HomeMy WebLinkAbout2022-06-01; Planning Commission; ; PUD 2021-0006/SDP 2021-0018/CDP 2021-0036/MS 2021-0004 (DEV2021-0145) - ACACIA BEACH HOMESltemNo. G)
P.C. AGENDA OF: June 1, 2022
Application complete date: Feb. 24, 2022
Project Planner: Paul Dan
Project Engineer: Emad Elias
SUBJECT: PUD 2021-0006/SDP 2021-0018/CDP 2021-0036/MS 2021-0004 (DEV2021-0145) -
ACACIA BEACH HOMES -Request for approval of a Planned Development Permit, Site
Development Plan, Coastal Development Permit, and Tentative Parcel Map to demolish
two existing residential units and construct a three-unit, residential air-space
condominium project on a 0.20-acre site located at 245-245.5 Acacia Avenue, within the
Mello II segment of the Local Coastal Program and Local Facilities Management Zone 1.
The project site is located outside the appealable area of the California Coastal
Commission. The City Planner has determined that this project is exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to Section
15332 "In-Fill Development Projects" of the State CEQA Guidelines and will not have any
adverse significant impact on the environment.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 7448 APPROVING PUD 2021-
0006/SDP 2021-0018/CDP 2021-0036/MS 2021-0004 based upon the findings and subject to the
conditions contained therein.
II. PROJECT DESCRIPTION AND BACKGROUND
The subject site is a 0.20-acre infill site located at 245-245.5 Acacia Avenue within the Mello II Segment of
the Local Coastal Program and Beach Area Overlay Zone (BAOZ}. The topography of the property is overall
flat and is currently developed with two residential units. The proposed project includes the demolition
of the two existing residential units to develop three new air-space condominiums. The development of
the proposed three-unit air-space condominiums require the processing and approval of a Planned
Development Permit, Site Development Plan, Coastal Development Permit and Tentative Parcel Map. The
subdivision is considered minor and requires a parcel map because it involves the division of land into
four or fewer condominiums. The underlying lot will be held in common interest between the three
property owners. Access to each of the units will be provided by private drive aisle off Acacia Avenue
which includes, but is not limited to, 24-foot-wide driveway, guest parking, and common landscaped
areas. Each unit has an attached two-car garage, and the site will provide three uncovered or visitor
parking spaces. A breakdown of each type of unit is summarized in Table A below.
TABLE A-DETAILS FOR UNITTYPE
Units Size in SF (including garage) Bedrooms Bathrooms Private Open Space
1 3,026 3 3.5 596 sq.ft.
2 3,089 3 3.5 714 sq.ft.
3 3,026 3 3.5 976 sq.ft.
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All units are three stories with an overall building height of 30 feet. All units include private deck areas off
the second and third floors and exclusive backyards on the ground level. The architectural design of the
project is beach contemporary featuring rectangular massing, gable roofs, balconies and variations in
building facades. This type of architecture is common in the neighborhood. Primary building materials
include white smooth stucco, grey horizontal siding (Hardie plank and aluminum), and brick accents. Dark
gray composite asphalt shingles cover a 3:12-pitched roof on each building at a maximum height of 30
feet. The project proposes the construction of three detached, three-story residential air-space
condominiums.
The proposed project complies with the Multi-Family Residential zoning and land use designation. Table
B below includes the General Plan designations, zoning and current land uses of the project site and
surrounding properties.
TABLE B-SITE AND SURROUNDING LAND USE
location General Plan Designation Zoning Current land Use
R-23 Residential (15-23 Multiple-Family Residential (R-3) Two-unit multi-family
Site du/ac) within Beach Area Overlay Zone residence
(BAOZ)
North R-23 R-3 within BAOZ Multi-family residential
South R-23 R-3 within BAOZ Multi-family residential
East R-23 R-3 within BAOZ Multi-family residential
West R-23 R-3 within BAOZ Duplex/Single-Family
Residence
The project meets the City's standards for planned developments and subdivisions, and as designed and
conditioned, is in compliance with the General Plan, Subdivision Ordinance, and relevant zoning
regulations of the Carlsbad Municipal Code (CMC).
Ill. ANALYSIS
The project is subject to the following plans, ordinances, and policies:
A. R-23 Residential General Plan Land Use Designation;
8. Multiple-Family Residential (R-3) Zone, Planned Development Regulations and Beach Area
Overlay Zone (BAOZ) (CMC Chapters 21.16, 21.45 and 21.82) and City Council Policy No. 66
(Livable Neighborhoods);
C. Coastal Development Regulations for the Mello II Segment of the Local Coastal Program (CMC
Chapter 21.201) and the Coastal Resource Protection Overlay Zone (CMC Chapter 21.203);
D. Subdivision Ordinance (CMC Title 20);
E. lnclusionary Housing Ordinance (CMC Chapter 21.85); and
F. Growth Management Ordinance (CMC Chapter 21.90), Local Facilities Management Plan Zone 1
The recommendation for approval of this project was developed by analyzing the project's consistency
with the applicable plans, ordinances, and policies. The project's compliance with each of the above
regulations is discussed in detail in the sections below.
A. R-23 Residential General Plan Land Use Designation
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The General Plan land Use designation for the property is R-23 Residential, which allows residential
development at a density range of 15-23 dwelling units per acre (du/ac). The project site has a net
developable acreage of 0.20 acres. The land use density allows for three to five units on the site.
Therefore, the three-unit residential development complies with the R-23 General Plan Land Use
designation for density. The R-23 General Plan Land Use designation for the property also has a Growth
Management Control Point (GMCP) of 19 du/ac. The GMCP is a tool utilized by the city to track anticipated
growth within the city and plan for future facility needs. In compliance with Senate Bill (SB) 330,
Government Code Section 66300 (b)(l)(D), and City Council actfon (Resolution No. 2021-074) the GMCP
cannot be used as a residential housing cap. At the GMCP, 3.8 dwelling units, or 4 when rounded up per
CMC Section 21.53.230(e), would be permitted on this 0.20 net-developable-acre property. Since the
project proposes three units and does not exceed the GMCP, no allocation of "excess" dwelling units is
necessary for tracking purposes.
The project also complies with the Elements of the General Plan as outlined in Table C below:
TABLE C-GENERAL PLAN COMPLIANCE
Element Use, Classification, Goal, Objective, or Proposed Uses & Improvements Comply? Program
Land Use Goal 2-G.3 The proposed three-unit residential Yes
Promote infill development that makes infill development makes efficient use
efficient use of limited land supply, of the existing lot in that it increases
whlle ensuring compatibility and the number of units from two to
integration with existing three. A three-unit development is
uses. Ensure that infill properties compatible with the surrounding
develop with uses and development development.
intensities supporting a cohesive
development pattern.
Policy 2-P .7 The three-unit residential project has
Do not permit residential development a density of 15 dwelling units per acre
below the minimum of the density which is within the R-23 Residential
range except in certain circumstances. density range of 15-23 du/ac and does
not exceed nor is below the density
range required for this land use
designation.
Policy 2-P.8 In compliance with Senate Bill (SB)
Do not permit residential development 330, Government Code Section 66300
to exceed the applicable Growth (b)(l)(D), and City Council action
Management Control Point (GMCP) (Resolution No. 2021-074) the GMCP
density unless certain findings are cannot be used as a resident ial
made. housing cap. Therefore, this policy is
not applicable.
Mobility Policy 3-P.S The proposed project has been Yes
designed to meet all of the circulation
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Element Use, Classification, Goal, Objective, or Proposed Uses & Improvements Comply? Program
Require developers to construct or pay requirements, including a single
their fair share toward improvements driveway access point off Acacia
for all travel modes consistent with the Avenue. In addition, the applicant will
Mobility Element, the Growth be required to pay traffic impact fees
Management Plan, and specific impacts prior to issuance of building perm it
associated with their development. that will go toward future road
improvements.
Noise Goal 5-G.2 The project consists of three Yes
Ensure that new development is residential condominiums designed as
compatible with the noise three detached air-space
environment, by continuing to use condominiums. A noise study
potential noise exposure as a criterion pre pa red for the project (Birdseye
in land use planning. Planning Group, June 2021) concluded
the project complies with the Noise
Policy 5.P.2 Guidelines Manual and applicable
Require a noise study analysis be General Plan policies. No project-
conducted for all discretionary specific conditions are required.
development proposals located where
projected noise exposure would be
other than "normally acceptable."
Housing Program 3.1 The project is conditioned to pay an Yes
For all ownership and qualifying rental in-lieu fee on a per unit basis for one
projects of fewer than seven units, unit if building permits for the three-
payment of a fee in lieu of inclusionary unit project are applied for within two
units is permitted. years of demolishing the existing two-
unit site.
Goal 10-G.l
New housing developed with diversity This housing development will help
of types, prices, tenures, densities, and ensure the city achieves its goal of
locations, and in sufficient quantity to contributing housing with diversity of
meet the demand of anticipated city types, prices, tenures, densities, and
and regional growth and to meet or locations, and in sufficient quantity to
exceed the city's established Regional meet the demand of anticipated city
Housing Needs Allocation (RHNA). and regional growth and to meet or
exceed the city's established Regiona l
Housing Needs Allocation (RHNA).
Per Government Code Section 65863
(aka No Net Loss Law) a city cannot
approve new housing at significantly
lower densities or at different income
categories than was projected in the
RHNA of the Housing Element without
making specific findings and
identifying other sites that could
accommodate these units and
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Element Use, Classification, Goal, Objective, or Proposed Uses & Improvements Comply? Program
affordability levels "lost" as a result of
the approval. The so-called "no net
loss" provisions apply when a site is
included in the jurisdiction's Housing
Element's inventory of sites and is
either rezoned to a lower residential
density or is approved at a lower
residential density t han shown in the
Housing Element.
The project site is not identified in the
City's General Plan Housing Element
Residential Sites Inventory for the 6th
RHNA Planning Cycle. Because the
provision of "no net loss" applies to
housing located on any site listed in
the City's Housing Element, the City
does not need to determine if this
project or a decision related to this
project would be subject to No Net
Loss Law and its remedies.
Public Goal 6-G.1 The proposed structural Yes
Safety Minimize injury, loss of life, and improvements will be required to be
damage to property resulting from fire, designed in conformance with all
flood, hazardous material release, or seismic design standards. In addition,
seismic disasters. the proposed project is consistent
with all the applicable fire safety
requirements including fire sprinklers.
Policy 6-P.6
Enforce the requirements of Titles 18, Furthermore, the project has been
20, and 21 pertaining to drainage and conditioned to develop and
flood control when reviewing implement a program of "best
applications for building permits and management practices" for the
subdivisions. elimination and reduction of
pollutants which enter into and/or are
Policy 6-P.34 transported within storm drainage
Enforce the Uniform Building and Fire facilities.
codes, adopted by the city, to provide
fire protection standards for all existing
and proposed structures.
Policy 6-P .39
Ensure all new development complies
with all applicable regulations
regarding the provision of public
utilities and facilities.
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B. Multiple-Family Residential (R-3) Zone, Planned Development Regulations, and Beach Area Overlay
Zone (BAOZ) (CMC Chapters 21.16, 21.45 and 21.82) and City Council Policy No. 66 (Livable
Neighborhoods)
The proposed project is required to comply with all applicable land use and development standards ofthe
Carlsbad Municipal Code (CMC) including the Multiple-Family Residential (R-3) Zone (CMC Chapter 21.16),
Planned Developments {CMC Chapter 21.45), and the Beach Area Overlay Zone (BAOZ) (CMC Chapter
21.82).
The three-unit, residential air-space condominium project meets or exceeds the requirements of the
BAOZ as outlined in Table D below. The Planned Development regulations provide most of the
development standards with the exception of those listed in the table below. The project complies with
all applicable development standards for Planned Developments (CMC Chapter 21.45). Please refer to
Exhibit No. 5 for an analysis of project compliance with Tables C & E of the Planned Development
regulations.
The project is also subject to City Council Policy No. 66 -livable Neighborhoods. Please refer to Exhibit
No. 6 for an analysis of project compliance with City Council Policy No. 66.
TABLED -BAOZ COMPLIANCE
BAOZ Standards Required Proposed Comply?
Building Height 30 feet with a minimum 3:12 roof 30 feet with 3:12 roof pitch Yes
pitch provided or 24 feet if less
than a 3:12 roof pitch is provided
Parking Projects with 10 dwelling units or 3 Visitor Parking Spaces Yes
less provide a 0.30 visitor parking
spaces per unit (3 units X 0.3 =
0.9)
C. Coastal Development Regulations for the Mello II Segment of the Local Coastal Program (CMC
Chapter 21.201) and the Coastal Resource Protection Overlay Zone (CMC Chapter 21.203)
1. Mello II Segment ofthe Certified Local Coastal Program and all applicable policies
The proposed site -is located in the Mello II Segment of the Local Coastal Program (LCP) and is
outside the appealable area of the California Coastal Commission. The project site has an LCP
Land Use designation of R-23 Residential and Zoning of R--3, which are consistent with the City's
General Plan and Zoning. The project's consistency With the R-23 General Plan Land Use
designation is analyzed in Section A, Table C above.
The project consists of the constructioh of three-unit, three-story air-space condominiums. The
proposed project is compatible with the surrounding development of multi-family residential
structures. The proposed three-story structures will not obstruct views of the coastline as seen
frorn public lands or the public right-of-way, nor otherwise damage the visual beauty of the
coastal zone. No agricultural uses currently exist on the previously graded site, nor are there any
sensitive resources located on t he developable portion of the site. The proposed project is not
located in an area of known geologic instability or flood hazard. Since the site does not have
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frontage along the coastline, no public opportunities for coastal shoreline access are available
from the subject site. Furthermore, the residentially designated site is not suited for water-
oriented recreation activities.
2. Coastal Resource Protection Overlay Zone
The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(CMC Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master
Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Destgn Manual and Jurisdictional
Runoff Management Program (JRMP) to avoid increased urban run-off, pollutants and soil
erosion. The subject property does not include steep slopes (equal to or greater than 25 percent
gradient} nor native vegetation. In addition, the site is not located in an area prone to landslides,
or susceptible to accelerated erosion, floods or liquefaction.
D. Subdivision Ordinance (CMC Title 20)
The Land Development Engineering Division has reviewed the proposed Tentative Parcel Map and has
found that the subdivision complies with all applicable requirements of the Subdivision Map Act and the
City's Subdivision Ordinance (Title 20} for Minor Subdivisions. The subdivision is considered minor
because it involves the division of land into four or fewer units (i.e., condominiums). The project has been
conditioned to install all infrastructure-related improvements and the necessary easements for these
improvements concurrent with the development.
E. lnclusionary Housing Ordinance (CMC Chapter 21.85)
For all residential development with fewer than seven units, the inclusionary housing requirement may
be satisfied through the payment of an inclusionary housing in-lieu fee. However, pursuant to Carlsbad
Municipal Code Section 21.85.030(D}(3), the construction of a new residential structure which replaces a
residential structure that was destroyed or demolished within two years prior to the application for a
building permit for the new residential structure is exempt from affordable housing requirements. The
proposal to demolish the existing twb residential units and construct three residential units has been
conditioned to pay the applicable housing in-lieu fee for the one additional unit, or three units if building
permits for the three•unit project has not been applied for after two years of demolishing the existing
homes.
F. Growth Management Ordinance (CMC Chapter 21.90), Local Facilities Management Plan Zone 1
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 E below.
TABLE E-GROWTH MANAGEMENT COMPLIANCE
Standard Impacts Comply
City Administration 6.95 sq. ft. Yes
Library 3.71sq. ft. Yes
Wastewater Treatment 3 EDU Yes
Parks 0.0224 acre Yes
Drainage 0.73 CFS Yes
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Standard Impacts Comply
Circulation 24ADT Yes
Fire Station No. 1 Yes
Schools Carlsbad Yes
Sewer Collection System 3 EDU Yes
Water 750 GPD Yes
IV. ENVIRONMENTAL REVIEW
The California Environmental Quality Act ("CEQA"), and its implementing regulations ("CEQA 0uidelines")
adopted by the Secretary of the California Natural Resources Agency, list classes of projects that have
been determined not to have a significant effect on the environment and as a result are exempt from
further environmental review under CEQA. City staff completed a review of the project and potential
environmental impacts associated with the project pursuant to CEQA and concluded that the project
qualified for an exemption Section 15332 (In-Fill Development Projects) Class 32 Categorical Exemption
of the State CEQA Guidelines. In making t his determinat ion, the City Planner has found that the exceptions
listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project, including "historical
resources." Specifically, the existing structures, which have an estimated age range of 40 to 96 years old
and are proposed to be demolished, are not included in a local register of historical resources, and a
qualified professional has determined that it does not meet the criteria for listing on the Cafifornia
Register of Historical Resources as detailed in the historic structures assessment prepared for the project
(Anza Resource Consultants, July 2021). A Notice of Exemption will be filed by the City Planner upon final
project approval.
A notice of lntended decision regarding the environmental determination was advertised on April 20, 2022
and posted on the city's website. The notice included a general description of the project, the proposed
environmental findings, and a general explanation of the matter to be considered. The findings and
determination contained in that notice was declared as final on the dc1te of the noticed decision, unless
appealed as provided by the procedures commencing in Chapter 21.S4 (Procedures, Hearings, Notices,
and Fees) of the Zoning Ordinance.
During the 10-day public review period, no appeal was filed regarding the prospective environmental
determination. Since no appeal was filed and no substantial evidence was submitted that would support
a finding that the exemption requirements would not be satisfied, the project was determined by the city
planner to not have a significant effect on the environment. The CEQA Determination letter is attached
to this staff report as Exhibit 4 and demonstrates that the project is categorically exempt from further
environmental review. The city planner's written decision is final and the CEQA determinat ion is not
within the Planning Commission's purview. With the appropriate environmental clearances in place, all
of the city's procedural requirements and relevant aspects of CEQA have been satisfied. In making this
determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA
Guidelines and Chapter 19.04 of the Municipal Code do not apply to this project, including "historical
resources."
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EXHIBITS:
1. Planning Commission Resolut,ion No. 7448
2. Location Map
3. Disclosure Statement
4. CEQA Determination of Exemption
5. Planned Development (CMC 21.45.060 & 21.45.080) Tables C & E
6. City Council Policy No. 66 Compliance Table
7. Reduced Exhibits
8. Full Size Exhibits "A" -"P" dated June 1, 2022
PLANNING COMMISSION RESOLUTION NO. 7448
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT
PERMIT, SITE DEVELOPMENT PLAN, COASTAL DEVELOPMENT PERMIT,
AND TENTATIVE PARCEL MAP TO DEMOLISH TWO EXISTING RESIDENTIAL
UNITS AND CONSTRUCT A THREE-UNIT, RESIDENTIAL AIR-SPACE
CONDOMINIUM PROJECT ON A 0.20-ACRE SITE LOCATED AT 245-245.5
ACACIA AVENUE, WITHIN THE MELLO II SEGMENT OF THE LOCAL
COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: ACACIA BEACH HOMES
CASE NO.: PUD 2021-0006 SDP 2021-0018/CDP 2021-0036
MS 2021-0004 (DEV2021-0145)
WHEREAS, RREG Investments Series LLC, "Developer/Owner," has filed a verified
application with the City of Carlsbad regarding property described as
The Northwesterly 150.00 feet of Lot 10 in Block "Q" of Palisades No. 2,
in the City of Carlsbad, County of San Diego, State of California,
according to map thereof no. 1803, filed in the Office of the County
Recorder of San Diego County, August 25, 1924
("the Property"); and
WHEREAS, said verified application constitutes a request for a Planned Development
Permit, Site Development Plan, Coastal development Permit, and Tentative Parcel Map as shown on
Exhibit(s) "A" -"P" dated June 1, 2022, on file in the Planning Division, PUD 2021-0006/SDP 2021-
0018/CDP 2021-0036/MS 2021-0004 -ACACIA BEACH HOMES, as provided by Chapter 21.06, 21.16,
21.45, 21.82, 21.203 and 20.24 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on June 1, 2022, hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the
Planned Development Permit, Site Development Plan, Coastal Development Permit, and Tentative Parcel
Map.
EXHIBIT 1
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission APPROVES
PUD 2021~0006/SDP 2021-0018/CDP 2021-0036/MS 2021-0004 -ACACIA BEACH
HOMES, based on the following findings and subject to the following conditions:
Findings:
Planned Development Permit {PUD 2021-0006)
1. The proposed project is consistent with the general plan, and complies with all applicable
provisions of this chapter, and all other applicable provisions of the Carlsbad Municipal Code, in
that the project's proposed density of 15 du/ac is within the R-23 density range of 15-23
dwelling units per acre {du/ac). The project is consistent with all remaining development and
design standards applicable to the property as contained in Chapters 21.16 {Multiple-Family
Residential Zone), 21.45 {Planned Developments), and 21.82 {Beach Area Overlay Zone) of the
Carlsbad Municipal Code.
2. The proposed project will not be detrimental to existing uses, or to uses specifically permitted in
the area in which the proposed use is to be located, and will not adversely impact the site,
surroundings, or traffic, in that the three-unit residential air-space condominium project is
compatible with the surrounding multi-family residential uses as permitted by the Multiple-
Family Residential {R-3) Zone; and does not create any traffic circulation impacts as Acacia
Avenue is adequately designed to accommodate the 24 average daily trips {ADT) being
generated.
3. The project will not adversely affect the public health, safety, or general welfare, in that the three-
unit residential air-space condominium project has been designed to comply with all applicable
development standards to ensure compatibility with surrounding multi-family residential uses.
Additionally, the proposed structural improvements will be required to comply with all seismic
design standards as well as all applicable fire safety requirements.
4. The project's design, including architecture, streets, and site layout a) contributes to the
community's overall aesthetic quality, b) includes the use of harmonious materials and colors,
and the appropriate use of landscaping, and c) achieves continuity among all elements of the
project, in that the three-unit, three-story residential air-space condominium project is
architecturally harmonious with the surrounding environment in that it is designed with a
modern-beach influence. Primary building materials include stucco, Hardie wood siding, and
brick veneer. Other finishes include open-style balconies, and a 3:12 pitch grey asphalt shingle
roof. All elements {i.e., site layout, architecture, landscaping) create continuity in the overall
project design.
PC RESO NO. 7448 -2-
Site Development Plan (SDP 2021-0018)
5. That the requested use is properly related to the site, surroundings and environmental settings,
is consistent with the various elements and objectives of the General Plan, will not be detrimental
to existing uses or to uses specifically permitted in the area in which the proposed use is to be
located, and will not adversely impact the site, surroundings or traffic circul~tion, in that the
General Plan Land Use designation for the property is R-23 Residential, which allows residential
development at a density range of 15-23 dwelling units per acre (du/ac) The project site has a
net developable acreage of 0.20 acres, which allows for three to five units on the site. Therefore,
the three-unit residential development complies with the R-23 General Plan Land Use
designation for density. The R-23 General Plan Land Use designation for the property also has a
Growth Management Control Point (GMCP) of 19 du/ac. The GMCP is a tool utilized by the city
to track anticipated growth within the city and plan for future facility needs. In compliance with
Senate Bill (SB) 330, Government Code Section 66300 (b)(l)(D), and City Council action
(Resolution No. 2021-074) the GMCP cannot be used as a residential housing cap. At the GMCP,
3.8 dwelling units, or 4 when rounded up per CMC Section 21.53.230(e), would be permitted on
this 0.20 net-developable-acre property. Since the project proposes three units and does not
exceed the GMCP, no allocation of "excess" dwelling units is necessary for tracking purposes.
The project is consistent with the various elements and objectives of the General Plan as
discussed in the findings below and Section A of the project staff report. The proposed three-
unit residential condominium will not be detrimental to existing uses or to uses specifically
permitted in the area in that air-space condominiums is permitted within the Multiple-Family
Residential (R-3) Zone and is compatible with the other residential uses surrounding the project
site that includ.es multiple-family residential. The site, surroundings, or traffic circulation will
not be adversely impacted by the project in that the existing surrounding streets have adequate
capacity to accommodate the 24 Average Daily Trips (ADT) generated by the project. The project
complies with all minimum development standards of the Carlsbad Municipal Code, including
but not limited to the Multiple-Family Residential (R-3) Zone, Beach Area Overlay Zone (BAOZ),
and the Planned Development Ordinance. Additionally, the project provides adequate onsite
parking and does not result in any additional environmental impacts.
6. That the site for the intended use is adequate in size and shape to accommodate the use, in that
the three-unit residential air-space condominium project complies with all applicable
development standards (i.e., setbacks, lot coverage, parking, and height restrictions) of the
Multiple-Family Residential (R-3) Zone, the Beach Area Overlay Zone (BAOZ), and the Planned
Development Ordinance as referenced in the project staff report.
7. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested use to existing or permitted future uses in the neighborhood will be provided and
maintained, in that as referenced in the project staff report, the three-unit residential air-space
condominium project complies with all applicable development standards (i.e. setbacks, lot
coverage, parking, and height restrictions) of the Multiple-Family Residential (R-3) Zone, the
Beach Area Overlay Zone (BAOZ), and the Planned Development Ordinance. Landscaping along
Acacia Avenue will be provided consistent with the requirements of the city's Landscape
Manual. In addition to the above, privacy walls/fences on the property will be provided and
maintained.
PC RESO NO. 7448 -3-
8. That the street systems serving the proposed use are adequate to properly handle all traffic
generated by the proposed use, in that the three-unit residential air-space condominium project
will be accessed via a single driveway on Acacia Avenue, which is identified as a local street and
is designed to adequately handle the 24 Average Daily Trips (ADT) generated by the project.
Acacia Avenue is already improved with pavement, curb, gutter and sidewalks next to a curb-
adjacent parkway. The project will reconstruct portions of the curb, gutter and sidewalk along
the project frontage due to the modification of the drive isle.
Coastal Development Permit (CDP 2021-0036)
9. That the proposed development is in conformance with the Mello II Segment .of the Certified
Local Coastal Program (LCP) and all applicable policies, in that the site is designated R-23
Residential (15-23 du/ac) for single-, two-and multi-family residential development by the
Mello II LCP. The proposed three-unit condominium project has a density of 15 du/ac and is
consistent with the R-23 Residential (15-23 du/ac) General Plan Land Use designation. Three
units are permitted on this 0.20 net-developable-acre property. The proposed three-story
project will not obstruct views of the coastline as seen from public lands or the public right-of-
way, nor otherwise damage the visual beauty of the coastal zone. No agricultural uses currently
exist on the site, nor are there any sensitive resources located on the property. In addition, the
proposed three-unit residential condominium project is not located in an area of known
geologic instability or flood hazards. Since the site does not have frontage along the coastline,
no public opportunities for coastal shoreline access are available from the subject site.
Furthermore, the residentially designated site is not suited for water-oriented recreation
activities.
10. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the property is not located adjacent to the shoreline. Therefore, the three-
unit residential air-space condominium project will not interfere with the public's right to
physical access to the ocean and, furthermore, the residentially designated site is not suited for
water-oriented recreation activities.
11. That the project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(Chapter 21.203 of the Zoning Ordinance) in that the three-unit residential air-space
condominium project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm
Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP)
to avoid increased urban runoff, pollutants, and soil erosion. No undevelopable steep slopes
or native vegetation is located on the subject property and the previously graded site is not
located in an area prone to landslides, or susceptible to accelerated erosion, floods, or
liquefaction.
12. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X of the Land
Use Plan, certified September 1990 and Agricultural Conversion Mitigation Fees are not required
in accordance with the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the
Zoning Ordinance).
13. The project is not between the sea and the first public road parallel to the sea and therefore, is
not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204
of the Zoning Ordinance).
PC RESO NO. 7448 -4-
Tentative Parcel Map (MS 2021-0004}
14. · That the proposed map and the proposed design and improvement of the subdivision as
conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable
specific plans, Titles 20 and 21 of the Carlsbad Municipal Code and the State Subdivision Map Act,
and will not cause serious public health problems, in that the three-unit residential air-space
condominium created through the tentative parcel map satisfies all the minimum requirements
of Title 20 and has been designed to comply with other applicable regulations including, the
Multiple-Family Residential (R-3) Zone, the Beach Area Overlay Zone (BAOZ), the Planned
Development Ordinance, and the R-23 Residential General Plan Land Use designation.
15. That the proposed project is compatible with the surrounding future land uses since surrounding
properties are designated R-23 Residential for residential development at a density of 15-23
du/ac. Surrounding properties are predominantly developed with multiple-family residential
projects.
16. That the site is physically suitable for the type and density of the development since the site is
adequate in size and shape to accommodate residential development at the density proposed, in
that all other required development standards and design criteria required by the Multiple-
Family Residential (R-3} Zone, the Planned Development Ordinance, and the Beach Area
Overlay Zone (BAOZ) are incorporated into the three-unit residential air-space condominium
project.
17. That the design of the subdivision or the type of improvements will not conflict with easements
of record or easements established by court judgment, or acquired by the public at large, for
access through or use of property within the proposed subdivision, in that the three-unit
residential air-space condominium project has been designed and conditioned so that there are
no conflicts with established easements and no additional right-of-way is required.
18. That the property is not subject to a contract entered into pursuant to the Land Conservation Act
of 1965 (Williamson Act).
19. That the design of the subdivision provides, to the extent feasible, for future passive or natural
heating or cooling opportunities in the subdivision, in that structure is designed to include
balconies and operable windows oriented to maximize exposure of each unit to natural light
and ventilation from nearby coastal breezes.
20. That the Planning Commission has considered, in connection with the housing proposed by this
subdivision, the housing needs of the region, and balanced those housing needs against the public
service needs of the city and available fiscal and environmental resources.
21. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish and wildlife or their habitat, in
that the three-unit residential air-space condominium project site is an infill site, has been
previously developed, and is surrounded by existing multi-family residential development.
22. That the discharge of waste from the subdivision will not result in violation of existing California
Regional Water Quality Control Board requirements, in that the three-unit residential air-space
PC RESO NO. 7448 -5-
General
condominium project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm
Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP)
to avoid increased urban runoff, pollutants, and soil erosion.
23 . That Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the City's General Plan, based on the facts set forth in the staff report dated June
1, 2022 including, but not limited to the following:
A. Land Use & Community Design -The proposed three-unit residential infill development
makes efficient use of the existing lot in that it increases the number of units from two to
three. A three-unit development is compatible with the surrounding development. The
project has a density of 15 dwelling units per acre which is within the R-23 Residential density
range of 15-23 du/ac and does not exceed nor is below the density range required for this
land use designation. The R-23 General Plan Land Use designation for the property also has
a Growth Management Control Point {GMCP) of 19 du/ac. The GMCP is a tool utilized by the
city to track anticipated growth within the city and plan for future facility needs. In
compliance with Senate Bill {SB) 330, Government Code Section 66300 (b){l){D), and City
Council action (Resolution No. 2021-074) the GMCP cannot be used as a residential housing
cap. At the GMCP, 3.8 dwelling units, or 4 when rounded up per CMC Section 21.53.230{e),
would be permitted on this 0.20 net-developable-acre property. Since the project proposes
three units and does not exceed the GMCP, no allocation of "excess" dwelling units is
necessary for tracking purposes.
B. Mobility -The proposed project has been designed to meet all the circulation requirements,
including a single driveway access point off Acacia Avenue. In addition, the applicant will be
required to pay traffic impact fees prior to issuance of building permit that will go toward
future road improvements.
C. Noise -The proposed project is consistent with the Noise Element of the General Plan in that
the project's building design adequately attenuates the noise levels for the new
condominiums as described in the noise analysis report (Birdseye Planning Group, June
2021).
D. Housing -The project is conditioned to pay an in-lieu fee on a per unit basis for one unit if
building permits for the three-unit project are applied for within two years of demolishing
the existing two-unit residential development.
E. Public Safety -The proposed structural improvements will be required to be designed in
conformance with all seismic design standards. In addition, the project is consistent with all
of the applicable fire safety requirements. Additionally, the proposed project is not located
in an area of known geologic instability or flood hazard and the site is not located in an area
prone to landslides, or susceptible to accelerated erosion, floods or liquefaction.
24. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 1 and all City public facility policies and ordinances. The project
includes elements or has been conditioned to construct or provide funding to ensure that all
PC RESO NO. 7448 -6-
facilities and improvements regarding sewer collection and treatment; water; drainage;
circulation; fire; schools; parks and other recreational facilities; libraries; government
administrative facilities; and open space, related to the project will be installed to serve new
development prior to or concurrent with need. Specifically,
A. The project has been conditioned to provide proof from the Carlsbad Unified School District
that the project has satisfied its obligation for school facilities.
B. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44 and will be collected
prior to issuance of building permit.
C. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior
to the issuance of building permit.
D. The Local Facilities Management fee for Zone 1 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
25. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
26. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed to
mitigate impacts caused by or reasonably related to the project, and the extent and the degree
of the exaction is in rough proportionality to the impact caused by the project.
27. The Planning Commission finds that the project, as conditioned herein, is in conformance with
the Elements of the city's General Plan, based on the facts set forth in the staff report dated June
1, 2022.
Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of grading
permit, building permit, or recordation of the Final Parcel Map, whichever comes first.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the city shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or further
condition all certificates of occupancy issued under the authority of approvals herein granted;
record a notice of violation on the property title; institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. No vested rights are gained
by Developer or a successor in interest by the city's approval of this Planned Development Permit,
Site Development Plan, Coastal Development Permit, and Tentative Parcel Map.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Planned Development Permit, Site Development Plan, Coastal
Development Permit, and Tentative Parcel Map documents, as necessary to make them
PC RESO NO. 7448 -7-
internally consistent and in conformity with the final action on the project. Development shall
occur substantially as shown on the approved Exhibits. Any proposed development, different
from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney's fees incurred by the city arising, directly or indirectly,
from (a) city's approval and issuance of this Planned Development Permit, Site Development
Plan, Coastal Development Permit, and Tentative Parcel Map, (b) city's approval or issuance of
any permit or action, whether discretionary or nondiscretionary, in connection with the use
contemplated herein, and (c) Developer/Operator's installation and operation of the facility
permitted hereby, including without limitation, any and all liabilities arising from the emission by
the facility of electromagnetic fields or other energy waves or emissions. This obligation survives
until all legal proceedings have been concluded and continues even if the city's approval is not
validated.
6. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Tentative Map/Site
Plan, conceptual grading plan and preliminary utility plan reflecting the conditions approved by
the final decision making body. The copy shall be submitted to the City Planner, reviewed and, if
found acceptable, signed by the city's project planner and project engineer. If no changes were
required, the approved exhibits shall fulfill this condition.
7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
8. This project shall comply with all conditions and mitigation measures which are required as part
of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
9. This approval shall become null and void if building permits are not issued for this project within
24 months from the date of project approval.
10. Building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides written certification to the City that adequate water service
and sewer facilities, respectively, are available to the project at the time of the application for the
PC RESO NO. 7448 -8-
building permit, and that water and sewer capacity and facilities will continue to be available until
the time of occupancy. A note to this effect shall be placed on the Final Map.
11. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030 subject
to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay
any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All
such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
12. Prior to the issuance of the grading permit or final map approval, whichever comes first,
Developer shall submit to the City a Notice of Restriction executed by the owner of the real
property to be developed. Said notice is to be filed in the office of the County Recorder, subject
to the satisfaction of the City Planner, notifying all interested parties and successors in interest
that the City of Carlsbad has issued a Planned Development Permit, Site Development Plan,
Coastal Development Permit, and Tentative Parcel Map, by Resolution(s) No. 7444 on the
property. Said Notice of Restriction shall note the property description, location of the file
containing complete project details and all conditions of approval as well as any conditions or
restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority
to execute and record an amendment to the notice which modifies or terminates said notice upon
a showing of good cause by the Developer or successor in interest.
13. Developer shall make a separate formal landscape construction drawing plan check submittal to
the Planning Division and obtain City Planner approval of a Final Landscape and Irrigation Plan
showing conformance with the approved Preliminary Landscape Plan and the city's Landscape
Manual. Developer shall construct and install all landscaping and irrigation as shown on the
approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum
amount of water to the landscape for plant growth without causing soil erosion and runoff.
14. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan
check process on file in the Planning Division and accompanied by the project's building,
improvement, and grading plans.
15. Developer shall establish a homeowner's association and corresponding covenants, conditions
and restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner prior
to final parcel map approval. Prior to Certificate of Occupancy, the Developer shall provide the
Planning Division with a recorded copy of the official CC&Rs that have been approved by the
Department of Real Estate and the City Planner. A "hold" will be placed on the building permit
(i.e., Certificate of Occupancy) to ensure that said CC&R's are received prior to issuance of
Certificate of Occupancy. At a minimum, the CC&Rs shall contain the following provisions:
a. General Enforcement by the City: The City shall have the right, but not the obligation, to
enforce those Protective Covenants set forth in this Declaration in favor of, or in which the
City has an interest.
b. Notice and Amendment: A copy of any proposed amendment shall be provided to the City in
advance. If the proposed amendment affects the City, City shall have the right to disapprove.
PC RESO NO. 7448 -9-
A copy of the final approved amendment shall be transmitted to City within 30 days for the
official record.
c. Failure of Association to Maintain Common Area Lots a'nd Easements: In the event that the
Association fails to maintain the "Common Area Lots and/or the Association's Easements" as
provided in Article ___ _, Section ______ the city shall have the right, but not the
duty, to perform the necessary maintenance. If the city elects to perform such maintenance,
the city shall give written notice to the Association, with a copy thereof to the Owners in the
Project, setting forth with particularity the maintenance which the city finds to be required
and requesting the same be carried out by the Association within a period of thirty (30) days
from the giving of such notice. In the event that the Association fails to carry out such
maintenance of the Common Area Lots and/or Association's Easements within the period
specified by the city's notice, the City shall be entitled to cause such work to be completed
and shall be entitled to reimbursement with respect thereto from the Owners as provided
herein.
d. Special Assessments Levied by the City: In the event the City has performed the necessary
maintenance to either Common Area Lots and/or Association's Easements, the city shall
submit a written invoice to the Association for all costs incurred by the City to perform such
maintenance of the Common Area Lots and or Association's Easements. The city shall provide
a copy of such invoice to each Owner in the Project, together with a statement that if the
Ass_ociation fails to pay such invoice in full within the time specified, the city will pursue
collection against the Owners in the Project pursuant to the provisions of this Section. Said
invoice shall be due and payable by the Association within twenty (20) days of receipt by the
Association. If the Association shall fail to pay such invoice in full within the period specified,
payment shall be deemed delinquent and shall be subject to a late charge in an amount equal
to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection
from the Association by means of any remedies available at law or in equity. Without limiting
the generality of the foregoing, in addition to all other rights and remedies available to the
city, the city may levy a special assessment against the Owners of each Lot in the Project for
an equal pro rata share of the invoice, plus the late charge. Such special assessment shall
constitute a charge on the land and shall be a continuing lien upon each Lot against which the
special assessment is levied. Each Owner in the Project hereby vests the city with the right
and power to levy such special assessment, to impose a lien upon their respective Lot and to
bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and
his/her respective Lot for purposes of collecting such special assessment in accordance with
the procedures set forth in Article ____ of this Declaration.
e. Landscape Maintenance Responsibilities: The HOAs and individual lot or unit owner
landscape maintenance responsibilities shall be as set forth in Exhibit _____ _
f. Balconies, trellis. and decks: The individual lot or unit owner allowances and prohibitions
regarding balconies, trellis, and decks shall be as set forth in Exhibit ____ _
16. Prior to Certificate of Occupancy, the Developer shall submit to the City Planner a recorded copy
of the Condominium Plan filed with the Bureau of Real Estate which is in conformance with the
City-approved documents and exhibits.
PC RESO NO. 7448 -10-
17. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in substance
as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of
Community Development and Planning.
18. The developer shall pay to the city an inclusionary housing in lieu fee as an individual fee on a per
market rate dwelling unit basis for one (1) unit in the amount in effect at the time, as established
by City Council Resolution from time to time. If building permits are not applied within two years
of demolishing the existing unit, then the inclusionary housing in lieu fee will be paid for three
units.
19. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the City
Planner, in the sales office or inside each unit, at all times. All sales maps that are distributed or
made available to the public shall include but not be limited to trails, future and existing schools,
parks, and streets.
20. Developer shall post a sign in the sales office, or inside each unit, in a prominent location that
discloses which special districts and school district provide service to the project. Said sign shall
remain posted until ALL of the units are sold.
21. Developer shall submit and obtain City Planner approval of an exterior lighting plan including
parking areas. All lighting shall be designed to reflect downward and avoid any impacts on
adjacent homes or property.
Engineering:
22. Prior to hauling dirt or construction materials to or from any proposed construction site within
this project, developer shall apply for and obtain approval from, the city engineer for the proposed
haul route.
23. This project is approved upon the express condition that building permits will not be issued for
the development of the subject property unless the district engineer has determined that
adequate water and sewer facilities are available at the time of permit issuance and will continue
to be available until time of occupancy.
24. Developer shall submit to the city engineer an acceptable instrument, via CC&Rs and/or other
recorded document, addressing the maintenance, repair, and replacement of shared private
improvements within this subdivision, including but not limited to private street trees, sidewalks,
landscaping, enhanced paving, water quality treatment measures, low impact development
features, storm drain facilities, retaining wall, and driveway approach located therein and to
distribute the costs of such maintenance in an equitable manner among the owners of the
properties within this subdivision.
25. Developer shall prepare, submit and process for city engineer approval a final map to subdivide
this project. There shall be one Final Map recorded for this project. Developer shall pay the city
standard map review plan check fees.
PC RESO NO. 7448 -11-
26. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover, etc.)
and irrigation along the parkway frontage with Acacia Avenue as shown on the Tentative Map.
Fees/ Agreements
27. Developer shall cause property owner to execute and submit to the city engineer for recordation,
the city's standard form Geologic Failure Hold Harmless Agreement.
28. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
29. Developer shall cause property owner to submit an executed copy to the city engineer for
recordation a city standard Permanent Stormwater Quality Best Management Practice
Maintenance Agreement.
30. Developer shall cause owner to execute, for recordation, a city standard Local Improvement
District Agreement to pay fair share contributions for undergrounding of all existing overhead
utilities and installation of street lights, as needed, along the subdivision frontage, should a future
district be formed.
Grading
31. Based upon a review of the proposed grading and the grading quantities shown on the tentative
map a grading permit for this project is required. Developer shall prepare and submit plans and
technical studies/reports as required by city engineer, post security and pay all applicable grading
plan review and permit fees per the city's latest fee schedule.
32. Prior to approval of the grading plans, the applicant shall submit a Construction Plan to the city
engineer for review and approval. Said Plan may be required to include, but not be limited to,
identifying the location of the construction trailer, material staging, material deliveries, bathroom
facilities, parking of construction vehicles, employee parking, construction fencing and gates,
obtaining any necessary permission for off-site encroachment, addressing pedestrian safety, and
identifying time restrictions for various construction activities. All material staging, construction
trailers, bathroom facilities, etc. shall be located outside the public right-of-way unless otherwise
approved by the city engineer or Construction Management & Inspection engineering manager.
Storm Water Quality
33. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants of the above
requirements.
PC RESO NO. 7448 -12-
34. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP
Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer
shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier
level Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer.
Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee
schedule.
35. This project is subject to Trash Capture requirements. Developer shall prepare and process a
Trash Capture Storm Water Quality Management Plan (TCSWQMP), subject to city engineer
approval, to comply with the Carlsbad BMP Design Manual latest version. The final TCSWQMP
required by this condition shall be reviewed and approved by the city engineer with final
grading plans and/or building plans, whichever occurs first. Developer shall pay all applicable
SWQMP plan review and inspection fees per the city's latest fee schedule.
Dedications/Improvements
36. Developer shall design the private <;lrainage systems, as shown on the tentative map to the
satisfaction of the city engineer. All private drainage systems (12" diameter storm drain and
larger) shall be inspected by the city. Developer shall pay the standard improvement plan check
and inspection fees for private drainage systems.
37. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a
right-of-way permit to the satisfaction of the city engineer.
38. Developer shall prepare and process public improvement plans and, prior to city engineer
approval of said plans, shall execute a city standard subdivision Improvement Agreement to install
and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements
shown on the tentative map. Said improvements shall be installed to city standards to the
satisfaction of the city engineer. These improvements include, but are not limited to:
A. Install a non-contiguous sidewalk at the property's frontage
B. 2" asphalt pavement grind and overlay along the property's frontage to the road
centerline
C. · Sewer laterals, main, and cleanout, curb & gutter, driveway, water services and
meters
Developer shall pay the standard improvement plan check and inspection fees in accordance with
the fee schedule. Improvements listed above shall be constructed within 36 months of approval
of the subdivision or development improvement agreement or such other time as provided in
said agreement.
39. Developer shall design, and obtain approval from the city engineer, the structural section for the
access aisles with a traffic index of 5.0 in accordance with city standards due to truck access
through the parking area and/or aisles with an ADT greater than 500. Prior to completion of
grading, the final structural pavement design of the aisle ways shall be submitted together with
required R-value soil test information subject to the review and approval of the city engineer.
40. Developer is responsible to ensure all existing overhead utilities servicing the subject property are
to be undergrounded as shown on the Tentative Map and to the satisfaction of the city engineer.
No new or relocated utility poles are allowed.
PC RESO NO. 7448 -13-
Developer is responsible to ensure utility transformers or raised water backflow preventers that
serve this development are located outside the right-of-way as shown on the Tentative Map and
to the satisfaction of the city engineer. These facilities shall be constructed within the property.
Non-Mapping Notes
41. Add the following notes to the final map as non-mapping data:
A. Developer has executed a city standard subdivision Improvement Agreement and has
posted security in accordance with C.M .C. Section 20.16 .070 to install public
improvements shown on the tentative map. These improvements include, but are not
limited to:
1) Install a non-contiguous sidewalk at the property's frontage
2) 2" asphalt pavement grind and overlay along the property's frontage to the road
centerline
3) Sewer laterals, main, and cleanout, curb & gutter, driveway, water services and
meters
B. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
C. Geotechnical Caution: The owner of this property on behalf of itself and all of its
successors in interest has agreed to hold harmless and indemnify the City of Carlsbad
from any action that may arise through any geological failure, ground water seepage or
land subsidence and subsequent damage that may occur on, or adjacent to, this
subdivision due to its construction, operation or maintenance.
D. No structure, fence, wall, tree, shrub, sign, or other object may be placed or permitted to
encroach within the area identified as a sight distance corridor as defined by City of
Carlsbad Engineering Standards or line-of-sight per Caltrans standards.
E. The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may
arise through any diversion of waters, the alteration of the normal flow of surface waters
or drainage, or the concentration of surface waters or drainage from the drainage system
or other improvements identified in the city approved development plans; or by the
design, construction or maintenance of the drainage system or other improvements
identified in the city approved development plans.
F. There are no public park or recreational facilities to be located in whole or in part within
this subdivision. The subdivider is therefore obligated to pay park-in-lieu fees in
accordance with section 20.44.050 of the Carlsbad Municipal Code and has either paid all
of said park in-lieu fees or agreed to pay all of said park-in-lieu fees in accordance with
section 20.16.070 of the Carlsbad Municipal Code.
PC RESO NO. 7448 -14-
Utilities
42. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows,
fire hydrant locations, building sprinklers) are required to serve the project.
43. Developer shall install potable water and/or recycled water services and meters at locations
approved by the district engineer. The locations of said services shall be reflected on public
improvement plans.
44. The developer shall agree to install sewer laterals and clean-outs at locations approved by the city
engineer. The locations of sewer laterals shall be reflected on public improvement plans.
Code Reminders
45. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the
City of Carlsbad Municipal Code to the satisfaction of the city engineer.
46. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor
area contained in the staff report and shown on the tentative map are for planning purposes only.
47. Subdivider shall comply with Section 20.16.040(d) of the Carlsbad Municipal Code regarding the
undergrounding of existing overhead utilities.
48. The tentative map shall expire two years from the date on which the planning commission voted
to approve this application.
49. Developer shall pay park-in-lieu fees to the City, prior to the approval of the final parcel map as
required by Chapter 20.44 of the Carlsbad Municipal Code.
50. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050.
51. Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050
of the Carlsbad Municipal Code.
52. Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building permit issuance,
except as otherwise specifically provided herein.
53. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
54. Developer acknowledges that the project is required to comply with the city's greenhouse gas
(GHG) reduction ordinances and requirements. GHG reduction requirements are in accordance
with, but are not limited to, Carlsbad Municipal Code Chapters 18.21, 18.30, and 18.51 in addition
to the California Green Building Standards Code (CCR, Title 24, Part 11-CALGreen), as amended
PC RESO NO. 7448 -15-
from time to time. GHG reduction requirements may be different than what is proposed on the
project plans or in the Climate Action Plan Checklist originally submitted with this project.
Developer acknowledges that new GHG reduction requirements related to energy efficiency,
photovoltaic, electric vehicle charging, water heating and traffic demand management
requirements as set forth in the ordinances and codes may impact, but are not limited to, site
design and local building code requirements. If incorporating GHG reduction requirements
results in substantial modifications to the project, then prior to issuance of development (grading,
building, etc.) permits, Developer may be required to submit and receive approval of a
Consistency Determination or Amendment for this project through the Planning Division.
Compliance with the applicable GHG reduction requirements must be demonstrated on or with
the construction plans prior to issuance of the applicable development permits.
NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten {10) calendar days of the date of the Planning Commission's
decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in
writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal
prior to any judicial review.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest
them, you must follow the protest procedure set forth in Government Code Section 66020{a) and file the
protest and any other required information with the City Manager for processing in accordance with
Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent
legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
PC RESO NO . 7448 -16-
PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of
the City of Carlsbad, California, held on June 1, 2022, by the following vote, to wit:
AYES: Chairperson Stine, Commissioners Lafferty, Luna, Kamenjarin, Merz, and
Sabellico
NOES:
ABSENT: Commissioner Meenes
ABSTAIN:
JOSEPH STINE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
PC RESO NO. 7448 -17-
SITE MAP
EXHIBIT 2
11ap gerier�te.d on: �, ld/2022
DocuSign Envelope ID: SFCSC428-9439-4D83-A5F6-678E89CF6237 EXHIBIT 3
(city of
Carlsbad
DISCLOSURE STATEMENT
P-1{A)
Developm ent Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission ·
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county,
city municipality, district or other political subdivision or any other group or combination acting as a unit."
Agents may sign this document; however, the legal name and entity of the applicant and property owner
must be provided below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person NIA 'S~f-10\/ DAL::ta(\) Corp/Part NIA STE.fl-\E;N DAl;;tQl\l All-,C-t\\l"e<-'5 ,
Title ___________ _ Title _____________ _
Address _________ _ Address ____________ _
2. OWNER (Not the owner's agent)
P-1(A)
Provide the COMPLETE, LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership, include .the names, titles, addresses of
all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a publicly-owned corporation, include the names, titles, and
addresses of the corporate officers. (A separate page may be attached if necessary.)
Person __________ _
Title ___________ _
Address __________ _
Corp/Part RREG INVESTMENTS SERIES LLC SERIES 1041
Title ______________ _
Address 5315 AVENIDA ENCINAS SUITE 200
CARLSBAD, CA 92008
Page 1 of 2 Revised 07/10
DocuSign Envelope ID: 5FC5C428-9439-4O83-A5F6-67BE89CF6237
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to ( 1) or (2) above is a nonprofit organization or a trust,
list the names and addresses of~ person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust N/A Non Profit/Trust ----------
Ti tie____________ Title _____________ _
Address Address __________ _ -------------
4. Have you had more than $500 worth of business transacted with any member of City
staff, Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
D Yes l ✓I No If yes, please indicate person(s): __________ _
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
[~dby: 7/13/2021
c9A$t~tme of owner/date
RREG INVESTMENTS SERIES LLC SERIES 1041
Print or type name of owner
~
Signature of applicant/date
STEVEN DAL TON
Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
P-1(A) Page 2 of 2
7/13/2021
Revised 07/10
EXHIBIT 4
CEQA DETERMINATION OF EXEMPTION
Subject: This California Environmental Quality Act (CEQA) Determination of Exemption is in compliance
with Carlsbad Municipal Code Section 19.04.060. An appeal to this determination must be filed
in writing with the required fee within ten (10) calendar days of the City Planner's decision
consistent with Carlsbad Municipal Code Section 21.54.140.
City Planner Decision Date: April 20, 2022
Project Number and Title: PUD 2021-0006/SDP 2021-0018/CDP 2021-0036/MS 2021-0004 -ACACIA
BEACH HOMES
Project Locat.ion -Specific: =24~5~·=24~5~.S~A~ca~c~ia~A~v~e~n~ue~-----------------
Project Location -City: =C=ar~ls=b=a=d ____ _ Project Location -County: -=-Sa=n __ D""i""e..,,go=-------
Description of Project: To demolish two existing multi-family residences and construct a three-unit,
residential air-space condominium proiect on a 0.20-acre site.
Name of Public Agency Approving Project: =C=ity.._o=f'-'C=a=rl=sb=a=-=d'---------------
Name of Person or Agency Carrying Out Project: RREG INVESTMENTS SERIES LLC SERIES
Name of Applicant: T_o~m~S=t.~C_la~ir __________________ ---,-____ _
Applicant's Address: 5315AVENIDA ENCINAS, Suite 200, Carlsbad. CA 92008
Applicant's Telephone Number: -(8_8_8~) 3_5_7_-3_5_5_3 __________________ _
Na·me of Applicant/Identity of person undertaking the project (if different from the applicant above):
Same as above.
Exempt Status: (Check One)
D Ministerial (Section 21080(b)(1); 15268);
D Declared Emergency (Section 21080(b)(3); 15269(a));
D Emergency Project (Section 21080(b)(4); 15269 (b)(c));
[ZJ Categorical Exemption -State type and section number: 15332. Infill Development Project
D Statutory Exemptions -State code number: ___________________ .
D Common Sense Exemption (Section 15061(b)(3))
Reasons why project is exempt: In-Fill development project on site less than five acres.
Lead Agency Contact Person: .:...Pa=u=l=D=at1'-'--------Telephone: 442-339-2614
Q,_ ;1.
DON NEU, City Planner 1 Date
EXH IBIT 5
PLANNED DEVELOPMENTS (CMC SECTION 21.45.060)
TABLE C: GENERAL DEVELOPMENT STANDARDS
APPLICABLE TO ALL PLANNED DEVELOPMENTS
REF. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT NO.
Per the underlying General Plan designation. When two or more general
C.1 Density p'lan land use designations exist within a planned development, the N/A density may be transferred from one general plan designation to another
with a general plan amendment.
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 N/A
Major Arterial 40 Feet
Secondary Arterial 30 Feet
Carlsbad Boulevard 20 Feet.
Half (50%) of the required arterial setback area located closest to the
Arterial arterial shall be fully landscaped to enhance the street scene and buffer
C.2 Setbacks homes from traffic on adjacent arterials, and: N/A • Shall contain a minimum of one 24" box tree for every 30 lineal
feet of street frontage; and
• Shall 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 All proposed fences, walls and
noise attenuation walls that: gates comply with the setback
• Are required by a noise study, and standards of Chapter 21.45 Planned
• Due to topography, are necessary to be placed within the required Development.
landscaped portion of the arterial setback.
Permitted
Intrusions Permitted intrusions into required building setbacks shall be the same as Roof eaves, and balconies
C.3 into specified in Section 21.46.120 of this code. The same intrusions specified intrusions into required yard do not
Setbacks/ exceed 2 feet as permitted
Building in Section 21.46.120 shall be permitted into required building separation. pursuant CMC 21.46.120.
Separation
Minimum right-of-way width 56 feet
Minimum curb-to-curb width 34feet
Private Minimum parkway width 5,5 feet, including curb N/A ( curb adjacent)
Minimum sidewalk width 5 feet (setback 6 inches from
property line)
Minimum right-of-way width 60 feet
Minimum curb-to-curb width 34 feet
Public Minimum parkway width 7.5 feet, including curb N/A C.4 Streets (curb adjacent)
Minimum sidewalk width 5 feet (setback 6 inches from
property line)
A minimum of one street tree
Street One-family dwellings and (24-inch box) per lot is required N/A twin homes on small-lots to be planted in the parkway Trees along all streets. within Street trees shall be spaced no parkways Condominium projects further apart than 30 feet on N/A
center within the parkway.
A conceptual landscape plan has
Tree .species should be selected to create a unified image for been reviewed and deemed
the street, provide an effective canopy, avoid sidewalk damage complete by the city. The project is
and minimize water consumption. conditioned to required final
landscape plan approval.
3 or fewer Minimum 12 feet wide when the drive-aisle is not required for
dwelling emergency vehicle access, as determined by the Fire Chief. N/A If the drive-aisle is required for emergency vehicle access, it units shall be a minimum of20 feet wide.
4 or more The project drive-isle is 24, with 20-
dwelling Minimum 20 feet wide. foot exceptions for ornamental
units landscaping.
No,Parkingshall be permitted within t he minimum required Project does not propose any
visitor parking spaces within the width of a drive-aisle. drive isle.
A minimum 24-foot vehicle back-up/maneuvering area shall be Each parking space, including
c.s Drive-aisles provided in front of garages, carports or uncovered parking visitor parking provides a 24-foot spaces (this may include driveway area, drive-aisles, and vehicle turning radius. streets).
All Additional width may be required for vehicle/emergency N/A vehicle maneuvering area. projects Project is conditioned to improve
Parkways and/or sidewalks may be required. the existing infrastructure along
Acacia Avenue.
No more than 24 dwelling units shall be located along a single-N/A entry drive-aisle_
Proposed project provides
All drive-aisles shall be enhanced with decorative pavement. decorative pavement on the drive
isle.
Projects with 10 units or fewer I A .30 space per each unit. Projects with 10 units or less are
Number of Projects 11 units or more j A .25 space per each unit. required to provide a 0.30 visitor
Visitor parking spaces per unit (3 units X
C.6 Parking When calculating the required number of visitor parking spaces, if the 0.3 = 0.9) The project proposes 3
Spaces calculation results in a fractional parking space, the required number of visitor parking spaces which
Required 111 visitor parking spaces shall always be rounded up to the nearest whole exceeds the minimum
number, requirement.
On-street visitor parking is permitted on private/public streets, N/A
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
On parking where the visitor parking is proposed
Location of Private/ • The visitor parking spaces may be located:
C.7 Visitor Public 0 Along one or both sides of any private/public street(s)
Parking Streets located Within the project boundary, and
0 Along the abutting side and portion of any existing
public/private street(s) t hat is contiguous to the project
boundary
In parking bays along public/private streets within the project N/A
boundary, provided the parking bays are outside the minimum
required street right-of-way width.
When visitor parking is provided as on-street parallel parking, All visitor parking is provided onsite
not less than 24 lineal feet per space, exclusive of and exceeds the minimum
driveway/drive-aisle entrances and aprons, shall be provided requirement of 1 vtsitor parking
for each parking space, except where parallel parking spaces space (three spaces provided
are located immediately adjacent to driveway/drive-aisle onsite.)
aprons, then 20 lineal feet may be provided.
Within the Beach Area Overlay Zone, on-street parking shall not Project complies.
count toward meeting the visitor parking requirement.
On Drive-Visitor parking must be provided in parking bays that are Project complies.
aisles located outside the required minimum drive-aisle width.
One required visitor parking space may be credited N/A
Outside for each driveway in a project that has a depth of
40 feet or more. the Beach For projects with 10 or fewer units, all required N/A Area
Overlay visitor parking may be located within driveways
(located in front of a unit's garage), provided that Zone all dwelling units in the project have driveways with
a depth of 20 feet or more.
One required visitor parking space may be credited
for each driveway in a project that has a depth of N/A
40 feet or more.
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:
Within • All required visitor parking may be located Ona the Beach within driveways (located in front of a unit's Driveway Area garage), provided that all dwelling units in the
Overlay project have driveways with a depth of 20 feet N/A Zone 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).
The minimum driveway depth required for visitor
parking (20 feet or 40 feet) applies to driveways for
All front or side-loaded garages, and is measured from N/A projects the property line, back of sidewalk, or from the
edge of the drive-aisle, whichever is closest to the
structure.
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 N/A overhang is permitted into any required setback area or over Compact sidewalks less than 6 feet wide. Parking For all projects within the Beach Area Overlay Zone, up to 55%
of the visitor parking may be provided as compact spaces (8 N/A
feet by 15 feet).
Distance Visitor parking spaces must be located no more than 300 feet Each visitor parking spaces are less
from unit as measured in a logical walking path from the entrance of the than 300 feet from the entry of
unit it could be considered to serve. each unit.
Screening Open parking areas should be screened from adjacent residences and Visitor parking spaces are screened
C.8 of Parking public rights-of-way by either a view-obscuring wall, landscaped berm, or from adjacent residences and
Areas landscaping, except parking located within a driveway. public right-of-way by landscaping,
residential buildings, and fencing.
Community recreational space shall be provided for all projects of 11 or
more dwelling units, as follows:
Project is NOT within
Minimum community R-23 general plan 200 square feet per unit N/A designatTon recreational space Project IS within R-23 required general plan 150 square feet per unit
designation
Projects with 11 to Community recreational space shall be provided as
25 dwelling units either (or both) passive or active recreation N/A
facilities.
Community recreational space shall be provided as
Projects with 26 or both passive and active recreational facilities witfi a N/A more dwelling units minimum of 75% of the area allocated for active
facilities.
Community recreational space shall be provided as
both passive and active recreational facilities for a N/A variety of age groups (a minimum of 75% of the
area allocated for active facilities).
For projects consisting of one-family dwellings or
Projects with SO or twin homes on small-lots, at least 25% of the
community recreation space must be provided as more dwelling units pocket parks.
• Pocket park lots must have a minimum width of N/A
Community SO feet and be located at strategic locations
C.9 Recreational such as street intersections (especially "T-
Space ll) intersections") and where open space vistas
may be achieved.
Community recreational space shall be located and
designed so as to be functional, usable, and easily N/A
accessible from the units it is intended to serve.
Credit for indoor recreation facilities shall not
All projects exceed 25% of the required community recreation N/A
(with 1l or more area.
Required community recreation areas shall not be dwelling units) located in any required front yard and may not
include any streets, drive-aisles, driveways, parking N/A areas, storage areas, slopes of S% or greater, or
walkways (except those walkways that are clearly
integral to the design of the recreation area).
In addition to required resident and visitor parking,
recreation area parking shall be provided, as
follows: 1 space for each 15 residential units, or N/A
fraction thereof, for units located more than 1,000
Recreation Area feet from a community recreation area.
Parking The location of recreation are(! parking shall be
subject to the same location requirements as for
visitor parking, except that required recreation N/A
area parking shall not be located within a
driveway(s).
Examples of recreation facilities include, but are not limited to, the following:
Swimming pool area
Children's playground equipment
Spa
Courts (tennis, racquetball, volleyball, basketball)
Recreation rooms or buildings
Active 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
Benches
Passive Barbecues
Community gardens
Grassy play areas with a slope of less than 5%
The project is conditioned to
complete a final lighting plan
(Condition no. 21 of the
C.10 lighting Lighting adequate for pedestrian and vehicular safety shall be provided. Resolution.) Appropriate lighting
for the 3-unit project will be
evaluated with the final lighting
plan.
C.11 Reserved
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.
20 square feet per unit, not to include area required for driveways and N/A
approaches.
Developments located within master plans or residential specific plans
Recreational may have this requirement met by the common RV storage area provided
C.12 Vehicle (RV) by the master plan or residential specific plan.
Storage (i) RV storage areas shall be designed to accommodate recreational vehicles
of various sizes (i.e., motorhomes, campers, boats, personal watercraft, N/A
etc.).
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 N/A 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.
480 cubic feet of separate storage space per unit.
If all storage for each unit is located in one area, the space may be reduced Project complies.
to 392 cubic feet.
Required storage space shall be separately enclosed for each unit and be Project complies. conveniently accessible to the outdoors.
C.13 Storage Required storage space may be designed as an enlargement of a covered
Space parking structure provided it does not extend into the area of the required Project complies. parking stall and does not impede the ability to utilize the parking stall (for
vehicle parkfng).
A garage (12'x20' one-car, 20'x20' two-car, or larger) satisfies the required Each unit proposes a 20'x20' two-
storage space per unit. car garage. Project complies.
This requirement is in addition to closets and other indoor storage areas. N/A
(lJ 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. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT NO.
Uvaple Must comply with City Council Policy 66, Principles for t he Development See compliance table for Policy 66 as E,l Neighborhood
Policy of Livable Neighborhoods. Attached ''Table C'. of the Staff Report.
One-family and Must comply with City Council Policy 44, Neighborhood two-family N/A
dwellings Architectural Design Guidelines
There shall be at least three separate building planes on All residential units contain at least
all building elevations. The minimum offset in planes three separate building planes on all
shall be 18 inches and shall include, but not be limited building elevations that are at a
to, building wafls, windows, and roofs. minimum of 18 inches.
All building elevations shall incorporate a minimum of
four complimentary design elements, including but not
limited to:
• A variety of roof planes;
E.2 Architectural • Window$ and doors recessed a minimum of 2 inches; Requirements Multiple-family • Decorative window or door frames;
dwellings • Exposed roof rafter tails; Each residential unit feature a
• Dormers; minimum of four complementary
• Columns; design elements that comply with this
• Arched elements; guideline.
• Varied window shapes;
• Exterior wood elements;
• Accent materials such as brick, stone, shingles, wood,
or siding;
• Knee braces; and
• Towers .
Proposed coverage is 41% of the net
lot area (0.20-acres.) Remaining space
E.3 Maximum 60% of total project net developable acreage. is dedicated to passive/private
Coverage recreational space as required of Polley
66 and visitor parking as required
wjthin the BAOZ.
The project is located with the BAOZ
which pursuant to CMC 21,82.050
Same as required by the underlying zone, and not to exceed three stories permits residential structures a max
(1)[7) height of 30 feet with a 3:12 roof pitch.
The project proposed residential units
E.4 Maximum at 30 feet, with a 3:12 roof pitch.
Building Height Projects 40 feet, if roof pitch is 3:12 or greater The project is located within the BAOZ, within the R-35 feet, if roof pitch is less than 3:12 Therefore, pursuant to the allowable 23 general building height of Chapter 21.82 of the plan
designation Building height shall not exceed three stories CMC the project does not exceed three
(1)(7) stories.
From a Residential 10feet The proposed residential units do not
private or structure have direct entry garages off Acacia
Minimum public Direct entry Avenue and provide a minimum of 20
E.5 Building streetl2H3l 20feet feet parking setback that includes the garage garage/visitor parking. Setbacks Residential N/A. Project proposes fewer than 25 From a drive-5 feet, fully landscaped (walkways
aisle<4l structure providing access to dwelling entryways residential units and is located within
(except as the R-23 General Plan Land Use
PLANNED DEVELOPMENTS (CMC SECTION 21.45.080)
TABLE E: CONDOMINIUM PROJECTS
REF. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT NO.
specified may be located within required designation (refer footnote section
below) landscaped area) below for compliance.)
Residential N/A. Project proposes fewer than 25
structure -0 feet when projecting over the front of a residential units and is located within
directly the R-23 General Plan Land Use
above a garage. designation (refer footnote section
garage below for compliance.)
3 feet N/A. Project proposes fewer than 25
Garages facing directly ont o a drive-aisle residential units and is located within
Garage the R-23 General Plan Land Use shall be equipped with an automatic designation ( refer footnote section garage door opener. below for compliance.)
Projects of 25 0 feet (residential structure and garage) N/A
units or less
within the R-Garages facing directly onto a drive-aisle
15 and R-23 shall be equipped with an automatic Project complies.
general plan garage door opener.
designations
0feet
May cantilever over a drive-aisle,
Balconies/deck provided the balcony/deck complies with
s (unenclosed all other applicable requirements, such
and as: Project comp'lres.
uncovered) • Setbacks from property lines
• Building separation
• Fire and Engineering Department
requirements
Frorn the perimeter property The building setback from an interior side
lines of the project site (not or rear perimeter property line shall be The underlying zone for the project is
adjacent to a public/private the same as required by the underlying R-3 and the project complies with
zone for an interior side or rear yard applicable development standards. street) setback.
Minimum
E.6 Building 10 feet Building separation is 10 feet.
Separation
If a project is locat ed within the R-23 general plan
designation, resident parking shall be provided as
All dwelling specified below, and may also be provided as follows:
• 25% of the units in the project may include a tandem N/A types 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.
E.7 Resident 2 spaces per unit, provided as either:
Parking (6) • a two-car garage (minimum 20 feet x 20 feet), or One-family • 2 separate one-car garages (minimum 12 feet x 20 and two-feet each) N/A family
dwellings • In the R-WZone, the 2 required parking spaces may
be provided as 1 covered space and 1 uncovered
space (s)
LS spaces per unit, 1 of wh.ich must be Project complies. covered 151
PLANNED DEVELOPMENTS (CMC SECTION 21.45.080)
TABLE E: CONDOMINIUM PROJECTS
REF. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT NO.
When calculating the required number of
Studio and parking spaces, if the calculation results
one-bedroom in a fractional parking space, the
units required number of parking spaces shall
always be rounded up to the nearest
whole number.
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 Each unit proposed a two-car garage Units with two 20 feet), or attached to the residence, with a or more
bedrooms • 2 separate one-car garages (minimum minimum interior dimension of
12 feet x 20 feet each) 20'X20'.
Multiple-• In the R-W Zone and the Beach Area
family Overlay Zone, the 2 required parking
dwellings spaces may be provided as 1 covered
space and 1 uncovered space (5l
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 Project complies.
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.
Required resident parking spaces shall be located no
more than 150 feet as measured in a logical walking Project complies. path from the entrance of the units it could be
considered to serve.
Required private recreational space shall be designed so
as to be functional, usable, and easily accessible from Project complies.
One-family, the dwelling it is intended to serve.
two-family, Required private recreational space shall be located Project complfes. and multiple-adjacent to the unlt the area is intended to serve.
family Required private recreational space shall not be located
dwellings within any requlred front yard setback area, and may not All recreational spaces (e.g., private
include any driveways, parking areas, storage areas, or and communal) are located on site.
common walkways.
Private Projects not within the R-
E,8 Recreational 15 or R-23 general plan 400 square
Space Minimum designations feet The 3-unit project proposes a
total area Projects within the R-15 or tninimutn of 500 sq.ft. of private
One-family per unit R-23 general plan 200 square recreational space.
and two-designations feet
family May consist of more than one recreational space. Project complies. dwellings
May be provided at ground level and/or as a Project complies. deck/balcony on a second/third floor or roof.
Minimum I Not within .I 15 feet Project complies. dimension the R-15 or R-
PLANNED DEVELOPMENTS (CMC SECTION 21.45.080)
TABLE E: CONDOMINIUM PROJECTS
REF. SUBJECT DEVELOPMENT STANDARD COMPLIANCE COMMENT NO.
23 general
plan
designations
Within the R-
15 or R-23 10 feet general plan
designations
Shall not have a slope gradient greater All private recreational space is leveled
than 5%. to finish grade that is less than 5%,
Attached solid patio covers and
decks/balconies may project into a
required private recreational space,
If provided subject to the following:
at ground • The depth of the projection shall not
level exceed 6 feet (measured from the N/A 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.
Open or lattice-top patio covers may be
located within the required private
recreation space (provided the patio N/A cover complies with all applicable
standards, including the required
setbacks).
If provided Minimum dimension 6 feet above ground
level as a 60 square Project complies.
deck/ balcony Minimum area feet or roof deck
Minimum total area per unit (patio, 60 square Balconies exceed minimum
porch, or balcony) feet requirement
Minimum dimension of patio, porch or 6feet Project complies. balcony
Multiple-family Projects of 11 or more units that are within the R-23
dwellings general plan designation may opt to provide an
additional 75 square feet of community recreation space N/A 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.
Ill 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.
12J See Table C in Section 21.45,060 for required setbacks from an arterial street.
13) Building setbacks shall be measured from the outside edge of the required street right,of-way width, whichever is closest to
the building.
i~, 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.
(G) This standard does not apply to housing for senior citizens (see Chapter 21.84 of this code).
(?) 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.
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EXHIBIT6
CITY COUNCIL POLICY 66-LIVABLE NEIGHBORHOODS
Principle
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.
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 t o improve the street
scene. This may include tandem garages, side-loaded garages,
front-loaded garages, alley-loaded garages and recessed garages.
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
vehictJlar and pedestrian connectivity by minimiz.ing 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.
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.
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
Compliance Comments
The frontage fa~de and architecture
of Unit 1 provide.s multiple material
finishes, varied window shapes and
sizes, and articulated building planes.
In addition, the front fa~ade provides a
variety of building materials and
variations along Acacia Avenue to
provide visual interest from the public
street.
Each unit will include an enclosed two-
car garage. All garages are accessed vi'a
a private drive-aisle; therefore, the
garages are oriented away from the
public right-of-way and minimizes
visibility from the street.
The project is developing on an existing
multi-family residentially zoned lot
adjacent to an existing public street
(Acacia Avenue) which is currently
developed as part of an existing
interconnected modified street
pattern. The existing street design in
t his area has c•urb, gutter, and
sidewalks.
Street trees and enhanced landscaping
will be provided in the parkway along
Acacia Avenue.
The project provides for pedestrian
circulation by maintaining a sidewalk
along Acacfa Avenue, as well as
walkways to and from the project to
public sidewalks.