a
density bonus waiver to allow the proposed volume of grading. The project’s preliminary geotechnical
reports, landscape plan and retaining wall plans have been reviewed and found acceptable by the
Engineering Division.
J. McClellan-Palomar Airport Land Use Compatibility Plan (ALUCP)
The proposed project falls within the boundaries of the McClellan-Palomar Airport Land Use Compatibility
Plan (ALUCP). The ALUCP was amended on December 1, 2011, and all projects within its boundary are
required to be reviewed for consistency with its goals and policies. The ALUCP identifies four types of
airport impacts that must be considered for each development: Noise, Safety, Airspace Protection, and
Overflight. Based on a review of the ALUCP, the project site is not located within any noise contour, safety
zone or airspace protection area. The project site is located within the airport influence area (AIA) Review
Area 2 and the Airport Overflight Notification Area. Residential properties located in an overflight
notification area may be subject to some of the annoyances or inconveniences associated with their
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proximity to airport operations. Therefore, the project will be required to record an overflight notification
for the project site area.
K. Growth Management
The proposed project is located within Local Facilities Management Zone 1 in the Northwest Quadrant of
the city. The impacts on public facilities created by the project, and its compliance with the adopted
performance standards, are summarized in Table 14 below.
TABLE 14 – GROWTH MANAGEMENT COMPLIANCE
STANDARD IMPACTS COMPLIANCE
City Administration 1,040 square feet Yes
Library 555 square feet Yes
Waste Water Treatment Residential: 294 EDUs
Commercial: 5.5 EDUs
Yes
Parks 2.08 acres Yes
Drainage 37.92 CFS, Basin B Yes
Circulation Existing: 2,133 ADT
Proposed: 3,034 ADT
Net increase: 901 ADT
Yes (see below)
Fire Station No. 3 Yes
Open Space NA N/A
Schools Carlsbad (E=34.39/M=18.17/HS = 23.19) Yes
Sewer Collection System Residential: 294 EDUs
Commercial: 5.5 EDUs
Yes
Water Residential: 147,900 GPD
Commercial: 2,300 GPD
Yes
The project proposes 294 dwelling units. The unit yield at the GMCP of the property is 167 dwelling units.
However, as a result of the General Plan update, only 135 dwelling units are currently allocated to the
project site. Therefore, a total of 158 dwelling units (credit for one existing unit on site) are proposed to
be deducted from the City’s Excess Dwelling Unit Bank (EDUB). Pursuant to Planning Commission
Resolution No. 7382, the allocation from the EDUB can be supported since 646 units are available for
allocation in the Northwest Quadrant according to the city’s Quadrant Dwelling Unit Report dated July 31,
2020.
Growth Management Circulation Monitoring
Per the city’s Growth Management Program (GMP) and Citywide Facilities Plan, identified circulation
facilities are to operate at a level of service (LOS) D. As indicated in the project’s draft and final EIRs in the
Land Use chapter discussion, the city reported on GMP monitoring data for the city’s circulation facilities
for FY 2017-18 in 2019. In addition, the city is in the process of releasing the GMP circulation monitoring
data for FY 2018-19. The FY 2017-18 data showed deficiencies at some circulation facilities that were not
operating at LOS D, including the El Camino Real facility just south of State Route 78 within LFMZ 1. That
facility was exempted by the City Council in December 2019. On August 27, 2020, the City Manager’s office
notified the City Council by memorandum about the FY 2018-19 GMP circulation monitoring data. The
most recent monitoring data identifies additional circulation facility deficiencies in the city, including
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southbound El Camino Real between Tamarack Avenue and Cannon Road that fronts the Marja Acres
project.
The FY 2018-19 GMP circulation monitoring data, including deficient facilities and recommendations for
how to address them, is in the process of being presented to the city’s Traffic and Mobility Commission
for a recommendation to the City Council. The City Council will then determine the deficient facilities and
adopt measures to address those deficiencies. It is anticipated that the Traffic and Mobility Commission
and the City Council will consider the FY 2018-19 GMP monitoring including the circulation facility
deficiencies and recommended measures on October 5 and October 20, 2020, respectively. Because this
segment of El Camino Real meets the criteria to be determined “built-out” by the City Council as discussed
under General Plan Compliance in Section A above, it is expected that Public Works staff will be
recommending that the City Council exempt the segment. However, because the exemption of the facility
is still being reviewed and has not yet been formally recommended to or acted on by the City Council, the
project applicant will be requesting that the City Council exempt the El Camino Real facility fronting the
project when the City Council considers the project. The Planning Commission is not an advisory body to
the City Council with respect to the GMP circulation deficiencies, and so will not make a recommendation
on the exemption of the El Camino Real facility. However, as indicated in the recommendation at the
beginning of this staff report, any approval granted for this project is subject to the City Council exempting
the facility or another action that ensures the project complies with the GMP.
In accordance with Policy 3-P.11 of the General Plan Mobility Element, any project that adds traffic to an
exempted circulation facility shall be conditioned to comply with Transportation Demand Management
and Transportation System Management requirements. If the facility is not exempted, the applicant will
be required to adhere to any other action that the City Council takes in response to the reported
deficiency. The necessary conditions for either scenario have been included in Resolution No. 7382.
IV. ENVIRONMENTAL REVIEW
An Environmental Impact Report (EIR) was prepared for the Marja Acres project in accordance with
the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the Environmental
Protection Procedures (Title 19) of the CMC. The EIR addresses the environmental impacts associated
with all discretionary applications for the proposed project, including development of the project. City
staff issued a Notice of Preparation (NOP) on April 6, 2018. The NOP was distributed to all Responsible
and Trustee Agencies, as well as other agencies. Staff scheduled a public scoping meeting in order to
increase opportunities for public input. The NOP with notice of the scoping meeting was sent to all
property owners within a 600-foot radius of the project boundaries and was published in the San Diego
Union Tribune. The public scoping meeting took place on April 17, 2018, at the Faraday Center. At
the scoping session, the public was invited to comment on the scope and content of the EIR. Written
comments were received in response to the NOP, were taken into consideration prior to developing
the detailed scope of the content for the EIR, and are summarized in and appended to the EIR.
The Marja Acres project EIR analyzed the following areas of potential environmental impact:
• Aesthetics
• Agriculture and Forestry Resources
• Air Quality
• Biological Resources
• Cultural Resources/Tribal Cultural Resources
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• Geology and Soils
• Greenhouse Gas Emissions/Climate Change
• Hazards and Hazardous Materials
• Hydrology and Water Quality
• Land Use and Planning
• Noise
• Population and Housing
• Public Services
• Transportation and Traffic
• Utilities and Service Systems
Following consideration of the public and agency comments submitted on the NOP, it was determined
that the proposed project would not result in a significant impact on Mineral Resources or Recreation.
Additionally, the EIR includes other sections required by CEQA including an Executive Summary, Project
Description, Cumulative Effects, Effects Found Not to Be Significant, Growth Inducing Effects and
Alternatives. Five alternatives are considered in the EIR. The alternatives include the "No Project/No
Development" alternative, a "Maximum General Plan Density/No Density Bonus" alternative, a "Reduced
Project/Growth Management Density" alternative, and a “Previously Proposed Plan” alternative. On April
15, 2019, a Draft EIR was released and the city published a Notice of Completion (NOC) and mailed the
NOC to interested Responsible and Trustee Agencies and other interested agencies, surrounding owners
and occupants, and the interested parties list that staff had developed based on requests from the public
during the processing of the project. The NOC commenced a 45-day public review and comment period
on the Draft EIR expiring on May 29, 2019. The NOC advised that the Draft EIR was available for review
at four locations: City of Carlsbad Planning Division; the City Clerk's Office; the Georgina Cole Library; and
the Carlsbad City Library. Complete hardbound and CD copies were also available with the appendices
through the Planning Division. The Draft EIR was also published on the City's website at
(http://www.carlsbadca.gov/services/depts/planning/agendas.asp). In response to the NOC, 73 comment
letters and emails were submitted prior to the close of the public review period for the Draft EIR.
Following the close of the public review period as responses to the Draft EIR comments were being
prepared late in 2019, there were changes in circumstances that affected the project’s EIR. One was the
impending change to Vehicle Miles Traveled (VMT) for transportation impact analyses under CEQA
effective July 1, 2020, and some related case law. The other was that the city did not have a qualified
Climate Action Plan (CAP) for several months in early 2020. As a result of these circumstances, the
applicant determined with the city’s concurrence to change the project’s traffic impact analysis to comply
with the VMT methodology, and the city required the applicant to prepare a stand-alone greenhouse gas
analysis that did not rely on the CAP as a qualified document under CEQA. These two analyses were
prepared and reviewed and approved by the city. Due to the new information provided by these analyses,
the city released a Recirculated Draft EIR and Notice of Completion (NOC) as required by CEQA on June 5,
2020. The NOC commenced a 45-day public review and comment period on the Recirculated Draft EIR
expiring on July 20, 2020.
Due to COVID-19, Governor Newsom’s Executive Order N-54-20 established a period of time for electronic
availability of CEQA documents under public review when County Clerk and local agency offices were
closed to the public. The Recirculated Draft EIR was available for review electronically on the State
Clearinghouse’s CEQAnet website. The NOC also advised that a CD or a hard copy would be made available
on request by contacting the project planner. The Recirculated Draft EIR was also published on the City's
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website at http://www.carlsbadca.gov/services/depts/planning/agendas.asp. In response to the NOC for
the Recirculated Draft EIR, four comment letters/emails were submitted prior to the close of the public
review period.
Responses to all of the comment letters are contained in the Final EIR, and were sent to each commenting
individual, organization or agency. The response transmittal letter also provided notice of availability of
the Final EIR. The Final EIR includes a Mitigation Monitoring and Reporting Program (MMRP). The MMRP
is also attached to Planning Commission Resolution No. 7381 for the EIR. The analysis contained in the
EIR concluded that all significant impacts would be mitigated to below a level of significance. CEQA
requires action on an EIR within one year from the date the project was deemed to be complete but allows
for an extension of the time period if compelling circumstances justify additional time as mutually agreed
by the applicant and city. The city determined, and the applicant agreed, that compelling circumstances
justify an extension of one year, so the deadline for final action on the EIR is December 24, 2020.
ATTACHMENTS:
1. Planning Commission Resolution No. 7381
2. Planning Commission Resolution No. 7382
3. PD Compliance Tables C, E and City Council Policy 66
4. Location Map
5. Disclosure Statement
6. PC Resolution No. 7114
7. Reduced Exhibits
8. Density Bonus Incentive/Concession Cost Offset/Reduction Documentation
9. Correspondence from the Public
10. Final EIR for Marja Acres dated August 2020 (distributed previously to Commissioners; available
at the Planning Division and http://www.carlsbadca.gov/services/depts/planning/agendas.asp)
11. Full Size Exhibits “A” – “CCCCCC” dated September 16, 2020
PLANNED DEVELOPMENTS (CMC SECTION 21.45.060)
TABLE C: GENERAL DEVELOPMENT STANDARDS APPLICABLE TO ALL PLANNED DEVELOPMENTS
REF.
NO. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT
C.1 Density
Per the underlying General Plan designation. When two or more general
plan land use designations exist within a planned development, the
density may be transferred from one general plan designation to another
with a general plan amendment.
The project complies with the R-15
General Plan Land Use
Designation density of 8-15 du/
Acre subject to the provisions of
state Density Bonus Law and CMC
Chapter 21.86.
C.2 Arterial
Setbacks
All dwelling units adjacent to any arterial road shown on the Circulation
Element of the General Plan shall maintain the following minimum
setbacks from the right-of-way:
Prime Arterial 50 Feet
Major Arterial 40 Feet
Secondary Arterial 30 Feet
Carlsbad Boulevard 20 Feet
The project complies. All
townhomes within the Residential
land use designation maintain a 50
foot setback from El Camino Real.
Half (50%) of the required arterial setback area located closest to the
arterial shall be fully landscaped to enhance the street scene and buffer
homes from traffic on adjacent arterials, and:
•Shall contain a minimum of one 24” box tree for every 30 lineal
feet of street frontage; and
•Shall be commonly owned and maintained
The project complies. Nearly
100% of the setback area is
landscaped, contains more than
or equal to one 24" box tree per
30 feet and will be commonly
owned and maintained.
Project perimeter walls greater than 42 inches in height shall not be
located in the required landscaped portion of the arterial setback, except
noise attenuation walls that:
•Are required by a noise study, and
•Due to topography, are necessary to be placed within the required
landscaped portion of the arterial setback.
There are no perimeter walls
greater than 42 inches within the
Arterial landscape setback area,
therefore the project complies.
C.3
Permitted
Intrusions
into
Setbacks/
Building
Separation
Permitted intrusions into required building setbacks shall be the same as
specified in Section 21.46.120 of this code. The same intrusions specified
in Section 21.46.120 shall be permitted into required building separation.
The project complies. All buildings
meet all required permitted
intrusions into setbacks and
building separation.
C.4 Streets
Private
Minimum right-of-way width 56 feet The private street complies with
the minimum 56' and 34' widths.
The parkway widths vary from 3.5'
to 5' widths. The sidewalks vary in
width from 4' to 4.5'. Sidewalk and
parkway widths are a requested
density bonus reduction of
development standards per CMC
Section 21.86.060.
Minimum curb-to-curb width 34 feet
Minimum parkway width
(curb adjacent) 5.5 feet, including curb
Minimum sidewalk width 5 feet (setback 6 inches from
property line)
Public
Minimum right-of-way width 60 feet
N/A. The project is not proposing a
public street.
Minimum curb-to-curb width 34 feet
Minimum parkway width
(curb adjacent) 7.5 feet, including curb
Minimum sidewalk width 5 feet (setback 6 inches from
property line)
ATTACHMENT 3A
Street
Trees
within
parkways
One-family dwellings and
twin homes on small-lots
A minimum of one street tree
(24-inch box) per lot is required
to be planted in the parkway
along all streets.
N/A. The project does not propose
one-family dwellings or twin homes
on small lots.
Condominium projects
Street trees shall be spaced no
further apart than 30 feet on
center within the parkway.
The project complies as
demonstrated on the approved
conceptual landscape plans.
Tree species should be selected to create a unified image for
the street, provide an effective canopy, avoid sidewalk damage
and minimize water consumption.
The project complies as
demonstrated on the approved
conceptual landscape plans.
C.5 Drive-aisles
3 or fewer
dwelling
units
Minimum 12 feet wide when the drive-aisle is not required for
emergency vehicle access, as determined by the Fire Chief. N/A If the drive-aisle is required for emergency vehicle access, it shall be a minimum of 20 feet wide.
4 or more
dwelling
units
Minimum 20 feet wide.
The project complies. All private
drive aisles have a minimum clear
to the sky width of 24 feet.
All
projects
No parking shall be permitted within the minimum required
width of a drive-aisle.
The project complies. No parking is
proposed within the minimum
required width of the proposed
private drive-aisles.
A minimum 24-foot vehicle back-up/maneuvering area shall be
provided in front of garages, carports or uncovered parking
spaces (this may include driveway area, drive-aisles, and
streets).
The project complies. A minimum
24-foot vehicle backup/
maneuvering area is provided in
front of the proposed garages.
Additional width may be required for vehicle/emergency
vehicle maneuvering area.
The project complies. Fire truck
turning movements have been
incorporated into the design of the
drive aisles.
Parkways and/or sidewalks may be required. The project complies. Pedestrian
walkway connections are provided
throughout the project.
No more than 24 dwelling units shall be located along a single-
entry drive-aisle.
The project complies. No more
than 24 units are proposed along a
single-entry drive aisle.
All drive-aisles shall be enhanced with decorative pavement.
The project complies and provides
decorative pavement at the drive
aisle primary entries from the
private loop street.
C.6
Number of
Visitor
Parking
Spaces
Required (1)
Projects with 10 units or fewer A .30 space per each unit. The project complies. The project
provides an excess of visitor
parking. At 0.25 spaces/unit for 235
units, 59 visitor spaces are
required. The project provides 101
visitor parking spaces.
Projects 11 units or more A .25 space per each unit.
When calculating the required number of visitor parking spaces, if the
calculation results in a fractional parking space, the required number of
visitor parking spaces shall always be rounded up to the nearest whole
number.
C.7
Location of
Visitor
Parking
On
Private/
Public
Streets
On-street visitor parking is permitted on private/public streets,
subject to the following:
• The private/public street is a minimum 34-feet wide (curb-
to-curb)
• There are no restrictions that would prohibit on-street
parking where the visitor parking is proposed
• The visitor parking spaces may be located:
o Along one or both sides of any private/public street(s)
located within the project boundary, and
o Along the abutting side and portion of any existing
public/private street(s) that is contiguous to the project
boundary
The project complies – the private
street is 38 feet curb-to-curb, there
are no restrictions that would
prohibit on-street parking on the
private street, and parallel parking
is located on both sides of the
private street.
In parking bays along public/private streets within the project
boundary, provided the parking bays are outside the minimum
required street right-of-way width.
N/A. The project does not propose
parking bays.
When visitor parking is provided as on-street parallel parking,
not less than 24 lineal feet per space, exclusive of
driveway/drive-aisle entrances and aprons, shall be provided
for each parking space, except where parallel parking spaces
are located immediately adjacent to driveway/drive-aisle
aprons, then 20 lineal feet may be provided.
The project complies. Parallel on-
street parking spaces are a
minimum of 20’ or 24’ long in the
appropriate locations.
Within the Beach Area Overlay Zone, on-street parking shall not
count toward meeting the visitor parking requirement.
N/A
On Drive-
aisles
Visitor parking must be provided in parking bays that are
located outside the required minimum drive-aisle width.
N/A. There is no visitor parking
proposed within the drive aisles.
On a
Driveway
Outside
the Beach
Area
Overlay
Zone
One required visitor parking space may be credited
for each driveway in a project that has a depth of
40 feet or more.
N/A
For projects with 10 or fewer units, all required
visitor parking may be located within driveways
(located in front of a unit’s garage), provided that
all dwelling units in the project have driveways with
a depth of 20 feet or more.
N/A
Within
the Beach
Area
Overlay
Zone
One required visitor parking space may be credited
for each driveway in a project that has a depth of
40 feet or more.
N/A
If the streets within and/or adjacent to the project
allow for on-street parking on both sides of the
street, then visitor parking may be located in a
driveway, subject to the following:
• All required visitor parking may be located
within driveways (located in front of a unit’s
garage), provided that all dwelling units in the
project have driveways with a depth of 20 feet or more.
• If less than 100% of the driveways in a project
have a depth of 20 feet or more, then a .25
visitor parking space will be credited for each
driveway in a project that has a depth of 20 feet
or more (calculations resulting in a fractional
parking space credit shall always be rounded
down to the nearest whole number).
N/A
All
projects
The minimum driveway depth required for visitor
parking (20 feet or 40 feet) applies to driveways for
front or side-loaded garages, and is measured from
the property line, back of sidewalk, or from the
edge of the drive-aisle, whichever is closest to the
structure.
N/A
Compact
Parking
For projects of more than 25 units, up to 25% of visitor parking
may be provided as compact spaces (8 feet by 15 feet). No
overhang is permitted into any required setback area or over
sidewalks less than 6 feet wide.
N/A. The project proposes full size
parking spaces.
For all projects within the Beach Area Overlay Zone, up to 55%
of the visitor parking may be provided as compact spaces (8
feet by 15 feet).
N/A
Distance
from unit
Visitor parking spaces must be located no more than 300 feet
as measured in a logical walking path from the entrance of the
unit it could be considered to serve.
The project complies. Visitor
parking is located along both sides
of the street throughout the
residential area, and therefore all
spaces are within 300 feet of
the units they could potentially serve.
C.8
Screening
of Parking
Areas
Open parking areas should be screened from adjacent residences and
public rights-of-way by either a view-obscuring wall, landscaped berm, or
landscaping, except parking located within a driveway.
There are no proposed open
parking areas for the residential
project.
C.9
Community
Recreational
Space (1)
Community recreational space shall be provided for all projects of 11 or
more dwelling units, as follows:
The project complies. The project is
not within the R-23 General Plan
land use designation so 200 sf per
unit of Community Recreational
space is required. For the proposed
235 units, 47,000 sf is required.
The project proposes 52,394 sf.
Minimum community
recreational space
required
Project is NOT within
R-23 general plan
designation
200 square feet per unit
Project IS within R-23
general plan
designation
150 square feet per unit
Projects with 11 to
25 dwelling units
Community recreational space shall be provided as
either (or both) passive or active recreation
facilities.
N/A
Projects with 26 or
more dwelling units
Community recreational space shall be provided as
both passive and active recreational facilities with a
minimum of 75% of the area allocated for active
facilities.
The project complies. See below.
Projects with 50 or
more dwelling units
Community recreational space shall be provided as
both passive and active recreational facilities for a
variety of age groups (a minimum of 75% of the
area allocated for active facilities).
The project complies. The project includes 235 dwelling units. As a
result, 35,250 square feet of active
recreation space is required. The
project proposes 35,965 square
feet (77%) of active recreation
spaces including a tot lot with play
structure, grassy play with slope of
less than 5% and greater than
10,000 square feet in area, bocce
ball courts and cornhole area.
For projects consisting of one-family dwellings or
twin homes on small-lots, at least 25% of the community recreation space must be provided as
pocket parks.
• Pocket park lots must have a minimum width of
50 feet and be located at strategic locations
such as street intersections (especially “T-
N/A
intersections”) and where open space vistas
may be achieved.
All projects
(with 11 or more
dwelling units)
Community recreational space shall be located and
designed so as to be functional, usable, and easily
accessible from the units it is intended to serve.
Project complies. Community
recreational spaces are located
throughout the development and
are functional, usable, and easily
accessible from the units they
serve.
Credit for indoor recreation facilities shall not
exceed 25% of the required community recreation
area.
N/A
Required community recreation areas shall not be
located in any required front yard and may not
include any streets, drive-aisles, driveways, parking
areas, storage areas, slopes of 5% or greater, or
walkways (except those walkways that are clearly
integral to the design of the recreation area).
N/A
Recreation Area
Parking
In addition to required resident and visitor parking,
recreation area parking shall be provided, as
follows: 1 space for each 15 residential units, or
fraction thereof, for units located more than 1,000
feet from a community recreation area.
N/A. Units are located within 1,000
feet of a community recreation
area.
The location of recreation area parking shall be
subject to the same location requirements as for
visitor parking, except that required recreation
area parking shall not be located within a
driveway(s).
N/A.
Examples of recreation facilities include, but are not limited to, the following:
Active
Swimming pool area
Children’s playground equipment
Spa
Courts (tennis, racquetball, volleyball, basketball)
Recreation rooms or buildings
Horseshoe pits
Pitch and putt
Grassy play areas with a slope of less than 5% (minimum area of 5,000 square feet and a
minimum dimension of 50 feet)
Any other facility deemed by the City Planner to satisfy the intent of providing active
recreational facilities
Passive
Benches
Barbecues
Community gardens
Grassy play areas with a slope of less than 5%
C.10 Lighting Lighting adequate for pedestrian and vehicular safety shall be provided.
Project complies. Pedestrian scaled
path lighting will be installed along
the pedestrian walkways, and
adequate lighting will be provided
for vehicular safety on the private
street and drive aisles.
C.11 Reserved
C.12
Recreational
Vehicle (RV)
Storage (1)
Required for projects with 100 or more units, or a master or specific plan
with 100 or more planned development units. Exception: RV storage is
not required for projects located within the R-15 or R-23 land use
designations. N/A. RV storage is not required
because the project is within the R-
15 land use designation.
20 square feet per unit, not to include area required for driveways and
approaches.
Developments located within master plans or residential specific plans
may have this requirement met by the common RV storage area provided
by the master plan or residential specific plan.
RV storage areas shall be designed to accommodate recreational vehicles
of various sizes (i.e. motorhomes, campers, boats, personal watercraft,
etc.).
N/A
The storage of recreational vehicles shall be prohibited in the front yard setback and on any public or private streets or any other area visible to the
public. A provision containing this restriction shall be included in the
covenants, conditions and restrictions for the project. All RV storage areas
shall be screened from adjacent residences and public rights-of-way by a
view-obscuring wall and landscaping.
N/A
C.13 Storage
Space
480 cubic feet of separate storage space per unit. Each unit proposes a two-car
garage (20 ft. x 20 ft. minimum
interior space), which satisfies the
storage space requirement.
If all storage for each unit is located in one area, the space may be reduced
to 392 cubic feet.
Required storage space shall be separately enclosed for each unit and be
conveniently accessible to the outdoors. N/A
Required storage space may be designed as an enlargement of a covered
parking structure provided it does not extend into the area of the required
parking stall, and does not impede the ability to utilize the parking stall (for
vehicle parking).
N/A
A garage (12’x20’ one-car, 20’x20’ two-car, or larger) satisfies the required
storage space per unit. Complies – see above.
This requirement is in addition to closets and other indoor storage areas. N/A
(1) This standard does not apply to housing for senior citizens (see Chapter 21.84 of this code).
PLANNED DEVELOPMENTS (CMC SECTION 21.45.080)
TABLE E: CONDOMINIUM PROJECTS
REF.
NO. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT
E.1
Livable
Neighborhood
Policy
Must comply with City Council Policy 66, Principles for the Development
of Livable Neighborhoods. SEE SEPARATE COMPLIANCE CHART
E.2 Architectural
Requirements
One-family and
two-family
dwellings
Must comply with City Council Policy 44, Neighborhood
Architectural Design Guidelines N/A
Multiple-family
dwellings
There shall be at least three separate building planes on
all building elevations. The minimum offset in planes
shall be 18 inches and shall include, but not be limited
to, building walls, windows, and roofs.
The project complies. 100% of
townhomes include 3 planes a
minimum of 18” apart as demonstrated on Sheets AB 2.7 and AB
2.8 of the architectural plans.
All building elevations shall incorporate a minimum of
four complimentary design elements, including but not
limited to:
•A variety of roof planes;
•Windows and doors recessed a minimum of 2 inches;
•Decorative window or door frames;
•Exposed roof rafter tails;
•Dormers;
•Columns;
•Arched elements;
•Varied window shapes;
•Exterior wood elements;
•Accent materials such as brick, stone, shingles, wood,
or siding;
•Knee braces; and
•Towers.
All building elevations incorporate a
minimum of four complementary
design elements. The elevations for the
small and large townhome buildings
each include appropriate design
elements from a selection including
but not limited to lap siding, board and batten siding, varied window shapes,
exposed rafter tails, decorative
window shutters and barn doors, wood
kickers/knee braces, and wood, metal
or glass railings.
E.3 Maximum
Coverage 60% of total project net developable acreage. Project complies with building
coverage at 30%.
E.4 Maximum
Building Height
Same as required by the underlying zone, and not to exceed three stories
(1)(7)
The project complies with three-story
buildings that comply with the RD-M
height limit of 35’.
Projects
within the R-
23 general
plan
designation
(1)(7)
40 feet, if roof pitch is 3:12 or greater
N/A
35 feet, if roof pitch is less than 3:12
Building height shall not exceed three stories
E.5
Minimum
Building
Setbacks
From a
private or
public
street(2)(3)
Residential
structure 10 feet The project does not provide a 10’
setback from the private street edge of
the right-of-way but does provide a 10’
landscaped buffer with meandering
sidewalk between the buildings and
the street edge. A density bonus
waiver of the 10’ setback is requested
per CMC Section 21.86.060.
Direct entry
garage 20 feet
From a drive-
aisle(4)
Residential
structure
(except as
specified
below)
5 feet, fully landscaped (walkways
providing access to dwelling entryways
may be located within required
landscaped area)
Project complies.
ATTACHMENT 3B
PLANNED DEVELOPMENTS (CMC SECTION 21.45.080)
TABLE E: CONDOMINIUM PROJECTS
REF.
NO. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT
Residential
structure –
directly
above a
garage
0 feet when projecting over the front of a
garage. Project complies.
Garage
3 feet
Project complies. Garages facing directly onto a drive-aisle
shall be equipped with an automatic
garage door opener.
Projects of 25
units or less
within the R-
15 and R-23
general plan
designations
0 feet (residential structure and garage) N/A
Garages facing directly onto a drive-aisle
shall be equipped with an automatic
garage door opener.
N/A
Balconies/deck
s (unenclosed
and
uncovered)
0 feet
Project complies.
May cantilever over a drive-aisle,
provided the balcony/deck complies with
all other applicable requirements, such
as:
• Setbacks from property lines
• Building separation
• Fire and Engineering Department requirements
From the perimeter property
lines of the project site (not
adjacent to a public/private
street)
The building setback from an interior side
or rear perimeter property line shall be
the same as required by the underlying
zone for an interior side or rear yard
setback.
The project complies. The setbacks
from property lines far exceed the
underlying RD-M zone requirements.
E.6
Minimum
Building
Separation
10 feet The project complies. All buildings
have a 10 foot or greater separation.
E.7 Resident
Parking (6)
All dwelling
types
If a project is located within the R-23 general plan
designation, resident parking shall be provided as
specified below, and may also be provided as follows:
• 25% of the units in the project may include a tandem
two-car garage (minimum 12 feet x 40 feet).
• Calculations for this provision resulting in a fractional
unit may be rounded up to the next whole number.
N/A
One-family
and two-family
dwellings
2 spaces per unit, provided as either:
• a two-car garage (minimum 20 feet x 20 feet), or
• 2 separate one-car garages (minimum 12 feet x 20
feet each)
• In the R-W Zone, the 2 required parking spaces may
be provided as 1 covered space and 1 uncovered
space (5)
N/A
Multiple-
family dwellings
Studio and
one-bedroom units
1.5 spaces per unit, 1 of which must be
covered (5)
N/A When calculating the required number of
parking spaces, if the calculation results
in a fractional parking space, the
required number of parking spaces shall
PLANNED DEVELOPMENTS (CMC SECTION 21.45.080)
TABLE E: CONDOMINIUM PROJECTS
REF.
NO. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT
always be rounded up to the nearest
whole number.
Units with two
or more
bedrooms
2 spaces per unit, provided as either:
• a one-car garage (12 feet x 20 feet)
and 1 covered or uncovered space; or
(5)
• a two-car garage (minimum 20 feet x
20 feet), or
• 2 separate one-car garages (minimum
12 feet x 20 feet each)
• In the R-W Zone and the Beach Area
Overlay Zone, the 2 required parking
spaces may be provided as 1 covered
space and 1 uncovered space (5)
The project complies. All units have a
two-car garage.
Required parking may be provided within an enclosed
parking garage with multiple, open parking spaces,
subject to the following:
• Each parking space shall maintain a standard stall size
of 8.5 feet by 20 feet, exclusive of supporting
columns; and
• A backup distance of 24 feet shall be maintained in
addition to a minimum 5 feet turning bump-out
located at the end of any stall series.
N/A
Required resident parking spaces shall be located no
more than 150 feet as measured in a logical walking
path from the entrance of the units it could be
considered to serve.
The project complies. All resident
parking is located within a two-car
garage and is less than 150’ from the
unit it serves.
E.8
Private
Recreational
Space
One-family,
two-family,
and multiple-
family
dwellings
Required private recreational space shall be designed so
as to be functional, usable, and easily accessible from
the dwelling it is intended to serve.
The project complies. Private
recreational space is located with each
townhome unit at patios/balconies or
on roof decks of a size that is usable
and is easily accessible.
Required private recreational space shall be located
adjacent to the unit the area is intended to serve. See above.
Required private recreational space shall not be located
within any required front yard setback area, and may not
include any driveways, parking areas, storage areas, or
common walkways.
No private recreational space is
located in these areas.
One-family
and two-
family
dwellings
Minimum
total area
per unit
Projects not within the R-
15 or R-23 general plan
designations
400 square
feet
N/A Projects within the R-15 or
R-23 general plan
designations
200 square
feet
May consist of more than one recreational space. N/A
May be provided at ground level and/or as a
deck/balcony on a second/third floor or roof. N/A
If provided
at ground
level
Minimum
dimension
Not within
the R-15 or R-
23 general
15 feet N/A
PLANNED DEVELOPMENTS (CMC SECTION 21.45.080)
TABLE E: CONDOMINIUM PROJECTS
REF.
NO. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT
plan
designations
Within the R-
15 or R-23
general plan
designations
10 feet
Shall not have a slope gradient greater
than 5%. N/A
Attached solid patio covers and
decks/balconies may project into a
required private recreational space,
subject to the following:
• The depth of the projection shall not
exceed 6 feet (measured from the
wall of the dwelling that is contiguous
to the patio/deck/balcony).
The length of the projection shall not be
limited, except as required by any
setback or lot coverage standards.
N/A
Open or lattice-top patio covers may be
located within the required private
recreation space (provided the patio
cover complies with all applicable
standards, including the required
setbacks).
N/A
If provided
above ground
level as a
deck/ balcony
or roof deck
Minimum dimension 6 feet
N/A
Minimum area 60 square
feet
Multiple-family
dwellings
Minimum total area per unit (patio,
porch, or balcony)
60 square
feet
The project complies. All the porches
and roof decks are greater than 60
square feet in area.
Minimum dimension of patio, porch or
balcony 6 feet The project complies. All the porches
and roof decks are at least 6’ in width.
Projects of 11 or more units that are within the R-23
general plan designation may opt to provide an
additional 75 square feet of community recreation space
per unit (subject to the standards specified in Table C of
this Chapter), in lieu of providing the per unit private recreational space specified above.
N/A
(1) If a project is located within the Beach Area Overlay Zone, building height shall be subject to the requirements of Chapter 21.82 of this
code.
(2) See Table C in Section 21.45.060 for required setbacks from an arterial street.
(3) Building setbacks shall be measured from the outside edge of the required street right-of-way width, whichever is closest to the building.
(4) Building setbacks shall be measured from one of the following (whichever is closest to the building): a) the outside edge of the required
drive-aisle width; b) the back of sidewalk; or c) the nearest side of a parking bay located contiguous to a drive-aisle (excluding parking
located in a driveway in front of a unit’s garage).
(5) Any uncovered required parking space in the R-W zone may be located within a required front yard setback and may be tandem.
(6) This standard does not apply to housing for senior citizens (see Chapter 21.84 of this code).
(7) Protrusions above the height limit shall be allowed pursuant to Section 21.46.020 of this code. Such protrusions include protective
barriers for balconies and roof decks.
CITY COUNCIL POLICY 66 – LIVABLE NEIGHBORHOODS
Principle Compliance Comments
1 Building Facades, Front Entries, Porches
Facades create interest and character and should be varied and articulated to provide visual interest to pedestrians. Clearly identifiable front doors and porches enhance the street scene and create opportunities for greater social interaction within the neighborhood. Building entries and windows should face the street. Front porches, bay windows, courtyards and balconies are encouraged.
Building facades provide varying planes, colors and materials which enhance the visual interest for pedestrians and visitors to the community. Each unit provides a clearly identifiable front door with porches. The townhomes are arranged in a manner where the front porches and windows face inward toward the neighboring townhomes across an inviting walkway to enhance the sociability of the community and create a more internal pedestrian experience. Front porches, larger first floor windows, gathering areas and balconies are provided.
2 Garages
Homes should be designed to feature the residence as the prominent part of the structure in relation to the street. A variety of garage configurations should be used to improve the street scene. This may include tandem garages, side-loaded garages, front-loaded garages, alley-loaded garages and recessed garages.
The townhomes are not oriented toward the street. Since the garages are located off of drive aisles, the actual private street scene is not inundated with garage fronts. All garages are accessed via a drive aisle and are setback from the drive aisle three feet. There are no tandem or side‐loaded garages.
3 Street Design
An interconnected, modified (grid) street pattern should be
incorporated into project designs when there are no topographic or environmental constraints. Interconnected streets provide
pedestrians and automobiles many alternative routes to follow, disperse traffic and reduce the volume of cars on any one street in the neighborhood. Streets should be designed to provide both vehicular and pedestrian connectivity by minimizing the use of cul-
de-sacs.
The street network should also be designed to create a safer, more
comfortable pedestrian and bicycling environment. Local residential streets should have travel and parking lanes, be sufficiently narrow to slow traffic, provide adequate access for emergency and service vehicles and emergency evacuation routes
for residents and include parkways with trees to form a pleasing canopy over the street. Local residential streets are the public open
space in which children often play and around which neighborhoods interact. Within this context, vehicular movement should be additionally influenced through the use of City-accepted designs for traffic calming measures.
The primary looped street provides interconnectivity throughout the
community with sidewalks on both sides of the street connected to a
variety of pedestrian access ways through the townhome area. These sidewalks and access ways also connect to the recreational
opportunities as well as the specialty commercial area. The looped private
street provides vehicles with an alternative route to access the townhomes and disperse vehicles to two points of ingress and egress. The
private loop street provides a meandering landscaped parkway with
ample shade trees adjacent to the street and sidewalk. Sidewalks on both sides of the street provide a safe route for pedestrians. The private loop street
provides parking on both sides and the street is narrower than public streets
thus slowing traffic. Adequate street width is provided for emergency vehicles. The private loop street meets the city‐accepted design parameters.
ATTACHMENT 3C
4 Parkways
Street trees should be planted in the parkways along all streets. Tree species should be selected to create a unified image for the street, provide an effective canopy, avoid sidewalk damage and minimize water consumption.
Street trees are provided within the parkways and were carefully selected to meet the criteria specified in this policy.
5 Pedestrian Walkways
Pedestrian walkways should be located along or visible from all streets. Walkways (sidewalks or trails) should provide clear, comfortable and direct access to neighborhood schools, parks/plazas and transit stops. Primary pedestrian routes should be bordered by residential fronts, parks or plazas. Where street connections are not feasible (at the end of cul-de-sacs), pedestrian paths should also be provided.
Sidewalks are provided on both sides of the private loop street. Pedestrian walkways are provided throughout the community between the townhomes where the fronts of the homes face toward the walkways thus creating a safer and socially enhanced pedestrian experience. Sidewalks are provided to El Camino Real where there are bus stops and opportunities to walk to the Kelly Elementary school on Kelly Drive. Internally there are pedestrian opportunities throughout the community to walk to various recreational amenities, the Urban Farm, the retail shop and restaurant.
6 Centralized Community Recreation Areas
Park or plazas, which serve as neighborhood meeting places and as recreational activity centers should be incorporated into all planned unit developments. As frequently as possible, these parks/plazas should be designed for both active and passive uses for residents of
all ages and should be centrally located within the project. Parks and plazas should be not be sited on residual parcels, used as buffers from surrounding developments or to separate buildings from streets.
The community provides two active
recreational areas and six various smaller passives areas for recreational opportunities. The primary active area is centrally located and provides direct
pedestrian access to the restaurant and retail area. These active and passive use areas are suited for residents of all ages and include grassy play areas, bocce ball and cornhole, a tot lot with play structures for children, a dog run,
patio covers and barbecue areas, and quiet areas with benches for those seeking peace and quiet. All areas are easily accessible from either the private street sidewalk system or pedestrian pathways.
ELCAMINOREAL
VIAHINTONAMBERWOODCT
LISA STCINDY AVJULIE PLWELLSPRINGSTHILLS ID E DR WEST RANCH STPARK DR
LAPAZCT
ROBERTSON RD
LOMALAGUNADRVIAAREQUIPAKELLYDRVIAMARTAMarja AcresCT 16-07 / PUD 16-09 / PUD 2018-0007 / SDP 2018-0001 / CDP 16-33 /HDP 16-02 / SUP 16-02 / EIR 2017-0001 (DEV16038)
SITE MAP
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ATTACHMENT 4
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL
APPROVE AN ALLOCATION FROM THE EXCESS DWELLING UNIT BANK FOR
RESIDENTIAL PROPERTIES DESCRIBED HEREIN AND FOR WHICH A
RESIDENTIAL LAND USE CHANGE IS RECOMMENDED FOR APPROVAL PER
PLANNING COMMISSION RESOLUTION NO. 7112.
CASE NAME: GENERAL PLAN UPDATE
CASE NO.: GPA 07-02
WHEREAS, the City Planner has filed a verified application with the City of Carlsbad
regarding a comprehensive update to the city’s General Plan, which affects properties citywide; and
WHEREAS, per City Council direction at its meeting of September 11, 2012 and November
5, 2013, staff utilized the Preferred Plan in the preparation of the General Plan update, and said Preferred
Plan and City Council direction included proposals to increase allowed residential densities on various
properties; and
WHEREAS, to approve any of the proposed residential density increases requires an
allocation of units from the city’s Excess Dwelling Unit Bank as established in City Council Policy No. 43;
and
WHEREAS, City Council Policy No. 43 identifies that an allocation of excess dwelling units
is an “incentive”, as defined by Carlsbad Municipal Code (CMC) Section 21.86.020.A.12 and Government
Code Section 65915(k), in that it is a regulatory concession that modifies the requirements of CMC Chapter
21.90 by permitting development with more dwelling units than otherwise permitted by the growth
management control point established in CMC Chapter 21.90; the allocation of excess dwelling units to a
property will permit more dwelling units on a site than would otherwise be allowed by the existing
underlying General Plan land use designation, which reduces land cost per dwelling unit and results in
identifiable, financially sufficient and actual cost reductions to development of the property; and
WHEREAS, City Council Policy No. 43 requires, in return for the incentive of receiving an
allocation of excess dwelling units, that a percentage of the housing units developed on a site, which has
been subject to an allocation of excess dwelling units, be provided at a cost affordable to lower income
PLANNING COMMISSION RESOLUTION NO. 7114
ATTACHMENT 6
PC RESO NO. 7114 -2-
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households per the city’s Inclusionary Housing Ordinance (CMC Chapter 21.85) or as otherwise specified
by the decision-maker; and
Whereas, staff and the Planning Commission recommend that excess dwelling units be
allocated to properties as identified in Table A below and as further described in Attachment 8 of the
Planning Commission Staff Report dated July 18, 2015:
TABLE A – RECOMMENDED ALLOCATION OF EXCESS DWELLING UNITS
Quadrant Site Name
Assessor’s
Parcel
Number
Recommended Land Use Changes Units to be
Allocated
from EDUB From
(Existing)
To
(Recommended)
Northeast
Basin BJ 168-05-036 RLM/OS R-30/OS 94
Robertson Ranch
PA22 168-360-16 O/OS R-23/OS
(20 du/ac. min.) 98
Sunny Creek
Commercial 209-090-11 L (17.6 ac.)
L (8ac.)
R-15 (9.6 ac. @
12 du/ac. min.)
115
Northwest Marja Residential 207-101-35 RLM R-15
(12 du/ac. min.) 100
Southeast La Costa Town Square 223-060-61 O R-23 120
Southwest
Aviara Farms 212-040-56 UA R-30 224
Ponto Residential 216-140-43 UA R-23 124
Ponto Mixed Use UA GC 12
TOTAL 887
WHEREAS, the Planning Commission did on July 18, 2015, hold a duly noticed public
hearing and received public testimony and thereafter continued said public hearing to July 22, 23 and 24,
2015, as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all evidence relating to
the General Plan Amendment and proposed residential land use changes.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad that:
A) The foregoing recitations are true and correct.
B) Based on the evidence presented at the public hearing and based on the following
findings, the Planning Commission RECOMMENDS:
PC RESO NO. 7114 -3-
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1) THAT THE CITY COUNCIL APPROVE THE ALLOCATION OF EXCESS DWELLING
UNITS PER TABLE A OF THIS RESOLUTION, SUPPORTED BY THE FINDINGS
BELOW.
Findings:
1. The location and density of the sites to be allocated excess dwelling units are compatible with
existing adjacent residential neighborhoods and/or nearby existing or planned uses in that the
sites: are within close proximity to neighborhood services (shopping, employment, parks,
schools, etc.); are not located in areas that contain significant natural or manmade hazards; are
adjacent to or near properties with similar densities.
2. The location and density of the sites are in accordance with the applicable provisions of the
General Plan and any other applicable planning document in that the allocation of excess
dwelling units will enable implementation of the land use designations proposed by the General
Plan update and the sites help to ensure the availability of sufficient land in all residential
densities to accommodate varied housing types to meet Carlsbad’s 2010-2020 Regional Housing
Needs Assessment (RHNA), as identified in the Housing Element.
3. The proposed residential land use changes comply with the findings stated in the General Plan for
projects that exceed the growth management control point for the applicable density range in
that the General Plan EIR did not identify any significant impacts to public facilities resulting
from buildout of the subject properties at the proposed densities; and future development at
the proposed densities will be subject to the city’s growth management ordinance, which
requires the provision of adequate public facilities concurrent with development; and the
proposed densities will not result in exceeding any quadrant dwelling limit.
NOW, THEREFORE, the Planning Commission of the City of Carlsbad resolves that:
A) The density increases provided in Table A herein are substantial and well above the density
bonus limits established by Carlsbad Municipal Code (CMC) Section 21.86.030.B, and constitute
an “offset” as defined by Carlsbad Municipal Code (CMC) Section 21.85.020. In exchange for
making such offset available, the city council finds it is appropriate to require, in accordance
with Carlsbad Municipal Code (CMC) Section 21.85.100, any residential development (rental or
for-sale) on the properties identified in Table A of this resolution to enter into an affordable
housing agreement with the City of Carlsbad to provide a minimum of 20 percent of the total
housing units on the site of the residential development as affordable to lower income
households at 80% or below the San Diego County Area Median Income. At the sole discretion
of the City of Carlsbad and following completion of an alternate public benefit analysis, any
residential development (rental or for-sale) on the properties identified in Table A of this
resolution may be permitted to produce affordable housing units on the site of the residential
development that meet one of the following minimum requirements as an alternative to satisfy
the lower income affordable housing requirement set forth above:
1. A minimum of 15 percent of the total projects housing units shall be affordable to lower
income households at 80% or below the San Diego County Area Median Income and an
additional 10 percent shall be affordable to moderate income households at 100% or below
of the San Diego County Area Median Income; or
PC RESO NO. 7114 -4-
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2.A minimum of 15 percent of the total project housing units shall be affordable to very low
income households at 50% or below the San Diego County Area Median Income.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on July24, 2015 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ORIA SCULLY, Chairperso
Chairperson Scully, Commissioner Anderson, Black, L'Heureux,
Montgomery, Segall and Siekmann
CARLSBAD PLANNING COMMISSION
ATIEST:
Qm~
DON NEU
City Planner
PC RESO NO. 7114 -5-