HomeMy WebLinkAbout2023-05-03; Planning Commission; ; FPC ResidentialItem No. 4
Meeting Date: May 3, 2023
To: Planning Commission
Staff Contact: Jason Goff, Senior Planner; 442-339-2643; jason.goff@carlsbadca.gov
Subject: FPC Residential.
1)Appeal of a City Planner determination that the proposed project is
exempt from further environmental review; and
2)Consideration of a land use development request to consolidate land;
demolish existing structures and construct 86 multiple-family residential
apartment units.
Location: 7200, 7290, and 7294 Ponto Drive; APNs 214-160-28-00, 214-160-25-00, and
214-171-11-00; District 4
Case Numbers: SDP2022-0003, CDP2022-0023, and PCD2023-0001 (DEV2022-0048)
Applicant Representative: Ryley Webb, Applicant Representative; 619-400-0120; rwebb@hgfenton.com
CEQA Determination: ☐Not a Project ☒ Exempt ☐ IS/ND or IS/MND ☐ EIR
☒Other: CEQA Determination was appealed
CEQA Status: ☒The environmental assessment IS on the Agenda for discussion☐A CEQA determination was already issued. That decision is final and
IS NOT on the Agenda
Commission Action: ☒Decision ☐ Recommendation to City Council ☐ Informational (No Action)
Recommended Actions
That the Planning Commission ADOPT the Planning Commission Resolution (Exhibit 1), DENYING the subject
appeal of Lance Schulte, upholding the City Planner’s determination that the project is exempt per CEQA
Guidelines Section 15332; and ADOPT the Planning Commission Resolution (Exhibit 2) APPROVING the Site
Development Plan, SDP2022-0003, and Coastal Development Permit, CDP2022-0023, based on the findings and
subject to the conditions contained therein.
May 3, 2023 Item #4 Page 1 of 483
SDP2022-0003/CDP2022-0023/PCD2023-0001 (DEV2022-0048) – FPC RESIDENTIAL
May 3, 2023
Page 2
Existing Conditions & Project Description
Existing Setting Site Map
The subject site consists of three legal parcels totaling 4.64
acres, located at 7200, 7290, and 7294 Ponto Drive (Exhibit
3)within the Mello II Segment of the Carlsbad Local Coastal
Program and Local Facilities Management Zone 22. The first
address is the site of a former junkyard, the second address
contains an existing self-storage facility with six (6) one-
story buildings, and the third address contains two (2)
abandoned structures that have functioned as a variety of
uses since their construction. Topographically, the site
slopes from north to south and east to west with the low
point in the southwest corner. The subject site is bounded
by the Cape Rey Carlsbad Beach Hotel parking structure to
the north, Ponto Drive and vacant land to the south, Ponto
Road to the west, and the railroad tracks to the east.
Table “A” below includes the General Plan designations, zoning and current land uses of the subject site and
surrounding properties.
TABLE A – SITE AND SURROUNDING LAND USE
Location General Plan Designation Zoning Designation Current Land Use
Site R-15/VC and R-15 RD-M-Q/C-T-Q and
RD-M-Q
Self-storage facility, former junkyard, and
abandoned structures
North VC C-T Cape Rey Carlsbad Beach Hotel parking
structure and railroad tracks
South GC, R-23 C-2, P-C Ponto Drive, Vacant Parcels
East T-C TC Railroad ROW
West R-15/VC and VC RD-M-Q/C-T-Q and C-T
Cape Rey Carlsbad Beach Hotel, single-family
residential and light industrial live-work
structures
May 3, 2023 Item #4 Page 2 of 483
SDP2022-0003/CDP2022-0023/PCD2023-0001 (DEV2022-0048) – FPC RESIDENTIAL
May 3, 2023
Page 3
General Plan Designation
Zoning Designations
Proposed Project
The project developer, H.G. Fenton Property Company, herein referred to as “Developer”, has submitted
application for development of an 86-apartment unit multiple-family residential project on a consolidated 4.64-
acre parcel of land generally located northeast of the intersection of Ponto Road and Ponto Drive. The proposed
project consists of the redevelopment of an existing self-storage facility, former junkyard and two abandoned
structures into units configured in rowhome, townhome, and triplex configurations.
Developer is seeking a density bonus under State law, which would entitle the developer to increase the density
of the project by 27.5% in return for making at least 15% of the proposed dwelling units affordable to low-
income households. The density bonus that is authorized by State law (Government Code Section 65915) is set
on a sliding scale based upon the percentage of affordable units in the project, ranging from 5% to 50%
additional units over the number of units originally permitted. With the density bonus, the maximum number of
residential units allowed on the site is 90 units, with 11 of those required to be restricted as affordable. The
developer is proposing to build 86 units and to make 13 of them affordable consistent with Carlsbad’s
Inclusionary Ordinance requiring 15% of the total units, including density bonus units, be made affordable.
The project site has street frontage on both Ponto Road and Ponto Drive and is proposing single vehicular access
points along each public street frontage with a private internal looped street serving all residential units from
within. The main project entry is located midway along the western property boundary fronting Ponto Road, and
a secondary entry is in the southeast corner off a future private extension of Ponto Drive called Beach Way. The
main entry is highlighted with enhanced paving of either colored concrete or pavers. This treatment is also
included at other key intersections and focal points inside the development along the internal loop street. New
street sections will be constructed along both Ponto Road and Ponto Drive that include new traffic lanes, parallel
parking, concrete curb and gutter, street trees, and a 10-foot-wide sidewalk/bike pathway. The project adds ten
(10) new on-street parallel parking spaces along Ponto Road and two (2) new on-street parallel parking spaces
along Ponto Drive.
May 3, 2023 Item #4 Page 3 of 483
SDP2022-0003/CDP2022-0023/PCD2023-0001 (DEV2022-0048) – FPC RESIDENTIAL
May 3, 2023
Page 4
Improvements to pedestrian mobility include: 1) the addition of a new ADA accessible pad, bench and trash can
to an existing North County Transit District (NCTD) bus stop located on northbound Carlsbad Boulevard just
north of its intersection with Ponto Road, and 2) the addition of an ADA accessible pad, bench, and trash can for
a bus stop on southbound Carlsbad Boulevard. For the bus stop on southbound Carlsbad Boulevard,
improvements also include the construction of an ADA-compliant path of travel along the west side of Carlsbad
Boulevard from the bus stop to the intersection of Ponto Road and Carlsbad Boulevard. All bus stop furniture is
conditioned to be in the color black or brown as is typical for other bus stops in Carlsbad.
The project development site is generally separated into three distinct groupings of unit types totaling 23
buildings with 3-to-6 units per building. Parallel to the railroad right-of-way, a row of two-story triplexes is
located. These are Buildings #16-23 as labeled on the project site plan and are further defined as Plans T1, T2,
and T3. Each of these apartment buildings consist of a two-bedroom, three-bedroom, and four-bedroom unit
type. Two of the three unit types will have a private backyard (Plans T2 and T3) with the third unit type having a
private balcony (Plan T1). Plans T2 and T3 include a standard two-car garage with an interior dimension of 20’-0”
x 20’-0”. The Plan T1 includes a tandem garage with an interior dimension of 12’-0” x 40’-0”. The maximum
height of these buildings is 30 feet.
Located in the center of the project site is a grouping of three-story townhomes clustered in 3- and 4-unit rows.
These are Buildings #7-15 as labeled on the project site plan and are further defined as Plans F1 and F2. These
apartment units are a mix of three-bedroom and four-bedroom unit types, and each includes a private backyard
and a standard two-car garage with an interior dimension of 20’-0” x 20’-0”. The maximum height of these
buildings is 35 feet.
Lastly, along the two project frontages of Ponto Road and Ponto Drive, three-story rowhomes have been
oriented towards the street in 3-to-6-unit building configurations. These are Buildings #1-6 as labeled on the
project site plan and are further defined as Plans R1, R2, and R3. These apartment units have front doors facing
onto the public space along Ponto Road and Ponto Drive. Each unit includes a roof deck and a standard two-car
garage with an interior dimension of 20’-0” x 20’-0”. Each garage is located behind the unit with access provided
from the internal loop street. These rowhomes consist of three-bedroom and four-bedroom unit types. The
height of these buildings is 35 feet with a stair tower element extending to a maximum 45 feet for roof deck
access.
The proposed architectural style is consistent across all product types with three color schemes to provide
variation throughout. Primary building materials consist of horizontal fiber cement lap siding, vertical board and
batten siding, and composite roof shingles. Additional accent materials and features include glass and wood
railings, wood outlookers and kickers, metal awnings, wood trellises, wood pot shelves, wood posts, exposed
wood rafter tails and fascia, and varied window shapes with window trims that provide the appearance of two-
inch-deep window recesses throughout. Each building provides varied roof shapes with a 3:12, 4:12, 4.5:12 and
6:12 roof pitch combinations.
A breakdown of each of the above noted residential unit types is summarized in Table “A” below.
TABLE A – DETAILS FOR UNIT TYPE
Unit Type Total Living
Area
Bedroom/
Bathrooms
Deck/Patio
Yard Area
Roof Deck
Area
Market Rate
Quantity
Affordable
Quantity
Rowhomes (Buildings No. 1-6)
Plan R1 1,779 SF 3 BED / 3 BATH 73 SF 258 SF 15 3
Plan R2 1,865 SF 4 BED / 3.5 BATH 78 SF 266 SF 9 2
Plan R3 2,309 SF 4 BED / 3.5 BATH 466 SF --- 1 ---
May 3, 2023 Item #4 Page 4 of 483
SDP2022-0003/CDP2022-0023/PCD2023-0001 (DEV2022-0048) – FPC RESIDENTIAL
May 3, 2023
Page 5
TABLE A – DETAILS FOR UNIT TYPE (CONTINUED)
Unit Type Total Living
Area
Bedroom/
Bathrooms
Deck/Patio
Yard Area
Roof Deck
Area
Market Rate
Quantity
Affordable
Quantity
Townhomes (Buildings No. 7-15)
Plan F1 1,964 SF 3 BED / 3.5 BATH 462 SF --- 12 2
Plan F2 2,124 SF 4 BED / 3.5 BATH 484 SF --- 15 3
Triplexes (Buildings No. 16-23)
Plan T1 1,100 SF 2 BED / 2 BATH 85 SF --- 7 1
Plan T2 1,627 SF 3 BED / 2.5 BATH 350 SF --- 7 1
Plan T3 1,799 SF 4 BED / 3 BATH 560 SF --- 7 1
TOTAL AFFORDABLE APARTMENT UNITS: --- 13
TOTAL MARKET RATE APARTMENT UNITS: 73 ---
TOTAL APARTMENT UNITS: 86
The project includes 31,450 square feet of shared open space in addition to the 33,238 square feet of private open
space. The shared open space includes active recreation features such as a pickleball court, artificial turf area for
lawn games such as lawn bowling, corn hole, etc., and a tot lot. It also includes passive recreation features such as
a dog park, built-in barbeque counter, sand seating area with fire pits, arbor covered seating area with fire pits, and
hammock garden.
Grading for the proposed project consists of 4,906 cubic yards of cut and 8,629 cubic yards of fill material.
Project plans are attached to the staff report (Exhibits 15 and 16). The improvements and uses described above
are hereinafter referred to as “Project.”
Public Outreach & Comment
The Developer has completed the Early Public Notice procedures pursuant to City Council Policy No. 84
(Development Project Public Involvement Policy). A notice of project application was mailed on May 2, 2022 to
all owners of property located within a 600-foot radius, and all occupants of property located within a 100-foot
radius of the project site. A two-foot-tall by three-foot-wide yellow sign was posted at the project site on May 4,
2022, notifying all pass-by traffic of the Project, which provides project name, application numbers, description,
as well as both Developer and city staff contact information. A total of 351 property owners and occupants were
notified through the notice of project application. This notice was also sent to the Homeowners Associations
(HOA’s) of the neighboring communities, San Pacifico and Hanover Beach Colony, enabling them to post and
distribute to community residents who might be located outside of the required noticing radius.
In addition to the above, the Developer also completed the Enhanced Stakeholder Outreach Program pursuant
to City Council Policy No. 84 (Development Project Public Involvement Policy). Two outreach meetings were
conducted. The first meeting was held at the project site on, Saturday, June 25, 2022 at 10:00 am, where the
Developer provided four stations highlighting different aspects of the Project. After a brief introduction,
participants were encouraged to visit each station to ask any specific questions. Participants were asked to write
down any questions they would like answered for the record or that did not get answered to their satisfaction.
No cards were submitted by the participants from the event. A second meeting was held virtually on Thursday,
June 30, 2022 at 6:00 pm. During this virtual meeting, the Developer gave a short presentation explaining the
Project and then responded to any questions or concerns.
A total of twenty-six neighbors/stakeholders attended the first outreach meeting. An additional three attended
the second virtual meeting, despite twelve people being registered. The Developer received one additional
phone call and two additional emails from individuals prior to the outreach meetings. All questions were
May 3, 2023 Item #4 Page 5 of 483
SDP2022-0003/CDP2022-0023/PCD2023-0001 (DEV2022-0048) – FPC RESIDENTIAL
May 3, 2023
Page 6
addressed and an offer to meet with each resident was provided; however, none of the residents accepted the
Developer’s offer. No additional emails or phone calls were received after the outreach meetings.
In addition to the Enhanced Stakeholder Outreach meetings, on two different occasions the Developer
personally walked the adjacent seven homes/businesses located closest to Carlsbad Boulevard along Ponto
Road. During these times, the Developer was able to speak directly with five of the seven residents/business
owners. The Developer spoke with the owner of the adjacent Cape Rey Beach Hotel on several occasions. The
Developer also met on multiple occasions with a representative from People for Ponto and the San Pacifico
HOA. Requests to present to the San Pacifico HOA were made by the Developer, but no response was ever
received from the HOA. An Enhanced Stakeholder Outreach report with the questions raised at the two
meetings along with answers to those questions is included (Exhibit 9).
Response to Public Comment & Project Issues
The meetings discussed above resulted in 26 common questions or concerns which are generally answered
below. None of the questions or concerns resulted in requests for changes to the Project. General feedback
from the outreach meetings about the project was positive. Participants generally liked the design, and the
additional street parking that is being provided along Ponto Road, and commented positively that the Project
would be replacing an eyesore in the neighborhood. None of the outreach resulted in requests for changes to
the Project.
Eighteen of the questions were related to the general design and operations of the Project, including number
and size of units, proposed building height, Project access, rental operations, and impact from the adjacent
railway. Five of the questions were information requests including how much traffic the Project would generate;
if the Developer manages any other properties in Carlsbad and how long will construction take; which were
responded to. The remaining questions and issues are discussed below:
• Frontage Road: Developer was requested to connect the frontage road, otherwise known as Ponto Drive
to Carlsbad Boulevard. That portion of Ponto Drive is outside the scope of the Project and is not an
anticipated future connection in Carlsbad Planning documents.
• Walking Path: The second request was to maintain the walking path and access parallel to the North
County Transit District (NCTD) railroad tracks. The current “unofficial path” [emphasis added] is located
on NCTD property and connects to Ponto Road through the north end of the Cape Rey Beach Hotel
parking garage. It should be noted that the Developer does not control either the NCTD property or the
adjacent hotel property and this Project would not impact that unofficial path.
Community Interest in a Ponto Park
The City of Carlsbad has received comments from community members expressing a desire for a public park on
existing vacant properties in the general area around Ponto Drive and Avenida Encinas.
As it relates, there has been different information shared about park needs and whether the city has met the
required amount of park space outlined in the city’s Growth Management Plan for the southwest quadrant of
the city. City staff provided detailed information at two City Council meetings (held January 26, 2021, and July
13, 2021) about park requirements, city land acquisition limitations and private development rights. The City
Council did not direct additional actions related to acquisition of park land in the vicinity of these private
properties.
May 3, 2023 Item #4 Page 6 of 483
SDP2022-0003/CDP2022-0023/PCD2023-0001 (DEV2022-0048) – FPC RESIDENTIAL
May 3, 2023
Page 7
The following is in response to Ponto Park Comments:
• The city has met the current Growth Management Plan performance standard for park space in the
southwest quadrant.
• The vacant sites in the Ponto area are zoned for residential/commercial tourism development, and the
property owners have a legal right to develop those vacant sites per the approved 2015 General Plan
and Local Coastal Plan, which guide how land can be used and developed in the city.
• The city can only acquire private property from a willing seller, at the current fair-market value.
• Citywide voter approval would be required under Proposition H, a Carlsbad-specific law that requires
voter approval for any capital improvement projects that cost more than $1 million in city general funds,
even if the city has funds available for additional park space.
• Per Senate Bill 330, the city would be required to increase the density of another property within if a
property was acquired for park space.
• As it relates to Local Facilities Management Plan (LFMP), Zone 22 Open Space requirements, the Project
is providing slightly more than 15% of the 4.64-acre project site as open space. The project is providing
31,450 square feet of open space to meet the LFMP Open Space requirement where it is only required
to provide 30,317 square feet.
• The Carlsbad Sea Level Rise Vulnerability Assessment does not identify specific acreages of park or open
space land “lost” due to sea level rise; it only identifies areas that have the potential for erosion,
flooding, or inundation in the future. Potential vulnerabilities identified along the beach, bluffs,
campground, and Carlsbad Boulevard will be addressed through future adaptation plans that will
establish measures needed to prevent/minimize the loss of land due to sea level rise.
• There is a city effort underway (South Carlsbad Coastline Project) to repurpose Carlsbad Boulevard to
potentially create more than 60-acres of available space over a 2.7-mile stretch that could be used for
bike/pedestrian paths, recreational areas beach access and open space within the southwest quadrant.
Project Analysis
General Plan Consistency
The City of Carlsbad General Plan includes several goals and policies that guide development and land use
within the city. A discussion of how the project is consistent with the applicable General Plan policies is
summarized in Exhibit 5.
Municipal Code Consistency
The City of Carlsbad Municipal Code, most notably Tile 21 Zoning Code, includes requirements and provisions
that guide development and land use within the city, consistent with the General Plan. Specific compliance with
these relevant requirements is described in Exhibit 5.
May 3, 2023 Item #4 Page 7 of 483
SDP2022-0003/CDP2022-0023/PCD2023-0001 (DEV2022-0048) – FPC RESIDENTIAL
May 3, 2023
Page 8
Local Coastal Program Consistency
The project site is in the Coastal Zone and requires a Coastal Development Permit. The project complies with the
Local Coastal Program, including all goals and policies of the General Plan and all zoning code standards, as
referenced above in Exhibit 5.
State Density Bonus
The Developer is seeking an increase in the allowable density of the project under Government Code Section
65915, the State density bonus law. This law allows a developer to increase the density on a property above the
maximum limit set by a city’s general plan in exchange for reserving a certain number of the new dwelling units
as affordable or other qualifying housing for at least 55 years. Developers can also have development standards
waived or revised when such deviations are needed to achieve the density allowed under State law.1 The 4.64-
acre site has a General Plan land use designation of Residential, R-15. Properties within a R-15 residential land
use designation must have a density of housing between eight (8) and 15 dwelling units per acre (stated as a
minimum to maximum density range). This results in a maximum base density of 69.6 units (4.64 acres
multiplied by 15 units per acre), which rounds up to 70 units for this site. (Under density bonus law, all density
calculations are rounded up.) The density bonus that is authorized by State law is set on a sliding scale based
upon the percentage of affordable units in the project, ranging from 5% to 50% additional units over the number
ordinarily permitted. The Developer is requesting a 27.5% density bonus allowed under State law, for a total of
19.25 units (70 units multiplied by 27.5%), which rounds up to 20 total units. In exchange for the 27.5% density
bonus, the Developer is required to designate 15% of the 70 base maximum density units, or 11 units, as
affordable density bonus units. The affordable density bonus units are required to be affordable to “low-income
households” for a period of 55 years. This would allow up to 90 total units, but the developer is only requesting
86 total units. With 86 units, the proposed project would have a density of 18.5 dwelling units per acre. The
Project is requesting incentives, concessions or waivers as allowed under State density bonus law. Pursuant to
Carlsbad Municipal Code (CMC) Section 21.86.060 of the Density Bonus Ordinance, a project can request
incentives and concessions as defined in State density bonus law, based on the percentage of affordable units.
Additionally, there are other statutory requirements that apply to all density bonus projects, which are being
requested for this project. The Developer is requesting one (1) incentive, three (3) waivers, and use of two (2)
statutory requests as listed below and further described in Exhibit 6.
Incentives/Concessions
• Fence/wall heights: Allowing fences/walls up to 12 feet in height where City development standards
allow for up to 6 feet [along common property line with railroad right-of-way].
Waivers
• Setbacks: (a) Reduction of front yard setback to 8 feet where the required setback is 20 feet/10 feet
with conditions [along Ponto Drive and future Private Beach Way]; and (b) reduction of side yard
setback to 4 feet where the required setback is 10 feet/5 feet with conditions [along Ponto Road].
• Waiver of the City’s development/engineering standard requiring implementation of infiltration prior to
implementation of biofiltration BMPs
1 Refer to Exhibit 7 for an info-bulletin that provides more information on how state density bonus law works.
May 3, 2023 Item #4 Page 8 of 483
SDP2022-0003/CDP2022-0023/PCD2023-0001 (DEV2022-0048) – FPC RESIDENTIAL
May 3, 2023
Page 9
Statutory Requests
• Density Bonus Parking Standards per Government Code Section 65915(p)(1).
• Tandem Parking per Government Code Section 65915(p)(5).
Inclusionary Housing Ordinance
In addition to the mandatory affordable housing provisions of State density bonus law, the project is also
required to comply with the city’s Inclusionary Housing Ordinance, which is intended to ensure that all
residential development provides a range of housing opportunities for all economic segments of the population,
including households of lower and moderate income.2 According to city code, projects are required to provide
15% of their total units as affordable to low-income households. For this project, a total of 12.9 inclusionary
units are required (15% multiplied by 86 total units), which rounds up to 13 units. The 11 low-income units
required under State density bonus can also be used to satisfy the affordable housing requirements of the city’s
Inclusionary Housing Ordinance under the terms of Carlsbad Municipal Code Section 21.85.040 – Affordable
housing standards. Therefore, for the project to demonstrate consistency with the Inclusionary Housing
Ordinance, two (2) additional inclusionary affordable units are required. The total number of required affordable
units for the project is 13 units.
Summary of density bonus request and calculations
Base Units (4.64 acres x 15 du/acre) 70 units (69.6 rounded up)
Density Bonus Units (70 base units x 27.5%) 20 units (19.25 rounded up)
Maximum No. of Units (Allowed) (base units + density bonus) 90 units
Total No. of Units (Requested/Proposed) 86 units
Density Bonus Affordable Units (70 base units x 15%) 11 (10.5 rounded up)
Inclusionary Affordable Units (86 total units x 15%) 13 (12.9 rounded up)
Total Affordable Units* 13
*11 of 13 Inclusionary units also count as Density Bonus Affordable Units
Housing Crisis Act of 2019 (HCA)
This project is subject to California Government Code Section 65589.5(j)(1), which states when a proposed
housing development project complies with the applicable, objective general plan, zoning, and subdivision
standards and criteria that were in effect at the time that the application was deemed complete, cities shall not
disapprove the project or impose a condition requiring lower density unless the city finds based on a
preponderance of evidence that the project would have a specific, adverse impact on public health and safety,
or there is no feasible method to satisfactorily mitigate or avoid such adverse impact. A “specific, adverse
impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written
public health or safety standards, policies, or conditions as they existed on the date the application was deemed
complete; and there is no feasible method to satisfactorily mitigate or avoid the adverse impact, other than the
disapproval of the project or the approval of the project upon the condition that it be developed at a lower
density. There is no preponderance of evidence that the project would have a specific, adverse impact on public
health and safety.
2 Refer to Exhibit 8 for an info-bulletin that provides more information on how the Inclusionary Housing Ordinance works.
May 3, 2023 Item #4 Page 9 of 483
SDP2022-0003/CDP2022-0023/PCD2023-0001 (DEV2022-0048) – FPC RESIDENTIAL
May 3, 2023
Page 10
Discretionary Actions & Findings
The proposed Project requires approval of certain permit types, each of which is discussed below:
Site Development Plan (SDP2022-0003)
Approval of a Site Development Plan is required because: 1) the project proposes more than four dwelling units
and is providing affordable housing onsite (CMC Section 21.53.120(A)(1)); 2) a combination zone is applied to
two of the three existing parcels and the project site consists of less than 25 acres (CMC Section
21.05.095(2)(b)); and 3) a Qualified Development Overlay (Q) Zone is also applied to two of the three existing
parcels (CMC Section 21.06.030). Staff finds that the required findings for this application can be met (Exhibit 5).
Coastal Development Permit (CDP2022-0023)
A Coastal Development Permit is required because the project site is located within the Mello II Segment of the
Coastal Zone. Staff finds that the required findings for this application can be met (Exhibit 5).
The project’s discretionary applications are all within the purview of the Planning Commission per the Carlsbad
Municipal Code. The Planning Commission’s action on the project will be an approval or denial, with appeal
available to City Council. The project site is located outside of the appeals jurisdiction of the California Coastal
Commission; and therefore, the CDP is not appealable to the State.
Environmental Review
The California Environmental Quality Act (“CEQA”), and its implementing regulations (“CEQA Guidelines”)
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. The City Planner, through the process outlined in Carlsbad Municipal Code
(CMC) Section 19.04.060, completed a review of the project and potential environmental impacts associated
with the project pursuant to CEQA and determined that the project qualified for an exemption pursuant to
CEQA Guidelines section 15332 – In-Fill Development. CEQA Guidelines Section 15332 is a Class 32 exemption
for projects under five acres, located within urbanized areas, and consistent with the General Plan and zoning
regulations for the site.
This notice was posted on January 5, 2023 for a period of 10-days, and on January 17, 2023 a timely appeal was
filed by Lance Schulte (Appellant), which is attached hereto as Exhibit 12. The appeal stated that the exemption
does not meet the criteria for a Class 32 exemption. The appeal raised issues alleging that the project is
inconsistent with the Certified LCP, that the area is not within an urbanized area, and makes references to other
items under CEQA. The issues raised in the appeal and staff’s responses to each item are outlined in the “Appeal
Analysis” attachment (Exhibit 13). Letters and emails received prior to the publish date of this report are
included as Exhibit 10 (Public Comments).
Pursuant to CMC Section 21.54.140, any written decision or determination of the City Planner may be appealed.
The appeal of the City Planner decision stays the CEQA clearance and determination that the project is exempt
from further environmental review. CMC Section 21.54.140 states that “[t]he appeal shall specifically state the
reason or reasons for the appeal. The burden of proof is on the appellant to establish by substantial evidence
that the grounds for the requested action exist. Grounds for appeal shall be limited to the following: 1) that there
was an error or abuse of discretion on the part of the city planner in that the decision was not supported by the
facts presented to the city planner prior to the decision being appealed; or 2) that there was not a fair and
impartial hearing if applicable to the decision.” The evidence submitted by the City Planner is included as Exhibit
May 3, 2023 Item #4 Page 10 of 483
SDP2022-0003/CDP2022-0023/PCD2023-0001 (DEV2022-0048) – FPC RESIDENTIAL
May 3, 2023
Page 11
11 as documented in the Notice of Determination, and the appeal is included as Exhibit 12. Accordingly, the
analysis included as an attachment to the May 3, 2023 Planning Commission Staff Report (Exhibit 13) focuses on
the issues raised in the original application, in this case the CEQA determination, and the appeal received.
Pursuant to CMC Section 21.54.140.C, “[t]he planning commission may affirm, modify, or reverse the decision of
the city planner, and make such order supported by substantial evidence as it deems appropriate, including
remand to the city planner with directions for further proceedings.” If the Planning Commission takes action to
uphold the appeal and overturn the City Planner’s action or remand the decision for additional information, the
Planning Division would return to the Planning Commission with a resolution to be considered at the next
available Planning Commission meeting, memorializing the findings made by the Planning Commission in
support of this decision. The Planning Commission action to approve or deny the appeal could subsequently be
appealed to the City Council.
Conclusion
Considering the information above and in the referenced exhibits, staff has found that the proposed Project is
consistent with all applicable policies of the General Plan and Local Coastal Program, provisions of the Municipal
Code and Local Facility Management Zone. All required public improvement and utilities are available to serve
the proposed development. In addition, there are no environmental issues associated with the Project.
Two resolutions of approval have been prepared for this agenda item. The first Planning Commission Resolution
(Exhibit 1) denies an appeal of a City Planner’s determination that the project is exempt from further
environmental review per CEQA Guidelines Section 15332. The second Planning Commission Resolution (Exhibit
2) approves the details of the land use development request and approves the project based on the findings and
analysis provided.
State and local public agencies must comply with CEQA before making a discretionary approval of a project.
Compliance can be met by determining a project is exempt from CEQA; or preparing an environmental analysis,
typically an Initial Study and negative declaration (IS/ND), mitigated negative declaration (IS/MND) or
environmental impact report (EIR). If the first Planning Commission Resolution (Exhibit 1) is approved, then the
appropriate CEQA clearances and related content necessary to begin the decision-making process on the
SDP/CDP land use development application have been prepared. The Project is conditioned to ensure the
proposed Project’s compatibility with the surrounding properties and that the public health, safety, and welfare
of the community are maintained. The Project would be required to comply with all applicable California
Building Standards Codes and engineering standards through the standard building permit and civil
improvement plan checking process. If the Planning Commission finds that the appeal raises a substantial issue
(and the Planning Commission does not approve the Planning Commission Resolution [Exhibit 1]), then the
Planning Commission would need to direct staff to conduct further environmental analysis before potentially
approving the SDP/CDP land use development application.
Staff recommends the Planning Commission adopt the resolutions, recommending approval of the proposed
Project described in this staff report.
Exhibits
1. Planning Commission Resolution (PCD)
2. Planning Commission Resolution (SDP/CDP)
3. Location Map
4. Disclosure Statement
5. Project Analysis (General Plan, Zoning Ordinance, Local Coastal Program)
May 3, 2023 Item #4 Page 11 of 483
SDP2022-0003/CDP2022-0023/PCD2023-0001 (DEV2022-0048) – FPC RESIDENTIAL
May 3, 2023
Page 12
6.Supplemental Application - Density Bonus Checklist
7.Informational Bulletin IB-112 – State Density Bonus Law
8.Informational Bulletin IB-157 – Inclusionary Housing Program
9.Enhanced Stakeholder Public Outreach Report
10.Public Comments
11.CEQA Determination, January 5, 2023
12.CEQA Appeal, January 17, 2023
13.Appeal Analysis
14.List of Acronyms and Abbreviations
15.Reduced Exhibits
16.Full Size Exhibits “A” – “III” dated May 3, 2023
May 3, 2023 Item #4 Page 12 of 483
Exhibit 1
PLANNING COMMISSION RESOLUTION NO. 7481
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD,
CALIFORNIA, DENYING THE APPEAL AND UPHOLDING THE CITY PLANNERS'
DETERMINATION THAT THE PROJECT IS EXMEPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
CASE NAME: FPC RESIDENTIAL
CASE NOS.: SDP2022-0003/CDP2022-0023/PCD2023-0001
(DEV2022-0048)
WHEREAS, H.G. Fenton Property Company, "Developer/Owner," has filed a verified
application with the City of Carlsbad regarding property described as
PARCEL 1:
Parcel "B" as shown on Parcel Map No. 4383 in the City of Carlsbad, County
of San Diego, State of California, filed in the office of the County recorder of
San Diego County, January 14, 1976.
PARCEL 2:
That parcel of land, situated within a portion of the South half of Southwest
quarter of Section 28 and within a portion of the South two-thirds of Lot 4
Southeast quarter of Southeast quarter-of Section 29, Township 12 South,
Range 4 West, San Bernardino Meridian, according to Official Plat thereof,
in the County of San Diego, State of California, and more particularly
described as a whole as follows:
Beginning at the corner common to Sections 28, 29, 32, and 33, in said
Township and Range, thence along the Southerly line of said Section 28
North 89°59'20" East 250 feet, more or less, to the Southwesterly corner of
that strip of land 200 feet wide, described in Deed to the Atchison Topeka
and Santa Fe Railway Company, recorded March 30, 1946 as Instrument No.
34729, in Book 2059, Page(s) 466 of Official Records; thence along the
Southwesterly line of said 200 foot strip of land North 21 °08'18" West
856.60 feet, more or less, to the Northeasterly boundary of the 200 foot
right of way of the Atchison Topeka and Santa Fe Railway Company formerly
California Southern Railroad Company, as said right of way was granted by
Act of Congress and as shown on original right of way map thereof approved
by the Department of the Interior, United States of America, on May 12,
1881; thence along said railway boundary South 4°40'18" East to the
Southerly line of said Section 29; thence along said Southerly section line
South 89°49' East to the point of beginning.
PARCEL 3:
All that portion of the South two-thirds of Lot 4 (Southeast quarter of the
Southeast quarter) of Section 29, Township 12 South, Range 4 West, San
May 3, 2023 Item #4 Page 13 of 483
-2-
Bernardino Meridian, in the County of San Diego. State of California,
according to the United State Government Survey approved October 25,
1875, described as follows:
Beginning at the intersection of the South line of said Section 29, with the
Westerly line of the abandoned portion of the Atchison, Topeka and Santa
Fe Railway Company’s (formerly the California Railway Company) right of
way across the South two-thirds of said Lot 4, said point being distant along
said Southerly line North 89°49' West 209.69 feet from the Southeast corner
of said Section 29; thence along the Westerly line of said abandoned
railroad right of way, North 4°40'18" West to the Northerly line of said
South two-thirds of Lot 4, being the South line of land conveyed to Herbert
J.Estes by Deed recorded December 3, 1936 in Book 600, Page 65 of Official
Records; thence retracing South 4°40’18” East a distance of 600.00 feet to
the true point of beginning: thence continuing South 4°40'18” East 159.19
feet; thence South 15°17' East, 188.48 feet to the North line of the South
40.00 feet of said Lot 4; thence along said North line South 89°49' East
162.60 feet to the Easterly line of said abandoned right of way; thence along
said Easterly line North 4°40'18" West 343.26 feet to a point bearing South
89°40'18" East 200.00 feet from the true point of beginning; thence North
89°40’18" West 200.00 feet to the true point of beginning.
APNs: 214-160-25, 214-160-28, 214-171-11
(“the Property”); and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and its
implementing regulations (the State CEQA Guidelines), Article 14 of the California Code of Regulations
section 15000 et. seq., the city is the Lead Agency for the project, as the public agency with the
principal responsibility for approving the proposed project; and
WHEREAS, under the authority of section 19.04.030 of the Carlsbad Municipal Code,
the City Planner has the responsibility to carry out the general administration of CEQA and CEQA
Guidelines; and
WHEREAS, the City Planner studied the proposed project and performed the necessary
investigations to determine if the project qualified for an exemption in accordance with CEQA. After
consideration of all evidence presented, and studies and investigations made by the City Planner, the
May 3, 2023 Item #4 Page 14 of 483
-3-
City Planner determined that the proposed project was exempt from further environmental review in
accordance with CEQA Guidelines section 15332 (Class 32 “Infill” Categorical Exemption); and
WHEREAS, pursuant to Carlsbad Municipal Code section 19.04.030, the City Planner
issued a CEQA Determination of Exemption on January 5, 2023. The notice was circulated for a period of
10-days, which began on January 5, 2023 and ended on January 17, 2023; and
WHEREAS, on January 17, 2023, a timely appeal from Lance Schulte (Appellant) was
received in accordance with Carlsbad Municipal Code Section 21.54.140 and a de novo hearing is
scheduled before the Planning Commission to review the evidence presented to the City Planner; and
WHEREAS, the city duly noticed a public hearing of the Planning Commission on May 3,
2023 to consider the appeal and the project. Evidence was submitted to and considered by the Planning
Commission, including, without limitation:
•Written information including all application materials and other written and
graphical information posted on the project website.
•All factors relating to the CEQA Determination of Exemption, including the appeal
thereof submitting on January 17, 2023.
•Oral testimony from city staff, interested parties, and the public.
•The May 3, 2023 Planning Commission Staff Report, which along with its attachments,
is incorporated herein by this reference as though fully set forth herein.
•Additional information submitted during the public hearing; and
WHEREAS, the Record of Proceedings upon which the Planning Commission bases its
decision on the appeal includes, but is not limited to: (1) the CEQA Determination of Exemption and the
appendices and technical reports cited in and/or relied upon in preparing the CEQA Determination of
Exemption; (2) the staff report, city files and records and other documents, prepared for and/or submitted
to the city relating to the CEQA Determination of Exemption and the project itself; (3) the evidence, facts,
May 3, 2023 Item #4 Page 15 of 483
-4-
findings and other determinations set forth in herein; (4) the General Plan and the Carlsbad Municipal
Code; (5) all designs, plans, studies, data and correspondence submitted to the city in connection with the
CEQA Determination of Exemption and the project itself; (6) all documentary and oral evidence received
at the May 3, 2023 hearing or submitted to the city during the comment period relating to the CEQA
Determination of Exemption and/or elsewhere during the course of the review of the project itself; (7)
all other matters of common knowledge to the to the city, including, but not limited to, city, state, and
federal laws, policies, rules, regulations, reports, records and projections related to development within
the city and its surrounding areas.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A)Record and Basis for Action. The Planning Commission has independently considered the
full record before it, which includes the Record of Proceedings. Furthermore, the recitals
set forth above are found to be true and correct and material to this resolution; and are
incorporated herein by reference.
B)The Planning Commission has reviewed all aspects of the appeal and evaluated (1)
whether there is substantial evidence to support the City Planner’s environmental
determination; and (2) whether the City Planner failed to proceed in the manner required
by law. In determining whether the proposed project is eligible for a Class 32 “Infill”
Categorical Exemption, the Planning Commission is able to base its decision on substantial
evidence.
C)Under the provisions of de novo hearing the Planning Commission has the ability to review
the entire environmental determination, as well as the specific grounds for the appeal
cited by the Appellant. In rending its decision, the Planning Commission can take any
action that could have been taken by the City Planner (that is, deny or approve the use of
the “Infill” Categorical Exemption). On that basis, the Planning Commission hereby
DENIES THE APPEAL and upholds the City Planner’s determination that the proposed
project is exempt from further environmental review. The environmental determination
(Class 32 “Infill” Categorical Exemption) has been prepared in accordance with
requirements of the Environmental Protection Procedures of the City of Carlsbad (Title 19
of the Carlsbad Municipal Code). All the city’s procedural requirements and relevant
aspects of CEQA have been satisfied. No further CEQA environmental analysis is required,
based on the following findings.
Findings:
1.The Planning Commission of the City of Carlsbad does hereby find:
May 3, 2023 Item #4 Page 16 of 483
-5-
a.The Record of Proceedings provide substantial evidence that the proposed project
qualifies for an exemption under CEQA Guidelines section 15332. The proposed project
qualifies for the Class 32 “Infill” Categorical Exemption because: (1) the project is
consistent with the applicable general plan designation and all applicable general plan
policies as well as with applicable zoning designation and regulations; (2) the proposed
project occurs within city limits on a project site of no more than five acres substantially
surrounded by urban uses; and (3) the site has no value as habitat for endangered, rare,
or threatened species; (4) the project would not result in any significant effects on the
environment; and (5) it is located in area where all public facilities are available and the
site can adequately be served by all required utilities and public services.
b.None of the exceptions to categorical exemptions listed in CEQA Guidelines section
15300.2 or Chapter 19.04 of the Municipal Code have been triggered. No substantial
evidence has been submitted to the city that would support a finding that the Class 32
“Infill” Categorical Exemption requirements would not be satisfied. There is no substantial
evidence the project will have a significant effect on the environment.
c.Substantial evidence considered by the Planning Commission includes all facts,
reasonable assumptions predicated upon facts, and expert opinion supported by facts. It
does not include argument, speculation, unsubstantiated opinion or narrative, evidence
which is clearly inaccurate or erroneous, or evidence of social or economic impacts which
do not contribute to, or are not caused by, physical impacts on the environment.
d.Public controversy over the possible environmental effects of the project is not sufficient
reason to require an EIR.
NOTICE TO APPLICANT / APPELLANT
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.
. . .
. . .
. . .
. . .
. . .
. . .
May 3, 2023 Item #4 Page 17 of 483
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on May 3, 2023, by the following vote, to wit:
AYES: Hubinger, Kamenjarin, Lafferty, Meenes, Sabellico and Stine
NAYES:
ABSENT:
ABSTAIN: Merz
KEVIN SABELLICO, Vice Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
City Planner
-6-May 3, 2023 Item #4 Page 18 of 483
'! ,. j ) )
PLANNING COMMISSION RESOLUTION NO. 7482
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN, SDP2022-0003, AND
COASTAL DEVELOPMENT PERMIT, CDP2022-0023, TO CONSOLIDATE THREE
PARCELS OF LAND, DEMO AN EXISTING SELF-STORAGE FACILITY, FORMER
JUNKYARD, AND TWO ABANDONED STRUCTURES; AND CONSTRUCT 86
TWO-AND THREE-STORY MUTLIPLE-FAMILY RESIDENTIAL APARTMENTS ON
A 4.64 ACRE PROPERTY LOCATED AT 7200, 7290, AND 7294 PONTO DRIVE IN
THE SOUTHWEST QUADRANT OF THE CITY AND LOCAL FACILITIES
MANAGEMENTZONE 22
CASE NAME:
CASE NO.:
FPC RESIDENTIAL
SDP2022-0003/CDP2022-0023 (DEV2022-0048)
Exhibit 2
WHEREAS, H.G. Fenton Property Company, "Developer/Owner," has filed a verified
application with the City of Carlsbad regarding property described as
PARCEL 1:
Parcel "B" as shown on Parcel Map No. 4383 in the City of Carlsbad, County
of San Diego, State of California, filed in the office of the County recorder of
San Diego County, January 14, 1976.
PARCEL 2:
That parcel of land, situated within a portion of the South half of Southwest
quarter of Section 28 and within a portion of the South two-thirds of Lot 4
Southeast quarter of Southeast quarter-of Section 29, Township 12 South,
Range 4 West, San Bernardino Meridian, according to Official Plat thereof,
in the County of San Diego, State of California, and more particularly
described as a whole as follows:
Beginning at the corner common to Sections 28, 29, 32, and 33, in said
Township and Range, thence along the Southerly line of said Section 28
North 89°59'20" East 250 feet, more or less, to the Southwesterly corner of
that strip of land 200 feet wide, described in Deed to the Atchison Topeka
and Santa Fe Railway Company, recorded March 30, 1946 as Instrument No.
34729, in Book 2059, Page(s) 466 of Official Records; thence along the
Southwesterly line of said 200 foot strip of land North 21 °08'18" West
856.60 feet, more or less, to the Northeasterly boundary of the 200 foot
right of way of the Atchison Topeka and Santa Fe Railway Company formerly
California Southern Railroad Company, as said right of way was granted by
Act of Congress and as shown on original right of way map thereof approved
by the Department of the Interior, United States of America, on May 12,
1881; thence along said railway boundary South 4°40'18" East to the
Southerly line of said Section 29; thence along said Southerly section line
South 89°49' East to the point of beginning.
May 3, 2023 Item #4 Page 19 of 483
-2-
PARCEL 3:
All that portion of the South two-thirds of Lot 4 (Southeast quarter of the
Southeast quarter) of Section 29, Township 12 South, Range 4 West, San
Bernardino Meridian, in the County of San Diego. State of California,
according to the United State Government Survey approved October 25,
1875, described as follows:
Beginning at the intersection of the South line of said Section 29, with the
Westerly line of the abandoned portion of the Atchison, Topeka and Santa
Fe Railway Company’s (formerly the California Railway Company) right of
way across the South two-thirds of said Lot 4, said point being distant along
said Southerly line North 89°49' West 209.69 feet from the Southeast corner
of said Section 29; thence along the Westerly line of said abandoned
railroad right of way, North 4°40'18" West to the Northerly line of said
South two-thirds of Lot 4, being the South line of land conveyed to Herbert
J. Estes by Deed recorded December 3, 1936 in Book 600, Page 65 of Official
Records; thence retracing South 4°40’18” East a distance of 600.00 feet to
the true point of beginning: thence continuing South 4°40'18” East 159.19
feet; thence South 15°17' East, 188.48 feet to the North line of the South
40.00 feet of said Lot 4; thence along said North line South 89°49' East
162.60 feet to the Easterly line of said abandoned right of way; thence along
said Easterly line North 4°40'18" West 343.26 feet to a point bearing South
89°40'18" East 200.00 feet from the true point of beginning; thence North
89°40’18" West 200.00 feet to the true point of beginning.
APNs: 214-160-25, 214-160-28, 214-171-11 (“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development Plan and
Coastal Development Permit as shown on Exhibit(s) “A – III” dated May 3, 2023, on file in the Planning
Division, SDP2022-0003/CDP2022-0023 – FPC RESIDENTIAL as provided by Chapter 21.06, 21.85, 21.86
and 21.201.030 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and its
implementing regulations (the State CEQA Guidelines), Article 14 of the California Code of Regulations
section 15000 et. seq., the city is the Lead Agency for the project, as the public agency with the principal
responsibility for approving the proposed project. An environmental determination that the project is
exempt from further environmental review was prepared pursuant to CEQA Guidelines section 15332
May 3, 2023 Item #4 Page 20 of 483
-3-
(Class 32 “Infill” Categorical Exemption). At the public hearing on May 3, 2023, the Planning Commission
adopted a resolution to approve the Class 32 “Infill” Categorical Exemption. The Planning Commission’s
decision is final unless appealed to the City Council; and
WHEREAS, the Planning Commission did, on May 3, 2023, hold a duly noticed public
hearing as prescribed by law to consider said request relative to the Site Development Plan and Coastal
Development Permit land use applications; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the Site Development Plan and Coastal Development Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning Commission
APPROVES SDP2022-0003/CDP2022-0023 – FPC RESIDENTIAL, based on the following
findings and subject to the following conditions:
Findings:
Site Development Plan, SDP2022-0003
1. That the proposed development or use is consistent with the General Plan and any applicable
master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the
Carlsbad Municipal Code, and all other applicable provisions of this code, in that the project is
consistent with the various elements and objectives of the General Plan as discussed in the
findings below and in the project staff report dated May 3, 2023 incorporated by reference.
There is no applicable master plan or specific plan for this property. The various goals and
objectives of the General Plan will be implemented as the proposed project is consistent with
the General Plan, which allows for residential uses within the R-15 Residential Land Use
designation. Although the project’s density of 18.5 dwelling units per acre is above the
maximum R-15 density of 15 du/ac, the 86-unit residential project can be found consistent with
the General Plan Land Use Policies as discussed in the findings below and in the project staff
report dated May 3, 2023 through use of a Density Bonus as allowed under California Law and
the Carlsbad Municipal Code.
2. That the requested development or use is properly related to the site, surroundings and
environmental settings, will not be detrimental to existing development or uses or to
May 3, 2023 Item #4 Page 21 of 483
-4-
development or uses specifically permitted in the area in which the proposed development or use
is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that
the proposed project within the Residential Density-Multiple (RD-M) Zone will not be
detrimental to existing uses or to uses specifically permitted in the area in which the use is
located in that multiple-family residential dwellings are a permitted use within the zone. The
proposed units are compatible with the surroundings in scale, massing, and design. The
proposed building heights are consistent with zoning requirements. The apartments will not
adversely impact the site, surroundings, or traffic circulation. Ponto Road, a local/neighborhood
street, has adequate capacity to accommodate the net 637 Average Daily Trips (ADTs)
generated by the overall project, and the project is adequately parked on-site in accordance
with State Density Bonus Law.
3. That the site for the intended development or use is adequate in size and shape to accommodate
the use, in that the subject site is adequate in size and shape to accommodate the proposed 86
triplexes, townhomes, and rowhomes, subject to density bonus provisions for concessions and
waivers or reductions of standards as discussed in the findings below and in the project staff
report dated May 3, 2023. The project is entitled to the requested number of units and the
density bonus incentives/concessions and waivers are necessary for the project to be developed
at the density and with the incentives/concessions permitted by Chapter 21.86 of the Carlsbad
Municipal Code.
4. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested development or use to existing or permitted future development or use in the
neighborhood will be provided and maintained, in that the project complies with all applicable
development standards for residential uses within the RD-M Zone, including lot coverage,
height, setbacks, and parking, etc., subject to density bonus provisions for concessions and waivers or reductions of standards as discussed in the findings below and in the project staff
report dated May 3, 2023. The architecture of the buildings is compatible with the surrounding
residential and commercial development. Landscaping along the street frontage and throughout
the project will be provided consistent with the requirements of the city’s Landscape Manual.
5. That the street systems serving the proposed development or use is adequate to properly handle
all traffic generated by the proposed use, in that the proposed project has been designed with
two street entries. One located off Ponto Road, and one located off a private road extension,
Beach Way. Ponto Road is identified as a local/neighborhood street and is designed to
adequately handle the net 637 Average Daily Trips (ADTs) generated by the overall project. The
project site is served by one NCTD bus route with stops within ¼ mile of the site, and bike lanes
are provided on Carlsbad Boulevard, Poinsettia Lane, and Avenida Encinas. In addition, the
applicant will be required to pay traffic impact fees in accordance with CMC 18.42 and subject
to SB330 prior to issuance of building permits that will go towards future road improvements.
Coastal Development Permit, CDP2022-0023
6. That the proposed development is in conformance with the Certified Local Coastal Program (LCP)
and all applicable policies in that the site is designated for residential development. The
development is consistent with the LCP Mello II R-15 land use designation as summarized below
and further detailed in the project staff report dated May 3, 2023. No agricultural activities,
sensitive resources, dual criteria slopes (greater than 25% and possessing endangered
May 3, 2023 Item #4 Page 22 of 483
-5-
plant/animal species and/or coastal sage scrub and chaparral plant communities), geological
instability, flood hazard or coastal access opportunities exist onsite. The two- and three-story
residential buildings do 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.
7. 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 coastal shore; therefore, it will
not interfere with the public’s right to physical access or water-oriented recreational activities.
Inclusionary Housing and Density Bonus
8. The project is consistent with the provisions of CMC Chapter 21.86 and Government Code
Section 65915, commonly referred to as State Density Bonus Law, in that the proposed mixed-
use project includes the requisite 15% of the maximum base density as lower income, deed-
restricted housing units. Project has been granted additional units, incentives, and waivers in
accordance with density bonus provisions found in Government Code Section 65915 and
Carlsbad Municipal Code Chapter 21.86. Per density bonus definitions, the project had a
calculation of 70 Base Units. Developer requested a 27.5% increase, which allows up to an
additional 20 units for a total maximum project size of 90 units (Developer is requesting fewer
units at 86). Based on the requested density bonus, Developer must provide 15% of the Base
Units to lower income units as defined by California Health and Safety Code Section 50053.
Project is conditioned to provide 11 density bonus affordable units based on calculations in
Government Code Section 65915 and enforced by the California Department of Housing and
Community Development.
9. Project is also subject to Carlsbad Municipal Code Chapter 21.85, requiring 15% of the total residential units be affordable for lower income households. Carlsbad Municipal Code (CMC)
Section 21.85.050 states the required number of lower-income inclusionary units shall be 15%
of the total residential units approved by the final decision-making authority, including density
bonus units. Therefore, the affordable units required by this code section is 13 units (86 x 0.15
= 12.9 rounded up to 13). Project is conditioned to provide 13 inclusionary units based on
Carlsbad Municipal Code Chapter 21.85.
10. Per Carlsbad Municipal Code (CMC) Section 21.86.130, those affordable dwelling units provided
to meet the inclusionary requirement established pursuant to CMC Chapter 21.85, shall be
counted toward satisfying the density bonus requirements of this chapter. Eleven (11) of the 13
units can count towards the density bonus affordable requirement, as long as they meet the
affordability requirement identified in Government Code Section 65915. Therefore, the
conditions identified in the above two findings are cumulative and will be satisfied through one
Affordable Housing Agreement to provide 13 total affordable units based on CMC Chapter
21.85, 11 of which will be at a lower income level to satisfy CMC Chapter 21.86.
General
11. 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 May
3, 2023 including, but not limited to the following:
May 3, 2023 Item #4 Page 23 of 483
-6-
a. Land Use & Community Design, Goal 2-G.2 – The project will provide new multi- family
residential apartments in the form of 73 market rate units and 13 affordable units located
near jobs, schools, beaches, lagoons, and convenient neighborhood-serving commercial
services. The project provides all required parking onsite in accordance with density bonus
law and has convenient access to public transit via NCTD local bus Route 101, serving
Oceanside and Carlsbad, which also connects to the Coaster in Carlsbad and the Sprinter in
Oceanside providing further regional connectivity.
b. Land Use & Community Design, Goal 2-G.3 – The project is proposed on a redevelopment
site surrounded by existing developments on three sides and is not located within or
adjacent to any preserve areas as identified in the city’s HMP. The project would provide
future residents with access to convenient neighborhood-serving commercial uses and will
also provide housing to support nearby employment centers.
c. Land Use & Community Design, Goal 2-G.4 – The multiple-family residential project with 86
apartments units (73 market rate and 13 affordable) in a variety of bedroom counts,
provides for much needed higher density housing located nearby to convenient
neighborhood-serving commercial uses and nearby employment centers.
d. Land Use & Community Design, Policy 2-P.89 – The Ponto Beachfront Village Vision Plan
identified the project site as being developed with either a two- to three-story Village Hotel
or a courtyard apartment complex. While the Ponto Beachfront Village Vision Plan was
never adopted by the California Coastal Commission; and therefore, is invalid and not
applicable, it is worth noting that the proposed project is being developed with two- to
three-story, multiple-family residential apartments, a land use that is consistent with the
land uses envisioned in the uncertified Ponto Beachfront Village Vision Plan.
e. Mobility, Goal 3-G.3 – The proposed project would construct a new 10-foot-wide parkway
with street trees where no sidewalk currently exists. The proposed parkway will extend the
connection from Carlsbad Boulevard.
f. Mobility, Policy 3-P.5 – The project is proposing to improve both Ponto Road and Ponto
Drive with new street sections along the property frontage. The new street sections will
provide improvements for vehicular, bicycle, and pedestrian travel modes. Additionally, the
project is conditioned to improve two (2) existing North County Transit District bus stops
along Carlsbad Boulevard.
g. Open Space, Conservation & Recreation, Goal 4-G.3 – There is no wildlife habitat, or rare,
threatened, or endangered plant or animal communities present on the project site, nor
adjacent to it.
h. Noise, Goals 5-G.1 and 5-G.2 – Helix Environmental Planning conducted a noise study
(October 5, 2022) and a train vibration analysis (September 20, 2022) for the proposed
project. The principal noise source associated with the proposed project is from existing
railroad usage along the eastern frontage. A new 7.5-foot-tall sound wall is proposed to
ensure exterior noise levels meet the 60 dBA CNEL exterior noise standard and higher pane
windows will be utilized to ensure that the 45 dBA CNEL indoor noise standard is achieved. Additionally, the vibration levels at the project site from train pass-bys, consisting of 57.86
May 3, 2023 Item #4 Page 24 of 483
-7-
VdB for northbound, and 62.54 VdB for southbound, are below the Federal Transit
Administration’s (FTA) and City of Carlsbad’s General Plan threshold of 72 VdB for frequent
vibrations events.
i. Public Safety, Goal 6-G.1 – The proposed project is not located in any Very High Fire Severity
Zone, Flood Zones, or Earthquake Fault Zones. The proposed structural improvements
would be required to meet all seismic design standards at time of building permit in
accordance with the California Building Code. The Fire Department has reviewed and
approved the proposed conceptual building design with fire sprinklers included throughout
the building per the National Fire Protection Association (NFPA) standards. All buildings are
located outside of the high pressure gas line easement.
j. Public Safety, Goal 6-G.2 – The proposed project is not located within a safety zone, airspace
protection area or noise contour of the McClellan Palomar Airport Land Use Compatibility Plan.
k. Public Safety, Goal 6-G.4 – The proposed project would provide fire hydrants and supporting
water infrastructure in accordance with Fire Department requirements; secondary
emergency access is provided on site at proposed Beach Way; fire sprinklers are required
and provided for all residential structures; and the dwelling units proposed by this project
are all within a 5-minute emergency response time.
l. Public Safety, Policy 6-P.6 – The project has been conditioned to develop and implement a
program of “best management practices” for the elimination and reduction of pollutants
which enter and/or are transported within storm drainage facilities.
m. Public Safety, Policy 6-P.34 – The project is required to comply with all Building and Fire
codes to ensure that fire protection standards are met by the proposed structures.
n. Public Safety, Policy 6-P.39 – The project is required to construct or pay applicable fees for
necessary improvements, public utilities, and facilities in accordance with Growth
Management requirements; Fire Station No. 4 is located 1.4 miles away from the project
site and is within emergency response timeframes; and the project will not effect the city’s
ability to implement its Emergency Operations Plan.
o. Sustainability, Policy 9-P.1 – The project implements and is consistent with measures
identified in the Climate Action Plan (CAP) through the provision of renewable energy
generation (photovoltaic systems), energy conservation (Green Building Code), and by
accommodating Zero-Emission vehicles and other greenhouse gas reduction measures and
features. At building permit, the project will also be reviewed for compliance with the CAP ordinances.
p. Housing, Goal 10-G.3 – Per CMC Chapter 21.85, a project is required to provide 15% of the
total residential units as affordable for lower income households. The project is providing
affordable housing onsite and is conditioned to enter into an Affordable Housing
Agreement with the city to provide and deed restrict 13 dwelling units as affordable to
lower-income households for 55 years, earning up to 60% of the area median income (AMI)
(11 units), and 70% AMI (2 units).
May 3, 2023 Item #4 Page 25 of 483
-8-
q. Housing, Policy 10-G.2 – The proposed project will increase the diversity of housing in
Carlsbad by adding 86 multiple-family apartment units to the city’s housing inventory. In
addition, the project will increase housing diversity by providing housing offered at a price
affordable to low income households. The project is conditioned to enter into an Affordable
Housing Agreement with the city to provide and deed restrict 13 dwelling units (15%) as
affordable to lower-income households for 55 years, earning up to 60% of the area median
income (AMI) (11 units), and 70% AMI (2 units).
r. Housing, Policy 10-P.15 – The project is conditioned to enter into an Affordable Housing
Agreement with the city to provide and deed restrict 13 dwelling units (15%) as affordable
to lower-income households for 55 years, earning up to 60% of the area median income
(AMI) (11 units), and 70% AMI (2 units). Additionally, of those 13 affordable units, twelve
(12) units consist of 3-bedrooms or more (92%) whereas only 10% are required to be 3-
bedroom units.
s. Housing, Policy 10-P.19 – The city currently has a jobs/housing ratio where there are more
jobs than housing. The project replaces a previously built 36,500-square-foot self-storage
facility with 86 residential apartment units (73 market rate and 13 affordable). The project
expands the city’s affordable housing stock to assist in meeting its Regional Housing Needs
Assessment and provides an adequate number of housing units to meet the needs of low
income households.
12. The Planning Commission hereby finds that all development in Carlsbad benefits from the Habitat
Management Plan, which is a comprehensive conservation plan and implementation program
that will facilitate the preservation of biological diversity and provide for effective protection and
conservation of wildlife and plant species while continuing to allow compatible development in
accordance with Carlsbad’s Growth Management Plan. Preservation of wildlife habitats and
sensitive species is required by the Open Space and Conservation Element of the City’s General
Plan which provides for the realization of the social, economic, aesthetic and environmental
benefits from the preservation of open space within an increasingly urban environment.
Moreover, each new development will contribute to the need for additional regional
infrastructure that, in turn, will adversely impact species and habitats. The In-Lieu Mitigation Fee
imposed on all new development within the City is essential to fund implementation of the City’s
Habitat Management Plan. Pursuant to the HMP, the project has been conditioned to pay
habitat in-lieu fees in compliance with adopted regulatory practices for the removal of 2.02
acres of disturbed lands (Habitat Group F).
13. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 22 and all city public facility policies and ordinances. The project
includes elements or has been conditioned to construct or provide funding to ensure that all
facilities and improvements regarding sewer collection and treatment; water; drainage;
circulation; fire; schools; parks and other recreational facilities; libraries; government
administrative facilities; and open space, related to the project will be installed to serve new
development prior to or concurrent with need. Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified School District
that the project has satisfied its obligation for school facilities.
May 3, 2023 Item #4 Page 26 of 483
-9-
b. 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.
c. The Local Facilities Management fee for Zone 22 is required by Carlsbad Municipal Code
Section 21.90.050 and will be collected prior to issuance of building permit.
14. The project has been conditioned to pay any increase in public facility fee, or new construction
tax, or development fees, and has agreed to abide by any additional requirements established by
a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal
Code. This will ensure continued availability of public facilities and will mitigate any cumulative
impacts created by the project.
15. This project has been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 22.
16. That all necessary public facilities required by the Growth Management Ordinance will be
constructed or are guaranteed to be constructed concurrently with the need for them created by
this project and in compliance with adopted city standards.
17. The project is consistent with the adopted Airport Land Use Compatibility Plan for the McClellan-
Palomar Airport (ALUCP), dated December 1, 2011, in that the project is not located within any
noise contours, safety zone, or overflight notification areas. However, the project site is located
within the Airport Influence Area (AIA) Review Area 2 and the Airport Airspace Protection Area.
All properties located within the AIA Review Area 2 area may be subject to some of the
annoyances or inconveniences associated with their proximity to airport operations. Airport elevation is 331 feet above mean sea level (AMSL). The elevation at the project site is 50 feet
AMSL. The Airport Airspace Protection Area enforces the requirements set for FAA notification
by Part 77. The project does not meet any requirements for FAA notification; and therefore, no
further action is needed.
18. That the project is consistent with the city’s Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
19. The City Planner has determined that the project belongs to a class of projects that the State
Secretary for Resources has found do not have a significant impact on the environment, and it is
therefore categorically exempt from the requirement for preparation of environmental
documents pursuant to Section 15332 – In-fill Development Projects of the State CEQA
Guidelines as an infill development project. In making this determination, the City Planner has
found that the exceptions listed in Section 15300.2 of the State CEQA Guidelines do not apply to
this project.
20. 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.
May 3, 2023 Item #4 Page 27 of 483
-10-
21. That concurrently with this resolution, the Planning Commission is taking a number of actions
in furtherance of the proposed project, as generally described by the May 3, 2023 Planning
Commission Staff Report. No single component of the series of actions made in connection with
the proposed project shall be effective unless and until it is approved by resolution and is
procedurally effective in the manner provided by state law. Therefore, this resolution shall
become effective and operative only if the companion resolution is approved; and effective and
operative on the day immediately subsequent to the date that resolution becomes effective.
Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of a
grading or building permit, or approval of the Final Map, whichever occurs first.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the city shall have the right to revoke or modify all approvals herein
granted; deny or further condition issuance of all future building permits; deny, revoke, or further
condition all certificates of occupancy issued under the authority of approvals herein granted;
record a notice of violation on the property title; institute and prosecute litigation to compel their
compliance with said conditions or seek damages for their violation. No vested rights are gained
by Developer or a successor in interest by the city’s approval of this Site Development Plan and
Coastal Development Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Site Development Plan and Coastal Development Permit documents, as
necessary to make them internally consistent and in conformity with the final action on the
project. Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid, this approval shall be invalid unless the City Council
determines that the project without the condition complies with all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney’s fees incurred by the city arising, directly or indirectly,
from (a) city’s approval and issuance of this Site Development Plan and Coastal Development
Permit, (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
May 3, 2023 Item #4 Page 28 of 483
-11-
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 (Project Site Plan
or other), conceptual grading plan and preliminary utility plan reflecting the conditions approved
by the final decision-making body. The copy shall be submitted to the City Planner, reviewed and,
if found acceptable, signed by the city's project planner and project engineer. If no changes were
required, the approved exhibits shall fulfill this condition.
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 22 Local Facilities Management Plan and any amendments made to that Plan prior to
the issuance of building permits.
9. This approval shall become null and void if building permits are not issued for this project within
24 months from the date of project approval.
10. Building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides written certification to the city that adequate water service
and sewer facilities, respectively, are available to the project at the time of the application for the
building permit, and that water and sewer capacity and facilities will continue to be available until
the time of occupancy. A note to this effect shall be placed on the Final Map.
11. Developer shall pay the Citywide Public Facilities Fee imposed by City Council Policy #17, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD
#1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section
5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone
22, 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. This approval shall be null and void if the project site subject to this approval is not annexed to
City of Carlsbad CFD No. 1 within 60 days of the approval. The City shall not issue any grading,
building, or other permit, until the annexation is completed. The City Manager is authorized to
extend the 60 days, for a period not to exceed 60 days, upon a showing of good cause.
13. Prior to issuance of grading permit(s), 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.
May 3, 2023 Item #4 Page 29 of 483
-12-
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 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 Site Development Plan and Coastal Development Permit
by Resolution No. 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.
16. This project has been found to result in impacts to wildlife habitat or other lands, such as
disturbed lands (Group F Habitat), which provide some benefits to wildlife, as documented in the
city’s Habitat Management Plan and the environmental analysis for this project. Developer is
aware that the city has adopted an In-lieu Mitigation Fee consistent with Section E.6 of the Habitat
Management Plan and City Council Resolution No. 2000-223 to fund mitigation for impacts to
certain categories of vegetation and animal species. The Developer is further aware that the city
has determined that all projects will be required to pay the fee in order to be found consistent
with the Habitat Management Plan and the Open Space and Conservation Element of the General
Plan. Developer or Developer’s successor(s) in interest shall pay the Habitat In-Lieu mitigation
fee, consistent with the City’s Habitat Management Plan (HMP) for the removal of 2.02 acres of
disturbed lands (Group F Habitat) prior to recordation of a final map, or issuance of a grading
permit or building permit, whichever occurs first. If the In-lieu Mitigation Fee for this project is
not paid, this project will not be consistent with the Habitat Management Plan and the General
Plan and any and all approvals for this project shall become null and void.
17. Prior to the approval of the final map for any phase of this project, or where a map is not being
processed, prior to the issuance of building permits for any lots or units, the Developer shall enter
into an Affordable Housing Agreement with the city to provide and deed restrict 13 dwelling units
as affordable to lower-income households for 55 years, earning up to 60% of the area median
income (AMI) (11 units), and 70% AMI (2 units), in accordance with the requirements and process
set forth in Chapters 21.85 and 21.86 of the Carlsbad Municipal Code. The draft Affordable
Housing Agreement shall be submitted to the City Planner no later than 60 days prior to the
request to final the map and shall be recorded prior to issuance of the first building permit. The
recorded Affordable Housing Agreement shall be binding on all future owners and successors in
interest.
18. Developer shall construct the project’s required affordable units concurrent with the project’s
market rate units in accordance with the unit type distribution identified below and in
accordance with CMC Section 21.85.100(C).
Unit
Type
Bedroom/
Bathrooms
Market Rate
Quantity
Affordable
Quantity
Affordability
Level
May 3, 2023 Item #4 Page 30 of 483
-13-
Rowhomes (Buildings No. 1-6)
Plan R1 3/3 15 3 60%
Plan R2 4/3.5 9 2 60%
Plan R3 4/3.5 1 0 0
Townhomes (Buildings No. 7-15)
Plan F1 3/3.5 12 2 60%
Plan F2 4/3.5 15 3 60%
Triplexes (Buildings No. 16-23)
Plan T1 2/2 7 1 60%
Plan T2 3/2.5 7 1 70%
Plan T3 4/3 7 1 70%
Total: 73 13 11 units at 60%
2 units at 70%
19. Prior to issuance of grading and building permits, Developer shall list the following condition on
all grading and building permit construction plans. Construction activities shall take place during
the permitted time and day per Carlsbad Municipal Code Chapter 8.48. Developer shall ensure
that construction activities for the proposed project are limited to the hours from 7:00 a.m. to
6:00 p.m. Monday through Friday, and 8:00 a.m. to 6:00 p.m. on Saturdays; no work shall be
conducted on Sundays or on federal holidays.
20. All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in substance
as provided in Building Department Policy No. 80-6, to the satisfaction of the City Planner and
Building Official.
21. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so
required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner of
an Outdoor Storage Plan, and thereafter comply with the approved plan.
22. 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.
23. Developer shall submit a street name list consistent with the city's street name policy subject to
the City Planner's approval.
24. Prior to issuance of a building permit for any building that has windows and doors of habitable
rooms with both a direct line-of-sight and within 425 feet of the railroad tracks, the developer
shall show on the building plans, with a qualified acoustician certifying that, all the construction
requirements necessary to meet the required 45 dB(a) CNEL interior noise level as required in
the project's noise study prepared by Helix Environmental Inc., dated October 5, 2022.
25. Prior to issuance of a grading permit, Developer shall show on the project grading and final landscape plans a noise control barrier a minimum of 7.5 feet above finished pad for the
residences adjacent the rail with a clear view of the rail in a location consistent with the
project's noise study prepared by Helix Environmental Inc., dated October 5, 2022.
May 3, 2023 Item #4 Page 31 of 483
-14-
26. Prior to issuance of a grading permit or the commencement of any ground-disturbing activities,
whichever occurs first, Developer shall provide written confirmation to the City Planner that a
qualified paleontologist has been retained to draft and implement a paleontological monitoring
program in accordance with the provisions of the City of Carlsbad Tribal, Cultural, and
Paleontological Resources Guidelines (September 2017) and as further detailed in the
Paleontological Resources Inventory (FPC Residential, Dudek, October 2022) as project design
feature (PDF-GEO-1).
27. Prior to issuance of a grading permit or the commencement of any ground-disturbing activities,
whichever occurs first, Developer shall:
a. Retain the services of a qualified archaeologist who shall be on-site to monitor ground
disturbing activities. In the event cultural resource material is encountered, the
archaeologist is empowered to temporarily divert or halt grading to allow for coordination
with the Luiseno Native American monitor and to determine the significance of the
discovery. The archaeologist shall follow all standard procedures for cultural resource
materials that are not Tribal Cultural Resources, in accordance with applicable laws and
regulations including but not limited to the Carlsbad Tribal, Cultural and Paleontological
Resources Guidelines (2017).
b. Enter into a Pre-Excavation Agreement, otherwise known as a Tribal Cultural Resources
Treatment and Tribal Monitoring Agreement, with the San Luis Rey Band of Mission Indians
or other Luiseno Native American tribe that meets all standard requirements of the tribe
for such Agreements, in accordance with applicable laws and regulations including but not
limited to the Carlsbad Tribal, Cultural and Paleontological Resources Guidelines (2017). This agreement will address provision of a Luiseno Native American monitor and contain
provisions to address the proper treatment of any Tribal Cultural Resources and/or Native
American human remains inadvertently discovered during the course of the project. The
agreement will outline the roles and powers of the Luiseno Native American monitor and
the archaeologist.
28. Developer shall avoid affecting nesting bird species (raptors, listed bird species, and migratory
birds) during construction activities, including clearing and grubbing, during the bird breeding
season (February 15 to August 31). If the breeding season cannot be avoided, the following
actions shall be taken:
a. No more than three (3) days prior to any vegetation clearing or construction activities, a
qualified biologist shall conduct a pre-construction survey throughout the site to identify
nests or nesting behavior. Monitoring shall continue throughout the breeding season. If an
active nest is observed, a protective buffer shall be fenced off, and no work shall be allowed
within the buffer until the nest is no longer active (e.g., all nestlings have successfully
fledged). A buffer width of at least 500 feet shall be required for raptors or listed species
such as coastal California gnatcatcher or least Bell’s vireo. Buffer width for other species
shall be determined by a qualified biologist, in coordination with the city and Wildlife
Agencies based on species biology and site conditions.
May 3, 2023 Item #4 Page 32 of 483
-15-
b. The USFWS shall be notified immediately of any federally listed species that are located
during pre-construction surveys.
c. A qualified biologist shall monitor construction activities during the breeding season. No
activities that would result in noise levels exceeding 60 dBA hourly Leq within 500 feet of
breeding habitat occupied by listed species. Ambient noise shall be excluded from the 60
dBA calculation. If excess noise-producing construction activities are not completed prior to
the breeding season, and birds are nesting during the breeding season, noise barriers shall
be erected to reduce noise impacts at the distance of the nests to below 60 dBA hourly Leq
or the activities shall be suspended. The nest shall be monitored by the monitoring biologist,
and the noise restrictions shall continue until the noise producing machinery work is
completed.
A note to this effect shall be placed on all construction, grading, and improvement plans.
29. Prior to issuance of grading and building permits, developer shall list the following on all
construction, grading and improvement plans. Developer shall adhere to the following
measures for all construction phases of the project:
a. The project contractor shall, to the extent feasible, schedule construction activities to avoid
the simultaneous operation of construction equipment so as to minimize noise levels
resulting from operating several pieces of high noise level emitting equipment.
b. All construction equipment, fixed or mobile, shall be equipped with properly operating and
maintained mufflers. Enforcement shall be accomplished by random field inspections by
applicant personnel during construction activities, to the satisfaction of the City of Carlsbad.
c. Construction noise reduction methods such as shutting off idling equipment, construction
of a temporary noise barrier, locating stockpiling and/or construction equipment staging
areas as far as practicable from adjacent residences or other noise-sensitive receptors, and
use of electric air compressors and similar power tools, rather than diesel equipment, shall
be used where feasible.
d. During construction, stationary construction equipment shall be placed such that emitted
noise is directed away from or shielded from sensitive receptors.
e. Construction hours, allowable workdays, and the phone number of the job
superintendent shall be clearly posted at all construction entrances to allow surrounding
property owners to contact the job superintendent if necessary. In the event the City of
Carlsbad receives a complaint, appropriate corrective actions shall be implemented,
and a report of the action provided to the reporting party.
f. To comply with SDAPCD Rule 55, Fugitive Dust Control, the active grading sites shall be
watered at least two times daily.
g. Prior to the start of construction activities and issuance of grading permits, the project
applicant, or its designee, shall ensure that all 84 horsepower or greater diesel-powered
equipment are powered with California Air Resources Board (CARB)-certified Tier 4 Interim
May 3, 2023 Item #4 Page 33 of 483
-16-
engines or better, except where the project applicant establishes to the satisfaction of the
City of Carlsbad (City) that Tier 4 Interim equipment is not available. An exemption from
this requirement may be granted by the City if (1) the City documents equipment with Tier
4 interim engines are not reasonably available, and (2) the required corresponding
reductions in criteria air pollutant emissions can be achieved for the project from other
combinations of construction equipment. Before an exemption may be granted, the
construction contractor shall: confirm that the proposed replacement equipment has been
evaluated using California Emissions Estimator Model (CalEEMod) or other industry
standard emission estimation method and documentation provided to the City to confirm
that necessary project-generated emissions reductions are achieved.
Engineering:
General
30. 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.
31. 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.
32. Developer shall prepare, submit, and process for City Engineer approval an administrative parcel
map to consolidate parcels (APN 214-160-25, 214-160-28, 214-171-11). There shall be one Parcel
Map recorded for this project. Developer shall pay the city standard map review plan check fees.
33. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this condition.
34. Developer shall submit to the City Engineer written approval from North County Transit District
(NCTD) for the offsite grading, storm drain, and private sewer force main within the railroad
right-of-way.
35. Developer shall submit to the City Engineer written approval from Southern California Gas
Company for the grading and improvements within their easement.
36. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover, etc.)
and irrigation along the parkway frontage with Ponto Drive and Ponto Road as shown on the
Tentative Map/Site Plan.
Fees/Agreements
37. 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.
38. Developer shall cause property owner to execute and submit to the City Engineer for recordation
May 3, 2023 Item #4 Page 34 of 483
-17-
the city’s standard form Drainage Hold Harmless Agreement.
39. 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.
40. Developer shall cause property owner to apply for, execute, and submit, to the City Engineer for
recordation, an Encroachment Agreement covering private tree wells located over proposed
public right-of-way or easements as shown on the site plan. Developer shall pay processing fees
per the city’s latest fee schedule.
Grading
41. Based upon a review of the proposed grading and the grading quantities shown on the site plan,
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.
42. This project requires off site grading. No grading for private improvements shall occur outside the
project unless developer obtains, records, and submits a recorded copy, to the City Engineer, a
temporary grading, construction or slope easement or agreement from the owners of the affected
properties. If developer is unable to obtain the temporary grading or slope easement, or
agreement, no grading permit will be issued. In that case developer must either apply for and
obtain an amendment of this approval or modify the plans so grading will not occur outside the
project and apply for and obtain a finding of substantial conformance and/or consistency
determination from both the City Engineer and City Planner.
43. This project requires off site private improvements. No private improvements shall be
constructed outside the project unless developer obtains, records, and submits a recorded copy,
to the City Engineer, an easement for private improvements or agreement/license from the
owners of the affected properties. If developer is unable to obtain the easement or
agreement/license, no grading permit will be issued. In that case developer must either apply
for and obtain an amendment of this approval or modify the plans so private improvements
will not be constructed outside the project and apply for and obtain a finding of substantial
conformance and/or consistency determination from both the City Engineer and City Planner.
Storm Water Quality
44. 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.
45. Developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3
May 3, 2023 Item #4 Page 35 of 483
-18-
SWPPP). The TIER 3 SWPPP shall comply with current requirements and provisions established by
the San Diego Regional Water Quality Control Board and City of Carlsbad Requirements. The TIER
3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff during
construction of the project to the maximum extent practicable. Developer shall pay all applicable
SWPPP plan review and inspection fees per the city’s latest fee schedule.
46. This project is subject to ‘Priority Development Project’ requirements and Trash Capture
requirements. Developer shall prepare and process a Storm Water Quality Management Plan
(SWQMP), subject to City Engineer approval, to comply with the Carlsbad BMP Design Manual
latest version. The final SWQMP required by this condition shall be reviewed and approved by the
City Engineer with final grading plans. Developer shall pay all applicable SWQMP plan review and
inspection fees per the city’s latest fee schedule.
47. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control
BMP and applicable hydromodification measures.
Dedications/Improvements
48. Developer shall cause owner to dedicate to the city and/or other appropriate entities an
easement for public street and public utility purposes as shown on the site plan. The offer shall
be made by a certificate on the final map. All land so offered shall be free and clear of all liens and
encumbrances and without cost to the city. Streets that are already public are not required to be
rededicated. Additional easements may be required at final design to the satisfaction of the City
Engineer.
49. Developer shall cause owner to dedicate to the city and/or other appropriate entities an
easement for water purposes as shown on the site plan. The offer shall be made by a certificate
on the final map. All land so offered shall be free and clear of all liens and encumbrances and
without cost to the city. Additional easements may be required at final design to the satisfaction
of the City Engineer.
50. Developer shall design the private streets, as shown on the site plan to the satisfaction of the City
Engineer. The structural section of all private streets shall conform to City of Carlsbad Standards
based on R-value tests. All private streets shall be inspected by the city. Developer shall pay the
standard improvement plan check and inspection fees for private streets.
51. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction
of the City Engineer. All private drainage systems (12-inch 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.
52. Prior to the issuance of a building permit, the developer shall submit detailed design drawings
and studies for the construction of a private potable water and sewer system and private sewer
lift station required to serve the project. Said drawings and studies shall be prepared and
submitted to the satisfaction of the building official.
53. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a
May 3, 2023 Item #4 Page 36 of 483
-19-
right-of-way permit to the satisfaction of the City Engineer.
54. Developer shall prepare and process public improvement plans and, prior to City Engineer
approval of said plans, shall execute a city standard Development Improvement Agreement to
install and shall post security in accordance with C.M.C. Section 20.16.070 for public
improvements shown on the site plan. Said improvements shall be installed to city standards to
the satisfaction of the City Engineer. These improvements include, but are not limited to:
A. A.C. pavement, street lights, storm drain, tree wells, A.C. berm, curb, gutter and
sidewalk for Ponto Road and Ponto Drive as shown on the site plan.
B. Public water system as shown on the site plan.
C. Install an ADA accessible pad, bench and trash can to the existing bus stop on
northbound Carlsbad Blvd north of Ponto Road. These improvements shall be
coordinated with NCTD and completed to the satisfaction of the Engineering Manager.
D. Install an ADA accessible pad, bench and trash can for a bus stop on southbound
Carlsbad Blvd. Construct an ADA-compliant path of travel along the west side of
Carlsbad Blvd from the bus stop to the intersection of Ponto Road and Carlsbad Blvd.
The improvements shall be coordinated with NCTD and completed to the satisfaction
of the Engineering Manager.
E. All bus stop furniture (i.e., bench, trash can, etc.) shall consist of the black or brown
color type to the satisfaction of the Engineering Manager and City Planner.
Additional public improvements required in other conditions of this resolution are hereby
included in the above list by reference. 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 development improvement agreement or such
other time as provided in said agreement.
55. 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.
56. Developer is responsible to ensure all existing overhead utilities servicing the subject property
are to be undergrounded as shown on the site plan and to the satisfaction of the City Engineer.
No new or relocated utility poles that serve the project are allowed along the project frontage.
57. 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 Site Plan and to the
satisfaction of the City Engineer. These facilities shall be constructed within the property.
May 3, 2023 Item #4 Page 37 of 483
-20-
Non-Mapping Notes
58. Add the following notes to the final map as non-mapping data:
A. Developer has executed a city standard Development Improvement Agreement and has
posted security in accordance with C.M.C. Section 20.16.070 to install public
improvements shown on the Site Plan. These improvements include, but are not limited
to:
1) A.C. pavement, street lights, storm drain, tree wells, A.C. berm, curb, gutter and
sidewalk for Ponto Road and Ponto Drive as shown on the site plan.
2) Public water system as shown on the site plan.
3) Install an ADA accessible pad, bench and trash can to the existing bus stop on
northbound Carlsbad Boulevard north of Ponto Road. These improvements shall be
coordinated with NCTD and completed to the satisfaction of the Engineering
Manager.
4) Install an ADA accessible pad, bench and trash can for a bus stop on southbound
Carlsbad Boulevard. Construct an ADA-compliant path of travel along the west side
of Carlsbad Boulevard from the bus stop to the intersection of Ponto Road and
Carlsbad Boulevard. The improvements shall be coordinated with NCTD and
completed to the satisfaction of the Engineering Manager.
5) All bus stop furniture (i.e., bench, trash can, etc.) shall consist of the black or brown color type to the satisfaction of the Engineering Manager and City Planner.
B. Building permits will not be issued for development of the subject property unless the
appropriate agency determines that sewer and water facilities are available.
C. Geotechnical Caution:
1) The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may
arise through any geological failure, ground water seepage or land subsidence and
subsequent damage that may occur on, or adjacent to, this development 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
May 3, 2023 Item #4 Page 38 of 483
-21-
design, construction or maintenance of the drainage system or other improvements
identified in the city approved development plans.
Utilities
59.Developer shall meet with the Fire Chief to determine if fire protection measures (fire flows, fire
hydrant locations, building sprinklers) are required to serve the project.
60.Developer shall design and agree to construct public facilities within public right-of-way or within
minimum 20-foot-wide easements granted to the district or the City of Carlsbad. At the discretion
of the District Engineer or City Engineer, wider easements may be required for adequate
maintenance, access and/or joint utility purposes.
61.The developer shall agree to design landscape and irrigation plans utilizing recycled water as a
source and prepare and submit a colored recycled water use map to the Planning Department for
processing and approval by the district engineer.
62.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.
63.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.
64.The developer shall design and agree to construct public water, sewer, and recycled water
facilities substantially as shown on the site plan to the satisfaction of the district engineer and City
Engineer.
65.The potable water service for this project shall be master-metered which shall be located within
a water easement subject to approval by the district engineer. Developer shall install private sub-
meters as necessary for all proposed units. Final meter design, backflow preventer, size, and
manufacturer shall be provided to the satisfaction of the district engineer and shown on public
improvement plans.
66.The developer shall submit a detailed sewer study, prepared by a registered engineer, that
identifies the peak flows of the project, required pipe sizes, depth of flow in pipe, velocity in the
main lines, and the capacity of the existing infrastructure. Said study shall be submitted
concurrently with the improvement plans for the project and the study shall be prepared to the
satisfaction of the district engineer.
67.The developer shall submit a detailed potable water study, prepared by a registered engineer that
identifies the peak demands of the project (including fire flow demands). The study shall identify
velocity in the main lines, pressure zones, and the required pipe sizes. Said study shall be
submitted concurrently with the improvement plans for the project and the study shall be
prepared to the satisfaction of the district engineer.
May 3, 2023 Item #4 Page 39 of 483
-22-
Code Reminders
68.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 preempted by SB 330 or specifically provided herein.
69.Developer shall report, in writing, to the City Planner within 30 days, any address change from
that which is shown on the permit application, any change in the telecommunications provider,
or any transfer in ownership of the site.
70.Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
71.Any signs proposed for this development shall at a minimum be designed in conformance with
the city’s Sign Ordinance and shall require review and approval of the City Planner prior to
installation of such signs.
72.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.
73.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 site plan are for planning purposes only.
74.Subdivider shall comply with Section 20.16.040(d) of the Carlsbad Municipal Code regarding the
undergrounding of existing overhead utilities.
75.Developer acknowledges that the project is required to comply with the city’s greenhouse gas
(GHG) reduction ordinances and requirements. GHG reduction requirements are in accordance
with, but are not limited to, Carlsbad Municipal Code Chapters 18.21, 18.30, and 18.51 in addition
to the California Green Building Standards Code (CCR, Title 24, Part 11 – CALGreen), as amended
from time to time. GHG reduction requirements may be different than what is proposed on the
project plans or in the Climate Action Plan Checklist originally submitted with this project.
Developer acknowledges that new GHG reduction requirements related to energy efficiency,
photovoltaic, electric vehicle charging, water heating and traffic demand management
requirements as set forth in the ordinances and codes may impact, but are not limited to, site
design and local building code requirements. If incorporating GHG reduction requirements results
in substantial modifications to the project, then prior to issuance of development (grading,
building, etc.) permits, Developer may be required to submit and receive approval of a
Consistency Determination or Amendment for this project through the Planning Division.
Compliance with the applicable GHG reduction requirements must be demonstrated on or with
the construction plans prior to issuance of the applicable development permits
May 3, 2023 Item #4 Page 40 of 483
-23-
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.
)
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
the City of Carlsbad, California, held on May 3, 2023, by the following vote, to wit:
AVES: Hubinger, Kamenjarin, Lafferty, Meenes, Sabellico and Stine
NAYES:
ABSENT:
ABSTAIN: Merz
KEVIN SABELLICO, Vice Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
ERIC LARDY
City Planner
-24-May 3, 2023 Item #4 Page 41 of 483
PACIFIC OCEAN
C
A
R
L
S
B
A
D
B
L
S
A
N
L
U
I
S
PO
N
T
O
R
D
P
O
N
T
O
D
R
CA
R
L
S
B
A
D
S
T
A
T
E
B
E
A
C
H
D
Y
S
E
A
FARER
P
L
SAN
T
A
BARBARA
SA
N
L
U
C
A
S
DEW POINT AV
ANCHORAGE AV
PORTA
GEWY
SANBENITO
E
S
C
A
L
L
O
N
I
A
C
T
SA
N
M
I
G
U
E
L
WIND
S
OCKWY
LE
E
W
A
R
D
S
T
E
L
C
AMINO
R
E
A
L
LA COSTA AV
A L G A R D
C
A
R
L
S
B
A
D
B
L
SDP2022-0003/CDP2022-0023/PCD2023-0002 (DEV2022-0048)
FPC Residential
SITE MAP
J
SITE
!"^
Map generated on: 3/6/2023
Exhibit 3
May 3, 2023 Item #4 Page 42 of 483
Exhibit 4
May 3, 2023 Item #4 Page 43 of 483
May 3, 2023 Item #4 Page 44 of 483
PROJECT ANALYSIS Exhibit 5
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
Page 1
PROJECT ANALYSIS
The project is subject to the following regulations:
A. General Plan R-15 Residential Land Use Designation and Density Bonus Ordinance (CMC Chapter
21.86)
B. Residential Density-Multiple (RD-M) Zone (CMC Chapter 21.24); Zone Establishment (CMC Chapter
21.05.095); and Site Development Plan (CMC Chapters 21.06 and 21.53)
C. Local Coastal Program (Mello II Segment)
D. Ponto Beachfront Village Vision Plan
E. Inclusionary Housing Ordinance (Chapter 21.85)
F. McClellan-Palomar Airport Land Use Compatibility Plan
G. Growth Management Ordinance (CMC Chapter 21.90) and Local Facilities Management Plan Zone 22
The recommendation for approval of this project was developed by analyzing the project’s consistency
with the applicable regulations and policies. The project’s compliance with each of the above regulations
is discussed in detail within the sections below.
A. General Plan R-15 Residential Land Use Designation and Density Bonus Ordinance (CMC Chapter
21.86)
The General Plan Land Use designations for the property consists of a R-15 Residential (R-15) land use
designation on the easterly most parcel of the three existing parcels closest to the railroad corridor and
a combination land use designation of R-15/Visitor Commercial (R-15/VC) on the two westerly remaining
parcels closest to Ponto Road.
Combination Land Use Designation
Regarding the area with the combination land use designation of R-15/VC; Carlsbad Municipal Code
(CMC) Section 21.05.095 addresses combination zoning and states that a specific plan is required for
property that is 25 acres or larger and a site development plan is required for property less than 25
acres. The 4.64-acre project site is less than 25 acres; and therefore, the project requires approval of a
site development plan, as supported by the details of the request. The city’s review of current policies
indicates that the combination designation can be built as one or the other land use or as a combination
of both. There is no policy or regulation in effect that specifies otherwise.
The combination land use designation (R-15/VC) currently applies to the two westerly project related
parcels located along Ponto Road, as well as seven additional parcels located across Ponto Road directly
west of the project site between Ponto Road and Ponto Drive, adjoining Carlsbad Boulevard. Prior to the
2015 General Plan update, the combination designation applied to a larger area that included the Cape
Rey Beach Hotel to the north and northwest of the subject project site. When the Cape Rey Beach Hotel
was approved by the city, the property at that time was designated as RMH/TR (2015 General Plan
update changed titles: RMH = R-15 and TR = VC). The city’s approval of the hotel project resulted in
100% of the hotel property (5.5 acres) being developed entirely with a visitor commercial use, even
though the land use designation also included the option for residential. The residential designation was
removed from the hotel parcels during the 2015 General Plan update to reflect the developed hotel use;
the hotel site is currently designated VC.
May 3, 2023 Item #4 Page 45 of 483
PROJECT ANALYSIS Exhibit 5
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
Page 2
If the residential/visitor commercial area that existed prior to the General Plan update is looked at as a
whole, including the hotel property, then more than half (59%) of the area is developed with the visitor
commercial use allowed by the combination land use designation; and the remaining area (41%) has the
option to develop with a residential land use, including the subject project site.
The Local Coastal Program Land Use and Zoning designations for the project site are consistent with the
General Plan Land Use and Zoning for the site. Development of the property is subject to the city’s
review and approval. The city has authority to issue Coastal Development Permits (CDPs) in this area. In
addition, the property is not within the Coastal Commission’s appeal jurisdiction, and the city’s approval
of a CDP on the property is not appealable to the California Coastal Commission.
R-15, Residential Land Use Designation
The R-15 land use designation allows for development of multiple-family residential within a density
range of 8-15 du/ac. Table “A” below identifies the permissible density range for properties within R-15,
as well as the allowable density range based on the size of the project site and the proposed density and
units.
TABLE A – PROPOSED DENSITY
Gross Acres Net Acres
Allowable Density Range;
Min/Max Dwelling Units per R-15 Residential*
Project Density;
Proposed Dwelling Units
4.64 4.64 8-15 du/ac
Minimum: 38 dwelling units
Maximum: 70 dwelling units
18.5 du/ac
86 dwelling units
*For density bonus projects fractional units shall be rounded up per CMC Section 21.86.050.
The proposed project entails a request to construct an 86-unit residential project. As summarized above,
the maximum base number of units for a 4.64-acre parcel at 15 du/ac is 70 dwelling units. In order to
construct 86 units, the applicant is requesting approval of a density bonus pursuant to CMC Chapter
21.86, the Density Bonus Ordinance, and State density bonus law (Government Code Section 65915).
CMC Chapter 21.86 was established as a means to implement California Government Code Section
65915 (State Density Bonus Law) and the goals, objectives and policies of the Housing Element of the
General Plan which includes the provision to provide housing affordable to lower- and moderate-income
households.
The legislative intent of State density bonus law is to increase the production of affordable housing by
requiring local agencies to grant an increase to the maximum allowable residential density over the
otherwise maximum eligible density. The density bonus that is authorized is set on a sliding scale based
upon the percentage of affordable units in the project, ranging from 5% to 50% additional units over the
number ordinarily permitted. Likewise, State density bonus law provides for a progressive approach to
incentives or concessions, allowing up to four incentives or concessions in some cases. It also includes
incentivization in the form of waivers from development standards, which do not count as incentives or
concessions, and are unlimited and limits on parking requirements. For projects located near transit
stops, additional concessions are afforded.
May 3, 2023 Item #4 Page 46 of 483
PROJECT ANALYSIS Exhibit 5
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
Page 3
In this instance, to support the implementation of the project, the applicant is requesting a 27.5%
density bonus pursuant to State density bonus law. In exchange for the 27.5% density bonus, the
applicant is required to designate 15 percent of the 70 base maximum density units, or 11 units, as
affordable density bonus units. The affordable density bonus units are required to be affordable to “low-
income households” for a period of 55 years. Carlsbad Municipal Code Chapter 21.85 requires a
minimum of 15 percent of the project’s total number of residential units as inclusionary units. The
calculation is on the total units, as opposed to base units, therefore the project must provide 13
inclusionary units. The project is satisfying both requirements by providing 13 housing units affordable
to lower income households as discussed in the staff report.
Density bonus law stipulates that a request for a density bonus does not constitute a valid basis on
which to find a proposed housing development project is not compliant with a general plan. In addition,
State density bonus law explicitly requires the city to consider “the density allowed under the land use
element of the general plan” in determining maximum allowable residential density. Therefore, the
proposed density of the Project is deemed compliant with the land use density designation of the
General Plan.
Incentives, Concessions or Waivers
The project is requesting incentives, concessions or waivers as allowed under State Density Bonus law1
and implemented by CMC Chapter 21.86 – Density Bonus Ordinance. A project can request incentives
and concessions as defined in State Density Bonus Law, based on the percentage of affordable units.
An incentive or concession may include any of the following:
• A reduction in site development standards or a modification of zoning code or architectural design
requirements (excluding State Building Standards), that results in identifiable, financially sufficient
and actual cost reductions. A reduction/modification to standards or requirements may include, but
is not limited to, a reduction in minimum lot size, setback requirements, and/or in the ratio of
vehicular parking spaces that would otherwise be required.
• Approval of mixed-use zoning in conjunction with the housing development if: (a) commercial, office,
industrial or other land uses will reduce the cost of the housing development; and (b) the commercial,
office, industrial, or other land uses are compatible with the housing development and the existing or
planned future development in the area where the proposed project will be located.
• Other regulatory incentives or concessions that result in identifiable, financially sufficient and actual
cost reductions.
• The city council may, but is not required to, provide direct financial incentives, including the provision
of publicly owned land, or the waiver of fees or dedication requirements.
In addition to incentives or concessions, waiver or reduction of development standards that would
“have the effect of physically precluding the construction of a density bonus housing development at
the density or with the incentives or concessions permitted by” can also be considered. There is no limit
1 Refer to Exhibit 7 for an info-bulletin that provides more information on how state density bonus law works.
May 3, 2023 Item #4 Page 47 of 483
PROJECT ANALYSIS Exhibit 5
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
Page 4
on the number of waivers or reductions of development standards that may be granted, and the grant
of a waiver or reduction shall neither increase nor decrease the number of incentives or concessions to
which the project is entitled. Waivers or reductions of development standards shall be granted by the
city unless certain findings can be made. In order to deny the requested waivers or reductions, the city
would have to make any of the following findings in writing based upon substantial evidence:
• The standard(s) requested to be waived or reduced will not have the effect of physically precluding
the construction of a housing development at the densities or with the incentives or concessions
permitted by this chapter.
• The requested waiver or reduction of development standards would have a specific adverse impact
(a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written
public health or safety standards, policies, or conditions as they existed on the date the application
was deemed complete) upon public health and safety or the physical environment, or on any real
property that is listed in the California Register of Historical Resources, and for which there is no
feasible method to satisfactorily mitigate or avoid the specific adverse impact.
• The waiver or reduction of development standards would be contrary to state or federal law.
The applicant is requesting incentive/concession and waivers as discussed in the Exhibit 6. Staff has
found no substantial evidence that any of the above findings apply in this case.
General Plan Compliance
In addition to the above, the project also complies with the other Elements of the General Plan as
outlined in Table “B” below:
TABLE B – GENERAL PLAN COMPLIANCE
ELEMENT USE, CLASSIFICATION, GOAL,
OBJECTIVE, OR PROGRAM
PROPOSED USES &
IMPROVEMENTS COMPLY
Land Use &
Community
Design
Goal 2-G.2 – Promote a diversity of
compatible land uses throughout
the city, to enable people to live
close to job locations, adequate and
convenient commercial services,
and public support systems such as
transit, parks, schools, and utilities.
The project will provide new multi-
family residential apartments in the
form of 73 market rate units and 13
affordable units located near jobs,
schools, beaches, lagoons, and
convenient neighborhood-serving
commercial services. The project
provides all required parking onsite
in accordance with density bonus
law and has convenient access to
public transit via NCTD local bus
Route 101, serving Oceanside and
Carlsbad, which also connects to the
Coaster in Carlsbad and the Sprinter
in Oceanside providing further
regional connectivity.
Yes
May 3, 2023 Item #4 Page 48 of 483
PROJECT ANALYSIS Exhibit 5
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
Page 5
ELEMENT USE, CLASSIFICATION, GOAL,
OBJECTIVE, OR PROGRAM
PROPOSED USES &
IMPROVEMENTS COMPLY
Land Use &
Community
Design
Goal 2-G.3 – Promote infill
development that makes efficient
use of limited land supply, while
ensuring compatibility and
integration with existing uses.
Ensure that infill properties develop
with uses and development
intensities supporting a cohesive
development pattern.
The project is proposed on a
redevelopment site surrounded by
existing developments on three
sides and is not located within or
adjacent to any preserve areas as
identified in the city’s HMP. The
project would provide future
residents with access to convenient
neighborhood-serving commercial
uses and will also provide housing
to support nearby employment
centers.
Yes
Land Use &
Community
Design
Goal 2-G.4 – Provide balanced
neighborhoods with a variety of
housing types and density ranges to
meet the diverse demographic,
economic and social needs of
residents, while ensuring a cohesive
urban form with careful regard for
compatibility.
The multiple-family residential
project with 86 apartments units
(73 market rate and 13 affordable)
in a variety of bedroom counts,
provides for much needed higher
density housing located nearby to
convenient neighborhood-serving
commercial uses and nearby
employment centers.
Yes
Land Use &
Community
Design
Policy 2-P.89- Allow development of
the Ponto area with land uses that
are consistent with those
envisioned in the Ponto Beachfront
Village Vision Plan.
The Ponto Beachfront Village Vision
Plan identified the project site as
being developed with either a two-
to three-story Village Hotel or a
courtyard apartment complex.
While the Ponto Beachfront Village
Vision Plan was never adopted by
the California Coastal Commission;
and therefore, is invalid and not
applicable, it is worth noting that
the proposed project is being
developed with two- to three-story,
multiple-family residential
apartments, a land use that is
consistent with the land uses
envisioned in the uncertified Ponto
Beachfront Village Vision Plan.
Yes
Mobility Goal 3-G.3 – Provide inviting
streetscapes that encourage
walking and promote livable streets.
The proposed project would
construct a new 10-foot-wide
parkway with street trees where no
Yes
May 3, 2023 Item #4 Page 49 of 483
PROJECT ANALYSIS Exhibit 5
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
Page 6
ELEMENT USE, CLASSIFICATION, GOAL,
OBJECTIVE, OR PROGRAM
PROPOSED USES &
IMPROVEMENTS COMPLY
sidewalk currently exists. The
proposed parkway will extend the
connection from Carlsbad
Boulevard.
Mobility Policy 3-P.5 – Require developers to
construct or pay their fair share
toward improvements for all travel
modes consistent with the Mobility
Element, the Growth Management
Plan, and specific impacts
associated with their development.
The project is proposing to improve
both Ponto Road and Ponto Drive
with new street sections along the
property frontage. The new street
sections will provide improvements
for vehicular, bicycle, and
pedestrian travel modes.
Additionally, the project is
conditioned to improve two (2)
existing North County Transit
District bus stops along Carlsbad
Boulevard.
Yes
Open Space,
Conservation
& Recreation
Goal 4-G.3 – Protect
environmentally sensitive lands,
wildlife habitats, and rare,
threatened, or endangered plant
and animal communities.
There is no wildlife habitat, or rare,
threatened, or endangered plant or
animal communities present on the
project site, nor adjacent to it.
Yes
May 3, 2023 Item #4 Page 50 of 483
PROJECT ANALYSIS Exhibit 5
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
Page 7
ELEMENT USE, CLASSIFICATION, GOAL,
OBJECTIVE, OR PROGRAM
PROPOSED USES &
IMPROVEMENTS COMPLY
Noise Goal 5-G.1 – Protect public health
and welfare by eliminating existing
noise problems where feasible,
maintaining an acceptable indoor
and outdoor acoustic environment,
and preventing significant
degradation of the acoustic
environment.
Goal 5-G.2 – Ensure that new
development is compatible with the
noise environment, by continuing to
use potential noise exposure as a
criterion in land use planning.
Helix Environmental Planning
conducted a noise study (October 5,
2022) and a train vibration analysis
(September 20, 2022) for the
proposed project. The principal
noise source associated with the
proposed project is from existing
railroad usage along the eastern
frontage. A new 7.5-foot-tall sound
wall is proposed to ensure exterior
noise levels meet the 60 dBA CNEL
exterior noise standard and higher
pane windows will be utilized to
ensure that the 45 dBA CNEL indoor
noise standard is achieved.
Additionally, the vibration levels at
the project site from train pass-bys,
consisting of 57.86 VdB for
northbound, and 62.54 VdB for
southbound, are below the Federal
Transit Administration’s (FTA) and
City of Carlsbad’s General Plan
threshold of 72 VdB for frequent
vibrations events.
Yes
Public Safety Goal 6-G.1 – Minimize injury, loss of
life, and damage to property
resulting from fire, flood, hazardous
material release, or seismic
disasters.
The proposed project is not located
in any Very High Fire Severity Zone,
Flood Zones, or Earthquake Fault
Zones. The proposed structural
improvements would be required to
meet all seismic design standards at
time of building permit in
accordance with the California
Building Code. The Fire Department
has reviewed and approved the
proposed conceptual building
design with fire sprinklers included
throughout the building per the
National Fire Protection Association
(NFPA) standards. All buildings are
located outside of the high pressure
gas line easement.
Yes
May 3, 2023 Item #4 Page 51 of 483
PROJECT ANALYSIS Exhibit 5
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
Page 8
ELEMENT USE, CLASSIFICATION, GOAL,
OBJECTIVE, OR PROGRAM
PROPOSED USES &
IMPROVEMENTS COMPLY
Public Safety Goal 6-G.2 – Minimize safety
hazards related to aircraft
operations in areas around the
McClellan-Palomar Airport.
The proposed project is not located
within a safety zone, airspace
protection area or noise contour of
the McClellan Palomar Airport Land
Use Compatibility Plan.
Yes
Public Safety Goal 6-G.4 – Maintain safety
services that are responsive to
citizens’ needs to ensure a safe and
secure environment for people and
property in the community.
The proposed project would provide
fire hydrants and supporting water
infrastructure in accordance with
Fire Department requirements;
secondary emergency access is
provided on site at proposed Beach
Way; fire sprinklers are required
and provided for all residential
structures; and the dwelling units
proposed by this project are all
within a 5-minute emergency
response time.
Yes
Public Safety Policy 6-P.6 – Enforce the
requirements of Titles 18, 20, and
21 pertaining to drainage and flood
control when reviewing applications
for building permits and
subdivisions.
The project has been conditioned to
develop and implement a program
of “best management practices” for
the elimination and reduction of
pollutants which enter and/or are
transported within storm drainage
facilities.
Yes
Public Safety Policy 6-P.34 – Enforce the Uniform
Building and Fire codes, adopted by
the city, to provide fire protection
standards for all existing and
proposed structures.
The project is required to comply
with all Building and Fire codes to
ensure that fire protection
standards are met by the proposed
structures.
Yes
Public Safety Policy 6-P.39 – Ensure all new
development complies with all
applicable regulations regarding the
provision of public utilities and
facilities.
The project is required to construct
or pay applicable fees for necessary
improvements, public utilities, and
facilities in accordance with Growth
Management requirements; Fire
Station No. 4 is located 1.4 miles
away from the project site and is
within emergency response
timeframes; and the project will not
effect the city’s ability to implement
its Emergency Operations Plan.
Yes
May 3, 2023 Item #4 Page 52 of 483
PROJECT ANALYSIS Exhibit 5
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
Page 9
ELEMENT USE, CLASSIFICATION, GOAL,
OBJECTIVE, OR PROGRAM
PROPOSED USES &
IMPROVEMENTS COMPLY
Sustainability Policy 9-P.1 – Enforce the Climate
Action Plan (CAP) as the city’s
strategy to reduce greenhouse gas
emissions.
The project implements and is
consistent with measures identified
in the Climate Action Plan (CAP)
through the provision of renewable
energy generation (photovoltaic
systems), energy conservation
(Green Building Code), and by
accommodating Zero-Emission
vehicles and other greenhouse gas
reduction measures and features.
At building permit, the project will
also be reviewed for compliance
with the CAP ordinances.
Yes
Housing Goal 10-G.3 – Sufficient new,
affordable housing opportunities in
all quadrants of the city to meet the
needs of current lower and
moderate-income households and
those with special needs, and a fair
share proportion of future lower
and moderate-income households.
Per CMC Chapter 21.85, a project is
required to provide 15% of the total
residential units as affordable for
lower income households. The
project is providing affordable
housing onsite and is conditioned to
enter into an Affordable Housing
Agreement with the city to provide
and deed restrict 13 dwelling units
as affordable to lower-income
households for 55 years, earning up
to 60% of the area median income
(AMI) (11 units), and 70% AMI (2
units).
Yes
Housing Policy 10-G.2 – New housing
developed with diversity of types,
prices, tenures, densities, and
locations, and in sufficient quantity
to meet the demand of anticipated
city and regional growth.
The proposed project will increase
the diversity of housing in Carlsbad
by adding 86 multiple-family
apartment units to the city’s
housing inventory. In addition, the
project will increase housing
diversity by providing housing
offered at a price affordable to low
income households. The project is
conditioned to enter into an
Affordable Housing Agreement with
the city to provide and deed restrict
13 dwelling units (15%) as
affordable to lower-income
households for 55 years, earning up
Yes
May 3, 2023 Item #4 Page 53 of 483
PROJECT ANALYSIS Exhibit 5
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
Page 10
ELEMENT USE, CLASSIFICATION, GOAL,
OBJECTIVE, OR PROGRAM
PROPOSED USES &
IMPROVEMENTS COMPLY
to 60% of the area median income
(AMI) (11 units), and 70% AMI (2
units).
Housing Policy 10-P.15 – Pursuant to the
Inclusionary Housing Ordinance,
require affordability for lower
income households of a minimum
15 percent of all residential
ownership and qualifying rental
projects. For projects that are
required to include 10 or more units
affordable to lower income
households, at least 10 percent of
the lower income units should have
three or more bedrooms (lower
income senior housing projects are
exempt).
The project is conditioned to enter
into an Affordable Housing
Agreement with the city to provide
and deed restrict 13 dwelling units
(15%) as affordable to lower-
income households for 55 years,
earning up to 60% of the area
median income (AMI) (11 units),
and 70% AMI (2 units). Additionally,
of those 13 affordable units, twelve
(12) units consist of 3-bedrooms or
more (92%) whereas only 10% are
required to be 3-bedroom units.
Yes
Housing Policy 10-P.19 – Address the unmet
housing needs of the community
through new development and
housing that is set aside for lower
and moderate-income households
consistent with priorities set by the
Housing and Neighborhood Services
Division, in collaboration with the
Planning Division, as set forth in the
city’s Consolidated Plan.
The city currently has a
jobs/housing ratio where there are
more jobs than housing. The project
replaces a previously built 36,500-
square-foot self-storage facility with
86 residential apartment units (73
market rate and 13 affordable). The
project expands the city’s
affordable housing stock to assist in
meeting its Regional Housing Needs
Assessment and provides an
adequate number of housing units
to meet the needs of low income
households.
Yes
B. Residential Density–Multiple (RD-M) Zone (Chapter 21.24); Zone Establishment (Chapter
21.05.095); and Site Development Plan (Chapters 21.06 and 21.53)
The project site is zoned Residential Density-Multiple (RD-M) on one parcel and for the other two
parcels includes a combination zone consisting of RD-M and Commercial Tourist (C-T) both with
Qualified (Q) Development Overlay Zones (RD-M-Q/C-T-Q). Because the site is less than 25 acres in size,
an SDP is used to establish the regulations and development standards for such property and the uses in
accordance with CMC Section 21.05.095. The project is proposing to utilize the regulations,
development standards, and uses allowed within the RD-M Zone. The third parcel that makes up the
May 3, 2023 Item #4 Page 54 of 483
PROJECT ANALYSIS Exhibit 5
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
Page 11
project site only has a RD-M zoning designation. Utilizing the RD-M standards for the parcels with a
combination zoning designation ensures consistency in the application of the standards across the
project site.
Multiple-family residential is a permitted use within the RD-M Zone subject to an SDP if more than four
units are proposed. The combination district also requires an SDP to “establish the regulations and
development standards for such property and the uses…” in accordance with CMC Section 21.05.095.
Lastly, in accordance with CMC Section 21.53.120, an SDP is required to be processed pursuant to the
provisions of CMC Chapter 21.06, Qualified (Q) Development Overlay Zone, where the project is greater
than four dwelling units and includes affordable housing onsite.
An SDP for affordable housing projects may allow less restrictive development standards than specified
in the underlying zone or elsewhere, provided that the project is in conformity with the General Plan
and adopted policies and goals of the city, and it would not have a detrimental effect on public health,
safety, and welfare. Additionally, Program 2.2 of the General Plan’s Housing Element “Flexibility in
Development Standards,” describes how the Planning Division “may recommend waiving or modifying
certain development standards to encourage the development of low-income housing.”
Compliance with the RD-M Zone Standards are noted in Table “C” below and compliance with CMC
Chapter 21.86 -Density Bonus Ordinance is discussed in Section A above (see also Exhibits 6 and 7)
TABLE C- RD-M ZONE COMPLIANCE
STANDARDS REQUIRED PROPOSED COMPLY
Setbacks Front (Ponto Drive): 20 feet or 10 feet,
provided carport or garage openings do
not face onto the front yard and the
remaining front yard is landscaped
Corner Interior Side: 5 feet
Corner Street Adjacent Side (Ponto
Road): 10 feet or 5 feet, provided
carport or garage openings do not face
onto the side yard and the remaining
side yard is landscaped
Rear: 10 feet
Front: *8 feet, garages do not
face onto the front yard and
the remaining front yard is
landscaped.
Corner Interior Sides: 11 feet
Corner Street Adjacent
Side: *4 feet, garages do not
face onto the front yard and
the remaining front yard is
landscaped.
Rear: 10 feet
Yes*
Lot Area 10,000 sq. ft. minimum 202,118 sq. ft. Yes
Lot Coverage 60% maximum 36.6% Yes
May 3, 2023 Item #4 Page 55 of 483
PROJECT ANALYSIS Exhibit 5
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
Page 12
TABLE C- RD-M ZONE COMPLIANCE (CONTINUED)
STANDARDS REQUIRED PROPOSED COMPLY
Lot Width 60 feet minimum 306 feet Yes
Building
Height
35 feet, plus allowed protrusions per
CMC Section 21.46.020
Triplex Units,
(Buildings #16-23): 30 feet
Townhome Units,
(Buildings #7-15): 35 feet
Rowhome Units
(Buildings #1-6): 35 feet with
allowed stair tower protrusions
to 45 feet
Yes
*The project is requesting a Density Bonus Waiver of the Side and Front Yard Setbacks (Exhibit 6).
The project is proposing to utilize the Density Bonus Parking Standards as requested per Government
Code Section 65915(p)(1). Compliance with Government Code Section 65915(p)(1) is outlined in Table “D”
below as implemented by CMC Chapter 21.86.
TABLE D – PARKING
Use No. of Units No. of Spaces Required No. of Spaces Proposed Comply
2-Bdrm 8 1.5 spaces/unit
(12 spaces)
2 spaces/unit,
(16 spaces) Yes
3-Bdrm 40 1.5 spaces/unit
(60 spaces)
2 spaces/unit,
(80 spaces) Yes
4-Bdrm 38 2.5 spaces/unit
(95 spaces)
2.5 spaces/unit
(95 spaces) Yes
Total 86 167 spaces 191 spaces
(172 covered / 19 uncovered) Yes
In addition to the above, five site development plan findings are required for the project. The required
findings with justification for each are summarized below and contained in the Planning Commission
Resolution (Exhibit 2 to the May 3, 2023 Planning Commission Staff Report).
1. That the proposed development or use is consistent with the General Plan and any applicable
master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the
Carlsbad Municipal Code, and all other applicable provisions of this code.
The project is consistent with the various elements and objectives of the General Plan as discussed in
Section A above. There is no applicable master plan or specific plan for this property. The project is
consistent with the underlying Residential Density-Multiple (RD-M) Zone. The project complies with all
applicable development standards for residential uses including lot coverage, height, setbacks, and
parking etc. subject to density bonus provisions for concessions and waivers or reductions of standards
also discussed in Section A above. The project site is served by existing transit and is within one mile of
existing community commercial shopping with direct pedestrian connections from the site. The project
May 3, 2023 Item #4 Page 56 of 483
PROJECT ANALYSIS Exhibit 5
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
Page 13
provides at least 15% of the total housing units onsite (13 units) as affordable to lower-income
households for 55 years, earning up to 60% of the area median income (AMI) (11 units), and 70% AMI (2
units). The project complies with all applicable standards of the Carlsbad Municipal Code.
2. That the requested development or use is properly related to the site, surroundings, and
environmental settings, will not be detrimental to existing development or uses or to development
or uses specifically permitted in the area in which the proposed development or use is to be located,
and will not adversely impact the site, surroundings, or traffic circulation.
The proposed project within the Residential Density-Multiple (RD-M) Zone will not be detrimental to
existing uses or to uses specifically permitted in the area in which the use is located in that multiple-
family residential dwellings are a permitted use within the zone. The proposed units are compatible with
the surroundings in scale, massing, and design. The proposed building heights are consistent with zoning
requirements. The apartments will not adversely impact the site, surroundings, or traffic circulation.
Ponto Road, a local/neighborhood street, has adequate capacity to accommodate the net 637 Average
Daily Trips (ADTs) generated by the overall project, and the project is adequately parked on-site in
accordance with State Density Bonus Law.
3. That the site for the intended development or use is adequate in size and shape to accommodate
the use.
The subject site is adequate in size and shape to accommodate the proposed 86 triplexes, townhomes,
and rowhomes, subject to density bonus provisions for concessions and waivers or reductions of
standards as discussed in Section A above. The project is entitled to the requested number of units and
the density bonus incentives/concessions and waivers are necessary for the project to be developed at
the density and with the incentives/concessions permitted by CMC Chapter 21.86.
4. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested development or use to existing or permitted future development or use in the
neighborhood will be provided and maintained.
The project complies with all applicable development standards for residential uses within the RD-M
Zone, including lot coverage, height, setbacks, and parking, etc., subject to density bonus provisions for
concessions and waivers or reductions of standards as discussed in Section A above. The architecture of
the buildings is compatible with the surrounding residential and commercial development. Landscaping
along the street frontage and throughout the project will be provided consistent with the requirements of
the city’s Landscape Manual.
5. That the street systems serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use.
The proposed project has been designed with two street entries. One located off Ponto Road, and one
located off a private road extension, Beach Way. Ponto Road is identified as a local/neighborhood street
and is designed to adequately handle the net 637 Average Daily Trips (ADTs) generated by the overall
project. This is a net decrease from the project analyzed as part of the Ponto Beachfront Village Vision
Plan. The project site is served by one NCTD bus route with stops within ¼ mile of the site, and bike
lanes are provided on Carlsbad Boulevard, Poinsettia Lane, and Avenida Encinas. In addition, the
May 3, 2023 Item #4 Page 57 of 483
PROJECT ANALYSIS Exhibit 5
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
Page 14
applicant will be required to pay traffic impact fees in accordance with CMC 18.42 and subject to SB330
prior to issuance of building permits that will go towards future road improvements.
C. Local Coastal Program (Mello II Segment)
1. Mello II Segment of the Certified Local Coastal Program and all applicable policies
The proposed site is in the Mello II Segment of the Local Coastal Program (LCP) and is within the non-
appealable jurisdiction of the California Coastal Commission. The project site has a LCP Land Use
designations of R-15 Residential and R-15/VC combination designation. The project’s consistency with
the General Plan Land Use designations is analyzed in Section A above. The project’s compliance with
zoning is analyzed in Section B above in conjunction with Section A regarding density bonus.
The project consists of the demolition of the existing self-storage facility and abandoned structures,
consolidation of three parcels into one, grading of the entire site, and construction of 86 multiple-family
residential units. The project site is located along a local/neighborhood street and is zoned for multiple-
family residential development. The existing site’s topography consists of a lower level adjacent to
Ponto Road, and an upper mesa that is approximately 5-to-7 feet higher on the eastern half of the
project site. The Developer has designed the project to grade down the finished pad grades of the
residential units as the site travels from east to west and north to south.
The two- and three-story residential buildings 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. The
property is not subject to the agricultural mitigation program. No agricultural uses currently exist on the
previously graded site, nor will the project impact any sensitive resources. The proposed project is not
located in an area of known geologic instability or flood hazard, and the project’s geotechnical studies
conclude that the project is feasible as designed. Since the site does not have frontage along the
coastline, no public opportunities for coastal shoreline access or water-oriented recreation activities are
available from the subject site. Furthermore, the residentially designated site is not suited for water-
oriented recreation activities.
2. Coastal Resource Protection Overlay Zone
The development is subject to the Coastal Resource Protection Overlay Zone (CMC Chapter 21.203). The
Coastal Resource Protection Overlay Zone identifies areas of protection: a) preservation of steep slopes
and vegetation; b) drainage, erosion, sedimentation, habitat; c) seismic hazards, landslides, and slope
instability; and d) floodplain development. The project’s compliance with each of these areas of concern
is discussed below:
a. Preservation of Steep Slopes and Vegetation. Slopes greater than 25% and possessing
endangered plant/animal species and/or coastal sage scrub and chaparral plant communities are
considered “dual criteria” slopes and are protected in the Coastal Zone. The project does not
support any “dual criteria” slopes.
b. Drainage, Erosion, Sedimentation, Habitat. The project will adhere to the city’s Master Drainage
Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff
Management Program (JRMP) to avoid increased urban run-off, pollutants, and soil erosion.
May 3, 2023 Item #4 Page 58 of 483
PROJECT ANALYSIS Exhibit 5
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
Page 15
c. Seismic Hazards, Landslides and Slope Instability. The Preliminary Geotechnical Investigation
(Advanced Geotechnical Solutions, Inc., March 16, 2022), identifies that ground surface rupture
as a result of an earthquake or seismic event is not likely to occur at the site. Given the relatively
flat gradients across the site, landsliding, mass wasting, and/or surficial instability onsite is
considered to be remote. Liquefaction, dynamic settlement, and lateral spreading at the site is
considered “very low”. The report concludes, from a geologic and soils engineering point of
view, that the site is suitable for the proposed development. By following the recommendations
contained within the referenced report, the site is suitable for the proposed project, and will not
expose people or structures to geotechnical-related hazards.
d. Flood Plain Development. No structures or fill are being proposed within a one-hundred-year
floodplain area as identified by the FEMA Flood Map Service Center.
D. Ponto Beachfront Village Vision Plan
Prior planning efforts for the area included the Ponto Beachfront Village Vision Plan. The Ponto Beach
area is an approximately 130-acre narrow strip of land, approximately 1/8 mile wide and 1-1/2 miles
long, located between Carlsbad Boulevard and the LOSSAN Corridor (San Diego Northern) railroad
tracks. Portions of the plan area extended north to Poinsettia Lane and south to La Costa Avenue. The
southern boundary includes coastal bluffs that transition to the waters of Batiquitos Lagoon at the
southern end. The intent of the Ponto Beachfront Village Vision Plan was to create a mixed use, active
pedestrian and bicycle-oriented area with a strong sense of place, village atmosphere, and unique
character of design. Although the Vision Plan called for a future LCP amendment to define permitted
uses, the Vision Plan proposed to break up the Ponto area into three sections and sets forth a vision of
what land uses could occur; presents goals and objectives that support the vision; and provides an
implementation strategy and design guidelines for the projects that will implement the vision. The
northern-most section was to be comprised of two hotels and a live-work neighborhood. The central
portion of the area was to be comprised of a townhouse neighborhood and a mixed-use center with a
public recreation component. The southern portion of the area included a large-scale resort hotel.
City Council approved the Vision Plan and certified an environmental impact report in 2007 and was to
be effective only after the Local Coastal Program Amendment was approved by the California Coastal
Commission and their approval became effective; however, the California Coastal Commission denied
approval of the Vision Plan on July 22, 2010. As a result, the previously approved plan is a non-regulating
document. General Plan consistency on this matter must be limited. The General Plan includes a policy
for the Ponto area for consistency with the uncertified Vision Plan. Discussion regarding project
consistency with the General Plan policy is found in Section A above.
E. Inclusionary Housing Ordinance (CMC Chapter 21.85)
According to the Inclusionary Housing Ordinance, Chapter 21.85 of the Carlsbad Municipal Code (CMC),
any residential development of seven (7) or more units shall provide not less than 15% of the total number
of units as restricted to occupancy and affordability to low-income households. Therefore, the project
has been conditioned to satisfy the inclusionary housing requirement for low-income households by
entering into an Affordable Housing Agreement (AHA) to provide 13 units onsite as affordable to lower-
income households for 55 years, earning up to 60% of the area median income (AMI) (11 units), and 70%
AMI (2 units). By entering into the AHA accordingly, the project is providing its fair share of housing
May 3, 2023 Item #4 Page 59 of 483
PROJECT ANALYSIS Exhibit 5
(GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS)
Page 16
affordable to low-income households and is therefore consistent with the Inclusionary Housing
Ordinance.
Chapter 21.85 of the CMC also requires that for those developments which are required to provide ten
(10) or more units affordable to low-income households, at least 10% of the low-income units (two
(2) units required for this project) shall have three or more bedrooms. Of the 13 affordable units
proposed, twelve (12) will consist of three bedrooms, equating to 92% of the affordable units.
F. McClellan-Palomar Airport Land Use Compatibility Plan
The proposed project falls within the boundaries of the McClellan-Palomar Airport Land Use Compatibility
Plan (ALUCP). The ALUCP was amended on December 1, 2011, and all projects within its boundary are
required to be reviewed for consistency with its goals and policies. The ALUCP identifies four types of
airport impacts that must be considered for each development: Noise, Safety, Airspace Protection, and
Overflight. Based on a review of the ALUCP, the project site is not located within any noise contour, safety
zone or overflight notification area. However, the project site is located within the Airport Influence Area
(AIA) Review Area 2 and the Airport Airspace Protection Area. All properties located within the AIA
Review Area 2 area may be subject to some of the annoyances or inconveniences associated with their
proximity to airport operations. Airport elevation is 331 feet above mean sea level (AMSL). The elevation
at the project site is 50 feet AMSL. The Airport Airspace Protection Area enforces the requirements set
for FAA notification by Part 77. The project does not meet any requirements for FAA notification;
therefore, no further action is needed.
G. Growth Management
The proposed project is located within Local Facilities Management Zone 22 in the Southwest 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/Demand Compliance
City Administration 304 sq. ft. Yes
Library 162.20 sq. ft. Yes
Wastewater Treatment 0.019 MGD Yes
Parks 0.602 acres Yes
Drainage 267.2 CFS, Basin D Yes
Circulation 637 ADT (net) Yes
Fire Fire Station 4 Yes
Open Space 30,317 sq. ft. Yes
Schools
Carlsbad Elementary: 10.06 students
Carlsbad Middle: 5.32 students
Carlsbad High: 6.79 students
Yes
Sewer Collection System 0.019 MGD Yes
Water 11 GPM Yes
May 3, 2023 Item #4 Page 60 of 483
SUPPLEMENTAL APPLICATION Exhibit 6
Density Bonus Checklist (Form P-1(H))
Page 1
PROJECT NAME:
FPC Residential
CASE NO(S):
SDP2022-0003/CDP2022-0023
PROJECT LOCATION:
APN’s: 214-160-25-00; 214-160-28-00; 214-171-11-00
Addresses: 7200, 7290, 7294 Ponto Drive Carlsbad, CA 92011
PROPERTY DESCRIPTION:
Property is located West of the Railroad Tracks, East of Ponto Road, and North of Ponto Drive. The site
is presently developed with a self-storage facility, a junkyard/storage yard, and two (2) vacant office
buildings. The property is surrounded by a parking structure to the north, single family residences to the
west, vacant land to the south, and railroad tracks with single family beyond to the east. The site slopes
from North to South and East to West with the existing low point in the Southwest corner. The General
Plan designates the site a combination of R-15/VC and R-15. The zoning designation is a combination of
RD-M-Q/C-T-Q and RD-M. The maximum density allowed by the City’s General Plan is 70 units at 15
du/ac on a 4.64-acre site.
PROJECT DESCRIPTION:
The project proposes to construct 86 residential townhome style apartment units, in clustered
rowhomes and triplex configurations. The project is for-rent. There will be a mix of two- and three-
story product. The project will be constructed in one phase and the affordable units will be distributed
equally amongst the product types. The project will be accessed off Ponto Road from the west property
line. Proposed utilities include water, sewer, and electric. The proposed amenities for the site include
barbecue area, dog park, and pickleball court.
DENSITY CALCULATIONS:
Gross Acreage: 4.64ac
4.64ac x 15du/ac= 69.6 units (70 units)
70 units x .275%= 19.25 (20 units) (15% of 70 units at Low Income)
90 Units allowed: 86 Units Proposed
13 Units at Low Income Provided
11 Units at 60% of Median Income
2 Units at 70% of Median Income
INCENTIVES:
Fence heights: Allowing fences/walls up to 12 feet where City development standards allow for up to 6
feet.
The City of Carlsbad allows for solid walls to be constructed up to six feet in height. The proposed
project is required to construct a sound wall for the residences that parallel the train tracks in order to
alleviate the noise from the tracks to meet the City standard for exterior spaces. The top of the
May 3, 2023 Item #4 Page 61 of 483
SUPPLEMENTAL APPLICATION Exhibit 6
Density Bonus Checklist (Form P-1(H))
Page 2
proposed sound wall is required to be 7.5’ above finished pad grade. In addition, the northeastern edge
of the property has an existing five to eight foot topographic depression resulting in a reverse drainage
pattern for that portion of the site.
The proposed incentive would allow for a combined retaining wall and sound wall up to 12 feet in the
northeastern portion of the site where the topographic depression is located. The remainder of the
eastern boundary would contain a combined sound wall and retaining wall that is approximately 7.5-9.5’
in height varying based on pad grade. The proposed wall would have frosted or transparent glass for the
top 3’ of the wall helping reduce the effect of the height.
The proposed incentive would result in an identifiable and actual cost reduction to the project that
would allow for the project to be constructed as proposed with the affordable units as proposed. The
top of the sound wall is required to be 7.5’ from pad. The alternative method to accomplish the wall
height is to create a graded mound and place a 6’ wall on top of the mound. The interior yards would
then contain a retaining wall off-set from the sound wall that retains the mounding. In effect, the same
amount of wall is constructed, but there are additional costs related to grading. wall construction, and
drainage in order to accomplish the required height of the sound wall. The incentive would allow for the
elimination of dirt import and additional grading resulting in an identifiable and actual cost reduction to
the project. The cost reduction is equivalent in value to a 2 bedroom unit affordable to an individual at
60% of Area Media Income. The usage of the incentive will allow for rents for targeted units to be set as
provided under state law.
The proposed incentive would not: (i)have an adverse impact upon public health and safety, (ii)have an
adverse impact on a historical resource, or (iii)violate state or local law.
WAIVERS:
Setbacks: (a) Reduction of front yard setback to 8 feet where the required setback is 20 feet/10 feet with
conditions and (b) reduction of side yard setback to 4 feet where the required setback is 10 feet/5 feet
with conditions.
Front Yard Setback- The required front yard setback is 20 feet pursuant to CMC 21.24.040. A setback of
10 feet is allowed if the front yard is landscaped. The proposed setback is 8 feet and includes a
landscaped front yard. The project fronts a non-contiguous sidewalk which contains a 10 foot walk/bike
path and then a 2.5 foot landscape planter. With an 8 foot setback from the lot line, the effective
setback is 20 feet from the street. If the required setback of 20 feet was provided the site would be
reduced by an additional 3,672 sf (306’ Frontage x 12ft (20ft-8ft)). Compliance with this development
standard would physically preclude construction of the project. Specifically, given the unique shape and
configuration of the site, compliance with this setback requirement result in the reduction of up to 9
units or over 10% of the project.
Side Yard Setback- The required side yard setback is 10 feet pursuant to CMC 21.24.050. A setback of 5
feet is allowed if the side yard is landscaped. The proposed setback is 4 feet and includes a landscaped
side yard. The project fronts a non-contiguous sidewalk which contains a 10 foot walk/bike path and
then a 2.5 foot landscape planter. With a 4 foot setback from the lot line, the effective setback is 16 feet
from the street. If the required setback of 10 feet was provided the site would be reduced by 3,354 sf
(559’ Frontage x 6ft (10ft-4ft)). Compliance with this development standard would physically preclude
May 3, 2023 Item #4 Page 62 of 483
SUPPLEMENTAL APPLICATION Exhibit 6
Density Bonus Checklist (Form P-1(H))
Page 3
construction of the project. Specifically, given the presence of an easement for a natural gas line,
compliance with this setback requirement would result in the reduction of up to 7 units or 9% of the
project.
Neither of the proposed setback waivers would: (i)have an adverse impact upon public health and
safety, (ii)have an adverse impact on a historical resource, or (iii)violate state or local law.
Waiver of the City’s development/engineering standard requiring implementation of infiltration prior to
implementation of biofiltration BMPs
The San Diego Region is governed by the San Diego Regional Water Quality Control Board Municipal
Separate Storm Sewer Systems (MS4) Permit. As required by the permit, a Best Management Practices
(BMP) Design Manual was created by the co-permittees. The waiver requested is the elimination of the
requirement to implement infiltration before biofiltration BMPs, which is found in Section 2.2.2.3 of the
City of Carlsbad BMP Design Manual. With the waiver granted, the project would be consistent with the
requirements of the MS4 permit, which guides all development in the San Diego Region.
Application of the City’s development/engineering standard regarding priority for BMP implementation
would physically preclude construction of the project. Requiring the implementation of infiltration
would result in the creation of an over 6,000sf basin at the low point of the development site. The size
and location of the required basin would preclude construction of at least 5 units or 5.8% of the
proposed 86 unit project.
The proposed waiver would not: (i)have an adverse impact upon public health and safety, (ii)have an
adverse impact on a historical resource, or (iii)violate state or local law.
May 3, 2023 Item #4 Page 63 of 483
SUPPLEMENTAL APPLICATION Exhibit 6
Density Bonus Checklist (Form P-1(H))
Page 4
REQUESTS:
Density Bonus Parking Standards
In accordance with Government Code Section 65915(p)(1) the following parking standards apply:
(A) Zero to one bedroom: one onsite parking space.
(B) Two to three bedrooms: one and one-half onsite parking spaces.
(C) Four and more bedrooms: two and one-half parking spaces.
The summary of the project’s proposed parking is below.
Unit Size # of Units Maximum Parking
Required
Total Spaces
Required
Parking Provided
(spaces per unit) Total Spaces Provided
2 Bdrm 8 1.5 12 2 16
3 Bdrm 40 1.5 60 2 80
4 Bdrm 38 2.5 95 2.5 95
Total 167 191
Tandem Parking
In accordance with Government Code Section 65915(p)(5) the project will include 8 tandem garages for
a total of 16 of the 191 spaces as tandem parking.
May 3, 2023 Item #4 Page 64 of 483
SUPPLEMENTAL APPLICATION Exhibit 6
Density Bonus Checklist (Form P-1(H))
Page 5
Wall Comparison Cost Analysis
Stepped Sound Wall
CMU Retaining Wall (includes footings) 1372.5 sf $ 65.75 $ 90,241.88
Perimeter Sound Wall with Glass 854 lf $ 155.00 $ 132,370.00
Sound Wall Pilasters 10 ea $ 1,200.00 $ 12,000.00
Import trucking (dirt) 1000 cy $ 12.90 $ 12,900.00
Place and compact import material 1000 cy $ 7.42 $ 7,420.00
Finish grade pads and contour areas 5000 sf $ 0.16 $ 800.00
Landscaping & Irrigation 1 Allowance $ 150,000.00 $ 150,000.00
Subtotal $ 405,731.88
Overhead* 25% $ 101,432.97
Total $ 507,164.84
Combined Sound Wall (Requested Incentive
CMU Retaining Wall (includes footings) 0 sf $ 65.75 $ -
Combined Retaining-Sound Wall with
Glass 854 lf $ 170.00 $ 145,180.00
Sound Wall Pilasters 10 ea $ 1,200.00 $ 12,000.00
Import trucking (dirt) 0 cy $ 12.90 $ -
Place and compact import material 0 cy $ 7.42 $ -
Finish grade pads and contour areas 0 sf $ 0.16 $ -
Landscaping & Irrigation 1 Allowance $ 125,000.00 $ 125,000.00
Subtotal $ 282,180.00
Overhead* 25% $ 70,545.00
Total $ 352,725.00
*Overhead includes General Conditions, General Requirements, Design, Insurance, GC Fee etc.
Wall Cost Savings= $154,439
Gross Rent (2 Bedroom at 60% AMI) $1,757 Yearly Income $17,496
(Less) Expenses (30%) $5,248
Space Heating $32 Annual NOI $12,247
Cooking $11 Market Cap 6.5%
Other Electric $64 Unit Value $188,418
Water Heating $43 Water $81 Sewer $57 Range/Micro $5
Refrigerator $6 Total $299 Net Rent $1,458.00
May 3, 2023 Item #4 Page 65 of 483
Community Development Department | 1635 Faraday Ave. | Carlsbad, CA 92008 | www.carlsbadca.gov
State Density Bonus Law
IB-112
This Information Bulletin outlines the development
allowances provided under Govt. Code §65915,
commonly referred to as State Density Bonus Law.
The bulletin is only intended to summarize many
provisions of state law rather than cite them in total.
The document has been updated to include recent
bills amending §65915, including SB-290, which are
effective Jan. 1, 2022.
BACKGROUND
State Density Bonus Law allows a developer to
increase density on a property above the maximum
set under a city’s local land use plan (Carlsbad
General Plan) by as much as 50%. In addition,
qualifying applicants can also receive reductions in
required development standards such as setbacks
and height limits when those standards prevent the
applicant from achieving the density allowed under
state law. Other tools include reduced parking
requirements for density bonus projects, including
no parking requirements for certain project types.
In exchange for increased density and reduced
standards, a certain number of the new dwelling
units within the proposed development project must
be reserved for lower-income households, seniors or
the other eligible projects as listed below.
ELIGIBILITY
Any housing development that proposes five or more
units and incorporates at least one of the following is
eligible for a density bonus.
•At least 5% of the housing units are restricted to
very low-income residents.
•At least 10% of the housing units are restricted
to low-income residents.
•At least 10% of the housing units are restricted
to moderate income residents in a for-sale
development.
•100% of the housing units (other than manager’s
units) are restricted affordable with a maximum
of 20% of the units being moderate).
•At least 10% of the housing units are rent
restricted at the very low-income level for
transitional foster youth, disabled veterans, or
homeless persons.
•At least 20% of the housing units are for low
income college students in housing dedicated for
full-time students at accredited colleges.
•The project donates at least one acre of land to
the city for very low-income units, and the land
has the appropriate permits and approvals and
access to needed public facilities.
•The project is a senior citizen housing
development; in which case, no affordable units
are required.
•The project is a mobile home park that is age-
restricted to senior citizens; in which case, no
affordable units are required.
AFFORDABILITY DURATION
State density bonus law and the city’s Inclusionary
Housing Ordinance, specifically §21.85.040, establish
how long an affordable unit must stay affordable.
Documents Referenced
State Density Bonus Law; §65915
City Density Bonus Ordinance; §21.86
City Inclusionary Housing Ordinance; §21.85
City Growth Management Plan; GMP
Land Use Review Application; P-1
Density Bonus Supplemental Checklist; P-1(H)
SB-330 Housing Crisis Act; IB-132
Exhibit 7
May 3, 2023 Item #4 Page 66 of 483
IB-112_State Density Bonus Law_Updated: 12/2021 Page 2 of 4
• Affordable rental units must be restricted at the
targeted income level group for at least 55 years.
• Affordable for-sale units must be restricted to
the targeted income level group for at least 30
years. The time period starts after the initial sale
of the affordable unit and shall remain
affordable for the duration of the restriction or
ownership units may be sold at a market price to
other than targeted households provided that
the sale shall result in an equity sharing
agreement with the city.
HOW DENSITY BONUS IS CALCULATED
Step one is to calculate the project’s base density,
which represents the number of dwelling units
allowed under the city’s General Plan. Calculating
base density under density bonus is similar to how
the city calculates density for standard residential
development projects, with the following exceptions:
• Despite the city’s rounding requirements under
CMC §21.53.230, state law requires that all
density calculations resulting in any fractional
units shall be rounded up to the next whole
number.
• While the city utilizes a “mid-range” density
calculation for determining the allowable
number of units on a property, state law
requires that density bonus be calculated based
upon the maximum density allowed under the
city’s General Plan and zoning ordinance.
• Pursuant to SB-330, the city is prohibited from
enforcing caps on housing development. As
such, the citywide and quadrant housing caps
listed in the city’s Growth Management Plan
(GMP) cannot be applied to new housing
development projects. Refer to IB-132 for more
information on SB-330 (State Housing Crisis Act).
Step two is to calculate the project’s density bonus
units, which represents the number of units allowed
in addition to the base density units. These additional
dwelling units are set on a sliding scale, based upon
two primary factors:
• The percentage of units in the project that will
be set aside (reserved) as affordable; and,
• The household income category of those
affordable units (i.e., very low, low, or moderate
income).
Refer to the Density Bonus Table found in the city’s
Density Bonus Supplemental Checklist Form P-1(H) for
the density increases allowed for the previously listed
eligible projects. Some important points to consider
when calculating density bonus units.
• Under state law, the base density must be used
as the denominator when determining the
percentage of affordable units in a development
project; the city must exclude the units added by
density bonus.
• While state law requires that density calculations
resulting in fractional units be rounded up, state
law also requires that the percentage of
affordable units on the site must equal or exceed
the percentage established in the sliding scale.
This means that any fractional percentage of
units being reserved as affordable must be
rounded down to the nearest whole number.
THEORETICAL EXAMPLE
Sometimes showing the math helps folks better
understand how density bonus works. The following
is a theoretical example on how these different
density calculations are applied.
EXAMPLE: A property is 1.003 net acres in
size, with a zoning designation of R-15 (8 to
15 dwelling units per acre). This results in a
maximum base density of 15.05 units for
this site (1.003 acres multiplied by 15 units
per acre), which rounds up to 16 units.
The applicant proposes that two of the
units will be reserved for low-income
households. This results in 12.5% of the
units that will be reserved for affordable
housing (two affordable units divided by 16
base density units), which rounds down to
12%.
Based on the sliding scale found in the
Density Bonus Table Density Bonus
Supplemental Checklist Form P-1(H), with
12% of the units reserved as affordable, the
project’s base density can increase by 23%
or 3.68 units (16 base density units
multiplied by 23%), which rounds up to 4
density bonus units for a total of 20 units
for the project.
May 3, 2023 Item #4 Page 67 of 483
IB-112_State Density Bonus Law_Updated: 12/2021 Page 3 of 4
INCENTIVES AND CONCESSIONS
In many cases, traditional development projects must
be modified to comply with established design
standards and other regulations. Concessions and
incentives, as defined under state density bonus law,
allow a developer to deviate from those design
standards or regulations when modifying such
regulations would provide “identifiable and actual
cost reductions” to provide for affordable housing
costs and rents. This requirement has been clarified
in the recent court decision of Schreiber v. City of LA.
The sections below reflect the holdings in that case.
The number of incentives or concessions that can be
requested by a developer varies by the amount and
type of reserved affordable units being proposed, as
reflected in the chart below. Percentages between
these ranges are rounded down. For example, the
sample project that reserved 12% of the units for low-
income receives one incentive or concession.
Income % of Reserved Units
Very Low 5% 10% 15% 80% or more
Low 10% 17% 24% 80% or more
Moderate 10% 20% 30% 20% maximum
Senior** n/a n/a n/a n/a
Incentives 1 2 3 4*
*To qualify for 4 incentives, a project must reserve at least 80% of the units for lower income households (very low, low, or combination thereof). The
remaining 20% may be reserved for moderate income households. ** Senior projects with no affordable housing are not entitled to incentives.
As part of the request for incentives or concessions,
the city requires applicants to provide reasonable
documentation to show that any requested incentive
will result in identifiable and actual cost reductions
to provide for affordable housing costs or rents. The
city must grant a requested incentive or concession
unless it finds the following:
• The concession or incentive does not result in
identifiable and actual cost reductions to
provide for affordable housing costs or rents.
• Granting the concession or incentive would have
a specific adverse impact on public health or
safety or on property listed on the California
historical register, which cannot be mitigated, or
would be contrary to state or federal law.
Under state law, a developer is entitled to incentives
and concessions even without a request for a density
bonus.
WAIVERS
Waivers are yet another form of assistance under
state law, separate from concessions and incentives.
A waiver is a reduction in development standards and
other regulations when those requirements
potentially make the construction of the project
physically infeasible, if not approved.
Under the law, the city is not permitted to apply any
development standard which physically precludes the
construction of the project at its permitted density
and with the granted concessions or incentives.
Development standards which have been waived or
reduced utilizing this allowance typically include
setback, lot coverage and open space requirements,
and height limits.
The city is not required to waive or reduce
development standards that would cause a specific
adverse impact on public health or safety and cannot
be mitigated, would have an adverse impact on
property listed on the California historical register, or
would violate state or federal law.
The waiver or reduction of a development standard
does not count as an incentive or concession, and
there is no limit on the number of development
standard waivers that may be requested or granted.
The developer provide reasonable documentation
showing that the City’s standards would physically
preclude the allowed densities and incentives.
PARKING ALLOWANCES
Despite the city’s parking requirements under CMC
§21.44, the city may not require more than the
following parking ratios for a density bonus project
(including parking for persons with disabilities):
Unit Type Required Parking
Studio 1 space
One Bedroom 1 space
Two Bedroom 1.5 spaces
Three Bedroom 1.5 spaces
Four Bedroom 2.5 spaces
State laws further limits parking requirements for
specified projects as reflected below.
• 0.5 spaces per unit for projects with at least 11%
very low income, 20% lower income, or 40%
moderate income, when located within ½ mile
May 3, 2023 Item #4 Page 68 of 483
IB-112_State Density Bonus Law_Updated: 12/2021 Page 4 of 4
of accessible major transit stop, which in the city
is the Carlsbad Station or Poinsettia Station.
• No parking spaces are required for projects
meeting the following:
o 100% affordable to lower income
residents, within ½ mile of a major transit
stop.
o 100% senior or special needs rental project
affordable to lower income, either with
paratransit service or within ½ mile of an
accessible bus route that operates at least
eight times per day
o Rental supportive housing development
that is 100% affordable to lower income
households.
All parking requirements may be satisfied by
providing individual parking stalls or through tandem
or uncovered parking, so long as the required stalls
are provided onsite.
Requesting these parking standards does not count
as an incentive, concession, or waiver; however, an
applicant may request further parking standard
reductions using the incentive, concession, or waiver
allowances.
DENSITY BONUS APPLICATIONS
The city’s Density Bonus Ordinance can be found in
CMC §21.86 and applicants should follow the permit
submittal requirements and processes set forth in
Land Use Review Application (P-1).
Pursuant to changes in state density bonus law that
went into effective in 2019, the city developed a
supplemental checklist outlining the information that
must be submitted for a complete density bonus
application; referred to as the Density Bonus
Supplemental Checklist Form P-1(H). This includes
project location, property description, project
description, density calculations, and information on
any requested incentives, concessions or, waivers
proposed.
Once a development application is determined to be
complete, the city, under state law, will notify the
applicant of the level of density bonus and parking
ratio the development is eligible to receive.
PROJECTS IN THE COASTAL ZONE
When a density bonus project is proposed in the
coastal zone, legislation that went into effect in 2019
struck a balance between the state goals of
promoting housing and protecting the coast. Density
bonuses, incentives, waivers, and parking reductions
are to be permitted so that they are consistent with
both density bonus law and the California Coastal Act.
Granting of a density bonus or an incentive does not
require a general plan, zoning, or local coastal plan
amendment.
YOUR OPTIONS FOR SERVICE
To schedule an appointment or to learn more about
this process, please contact the Planning Division at
760-602-4610 or via email at
Planning@carlsbadca.gov.
NOTE: State density bonus law is regularly updated
and revised by the state legislature and the city may
not be able to timely update this bulletin to reflect the most current provisions. Please refer to current
state law (§65915 et seq.).
May 3, 2023 Item #4 Page 69 of 483
Community Development Department | 1635 Faraday Ave. | Carlsbad, CA 92008 | www.carlsbadca.gov
Inclusionary Housing Program
IB-157
When housing prices spiked in the 1990s, many cities
looked for ways to help make housing more affordable.
One such tool that many jurisdictions implemented was
INCLUSIONARY HOUSING REGULATIONS. Under these laws,
developers are required to set aside a certain number of
units within their residential development project and
make them affordable to lower income households.
As part of their inclusionary housing program, many
cities also included provisions that allow developers to
deviate from the strict adherence of the policy, so long
as it is found that the alternative means of compliance
meets the intent of the jurisdiction’s inclusionary
housing policies, and is consistent with the housing
affordability and fair housing choice goals specified in its
long-range housing plan.
This info-bulletin provides an overview of Carlsbad’s
Inclusionary Housing Program and describes how it helps
address affordable housing needs while advancing
equitable development goals consistent with the city’s
adopted Housing Element.
NEED FOR LOCAL INCLUSIONARY HOUSING
The state faces a serious housing problem that not only
threatens its economic security, the lack of access to
affordable housing can have a direct impact upon the
health, safety, diversity, and welfare of Carlsbad
residents. To retain a healthy livable environment and
meet state mandated housing goals, more needs to be
done to accommodate locally available and affordable
housing stock.
To help address this need, the city’s inclusionary housing
ordinance, originally adopted in 1993, established the
legal basis for requiring affordable (inclusionary) housing
units in new residential development in the city. The law
applies to all proposed development projects that
include residential units and requires that a minimum of
15% of the units within a project be affordable to lower-
income households.
Since its implementation, the inclusionary housing
ordinance has proven to be extremely effective. From
1995 to 2020, the city produced 19,026 housing units, of
which roughly 13% were made affordable through this
program. And it is anticipated that the city will generate
over 500 additional affordable units over the next eight-
year period.
HOUSEHOLD INCOME & AFFORDABILITY
We hear this a lot --- How do we make housing more
affordable? The term “affordable housing” can be used
to describe housing that receives some form of
subsidy/restriction that forcibly keeps rents and
mortgages low. It can also mean housing that’s naturally
affordable simply because of market supply and demand.
In order to make a meaningful difference in providing
affordable housing, the solution should not be looked at
as an “either-or” approach between privately produced
housing and subsidized housing…it requires both.
To help understand what qualifies as affordable, the U.S.
Department of Housing and Urban Development (HUD)
establishes income ranges for different household types,
which they have grouped into five “income categories:”
extremely low, very low, low, moderate and above-
moderate household income. The household income for
each of these categories is based on a percentage of the
region’s Area Median Income or AMI.
Carlsbad falls within the San Diego County region, which
has an AMI of $95,100 (2021) per year for a four-person
household. In comparison, the city’s actual median
income is closer to $108,000, but under state law the city
must use the county AMI. To help illustrate, the table
below shows the income levels for a family of four.
Exhibit 8
May 3, 2023 Item #4 Page 70 of 483
Page 2 of 6 Inclusionary Housing Program IB-157 (March 2022)
Income Category % of AMI Household Income1,2
Extremely Low <30% <$28,500
Very Low 30 - 50% $28,500 - $47,600
Low 51 - 80% $47,600 - $76,000
Moderate 81 - 120% $77,000 - $114,100
Above Moderate >120%>114,100
1 AMI as of April 2021 was $95,100 for family of four; 2 Figures rounded.
For housing costs to be considered affordable, a family’s
monthly rent/mortgage payment should not exceed 30%
of the gross annual household income of any given
income category. So, a low-income family of four with a
gross annual income of $55,000 should pay no more
than $1,375 per month for housing.
For a rental unit, total housing costs include the monthly
rent payment as well as consideration for a utility
allowance. With for-sale units, total housing costs
include the mortgage payment, homeowner association
dues, property taxes, mortgage insurance and any other
related assessments.
To learn more about HCD and housing, please see our
Info-Bulletin: Carlsbad Housing Plan (IB-137).
INCLUSIONARY HOUSING REQUIREMENTS
The city’s Inclusionary Housing Ordinance (CMC §21.85)
was passed by the City Council in 1993, and established
the legal basis for requiring inclusionary housing in new
residential development in the city. The following
provides a summary of key standards required under the
ordinance for new residential development in the city.
Number of units required
•All residential development projects proposing seven
or more housing units are required to provide at
least 15% of the total units (including density bonus
units) to be restricted for low-income households.
For projects proposing six or fewer units, refer to
Alternative #1 under the “Alternative Means of
Compliance” section of this info-bulletin.
•Inclusionary unit requirements apply to all
residential development projects (rental or for-sale
product), including mixed-use projects.
•When calculating, fractional units ≥0.5 must be
rounded up to the next whole number.
Example: An applicant proposes to satisfy its
inclusionary requirements for a 112-unit residential
development by reserving 15% of the units for low-
income households, or 17 units (112 X 0.15 = 16.8,
rounded up to 17). The remaining 95 units (112 units
minus 17) may be sold at market rate.
Duration units protected
•Inclusionary rental units shall remain restricted and
affordable to the designated income group for not
less than 55 years.
•Inclusionary for-sale units shall remain restricted and
affordable to the designated income group for not
less than 30 years.
Development standards
•Inclusionary units should be located throughout the
development rather than clustered in one area.
•The inclusionary units must be indistinguishable
from the market-rate units in the development, at
least outwardly.
•The inclusionary units must be constructed prior to
or concurrent with development of the market-rate
units, and prior to final building permit approval of
the market-rate units.
•Residents of the inclusionary units must have access
to the same amenities – such as pool, fitness center
and parking – as residents of the market-rate units.
•The inclusionary units must include a similar mix and
number of bedrooms as the market-rate units.
•When ten or more inclusionary units are required, at
least ten percent of those required units must
provide at least three bedrooms.
•To the extent possible, projects using for-sale units to
satisfy inclusionary requirements shall be designed to
be compatible with conventional mortgage financing
programs.
May 3, 2023 Item #4 Page 71 of 483
Inclusionary Housing Program IB-157 (March 2022) Page 3 of 6
ALTERNATIVE MEANS OF COMPLIANCE
The city understands that various constraints may
frustrate a developer’s ability to meet the strict letter of
the city’s inclusionary housing regulations. As such, the
ordinance allows for the City Council to authorize
“alternative means of compliance” when it is found that
the alternative meets the intent of the city’s Inclusionary
Housing Ordinance (CMC §21.85) and the goals and
policies of the city’s 2021-2029 Housing Element.
Council Policy Statement No. 57 (Policy 57) lists those
alternatives that have been found to meet the intent of
the city inclusionary code and help address its affordable
housing needs. These alternative means of compliance
are summarized in the sections below, but please refer
to Policy 57 for the specific requirements.
Alternative #1: Payment of in-lieu fee
Rather than constructing the inclusionary unit as part of
the development project, applicants proposing ≤six units
may instead pay a fee.
•$8,529 for a new single-family detached home
•$15 per square foot of net building area for each
proposed market-rate unit.
The rates above are effective 2022. Please check the
city’s Fee Schedule for the most current rates.
“Net building area” means the aggregate gross floor area
of all the unrestricted dwelling units within a
development, excluding areas outside the dwelling unit’s
habitable space such as garages, carports, parking areas,
porches, patios, open space, and excluding common
areas such as lobbies, common hallways, stairways,
elevators and equipment spaces.
Collected in-lieu fees are deposited into the city’s
Housing Trust Fund, and applied towards the furthering
of the city’s affordable housing needs pursuant to
Council Policy Statement No. 90 (Policy 90).
Alternative #2: Varying housing affordability
In addition to providing more housing available for low
income families, the city also recognizes a need to
increase housing stock for other targeted and needed
housing affordability levels such as moderate, very low-
and extremely low-income households. As such, so long
as the total average gross income restriction for the
required inclusionary units does not exceed 80% of the
AMI, the makeup of the inclusionary units can be
comprised on any combination of income categories.
Alternative #3: Increases in residential density
While not specific to the city’s inclusionary housing
ordinance, sometimes there is a request from a property
owner to increase their residential density above what is
authorized under the city’s current land use plans. In
exchange for the increased density, the city will require
that any future development on the site meet the
following additional inclusionary housing requirements.
•At least 20% of the total residential units are
restricted for low-income households; or,
•A least 15% of the total residential units are
restricted for low-income households and an
additional 10% are restricted for moderate-income
households; or,
•At least 15% of the total residential units are
restricted for very low-income households.
May 3, 2023 Item #4 Page 72 of 483
Page 4 of 6 Inclusionary Housing Program IB-157 (March 2022)
This has been applied to properties that received an
increase in residential density as part of the 2015
General Plan update and the 2021-29 Housing Element.
Alternative #4: Reduction credit
Residential development (for-sale or rental product) can
reduce its inclusionary housing obligations from 15% to
12.5%, under the following conditions.
• All affordable units must be made available to very
low- or extremely low-income households.
• Affordable units are located on the same site as the
market-rate units.
• No financial assistance from the city is provided.
• Example: “A 78-unit residential development is proposed, which requires that 15% of the units be
reserved for low-income (12 units). If the developer
voluntarily agrees to make inclusionary units available
to very low-income households, then the developer
may receive an incentive reduction credit. Under this scenario, 10 units in a 78-unit development projects
equates to 12.8%, which meets the minimum
inclusionary housing requirement.
Alternative #5: Use of accessory dwelling units
Pursuant to CMC §21.85.070.B, construction of up to 15
accessory dwelling units (ADU) can be used to satisfy
inclusionary housing requirements. Refer to our info-
bulletin on ADUs (IB-111) for additional information. The
standards below provide additional specifications for
when this allowance can be used.
• The project proposes ≥200 residential detached
dwelling units.
• The ADU may be an attached or detached product
type (Junior ADU prohibited) .
• The ADUs shall have an affordability term (≤80% AMI
with rents ≤70% AMI) of at least 30 years.
Notwithstanding the above, for projects proposing ≤six
units, the in-lieu fee may be waived if a detached or
attached ADU or Junior ADU is constructed concurrent
with construction of the market-rate unit, deed
restricted for low-income households for 30-years, and
occupied by income-qualified families.
Alternative #6: Off-site construction
Circumstances may arise in which the public interest
would be better served by allowing some or all of the
required inclusionary units to be developed at an
alternative site. This is referred to as a “Combined
Inclusionary Housing Project” or “Combined Project.” To
qualify, the following requirements must be met.
• The inclusionary calculation requirements shall be
based on the total number of market-rate units to be
provided, as opposed to the total number of
residential units in the project. See example below.
Example: An applicant proposes to satisfy its
inclusionary requirements for a 112-unit project by
building 15% of the units for low-income households
off-site. This leaves 85% of the units for market rate, for
a total residential unit count of 132 units (112 ÷ 0.85 =
131.8, rounded to 132). Using the total residential unit
count, the number of inclusionary units required is 20
(132 X 0.15 = 19.8, rounded to 20).
• The decision-making authority of the permit
application may approve a Combined Project subject
to the following findings.
o The site has not or will not receive a density
increase or density bonus.
o Site conditions make it physically infeasible to
accommodate the inclusionary units on-site.
o Significant price and product type disparities
make it financially infeasible to accommodate
the inclusionary units on-site.
o There is a documented lack of development
capacity to deliver affordable housing on-site.
o The off-site option provides greater financial
feasibility/cost effectiveness than the on-site.
o The off-site option provides better access to
jobs, schools, transit, and services.
o The off-site option supports housing goals and
policies in the city’s Housing Element.
May 3, 2023 Item #4 Page 73 of 483
Inclusionary Housing Program IB-157 (March 2022) Page 5 of 6
Notwithstanding, the City Council shall retain final permit
approval authority, including approval of the Affordable
Housing Agreement, on any Combined Project that
requires financial assistance from the city.
Alternative #7: Inclusionary housing credit bank
For projects that build inclusionary units in excess of
code requirements, and where the city is financially
participating in the project, the city can sell those excess
units in the form of credits to other developers to satisfy
their inclusionary requirement. The proceeds from the
credit sales are deposited into the city’s Housing Trust
Fund and redistributed pursuant to Policy 90.
• Bank Creation. The City Council may approve the
creation of an inclusionary housing credit bank,
subject to the following findings.
o The inclusionary units are in excess of the
minimum number of units required under the
city’s Inclusionary Housing Ordinance; or
o The inclusionary units are part of a 100%
affordable housing project; and
o The inclusionary units are constructed and
received final inspection; and
o The city financially contributed to the
construction of the project.
• Credit Purchase Eligibility. Projects proposing more
than seven, but no more than 50 residential units
are eligible to purchase credits.
• Credit Price. The price for each inclusionary unit
shall be determined by dividing the city’s financial
contribution by the total number excess
inclusionary units, subject to annual CPI
adjustments.
• Credit Bank. Applicants must pay the credit price of
available credits from the oldest established
inclusionary housing bank that is located within the
same city quadrant in which the market-rate units
are located, or if none available, sites which are
contiguous to the quadrant in which the units are
proposed.
• Credit Purchase Ratio – The amount of credits to
be purchased shall be based on the following.
o 7 to 20 units: 1.0 credit/inclusionary unit
o 21 to 35 units: 1.5 credits/inclusionary unit
o 36 to 50 units: 2.0 credits/inclusionary unit
• Credit Purchase Approval. The decision-making
authority of the development project is authorized
to approve credit purchases, so long as the findings
below are met. Should a request to purchase credits
occur after discretionary approval, the Community
Development Director or the Housing & Homeless
Services Director shall have the authority to approve
credits, subject to the same findings.
o The project site is located within the same
Growth Management Plan quadrant that the
housing credit is located, or if nonavailable, sites
which are contiguous (share a common boarder)
with the quadrant in which the units are
proposed.
o Sufficient housing credits available to purchase.
• Credit Price Payment. Payment of credit purchases
shall be due prior to recordation of the final map or
issuance of a building permit, in situations where the
project does not include a subdivision. If the project
entitlements expire, credits will be made available to
another eligible project(s).
May 3, 2023 Item #4 Page 74 of 483
Page 6 of 6 Inclusionary Housing Program IB-157 (March 2022)
Alternatives not listed, but may be considered
The City Council may approve other alternatives means
of compliance not listed in Policy 57 when evidence is
provided that the alternative helps achieve relevant
Housing Element policies and goals and assists the city in
meeting its state housing requirements.
As part of the City Council’s consideration, the applicant
must also show why compliance with current
inclusionary housing regulations would be infeasible or
present unreasonable hardship in light of such factors as
project size, site constraints, market competition, price
and product type disparity, available financial subsidies,
and approved alternatives listed in Policy 57.
AFFORDABLE HOUSING AGREEMENTS
An Affordable Housing Agreement (AHA) is a legally
binding agreement between the developer and the city
to ensure that the inclusionary requirements of a
residential development are satisfied. CMC §21.85.140
provides the specific requirements of the AHA, but the
more significant components are listed below.
• A project condition shall be added to projects
subject to the inclusionary ordinance and Policy 57
requiring that an AHA be reviewed, approved, and
recorded prior to Final Map or issuance of building
permits, whichever is first.
• Among other items, the AHA must include the
number of required inclusionary units, the unit sizes,
location, affordability tenure, required findings,
terms and conditions of affordability and unit
production schedule.
• The AHA and all relevant terms and conditions shall
be recorded against the entire development.
• The AHA shall bind all future owners and successors
in interest for the term of years specified therein.
APPROVAL AUTHORITY
The approval authority for the development project
subject to these standards is as follows:
• The decision-making authority for the underlying
permit application(s) shall have the authority to
approve projects found consistent with Policy 57.
• Development projects that propose an alternative
means of compliance that is not specifically provided
for in the CMC or Policy 57 shall be considered by
the Housing Commission for a recommendation to
the City Council.
• Approval authority of the AHA is as follows:
o AHA that are consistent with CMC §21.85 and
Policy 57 and do not request financial assistance
from the city shall first be considered by the
Affordable Housing Policy Team for a
recommendation to the H&HS Director.
o Affordable Housing Agreements that propose a
deviation(s) to Policy 57 or request financial
assistance shall first be considered by the
Affordable Housing Policy Team and Housing
Commission for a recommendation to the City
Council, which has the authority to issue final
approval of the alternative.
YOUR OPTIONS FOR SERVICE
To schedule an appointment or to learn more about this
program, please contact the Planning Division at 442-339-
2600 or via email at Planning@carlsbadca.gov or the
Housing & Homeless Services Department at 442-339-
4721 or via email at Housing@carlsbadca.gov.
May 3, 2023 Item #4 Page 75 of 483
October 6, 2022
City of Carlsbad Planning Division
1635 Faraday Avenue Carlsbad, CA 92008 ATTN: Jason Goff
SUBJECT: Enhanced Stakeholder Outreach Report for the FPC Residential Project No. SDP 2022-0003/ CDP 2022-0023 (DEV2022-0048)
Dear Jason,
H.G. Fenton and its consulting team Intesa Communication Group conducted an Enhanced Stakeholder Outreach Program for the FPC Residential on Ponto Road (SDP
2022-0003/ CDP 2022-0023) in conformance with Carlsbad Council Policy No. 84,
Development Project Public Involvement Policy. The outreach program included the following:
Initial Project Notification
•In accordance with City guidelines, an initial notice of project application (Exhibit1) was mailed to all property owners within 600 feet of the project site and alloccupants within 100 feet within 30 days of project application. This includes theHOAs of San Pacifico and Hanover Beach Colony who shared the notice with
their entire communities which exceeded the 600ft requirement. In addition, a2x3 ft sign was posted on the project site with the project application information.
In person community meeting •One Community Outreach Meeting was held for the project onsite on
Saturday, June 25th at 10a. Twenty-six neighbors and other stakeholdersattended the meeting and signed-in on the project sign-in sheet (see Exhibit3). After an introduction by John La Raia of H.G. Fenton, communitymembers were encouraged to visit each of the four stations (Architecture,Property Management, Site Plan/Open Space, Traffic/Parking/Mobility) set up
by the development team and ask questions. Residents were asked to writedown their questions on comment cards so the cards could be included,however no residents chose to write down any questions or comments.Attached are a compilation of questions that were received verbally during theoutreach meeting(Exhibit 4).
Virtual Community meeting •In addition to the in person community meeting, the same notice offered avirtual meeting option on June 30th at 6pm. Of the twelve community
Exhibit 9
May 3, 2023 Item #4 Page 76 of 483
Page 2 of 21
members registered, only three attended the meeting. A slide presentation was given by Ryley Webb of H.G. Fenton and the Fenton team of technical consultants was available for questions. One question was asked about what
the rent would be. The team answered that rents had not yet been
determined for the project. Door knocking
• On May 12, 2022 representatives from Fenton and Intesa knocked on doors
of the neighbors located immediately across Ponto Rd. The neighbor engagement was overwhelmingly positive. If residents did not answer, a flyer was left behind at each door with contact information for the project team should the neighbors have any questions. (Exhibit 5).
• On September 22, 2022 the Intesa team walked Ponto Rd again to engage
with neighbors but no questions or interactions arose. Individual and interest group meetings • The project team also had numerous meetings and phone calls with Lance
Schulte both as an individual and with representatives of People for Ponto.
Meetings occurred in person and onsite on March 7, 2022, May 10, 2022, and May 12, 2022. Additional phone calls and emails have occurred through the last several months. • The project team spoke with Bill Canepa, owner of the Cape Rey Hotel and
Resort on May 6, 2022
• The project team met with Councilmember Teresa Acosta onsite on March 25, 2022. • The Fenton team also held two focus group meetings that included Carlsbad residents to talk about desired amenities and design of the project on June
15, 2022 and August 11, 2022.
• ** Of note, as a result of the Ponto for People meeting on May 10th that included San Pacifico HOA leaders, the project team followed up numerous times to request a presentation to the San Pacifico Homeowners Association, but requests were never responded to.
Additional communications • The project team received multiple emails from a nearby neighbor regarding the following issues: o vagrancy on the site
o Power onsite
o Site development questions (Exhibit 6)
o Railroad tracks The team responded expeditiously and remedied each concern as they were raised.
• The team also received an email from resident on June 9, 2022 regarding her
desire to have no buildings between San Pacifico and the beach. John La Raia responded and offered to meet but never got a response.
May 3, 2023 Item #4 Page 77 of 483
Page 3 of 21
• **Email communication is available upon request. • Call from resident on June 2, 2022 regarding opposition to the project. After talking to Ryley Webb, it seemed apparent that the complaint was about
potential development of adjacent parcel.
In addition to the above outreach, the project team also anticipated additional outreach to local employers, industry groups, adjacent neighbors, and any other interested individual or group that has interest in the project.
Sincerely,
Ryley Webb Project Manager, H.G. Fenton Exhibits: 1. Notice of Project Application
2. Community Meeting Notice
3. Stakeholder Sign in Sheets and images 4. Community Meeting questions and answers 5. Neighbor door knocker flyer 6. Neighbor questions and answers
May 3, 2023 Item #4 Page 78 of 483
Page 4 of 21
EXHIBIT 1
Notice of Project Application
May 3, 2023 Item #4 Page 79 of 483
Page 5 of 21
H.G. Fenton Property Company 7577 Mission Valley Road San Diego CA 92108 May 2, 2022 SUBJECT: Notice of Application: SDP 2022-0003/CDP 2022-0023– FPC Residential
Dear Neighbors and Interested Stakeholders: Per City Council Policy No. 84, this is to inform you that H.G. Fenton Company has submitted the following development application to the City of Carlsbad: PROJECT NUMBER: SDP 2022-0003/CDP 2022-0023
PROJECT NAME: FPC Residential
PROJECT ADDRESS: 7290 Ponto Dr
ASSESSOR PARCEL NO: 214-160-25-00; 214-160-28-00; 214-171-11-00
DATE OF APPLICATION: April 7, 2022
PROJECT DESCRIPTION: Site Development Permit and Coastal Development Permit to demolish an existing 4.64-acre self-storage facility and junkyard to construct 86townhome style apartments. The mix of units consists of eight two-bedroom units, 40 three-bedroom units, and 38 four-bedroom units. The project includes a Density Bonus request which
will set aside 15% of the units as affordable to low-income households which would allow for up to 19.125 dwelling units per acre, or a total of 86 units. The project will include 191 parking spaces onsite with a two-car garage per unit and 19 guest parking spaces. See attached site plan and building elevations.
APPLICANT NAME: Ryley Webb H.G. Fenton Property Company
7577 Mission Valley Rd, San Diego, CA 92108 (619) 400-0120 rwebb@hgfenton.com
CITY PROJECT PLANNER: Jessica Evans, Associate Planner (442) 339-2631 jessica.evans@carlsbadca.gov
If you would like more information or would like to provide input on the project, please do not hesitate to contact me at the phone number or email address above. The project is currently under review by the City and your input is
welcome. A decision to approve or deny this application will be made by the City at a future public hearing and you will be notified of the hearing in advance. Sincerely,
Ryley Webb H.G. Fenton Property Company
May 3, 2023 Item #4 Page 80 of 483
Page 6 of 21
EXHIBIT 2
Community Meetings Notice
May 3, 2023 Item #4 Page 81 of 483
Page 7 of 21
May 3, 2023 Item #4 Page 82 of 483
Page 8 of 21
May 3, 2023 Item #4 Page 83 of 483
Page 9 of 21
EXHIBIT 3
Stakeholder Sign in Sheets and Meeting Images
May 3, 2023 Item #4 Page 84 of 483
Page 10 of 21
May 3, 2023 Item #4 Page 85 of 483
Page 11 of 21
May 3, 2023 Item #4 Page 86 of 483
Page 12 of 21
May 3, 2023 Item #4 Page 87 of 483
Page 13 of 21
Registration Report
Report Generated: 7/1/2022
9:08
Topic Webinar ID Scheduled Time Duration
(minutes) # Registered #
Cancelled #
Approved #
Denied
FPC Residential Informational
Meeting 988 3043
0352 6/30/2022 18:00 240 12 0 12 0
Attendee Details
First Name Last Name Email Registration
Time Approval
Status
Sina Hajhassan sina@intesacom.com 6/2/2022 10:27 approved
Oscar Arjona osarjona@gmail.com 6/7/2022 9:01 approved
lance schulte meyers-schulte@sbcglobal.net 6/8/2022 6:55 approved
Mark Matthess Matthess@pacificinland.net 6/20/2022
13:16 approved
Elissa Stone Stoneproperties7087@gmail.com 6/20/2022
16:34 approved
Vipul Pabari sejalandvipul@yahoo.com 6/27/2022 9:59 approved
Ryan Martin ryanmartin@hunsakersd.com 6/29/2022 9:04 approved
Jan Fawcett jan@thefawcettgroup.com 6/30/2022
11:34 approved
Alex Winborn awinborn@hgfenton.com 6/30/2022
13:50 approved
Carol Campagna Carolcampagna12@gmail.com 6/30/2022
14:41 approved
Roman Lopez lopez@llgengineers.com 6/30/2022
17:56 approved
Alan Scales ascales@ktgy.com 6/30/2022
17:58 approved
May 3, 2023 Item #4 Page 88 of 483
Page 14 of 21
EXHIBIT 4
Community Meeting Questions and Answers
May 3, 2023 Item #4 Page 89 of 483
Page 15 of 21
June 25, 2022 Community Meeting questions and answers
1. How many units will the project contain?
o There are 86 total units consisting of eight 2-Bedroom, 26 3-Bedroom, and 38 4-
Bedroom
2. How tall are the units?
o All units are proposed to be below the 35’ height limit required by the zone.
3. Are you keeping the wall on the Western edge of the property?
o All of the current walls on the property will be demoed. A new 6’ tall soundwall
consisting of brick and glass will be constructed on the eastern edge of the property.
4. Will the existing homes be able to connect to the sewer?
o The proposed sewer for the project would not allow for the existing homes to be
removed from septic.
5. How many people per unit?
o We abide by federal law which limits occupancy to 2 per bedroom plus 1.
6. How many bedrooms?
o There is a mix of two, three, and four bedroom units
7. Is the project for rent or for sale
o The project is proposed to be a for-rent project
8. Will the community be gated?
o Plans for the community do not currently include a gate.
9. Will there be parking on Ponto Road?
o The project proposes to widen Ponto Road and will provide additional parking along
Ponto Road.
10. Can you connect the frontage street to Carlsbad Blvd?
o The frontage road is outside the scope of the projects improvements.
11. How long will construction take?
o Construction is anticipated to take up to 18 months.
12. What amenities are part of the project?
o The project proposes a variety of amenities including a dog park, tot lot, and pickleball
court. There will also be a barbeque area for residents
13. How will you handle guest parking?
o There are 19 guest parking spaces. We have utilized a variety of methods at our other
communities to ensure that guest parking is available to residents.
14. How are you addressing the railroad?
o A sound wall will be constructed along the eastern edge of the property.
15. How will residents travel to the site?
o Residents can arrive to the site from Avenida Encinas to the South or from Poinsettia
and Carlsbad Blvd to the north. The project entrance is located in the center of the
project along the western frontage.
16. Will the project be Section 8?
o The project is not specifically designated as a Section 8 project. All communities are
required to abide by state regulations regarding Section 8.
17. How much will rent be?
o Rent has not been set at this time
May 3, 2023 Item #4 Page 90 of 483
Page 16 of 21
18. What other properties do you manage?
o We manage Sea Gate in Carlsbad. We also manage a variety of other communities
throughout San Diego County
19. Will there be an onsite manager?
o Day to day operations have not been decided yet. We have experience managing
properties with both on-site managers and off-site managers.
20. Are you planning a secondary access?
o The project currently has a second access point that will be used only for fire access at
this time.
21. How much traffic will this generate?
o The project will generate less traffic than was approved in the Ponto Beachfront Village
Vision Plan.
22. Do you own the property to the south?
o No, we do not own the property to the south. (**Since this question was raised, an
Limited Liability Company (LLC) that H.G. Fenton has an interest in purchased the parcel
to the South through a public auction in September of 2022. There are no current
development plans for the site)
23. How are you satisfying the park requirement?
o We will be paying the City of Carlsbad park fee. In addition, over 30% of the site is a
combination of private and common open space.
24. What type of fence/wall do you plan along the tracks?
o The wall will consist of brick at the bottom and glass at the top.
25. Will neighbors still have access to the walkway along the north side of the parking garage.
o The walkway is not on the project property. No plans are in place to remove the
walkway or block access to the walkway.
26. Do you plan to bury the wires that surround this area?
o We plan to bury the wires that serve the project site.
May 3, 2023 Item #4 Page 91 of 483
Page 17 of 21
EXHIBIT 5
Doorknock Flyer
May 3, 2023 Item #4 Page 92 of 483
Page 18 of 21
Doorknock flyer
May 10, 2022
Hi Neighbor,
My name is Maddy Kilkenny and I work with the team developing the storage
facility across the street. I’d love to connect and understand any questions or
concerns you might have.
My contact info is below.
Maddy Kilkenny
maddy@intesacom.com
(619) 838-7662
May 3, 2023 Item #4 Page 93 of 483
Page 19 of 21
EXHIBIT 6
Neighbor Questions and Answers
May 3, 2023 Item #4 Page 94 of 483
Page 20 of 21
Neighbor questions and answers (via email May 9, 2022)
Hi (name withheld),
My name is Maddy Kilkenny and I work with Ryley Webb and the team at HG Fenton. Ryley forwarded
your email and some responses to your questions below in green. I’d be happy to set up a follow up
Zoom or meeting. My role on the team is to be a liaison with the community so I also wanted to make
sure that you have my contact information which is in my signature below. I look forward to working
with you and your neighbors:
1-what type of fence/wall do you plan along the tracks. My concern is noise from the train being
bounced in our direction increasing the volume. You do realize that NCT drive their trucks there to go
towards Poinsettia station.
The wall is a brick and glass sound wall as required by the City. We spoke with our acoustical engineer
regarding your question and he confirmed that a small percentage would be reflected back. When
asked to qualify that small percentage he informed us that the change in volume would likely be less
than a decibel (in other words not perceptible to the human ear). For all practical purposes, you
wouldn’t hear any difference.
2-There is a walkway along the north side of the parking garage that is used by walkers. We cross the
tracks and walk through there towards Cape Rey to cross Coast Hwy. So if you fence in your
neighborhood we need that access.
Your access to the parking garage on the north side will not be blocked. The edge of our property is
about halfway up the side of the parking garage.
3- The green triangle open space will be what? Will it block our path?
That green triangle is currently envisioned to be a dog park and pickle ball court. It will not block the
path.
4-Will the entry from Ponto Road be gated? If not, your guest parking will become surfer/beach parking
so how will you control it for your residents?
The entry from Ponto Road is not currently planned to be gated. We have a lot of experience managing
communities in parking impacted areas. There are a variety of parking management solutions we can
and will utilize to ensure our customer’s guests have access to those spots. Our residents consider those
guest spots to be highly valuable, so they will want to make sure they are managed for the community,
not for the surfer/beach parking. That having been said, we are open to hearing from you and other
residents about the management of the guest parking spaces. Parking at Ponto is certainly at a
premium so we understand your concern.
5-Are these apartments to rent or own?
The housing is designed to for-sale standards, but is being submitted as a for-rent housing option for
future Carlsbad residents.
May 3, 2023 Item #4 Page 95 of 483
Page 21 of 21
6-Do you plan to bury the wires that surround this area? Ponto Drive will have to be paved. The lot
currently fenced that this faces is a space of much activity, that is why it is fenced. We get some police
patrol but will need it more when there are more people living here.
We plan to bury the wires that are located on the project site. We will also be doing improvements to
Ponto Drive including sidewalks.
We all know development is inevitable. This is an area of “beach people” who enjoy being outside and
peaceful. I hope this doesn’t change.
Thank you for this comment. I (Maddy) also live in Carlsbad and my husband grew up here. We have
every interest in building a project that suits the community. We believe our future customers will be
attracted to this area for the exact reasons you stated and for what Carlsbad has to offer. We have
designed a housing option that lives like a for-sale product, but is available to those that may not have
the down payment to buy something in Carlsbad. I’d love to set up a Zoom or an in person meeting
with the development team if you have additional comments or questions.
Maddy Kilkenny
Partner, Intesa Communications Group
maddy@intesacom.com
c. (619) 838-7662
May 3, 2023 Item #4 Page 96 of 483
Exhibit 10
May 3, 2023 Item #4 Page 97 of 483
May 3, 2023 Item #4 Page 98 of 483
May 3, 2023 Item #4 Page 99 of 483
May 3, 2023 Item #4 Page 100 of 483
May 3, 2023 Item #4 Page 101 of 483
May 3, 2023 Item #4 Page 102 of 483
May 3, 2023 Item #4 Page 103 of 483
May 3, 2023 Item #4 Page 104 of 483
May 3, 2023 Item #4 Page 105 of 483
May 3, 2023 Item #4 Page 106 of 483
May 3, 2023 Item #4 Page 107 of 483
May 3, 2023 Item #4 Page 108 of 483
May 3, 2023 Item #4 Page 109 of 483
May 3, 2023 Item #4 Page 110 of 483
May 3, 2023 Item #4 Page 111 of 483
May 3, 2023 Item #4 Page 112 of 483
May 3, 2023 Item #4 Page 113 of 483
May 3, 2023 Item #4 Page 114 of 483
May 3, 2023 Item #4 Page 115 of 483
Ma
y
3
,
2
0
2
3
It
e
m
#
4
P
a
g
e
1
1
6
o
f
4
8
3
Ma
y
3
,
2
0
2
3
It
e
m
#
4
P
a
g
e
1
1
7
o
f
4
8
3
Ma
y
3
,
2
0
2
3
It
e
m
#
4
P
a
g
e
1
1
8
o
f
4
8
3
Ma
y
3
,
2
0
2
3
It
e
m
#
4
P
a
g
e
1
1
9
o
f
4
8
3
Ma
y
3
,
2
0
2
3
It
e
m
#
4
P
a
g
e
1
2
0
o
f
4
8
3
Ma
y
3
,
2
0
2
3
It
e
m
#
4
P
a
g
e
1
2
1
o
f
4
8
3
Ma
y
3
,
2
0
2
3
It
e
m
#
4
P
a
g
e
1
2
2
o
f
4
8
3
May 3, 2023 Item #4 Page 123 of 483
Ma
y
3
,
2
0
2
3
It
e
m
#
4
P
a
g
e
1
2
4
o
f
4
8
3
Ma
y
3
,
2
0
2
3
It
e
m
#
4
P
a
g
e
1
2
5
o
f
4
8
3
Ma
y
3
,
2
0
2
3
It
e
m
#
4
P
a
g
e
1
2
6
o
f
4
8
3
Ma
y
3
,
2
0
2
3
It
e
m
#
4
P
a
g
e
1
2
7
o
f
4
8
3
Ma
y
3
,
2
0
2
3
It
e
m
#
4
P
a
g
e
1
2
8
o
f
4
8
3
Ma
y
3
,
2
0
2
3
It
e
m
#
4
P
a
g
e
1
2
9
o
f
4
8
3
Ma
y
3
,
2
0
2
3
It
e
m
#
4
P
a
g
e
1
3
0
o
f
4
8
3
Ma
y
3
,
2
0
2
3
It
e
m
#
4
P
a
g
e
1
3
1
o
f
4
8
3
Ma
y
3
,
2
0
2
3
It
e
m
#
4
P
a
g
e
1
3
2
o
f
4
8
3
Ma
y
3
,
2
0
2
3
It
e
m
#
4
P
a
g
e
1
3
3
o
f
4
8
3
Ma
y
3
,
2
0
2
3
It
e
m
#
4
P
a
g
e
1
3
4
o
f
4
8
3
Ma
y
3
,
2
0
2
3
It
e
m
#
4
P
a
g
e
1
3
5
o
f
4
8
3
Ma
y
3
,
2
0
2
3
It
e
m
#
4
P
a
g
e
1
3
6
o
f
4
8
3
Ma
y
3
,
2
0
2
3
It
e
m
#
4
P
a
g
e
1
3
7
o
f
4
8
3
Ma
y
3
,
2
0
2
3
It
e
m
#
4
P
a
g
e
1
3
8
o
f
4
8
3
Ma
y
3
,
2
0
2
3
It
e
m
#
4
P
a
g
e
1
3
9
o
f
4
8
3
Ma
y
3
,
2
0
2
3
It
e
m
#
4
P
a
g
e
1
4
0
o
f
4
8
3
Ma
y
3
,
2
0
2
3
It
e
m
#
4
P
a
g
e
1
4
1
o
f
4
8
3
Ma
y
3
,
2
0
2
3
It
e
m
#
4
P
a
g
e
1
4
2
o
f
4
8
3
Ma
y
3
,
2
0
2
3
It
e
m
#
4
P
a
g
e
1
4
3
o
f
4
8
3
Ma
y
3
,
2
0
2
3
It
e
m
#
4
P
a
g
e
1
4
4
o
f
4
8
3
Ma
y
3
,
2
0
2
3
It
e
m
#
4
P
a
g
e
1
4
5
o
f
4
8
3
May 3, 2023 Item #4 Page 146 of 483
May 3, 2023 Item #4 Page 147 of 483
May 3, 2023 Item #4 Page 148 of 483
May 3, 2023 Item #4 Page 149 of 483
May 3, 2023 Item #4 Page 150 of 483
May 3, 2023 Item #4 Page 151 of 483
May 3, 2023 Item #4 Page 152 of 483
May 3, 2023 Item #4 Page 153 of 483
May 3, 2023 Item #4 Page 154 of 483
May 3, 2023 Item #4 Page 155 of 483
May 3, 2023 Item #4 Page 156 of 483
May 3, 2023 Item #4 Page 157 of 483
May 3, 2023 Item #4 Page 158 of 483
May 3, 2023 Item #4 Page 159 of 483
May 3, 2023 Item #4 Page 160 of 483
May 3, 2023 Item #4 Page 161 of 483
May 3, 2023 Item #4 Page 162 of 483
May 3, 2023 Item #4 Page 163 of 483
May 3, 2023 Item #4 Page 164 of 483
May 3, 2023 Item #4 Page 165 of 483
May 3, 2023 Item #4 Page 166 of 483
May 3, 2023 Item #4 Page 167 of 483
May 3, 2023 Item #4 Page 168 of 483
May 3, 2023 Item #4 Page 169 of 483
May 3, 2023 Item #4 Page 170 of 483
May 3, 2023 Item #4 Page 171 of 483
May 3, 2023 Item #4 Page 172 of 483
May 3, 2023 Item #4 Page 173 of 483
May 3, 2023 Item #4 Page 174 of 483
May 3, 2023 Item #4 Page 175 of 483
May 3, 2023 Item #4 Page 176 of 483
May 3, 2023 Item #4 Page 177 of 483
May 3, 2023 Item #4 Page 178 of 483
May 3, 2023 Item #4 Page 179 of 483
May 3, 2023 Item #4 Page 180 of 483
Exhibit 11
May 3, 2023 Item #4 Page 181 of 483
May 3, 2023 Item #4 Page 182 of 483
May 3, 2023 Item #4 Page 183 of 483
May 3, 2023 Item #4 Page 184 of 483
May 3, 2023 Item #4 Page 185 of 483
May 3, 2023 Item #4 Page 186 of 483
May 3, 2023 Item #4 Page 187 of 483
May 3, 2023 Item #4 Page 188 of 483
May 3, 2023 Item #4 Page 189 of 483
May 3, 2023 Item #4 Page 190 of 483
May 3, 2023 Item #4 Page 191 of 483
May 3, 2023 Item #4 Page 192 of 483
May 3, 2023 Item #4 Page 193 of 483
May 3, 2023 Item #4 Page 194 of 483
May 3, 2023 Item #4 Page 195 of 483
May 3, 2023 Item #4 Page 196 of 483
May 3, 2023 Item #4 Page 197 of 483
Exhibit 12
May 3, 2023 Item #4 Page 198 of 483
Page 1 of 4
Subject of appeal: The 1/5/23 proposed FPC Residential project CEQA Determination of Exemption for
the Ponto Site 18 Coastal land use changes & FPC Residential Site Development and Coastal
development Permits.
Reasons for appeal: The proposed CEQA exemption does not meet the criteria for a Class 32 Exemption
because:
1. Class 32 Criteria (a) is clearly not meet. The project is inconsistent with the Current CA Coastal
Commission Certified Coastal portion of Carlsbad’s General Plan and the currently Certified
Local Coastal Program (Mello II Segment cover the project). Attached is the Current CCC
Certified LCP that has not been cited or referenced in the City’s proposed Class 32 CEQA
exemption. The Current Certified LCP does not specifically support the proposed Class 32 CEQA
Exemption. Consistent with State Law Carlsbad pre-2015 General Plan and page 2-7 of the
Uncertified General Plan Land Use (GP LU) Element Clearly states that the Current Certified
LCPA for Ponto is still the controlling Coastal land use plan for Ponto. All the justification the
City cites in Criteria (a) are CITY PROPOSED GP LU Element land use policies that per Page 2-7
have NOT “taken effect” until the CCC specifically approves (aka Certifies) them. This CCC
Certification has not yet occurred and in fact the CCC did in 2010 specifically denied the City’s
proposed Ponto Beachfront Village Vision Plan on which the Ponto specific GP LU Element
policies the project completely relies on to meet the Class 32 (a) criteria. The City’s proposed
Ponto Vision Plan specifically acknowledges that a future Local Coastal Program Amendment
will be required to ‘define permitted uses’ which was denied by CCC in 2010 and City is again
Proposing to the CCC in the Proposed LCP Amendment that has yet to be ruled on by the CCC.
In addition, City Proposed GP LU Element pages 2-14, 2-18, and 2-19 specifically conflict with
the project’s proposal to develop VC-Visitor Commercial land use as 100% Residential, as
Residential land use in a VC Land Use designation can only be a ‘Secondary use”. The project
proposes to violate the policies in these GP LU pages.
The City also needs the CA Coastal Commission to Certify a LCP Implementation Plan (i.e. the
Zoning Code rules) that is applicable in the Coastal Zone and Ponto. This has yet to occur. So
the City citing any Carlsbad Zoning Code provision that is not currently specifically Certified by
the CA Coastal Commission is per State Law and Carlsbad’s pre-2015 and current proposed GP
LU Element has not “taken effect”. Reference to Zoning Code provisions that have not “taken
effect” in the Coastal Zone as the General Plan notes is also not a justification that can be used
as rational for the City proposed Class 32 CEQA Exemption.
The City in its Ponto Site 18 description generally acknowledged/acknowledges that a
GPA/ZC/LCPA is needed to convert VC land Use to 100% Residential use, and that the
GPA/ZC/LCAP must be approved by both the City Council and CA Coastal Commission, and that
that such GPA/ZC/LCPA will likely not be approved by the CCC. The City’s proposed CEQA
Exemption conflicts with the City’s prior statements and is being used to circumvent the CA
Coastal Act.
2. The City’s proposed Class 32 (a) criteria also is not allowed as it conflicts with CEQA Section
15061 (2) and (3) and Section 15300.2 (b) and (c):
a. 15061 (b)(2) – The City’s proposed Exemption is barred by the requirements of Section
15300.2.
May 3, 2023 Item #4 Page 199 of 483
Page 2 of 4
b. 15061 (b)(3) - The City’s proposed Exemption does not meet ‘the common sense
exemption’ and the City has not shown “with certainty that there is no possibility that
the activity in question may have a significant effect on the environment”. The data in
this appeal and October 12, 2022 9:02am email/4 attachments demonstrate there IS A
POSSIBILITY the project may have a significant impact.
c. 15300.2 (b) – A project cannot be Exempt from CEQA if it has “Cumulative Impact. All
exemptions for these classes are inapplicable when the cumulative impact of successive
projects of the same type in the same place, over time is significant.” The 4.64 (or 5.15)
acre RCP Residential Project is only one of many adjacent Fenton Projects at Ponto.
Fenton owns the 6 acre Ponto Site 18 and the directly adjacent 11.1 acre Ponto
Planning Area F site. These 17.1 acres are under one developer ownership, are
interconnected by City/Coastal planning issues, are all contemplated to be developed
by Fenton. Since 2017 Carlsbad citizens have communicated to the City and CCC about
the Cumulative impacts at Ponto and have repeatedly asked the City to
comprehensively address those impacts and Coastal land use concerns.
d. 15300.2 (c) - A project cannot be Exempt from CEQA if it has “Significant Effect. A
categorical exemption shall not be used for an activity where there is a reasonable
possibility that the activity will have a significant effect on the environment due to
unusual circumstances.” There is a REASONABLE POSSIBILITY that the activity will have
a SIGNIFICANT EFFECT and that Ponto’s UNUSEAL CIRCOMSTANCES of which Fenton’s
FPC Residential Project and Fenton’s 17.1 acres at Ponto are part. Thus a CEQA
exemption is not possible. The October 12, 2022 email/attachments clearly document
the reasonable possibility on many significant effects, and that the circumstances are
unusual.
3. The City’s proposed Class 32 (b) criteria also may not be allowed. The project site may not be
“substantially surrounded by urban uses” as shown in the following image the project site is
substantially surrounded by open space uses to the south, and these open space uses have
recorded endangered species habitat.
Carlsbad Development Permit CDP-2021-0035 & Habitat Management Permit HMP 2021-0005 - eTS
44537 Line 1026 Emergency Repair Project Habitat Restoration Plan - Figure 3 Observations of CAGN (CA
Gnat Catcher protected endangered species) on page 1-3
May 3, 2023 Item #4 Page 200 of 483
Page 3 of 4
4. The City’s proposed Class 32 (d) criterion also is not allowed. Since the proposed CEQA
exemption was disclosed and noticed the proposed VMT reduction methods do not appear
May 3, 2023 Item #4 Page 201 of 483
Page 4 of 4
consistent with the project and TAZ situation. Attached is a summary of the Traffic Impacts
inconsistencies. In addition all the data provided in an October 12, 2022 email to the City on
the CEQA input provides reasonable and ‘common sense’ rational on why the Class 32 (d)
criterion is not met. That October 12, 2022 data that included four (4) attachments that uses
the CEQA Checklist to note potential CEQA Impacts that cannot be exempted. That already
submitted October 12, 2022 email and four (4) attached files are fully referenced and included
in the appeal.
Referenced attachments:
A. City of Carlsbad Local Coastal Program 2016 (CCC Certified).
B. October 12, 2022 9:02am email/4 attachments to City on Ponto Site 18 CEQA analysis (all are
already on file at City):
1. 2022 Oct 12 – Public Input on Ponto Site 18 environmental impacts to be
studied/mitigated by City/Developer.pdf
2. Carlsbad 2019 proposed Draft LCP Amendment - People for Ponto 2021-Oct Updated
Public Comments - Coastal Recreation
3. Carlsbad 2019 proposed Draft LCP Amendment - Public Comments - Low-cost Visitor
Accommodations - updated 2021-10-12.pdf
4. Sea Level Rise and Carlsbad DLCP-LUPA planned loss of OS at Ponto - 2022.pdf
C. FPC Residential CEQA exemption VMT Report critique-Linke draft (2).pdf
May 3, 2023 Item #4 Page 202 of 483
May 3, 2023 Item #4 Page 203 of 483
CITY OF CARLSBAD
LOCAL COASTAL
PROGRAM
2016
May 3, 2023 Item #4 Page 204 of 483
City of Carlsbad, September 8, 2016 Local Coastal Program
This page intentionally left blank
May 3, 2023 Item #4 Page 205 of 483
City of Carlsbad, September 8, 2016 Local Coastal Program
CITY OF CARLSBAD
LOCAL COASTAL
PROGRAM
Recommended for Approval by Planning Commission, June 5, 1996
Resolutions No. 3922 and 3924
Approved by City Council, July 16, 1996
Ordinances No. NS 364 and NS 365
Effective Certification by Coastal Commission, October 9, 1996
***
Kelly Ranch LCP Amendment (Mello II)
Recommended for Approval by Planning Commission, April 7, 1999
Resolution No. 4494
Approved by City Council, May 18, 1999
Ordinance No. NS-483
Approved by Coastal Commission, July 11, 2000
***
Smith Walsh LCP Amendment (Mello I)
Recommended for Approval by Planning Commission, September 18, 2002
Resolution No. 5274
Approved by City Council, January 14, 2003
Ordinance No. NS-654
Approved by Coastal Commission, June 11, 2003
***
Habitat Management Plan (Mello I, Mello II, Agua Hedionda)
Recommended for Approval by Planning Commission, January 22, 2003
Resolution No. 5361
Approved by City Council, June 17, 2003
Resolution No. 2003-154
Approved by Coastal Commission, August, 8, 2003
***
Agriculture Mitigation Fee Program
Recommended for Approval by Planning Commission, March, 17, 2004
Resolution No. 5585
Approved by City Council, July 13, 2004
Resolution No. 2004-227
Approved by Coastal Commission, January 13, 2005
***
NPDES Stormwater Update
Approved by City Council, May 16, 2006
Resolution No. 2006-130
Approved by Coastal Commission, August 14, 2006
***
Drainage Master Plan Update – LCPA 07-06
Approved by City Council, August 5, 2008
Resolution No. 2008-229
Approved by Coastal Commission, March 10, 2010
May 3, 2023 Item #4 Page 206 of 483
City of Carlsbad, September 8, 2016 Local Coastal Program
***
Village Area Title Amendment – LCPA 10-01
Approved by City Council, July 13, 2010
Resolution No. 2010-188
Approved by Coastal Commission, December 7, 2011
***
North Coast Corridor PWP/TREP Overlay – LCP-6-CAR-14-0815-1
Approved by the Coastal Commission, August 13, 2014
***
Westin Hotel and Timeshare – LCP-6-CAR-16-0015-2 Part A
Approved by City Council, August 23, 2016
Resolution No. 2016-178
Approved by the Coastal Commission, September 8, 2016
May 3, 2023 Item #4 Page 207 of 483
City of Carlsbad, September 8, 2016 Local Coastal Program
TABLE OF CONTENTS
Land Use
Chapter Page
I. Introduction ......................................................................................................................................................... 1
A. The Coastal Act ........................................................................................................................................ 1
B. The Local Coastal Program ...................................................................................................................... 1
C. Public Participation .................................................................................................................................. 3
D. History ...................................................................................................................................................... 3
II. Segment ................................................................................................................................................................ 6
II-1. Mello I Segment ...................................................................................................................................... 6
A. Land Use Policies ........................................................................................................................ 6
1. Standard Pacific ............................................................................................................. 6
2. Occidental Land Inc. ...................................................................................................... 9
3. Rancho La Costa (Hunt Properties) ............................................................................. 12
4. Findings ........................................................................................................................ 24
II-2. Mello II Segment .................................................................................................................................. 33
A. Background ............................................................................................................................... 33
B. Land Use Policies ...................................................................................................................... 33
1. Land Use Plan .............................................................................................................. 33
2. Agriculture ................................................................................................................... 39
3. Environmentally Sensitive Habitat ............................................................................... 48
4. Geologic, Floodplain and Shoreline Hazard Areas ...................................................... 68
5. Public Works and Public Services Capacities .............................................................. 85
6. Recreation and Visitor – Serving Uses ........................................................................ 86
7. Shoreline Access .......................................................................................................... 87
8. Scenic and Visual Resources, Historic Resources ....................................................... 90
II-3. West Batiquitos Lagoon/Sammis Properties Segment ...................................................................... 98
Background ............................................................................................................................... 98
A. Land Use Categories ................................................................................................................. 98
B. Agricultural Lands................................................................................................................... 104
May 3, 2023 Item #4 Page 208 of 483
Land Use Table of Contents
City of Carlsbad, September 8, 2016 Local Coastal Program
C. Grading and Erosion Control .................................................................................................. 105
D. Landscaping ............................................................................................................................ 108
E. Environmentally Sensitive Habitat .......................................................................................... 108
F. Public Access .......................................................................................................................... 109
G. Archeology .............................................................................................................................. 109
H. State Lands Commission Review ............................................................................................ 110
I. Master Plan Approval .............................................................................................................. 110
II-4. East Batiquitos Lagoon/Hunt Properties Segment .......................................................................... 114
A. Background ............................................................................................................................. 114
B. Land Use Policies .................................................................................................................... 114
1. Land Use Categories .................................................................................................. 114
2. Agriculture/Planned Development ............................................................................. 116
3. Environmentally Sensitive Habitat ............................................................................. 116
4. Grading and Erosion Control ..................................................................................... 117
5. Landscaping ............................................................................................................... 122
6. Scenic and Visual Qualities ........................................................................................ 122
7. Public Access ............................................................................................................. 123
8. State Lands Commission Review ............................................................................... 124
II-5. Agua Hedionda Lagoon Segment (NOT USED)
(AGUA HEDIONDA LAGOON SEGMENT NOT USED – AREA DEFERRED CERTIFICATION)
III. Implementation ................................................................................................................................................ 126
IV. Appendix A: North Coast Corridor PWP/TREP Overlay ......................................................................... 127
NOTE: This document includes amended language and suggested modifications for:
LCPA 97-09 (Kelly Ranch)
LCPA 90-08(B) (Smith-Walsh)
LCPA 02-10 (HMP)
LCPA 01-15(A) (NPDES Updates)
May 3, 2023 Item #4 Page 209 of 483
Land Use Table of Contents
City of Carlsbad, September 8, 2016 Local Coastal Program
Exhibit List
Chapter/Exhibit Page
I Introduction
I-1 Exhibit LCP Segment Boundaries ........................................................................................................... 5
II-1 Mello I
II-1 Exhibit 3.3 Map X, Non-Prime Agricultural Land ...................................................................................... 31
II-1 Exhibit 4.2 Soil Classifications .................................................................................................................... 32
II-2 Mello II
II-2 Updated Map X (Not in Use) .............................................................................................................................. 92
II-2 Map Y Urban Land Uses ....................................................................................................................... 93
II-2 Exhibit 4.3 Agricultural Lands..................................................................................................................... 94
II-2 Exhibit 4.5 Lots Bordering Buena Vista Lagoon ......................................................................................... 95
II-2 Exhibit 4.9 Encina Fishing Area .................................................................................................................. 96
II-2 Exhibit 4.10 Access Points ............................................................................................................................ 97
II-3 West Batiquitos Lagoon/Sammis Properties
II-3 Map A Poinsettia Shores Master Plan ................................................................................................. 111
II-3 Map B LCP Amendment Boundary .................................................................................................... 112
II-3 Map C ............................................................................................................................................................... 113
II-4 East Batiquitos Lagoon/Hunt Properties
II-4 Exhibit – Planning Sub-Area Map .................................................................................................................... 125
II-5 Agua Hedionda Lagoon Segment Area
(NOT USED – AREA OF DEFERRED CERTIFICATION)
IV North Coast Corridor PWP/TREP Overlay
IV Map 1 – Carlsbad Overlay ................................................................................................................................. 136
IV Map 2A – Carlsbad Improvements North ......................................................................................................... 137
IV Map 2B – Carlsbad Improvements South ......................................................................................................... 138
IV Map 3 – Carlsbad HMP Map Changes .............................................................................................................. 139
May 3, 2023 Item #4 Page 210 of 483
Land Use – Introduction Chapter I
City of Carlsbad, September 8, 2016 1 Local Coastal Program
I. INTRODUCTION
A. The Coastal Act
The Coastal Act of 1976 permanently established (January 1, 1977) the California Coastal Commission
and replaced Proposition 20, an initiative passed in 1972. The Coastal Commission was initially
established by the Proposition 20 initiative as an interim agency to prepare planning documents within a
four year period. By passing the Coastal Act of 1976 the State Legislature created the mandate for
preparation of Local Coastal Programs (LCP) and established the following goals:
1. Protect, maintain, and where feasible, enhance and restore the overall quality of the Coastal Zone
environment and its natural and man-made resources.
2. Assure orderly, balanced utilization and conservation of Coastal Zone resources taking into
account the social and economic needs of the people of the State.
3. Maximize public access to and along the coast and maximize public recreational opportunities in
the Coastal Zone consistent with sound resource conservation principles and constitutionally
protected rights of private property owners.
4. Assure priority for coastal-dependent development over other development on the coast.
5. Encourage State and local initiatives and cooperation in preparing procedures to implement
coordinated planning and development for mutually beneficial uses, including educational uses, in
the Coastal Zone.
The Act provides Coastal Resource Planning and Management Policies in Chapter 3 which serve
as the basis for Local Coastal Program preparation. The Legislature also pointed out that
conflicts in policy may be found in the Act and made the following clarification:
"The Legislature further finds and recognizes that conflicts may occur
between one or more policies of the division. The Legislature therefore
declares that in carrying out the provisions of this division such conflicts be
resolved in a manner which on balance is the most protective of significant
coastal resources. In this context, the Legislature declares that the broader
policies which, for example, serve to concentrate development in close
proximity to urban and employment centers may be more protective, overall,
than specific wildlife habitat and other similar resource policies."
B. The Local Coastal Program
The Coastal Act requires that its policies and provisions be implemented through preparation of a Local
Coastal Program (LCP). Local Coastal Program is defined as the following:
"... a local government's (a) land use plans, (b) zoning ordinances, (c) zoning
district maps, and (d) within sensitive coastal resources area, other
implementing actions, which when taken together, meet the requirements of,
and implement the provisions and policies of, this division at the local level."
May 3, 2023 Item #4 Page 211 of 483
Land Use – Introduction Chapter I
City of Carlsbad, September 8, 2016 2 Local Coastal Program
Section 30500 of the Act states:
"Each local government lying, in whole or in part, within the coastal zone
shall prepare a local coastal program for that portion of the coastal zone
within its jurisdiction ..."
"The precise content of each local coastal program shall be determined by the
local government, consistent with Section 30501, in full consultation with the
commission and with full public participation."
Chapter 6, Article 2 of the Coastal Act sets forth "Procedure for Preparation, Approval and Certification
of Local Coastal Programs." All LCPs must be prepared, reviewed and certified pursuant to this section.
On certification of the LCP by the Commission, the local government will resume full permit authority in
the Coastal Zone.
The Commission will continue to exercise permit authority in State tidelands. Appeals and LCP
amendments will also be heard by the Commission. Development appeals are limited to the following:
1. Developments approved by the local government between the sea and the first public road
paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide
line of the sea where there is no beach, whichever is the greater distance.
2. Developments approved by the local government not included within paragraph 1. located on
tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, stream, or
within 300 feet of the top of the seaward face of any coastal bluff.
3. Developments approved by the local government not included within paragraph 1. or 2. located in
a sensitive coastal resource area if the allegation on appeal is that the development is not in
conformity with the implementing actions of the certified local coastal program.
4. Any development approved by a coastal community that is not designated as the principle
permitted use under zoning ordinance or zoning district map.
5. Any development which constitutes a major public works project or a major energy facility.
The Commission pursuant to Section 30519.5 of the Act is also required to review periodically
the implementation of the Coastal Act through local government administration of the certified
LCP. The section states review shall take place "from time to time, but at least once every five
years."
May 3, 2023 Item #4 Page 212 of 483
Land Use – Introduction Chapter I
City of Carlsbad, September 8, 2016 3 Local Coastal Program
C. Public Participation
Carlsbad began "coastal planning" in the mid-1970's by undertaking land use studies with the Coastal
Commission for the Agua Hedionda Lagoon. The City and Coastal Commission agreed to conduct a
"pilot project" for coastal planning for the Agua Hedionda Lagoon area in 1976, prior to the adoption of
The Coastal Act of 1976 by the State Legislature. Although the Agua Hedionda pilot project was
complete before the "new" Coastal Act went into effect on January 1, 1977, it was agreed that submittal
of the plan should take place after this date to allow the plan to be processed as the first Local Coastal
Program. During plan preparation, 19 public hearings took place, and an additional nine were conducted
during Coastal Commission processing. Carlsbad began city-wide LCP preparation in May of 1977.
A series of events took place during the effort to complete the Agua Hedionda "segment" and preparation
of the remaining LCP (see History section, Page 3) which led to numerous additional LCP segments
being created. In addition, a consulting firm (PRC Toups) was hired by the Coastal Commission to
prepare LCP documents. During this period numerous public hearing were conducted by the City and
consultant regarding various segments of the Carlsbad LCP. Because much of the LCP preparation was
controversial, there was extensive press coverage, and variety of workshops relating to overall effort, as
well as, segmentation.
In 1985, the Coastal Commission staff report on a major amendment for the Mello I and II segments (see
History section, Page 3) stated the following:
"While the Carlsbad Mello I and II segments are unique in that they were prepared
and approved by the Coastal Commission, they nevertheless involved detailed public
participation at the local level. This participation included four public workshops
held at the Carlsbad City Chambers by the consultant (PRC Toups), and two hearings
by the San Diego Coast Regional Commission.
“Additionally, the State Coastal Commission held two public workshops and
hearings on each LCP segment. These workshops and hearings occurred over a two
year period from 1980 to 1981.”
D. History
The City of Carlsbad Local Coastal Program consists of five geographic segments: the Agua Hedionda
Lagoon LCP segment comprised of (all acreage figures are approximate) 1,100 acres; the Carlsbad Mello
I segment with 2,000 acres; the Carlsbad Mello II segment with 5,300 acres; the West Batiquitos
Lagoon/Sammis Properties segment with 200 acres; the East Batiquitos Lagoon/Hunt Properties segment
with 1,000 acres. However, since the City assumed permit authority for the Village Area Redevelopment
segment in December of 1988 it will not be included in this document. See Exhibit I-1, on page 5, for
segment locations.
Pursuant to the Public Resources Code Sections 30170 and 30171, the Coastal Commission was required
to prepare and approve an LCP for identified portions of the City. This resulted in the two LCP segments
known as the Mello I and Mello II segments (State legislator Henry Mello sponsored the legislation
which created sections 30170 and 30171). The Mello I and II LCPs were approved by the Coastal
Commission in September 1980 and June 1981, respectively. The Agua Hedionda land use plan was
prepared by the City and approved by the Coastal Commission on July 1, 1982.
May 3, 2023 Item #4 Page 213 of 483
Land Use – Introduction Chapter I
City of Carlsbad, September 8, 2016 4 Local Coastal Program
Preparation of the Mello I, Mello II and Agua Hedionda segments resulted in a number of issues and
conflicts between the City and Commission over the years. These segments cover a good portion of the
city's coastal zone and contain substantial amounts of undeveloped property. Among those issues which
surfaced in the preparation of the LCPs were preservation of agricultural lands, protection of steep
sloping hillsides and erosion control. The City found the policies of the certified Mello I and II segments
regarding preservation of agriculture and steep sloping hillsides to be unacceptable. Following the
certification of Mello I and II, the City pursued negotiations with the Commission through a City
Council-formed special committee comprised of Commission staff and City officials to resolve issues. In
September of 1984 the Governor signed Assembly Bill 3744 (effective January 1, 1985) which eliminated
provisions for an “agricultural subsidy program” in Carlsbad's coastal zone.
In the summer of 1985, the City submitted two amendment requests to the Commission and, in October
1985, the Commission certified amendments 1-85 and 2-85 to the Mello I and II segments. These major
amendments to the LCP involved changes to the agricultural preservation, steep slope and housing
protection policies of the Mello I and II segments. After certification of these amendments, the City
adopted the Mello I and II LCP segments and began the process of preparing documents for "effective"
certification of the entire LCP.
The West Batiquitos Lagoon/Sammis Properties segment was certified in 1985 along with a coastal
development permit for a project comprising the majority of the uplands within that segment. The master
plan (Batiquitos Lagoon Educational Park) associated with this project served as the LCP implementing
ordinances.
The plan area of the Village Area segment (previously titled “Village Area Redevelopment” segment)
was formerly part of the Mello II segment. In August 1984, the Commission approved the segmentation
of this 100 acre area from the remainder of the Mello II LCP segment and, at the same time, approved the
submitted land use plan for the area. In March of 1988, the Commission approved the Implementation
Program for the Village Area Redevelopment segment. The City assumed permit authority for this
segment on December 14, 1988. In November 2009, the title of this segment was changed to the “Village
Area” segment due to the imminent (July 2010) expiration of the Village Redevelopment Plan; however,
the boundaries and policies affecting this segment are unchanged.
The East Batiquitos Lagoon/Hunt Properties segment is comprised of a portion of the original Mello I
area and an area annexed (1985) to Carlsbad in and around Batiquitos Lagoon. An area of the segment
known as Green Valley, south of the lagoon, the lagoon and the immediate north shore were previously
part of the County of San Diego LCP (uncertified). All of this property, at the time of LCP preparation,
was in one ownership (Hunt) and was the subject of the Pacific Rim master plan covering the lagoon and
north shore uplands. The segment was certified by the Commission (land use and master plan as
implementing ordinances) in March of 1988.
May 3, 2023 Item #4 Page 214 of 483
Land Use – Introduction Chapter I
City of Carlsbad, September 8, 2016 5 Local Coastal Program
Exhibit – LCP Segment Boundaries
May 3, 2023 Item #4 Page 215 of 483
Land Use – Mello I Chapter II-1
City of Carlsbad, September 8, 2016 6 Local Coastal Program
II. SEGMENT
II-1. Mello I Segment
A. Land Use Policies
(AB 462) (Now PRC 30170)
Certified 9/80 Amended 10/85
1. STANDARD PACIFIC
Policy 1 – Maximum Density of Development
The Standard Pacific property shall be designated for a medium density residential development with a
maximum density of 7 dwelling units per gross acre. The property shall be developed using the City's
RD-M (Residential-Multiple Zone) or PC (Planned Community) in effect at the date of certification. An
overlay zone shall be established incorporating the Coastal Act requirements. All permitted uses in the
underlying zone shall be conditional uses in the overlay zone. Divisions of land and other developments
as defined in the Coastal Act shall be in accord with the requirements of the Policies contained herein.
Poinsettia Lane shall be extended only as generally shown on the PRC Toups land use map to the eastern
boundary of the site. The location of Poinsettia Lane is in no way determined by this Local Coastal
Program (LCP), however, this LCP is not intended to preclude access to agricultural areas to the east.
Development of the property may occur only under the provisions of the Pacific Rim Country Club and
Resort Master Plan, and shall be subject to the requirement of Policy 2 “Agriculture/Planned
Development.”
Policy 2 – Buffers
A sturdy fence capable of attenuating noise and dust impacts, generally to be a concrete block wall a
minimum of 6 feet in height, shall be provided between residential development and agricultural areas to
the north and east. As a partial alternative, utilization of natural topographic separations such as trees,
Chaparral, and existing slopes is encouraged, to the extent that such separations can be incorporated into
site planning and would accomplish adequate attenuation to noise and dust. Permanent maintenance of
this area and any structures, through a homeowners association or other acceptable means, shall be
provided as a condition of development.
Policy 3 – Drainage, Erosion Control
a. All development must include mitigation measures for the control of urban runoff flow rates and
velocities, urban pollutants, erosion and sedimentation in accordance with the requirements of the
City’s Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan
(SUSMP), City of Carlsbad Drainage Master Plan, and the additional requirements contained
herein. The SUSMP, dated April 2003 and as amended, and the City of Carlsbad Drainage
Master Plan are hereby incorporated into the LCP by reference. Development must also comply
with the requirements of the Jurisdiction Urban Runoff Management Program (JURMP) and the
San Diego County Hydrology Manual to the extent that these requirements are not inconsistent
May 3, 2023 Item #4 Page 216 of 483
Land Use – Mello I Chapter II-1
City of Carlsbad, September 8, 2016 7 Local Coastal Program
with any policies of the LCP. Such mitigation shall become an element of the project and shall
be installed prior to the initial grading. At a minimum, such mitigation shall require construction
of all improvements shown in the City of Carlsbad Drainage Master Plan between the project site
and the lagoon (including the debris basin), revegetation of all graded areas immediately after
grading, and mechanism for permanent maintenance if the City declines to accept the
responsibility. Construction of drainage improvements may be through formation of an
assessment district or through any similar arrangement that allots costs among the various
landowners in an equitable manner.
b. Prior to making land use decisions, the City shall utilize methods available to estimate increases
in pollutant loads and flows resulting from proposed future development. The City shall require
developments to incorporate structural and non-structural best management practices (BMPs) to
mitigate the projected increases to pollutant loads and minimize any increases in peak runoff rate.
c. Water pollution prevention methods shall be implemented to the maximum extent practicable,
and supplemented by pollutant source controls and treatment. Small collection strategies located
at, or as close as possible to, the source (i.e., the point where water initially meets the ground) to
minimize the transport of urban runoff and pollutants offsite and into a municipal separate storm
sewer system (MS4) shall be utilized.
d. Post-development runoff from a site shall not contain pollutant loads which cause or contribute to
an exceedance of receiving water quality objectives or which have not been reduced to the
maximum extent practicable.
e. Development projects should be designed to comply with the following site design principles:
1) Protect slopes and channels to decrease the potential for slopes and/or channels from
eroding and impacting storm water runoff.
2) To the extent practicable, cluster development on the least environmentally sensitive
portions of a site while leaving the remaining land in a natural undisturbed condition.
3) Preserve, and where possible, create or restore areas that provide important water quality
benefits, such as riparian corridors, wetlands and buffer zones. Land acquisition of such
areas shall be encouraged.
4) Provide development-free buffer zones for natural water bodies.
5) Minimize the amount of impervious surfaces and directly connected impervious surfaces
in areas of new development and redevelopment.
6) Where feasible implement site design/landscape features to slow runoff and maximize on-
site infiltration of runoff.
7) Properly design outdoor material storage areas (including the use of roof or awning
covers) to minimize the opportunity for toxic compounds, oil and grease, heavy metals,
nutrients, suspended solids and other pollutants from entering the storm water conveyance
system.
8) Incorporate roof or awning covers over trash storage areas to prevent off-site transport of
trash and other pollutants from entering the storm water conveyance system.
9) Limit disturbances of natural water bodies and natural drainage systems caused by
development including roads, highways and bridges.
10) Design streets and circulation systems to reduce pollutants associated with vehicles and
traffic resulting from development.
May 3, 2023 Item #4 Page 217 of 483
Land Use – Mello I Chapter II-1
City of Carlsbad, September 8, 2016 8 Local Coastal Program
f. Priority projects identified in the SUSMP will incorporate structural BMPs and submit a Water
Quality Technical Report as specified in the NPDES permit and in the SUSMP.
g. Structural BMPs used to meet SUSMP requirements for priority projects shall be based on the
California Stormwater Quality Association (CASQA) Stormwater Best Management Practice
(BMP) Handbook, dated January 2003 or the current version of the publication, and designed to
meet, infiltrate, filter or treat the runoff produced from each storm event up to and including the
85th percentile 24-hour storm event.
h. Priority projects will include projects increasing impervious area by more than 2,500 square feet
or by more than 10% of existing impervious area, that are in, adjacent to or drain directly to
Environmentally Sensitive Areas (ESA), identified in the City of Carlsbad Standard Urban Storm
Water Mitigation Plan (SUSMP) dated April 2003, using the definitions of “adjacent to” and
“draining directly to” that are found in the SUSMP.
i. The City shall include requirements in all coastal development permit approvals to inspect and
maintain required BMPs for the life of the project.
j. The City will encourage and support public outreach and education regarding the potential water
quality impacts of development.
k. Development shall minimize land disturbance activities during construction (e.g., clearing,
grading and cut-and-fill), especially in erosive areas (including steep slopes, unstable areas and
erosive soils), to minimize impacts on water quality of excessive erosion and sedimentation.
Development shall incorporate soil stabilization BMPs on disturbed areas as soon as feasible.
l. Projects within 200 feet of the Pacific Ocean shall be dealt with as “Project Discharging to
Receiving Water within Environmentally Sensitive Areas” as defined in Appendix I of the
SUSMP, including being treated as a priority project if they create more than 2,500 square feet of
impermeable surface or increase the impermeable surface on the property by more than 10%.
m. Although residential developments of less than 10 units, including single family residences, are
generally exempt from the SUSMP priority project requirements, they shall meet those
requirements, including achievement of the numerical sizing standard, if they are in, within 200
feet of, or discharging directly to an ESA, including the Pacific Ocean; or shall provide a written
report signed by a licensed civil engineer showing that as the project is designed they are
mitigating polluted runoff, including dry weather nuisance flows, to the maximum extent
practicable.
n. Detached residential homes shall be required to use efficient irrigation systems and landscape
designs or other methods to minimize or eliminate dry weather flow, if they are within 200 feet of
an ESA, coastal bluffs or rocky intertidal areas.
o. The following minor revisions may occur to the Carlsbad SUSMP Storm Water Standards dated
April 2003 without an LCP amendment:
1) Addition of new Best Management Practices (BMPs) found to be more protective of
water quality than current BMPs or removal of BMPs found to be ineffective. (This does
not include removal of BMPs or categories of BMPs on the basis that the City finds them
to be infeasible or impracticable).
May 3, 2023 Item #4 Page 218 of 483
Land Use – Mello I Chapter II-1
City of Carlsbad, September 8, 2016 9 Local Coastal Program
2) Addition of new development categories as Priority Projects.
3) Addition of new coastal waters to the map of Environmentally Sensitive Areas.
4) Reductions in the area of impervious surfaces used to designate a specific category of
Priority Project.
p. Any minor changes made pursuant to the above list shall be accompanied by a finding that the
changes will improve and better protect coastal water quality. The City Engineer or Planning
Director shall notify the Executive Director in writing of any of the above listed changes. For any
changes not included in the above list, the City shall contact the Executive Director to determine
whether an LCP amendment is necessary, and if necessary, shall subsequently apply for an LCP
amendment for the changes.
Policy 4 – Parking
Parking shall be in conformance with the requirements of the City of Carlsbad Zoning Ordinance.
Policy 5 – Environmental Impact Report
Biological and cultural resources on the site shall be identified, and any adverse impacts associated with
development mitigated, through a site specific environmental impact report (EIR). Proposed mitigation
shall be incorporated in the project design.
2. OCCIDENTAL LAND, INC.
Policy 1 – Land Uses
The “Occidental Land, Inc.” landowners elected to pay an agriculture conversion fee as required by the
Agricultural Subsidy Program established by the Mello II LCP Segment (AB 1971) adopted and certified
by the Coastal Commission on June 3, 1981. With the election to pay the agriculture conversion fee, the
Agricultural Subsidy Program allowed the “Occidental Land, Inc.” properties to be developed in
accordance with the land uses described below.
Pursuant to State Legislation in 1984, the Agricultural Subsidy Program was replaced with the
Agriculture Conversion Mitigation Fee (Public Resource Code Section 30171.2 and 30171.5) (Mello II
Segment Policy 2-1 Option 3).
As per Public Resource Code Section 30171.2, the land use policies established in 1981 by the adoption
of the Mello II Segment remained “operative” even though the Agricultural Subsidy Program was
replaced.
The Occidental Land parcels are hereby designated as follows:
(1) The area located east of Interstate 5 and north of Poinsettia Lane shall be designated for
residential use at a maximum density of 8 dwelling units per acre.
(2) The area located east of Interstate 5 and south of Poinsettia Lane shall be designated for
residential use at a maximum density of 8 dwelling units per acre.
May 3, 2023 Item #4 Page 219 of 483
Land Use – Mello I Chapter II-1
City of Carlsbad, September 8, 2016 10 Local Coastal Program
(3) The area located west of Interstate 5 and south of Poinsettia Lane shall be designated for visitor-
serving or neighborhood commercial development according to Chapter 21.26 of the Carlsbad
Zoning Ordinance.
(4) The area located west of Interstate 5 and north of Poinsettia Lane shall be designated for visitor-
serving or neighborhood commercial development according to Chapter 21.26 of the Carlsbad
Zoning Ordinance, provided that a minimum of 35% is developed as visitor serving uses.
Policy 2 – Drainage, Erosion Control
a. All development must include mitigation measures for the control of urban runoff flow rates and
velocities, urban pollutants, erosion and sedimentation in accordance with the requirements of the
City’s Grading Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), City of
Carlsbad Drainage Master Plan, and the additional requirements contained herein. The SUSMP,
dated April 2003 and as amended, and the City of Carlsbad Drainage Master Plan are hereby
incorporated into the LCP by reference. Development must also comply with the requirements
of the Jurisdictional Urban Runoff Management Program (JURMP) and the San Diego County
Hydrology Manual to the extent that these requirements are not inconsistent with any policies of
the LCP. Such mitigation shall become an element of the project and shall be installed prior to
initial grading. Mitigation shall also require construction of all improvements shown in the City
of Carlsbad Drainage Master Plan and amendments thereto between the project site and the
lagoon (including the debris basin), revegetation of all graded areas immediately after grading,
and a mechanism for permanent maintenance if the City declines to accept responsibility. The
offsite drainage improvements shall be reimbursable to Occidental by use of assessment districts,
development agreements or other appropriate means acceptable to the City.
b. Prior to making land use decisions, the City shall utilize methods available to estimate increases
to pollutant loads and flows resulting from proposed future development. The City shall require
developments to incorporate structural and non-structural best management practices (BMPs) to
mitigate the projected increases in pollutant loads and minimize any increases to peak runoff rate.
c. Water pollution prevention methods shall be implemented to the maximum extent practicable,
and supplemented by pollutant source controls and treatment. Small collection strategies located
at, or as close as possible to, the source (i.e., the point where water initially meets the ground) to
minimize the transport of urban runoff and pollutants offsite and into a municipal separate storm
water system (MS4) shall be utilized.
d. Post-development runoff from a site shall not contain pollutant loads which cause or contribute to
an exceedance of receiving water quality objectives or which have not been reduced to the
maximum extent practicable.
e. Development projects should be designed to comply with the following site design principles:
1) Protect slopes and channels to decrease the potential for slopes and/or channels from
eroding and impacting storm water runoff.
2) To the extent practicable, cluster development on the least environmentally sensitive
portions of a site while leaving the remaining land in a natural undisturbed condition.
May 3, 2023 Item #4 Page 220 of 483
Land Use – Mello I Chapter II-1
City of Carlsbad, September 8, 2016 11 Local Coastal Program
3) Preserve, and where possible, create or restore areas that provide important water quality
benefits, such as riparian corridors, wetlands and buffer zones. Land acquisition of such
areas shall be encouraged.
4) Provide development-free buffer zones for natural water bodies.
5) Minimize the amount of impervious surfaces and directly connected impervious surfaces
in areas of new development and redevelopment.
6) Where feasible implement site design/landscape features to slow runoff and maximize
on-site infiltration of runoff.
7) Properly design outdoor material storage areas (including the use of roof or awning
covers) to minimize the opportunity for toxic compounds, oil and grease, heavy metals,
nutrients, suspended solids and other pollutants from entering the storm water
conveyance system.
8) Incorporate roof or awning covers over trash storage to prevent off-site transport of trash
and other pollutants from entering the storm water conveyance system.
9) Limit disturbances of natural water bodies and natural drainage systems caused by
development including roads, highways and bridges.
10) Design streets and circulation systems to reduce pollutants associated with vehicles and
traffic resulting from development.
f. Priority projects identified in the SUSMP will incorporate structural BMPs and submit a Water
Quality Technical Report as specified in the NPDES permit and in the SUSMP.
g. Structural BMPs used to meet SUSMP requirements for priority projects shall be based on the
California Stormwater Quality Association (CASQA) Stormwater Best Management Practice
(BMP) Handbook, dated January 2003 or the current version of that publication, and designed to
meet, infiltrate, filter or treat the runoff produced from each storm event up to and including the
85th percentile 24-hour storm event.
h. Priority projects will include projects increasing impervious area by more than 2,500 square feet
or by more than 10% of existing impervious area, that are in, adjacent to or drain directly to
“Environmentally Sensitive Areas” (ESA) identified in the City of Carlsbad Standard Urban
Storm Water Mitigation Plan (SUSMP) dated April 2003, using the definitions of “adjacent to”
and “draining directly to” that are found in the SUSMP.
i. The City shall include requirements in all coastal development permit approvals to inspect and
maintain required BMPs for the life of the project.
j. The City will encourage and support public outreach and education regarding the potential water
quality impacts of development.
k. Development shall minimize land disturbance activities during construction (e.g., clearing,
grading and cut-and-fill), especially in erosive areas (including steep slopes, unstable areas and
erosive soils), to minimize impacts on water quality of excessive erosion and sedimentation.
Development shall incorporate soil stabilization BMPs on disturbed areas as soon as feasible.
l. Projects within 200 feet of the Pacific Ocean shall be dealt with as “Projects Discharging to
Receiving Waters within Environmentally Sensitive Areas” as defined in Appendix I of the
SUSMP, including being treated as a priority project if they create more than 2,500 square feet of
impermeable surface or increase the impermeable surface on the property by more than 10%.
May 3, 2023 Item #4 Page 221 of 483
Land Use – Mello I Chapter II-1
City of Carlsbad, September 8, 2016 12 Local Coastal Program
m. Although residential developments of less than 10 units, including single family residences, are
generally exempt from the SUSMP priority project requirements, they shall meet those
requirements, including achievement of the numerical sizing standard, if they are in, within 200
feet of, or discharging directly to an ESA, including the Pacific Ocean; or shall provide a written
report signed by a licensed civil engineer showing that as the project is designed they are
mitigating polluted runoff, including dry weather nuisance flows, to the maximum extent
practicable.
n. Detached residential homes shall be required to use efficient irrigation systems and landscape
designs or other methods to minimize or eliminate dry weather flow, if they are within 200 feet
of an ESA, coastal bluffs or rocky intertidal areas.
o. The following minor revisions may occur to the Carlsbad SUSMP Storm Water Standards dated
April 2003 without an LCP amendment:
1) Addition of new Best Management Practices (BMPs) found to be more protective of
water quality than current BMPs or removal of BMPs found to be ineffective. (This does
not include removal of BMPs or categories of BMPs on the basis that the City finds them
to be infeasible or impractical).
2) Addition of new development categories as Priority Projects.
3) Addition of new coastal waters to the map of Environmentally Sensitive Areas.
4) Reductions in the area of impervious surfaces used to designate a specific category of
Priority Project.
p. Any minor changes made pursuant to the above list shall be accompanied by a finding that the
changes will improve and better protect coastal water quality. The City Engineer or Planning
Director shall notify the Executive Director in writing of any of the above listed changes. For
any changes not included in the above list, the City shall contact the Executive Director to
determine whether an LCP amendment is necessary, and if necessary, shall subsequently apply
for an LCP amendment for the changes.
Policy 3 – Parking
In the event of commercial and/or residential development pursuant to a coastal development permit;
parking shall be in conformance with the requirements of the City of Carlsbad Zoning Ordinance.
Policy 4 – Environmental Impact Report
In the event of commercial and/or residential development pursuant of a coastal development permit,
biological and cultural resources on the site shall be identified, and any adverse impacts associated with
development mitigated, through a site specific environmental impact report (EIR). Proposed mitigation
shall be incorporated in the project design.
3. RANCHO LA COSTA (HUNT PROPERTY)
Policy 1 – Not Used
May 3, 2023 Item #4 Page 222 of 483
Land Use – Mello I Chapter II-1
City of Carlsbad, September 8, 2016 13 Local Coastal Program
Policy 2 – Not Used
(1) Development of the property may occur only under the provisions of Master Plan, and shall be
subject to the requirements of Policy 2 “Agriculture/Planned Development.”
(2) The land uses allowed by the Master Plan shall be compatible with the City of Carlsbad General
Plan as amended1 to provide a combination of residential, commercial (including visitor serving)
and open space uses.
(3) Residential density permitted through the Master Plan shall not exceed that allowed by the City
of Carlsbad General Plan2.
(4) All land uses and intensity of use shall be compatible with the protection of sensitive coastal
resources.
(5) Land use intensity shall be consistent with that allowed by the Carlsbad Growth Management
Ordinance (Chapter 21.90, Carlsbad Municipal Code)3.
The property shall be developed using the existing planned community zone with the additional
requirements contained in the policies herein. All developments as defined by the Coastal Act
require a coastal development permit and master plan that is consistent with the Carlsbad General
Plan. Conversion of any portion of these non-prime agricultural lands as shown on the PRC
Toups maps (See Exhibit 3.3) to urban uses pursuant to the master plan shall be allowed if the
following findings are made:
(1a) Conversion would preserve prime agricultural land or concentrate development
consistent with Section 30250 of the Public Resources Code; or
(1b) Continued or renewed agriculture is no longer feasible; or
(1c) Payment of an agricultural conversion mitigation fee in an amount not less than $5,000
and not more than $10,000 per net converted acre has been made; and
(2) Conversion would be compatible with continued agricultural use on surrounding lands;
(3) The master plan provides overriding benefits to the resources of Batiquitos Lagoon;
(4) The master plan provides significant protection and enhancement of environmentally
sensitive habitats above and beyond the existing land use control's current requirements.
The amount of agricultural conversion mitigation fee shall be determined by the City Council at
the time it considers a development permit for conversion of the property to urban uses and shall
reflect the per acre cost of preserving prime agricultural land pursuant to paragraph 1a. The fee
shall be deposited in the State Coastal Conservancy Fund and shall be expended in the following
order of priority:
1and adopted as of March 1, 1988.
2adopted as of March 1, 1988.
3as adopted as of March 1, 1988, except that any increase in the total number of dwelling units proposed in
the Master Plan (2836) shall require review and approval of the Coastal Commission through the LCP
amendment process.
May 3, 2023 Item #4 Page 223 of 483
Land Use – Mello I Chapter II-1
City of Carlsbad, September 8, 2016 14 Local Coastal Program
(1) Restoration of natural resources and wildlife habitat in Batiquitos Lagoon, including but
not limited to payment for operation and maintenance of a Lagoon enhancement
program.
(2) Development of an interpretive center at Buena Vista Lagoon.
(3) Restoration of beaches managed for public use in the City of Carlsbad.
(4) Purchase of agricultural lands for continued agricultural production within the Carlsbad
Coastal Zone as determined by the Carlsbad City Council.
(5) Agricultural improvements which will aid in the continuation of remaining agricultural
production within the Carlsbad Coastal Zone as determined by the Carlsbad City Council.
Policy 3 – Drainage and Erosion Control
Under the P-C Zone requirements and the development intensities established in Policy 1 – Maximum
Density of Development, the development shall conform to the following additional development
standards:
Any development proposal that affects steep slopes (25% inclination or greater) shall be required to
prepare a slope map and analysis for the affected slopes. Steep slopes are identified on the PRC Toups
maps. The slope mapping and analysis shall be prepared during the CEQA environmental review on a
project-by-project basis and shall be required as a condition of a coastal development permit.
(1) For those slopes mapped as possessing endangered plant/animal species and/or Coastal Sage
Scrub and Chaparral plant communities, the following policy language would apply:
(a) Slopes of 25% grade and over shall be preserved in their natural state, unless the
application of this policy would preclude any reasonable use of the property, in which
case an encroachment not to exceed 10% of the steep slope area over 25% grade may be
permitted. For existing legal parcels, with all or nearly all of their area in slope area over
25% grade, encroachment may be permitted; however, any such encroachment shall be
limited so that at no time is more than 20% of the entire parcel (including areas under
25% slope) permitted to be disturbed from its natural state. This policy shall not apply to
the construction of roads or the City's Circulation Element or the development of utility
systems. Uses of slopes over 25% may be made in order to provide access to flatter areas
if there is no less environmentally damaging alternative available.
(b) No further subdivisions of land or utilization of Planned Unit Developments shall occur
on lots that have their total area in excess of 25% slope unless a Planned Unit
Development is proposed which limits grading and development to not more than 10% of
the total site area.
(c) Slopes and areas remaining undisturbed as a result of the hillside review process, shall be
placed in a permanent open space easement as a condition of development approval. The
purpose of the open space easement shall be to reduce the potential for localized erosion
and slide hazards, to prohibit the removal of native vegetation except for creating
May 3, 2023 Item #4 Page 224 of 483
Land Use – Mello I Chapter II-1
City of Carlsbad, September 8, 2016 15 Local Coastal Program
firebreaks and/or planting fire retardant vegetation and to protect visual resources of
importance to the entire community.
(2) For all other steep slope areas, the City Council may allow exceptions to the above grading
provisions provided the following mandatory findings to allow exceptions are made:
(a) A soils investigation conducted by a licensed soils engineer has determined the subject
slope area to be stable and grading and development impacts mitigatable for at least 75
years, or life of structure.
(b) Grading of the slope is essential to the development intent and design.
(c) Slope disturbance will not result in substantial damage or alteration to major wildlife
habitat or native vegetation areas.
(d) If the area proposed to be disturbed is predominated by steep slopes and is in excess of 10
acres, no more than one third of the total steep slope area shall be subject to major grade
changes.
(e) If the area proposed to be disturbed is predominated by steep slopes and is less than 10
acres, complete grading may be allowed only if no interruption of significant wildlife
corridors occurs.
(f) Because north-facing slopes are generally more prone to stability problems and many
cases contain more extensive natural vegetation, no grading or removal of vegetation
from these areas will be permitted unless all environmental impacts have been mitigated.
Overriding circumstances are not considered adequate mitigation.
(3) Drainage and runoff shall be controlled so as not to exceed at any time the rate associated with
property in its present state, and appropriate measures shall be taken on and/or offsite to prevent
siltation of lagoons and other environmentally sensitive areas.
(4) The appropriate measures shall be installed prior to onsite grading.
(5) All undevelopable slopes shall be placed in open space easements as a condition of
development approval.
(6) (a) All development must include mitigation measures for the control of urban runoff flow
rates and velocities, urban pollutants, erosion and sedimentation in accordance with the
requirements of the City’s Grading Ordinance, Storm Water Ordinance, Standard Urban
Storm Water Mitigation Plan (SUSMP), City of Carlsbad Drainage Master Plan, with the
additions and changes adopted herein, such that a natural drainage system is generally
preserved for the eastern undeveloped watersheds, but that storm drains are allowed for
those western portions of the watershed which have already been incrementally
developed. The SUSMP, dated April 2003 and as amended, the City of Carlsbad
Drainage Master Plan are hereby incorporated into the LCP by reference. Development
must also comply with the requirements of the Jurisdictional Urban Runoff Management
Program (JURMP) and the San Diego County Hydrology Manual to the extent that these
requirements are not inconsistent with any policies of the LCP.
May 3, 2023 Item #4 Page 225 of 483
Land Use – Mello I Chapter II-1
City of Carlsbad, September 8, 2016 16 Local Coastal Program
(b) Prior to making land use decisions, the City shall utilize methods available to estimate
increase in pollutant loads and flows resulting from proposed future development. The
City shall require developments to incorporate structural and non-structural best
management practices (BMPs) to mitigate the projected increases in pollutant loads and
minimize any increases in peak runoff rate.
(c) Water pollution prevention methods shall be implemented to the maximum extent
practicable, and supplemented by pollutant source controls and treatment. Small
collection strategies located at, or as close as possible to, the source (i.e., the point where
water initially meets the ground) to minimize the transport of urban runoff and pollutants
offsite and into a municipal separate storm sewer system (MS4) shall be utilized.
(d) Post-development runoff from a site shall not contain pollutant loads which cause or
contribute to an exceedance of receiving water quality objectives or which have not been
reduced to the maximum extent practicable.
(e) Development projects should be designed to comply with the following site design
principles:
1) Protect slopes and channels to decrease the potential for slopes and/or channels
from eroding and impacting storm water runoff.
2) To the extent practicable, cluster development on the least environmentally
sensitive portions of a site while leaving the remaining land in a natural
undisturbed condition.
3) Preserve, and where possible, create or restore areas that provide important water
quality benefits, such as riparian corridors, wetlands and buffer zones. Land
acquisition of such areas shall be encouraged.
4) Provide development-free buffer zones for natural water bodies.
5) Minimize the amount of impervious surfaces and directly connected impervious
surfaces in areas of new development and redevelopment.
6) Where feasible implement site design/landscape features to slow runoff and
maximize on-site infiltration of runoff.
7) Properly design outdoor material storage areas (including the use of roof or
awning covers) to minimize the opportunity for toxic compounds, oil and grease,
heavy metals, nutrients, suspended solids and other pollutants from entering the
storm water conveyance system.
8) Incorporate roof or awning covers over trash storage areas to prevent off-site
transport of trash and other pollutants from entering the storm water conveyance
system.
9) Limit disturbances of natural water bodies and natural drainage systems caused
by development including roads, highways and bridges.
10) Design streets and circulation systems to reduce pollutants associated with
vehicles and traffic resulting from development.
(f) Priority projects identified in the SUSMP will incorporate structural BMPs and submit a
Water Quality Technical Report as specified in the NPDES permit and in the SUSMP.
May 3, 2023 Item #4 Page 226 of 483
Land Use – Mello I Chapter II-1
City of Carlsbad, September 8, 2016 17 Local Coastal Program
(g) Structural BMPs used to meet SUSMP requirements for priority projects shall be based
on the California Stormwater Quality Association (CASWA) Stormwater Best
Management Practice (BMP) Handbook, dated January 2003 or the current version of
that publication, and designed to meet, infiltrate, filter or treat the runoff produced
from each storm event up to and including the 85th percentile 24-hour storm event.
(h) Priority projects will include projects increasing impervious area by more than 2,500
square feet or by more than 10% of existing impervious area, that are in, adjacent to or
drain directly to Environmentally Sensitive Areas (ESA), identified in the City of
Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP) dated April 2003, using
the definitions of “adjacent to” and “draining directly to” that are found in the SUSMP.
(i) The City shall include requirements in all coastal development permit approvals to
inspect and maintain required BMPs for the life of the project.
(j) The City will encourage and support public outreach and education regarding the
potential water quality impacts of development.
(k) Development shall minimize land disturbance activities during construction (e.g.,
clearing, grading and cut-and-fill), especially in erosive areas (including steep slopes,
unstable areas and erosive soils), to minimize impacts on water quality of excessive
erosion and sedimentation. Development shall incorporate soil stabilization BMPs on
disturbed areas as soon as feasible.
(l) Projects within 200 feet of the Pacific Ocean shall be dealt with as “Projects Discharging
to Receiving Waters within Environmentally Sensitive Areas” as defined in Appendix I
of the SUSMP, including being treated as a priority project if they create more than 2,500
square feet of impermeable surface or increase the impermeable surface on the property
by more than 10%.
(m) Although residential developments of less than 10 units, including single family
residences, are generally exempt from the SUSMP priority project requirements, they
shall meet those requirements, including achievement of the numerical sizing standard, if
they are in, within 200 feet of, or discharging directly to an ESA including the Pacific
Ocean; or shall provide a written report signed by a licensed civil engineer showing that
as the project is designed they are mitigating, polluted runoff, including dry weather
nuisance flows, to the maximum extent practicable.
(n) Detached residential homes shall be required to use efficient irrigation systems and
landscape designs or other methods to minimize or eliminate dry weather flow, if they are
within 200 feet of an ESA, coastal bluff or rocky intertidal areas.
(o) The following minor revisions may occur to the Carlsbad SUSMP Storm Water
Standards dated April 2003 without an LCP amendment:
1) Addition of new Best Management Practices (BMPs) found to be more protective
of water quality than current BMPs or removal of BMPs found to be ineffective.
(This does not include removal of BMPs or categories of BMPs on the basis that
the City finds them to be infeasible of impractical).
May 3, 2023 Item #4 Page 227 of 483
Land Use – Mello I Chapter II-1
City of Carlsbad, September 8, 2016 18 Local Coastal Program
2) Addition of new development categories as Priority Projects.
3) Addition of new coastal waters to the map of Environmentally Sensitive Areas.
4) Reduction in the area of impervious surfaces used to designate a specific category
of Priority Project.
(p) Any minor changes made pursuant to the above list shall be accompanied by a finding
that the changes will improve and better protect coastal water quality. The City Engineer
or Planning Director shall notify the Executive Director in writing of any of the above
listed changes. For any changes not included in the above list, the City shall contact the
Executive Director to determine whether an LCP amendment is necessary, and if
necessary, shall subsequently apply for an LCP amendment for the changes.
(7) Mitigation measures tailored to project impacts and consistent with the control of cumulative
development shall be implemented prior to development in accordance with the following
additional criteria:
(a) Submittal of a runoff control plan designed by a licensed engineer qualified in hydrology
and hydraulics, which would assure no increase in peak runoff rate from the developed
site over the greatest discharge expected from the existing undeveloped site as a result of
a 10-year frequency storm. Runoff control shall be accomplished by a variety of
measures, including, but not limited to, onsite catchment basins, detention basins,
siltation traps and energy dissipators and shall not be concentrated in one area or a few
locations.
(b) Detailed maintenance arrangements and various alternatives for providing the ongoing
repair and maintenance of any approved drainage and erosion control facilities.
(c) All permanent runoff and erosion control devices shall be developed and installed prior to
or concurrent with any onsite grading activities.
(d) All areas disturbed by grading, but not completed during the construction period,
including graded pads, shall be planted and stabilized prior to October 1st with temporary
or permanent (in the case of finished slopes) erosion control measures and native
vegetation. The use of temporary erosion control measures, such as berms, interceptor
ditches, sandbagging, filtered inlets, debris basins and silt traps, shall be utilized in
conjunction with plantings to minimize soil loss from the construction site. Said
planting shall be accomplished under the supervision of a licensed landscaped architect
and shall consist of seeding, mulching, fertilization and irrigation adequate to provide 90
percent coverage within 90 days. Planting shall be repeated, if the required level of
coverage is not established. This requirement shall apply to all disturbed soils, including
stockpiles.
Policy 4 – Buffer/Open Space
A sturdy fence, generally a minimum of a 6 ft. concrete block wall, shall be provided between residential
development and agricultural areas. Natural topographic separations such as trees, Chaparral, and slopes
shall be included if those features would be protected by the provisions of Policies 1 through 3.
Permanent maintenance through a homeowners association or other acceptable means shall be provided
May 3, 2023 Item #4 Page 228 of 483
Land Use – Mello I Chapter II-1
City of Carlsbad, September 8, 2016 19 Local Coastal Program
as a condition of development. Roads shall be designed as much as possible to function as buffers
between agriculture and residences. The P-C zone requirement of open space can be used in conjunction
with this requirement.
Policy 5 – Parking/Siting
Due to severe site constraints, innovative siting and design criteria (including shared use of driveways,
clustering, tandem parking, pole construction) shall be incorporated in the master plan to minimize the
paved surface area.
Policy 6 – Environmental Impact Report
Biological and cultural resources on the site shall be identified, and any adverse impacts associated with
development mitigated, through a site specific environmental impact report (EIR). Proposed mitigation
shall be incorporated in the project design.
Policy 7 – Protection of Sensitive Native Vegetation Areas
The Carlsbad Habitat Management Plan (HMP) is a comprehensive, citywide program to identify how
the city, in cooperation with federal and state agencies, can preserve the diversity of habitat and protect
sensitive biological resources within the city and the Coastal zone.
The HMP has been prepared as part of the San Diego County Multiple Habitat Conservation Program
(MHCP). The MHCP will establish a coordinated habitat preserve system to protect listed species and
rare native vegetation while accommodating regional development needs. The HMP provides a
comprehensive plan for creation and management of proposed preserve areas in the coastal zone, along
with appropriate criteria for development requirements and delineation of development/preservation
boundaries. The creation of an effective habitat preserve requires a careful balancing of acquisition,
preservation and mitigation requirements, as well as enforceable monitoring, remediation and an
adequately funded maintenance program for the preserve area.
Section 30240(a) of the Coastal Act establishes a specific mandate for resource preservation. It states, in
part, “environmentally sensitive habitat areas shall be protected against any significant disruption of
habitat values…” Environmentally sensitive habitat area (ESHA) is defined in Section 30107.5 of the
Coastal Act as “any area in which plant or animal life or their habitats are either rare or especially
valuable because of their special nature or role in an ecosystem and which could be easily disturbed or
degraded by human activities and developments.
The regional nature of the habitat preservation effort sets the MHCP and HMP apart from other plans
affecting ESHA, where the noncomprehensive nature of the plans and lack of regional resource
protection standards require more stringent limitations to coastal ESHA impacts for individual sites. The
clustering and concentration of development away from sensitive areas that will result from the proposed
standards contained in the HMP and identified in the policies below will provide a larger, more
contiguous preserve area than if development on the same properties were to be approved on a lot-by-lot
basis.
May 3, 2023 Item #4 Page 229 of 483
Land Use – Mello I Chapter II-1
City of Carlsbad, September 8, 2016 20 Local Coastal Program
7-1.1 Habitat Management Plan
The document titled “Habitat Management Plan for Natural Communities in the City of Carlsbad,
December 1999 with Two Addenda” (hereafter referred to as HMP) is incorporated herein by reference.
The Second Addendum dated December 2002 contains additional conservation standards and habitat
protection policies that apply within the Coastal Zone. The HMP has been developed so as to implement
and be consistent with all other provisions of this LCP, as amended. Any changes to the HMP that affect
development within the coastal zone (including, but not limited to, changes to mitigation requirements)
shall be certified by the Coastal Commission as LCP amendments prior to becoming effective.
7-1.2 Environmentally Sensitive Habitat Areas (ESHA)
Pursuant to Section 30240 of the California Coastal Act, environmentally sensitive habitat areas, as
defined in Section 30107.5 of the Coastal Act, shall be protected against any significant disruption of
habitat values, and only uses dependent on those resources shall be allowed within those areas.
7-1.3 Coastal Sage Scrub
Coastal Sage Scrub is a resource of particular importance to the ecosystems of the Coastal Zone, due in
part to the presence of the Coastal California gnatcatcher (Federal Threatened) and other species.
Properties containing Coastal Sage Scrub shall conserve a minimum 67% of the Coastal Sage Scrub and
75% of the gnatcatchers onsite. Conservation of gnatcatchers shall be determined in consultation with
the wildlife agencies.
7-1.4 Oak Woodland
An oak woodland is a closed to relatively open stand of trees within which a dominant tree species is a
species of oak. In coastal southern California, that species is generally Coast Live Oak (Quercus
agrifolia), which is commonly found on slopes and riparian situations. Shrubs vary from occasional to
common and the herb layer is often continuous and dominated by a variety of annual grasses.
7-1.5 Streams
A stream is a topographical feature with a clear bed and bank that periodically conveys water.
7-1.6 Ephemeral Drainages and Ephemeral Streams
Ephemeral drainages and ephemeral streams are topographic features that convey water, but only during
and shortly after rainfall events in a typical year.
7-1.7 Wetlands
Pursuant to California Public Resources Code Section 30121 and Title 14, California Code of
Regulations Section 13577(b), ‘wetland’ means lands within the coastal zone, which may be covered
periodically or permanently with shallow water and include saltwater marshes, freshwater marshes, open
or closed brackish water marshes, swamps, mudflats and fens. Wetland shall include land where the
water table is at, near or above the land surface long enough to promote the formation of hydric soils or
to support the growth of hydrophytes and shall also include those types of wetlands where vegetation is
May 3, 2023 Item #4 Page 230 of 483
Land Use – Mello I Chapter II-1
City of Carlsbad, September 8, 2016 21 Local Coastal Program
lacking and soil is poorly developed or absent as a result of frequent and drastic fluctuations of surface
water levels, wave action, water flow, turbidity or high concentrations of salts or other substances in the
substrate. A preponderance of hydric soils or a preponderance of wetland indicator species shall be
considered presumptive evidence of wetland conditions.
Wetlands shall be delineated following the definitions and boundary descriptions in Section 13577 of the
California Code of Regulations.
Pursuant to California Public Resources Code Section 30233, no impacts to wetlands shall be allowed
except as provided in that Section.
7-1.8 Wetland Mitigation Requirements
If impacts to a wetland are allowed consistent with Policy 7-1.7, mitigation shall be provided at a ratio of
3:1 for riparian impacts and 4:1 for saltwater or freshwater wetland or marsh impacts.
7-1.9 No Net Loss of Habitat
There shall be no net loss of Coastal Sage Scrub, Maritime Succulent Scrub, Southern Maritime
Chaparral, Southern Mixed Chaparral, Native Grassland and Oak Woodland within the Coastal Zone of
Carlsbad. Mitigation for impacts to any of these habitat types, when permitted, shall include a creation
component that achieves the no net loss standard. Substantial restoration of highly degraded areas
(where effective functions of the habitat type have been lost) may be substituted for creation subject to
the consultation and concurrence of the U.S. Fish and Wildlife Service and the California Department of
Fish and Game (wildlife agencies). The Coastal Commission shall be notified and provided an
opportunity to comment upon proposed substitutions of substantial restoration for the required creation
component. Development shall be consistent with Policy 7-1.2 of this section, unless proposed impacts
are specifically identified in the HMP; these impacts shall be located to minimize impacts to Coastal
Sage Scrub and maximize protection of the Coastal California gnatcatcher and its habitat.
7-1.10 Upland Habitat Mitigation Requirements
Where impacts to the habitants stated in 7-1.9 are allowed, mitigation shall be provided as follows:
a. The no net loss standard shall be satisfied as stated in 7-1.9. Typically this will consist of
creation of the habitat type being impacted (or substantial restoration where allowed) at a ratio of
at least 1:1 as provided in the HMP.
b. Onsite preservation is not eligible for mitigation credit in the coastal zone except as provided in
subsection g. below.
c. Impacts to Coastal Sage Scrub shall be mitigated at an overall ratio of 2:1, with the creation
component satisfying half of the total obligation. The remainder of the mitigation obligation
shall be satisfied pursuant to the provisions of the HMP.
d. Impacts to Southern Maritime Chaparral or Maritime Succulent Scrub shall be mitigated at an
overall ratio of 3:1, with the creation component satisfying one-third of the total obligation. The
remainder of the mitigation obligation shall be satisfied pursuant to the provisions of the HMP.
May 3, 2023 Item #4 Page 231 of 483
Land Use – Mello I Chapter II-1
City of Carlsbad, September 8, 2016 22 Local Coastal Program
e. Impacts to Southern Mixed Chaparral, Native Grassland and Oak Woodland shall be mitigated
respectively at ratios of 1:1, 3:1 and 3:1, with the creation component satisfying the obligation or
one-third of the total obligation. The remainder of the mitigation obligation shall be satisfied
pursuant to the provisions of the HMP.
f. Mitigation for impacts within the coastal zone should be provided within the coastal zone if
possible, particularly the 1:1 creation component, in order to have no net loss of habitat within
the coastal zone. Mitigation measures on land outside the Coastal Zone may be acceptable if
such mitigation would clearly result in higher levels of habitat protection and value and/or would
provide significantly greater mitigation ratios and the mitigation area is part of the HMP. Land
area inside and outside the coastal zone which serves as mitigation for habitat impacts in the
coastal zone shall be permanently retired from development potential and secured as part of the
HMP preserve management plan as a condition of development approval.
g. Onsite of off-site open space preserve areas may be utilized to satisfy required mitigation for
habitat impacts associated with development if the preserve areas are disturbed and suitable for
restoration or enhancement, or they are devoid of habitat value and therefore suitable for the 1:1
mitigation component requiring creation or substantial restoration of new habitat. Substantial
restoration is restoration that has the effect of qualitatively changing habitat type and may meet
the creation requirement if it restores habitat type that was historically present, but has suffered
habitat conversion or such extreme degradation that most of the present dominant species are not
part of the original vegetation. Substantial restoration contrasts with enhancement activities,
which include weeding or planting within vegetation that retains its historical character, and
restoration of disturbed areas to increase the value of existing habitat which may meet other
mitigation requirements pursuant to the HMP.
h. Habitat mitigation requirements other than the creation or substantial restoration component may
be partially or wholly fulfilled by acquisition of existing like habitat and/or retirement of
development credits on existing like habitat with permanent preservation as part of the HMP
preserve management plan.
i. All mitigation areas, onsite and offsite, shall be secured with a conservation easement in favor of
the wildlife agencies. In addition, a preserve management plan shall be prepared for the
mitigation areas, to the satisfaction of the City, the wildlife agencies and the Coastal
Commission. The preserve management plan shall ensure adequate funding to protect the
preserve as open space and to maintain the biological values of the mitigation areas in perpetuity.
Management provisions and funding shall be in place prior to any impacts to habitat. At a
minimum, monitoring reports shall be required as a condition of development approval after the
first and third year of habitat mitigation efforts. The preserve management plan shall be
incorporated into the Implementation Plan of the LCP through an LCP amendment within one
year of Commission certification of the HMP as part of the certified LCP.
j. If any conflict should arise between the Policies of the LCP and the provisions of the HMP, the
LCP shall take precedence. If any conflict should arise between the policies of the certified
Mello I LUP and the certified Implementation Plan the policies of the certified Mello I LUP shall
take precedence.
May 3, 2023 Item #4 Page 232 of 483
Land Use – Mello I Chapter II-1
City of Carlsbad, September 8, 2016 23 Local Coastal Program
7-1.11 Highly Constrained Properties
There are properties in the Coastal Zone that are entirely or almost entirely constrained by
environmentally sensitive habitat area (ESHA). In these cases, one of the following additional standards
shall apply:
a. If more than 80% of the property by area is covered with ESHA at least 75% of the property shall
be conserved, OR
b. If the City, with the concurrences of the wildlife agencies and the Coastal Commission through
an LCP amendment, approved a Hardline preserve boundary for any of the above-described
properties as part of the HMP, then the amount of onsite preservation as identified in the
Hardline boundary shall apply.
7-1.12 Buffers and Fuel Modification Zones
Buffers shall be provided between all preserved habitat areas and development. Minimum buffer widths
shall be provided as follows:
a. 100 feet for wetlands
b. 50 feet for riparian areas
c. 20 feet for all other native habitats (coastal sage scrub, southern maritime chaparral, maritime
succulent scrub, southern mixed chaparral, native grassland, oak woodland).
Buffer widths shall be measured from the edge of preserved habitat nearest the development to the
closest point of development. For wetlands and riparian areas possessing an unvegetated bank or steep
slope (greater than 25%), the buffer shall be measured from the top of the bank or steep slope rather than
the edge of habitat, unless there is at least 50 feet between the riparian or wetland area and the toe of the
slope. If the toe of the slope is less than 50 feet from the wetland or riparian area, the buffer shall be
measured from the top of the slope.
Any proposed reductions in buffer widths for a specific site shall require sufficient information to
determine that a buffer of lesser width will protect the identified resources. Such information shall
include, but is not limited to, the size and type of the development and/or proposed mitigation (such as
planting of vegetation or the construction of fencing) that will also achieve the purposes of the buffer.
The California Department of Fish and Game, the U.S. Fish and Wildlife Service, and the Coastal
Commission staff shall be consulted in such buffer determinations.
No development, grading or alterations, including clearing of vegetation, shall occur in the buffer area,
except for:
a. Fuel modification Zone 3 to a maximum of 20 feet for upland and non-riparian habitat. No fuel
modification shall take place within 50 feet of riparian areas, wetlands or oak woodland.
b. Recreation trails and public pathways within the first 15 feet of the buffer closest to the
development, provided that construction of the trail or pathway and its proposed use is consistent
with the preservation goals for the adjacent habitat and that appropriate measures are taken for
physical separation from sensitive areas.
May 3, 2023 Item #4 Page 233 of 483
Land Use – Mello I Chapter II-1
City of Carlsbad, September 8, 2016 24 Local Coastal Program
Buffer areas that do not contain native habitat shall be landscaped using native plants. Signage and
physical barriers such as walls or fences shall be required to minimize edge effects of development.
7-1.13 Hardline Preserve Boundaries
The purpose of the standards listed above is to ensure that the future development is sited to preserve the
maximum amount of ESHA within the coastal zone, and to establish viable habitat corridors and
preserve areas. If the City, with the concurrence of the wildlife agencies and the Coastal Commission
through an LCP amendment subsequently approves a Hardline preserve boundary for any properties as
part of the HMP, then the onsite preservation included in the Hardline preserve boundary shall apply.
7-1.14 Steep Slope Encroachments
The percentage of steep slope encroachment allowed by the drainage and erosion control policies may be
modified for development consistent with the habitat protection policies listed above and approved as
part of the adopted HMP.
7-1.15 Invasive Plants
The use of invasive plant species in the landscaping for developments such as those identified in Table
12 of the HMP shall be prohibited.
4. FINDINGS
The Commission hereby finds and declares as follows:
(1) Agriculture
The Mello Bill Properties (AB462) LCP contains a number of issues related to preservation of
agricultural lands. These issues pertain to suitability of the soils for agricultural use, economic
feasibility of agriculture, necessity of buffer areas between agricultural and urban uses, and
relationship to the balance of the Carlsbad LCP and a comprehensive city-wide agricultural
preservation program. Findings dealing with these issues and supporting the policy
recommendations are provided below:
(a) Suitability of the Soils – The Mello Bill Properties contain a variety of soil types. These
soil types include Class III and IV soils designated by the Soil Conservation Service of
the U.S. Department of Agriculture as suitable for growing truck crops, tomatoes, flowers
and other crops. In the case of the Standard Pacific and Rancho La Costa properties,
portions of the sites include soils designated as Class VIII with little or no agricultural
value (Ref. Figure 1 of the PRC Toups Report for soil designations).
The California Coastal Act of 1976 contains the following provisions related to preservation of
agricultural lands:
SEC. 30241
The maximum amount of prime agricultural land shall be maintained in agricultural production to assure
the protection of the areas' agricultural economy, and conflicts shall be minimized between agricultural
and urban land uses through all of the following:
May 3, 2023 Item #4 Page 234 of 483
Land Use – Mello I Chapter II-1
City of Carlsbad, September 8, 2016 25 Local Coastal Program
(a) By establishing stable boundaries separating urban and rural areas, including, where necessary,
clearly defined buffer areas to minimize conflicts between agricultural and urban land uses.
(b) By limiting conversions of agricultural lands around the periphery of urban areas to the lands
where the viability of existing agricultural use is already severely limited by conflicts with urban
uses and where the conversion of the lands would complete a logical and viable neighborhood
and contribute to the establishment of a stable limit to urban development.
(c) By developing available lands not suited for agriculture prior to the conversion of agricultural
lands.
(d) By assuring that public service and facility expansions and nonagricultural development do not
impair agricultural viability, either through increased assessment costs or degraded air and water
quality.
(e) By assuring that all divisions of prime agriculture lands, except those conversions approved
pursuant to sub-division (b) of this section, and all development adjacent to prime agricultural
lands shall not diminish the productivity of such prime agricultural lands.
SEC. 30242
All other lands suitable for agricultural use shall not be converted to nonagricultural uses unless (1)
continued or renewed agricultural use is not feasible, or (2) such conversion would preserve prime
agricultural land or concentrate development consistent with Section 30250. Any such permitted
conversion shall be compatible with continued agricultural use on surrounding lands.
(2) Environmentally Sensitive Habitat
The PRC Toups Report identifies the Coastal Sage Scrub and mixed Chaparral found on the
steeper slopes of the Rancho La Costa property as having significant habitat resource value.
These areas exhibit a large number and diversity of both plant and animal species, several of
which could be threatened because of conversion to urban or agricultural use. The Coastal Plan
identifies Batiquitos Lagoon, as a resource of statewide significance and an environmentally
sensitive habitat. All of the Standard Pacific and Rancho La Costa properties are located in the
Batiquitos Lagoon Watershed. A portion of Occidental is so located. Batiquitos Lagoon is
approximately 600 acres and provides habitat for more than 75 species of waterfowl and shore
birds, including migratory shore birds which feed in the shallow ponds both west and east of the
freeway. Batiquitos Lagoon is given priority protection under Section 30233(c) because it has
been identified as a critical coastal wetland by the Department of Fish and Game.
Sections 30230, 30231, 30233, 30236 and 30240 of the Coastal Act are applicable to
environmentally sensitive habitat areas. Essentially all these provisions of the Coastal Act are
concerned with the preservation and protection of environmentally sensitive habitat areas.
Environmentally sensitive habitat areas are defined as “any area in which plant or animal life or
their habitats are either rare or especially valuable because of their special nature or role in an
ecosystem and which could be easily disturbed or degraded by human activities and
developments” (Coastal Act, Section 30107.5). Batiquitos Lagoon can be adversely impacted by
development in a number of ways. Batiquitos Lagoon is directly affected by such things as
May 3, 2023 Item #4 Page 235 of 483
Land Use – Mello I Chapter II-1
City of Carlsbad, September 8, 2016 26 Local Coastal Program
erosion of the upland hill areas transporting sediment into the lagoon, and by excessive nutrient
loads from agricultural land uses. The steep slopes which contain the coastal mixed Chaparral on
the Rancho La Costa site will be degraded or destroyed by extensive grading activity.
To protect Batiquitos Lagoon from increased sedimentation as a result of urbanization, PRC
Toups recommended conformance to the draft Carlsbad Master Drainage Plan and restriction of
construction on slopes in excess of 25%. The Carlsbad Master Drainage Plan proposes phased
incremental construction of underground sewers along all of the drainage courses in the Mello I
Bill LCP area. The Master Drainage Plan also proposes a new grading ordinance that provides
controls over urban runoff, but does not contain any restrictions upon grading season.
There are two problems with sedimentation that are of special concern to the Commission
because of their effects on Batiquitos: increased sedimentation from the urban development
process, and increased streambed erosion resulting from paving and storm drains in urbanized
areas. Several publications note the dramatic increase in sediment production caused by
urbanization, “Effects of Urbanization of Sedimentation and Flood flows in Colma Basin,
California” by J. M. Knott USGS notes an increase in sedimentation to 130 times pre-
development rates. Increases of 100-fold are also noted in Evaluation and Control of Soil
Erosion in Urbanizing Watersheds by Chang-Ning Chen while even more dramatic increases are
related in "Control of Sediments Resulting from Highway Construction and Land Development"
by the U.S. Environmental Protection Agency, 1971. The Commission has observed these
effects throughout San Diego County, and finds that stringent controls over the timing of grading
and policies to assure revegetation are necessary to minimize these increases. The policies of the
certified LCP provide controls and policies analogous to those required by the Commission in its
permit decisions.
The second major problem with sedimentation, and the major long term concern, is increased
flood flows due to urbanization. The Commission's own consultant, Karen Prestegard, in
"Stream and Lagoon Channels of the Los Peñasquitos Watershed, California, with an Evaluation
of Possible Effects of Proposed Urbanization," reported that increased urban runoff can cause
streambed erosion for periods of 20 to 30 years, and is the major cause of increased sediment
deposition in San Diego County. The problems of streambed erosion have been dramatic in San
Diego, notably at Crest and Luz Canyons, and also within the watershed of Batiquitos Lagoon in
the formation of a canyon along Batiquitos Lane, and in the dramatic increases in deltas at the
western and eastern end of the lagoon. The Commission finds that phased construction of storm
drains is not sufficient to mitigate the effects of urbanization because unlined portions of
drainageways continue to erode at an even more rapid rate after construction upstream. The
Commission is also concerned that construction of artificial drainageways avoids the benefits of
filtration of urban runoff accomplished through natural drainageways. Within the LCP area,
there are two drainageways along the western edge of the property where urbanization has
already caused serious erosion problems. Portions of Occidental Land and the entire Standard
Pacific site drain into this area. In these two areas, natural drainageways are no longer practical.
The PRC Toups Report recommended installation of artificial drains on an incremental basis
(project by project). The Commission finds that such a recommendation would exacerbate the
erosion and rejects that recommendation. Instead, the Commission has adopted policies that
require construction of drainage facilities to resolve existing erosion problems prior to any
further development. The policy language provides for use of an assessment district, or any
similar method, so that all developers causing the erosion problem would contribute equitably to
May 3, 2023 Item #4 Page 236 of 483
Land Use – Mello I Chapter II-1
City of Carlsbad, September 8, 2016 27 Local Coastal Program
the solution. The Commission recognizes that this may place an additional burden on the initial
developer, but notes that methods such as development agreements are in common use in San
Diego County. The Commission also notes that installation of artificial drains are generally more
economical than detention of storm water onsite. Finally, the immediate resolution of the
existing erosion problem is strongly encouraged by the provision of Section 30231 that
"productivity...shall be maintained and, where feasible, restored through controlling runoff.
In the remainder of the LCP (principally the Rancho La Costa site) it is possible and of
substantial benefit to the preservation of the lagoon to design a drainage system that maintains
existing, natural drainageways. Therefore, LCP policies have been adopted which require
controls preventing increased runoff to be included as an integral element of development.
Although the approach outlined in these policies and in these findings relies heavily upon
engineered facilities to reduce peak runoff, it must be recognized that there are limits to the
effectiveness of such controls. Rancho La Costa is a series of steep canyons draining in a north-
south direction into Batiquitos Lagoon. It contains highly erodible soils and is very susceptible
to degradation. Further, because of the proximity of this area to the lagoon, and because it takes
a period of up to five years for revegetation to reduce sedimentation below the levels of an
undisturbed site, land use designations must reflect the limitations of the land. Without such
limits on overall development intensity, grading of the site could lead to massive siltation during
and after initial grading, regardless of mitigation measures. The Commission cannot agree that
the PRC Toups recommendation of an overall density of 0 to 4 units per acre provides for land
uses reflecting the limitations of the land. Further, the PRC Toups recommendation to
concentrate development off of slopes in excess of 25% do not articulate a compelling distinction
for not restricting development on slopes between 10% and 25%. The information in the
background reports indicates that virtually all of the land in this LCP over 10% slope (and some
of the land under 10% slope) is identified within the LCP as having moderate to high, or very
high erosion hazard by the Soil Conservation Service. Therefore, the Commission finds that it is
necessary to provide land use policies that establish land use intensities reflecting the limitations
of the natural terrain. The policies, approved in this staff recommendation recognize the
relationship of development density to the natural carrying capacity of the land, only as so
revised can the Commission find the Land Use Plan consistent with the habitat protection
policies of the Coastal Act.
(3) Hazard Areas
The Mello Bill LCP indicates that geographical hazards can be grouped into two basic categories:
(a) Landslides, slope instability, and soil erosion problems.
(b) Seismic hazards.
Section 30253 of the Coastal Act indicates that new development shall “minimize risks to life
and property in areas of high geologic, flood, and fire hazard...” and “assure stability and
structural integrity, and neither create nor contribute significantly to erosion, geologic instability,
or destruction of the site or surrounding area...”
In the technical background report on hazards, prepared by PRC Toups Corporation, landslide
prone areas have been generally identified. None are within the Mello Bill LCP. However,
May 3, 2023 Item #4 Page 237 of 483
Land Use – Mello I Chapter II-1
City of Carlsbad, September 8, 2016 28 Local Coastal Program
much of the Mello Bill LCP contains properties designated as “accelerated erosion prone areas”
which drain into Batiquitos Lagoon. Much of the Mello Bill LCP properties are designated by
the U.S. Department of Agriculture Soil Conservation Service as having a high erosion hazard.
Because of this, and the fact that Batiquitos Lagoon is an environmentally sensitive habitat area,
the Commission finds that the additional erosion control policies are necessary. These policies
require that development:
conform to the draft Carlsbad Master Drainage Plan;
limit time of year for grading to the dry season;
control increased runoff;
maintain drainage and erosion control facilities;
plant and stabilize graded areas; and
be concentrated on the flatter portions of the site.
With these policies, the Commission finds the Mello Bill LCP in conformity with Section 30253
of the Coastal Act.
With regards to seismic hazards, the Mello Bill LCP recognizes that there is a “relatively very
high earthquake hazard in the study area.” However, no proven active faults exist in the study
area. The technical background report on hazards prepared by PRC Toups Corporation
recommends that Uniform Building Code be implemented and that geologic/soils investigations
be prepared for all subdivisions to mitigate potential seismic risks. The City of Carlsbad
currently follows their procedures. The Commission finds that while additional technical search
assessing seismic hazards should be encouraged, the implementation of the above procedures are
adequate to find the LCP in conformity with Section 30253 of the Coastal Act.
(4) Public Works
As part of the technical background reports prepared by PRC Toups Corporation for the balance
of the Carlsbad LCP, an evaluation of sewer, water, and traffic circulation systems in the City of
Carlsbad was performed. These issues, which are basically city-wide or regional issues, are more
appropriately addressed in the balance of the Carlsbad LCP. The PRC Toups Report contains the
following summary statement.
“In summary, major water, sewer and traffic circulation systems are either
available or must be provided across the southern section of Carlsbad to serve
urban development to the east. These systems can also serve the Mello Bill
properties. The issues, therefore, concern alignment of these needed
facilities. Most important of these systems concerns the construction of
Poinsettia Lane. This road is needed as a major arterial by 1995. A complete
analysis of transportation needs and projections is contained within the Public
Works Technical Paper within the Carlsbad LCP.”
The Commission finds that the issues of water, sewer, and traffic circulation and the alignment of
these facilities are more appropriately addressed in the balance of the Carlsbad LCP. With
regards to access, Poinsettia Lane may be extended from its current terminus eastward to the
eastern boundary of the Standard Pacific site. In the balance of the Carlsbad LCP, the extension
of Poinsettia Lane through coastal zone agricultural areas shall be analyzed. The Commission
May 3, 2023 Item #4 Page 238 of 483
Land Use – Mello I Chapter II-1
City of Carlsbad, September 8, 2016 29 Local Coastal Program
makes no finding at this time that the road is needed, or may be extended. With this stipulation,
the Commission finds the Mello Bill LCP in conformity with Section 30254 of the Coastal Act.
(5) Recreation and Visitor-Serving Facilities
Several Coastal Act policies require consideration of visitor-serving uses. The Mello Bill
highlighted public recreation as one of the Chapter 3 policies to be specifically addressed in this
LCP. Other applicable policies of the Act include Sections 30212.5, 30213, 30222, 30223 and
302500(c). Of particular interest is 30222 which states:
“The use of private lands suitable for visitor-serving commercial recreational
facilities designed to enhance public opportunities for coastal recreation shall
have priority over private residential, general industrial, or general
commercial development, but not over agriculture or coastal-dependent
industry.”
This section of the Act clearly indicates that sites suitable for visitor-serving commercial
recreational facilities have priority over private residential, general commercial and industrial
uses, but not over agriculture. The Occidental Land, Inc. property located adjacent to I-5 is
appropriate for visitor-serving facilities. The need for additional visitor-serving facilities in the
Carlsbad area is documented by PRC Toups and its technical background report. If Occidental
elects to develop according to a master plan, it is required to provide 35% of the commercial
uses as visitor-serving. The Commission finds that such a policy is required to implement
Section 30222. The Commission finds that it has protected public recreational opportunities by
encouraging visitor-serving uses.
(6) Visual/Land Resources
Sections 30244, 30251 and 30252 of the Coastal Act address the visual resource issues. In
response to these Sections of the Coastal Act, PRC Toups recommends several actions,
including:
sign control;
parking requirements;
implementation of the Scenic Preservation Overlay Zone of the City of Carlsbad on the
Occidental Land, Inc. property;
preservation of natural vegetation on steep slopes; and
preservation/mitigation of archaeological resources.
The purpose of these recommendations is to ensure that visual, archaeological and natural
resources are protected, preserved or where necessary mitigated prior to construction; and, that
new development will not visually degrade the area. This is of particular concern to the
Occidental Land, Inc. property, adjacent to I-5 a major coastal access route. Rancho La Costa
property, which is in the viewshed of Batiquitos Lagoon is adequately protected by the erosion
control standards discussed above. These standards will require development to be sited away
from the visible steep slopes.
Additional conditions on sign control will minimize visual obstruction of coastal views
associated with unnecessary large signs.
Land Use – Mello I Chapter II-1
City of Carlsbad, September 8, 2016 30 Local Coastal Program
(7) Public Access
Public access pursuant to Sections 30210 through 30214 was not appropriate for two reasons.
First, none of the properties are located between the shoreline and the first public road and thus
provided no opportunity for direct physical access to the shoreline. Second, the properties
covered by this LCP are not contiguous and provide no access to shoreline, and thus access could
not have been provided internally within the LCP boundaries or under the express requirements
of Section 30212. Therefore, the Commission finds that the requirement of Public Resources
Code Section 30500(a) that each land use plan contain a “specific public access component” is
not relevant to this LCP.
(8) Alternatives to the Proposed Project
The Commission's regulations and the California Environmental Quality Act Section 21000 et
seq. require an analysis of feasible less environmentally damaging alternatives to projects
(Section 21002). The three basic alternatives under consideration are (1) the Toups
recommendation; (2) the Regional Staff recommendation; and (3) the State staff
recommendation. The Commission concludes that its specific findings on agriculture and
environmentally sensitive habitat areas contained herein meet the CEQA requirements for
analyzing feasible alternative that may be less environmentally damaging. The Commission has
required additional drainage measures to mitigate the adverse effects of residential development
on Batiquitos Lagoon and has found that such measures are feasible by using development
agreements or other measures to distribute the expenses of such measures equitably among
property owners.
(9) Effect of Commission Action
The Commission finds that Parts I - IV and VI of the staff recommendation adopted September
18, 1980, the revised policies and findings herein, and the implementing ordinances included as
Attachments 1 through 5 and incorporated herein by this reference are the certified LCP and
constitute for all purposes of the Coastal Act the certified LCP for the properties included in the
Mello Bill. Pursuant to Section 30519 and the Section 00140 of the LCP implementing
regulations, the certified LCP is effective on the date of this decision. The actual transfer of
coastal development permit issuing authority shall take place upon receipt of a resolution from
the Carlsbad City Council indicating that it has adopted the procedural ordinance contained in
Attachment 5. Prior to receipt of the resolution indicating that the ordinance is in effect and the
City is ready to undertake the permit-issuing responsibilities based on the certified LCP,
landowners may apply to the Commission for coastal development permits to be reviewed and
issued pursuant to the Land Use Plan policies and the implementing ordinances contained herein.
May 3, 2023 Item #4 Page 240 of 483
Land Use – Mello I Chapter II-1
City of Carlsbad, September 8, 2016 31 Local Coastal Program
Exhibit 3.3 – Map X - Non-Prime Agricultural Lands
May 3, 2023 Item #4 Page 241 of 483
Land Use – Mello I Chapter II-1
City of Carlsbad, September 8, 2016 32 Local Coastal Program
Exhibit 4.2 – Soil Classification
May 3, 2023 Item #4 Page 242 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 33 Local Coastal Program
II-2. Mello II Segment
A. Background
1. LAND USE POLICY PLAN FORMAT
This document contains all land use policies for development and conservation of coastal land and water
areas within the geographic area described in Section 30171 of the Public Resources Code (Coastal Act).
This plan has been prepared by the staff of the California Coastal Commission, with assistance and
professional services provided by the firm of PRC Toups Corporation, as required by the provisions of
AB1971 (Mello), adopted by the State Legislature in 1980. Mello II was adopted on July 1, 1982. This
plan also reflects the City sponsored amendment that affected agricultural preservation and the treatment
of steep slopes. The City's amendment was approved by the Commission on October 24, 1985.
B. Land Use Policies
1. LAND USE PLAN
The Land Use Policy Plan, which is the “land use plan” of the Local Coastal Program (LCP) for this area
of Carlsbad, is divided into the following policy areas:
Allowable Land Uses
Agriculture
Environmentally Sensitive Habitat Areas
Geologic, Floodplain, and Shoreline Hazard Areas
Public Works and Public Services Capacities
Recreation and Visitor-Serving Uses
Shoreline Access
Scenic and Visual Resources
Exhibits
NOTE: The following is an unofficial listing of Mello II LCP Segment Policies. This listing can
provide a quick reference to applicable LCP policies.
LOCAL COASTAL PROGRAM: MELLO II SEGMENT LAND USE PLAN
LOCAL COASTAL PROGRAM BOUNDARY EXHIBIT 1
LAND USE: MELLO II SEGMENT (AB 1971) EXHIBIT 2.2
Policy 1-1 – Allowable Land Uses (Mello II)
Policy 1-2 – Maximum Density of Development
2. AGRICULTURE
Policy 2-1 – Agriculture: Conservation of Coastal Agricultural Lands
(a) Basic Agricultural Policies
May 3, 2023 Item #4 Page 243 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 34 Local Coastal Program
(1) Coastal Agriculture
(2) Conversion of Coastal Agriculture
(3) Conversion Options
Option 1 – Mitigation
Option 2 – Determination of Agricultural Feasibility
Option 3 – Agricultural Conversion Mitigation Fee
(4) Underlying Urban Designations of Coastal Agriculture
(5) Conversions of Coastal Agriculture Inconsistent with
Underlying Urban Designation
(b) Designated Coastal Agricultural Lands
(c) Permitted Uses on Designated Coastal Agricultural Lands
(1) On Class I-IV Agricultural Lands
(2) On Class V-VIII Agricultural Lands
Policy 2-2 – “Mixed-Use” Development
(a) Basic Permitted Uses on Existing Legal Parcels
(b) Conditional Uses and Land Divisions
(1) On Class I-IV Agricultural Lands
(2) On Class V-VIII Agricultural Lands
(c) Uses Conditionally Permissible Pursuant to Development of all Legal Parcels as a Single Unit
Subject to a Master Plan
Policy 2-3 – Lands Historically In Agriculture Yet Not Designated Coastal Agriculture
(a) State owned parcel northerly of the intersection of Palomar Airport Road and Carlsbad
Boulevard
(b) Burroughs & Ecke Parcels
(c) Ukegawa parcel
Policy 2-4 – Small Scattered Ineffective Agricultural Lands
Policy 2-5 – City Support of Farm Cooperative/Flower Auction
Policy 2-6 – City Support of Efficient Agricultural Water Usage
Policy 2-7 – City Support of Low Cost Agricultural Water
Policy 2-8 – City Support of Agricultural Drainage Projects
Policy 2-9 – Agricultural Labor Force
Policy 2-10 – City Support of County Farm Advisor and Agricultural Commission
May 3, 2023 Item #4 Page 244 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 35 Local Coastal Program
3. ENVIRONMENTALLY SENSITIVE HABITAT AREAS
Policy 3-1 – Slopes and Preservation of Vegetation
Policy 3-2 – Buena Vista Lagoon
Policy 3-3 – Batiquitos Lagoon
Policy 3-4 – Grading and Landscaping Requirements
Policy 3-5 – Kelly Ranch/Macario Canyon Area
(a) Maximum Density of Development
(b) Coastal Commission Permit 6-84-617 Agriculture
(c) Preservation of Steep Slopes, Sensitive Vegetation and Erosion Control
(1) Areas and Slopes Possessing Endangered Species and/or Coastal Sage Scrub and
Chaparral Plant Communities
(2) Drainage and Runoff Rates
(3) Installation Timing of Drainage and Runoff Control Measures
(d) Park Purposes (Macario Canyon)
(e) Brush Management
(f) Siting/Parking
(g) Roads in Open Space
(h) Other Uses in Open Space
(i) Water Quality
(j) Vista Points
(k) Public Trails
(l) Public Streets/Gated Communities
Policy 3-6 – Environmentally Sensitive Habitat Areas
Policy 3-7 – Wetlands and Riparian Resources
Policy 3-8 – Buffer Zones
4. GEOLOGIC, FLOODPLAIN, AND SHORELINE HAZARD AREAS
Policy 4-1 – Coastal Erosion
(a) Development Along Shoreline
(b) Beach Sand Erosion
(c) Shoreline Structures
(d) Undevelopable Shoreline Features
Policy 4-2 – Landslides and Slope Instability
May 3, 2023 Item #4 Page 245 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 36 Local Coastal Program
Policy 4-3 – Accelerated Soil Erosion
(a) Areas west of I-5 and the existing Paseo Del Norte, and along El Camino Real upstream of
existing storm drains
(b) All other areas
(1) Slopes possessing endangered species and/or Coastal Sage Scrub and Chaparral plant
communities
(2) All Other Steep Slope Areas
(3) Required Runoff Control Plan
(4) Required Drainage or Erosion Control Facility Maintenance Arrangements
(5) Installation and Timing of Permanent Runoff and Erosion Control Devices
(6) Required Open Space Easements on Undeveloped Slopes
Policy 4-4 – Removal of Natural Vegetation
Policy 4-5 – Soil Erosion Control Practices
Policy 4-6 – "Sediment Control" Practices
Policy 4-7 – Flood Hazards
(a) Storm Drainage Facilities in Developed Areas
(b) City's Grading Ordinance
(c) Storm Drainage Facilities in Undeveloped Areas
(d) Financing New Drainage Facilities
(e) 100-Year Floodplain
(f) City of Carlsbad Drainage Master Plan
Policy 4-8 – Seismic Hazards
5. PUBLIC WORKS AND PUBLIC SERVICES CAPACITIES
Policy 5-1 – Regional Sewage Transportation System
Policy 5-2 – Future Sewage Treatment
Policy 5-3 – Untreated Reclaimed Water
Policy 5-4 – Ten Percent Reserve Sewage Capacity for Coastal Dependent Recreation for Visitor-
Serving Uses
Policy 5-5 – Poinsettia Lane
6. RECREATION AND VISITOR-SERVING USES
Policy 6-1 – Additional City Parks
May 3, 2023 Item #4 Page 246 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 37 Local Coastal Program
Policy 6-2 – Regional Park
Policy 6-3 – Encina Fishing Area
Policy 6-4 – Need For Additional Overnight Camping
Policy 6-5 – Need For 200 Additional Hotel-Motel Rooms, and Visitor Serving Uses
Policy 6-6 – Additional Visitor-Serving Facilities at Elm Avenue and Carlsbad Boulevard
Policy 6-7 – Small Boat Launching Facility at South Carlsbad State Beach
Policy 6-8 – Definition of Visitor-Serving Commercial Uses, and East End of Buena Vista Lagoon
Policy 6-9 – Properties Fronting Carlsbad Boulevard Adjacent to and Including South Carlsbad State
Beach
Policy 6-10 – Lower Cost Visitor-Serving Recreational Uses
7. SHORELINE ACCESS
Policy 7-1 – Cypress Avenue and Ocean Street Area
Policy 7-2 – Shoreline Access Signage
Policy 7-3 – Access Along Shorelines
Policy 7-4 – Carlsbad Boulevard and Palomar Airport Road Area
Policy 7-5 – Access on South Carlsbad State Beach
Policy 7-6 – Buena Vista Lagoon
Policy 7-7 – Encina Power Plant Shore Area
Policy 7-8 – North End of Ocean Street
Policy 7-9 – South Carlsbad State Beach – Parking
Policy 7-10 – Parking
Policy 7-11 – State Beach Lands
Policy 7-12 – Seaward of Ocean Street
Policy 7-13 – Visual Access
May 3, 2023 Item #4 Page 247 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 38 Local Coastal Program
Policy 7-14 – Vertical Shoreline Accessway Width
Policy 7-15 – South Carlsbad State Beach: Conversion to a Day Use Beach, and Vertical Access on
MacMahon Property
8. SCENIC AND VISUAL RESOURCES, HISTORIC RESOURCES
Policy 8-1 – Site Development Review
Policy 8-2 – Potentially Historic Structures
Policy 8-3 – Infill Development Design Review
Policy 8-4 – Archaeological and Paleontological Resources
Policy 8-5 – Signage
9. EXHIBITS
1. Boundary Local Coastal Program
1.1 Boundary: Mello I Segment (AB 462)
1.2 Boundary: Mello II Segment (AB 1971)
2.2 Land Use: Mello II Segment (AB 1971)
3.3 Coastal Agriculture Overlay Zone
4.2 Generalized Agricultural Soils: Class I-IV, V-VIII
4.5 First Row of Lots Bordering Buena Vista Lagoon/May Co. Properties
4.9 Recreation & Visitor-Serving Uses
(a) Encina Fishing Area – Policy 6-3
(b) 40 Acres of Visitor-Serving Use – Policies 6-5 and 6-6
(c) Fronting Carlsbad Boulevard adjacent to and including South Carlsbad State Beach –
Policy 6-9
4.10 Shoreline Access
POLICY 1-1 ALLOWABLE LAND USES (MELLO II)
Allowable uses are those that are consistent with both the General Plan and the Local Coastal Program.
POLICY 1-2 MAXIMUM DENSITY OF DEVELOPMENT
Residential densities shall be permitted and based on the underlying LCP land use designation. The
residential land use designations shall represent the maximum density permitted subject to application of
requested density bonuses pursuant to Chapter 21.86 of the Carlsbad Municipal Code and the applicable
resource protection provisions of the certified LCP.
May 3, 2023 Item #4 Page 248 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 39 Local Coastal Program
2. AGRICULTURE
POLICY 2-1 CONSERVATION OF AGRICULTURAL LANDS
(a) Basic Agricultural Policies
(1) Coastal Agriculture:
Consistent with the provisions of Sections 30241 and 30242 of the Coastal Act, it is the
policy of the City to contribute to the preservation of the maximum amount of prime
agricultural land throughout the coastal zone by providing for the balanced, orderly
conversion of designated non-prime coastal agricultural lands. Non-prime agricultural
lands identified on Map X, including the 301.38 acre Carltas Property, are designated
Coastal Agriculture and shall be permitted to convert to urban uses subject to the
agricultural mitigation or feasibility provisions set forth in the LCP. Any acreage under
the control of a public entity for a public recreation or open space use shall be exempt
from Policy 2-1 and be permitted to convert from an agricultural use without satisfying
one of the three conversion options.
(2) Conversion of Coastal Agriculture:
Conversion of designated coastal agricultural lands shall be permitted provided that: a)
conversion would preserve prime agricultural lands within the statewide coastal zone
consistent with Sections 30241 and 30242 or concentrate new development consistent
with Section 30250 of the Coastal Act; or b) continued or renewed agricultural use is not
feasible.
(3) Conversion Options:
Conversion of non-prime coastal agricultural lands shall be permitted pursuant to either
Option 1 – Mitigation, Option 2 – (Feasibility Analysis) or Option 3 – Conversion Fee as
set forth below in this policy. Consistent with Section 30242 of the Act, no feasibility
analysis shall be required if a landowner selects Option 1 or Option 3.
Option 1 – Mitigation (Prime Land Exchange)
Non-prime coastal agricultural lands shall be converted to urban use consistent with the
Carlsbad General Plan if, prior to approval of a subdivision map, a mitigation program is
in effect that permanently preserves one acre of prime agricultural land within the
statewide Coastal Zone for each acre of net impacted agricultural land in the LCP that is
converted. For purposes of calculating required mitigation acreage, net impacted
agricultural lands are the parcels and acreages designated on Map X and the 301.38 acre
Carltas Property and areas containing sensitive coastal resources that would preclude
development.
The standards and procedures for such a mitigation program shall be set forth in LCP
implementing ordinances. Recipients of prime agricultural land interests pursuant to this
policy shall be limited to:
May 3, 2023 Item #4 Page 249 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 40 Local Coastal Program
a) local or state agencies; or,
b) tax exempt organizations whose principal charitable purposes are consistent with
the agricultural mitigation program and qualify under Section 501(c)(3) of the
U.S. Internal Revenue Code. Further, mitigation priority shall be given to
preserving prime agricultural lands in the coastal zones of counties selected by the
State Coastal Conservancy for pilot programs funding, and other counties with
similarly qualified programs.
Option 2 – Determination of Agricultural Feasibility
If the feasibility of continued agriculture is questionable, either the City or involved
landowners may complete an agricultural feasibility study for: a) all coastal agricultural
lands in the LCP; b) 3 or 4 subareas (See Exhibit 3.3) which constitute logical subunits; or
c) contiguous landholdings in a single ownership of at least 100 acres. If Option 2 is
selected, that portion of the study area determined to be feasible for continued agriculture,
if any, may be converted upon request of the landowner to urban use subject to
compliance with the provisions of Option 1 above. That portion of the study area
determined not to be feasible for continued agriculture could be converted only after: a)
the City approves the feasibility study; b) an LCP amendment is prepared and submitted
to the Coastal Commission that provides for the conversion; and c) the Coastal
Commission certifies the LCP amendment as to its conformance with the Coastal Act.
Option 3 – Agricultural Conversion Mitigation Fee
In lieu of the procedures established by subsection B or subsection C of this section,
property may be converted to urban uses upon payment of an agricultural conversion
mitigation fee.
This fee is separate and distinct from the mitigation fee established by Section 301717.5
of the Public Resources Code, which applies to certain properties outside the Mello I and
Mello II segments of the City’s local coastal program, is collected and administered by
the State Coastal Conservancy and has different expenditure priorities.
The amount of the fee shall be determined by the City Council at the time it considers a
Coastal Development permit for urban development of the property. The fee shall not be
less than five thousand dollars nor more than ten thousand dollars per net converted acre
of agricultural land and shall reflect the approximate cost of preserving prime agricultural
land pursuant to subsection B of this section. The fees shall be paid prior to the issuance
of building permits for the project. All mitigation fees collected under this section shall
be deposited in the City of Carlsbad LCP Agricultural Mitigation Fees Fund and shall be
expended by the City of Carlsbad subject to the recommendations of an advisory
committee to be established by City Council action. The advisory committee shall have
city and Coastal Conservancy staff and community representation. The intent is not to
establish priorities for Program use, but rather to promote equitable distribution amongst
the allowable uses outlined below. The advisory committee may also develop policies or
procedures for the review of requests and the allocation of funds. The allowable uses for
the Agricultural Mitigation Fees are:
May 3, 2023 Item #4 Page 250 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 41 Local Coastal Program
a) Restoration of the coastal and lagoon environment including but not limited to
acquisition, management and/or restoration involving wildlife habitat or open
space preservation
b) Purchase and improvement of agricultural lands for continued agricultural
production, or for the provision of research activities or ancillary uses
necessary for the continued production of agriculture and/or aquaculture in the
City’s Coastal Zone, including but not limited to farm worker housing
c) Restoration of beaches for public use including but not limited to: local and
regional sand replenishment programs, vertical and lateral beach access
improvements, trails, and other beach-related improvements that enhance
accessibility, and/or public use of beaches
d) Improvements to existing or proposed lagoon nature centers
For purposes of implementation, neither Option 1 nor Option 2 nor Option 3 shall have
priority over the other.
(4) Underlying Urban Designations of Coastal:
To maximize and expedite the preservation of prime agricultural lands throughout the
state coastal zone, all parcels designated coastal agriculture in the LCP including the
301.38 acre Carltas Property shall have an underlying urban land use designation as
identified on Map Y, and the Carlsbad Ranch Specific Plan. Conversions of coastal
agriculture land permitted by the City in conformance with either Option 1 or Option 2 or
Option 3 as set forth in Policy 2 shall be consistent with the land use designations on Map
Y and the Carlsbad Ranch Specific Plan.
(5) Conversions of Coastal Agriculture Inconsistent with Underlying Urban Designations:
Conversions of parcels designated coastal agriculture that are requested for uses other
than the underlying land use designation on Map Y and the Carlsbad Ranch Specific Plan
shall be subject to an LCP amendment to allow the City and Coastal Commission to
determine the consistency of proposed urban uses with other applicable provisions of the
LCP and the Coastal Act.
(b) Designated Coastal Agricultural Lands
“Designated Coastal Agricultural Lands” are those agricultural lands identified on Map X (See
Exhibit 3.3) attached to the Land Use Plan certified on October 24, 1985. The following are the
lands identified on Map X (See Exhibit 3.3):
May 3, 2023 Item #4 Page 251 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 42 Local Coastal Program
Approximate Acres
Site II 377
Site III 275
Site IV 109
Lusk 93
Bankers 27
Hunt (Mello I LCP Segment) 200
Carltas 301.38
TOTAL: 1,382.38
(c) Permitted Uses on Designated Coastal Agricultural Lands
The land uses described below shall apply to any designated coastal agricultural land which has
not been approved for development.
(1) On any Class I through Class IV Agricultural Lands: (See Exhibit 4.2) the following uses
only are permitted:
a) Cattle, sheep, goats and swine production, provided that the number of anyone or
combination of said animals shall not exceed one animal per half acre of lot area.
Structures for containing animals shall not be located within fifty feet of any
habitable structure on the same parcel, nor within three hundred feet of an
adjoining parcel zoned for residential uses.
b) Crop production.
c) Floriculture.
d) Horses, private use.
e) Nursery crop production.
f) Poultry, rabbits, chinchillas, hamsters and other small animals, provided not more
than twenty-five of any one or combination thereof shall be kept within fifty feet
of any habitable structure, nor within three hundred feet of an adjoining parcel
zoned for residential uses.
g) Roadside stands for display and sale of products produced on the same premises,
with a floor area not exceeding two hundred square feet, and located not nearer
than twenty feet to any street or highway.
h) Tree farms.
i) Truck farms.
j) Wildlife refuges and game preserves.
k) Other uses or enterprises similar to the above customarily carried on in the field of
general agriculture including accessory uses such as silos, tank houses, shops,
barns, offices, coops, stables, corrals, and similar uses required for the conduct of
the uses above.
l) One single family dwelling per existing legal building parcel.
May 3, 2023 Item #4 Page 252 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 43 Local Coastal Program
(2) On any Class V through VIII Agricultural Lands (See Exhibit 4.2) the following uses only
are permitted:
a) All of the permitted uses listed above.
b) Hay and feed stores.
c) Nurseries, retail and wholesale.
d) Packing sheds, processing plants and commercial outlets for farm crops, provided
that such activities are not located within 100 feet of any lot line.
e) Greenhouses, provided all requirements for yard setbacks and height as specified
in Chapter 21.07 of the Code are met.
POLICY 2-2 LCPA 90-08 CARLSBAD RANCH SPECIFIC PLAN "MIXED-USE"
DEVELOPMENT
This policy provides conditional development standards for the area of approximately 423 acres north of
Palomar Airport Road, east of Paseo del Norte, and east of Car Country Drive (See Exhibit 4.3). All
such lands owned either by Carltas or Ecke or their successors in interest shall be permitted, pursuant to
approval of a Specific Plan to convert certain agricultural lands to residential and/or non-residential
(including tourist-serving commercial) development as a means of providing supplementary uses which
will assist in the retention of agricultural and public recreation uses on the remaining portions of these
parcels. It should be noted that residential uses are possible only where they do not conflict with the
Airport Influence Area and where they are compatible with adjacent uses.
(a) Basic Permitted Uses on Existing Legal Parcels – Where each existing legal parcel as of July 14,
1987, (See Exhibit 4.3) is developed individually, permitted uses shall be those described above
in Policy 2-1 C Permitted Uses on Designated Coastal Agricultural Lands.
(b) Uses Conditionally Permissible Pursuant to the Development of the Entire Area Subject to a
Specific Plan.
(1) Consistent with the Carlsbad General Plan residential, commercial (including tourist
serving commercial), and other non-residential uses may be developed on up to 92.6
acres of the approximately 423 acre site subject to a Specific Plan for the entire site.
Development of land within the Agricultural Preserve will be subject to the provisions of
the Williamson Act and specifically the Land Conservation Contract in effect at the time
of development. Additional acreage beyond the 92.6 acres shall be permitted to be
developed subject to approval of a Local Coastal Program Amendment, Specific Plan
Amendment and compliance with Policy 2-1 of the Mello II Land Use Plan.
(2) Development shall be clustered along Palomar Airport Road, Paseo del Norte, and
Cannon Road and clustered on the first major ridge area as designated on Exhibit 4.3A.
(3) Any amendment to the location of the developable area shall be required to prove that
the new area for development is not more suitable for agriculture than the previously
developable area. The intent of this requirement is to cluster development on lands least
suitable for agriculture.
May 3, 2023 Item #4 Page 253 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 44 Local Coastal Program
(4) All remaining lands as shown on Exhibit 4.3 shall as a condition of the Specific Plan be
preserved in agriculture and/or public recreation for as long as feasible. Feasibility shall
be determined for the entire area covered by this restriction. Further, feasibility shall be
subject to the requirements of the Mello II Coastal Agricultural Overlay Zone Section
21.82.060(c).
(5) Pursuant to Section 51257 of the Government Code, the boundaries of the lands
designated for agriculture may be amended.
Item No. 6 on page 8 of Exhibit “C” which deals with the amendment to the Local
Coastal Plan was received by CCC action to read as follows:
(6) As an interim step (prior to a complete Specific Plan) up to a 35 acre portion of the 137
acres of developable land located adjacent and easterly to Phase I of Carlsbad Car
Country may be developed as a Phase II expansion of Carlsbad Car Country pursuant to
a Specific Plan.
(7) The 92.6 acres of developable land includes the remaining developable portion of the
original 482 acre site (See Exhibit 4.3A) that has not been developed.
(8) The Specific Plan shall provide a mix, location and intensity of land uses that are
compatible with and will not adversely impact the long term viability of agricultural
and/or public recreation uses.
(9) All development shall include special treatment buffers either through design or through
physical barriers that stabilize the urban-agricultural boundaries and limit to a level of
insignificance agricultural impacts on the urban uses.
(10) All tenants of developable portions of the site shall be notified as to the requirements of
the Specific Plans and agricultural uses on the designated land.
(11) In implementing the Specific Plan all land owners and tenants within the 423 acre site
shall waive any right to file nuisance claims against normal agricultural operations.
(12) All development shall be located so as to not interfere with normal agricultural
operations including but not limited to cultivation, irrigation, and spraying.
(13) As a condition of approval of either the Specific Plan or the Specific Plan for the Phase II
expansion of Carlsbad Car Country, whichever occurs first, the property owners (Carltas
and/or Ecke or their successors in interest) shall record a deed restriction endorsed by the
Coastal Commission or it successor in interest and the City of Carlsbad that the
agricultural lands identified on Exhibit 4.3 are designated for agricultural uses and any
modification of use shall require an LCP amendment. As a condition to any amendment
to the developable area, the property owner shall execute an amendment to the deed
restriction reflecting the modification to restricted and unrestricted lands.
May 3, 2023 Item #4 Page 254 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 45 Local Coastal Program
(14) It is recognized that roads can function as buffers between dissimilar land uses as well as
providing access to uses. Therefore, roads may be located entirely or partially or not at
all within areas designated for agricultural use. The decision to include or exclude
(either partially or entirely) roads shall be a condition of the coastal development permit
that includes the construction of the road.
(15) In order to tie the eastern and western agricultural areas together the proposed
north/south road shall incorporate a grade separation at its northerly portion. The grade
separation shall be of sufficient dimensions to allow farm vehicles and equipment to
move freely between the east and west and shall remain in place so long as agriculture is
continued east and west of the north-south road.
(16) Concurrent with the construction of the proposed north/south road the developer shall
grade area Y as shown on Exhibit “A,” subject to the satisfaction of the Planning
Director so as to create an area level enough to allow the same type of agriculture that
occurs westerly of the west ridge to continue around the ridge on the south facing slopes
of said ridge. In order to ensure agricultural viability the developer shall amend the soils
after grading the area to be equivalent to the existing Class III Marina soils in capability.
(17) All structures to be located in the future developable area shall be set back a minimum of
25 feet from the adjacent area designated for agriculture.
(18) A solid wall or fence shall be installed around the entire perimeter of the developable
area. The wall (fence) shall be a minimum 6 feet in height and shall be incorporated into
the grading where feasible. The intent of this measure is to provide a physical barrier
between agricultural and urban uses. The wall or fence shall function to both restrict
uncontrolled access into agricultural areas and to reduce drift of dust and spray materials
into urban areas. The perimeter wall or fence shall be constructed concurrent with
development of the property, except that, if the road is built in one phase, which would
open the access through the agricultural lands, an appropriate barrier shall be
incorporated along the roadway. Alternative forms of barriers may be considered
provided they satisfy the intent of this measure.
(19) Windbreaks (landscaped) shall be installed on the developable portions to aid in reducing
the effects of farm spraying and dust generation.
(20) Landscape plant material in the developable area shall be selected for resistance to pests,
particularly aphids, thrips, white fly and spider mites. Landscape plantings shall be
inspected routinely for presence of pests and treated as required to control them. All
pests shall be eliminated by means that do not adversely impact agricultural crops.
(21) Landscaping with herbaceous plantings shall be discouraged, since they are likely to be
hosts of the pests likely to invade the farm crops.
(22) Drainage water from buildings, streets, parking areas and landscape in the development
shall be disposed of through storm drains or otherwise in a manner that will avoid any
runoff onto farming areas whether planted or fallow.
May 3, 2023 Item #4 Page 255 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 46 Local Coastal Program
(23) If development of the proposed developable portion impacts water rates on the
agricultural land then the developer shall subsidize the water rates to the extent that they
equal farm water rates.
(24) The developer shall notify in a manner satisfactory to the City Attorney all tenants/users
of this proposed developable portion that the area is subject to dust, pesticides, and odors
associated with adjacent farm operations and that the tenants/users occupy the area at
their own risk.
(25) The cost of the above mitigation measures shall be borne by the developer and shall not
be passed on to the agricultural operators (existing or future). For all agricultural land
that Carltas or its successor in interest chooses not to farm on a yearly basis, a reasonable
effort shall be made to offer the agricultural land for lease or rent at a value equal to or
less than the average prevailing market rents for similarly situated coastal agricultural
land found within a 30 mile radius of the Carltas property.
(26) As part of a farm operator's lease, there shall be a requirement to keep dirt roads watered
regularly to minimize dust impacts on crops as well as on adjacent non-agricultural uses.
POLICY 2-3 LANDS HISTORICALLY IN AGRICULTURE YET NOT DESIGNATED
COASTAL AGRICULTURE
The following properties which have been in agricultural production in the past shall be permitted to
convert to urban uses. Because of unique circumstances associated with these parcels, conversion to
urban uses would not create any significant adverse impact on the area's agricultural economy, directly
or indirectly, and such conversion would therefore not require the mitigation.
(a) State Owned Parcel Northerly of the Intersection of Palomar Airport Road and Carlsbad
Boulevard
The 20-acre parcel owned by the State of California, APN 210-09-7, located west of the AT&SF
Railroad tracks at the Palomar Airport Road/Carlsbad Boulevard interchange, may be converted
to Public Recreation use. This property is surrounded by major streets and the railroad, with
residential development conflicts arising on the northern and western boundaries. The site will
be needed for beach parking facilities as the demand for beach access increases in the future.
The property should remain in agricultural production until such time as parking facilities can be
constructed by the State of California. Approximately 1,500 parking spaces could be provided
on the site, giving excellent public access to the entire stretch of underdeveloped South Carlsbad
State Beach. (See also Policy 7-9)
(b) Burroughs and Ecke Parcels
The 50-acre parcel owned (APN 210-09-0) by Burroughs Corporation and the 6-acre parcel
(APN 210-09-0) owned by Ecke located south of Cannon Road between I-5 and the AT&SF
Railroad tracks may be converted to commercial uses. These properties are in effect isolated
vacant properties within a developed commercial area. The San Diego Gas and Electric Co.
power plant is located to the north, a major retail commercial development (“Car Country”) is
immediately across the freeway to the east, industrial development is on the southern boundary,
and residential development is to the west separated by the AT&SF Railroad tracks and the
State-owned property described in Policy 2-3 a. above.
May 3, 2023 Item #4 Page 256 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 47 Local Coastal Program
(c) Ukegawa Parcel
The 13.89 acre parcel (APN 212-040-25) owned by Ukegawa, located on the south side of
Palomar Airport Road, may be converted to industrial uses that should be supportive of the
agricultural economy. The site has not been in use for field crop production for many years, and
has been the subject of numerous authorized and unauthorized fills in recent years. Because of
the substantial importation of fill dirt, the site cannot be designated as possessing agricultural
soils. Because of the access available to Palomar Airport Road on the parcel, and its location
between agricultural lands and developed industrial uses to the east, the site shall be designated
for Planned Industrial use, and should be developed for agricultural processing purposes.
Conversion of these parcels to urban uses will complete the development of established
developed areas, thereby contributing to the creation of stable urban/rural boundaries. Such
conversion should reduce market pressures for the conversion to urban uses of other agricultural
lands suitable for continued agricultural production.
POLICY 2-4 SMALL SCATTERED INEFFECTIVE AGRICULTURAL LANDS
Approximately 100 acres of agricultural use are located in scattered parcels along El Camino Real both
north and south of Aqua Hedionda Lagoon. The small individual size of these parcels, together with the
fact that they are not contiguous, precludes their effective use as agricultural land in the future. These
lands are therefore designated for residential development, at a maximum density of one dwelling unit
per acre as rural residential estate Section 21.09 or as residential agriculture zone, Section 21.08 of
Carlsbad Zoning Ordinance. No further land divisions shall be allowed in the area under current
agricultural production except in compliance with these policies.
POLICY 2-5 CITY SUPPORT OF FARM COOPERATIVE/FLOWER AUCTION
The City supports the efforts of the floriculture industry and/or the University of California Extension
Service to establish a farm cooperative and/or flower auction in the North San Diego County area.
POLICY 2-6 CITY SUPPORT OF EFFICIENT AGRICULTURAL WATER USAGE
The City will take measures to reduce the reliance of agricultural users on imported water. The City will
seek reductions in per capita water consumption and will support efforts at reclaiming sewage effluent
for re-use in agricultural production, and will seek to capture runoff waters in appropriate areas for use
in agricultural production.
POLICY 2-7 CITY SUPPORT OF LOW COST AGRICULTURAL WATER
The City supports the policy of the Metropolitan Water District and its member agencies to provide
water to agricultural users at a lower rate than to domestic users, and recommends that the Metropolitan
Water District offer its agricultural water rate only to lands designated for agricultural use in the Land
Use Element of the General Plan of the City. The City also encourages the San Diego County Water
Authority and the local retail water agencies to consider additional reductions in the agricultural water
rate.
May 3, 2023 Item #4 Page 257 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 48 Local Coastal Program
POLICY 2-8 CITY SUPPORT OF AGRICULTURAL DRAINAGE PROJECTS
The City will support proposals for public expenditures for minor drainage improvements and other
similar projects which are designed to make land more suitable for agricultural use, within areas
designated in the Land Use Element of the General Plan for continued agricultural use.
POLICY 2-9 AGRICULTURAL LABOR FORCE
The City intends to keep the Federal Government well-informed regarding local agriculture's reliance on
a foreign labor force, and will ensure that Federal officials are cognizant of local needs so that any
contemplated changes in Federal immigration laws or policies will not be made without consideration of
those needs.
POLICY 2-10 CITY SUPPORT OF COUNTY FARM ADVISOR AND AGRICULTURAL
COMMISSION
The City will continue to support the County Farm Advisor and the Agriculture Commissioners in their
respective educational and regulatory roles intended to provide advice to agriculturists and home
gardeners, to direct the 4-H program, and to ensure that pesticides are properly used.
3. ENVIRONMENTALLY SENSITIVE HABITAT AREAS
POLICY 3-1 CARLSBAD HABITAT MANAGEMENT PLAN
Certain areas of Carlsbad coastal zone have very high habitat value. These areas are not suitable for
farming. These areas exhibit a large number and diversity of both plant and animal species, several of
which are threatened because of extensive conversion of mixed Chaparral and Coastal Sage Scrub
habitats to urban or agricultural uses. Also, well-established and well-maintained vegetation is a major
deterrent to soil erosion and attendant difficulties.
The Carlsbad Habitat Management Plan (HMP) is a comprehensive, citywide program to identify how
the city, in cooperation with federal and state agencies, can preserve the diversity of habitat and protect
sensitive biological resources within the city and the Coastal zone.
The HMP has been prepared as part of the San Diego County Multiple Habitat Conservation Program
(MHCP). The MHCP will establish a coordinated habitat preserve system to protect listed species and
rare native vegetation while accommodating regional development needs. The HMP provides a
comprehensive plan for creation and management of proposed preserve areas in the coastal zone, along
with appropriate criteria for development requirements and delineation of development/preservation
boundaries. The creation of an effective habitat preserve requires a careful balancing of acquisition,
preservation and mitigation requirements, as well as enforceable monitoring, remediation, and an
adequately funded maintenance program for the preserve area.
Section 30240(a) of the Coastal Act establishes a specific mandate for resource preservation. It states, in
part, “(e)nvironmentally sensitive habitat areas shall be protected against any significant disruption of
habitat values...” Environmentally sensitive habitat area (ESHA) is defined in Section 30107.5 of the
Coastal Act as "any area in which plant or animal life or their habitats are either rare or especially
valuable because of their special nature or role in an ecosystem and which could be easily disturbed or
degraded by human activities and developments."
May 3, 2023 Item #4 Page 258 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 49 Local Coastal Program
The regional nature of the habitat preservation effort sets the MHCP and HMP apart from other plans
affecting ESHA, where the noncomprehensive nature of the plans and lack of regional resource
protection standards require more stringent limitations to coastal ESHA impacts for individual sites.
The clustering and concentration of development away from sensitive areas that will result from the
proposed standards contained in the HMP and identified in the policies below will provide a larger, more
contiguous preserve area than if development on the same properties were to be approved on a lot-by-lot
basis.
3-1.1 Habitat Management Plan
The document titled "Habitat Management Plan for Natural Communities in the City of Carlsbad,
December 1999 with Two Addenda" (hereafter referred to as HMP) is incorporated herein by reference.
The Second Addendum dated December 2002 contains additional conservation standards and habitat
protection policies that apply within the Coastal Zone. The HMP has been developed so as to implement
and be consistent with all other provisions of this LCP, as amended. Any changes to the HMP that affect
development within the coastal zone (including, but not limited to, changes to mitigation requirements)
shall be certified by the Coastal Commission as LCP amendments prior to becoming effective.
3-1.2 Environmentally Sensitive Habitat Areas (ESHA)
Pursuant to Section 30240 of the California Coastal Act, environmentally sensitive habitat areas, as
defined in Section 30107.5 of the Coastal Act, shall be protected against any significant disruption of
habitat values, and only uses dependent on those resources shall be allowed within those areas.
3-1.3 Coastal Sage Scrub
Coastal Sage Scrub is a resource of particular importance to the ecosystems of the Coastal Zone, due in
part to the presence of the Coastal California gnatcatcher (Federal Threatened) and other species.
Properties containing Coastal Sage Scrub shall conserve a minimum 67% of the Coastal Sage Scrub and
75% of the gnatcatchers onsite, Conservation of gnatcatchers shall be determined in consultation with
the wildlife agencies.
3-1.4 Oak Woodland
Oak woodland is a closed to relatively open stand of trees within which a dominant tree species is a
species of Oak. In coastal southern California, that species is generally Coast Live oak (Quercus
agrifolia), which is commonly found on slopes and riparian situations. Shrubs vary from occasional to
common, and the herb layer is often continuous and dominated by a variety of annual grasses.
3-1.5 Streams
A stream is a topographical feature with a clear bed and bank that periodically conveys water.
3-1.6 Ephemeral Drainages and Ephemeral Streams
Ephemeral drainages and ephemeral streams are topographic features that convey water, but only during
and shortly after rainfall events in a typical year.
May 3, 2023 Item #4 Page 259 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 50 Local Coastal Program
3-1.7 Wetlands
Pursuant to California Public Resources Code Section 30121 and Title 14, California Code of
Regulations Section 13577(b), 'wetland' means lands within the coastal zone, which may be covered
periodically or permanently with shallow water and include saltwater marshes, freshwater marshes, open
or closed brackish water marshes, swamps, mudflats, and fens. Wetland shall include land where the
water table is at, near, or above the land surface long enough to promote the formation of hydric soils or
to support the growth of hydrophytes, and shall also include those types of wetlands where vegetation is
lacking and soil is poorly developed or absent as a result of frequent and drastic fluctuations of surface
water levels, wave action, water flow, turbidity or high concentrations of salts or other substances in the
substrate. A preponderance of hydric soils or a preponderance of wetland indicator species shall be
considered presumptive evidence of wetland conditions.
Wetlands shall be delineated following the definitions and boundary descriptions in Section 13577 of the
California Code of Regulations.
Pursuant to California Public Resources Code Section 30233, no impacts to wetlands shall be allowed
except as follows:
a. The diking, filling, or dredging of open coastal waters, wetlands, estuaries, and lakes shall be
permitted in accordance with other applicable provisions of this division, where there is no
feasible less environmentally damaging alternative, and where feasible mitigation measures have
been provided to minimize adverse environmental effects, and shall be limited to the following:
(1) New or expanded port, energy, and coastal-dependent industrial facilities, including
commercial fishing facilities.
(2) Maintaining existing, or restoring previously dredged, depths in existing navigational
channels, turning basins, vessel berthing and mooring areas, and boat launching ramps.
(3) In wetland areas only, entrance channels for new or expanded boating facilities; and in a
degraded wetland, identified by the Department of Fish and Game pursuant to
subdivision (b) of Section 30411, for boating facilities if, in conjunction with such
boating facilities, a substantial portion of the degraded wetland is restored and
maintained as a biologically productive wetland. The size of the wetland area used for
boating facilities, including berthing space, turning basins, necessary navigation
channels, and any necessary support service facilities, shall not exceed 25 percent of the
degraded wetland.
(4) In open coastal waters, other than wetlands, including streams, estuaries, and lakes, new
or expanded boating facilities and the placement of structural pilings for public
recreational piers that provide public access and recreational opportunities.
(5) Incidental public service purposes, including but not limited to, burying cables and pipes
or inspection of piers and maintenance of existing intakes and outfall lines.
(6) Mineral extraction, including sand for restoring beaches, except in environmentally
sensitive areas.
May 3, 2023 Item #4 Page 260 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 51 Local Coastal Program
(7) Restoration purposes.
(8) Nature study, aquaculture, or similar resource dependent activities.
b. Dredging and spoils disposal shall be planned and carried out to avoid significant disruption to
marine and wildlife habitats and water circulation. Dredge spoils suitable for beach
replenishment should be transported for such purposes to appropriate beaches or into suitable
long shore current systems.
c. In addition to the other provisions of this section, diking, filling, or dredging in existing estuaries
and wetlands shall maintain or enhance the functional capacity of the wetland or estuary. Any
lagoon alterations shall be limited to very minor incidental public facilities, restorative measures,
and nature study, if otherwise in accordance with this division.
d. Erosion control and flood control facilities constructed on watercourses can impede the
movement of sediment and nutrients, which would otherwise be carried by storm runoff into
coastal waters. To facilitate the continued delivery of these sediments to the littoral zone,
whenever feasible, the material removed from these facilities may be placed at appropriate points
on the shoreline in accordance with other applicable provision of this division, where feasible
mitigation measures have been provided to minimize adverse environmental effects. Aspects
that shall be considered before issuing a coastal development permit for such purposes are the
method of placement, time of year of placement, and sensitivity of the placement area.
3-1.8 Wetland Mitigation Requirements
If impacts to a wetland are allowed consistent with Policy 3-1.7, mitigation shall be provided at a ratio of
3:1 for riparian impacts and 4:1 for saltwater or freshwater wetland or marsh impacts.
3-1.9 No Net Loss of Habitat
There shall be no net loss of Coastal Sage Scrub, Maritime Succulent Scrub, Southern Maritime
Chaparral, Southern Mixed Chaparral, Native Grassland, and Oak Woodland within the Coastal Zone of
Carlsbad. Mitigation for impacts to any of these habitat types, when permitted, shall include a creation
component that achieves the no net loss standard. Substantial restoration of highly degraded areas
(where effective functions of the habitat type have been lost) may be substituted for creation subject to
the consultation and concurrence of the U.S. Fish and Wildlife Service and the California Department of
Fish and Game (wildlife agencies). The Coastal Commission shall be notified and provided an
opportunity to comment upon proposed substitutions of substantial restoration for the required creation
component. Development shall be consistent with Policy 3-1.2 of this section, unless proposed impacts
are specifically identified in the HMP; these impacts shall be located to minimize impacts to Coastal
Sage Scrub and maximize protection of the Coastal California gnatcatcher and its habitat.
3-1.10 Upland Habitat Mitigation Requirements
Where impacts to the habitats stated in 3-1.9 are allowed, mitigation shall be provided as follows:
a. The no net loss standard shall be satisfied as stated in 3-1.9. Typically this will consist of
creation of the habitat type being impacted (or substantial restoration where allowed) at a ratio of
at least 1:1 as provided in the HMP.
May 3, 2023 Item #4 Page 261 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 52 Local Coastal Program
b. Onsite preservation is not eligible for mitigation credit in the coastal zone. Onsite or off-site
open space preserve areas may be utilized to satisfy required mitigation for habitat impacts
associated with development if the preserve areas are disturbed and suitable for restoration or
enhancement, or they are devoid of habitat value and therefore suitable for the 1:1 mitigation
component requiring creation or substantial restoration of new habitat. Substantial restoration is
restoration that has the effect of qualitatively changing habitat type and may meet the creation
requirement if it restores habitat type that was historically present, but has suffered habitat
conversion or such extreme degradation that most of the present dominant species are not part of
the original vegetation. Substantial restoration contrasts with enhancement activities, which
include weeding or planting within vegetation that retains its historical character, and restoration
of disturbed areas to increase the value of existing habitat which may meet other mitigation
requirements pursuant to the HMP.
c. Impacts to Coastal Sage Scrub shall be mitigated at an overall ratio of 2:1, with the creation
component satisfying half of the total obligation. The remainder of the mitigation obligation
shall be satisfied pursuant to the provisions of the HMP.
d. Impacts to Southern Maritime Chaparral or Maritime Succulent Scrub shall be mitigated at an
overall ratio of 3:1, with the creation component satisfying one-third of the total obligation. The
remainder of the mitigation obligation shall be satisfied pursuant to the provisions of the HMP.
e. Impacts to Southern Mixed Chaparral, Native Grassland, and Oak Woodland shall be mitigated
respectively at ratios of 1:1, 3:1, and 3:1 with the creation component satisfying the obligation or
one-third of the total obligation. The remainder of the mitigation obligation shall be satisfied
pursuant to the provisions of the HMP.
f. Mitigation for impacts within the coastal zone should be provided within the coastal zone if
possible, particularly the 1:1 creation component, in order to have no net loss of habitat within
the coastal zone. Mitigation measures on land outside the Coastal Zone may be acceptable if
such mitigation would clearly result in higher levels of habitat protection and value and/or would
provide significantly greater mitigation ratios, and the mitigation area is part of the HMP. Land
area inside and outside the coastal zone which serves as mitigation for habitat impacts in the
coastal zone shall be permanently retired from development potential and secured as part of the
HMP preserve management plan as a condition of development approval.
g. Habitat mitigation requirements other than the creation or substantial restoration component may
be partially or wholly fulfilled by acquisition of existing like habitat and/or retirement of
development credits on existing like habitat with permanent preservation as part of the HMP
preserve management plan.
h. All mitigation areas, onsite and offsite, shall be secured with a conservation easement in favor of
the wildlife agencies. In addition, a preserve management plan shall be prepared for the
mitigation areas, to the satisfaction of the City, the wildlife agencies, and the Coastal
Commission. The preserve management plan shall ensure adequate funding to protect the
preserve as open space and to maintain the biological values of the mitigation areas in perpetuity.
May 3, 2023 Item #4 Page 262 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 53 Local Coastal Program
Management provisions and funding shall be in place prior to any impacts to habitat. At a
minimum, monitoring reports shall be required as a condition of development approval after the
first and third year of habitat mitigation efforts. The preserve management plan shall be
incorporated into the Implementation Plan of the LCP through an LCP amendment within one
year of Commission certification of the HMP as part of the certified LCP.
i. If any conflict should arise between these Policies of the LCP and the provisions of the HMP, the
LCP shall take precedence. If any conflict should arise between the policies of the certified
Mello II LUP and the certified Implementation Plan, the policies of the certified Mello II LUP
shall take precedence.
3-1.11 Highly Constrained Properties
There are properties in the Coastal Zone that are entirely or almost entirely constrained by
environmentally sensitive habitat area (ESHA). In these cases, one of the following additional standards
shall apply:
If more than 80% of the property by area is covered with ESHA at least 75% of the property
shall be conserved, OR
If the City, with the concurrences of the wildlife agencies and the Coastal Commission through
an LCP amendment, approves a Hardline preserve boundary for any of the above-described
properties as part of the HMP, then the amount of onsite preservation as identified in the
Hardline boundary shall apply.
3-1.12 Buffers and Fuel Modification Zones
Buffers shall be provided between all preserved habitat areas and development. Minimum buffer widths
shall be provided as follows:
a. 100 ft. for wetlands
b. 50 ft. for riparian areas
c. 20 ft. for all other native habitats (coastal sage scrub, southern maritime chaparral, maritime
succulent scrub, southern mixed chaparral, native grassland, oak woodland)
Any proposed reductions in buffer widths for a specific site shall require sufficient information to
determine that a buffer of lesser width will protect the identified resources. Such information shall
include, but is not limited to, the size and type of the development and/or proposed mitigation (such as
planting of vegetation or the construction of fencing) that will also achieve the purposes of the buffer.
The California Department of Fish and Game, the U.S. Fish and Wildlife Service, and the Coastal
Commission staff shall be consulted in such buffer determinations.
No development, grading, or alterations, including clearing of vegetation, shall occur in the buffer area,
except for:
a. Modification Zone 3 to a maximum of 20 ft. for upland and non-riparian habitat. No fuel
modification shall take place within 50 ft. of riparian areas, wetlands, or oak woodland.
May 3, 2023 Item #4 Page 263 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 54 Local Coastal Program
b. For buffer areas 50 ft. or greater in width, recreation trails and public pathways within the first
15 feet of the buffer closest to the development, provided that construction of the trail or
pathway and its proposed use is consistent with the preservation goals for the adjacent habitat,
and that appropriate measures are taken for physical separation from sensitive areas.
Buffer areas that do not contain native habitat shall be landscaped using native plants. Signage and
physical barriers such as walls or fences shall be required to minimize edge effects of development.
3-1.13 Invasive Plants
The use of invasive plant species in the landscaping for developments such as those identified in Table
12 of the HMP shall be prohibited.
POLICY 3-2 BUENA VISTA LAGOON
Developments located along the first row of lots bordering Buena Vista Lagoon, including the parcel at
the mouth of the lagoon (See Exhibit 4.5), shall be designated for residential development at a density of
up to 4 dwelling units per acre. Proposed development in this area shall be required to submit
topographic and vegetation mapping and analysis, as well as soils reports, as part of the coastal
development permit application. Such information shall be provided as a part of or in addition to any
required Environmental Impact Report, and shall be prepared by qualified professionals and in sufficient
detail to enable the City to locate the boundary of wetland and upland areas and areas of slopes in excess
of 25%. Topographic maps shall be submitted at a scale sufficient to determine the appropriate
developable areas, generally not less than a scale of 1” – 100’ with a topographic contour interval of 5
feet, and shall include an overlay delineating the location of the proposed project. Criteria used to
identify any wetlands existing on the site shall be those of Section 30121 of the Coastal Act and based
upon the standards of the Local Coastal Program mapping regulations, and shall be applied in
consultation with the State Department of Fish and Game.
Development shall be clustered to preserve open space for habitat protection. Minimum setbacks of at
least 100 feet from wetlands shall be required in all development, in order to buffer such sensitive
habitat areas from intrusion unless otherwise permitted pursuant to Policy 3-1.12. Such buffer areas, as
well as other open space areas required in permitted development to preserve habitat areas, shall be
permanently preserved for habitat uses through provision of an open space easement as a condition of
project approval. In the event that a wetland areas is bordered by steep slopes (in excess of 25%) which
will act as a natural buffer to the habitat area, a buffer area of less than 100 feet in width may be
permitted.
The density of any permitted development shall be based upon the net developable area of the parcel,
excluding any portion of a parcel which is in wetlands.
Storm drain alignments as proposed in the City of Carlsbad Drainage Master Plan which would be
carried through or empty into Buena Vista Lagoon shall not be permitted, unless such improvements
comply with the requirements of Sections 30230, 30231, 30233, and 30235 of the Coastal Act by
maintaining or enhancing the functional capacity of the lagoon in a manner acceptable to the State
Department of Fish and Game.
Land divisions shall only be permitted on parcels bordering the Lagoon pursuant to a single planned unit
development permit for the entire original parcel.
May 3, 2023 Item #4 Page 264 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 55 Local Coastal Program
POLICY 3-3 BATIQUITOS LAGOON
Erosion, drainage, and sedimentation of Batiquitos Lagoon were previously addressed, in the certified
Local Coastal Program prepared by the Coastal Commission for the areas subject to AB462 (Mello I
Segment) (See Exhibit 1.1). Development within the area which is the subject of that plan AB462
(Mello I Segment), and of AB1971 (Mello II Segment), shall also be required to meet those same
policies. Much of the Batiquitos Lagoon watershed is designated in this plan for continued agricultural
use which does not require a coastal development permit. When a coastal development permit is
required, however, conditions shall be imposed which will assure that the permitted development will be
carried out in a manner that assures protection of the water quality of the Lagoon. Removal of major
vegetation, for instance, requires a coastal development permit, and such permitted activity shall be
conditioned to limit the manner, time, and location of vegetation removal so as to minimize soil erosion.
Development shall be clustered to preserve sensitive habitat areas and maintain the maximum amount of
permanent open space feasible. At a minimum, the following policies shall regulate development in
areas adjacent to the lagoon:
a) A minimum setback of 100 feet from the wetland shall be required, with the wetland area
determined as described in Policy 3-2, Buena Vista Lagoon on Page 56.
b) At least two-thirds (2/3) of any permitted development shall be clustered on the half of the
property furthest away from the lagoon at the base of the bluff.
c) Existing mature trees shall be preserved.
d) An offer to dedicate land for public recreation use, in favor of the City of Carlsbad or State
Coastal Conservancy and irrevocable for a term of 21 years, shall be required as a condition of
development. The required land dedication shall be of a size adequate to accommodate public
use facilities including some picnic tables and public parking, and shall include a public access
trail parallel to the lagoon shore of at least 15 feet in width with unobstructed views to the
lagoon.
e) To facilitate provision of public use areas and preservation of environmentally sensitive lands,
and to maintain the outstanding visual resources in the area surrounding the lagoon, an additional
density credit of one dwelling unit per acre of developed land shall be provided for each two and
one half per cent (2½ %) of total lot area, excluding wetlands, which is maintained in open space
and public recreation in excess of fifty per cent (50%) of the total lot area, excluding wetlands.
f) Land divisions shall only be permitted on parcels bordering the lagoon pursuant to a single
planned development permit over the entire original parcel. The base residential density shall be
a maximum of 12 dwelling units per gross acre, excluding wetlands, subject to increase as
provided in Policy 3-3 e) above.
POLICY 3-4 GRADING AND LANDSCAPING REQUIREMENTS
Permitted new development shall comply with the following requirements:
a) All development must include mitigation measures for the control of urban runoff flow rates and
velocities, urban pollutants, erosion and sedimentation in accordance with the requirements of
May 3, 2023 Item #4 Page 265 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 56 Local Coastal Program
the City’s Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation
Plan (SUSMP), City of Carlsbad Drainage Master Plan, and the following additional
requirements. The SUSMP, dated April 2003 and as amended, the City of Carlsbad Drainage
Master Plan are hereby incorporated into the LCP by reference. Development must also comply
with the requirements of the Jurisdictional Urban Runoff Management Program (JURMP) and
the San Diego County Hydrology Manual to the extent that these requirements are not
inconsistent with any policies of the LCP.
b) All graded areas shall be landscaped prior to October 1st of each year with either temporary or
permanent landscaping materials, to reduce erosion potential. Such landscaping shall be
maintained and replanted if not well-established by December 1st following the initial planting.
c) Prior to making land use decisions, the City shall utilize methods available to estimate increases
in pollutant loads and flows resulting from proposed future development. The City shall require
developments to incorporate structural and non-structural best management practices (BMPs) to
mitigate the projected increases in pollutant loads and minimize any increases in peak runoff
rate.
d) Water pollution prevention methods shall be implemented to the maximum extent practicable,
and supplemented by pollutant source controls and treatment. Small collection strategies located
at, or as close as possible to, the source (i.e., the point where water initially meets the ground) to
minimize the transport of urban runoff and pollutants offsite and into a municipal separate storm
sewer system (MS4) shall be utilized.
e) Post-development runoff from a site shall not contain pollutant loads which cause or contribute
to an exceedance of receiving water quality objectives or which have not been reduced to the
maximum extent practicable.
f) Development projects should be designed to comply with the following site design principles:
1. Protect slopes and channels to decrease the potential for slopes and/or channels from
eroding and impacting storm water runoff.
2. To the extent practicable, cluster development on the least environmentally sensitive
portions of a site while leaving the remaining land in a natural undisturbed condition.
3. Preserve, and where possible, create or restore areas that provide important water quality
benefits, such as riparian corridors, wetlands and buffer zones. Land acquisition of such
areas shall be encouraged.
4. Provide development-free buffer zones for natural water bodies.
5. Minimize the amount of impervious surfaces and directly connected impervious surfaces
in areas of new development and redevelopment.
6. Where feasible implement site design/landscape features to slow runoff and maximize
on-site infiltration of runoff.
7. Properly design outdoor material storage areas (including the use of roof or awning
covers) to minimize the opportunity for toxic compounds, oil and grease, heavy metals,
nutrients, suspended solids and other pollutants from entering the storm water
conveyance system.
8. Incorporate roof or awning covers over trash storage areas to prevent off-site transport of
trash and other pollutants from entering the storm water conveyance system.
May 3, 2023 Item #4 Page 266 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 57 Local Coastal Program
9. Limit disturbances of natural water bodies and natural drainage systems caused by
development including roads, highways and bridges.
10. Design streets and circulation systems to reduce pollutants associated with vehicles and
traffic resulting from development.
g) Priority projects identified in the SUSMP will incorporate structural BMPs and submit a Water
Quality Technical Report as specified in the NPDES permit and in the SUSMP.
h) Structural BMPs used to meet SUSMP requirements for priority projects shall be based on the
California Stormwater Quality Association (CASQA) Stormwater Best Management Practice
(BMP) Handbook, dated January 2003 or the current version of that publication, and designed to
meet, infiltrate, filter or treat the runoff produced from each storm event up to and including the
85th percentile 24-hour storm event.
i) Priority projects will include projects increasing impervious area by more than 2,500 square feet
or by more than 10% of existing impervious area, that are in, adjacent to or drain directly to
Environmentally Sensitive Areas (ESA), identified in the City of Carlsbad Standard Urban
Storm Water Mitigation Plan (SUSMP) dated April 2003, using the definitions of “adjacent to”
and “draining directly to” that are found in the SUSMP.
j) The City shall include requirements in all coastal development permit approvals to inspect and
maintain required BMPs for the life of the project.
k) The City will encourage and support public outreach and education regarding the potential water
quality impacts of development.
l) Development shall minimize land disturbance activities during construction (e.g., clearing,
grading and cut-and-fill), especially in erosive areas (including steep slopes, unstable areas and
erosive soils), to minimize impacts on water quality of excessive erosion and sedimentation.
Development shall incorporate soil stabilization BMPs on disturbed areas as soon as feasible.
m) Projects within 200 feet of the Pacific Ocean shall be dealt with as “Projects Discharging to
Receiving Waters within Environmentally Sensitive Areas” as defined in Appendix I of the
SUSMP, including being treated as a priority project if they create more than 2,500 square feet
of impermeable surface or increase the impermeable surface on the property by more than 10%.
n) Although residential developments of less than 10 units, including single family residences, are
generally exempt from the SUSMP priority project requirements, they shall meet those
requirements, including achievement of the numerical sizing standard, if they are in, within 200
feet of, or discharging directly to an ESA, including the Pacific Ocean; or shall provide a written
report signed by a licensed civil engineer showing that as the project is designed they are
mitigating polluted runoff, including dry weather nuisance flows, to the maximum extent
practicable.
o) Detached residential homes shall be required to use efficient irrigation systems and landscape
designs or other methods to minimize or eliminate dry weather flow, if they are within 200 feet
of an ESA, coastal bluff or rocky intertidal areas.
p) The following minor revisions may occur to the Carlsbad SUSMP Storm Water Standards dated
April 2003 without an LCP amendment:
May 3, 2023 Item #4 Page 267 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 58 Local Coastal Program
1. Addition of new Best Management Practices (BMPs) found to be more protective of
water quality than current BMPs or removal of BMPs found to be ineffective. (This does
not include removal of BMPs or categories of BMPs on the basis that the City finds them
to be infeasible or impracticable.)
2. Addition of new development categories as Priority Projects.
3. Addition of new coastal waters to the map of Environmentally Sensitive Areas.
4. Reduction in the area of impervious surfaces used to designate a specific category of
Priority Project.
q) Any minor changes made pursuant to the above list shall be accompanied by a finding that the
changes will improve and better protect coastal water quality. The City Engineer or Planning
Director shall notify the Executive Director in writing of any of the above listed changes. For
any changes not included in the above list, the City shall contact the Executive Director to
determine whether an LCP amendment is necessary, and if necessary, shall subsequently apply
for an LCP amendment for the changes.
POLICY 3-5 KELLY RANCH/MACARIO CANYON AREA
(a) Maximum Density of Development
Residential densities in the 433-acre Kelly Ranch shall be permitted and based on the underlying
LCP Land Use designation. The residential land use designations shall represent the maximum
density permitted subject to application of requested density bonuses pursuant to Chapter 21.86
of the Carlsbad Municipal Code and the applicable resource protection provisions of the certified
LCP.
Approximately 2.8 acres located adjacent to and west of Cannon Road, CDP 98-47 are
designated Open Space with an interpretive center for Agua Hedionda Lagoon designated as an
allowable use.
(b) Coastal Commission Permit 6-84-617 Agriculture
Agricultural preservation policies for the 433-acre Kelly Ranch have been deleted by LCP
amendment of 1-85.
(c) Preservation of Steep Slopes, Sensitive Vegetation and Erosion Control
Any development proposal that affects steep slopes (25% inclination or greater) shall be required
to prepare a slope map and analysis for the affected slopes. The slope mapping and analysis
shall be prepared during CEQA environmental review on a project-by-project basis and shall be
required as a condition of a coastal development permit.
(1) Areas and Slopes Possessing Endangered Species and/or Coastal Sage Scrub and
Chaparral Plant communities – For those slopes possessing endangered plant/animal
species and/or coastal sage scrub and chaparral plant communities, the following policy
language applies:
a) Coastal Sage Scrub and Chaparral plant communities shall be preserved in their
natural state within designated open space areas shown on the LCP Kelly Ranch
Open Space map.
May 3, 2023 Item #4 Page 268 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 59 Local Coastal Program
b) Restoration of the disturbed areas within the delineated open space shall be
required as a condition of subdivision approval and shall be developed in
consultation with the Department of Fish and Game. The disturbed areas shall be
revegetated and existing vegetation enhanced with native species to serve as
upland transitional habitat to low-lying wetlands and environmentally sensitive
habitat areas north and west of Cannon Road. The restoration and enhancement
plan shall include a maintenance and monitoring component to assure long-term
productivity and continuance of the habitat value.
c) Upon dedication of a conservation easement or in fee dedication, or upon
recordation of offers to dedicate the Kelly Ranch Open Space to the City of
Carlsbad or other public entity, development of steep slopes over 25% grade may
occur in areas outside the designated open space. Such encroachment shall be
approved by the Department of Fish and Game and the U.S. Fish and Wildlife
Service as consistent with the State and Federal Endangered Species Act.
Dedication will assure preservation of a viable upland habitat corridor and scenic
hillsides.
d) Slopes and habitat areas within the designated open space shall be placed in a
permanent open space conservation easement or dedicated in fee as a condition
of subdivision approval. The purpose of the open space easement shall be to
reduce the potential for localized erosion and slide hazards, to prohibit the
removal of native vegetation except for creating authorized firebreaks and/or
planting fire retardant vegetation and to protect visual resources of importance to
the entire community. The easement shall be granted to the City of Carlsbad to
be maintained and managed as part of the LCP open space system for Kelly
Ranch.
(2) Drainage and Runoff Rates – Drainage and runoff shall be controlled so as not to exceed
at any time the rate associated with the property in its present state, and appropriate
measures shall be taken on and/or offsite to prevent siltation of lagoons and other
environmentally sensitive areas.
(3) Installation Timing of Drainage and Runoff Control Measures – The appropriate
measures shall be installed prior to onsite grading.
(d) Brush Management – A fire suppression plan shall be required for all residential development
adjacent to designated open space subject to approval by the City of Carlsbad Fire Department.
The fire suppression plan shall incorporate a combination of building materials, sufficient
structural setbacks from native vegetation and selective thinning designed to assure safety from
fire hazard, protection of native habitat, and landscape screening of the residential structures. No
portions of brush management Zone 1 and 2 as defined in the City of Carlsbad Landscape
Manual shall occur in designated open space areas. Zone 3 may be permitted within designated
open space upon written approval of the Fire Department and only when native fire retardant
planting is permitted to replace high and moderate fuel species required to be removed.
(e) Siting/Parking – Due to severe site constraints, innovative siting and design criteria (including
shared use of driveways, clustering, tandem parking, pole construction) shall be incorporated to
minimize paved surface area. Dwelling units shall be clustered in the relatively flat portions of
the site.
May 3, 2023 Item #4 Page 269 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 60 Local Coastal Program
(g) Roads in Open Space – Access roads shall be a permitted use within designated open space
subject to an approved coastal development permit, only when necessary to access flatter areas
and when designed to be the least environmentally damaging feasible alternative. Wildlife
corridors shall be required when necessary to facilitate wildlife movement through the open
space area.
(h) Other Uses in Open Space – The designated open space on Planning Area D may be modified to
accommodate daycare facilities and RV parking which meet the following criteria, subject to an
approved coastal development permit:
1) In no case shall the designated open space corridor be less than 800 feet including the
desiltation basin on Planning Area E;
2) No development shall encroach into jurisdictional wetlands mapped by the ACOE;
3) The facilities shall be located on the least environmentally sensitive portion of the site
and within non-native grassland and/or disturbed agricultural area to the maximum
extent possible; and
4) The area utilized for these uses shall be the minimum size necessary to satisfy the
requirements of the City of Carlsbad Zoning Code.
(i) Water Quality:
a. All development must include mitigation measures for the control of urban runoff flow
rates and velocities, urban pollutants, erosion and sedimentation in accordance with the
requirements of the City’s Grading Ordinance, Storm Water Ordinance, Standard Urban
Storm Water Mitigation Plan (SUSMP), City of Carlsbad Drainage Master Plan, and the
following additional requirements. The SUSMP, dated April 2003 and as amended, the
City of Carlsbad Drainage Master Plan are hereby incorporated into the LCP by reference.
Development must also comply with the requirements of the Jurisdictional Urban Runoff
Management Program (JURMP) and the San Diego County Hydrology Manual to the
extent that these requirements are not inconsistent with any policies of the LCP.
b. Prior to making land use decisions, the City shall utilize methods available to estimate
increases in pollutant loads and flows resulting from proposed future development. The
City shall require developments to incorporate structural and non-structural best
management practices (BMPs) to mitigate the projected increases in pollutant loads and
minimize any increases in peak runoff rate.
c. Water pollution prevention methods shall be implemented to the maximum extent
practicable, and supplemented by pollutant source controls and treatment. Small
collection strategies located at, or as close as possible to, the source (i.e., the point where
water initially meets the ground) to minimize the transport of urban runoff and pollutants
offsite and into a municipal separate storm sewer system (MS4) shall be utilized.
d. Post-development runoff from a site shall not contain pollutant loads which cause or
contribute to an exceedance of receiving water quality objectives or which have not been
reduced to the maximum extent practicable.
May 3, 2023 Item #4 Page 270 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 61 Local Coastal Program
e. Development projects should be designed to comply with the following site design
principles:
1. Protect slopes and channels to decrease the potential for slopes and/or channels
from eroding and impacting storm water runoff.
2. To the extent practicable, cluster development on the least environmentally
sensitive portions of a site while leaving the remaining land in a natural
undisturbed condition.
3. Preserve, and where possible, create or restore areas that provide important water
quality benefits, such as riparian corridors, wetlands and buffer zones. Land
acquisition of such areas shall be encouraged.
4. Provide development-free buffer zones for natural water bodies.
5. Minimize the amount of impervious surfaces and directly connected impervious
surfaces in areas of new development and redevelopment.
6. Where feasible implement site design/landscape features to slow runoff and
maximize on-site infiltration of runoff.
7. Properly design outdoor material storage areas (including the use of roof or
awning covers) to minimize the opportunity for toxic compounds, oil and grease,
heavy metals, nutrients, suspended solids and other pollutants from entering the
storm water conveyance system.
8. Incorporate roof or awning covers over trash storage areas to prevent off-site
transport of trash and other pollutants from entering the storm water conveyance
system.
9. Limit disturbances of natural water bodies and natural drainage systems caused by
development including roads, highways and bridges.
10. Design streets and circulation systems to reduce pollutants associated with
vehicles and traffic resulting from development.
f. Priority projects identified in the SUSMP will incorporate structural BMPs and submit a
Water Quality Technical Report as specified in the NPDES permit and in the SUSMP.
g. Structural BMPs used to meet SUSMP requirements for priority projects shall be based
on the California Stormwater Quality Association (CASQA) Stormwater Best
Management Practice (BMP) Handbook, dated January 2003 or the current version of that
publication, and designed to meet, infiltrate, filter or treat the runoff produced from each
storm event up to and including the 85th percentile 24-hour storm event.
h. Priority projects will include projects increasing impervious area by more than 2,500
square feet or by more than 10% of existing impervious area, that are in, adjacent to or
drain directly to Environmentally Sensitive Areas (ESA), identified in the City of
Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP) dated April 2003, using
the definitions of “adjacent to” and “draining directly to” that are found in the SUSMP.
i. The City shall include requirements in all coastal development permit approvals to inspect
and maintain required BMPs for the life of the project.
j. The City will encourage and support public outreach and education regarding the
potential water quality impacts of development.
May 3, 2023 Item #4 Page 271 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 62 Local Coastal Program
k. Development shall minimize land disturbance activities during construction (e.g.,
clearing, grading and cut-and-fill), especially in erosive areas (including steep slopes,
unstable areas and erosive soils), to minimize impacts on water quality of excessive
erosion and sedimentation. Development shall incorporate soil stabilization BMPs on
disturbed areas as soon as feasible.
l. Projects within 200 feet of the Pacific Ocean shall be dealt with as “Projects Discharging
to Receiving Waters within Environmentally Sensitive Areas” as defined in Appendix I of
the SUSMP, including being treated as a priority project if they create more than 2,500
square feet of impermeable surface or increase the impermeable surface on the property
by more than 10%.
m. Although residential developments of less than 10 units, including single family
residences, are generally exempt from the SUSMP priority project requirements, they
shall meet those requirements, including achievement of the numerical sizing standard, if
they are in, within 200 feet of, or discharging directly to an ESA, including the Pacific
Ocean; or shall provide a written report signed by a licensed civil engineer showing that
as the project is designed they are mitigating polluted runoff, including dry weather
nuisance flows, to the maximum extent practicable.
n. Detached residential homes shall be required to use efficient irrigation systems and
landscape designs or other methods to minimize or eliminate dry weather flow, if they are
within 200 feet of an ESA, coastal bluffs or rocky intertidal areas.
o. The following minor revisions may occur to the Carlsbad SUSMP Storm Water Standards
dated April 2003 without an LCP amendment:
1. Addition of new Best Management Practices (BMPs) found to be more protective
of water quality than current BMPs or removal of BMPs found to be ineffective.
(This does not include removal of BMPs or categories of BMPs on the basis that
the City finds them to be infeasible or impracticable.)
2. Addition of new development categories as Priority Projects.
3. Addition of new coastal waters to the map of Environmentally Sensitive Areas.
4. Reduction in the area of impervious surfaces used to designate a specific category
of Priority Project.
p. Any minor changes made pursuant to the above list shall be accompanied by a finding
that the changes will improve and better protect coastal water quality. The City Engineer
or Planning Director shall notify the Executive Director in writing of any of the above
listed changes. For any changes not included in the above list, the City shall contact the
Executive Director to determine whether an LCP amendment is necessary, and if
necessary, shall subsequently apply for an LCP amendment for the changes.
In addition the following shall apply:
New development and significant redevelopment of private and publicly owned properties, must
incorporate design elements and/or Best Management Practices (BMPs) which will effectively
prevent runoff contamination, and minimize runoff volume from the site in the developed
condition, to the greatest extent feasible. At a minimum, the following specific requirements
shall be applied to development of type and/or intensity listed below:
May 3, 2023 Item #4 Page 272 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 63 Local Coastal Program
Residential Development
Development plans for, or which include residential housing development with greater than 10
housing units shall include a drainage and polluted runoff control plan prepared by a licensed
engineer, designed to infiltrate, filter or treat the volume of runoff produced from each and every
storm event up to and including the 85th percentile 24-hour runoff event, prior to conveying
runoff in excess of this standard to the stormwater conveyance system. The plan shall be
reviewed and approved by the consulting soils engineer or engineering geologist to ensure the
plan is in conformance with their recommendations. The plan shall be designed in consideration
of the following criteria, and approved prior to issuance of a coastal development permit:
a) Maximize the percentage of permeable surfaces and green space to allow more
percolation of runoff into the ground and/or design site with the capacity to convey or
store peak runoff from a storm and release it at a slow rate so as to minimize the peak
discharge into storm drains or receiving water bodies;
b) Use porous materials for or near walkways and driveways where feasible;
c) Incorporate design elements which will serve to reduce directly connected impervious
area where feasible. Options include the use of alternative design features such as
concrete grid driveways, and/or pavers for walkways
d) Runoff from driveways, streets and other impervious surfaces shall be collected and
directed through a system of vegetated and/or gravel filter strips or other media devices,
where feasible. Selected filter elements shall be designed to 1) trap sediment, particulates
and other solids and 2) remove or mitigate contaminants through infiltration and/or
biological uptake. The drainage system shall also be designed to convey and discharge
runoff from the building site in a non-erosive manner.
e) Selected BMPs shall be engineered and constructed in accordance with the design
specifications and guidance contained in the California Stormwater Best Management
Practices Handbook (Municipal).
f) The plan must include provisions for regular inspection and maintenance of structural
BMPs, for the life of the project.
Parking Lots
Development plans for, or which include parking lots greater than 5,000 sq. ft. in size and/or with
25 or more parking spaces, susceptible to stormwater, shall:
a) Incorporate BMPs effective at removing or mitigating potential pollutants of concern such
as oil, grease, hydrocarbons, heavy metals, and particulates from stormwater leaving the
developed site, prior to such runoff entering the stormwater conveyance system, or any
receiving water body. Options to meet this requirement include the use of vegetative
filter strips or other media filter devices, clarifiers, grassy swales or berms, vacuum
devices or a combination thereof. Selected BMPs shall be designed to collectively
infiltrate, filter or treat the volume of runoff produced from each and every storm event up
May 3, 2023 Item #4 Page 273 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 64 Local Coastal Program
to and including the 85th percentile 24-hour runoff event. BMPs shall be engineered and
constructed in accordance with the guidance and specifications provided in the California
Stormwater Best Management Practices Handbooks (Commercial and Industrial).
All Development
a) A public education program designed to raise the level of awareness of water quality
issues around the lagoon including such elements as catch basin stenciling and public
awareness signs;
b) A landscape management plan that includes herbicide/pesticide management.
Such measures shall be incorporated into project design through a water quality/urban
runoff control plan and monitoring program to ensure the discharge from all proposed
outlets is consistent with local and regional standards. Such measures shall be required as
a condition of coastal development permit approval at the subdivision and/or development
stage, as appropriate.
(j) Vista Points – Public vista points shall be provided at two locations, one in Planning Area J and
the other either entirely within Planning Area L or including portions of Planning Area L and the
disturbed high points of adjacent Planning Area D, to provide views of the Pacific Ocean, Agua
Hedionda Lagoon and its environs, and shall be accessible to the public at large. Vista points
may be located in disturbed open space areas subject to approval by the Department of Fish and
Game. Support parking shall be provided and may be located either on-street or off-street within
close proximity to the vista point(s). Dedications necessary to provide the vista points and access
to the vista points shall be a condition of coastal development permit approval at the subdivision
stage.
(k) Public Trails – A public trails system that links Agua Hedionda Lagoon, the interpretive center,
the street system, open space areas and public vista point(s) shall be provided in consultation with
California Department of Fish and Game. Trails provided outside of the public right-of-way shall
be dedicated by easement as a condition of subdivision approval. Trail improvements may be a
combination of sidewalks within the public right-of-way and, for segments located outside of the
public right-of-way, as defined in the Open Space Conservation and Resource Management Plan.
Trails shall be installed concurrent with residential development and are indicated on Exhibit 19
(Conceptual Open Space & Conservation Map).
(l) Public Streets/Gated Communities – The street systems shall provide public access and support
parking for the public trail system and vista points in the residential developments located in
Planning Areas J, K and L of Kelly Ranch. Public access may be provided through public
streets, or private streets with public access easements or deed restriction. Private gated
communities shall not be permitted within those planning areas.
POLICY 3-6 SEAPOINTE / ENCINAS CREEK
Permitted uses within the wetlands and designated upland buffer of the Ward property (portion of Parcel
#214-010-01) shall be limited to access paths in uplands, aquaculture, fencing, nature study projects or
similar resource dependent uses, wetland restoration projects and other improvements necessary to
protect wetlands.
May 3, 2023 Item #4 Page 274 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 65 Local Coastal Program
POLICY 3-7 CITY OWNED LANDS ADJACENT TO MACARIO CANYON AND VETERANS
MEMORIAL PARK
The City of Carlsbad owns approximately 521 acres in and adjacent to Macario Canyon. A municipal
golf course has been proposed for a portion of the property, and a public park is planned for another
portion. Development of the property shall be subject to the following policies regarding protection of
habitat:
a. The impact and conservation areas for the Municipal Golf Course are shown as a Hardline
design in the HMP (Figure 8 Revised), and which shall serve as the standard of review for
determining areas in which development may occur in the future. Areas shown for conservation
shall not be impacted or disturbed except for revegtation, restoration and other similar activities
related to mitigation. Areas shown for impact may be fully developed with appropriate
mitigation.
b. Any impacts to Coastal Sage Scrub shall be mitigated by on-site creation at a rate of 2:1 in
compliance with the no net loss standard stated in Policy 3-1.2. Onsite revegetation or
restoration may be done on agricultural, disturbed or non-native grassland areas. For impacts to
the Coastal California gnatcatcher, additional mitigation shall be provided by acquisition and
preservation at a 1:1 ratio of land supporting gnatcatchers. Impacts to dual criteria slopes shall
not exceed 10% in compliance with Policy 4-3(b).
c. In order to provide a viable north-south wildlife corridor across Macario Canyon, the area shown
on the HMP Hardline map as “Veterans Memorial Park Wildlife Corridor” shall be conserved
concurrent with any impacts to the Macario Canyon property. No development shall occur
within the Wildlife Corridor except a designated trail and rest areas along the trail.
d. Protection and management of all mitigation areas shall be consistent with Policy 3-1.10.f and h.
e. The area shown as “Veterans Memorial Park Development Area” is designated for public
recreational use. It is the intent of this policy that the public park area be developed so as to
maximize public access and provide a variety of recreational opportunities. Development within
steep slopes and/or native vegetation shall be limited to passive recreational facilities, such as
recreational trails and picnic areas. Within the proposed development areas, grading of steep
slope areas with native vegetation shall be limited to the minimum amount necessary to allow
such uses.
f. Segments of the Citywide Trail System viewpoints and other opportunities for public access
shall be incorporated into the development areas.
g. In the riparian area of Macario Canyon Creek, two crossings shall be allowed, as shown in the
HMP Hardline exhibit. Crossing #1 shall utilize the existing farm road. Crossing #2 shall utilize
a bridge span structure. No riparian impacts shall occur for either crossing.
h. The design of riparian buffers shall be as shown in the HMP. Buffers shall be landscaped with
appropriate native, non-invasive plants to provide a natural transition between recreational areas
and riparian habitat, as well as to discourage human intrusion into the riparian area. Appropriate
signing and fencing will also be utilized as provided in Section 3-1.12.
May 3, 2023 Item #4 Page 275 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 66 Local Coastal Program
POLICY 3-8 OTHER PARCELS – SPECIFIC HABITAT PROTECTION STANDARDS
The following standards are intended to be guidelines for development and habitat preservation, based
upon best available information at the time these standards were prepared. The standards apply to
parcels primarily in Zones 20 and 21 shown on Exhibit A in the HMP Addendum #2 and that are located
within the biological core and linkage areas designated in the MHCP, and are in addition to the
applicable standards contained in Policy 3-1 and the HMP. The standards are intended to direct
development to existing disturbed areas to the maximum extent feasible, limit impacts to native
vegetation and establish viable core and linkage areas as delineated in the HMP. In general, each
property shall be allowed to develop at least 25% of the site with appropriate mitigation as specified in
Policies 3-1.9 through 3-1.12. When individual properties are proposed for rezoning or development,
detailed biological information will be required to determine whether the proposal is consistent with
Policy 3-1 and the standards below, based upon the actual type, location and condition of onsite
resources, and the appropriate locations of development and preservation areas.
3-8.1 Assessor’s Parcel No. 212-120-33 (Hieatt)
No impact to vernal pools. Minimize impact to vernal pool watersheds.
3-8.2 Assessor’s Parcel No. 212-010-3 (Kirgis)
Preserve 75% of property with development clustered immediately adjacent to Kelly Ranch.
3-8.3 Assessor’s Parcel No. 215-070-38 (Fernandez)
Cluster development on disturbed areas to the maximum extent feasible. Maximum 10% impact
on CSS and SMC for access purposes.
3-8.4 Assessor’s Parcel No. 215-040-03 (Muroya)
Cluster development on disturbed areas to the maximum extent feasible. Maximum 10% impact
on CSS and SMC for access purposes.
3-8.5 Assessor’s Parcel No. 212-040-50 (Emerald Point)
Development limited to disturbed and non-native grassland areas. No impacts to native habitat
allowed.
3-8.6 Assessor’s Parcel No. 215-020-06 (RWSB)
Development shall be limited to a maximum of 25% of the property, not including Poinsettia
Lane construction, and shall be clustered to the maximum extent feasible along disturbed
portions of the property adjacent to Cassia Lane and the future Poinsettia Lane extension.
Impacts to SMC habitat shall be minimized. A wildlife corridor linkage oriented generally
north-south shall be provided on the eastern half of the property and designed to connect to
neighboring properties with existing or potential wildlife corridor linkages. Impacts to native
habitat shall require onside mitigation through restoration and/or creation of habitat within the
designed corridor linkage, in addition to any other required mitigation.
May 3, 2023 Item #4 Page 276 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 67 Local Coastal Program
3-8.7 Assessor’s Parcel No. 215-020-07 (Maldonado)
Development shall be concentrated along the Poinsettia Lane extension and shall be limited to
the western half of the property. No impacts to the coast oak woodland and riparian area except
for Poinsettia Lane extension. The eastern half of the property is recommended for offsite
mitigation for other properties in Zone 21; however, at minimum a wildlife corridor linkage
oriented generally north-south shall be provided on the eastern half of the property and designed
to connect to neighboring properties with existing or potential wildlife corridor linkages. The
corridor linkage shall include any onsite coast oak woodland area.
3-8.8 Assessor’s Parcel No. 215-050-21 (Namikas)
Development shall be limited to a maximum of 25% of the property, not including Poinsettia
Lane construction, and shall be clustered on the western portion of the property. No impacts to
coast oak woodland, riparian areas or wetlands except for Poinsettia Lane extension. A wildlife
corridor linkage oriented generally north-south shall be provided on the eastern portion of the
property, include the onsite coast oak woodland area, and be designed to connect to neighboring
properties with existing or potential wildlife corridor linkages. Impacts to native habitat shall
require onsite mitigation through restoration and/or creation of habitat within the designated
corridor linkage, in addition to any other required mitigation.
3-8.9 Assessor’s Parcel No. 215-050-22 (Sudduth)
Development shall be limited to a maximum of 25% of the property, not including Poinsettia
Lane construction, and shall be clustered on the western portion of the property. No impacts to
coast oak woodland, riparian areas or wetlands except for Poinsettia Lane extension. A wildlife
corridor linkage oriented generally north-south shall be provided on the eastern portion of the
property, include the onsite coast oak woodland area, and be designed to connect to neighboring
properties with existing or potential wildlife corridor linkages. Impacts to native habitat shall
require onsite mitigation through restoration and/or creation of habitat within the designated
corridor linkage, in addition to any other required mitigation.
3-8.10 Assessor’s Parcel No. 215-050-44, 45, 46, 47 (Kevane)
Development shall be limited to a maximum of 25% of the property, and shall be clustered on
the western portion of the property. No impacts to coast oak woodland, riparian areas or
wetlands shall be allowed. A wildlife corridor linkage oriented generally north-south shall be
provided on the eastern portion of the property, include the onsite coast oak woodland area, and
be designed to connect to neighboring properties with existing or potential wildlife corridor
linkages. Impacts to native habitat shall require onsite mitigation through restoration and/or
creation of habitat within the designated corridor linkage, in addition to any other required
mitigation.
3-8.11 Assessor’s Parcel No. 215-050-12 (Reiter)
Development shall be limited to a maximum of 25% of the property, and shall be clustered on
the western portion of the property. No impacts to coast oak woodland, riparian areas or
wetlands shall be allowed A wildlife corridor linkage oriented generally north-south shall be
May 3, 2023 Item #4 Page 277 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 68 Local Coastal Program
provided on the eastern portion of the property, include the onsite coast oak woodland area, and
be designed to connect to neighboring properties with existing or potential wildlife corridor
linkages. Impacts to native habitat shall require onsite mitigation through restoration and/or
creation of habitat within the designated corridor linkage, in addition to any other required
mitigation.
3-8.12 Assessor’s Parcel No. 215-050-73 (Levatino)
Maximum 25% development clustered on the southern portion of the property. Buffer widths
may be reduced and/or additional impacts may be allowed to the extent necessary to obtain site
access, and/or to accommodate Circulation Road improvements identified in the certified LCP.
The parcel specific standards listed above are adopted because hardline preserve boundary lines were not
established at the time of preparation of the HMP. The purpose of the standards is to ensure that future
development is sited to preserve the maximum amount of ESHA within the coastal zone, and to establish
a viable habitat corridor and preserve area in Zones 20 and 21. If the City, with the concurrence of the
wildlife agencies and the Coastal Commission through an LCP amendment, subsequently approves a
hardline preserve boundary for any of the above-described properties as part of the HMP, then the onsite
preservation included in the hardline preserve boundary shall apply.
4. GEOLOGIC, FLOODPLAIN, AND SHORELINE HAZARD AREAS
POLICY 4-1 COASTAL EROSION
I. Development Along Shoreline
a. For all new development along the shoreline, including additions to existing development,
a site-specific geologic investigation and analysis similar to that required by the Coastal
Commission's Geologic Stability and Blufftop Guidelines shall be required; for permitted
development, this report must demonstrate bluff stability for 75 years, or the expected
lifetime of the structure, whichever is greater. Additionally, permitted development shall
incorporate, where feasible, sub-drainage systems to remove groundwater from the bluffs,
and shall use drought-resistant vegetation in landscaping, as well as adhering to the
standards for erosion control contained in the City of Carlsbad Drainage Master Plan. A
waiver of public liability shall be required for any permitted development for which an
assurance of structural stability cannot be provided. All development must include
mitigation measures for the control of urban runoff flow rates and velocities, urban
pollutants, erosion and sedimentation in accordance with the requirements of the City’s
Grading Ordinance, Storm Water Ordinances, Standard Urban Storm Water Mitigation
Plan (SUSMP), City of Carlsbad Drainage Master Plan, and the following additional
requirements. The SUSMP, dated April 2003 and as amended, the City of Carlsbad
Drainage Master Plan are hereby incorporated into the LCP by reference. Development
must also comply with the requirements of the Jurisdictional Urban Runoff Management
Program (JURMP) and the San Diego County Hydrology Manual to the extent that these
requirements are not inconsistent with any policies of the LCP.
May 3, 2023 Item #4 Page 278 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 69 Local Coastal Program
b. Prior to making land use decisions, the City shall utilize methods available to estimate
increases in pollutant loads and flows resulting from proposed future development. The
City shall require developments to incorporate structural and non-structural best
management practices (BMPs) to mitigate the projected increases in pollutant loads and
minimize any increases in peak runoff rate.
c. Water pollution prevention methods shall be implemented to the maximum extent
practicable, and supplemented by pollutant source controls and treatment. Small
collection strategies located at, or as close as possible to, the source (i.e., the point where
water initially meets the ground) to minimize the transport of urban runoff and pollutants
offsite and into a municipal separate storm sewer system (MS4) shall be utilized.
d. Post-development runoff from a site shall not contain pollutant loads which cause or
contribute to an exceedance of receiving water quality objectives or which have not been
reduced to the maximum extent practicable.
e. Development projects should be designed to comply with the following site design
principles:
1. Protect slopes and channels to decrease the potential for slopes and/or channels
from eroding and impacting storm water runoff.
2. To the extent practicable, cluster development on the least environmentally
sensitive portions of a site while leaving the remaining land in a natural
undisturbed condition.
3. Preserve, and where possible, create or restore areas that provide important water
quality benefits, such as riparian corridors, wetlands and buffer zones. Land
acquisition of such areas shall be encouraged.
4. Provide development-free buffer zones for natural water bodies.
5. Minimize the amount of impervious surfaces and directly connected impervious
surfaces in areas of new development and redevelopment.
6. Where feasible implement site design/landscape features to slow runoff and
maximize on-site infiltration of runoff.
7. Properly design outdoor material storage areas (including the use of roof or
awning covers) to minimize the opportunity for toxic compounds, oil and grease,
heavy metals, nutrients, suspended solids and other pollutants from entering the
storm water conveyance system.
8. Incorporate roof or awning covers over trash storage areas to prevent off-site
transport of trash and other pollutants from entering the storm water conveyance
system.
9. Limit disturbances of natural water bodies and natural drainage systems caused by
development including roads, highways and bridges.
10. Design streets and circulation systems to reduce pollutants associated with
vehicles and traffic resulting from the development.
f. Priority projects identified in the SUSMP will incorporate structural BMPs and submit a
Water Quality Technical Report as specified in the NPDES permit and in the SUSMP.
May 3, 2023 Item #4 Page 279 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 70 Local Coastal Program
g. Structural BMPs used to meet SUSMP requirements for priority projects shall be based on
the California Stormwater Quality Association (CASQA) Stormwater Best Management
Practice (BMP) Handbook, dated January 2003 or the current version of that publication,
and designed to meet, infiltrate, filter or treat the runoff produced from each storm event
up to and including the 85th percentile 24-hour storm event.
h. Priority projects will include projects increasing impervious area by more than 2,500
square feet or by more than 10% of existing impervious area, that are in, adjacent to or
drain directly to Environmentally Sensitive Areas (ESA), identified in the City of
Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP) dated April 2003,
using the definitions of “adjacent to” and “draining directly to” that are found in the
SUSMP.
i. The City shall include requirements in all coastal development permit approvals to
inspect and maintain required BMPs for the life of the project.
j. The City will encourage and support public outreach and education regarding the
potential water quality impacts of development.
k. Development shall minimize land disturbance activities during construction (e.g.,
clearing, grading and cut-and-fill), especially in erosive areas (including steep slopes,
unstable areas and erosive soils), to minimize impacts on water quality of excessive
erosion and sedimentation. Development shall incorporate soil stabilization BMPs on
disturbed areas as soon as feasible.
l. Projects within 200 feet of the Pacific Ocean shall be dealt with as “Projects Discharging
to Receiving Water within Environmentally Sensitive Areas” as defined in Appendix I of
the SUSMP, including being treated as a priority project if they create more than 2,500
square feet of impermeable surface or increase the impermeable surface on the property
by more than 10%.
m. Although residential developments of less than 10 units, including single family
residences, are generally exempt from the SUSMP priority requirements, they shall meet
those requirements, including achievement of the numerical sizing standard, if they are
in, within 200 feet of, or discharging directly to an ESA, including the Pacific Ocean; or
shall provide a written report signed by a licensed civil engineer showing that as the
project is designed they are mitigating polluted runoff, including dry weather nuisance
flows, to the maximum extent practicable.
n. Detached residential homes shall be required to use effective irrigation systems and
landscape designs or other methods to minimize or eliminate dry weather flow, if they
are within 200 feet of an ESA, coastal bluff or rocky intertidal areas.
o. The following minor revisions may occur to the Carlsbad SUSMP Storm Water
Standards dated April 2003 without an LCP amendment:
May 3, 2023 Item #4 Page 280 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 71 Local Coastal Program
1. Addition of new Best Management Practices (BMPs) found to be more protective
of water quality than current BMPs or removal of BMPs found to be ineffective.
(This does not include removal of BMPs or categories of BMPs on the basis that
the City finds them to be infeasible or impractical.)
2. Addition of new development categories as Priority Projects.
3. Addition of new coastal waters to the map of Environmentally Sensitive Areas.
4. Reduction in the area of impervious surfaces used to designate a specific
category of Priority Project.
p. Any minor changes made pursuant to the above list shall be accompanied by a finding
that the changes will improve and better protect coastal water quality. The City Engineer
or Planning Director shall notify the Executive Director in writing of any of the above
listed changes. For any changes not included in the above list, the City shall contact the
Executive Director to determine whether an LCP amendment is necessary, and if
necessary, shall subsequently apply for an LCP amendment for the changes.
II. Beach Sand Erosion
Pursue mitigation measures which address the causes of beach sand erosion; sand dredging and
use of the Longard Tube to reduce wave energy are two such measures which have been
suggested. The City should continue to participate in the Regional Coastal Erosion Committee's
studies of the causes and cures for shoreline erosion.
III. Shoreline Structures
Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and other such
construction that alters natural shoreline processes shall be permitted when required to serve
coastal-dependent uses or to protect existing structures or public beaches in danger from erosion,
and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply. As a
condition of coastal development permit approval, permitted shoreline structures may be
required to replenish the beach with imported sand. Provisions for the maintenance of any
permitted seawalls shall be included as a condition of project approval.
Projects which create dredge spoils shall be required to deposit such spoils on the beaches if the
material is suitable for sand replenishment.
IV. Undevelopable Shoreline Features
No development shall be permitted on any sand or rock beach or on the face of any ocean bluff,
with the exception of accessways to provide public beach access and of limited public recreation
facilities.
POLICY 4-2 LANDSLIDES AND SLOPE INSTABILITY
The soils investigations now required as part of the land subdivision process are adequate to identify
with specificity areas of landslide and instability. However, these investigations will need to be
particularly thorough in those areas with La Jolla Group soils which have been identified for potential
future development.
May 3, 2023 Item #4 Page 281 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 72 Local Coastal Program
Currently, soils investigations are only required for subdivisions. In the future, any development
proposed for areas known to be prone to landslide shall include a geologic investigation identifying
appropriate mitigation measures, and such geologic report shall be substantially as has been required by
the Coastal Commission's Geologic Stability and Blufftop Development Guidelines.
POLICY 4-3 ACCELERATED SOIL EROSION
Areas West of I-5 and the Existing Paseo del Norte and Along El Camino Real Upstream of Existing
Storm Drains
For areas west of the existing Paseo del Norte, west of I-5 and along El Camino Real
immediately upstream of the existing storm drains, the following policy shall apply:
a. All development must include mitigation measures for the control of urban runoff rates
and velocities, urban pollutants, erosion and sedimentation in accordance with the
requirements of the City’s Grading Ordinance, Storm Water Ordinance, Standard Urban
Storm Water Mitigation Plan (SUSMP), City of Carlsbad Drainage Master Plan, and the
additional requirements contained herein. The SUSMP dated April 2003 and as
amended, the City of Carlsbad Drainage Master Plan are hereby incorporated into the
LCP by reference. Development must also comply with the requirements of the
Jurisdictional Urban Runoff Management Program (JURMP) and the San Diego County
Hydrology Manual to the extent that these requirements are not inconsistent with any
policies of the LCP. Such mitigation shall become an element of the project, and shall be
installed prior to the initial grading. At a minimum, such mitigation shall require
construction of all improvements shown in the City of Carlsbad Drainage Master Plan
and amendments thereto between the project site and the lagoon (including the debris
basin), as well as: revegetation of graded areas immediately after grading; and a
mechanism for permanent maintenance if the City declines to accept the responsibility.
Construction of drainage improvements may be through formation of an assessment
district, or through any similar arrangement that allots costs among the various
landowners in an equitable manner.
b. Prior to making land use decisions, the City shall utilize methods available to estimate
increases in pollutant loads and flows resulting from proposed future development. The
City shall require developments to incorporate structural and non-structural best
management practices (BMPs) to mitigate the projected increases in pollutant loads and
minimize any increases in peak runoff rate.
c. Water pollution prevention methods shall be implemented to the maximum extent
practicable, and supplemented by pollutant source controls and treatment. Small
collection strategies located at, or as close as possible to, the source (i.e., the point where
water initially meets the ground) to minimize the transport of urban runoff and pollutants
offsite and into a municipal separate storm sewer system (MS4) shall be utilized.
d. Post-development runoff from a site shall not contain pollutant loads which cause or
contribute to an exceedance of receiving water quality objectives or which have not been
reduced to the maximum extent practicable.
May 3, 2023 Item #4 Page 282 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 73 Local Coastal Program
e. Development projects should be designed to comply with the following site design
principles:
1. Protect slopes and channels to decrease the potential for slopes and/or channels
from eroding and impacting storm water runoff.
2. To the extent practicable, cluster development on the least environmentally
sensitive portions of a site while leaving the remaining land in a natural
undisturbed condition.
3. Preserve, and where possible, create or restore areas that provide important water
quality benefits, such as riparian corridors, wetlands and buffer zones. Land
acquisition of such areas shall be encouraged.
4. Provide development-free buffer zones for natural water bodies.
5. Minimize the amount of impervious surfaces and directly connected impervious
surfaces in areas of new development and redevelopment.
6. Where feasible implement site design/landscape features to slow runoff and
maximize on-site infiltration of runoff.
7. Properly design outdoor material storage areas (including the use of roof or
awning covers) to minimize the opportunity for toxic compounds, oil and grease,
heavy metals, nutrients, suspended solids and other pollutants from entering the
storm water conveyance system.
8. Incorporate roof or awning covers over trash storage areas to prevent offsite
transport of trash and other pollutants from entering the storm water conveyance
system.
9. Limit disturbances of natural water bodies and natural drainage systems caused
by development including roads, highways and bridges.
10. Design streets and circulation systems to reduce pollutants associated with
vehicles and traffic resulting from development.
f. Priority projects identified in the SUSMP will incorporate structural BMPs and submit a
Water Quality Technical Report as specified in the NPDES permit and in the SUSMP.
g. Structural BMPs used to meet SUSMP requirements for priority projects shall be based
on the California Stormwater Quality Association (CASQA) Stormwater Best
Management Practice (BMP) Handbook, dated January 2003 or the current version of
that publication, and designed to meet, infiltrate, filter or treat runoff produced from each
storm event up to and including the 85th percentile 24-hour storm event.
h. Priority projects will include projects increasing impervious area by more than 2,500
square feet or by more than 10% of existing impervious area, that are in, adjacent to or
drain directly to Environmentally Sensitive Areas (ESA), identified in the City of
Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP) dated April 2003,
using the definitions of “adjacent to” and “draining directly to” that are found in the
SUSMP.
i. The City shall include requirements in all coastal development permit approvals to
inspect and maintain required BMPs for the life of the project.
May 3, 2023 Item #4 Page 283 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 74 Local Coastal Program
j. The City will encourage and support public outreach and education regarding the
potential water quality impacts of development.
k. Development shall minimize land disturbance activities during construction (e.g.,
clearing, grading and cut-and-fill), especially in erosive areas (including steep slopes,
unstable areas and erosive soils), to minimize impacts on water quality of excessive
erosion and sedimentation. Development shall incorporate soil stabilization BMPs on
disturbed areas as soon as feasible.
l. Projects within 200 feet of the Pacific Ocean shall be dealt with as “Projects Discharging
to Receiving Waters within Environmentally Sensitive Areas” as defined in Appendix I
of the SUSMP, including being treated as a priority project if they create more than
2,500 square feet of impermeable surface or increase the impermeable surface on the
property by more than 10%.
m. Although residential developments of less than 10 units, including single family
residences, are generally exempt from the SUSMP priority project requirements, they
shall meet those requirements, including achievement of the numerical sizing standard, if
they are in, within 200 feet of, or discharging directly to an ESA, including the Pacific
Ocean; or shall provide a written report signed by a licensed civil engineer showing that
as the project is designed they are mitigating polluted runoff, including dry weather
nuisance flows, to the maximum extent practicable.
n. Detached residential homes shall be required to use efficient irrigation systems and
landscape designs or other methods to minimize or eliminate dry weather flow, if they
are within 200 feet of an ESA, coastal bluffs or rocky intertidal areas.
o. The following minor revisions may occur to the Carlsbad SUSMP Storm Water
Standards dated April 2003 without an LCP amendment:
1. Addition of new Best Management Practices (BMP) found to be more protective
of water quality than current BMPs or removal of BMPs found to be ineffective.
(This does not include removal of BMPs or categories of BMPs on the basis that
the City finds them to be infeasible or impracticable.)
2. Addition of new development categories as Priority Projects.
3. Addition of new coastal waters to the map of Environmentally Sensitive Areas.
4. Reduction in the area of impervious surfaces used to designate a specific
category of Priority Project.
p. Any minor changes made pursuant to the above list shall be accompanied by a finding
that the changes will improve and better protect coastal water quality. The City Engineer
or Planning Director shall notify the Executive Director in writing of any of the above
listed changes. For any changes not included in the above list, the City shall contact the
Executive Director to determine whether an LCP amendment is necessary, and if
necessary, shall subsequently apply for an LCP amendment for the changes.
May 3, 2023 Item #4 Page 284 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 75 Local Coastal Program
(b) All Other Areas
This policy applies to all other areas except those subject to Policies 3-5 and 3-7 (a) above.
Any development proposal that affects steep slopes (25% inclination or greater) shall be required
to prepare a slope map and analysis for the affected slopes. Steep slopes are identified on the
PRC Toup maps. The slope mapping and analysis shall be prepared during the CEQA
environmental review on a project-by-project basis and shall be required as a condition of a
coastal development permit.
(1) Slopes Possessing Endangered Species and/or Coastal Sage Scrub and Chaparral Plant
Communities.
For those slopes mapped as possessing endangered plant/animal species and/or Coastal
Sage Scrub and Chaparral plant communities, Policies 3-1 and 3-8 and the following
provisions would apply:
a) Slopes of 25% grade and over shall be preserved in their natural state, unless the
application of this policy would preclude any reasonable use of the property, in
which case an encroachment not to exceed 10% of the steep slope area over 25%
grade may be permitted. For existing legal parcels, with all or nearly all of their
area in slope area over 25% grade, encroachment may be permitted; however,
any such encroachment shall be limited so that at no time is more than 20% of
the entire parcel (including areas under 25% slope) permitted to be disturbed
from its natural state. This policy shall not apply to the construction of roads on
the City's Circulation Element or the development of utility systems. Uses of
slopes over 25% may be made in order to provide access to flatter areas if there is
no less environmentally damaging alternative available.
b) No further subdivisions of land or utilization of Planned Unit Developments shall
occur on lots that have their total area in excess of 25% slope unless a Planned
Unit Development is proposed which limits grading and development to not
more than 10% of the total site area.
c) Slopes and areas remaining undisturbed as a result of the hillside review process,
shall be placed in a permanent open space easement as a condition of
development approval. The purpose of the open space easement shall be to
reduce the potential for localized erosion and slide hazards, to prohibit the
removal of native vegetation except for permitted firebreaks and/or planting other
fire retardant native vegetation and to protect visual resources of importance to
the entire community.
d) The percentage of steep slope encroachment listed in (a) and (b) above may be
modified only for development consistent with the approved HMP and the
resource habitat protection policies including Policy 3 above, and approved as
part of the City’s Incidental Take Permit pursuant to the adopted HMP.
(2) All Other Steep Slope Areas:
For all other steep slope areas, the City Council may allow exceptions to the above
grading provisions provided the following mandatory findings to allow exceptions are
made:
May 3, 2023 Item #4 Page 285 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 76 Local Coastal Program
a) A soils investigation conducted by a licensed soils engineer has determined the
subject slope area to be stable and grading and development impacts mitigatable
for at least 75 years, or life of structure.
b) Grading of the slope is essential to the development intent and design.
c) Slope disturbance will not result in substantial damage or alteration to major
wildlife habitat or native vegetation areas and is consistent with the habitat
protection policies contained in Policies 3-1 and 3-8.
d) If the area proposed to be disturbed is predominated by steep slopes and is in
excess of 10 acres, no more than one third of the total steep slope area shall be
subject to major grade changes.
e) If the area proposed to be disturbed is predominated by steep slopes and is less
than 10 acres, complete grading may be allowed only if no interruption of
significant wildlife corridors occurs.
f) Because north-facing slopes are generally more prone to stability problems and
in many cases contain more extensive natural vegetation, no grading or removal
of vegetation from these areas will be permitted unless all environmental impacts
have been mitigated. Overriding circumstances are not considered adequate
mitigation.
(3) Drainage and Erosion Control
a. All development must include mitigation measures for the control of urban
runoff flow rates and velocities, urban pollutants, erosion and sedimentation in
accordance with the requirements of the City’s Grading Ordinance, Storm Water
Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), City of
Carlsbad Drainage Master Plan, and the additional requirements contained
herein. The SUSMP, dated April 2003 and as amended, and the City of Carlsbad
Drainage Master Plan are hereby incorporated into the LCP by reference.
Development must also comply with the requirements of the Jurisdictional Urban
Runoff Management Program (JURMP) and the San Diego County Hydrology
Manual to the extent that these requirements are not inconsistent with any
policies of the LCP.
b. Prior to making land use decisions, the City shall utilize methods available to
estimate increases in pollutant loads and flows resulting from proposed future
development. The City shall require developments to incorporate structural and
non-structural best management practices (BMPs) to mitigate the projected
increases in pollutant loads and minimize any increases in peak runoff rate.
c. Water pollution prevention methods shall be implemented to the maximum
extent practicable, and supplemented by pollutant source controls and treatment.
Small collection strategies located at, or as close as possible to, the source (i.e.,
the point where water initially meets the ground) to minimize the transport of
urban runoff and pollutants offsite and into a municipal separate storm sewer
system (MS4) shall be utilized.
d. Post-development runoff from a site shall not contain pollutant loads which cause
or contribute to an exceedance of receiving water quality objectives or which
have not been reduced to the maximum extent practicable.
May 3, 2023 Item #4 Page 286 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 77 Local Coastal Program
e. Development projects should be designed to comply with the following site
design principles:
1. Protect slopes and channels to decrease the potential for slopes and/or
channels from eroding and impacting storm water runoff.
2. To the extent practicable, cluster development on the least
environmentally sensitive portions of a site while leaving the remaining
land in a natural undisturbed condition.
3. Preserve, and where possible, create or restore areas that provide
important water quality benefits, such as riparian corridors, wetlands and
buffer zones. Land acquisition of such areas shall be encouraged.
4. Provide development-free buffer zones for natural water bodies.
5. Minimize the amount of impervious surfaces and directly connected
impervious surfaces in areas of new development and redevelopment.
6. Where feasible implement site design/landscape features to slow runoff
and maximize on-site infiltration of runoff.
7. Properly design outdoor material storage areas (including the use of roof
or awning covers) to minimize the opportunity for toxic compounds, oil
and grease, heavy metals, nutrients, suspended solids and other pollutants
from entering the storm water conveyance system.
8. Incorporate roof or awning covers over trash storage areas to prevent
offsite transport of trash and other pollutants from entering the storm
water conveyance system.
9. Limit disturbances of natural water bodies and natural drainage systems
caused by development including roads, highways and bridges.
10. Design streets and circulation systems to reduce pollutants associated
with vehicles and traffic resulting from development.
f. Priority projects identified in the SUSMP will incorporate structural BMPs and
submit a Water Quality Technical Report as specified in the NPDES permit and
in the SUSMP.
g. Structural BMPs used to meet SUSMP requirements for priority projects shall be
based on the California Stormwater Quality Association (CASQA), Stormwater
Best Management Practice (BMPs) Handbook, dated January 2003 or the current
version of that publication, and designed to meet, infiltrate, filter or treat the
runoff produced from each storm event up to and including the 85th percentile
24-hour storm event.
h. Priority projects will include projects increasing impervious area by more than
2,500 square feet or by more than 10% of existing impervious area, that are in,
adjacent to or drain directly to Environmentally Sensitive Areas (ESA), identified
in the City of Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP)
dated April 2003, using the definitions of “adjacent to” and “draining directly to”
that are found in the SUSMP.
i. The City shall include requirements in all coastal development permit approvals
to inspect and maintain required BMPs for the life of the project.
May 3, 2023 Item #4 Page 287 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 78 Local Coastal Program
j. The City will encourage and support public outreach and education regarding the
potential water quality impacts of development.
k. Development shall minimize land disturbance activities during construction (e.g.,
clearing, grading and cut-and-fill), especially in erosive areas (including steep
slopes, unstable areas and erosive soils), to minimize impacts on water quality of
excessive erosion and sedimentation. Development shall incorporate soil
stabilization BMPs on disturbed areas as soon as feasible.
l. Projects within 200 feet of the Pacific Ocean shall be dealt with as “Projects
Discharging to Receiving Waters within Environmentally Sensitive Areas” as
defined in Appendix I of the SUSMP, including being treated as a priority project
if they create more than 2,500 square feet of impermeable surface or increase the
impermeable surface on the property by more than 10%.
m. Although, residential developments of less than 10 units, including single family
residences, are generally exempt from the SUSMP priority project requirements,
they shall meet those requirements, including achievement of the numerical
sizing standard, if they are in, within 200 feet of, or discharging directly to an
ESA, including the Pacific Ocean; or shall provide a written report signed by a
licensed civil engineer showing that as the project is designed they are mitigating
polluted runoff, including dry weather nuisance flows, to the maximum extent
practicable.
n. Detached residential homes shall be required to use efficient irrigation systems
and landscape designs or other methods to minimize or eliminate dry weather
flow, if they are within 200 feet of an ESA, coastal bluff or rocky intertidal areas.
o. The following minor revisions may occur to the Carlsbad SUSMP Storm Water
Standards dated April 2003 without an LCP amendment:
1. Addition of new Best Management Practices (BMPs) found to be more
protective of water quality than current BMPs or removal of BMPs found
to be ineffective. (This does not include removal of BMPs or categories
of BMPs on the basis that the City finds them to be infeasible or
impracticable.)
2. Addition of new development categories as Priority Projects.
3. Addition of new coastal waters to the map of Environmentally Sensitive
Areas.
4. Reductions in the area of impervious surfaces used to designate a specific
category of Priority Project.
p. Any minor changes made pursuant to the above list shall be accompanied by a
finding that the changes will improve and better protect coastal water quality.
The City Engineer or Planning Director shall notify the Executive Director in
writing of any of the above listed changes. For any changes not included in the
above list, the City shall contact the Executive Director to determine whether an
LCP amendment is necessary, and if necessary, shall subsequently apply for an
LCP amendment for the changes.
May 3, 2023 Item #4 Page 288 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 79 Local Coastal Program
(4) Required Drainage or Erosion Control Facility Maintenance Arrangements:
Development approvals shall include detailed maintenance arrangements for providing
the ongoing repair and maintenance for all approved drainage or erosion-control
facilities.
(5) Installation & Timing of Permanent Runoff and Erosion Control Devices:
All permanent runoff-control and erosion-control devices shall be developed and
installed prior to or concurrent with any onsite grading activities.
(6) Required Open Space Easements on Undeveloped Slopes:
All undevelopable slopes shall be placed in open space easements as a condition of
development approval.
POLICY 4-4 REMOVAL OF NATURAL VEGETATION
When earth changes are required and natural vegetation is removed, the area and duration of exposure
shall be kept at a minimum.
POLICY 4-5 SOIL EROSION CONTROL PRACTICES
a. Soil erosion control practices shall be used against “onsite” soil erosion. These include keeping
soil covered with temporary or permanent vegetation or with mulch materials, special grading
procedures, diversion structures to divert surface runoff from exposed soils, and grade
stabilization structures to control surface water. All development must include mitigation
measures for the control of urban runoff flow rates and velocities, urban pollutants, erosion and
sedimentation in accordance with the requirements of the City’s Grading Ordinance, Storm
Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), City of Carlsbad
Drainage Master Plan, and the additional requirements contained herein. The SUSMP, dated
April 2003 and as amended, and the City of Carlsbad Drainage Master Plan are hereby
incorporated into the LCP by reference. Development must also comply with the requirements
of the Jurisdictional Urban Runoff Management Program (JURMP) and the San Diego County
Hydrology Manual to the extent that these requirements are not inconsistent with any policies of
the LCP.
b. Prior to making land use decisions, the City shall utilize methods available to estimate increases
in pollutant loads and flows resulting from proposed future development. The City shall require
developments to incorporate structural and non-structural best management practices (BMPs) to
mitigate the projected increases in pollutant loads and minimize any increases in peak runoff
rate.
c. Water pollution prevention methods shall be implemented to the maximum extent practicable,
and supplemented by pollutant source controls and treatment. Small collection strategies located
at, or as close as possible to, the source (i.e., the point where water initially meets the ground) to
minimize the transport of urban runoff and pollutants offsite and into a municipal separate storm
sewer system (MS4) shall be utilized.
May 3, 2023 Item #4 Page 289 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 80 Local Coastal Program
d. Post-development runoff from a site shall not contain pollutant loads which cause or contribute
to an exceedance of receiving water quality objectives or which have not been reduced to the
maximum extent practicable.
e. Development projects should be designed to comply with the following site design
principles:
1. Protect slopes and channels to decrease the potential for slopes and/or channels from
eroding and impacting storm water runoff.
2. To the extent practicable, cluster development on the least environmentally sensitive
portions of a site while leaving the remaining land in a natural undisturbed condition.
3. Preserve, and where possible, create or restore areas that provide important water quality
benefits, such as riparian corridors, wetlands and buffer zones. Land acquisition of such
areas shall be encouraged.
4. Provide development-free buffer zones for natural water bodies.
5. Minimize the amount of impervious surfaces and directly connected impervious surfaces
in areas of new development and redevelopment.
6. Where feasible implement site design/landscape features to slow runoff and maximize
on-site infiltration of runoff.
7. Properly design outdoor material storage areas (including the use of roof or awning
covers) to minimize the opportunity for toxic compounds, oil and grease, heavy metals,
nutrients, suspended solids and other pollutants from entering the storm water
conveyance system.
8. Incorporate roof or awning covers over trash storage areas to prevent offsite transport of
trash and other pollutants from entering the storm water conveyance system.
9. Limit disturbances of natural water bodies and natural drainage systems caused by
development including roads, highways and bridges.
10. Design streets and circulation systems to reduce pollutants associated with vehicles and
traffic resulting from development.
f. Priority projects identified in the SUSMP will incorporate structural BMPs and submit a Water
Quality Technical Report as specified in the NPDES permit and in the SUSMP.
g. Structural BMPs used to meet SUSMP requirements for priority projects shall be based on the
California Stormwater Quality Association (CASQA), Stormwater Best Management Practice
(BMPs) Handbook, dated January 2003 or the current version of that publication, and designed
to meet, infiltrate, filter or treat the runoff produced from each storm event up to and including
the 85th percentile 24-hour storm event.
h. Priority projects will include projects increasing impervious area by more than 2,500 square feet
or by more than 10% of existing impervious area, that are in, adjacent to or drain directly to
Environmentally Sensitive Areas (ESA), identified in the City of Carlsbad Standard Urban
Storm Water Mitigation Plan (SUSMP) dated April 2003, using the definitions of “adjacent to”
and “draining directly to” that are found in the SUSMP.
i. The City shall include requirements in all coastal development permit approvals to inspect and
maintain required BMPs for the life of the project.
j. The City will encourage and support public outreach and education regarding the potential water
quality impacts of development.
May 3, 2023 Item #4 Page 290 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 81 Local Coastal Program
k. Development shall minimize land disturbance activities during construction (e.g., clearing,
grading and cut-and-fill), especially in erosive areas (including steep slopes, unstable areas and
erosive soils), to minimize impacts on water quality of excessive erosion and sedimentation.
Development shall incorporate soil stabilization BMPs on disturbed areas as soon as feasible.
l. Projects within 200 feet of the Pacific Ocean shall be dealt with as “Projects Discharging to
Receiving Waters within Environmentally Sensitive Areas” as defined in Appendix I of the
SUSMP, including being treated as a priority project if they create more than 2,500 square feet
of impermeable surface or increase the impermeable surface on the property by more than 10%.
m. Although, residential developments of less than 10 units, including single family residences, are
generally exempt from the SUSMP priority project requirements, they shall meet those
requirements, including achievement of the numerical sizing standard, if they are in, within 200
feet of, or discharging directly to an ESA, including the Pacific Ocean; or shall provide a written
report signed by a licensed civil engineer showing that as the project is designed they are
mitigating polluted runoff, including dry weather nuisance flows, to the maximum extent
practicable.
n. Detached residential homes shall be required to use efficient irrigation systems and landscape
designs or other methods to minimize or eliminate dry weather flow, if they are within 200 feet
of an ESA, coastal bluff or rocky intertidal areas.
o. The following minor revisions may occur to the Carlsbad SUSMP Storm Water Standards dated
April 2003 without an LCP amendment:
1. Addition of new Best Management Practices (BMPs) found to be more protective of
water quality than current BMPs or removal of BMPs found to be ineffective. (This does
not include removal of BMPs or categories of BMPs on the basis that the City finds them
to be infeasible or impracticable.)
2. Addition of new development categories as Priority Projects.
3. Addition of new coastal waters to the map of Environmentally Sensitive Areas.
4. Reductions in the area of impervious surfaces used to designate a specific category of
Priority Project.
p. Any minor changes made pursuant to the above list shall be accompanied by a finding that the
changes will improve and better protect coastal water quality. The City Engineer or Planning
Director shall notify the Executive Director in writing of any of the above listed changes. For
any changes not included in the above list, the City shall contact the Executive Director to
determine whether an LCP amendment is necessary, and if necessary, shall subsequently apply
for an LCP amendment for the changes.
POLICY 4-6 “SEDIMENT CONTROL” PRACTICES
a. Apply “sediment control” practices as a perimeter protection to prevent offsite drainage.
Preventing sediment from leaving the site should be accomplished by such methods as diversion
ditches, sediment traps, vegetative filters, and sediment basins. Preventing erosion is of course
the most efficient way to control sediment runoff. All development must include mitigation
measures for the control of urban runoff flow rates and velocities, urban pollutants, erosion and
sedimentation in accordance with the requirements of the City’s Grading Ordinance, Storm
May 3, 2023 Item #4 Page 291 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 82 Local Coastal Program
Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), City of Carlsbad
Drainage Master Plan, and the following additional requirements. The SUSMP, dated April
2003 and as amended, and the City of Carlsbad Drainage Master Plan are hereby incorporated
into the LCP by reference. Development must also comply with the requirements of the
Jurisdictional Urban Runoff Management Program (JURMP) and the San Diego County
Hydrology Manual to the extent that these requirements are not inconsistent with any policies of
the LCP.
b. Prior to making land use decisions, the City shall utilize methods available to estimate increases
in pollutant loads and flows resulting from proposed future development. The City shall require
developments to incorporate structural and non-structural best management practices (BMPs) to
mitigate the projected increases in pollutant loads and minimize any increases in peak runoff
rate.
c. Water pollution prevention methods shall be implemented to the maximum extent practicable,
and supplemented by pollutant source controls and treatment. Small collection strategies located
at, or as close as possible to, the source (i.e., the point where water initially meets the ground) to
minimize the transport of urban runoff and pollutants offsite and into a municipal separate storm
sewer system (MS4) shall be utilized.
d. Post-development runoff from a site shall not contain pollutant loads which cause or contribute
to an exceedance of receiving water quality objectives or which have not been reduced to the
maximum extent practicable.
e. Development projects should be designed to comply with the following site design principles:
1. Protect slopes and channels to decrease the potential for slopes and/or channels from
eroding and impacting storm water runoff.
2. To the extent practicable, cluster development on the least environmentally sensitive
portions of a site while leaving the remaining land in a natural undisturbed condition.
3. Preserve, and where possible, create or restore areas that provide important water quality
benefits, such as riparian corridors, wetlands and buffer zones. Land acquisition of such
areas shall be encouraged.
4. Provide development-free buffer zones for natural water bodies.
5. Minimize the amount of impervious surfaces and directly connected impervious surfaces
in areas of new development and redevelopment.
6. Where feasible implement site design/landscape features to slow runoff and maximize on-
site infiltration of runoff.
7. Properly design outdoor material storage areas (including the use of roof or awning
covers) to minimize the opportunity for toxic compounds, oil and grease, heavy metals,
nutrients, suspended solids and other pollutants from entering the storm water conveyance
system.
8. Incorporate roof or awning covers over trash storage areas to prevent off-site transport of
trash and other pollutants from entering the storm water conveyance system.
9. Limit disturbances of natural water bodies and natural drainage systems caused by
development including roads, highways and bridges.
10. Design streets and circulation systems to reduce pollutants associated with vehicles and
traffic resulting from development.
May 3, 2023 Item #4 Page 292 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 83 Local Coastal Program
f. Priority projects identified in the SUSMP will incorporate structural BMPs and submit a Water
Quality Technical Report as specified in the NPDES permit and in the SUSMP.
g. Structural BMPs used to meet SUSMP requirements for priority projects shall be based on the
California Stormwater Quality Association (CASQA) Stormwater Best Management Practice
(BMP) Handbook, dated January 2003 or the current version of that publication, and designed to
meet, infiltrate, filter or treat the runoff produced from each storm event up to and including the
85th percentile 24-hour storm event.
h. Priority projects will include projects increasing impervious area by more than 2,500 square feet
or by more than 10% of existing impervious area, that are in, adjacent to or drain directly to
Environmentally Sensitive Areas (ESA), identified in the City of Carlsbad Standard Urban Storm
Water Mitigation Plan (SUSMP) dated April 2003, using the definitions of “adjacent to” and
“draining directly to” that are found in the SUSMP.
i. The City shall include requirements in all coastal development permit approvals to inspect and
maintain required BMPs for the life of the project.
j. The City will encourage and support public outreach and education regarding the potential water
quality impacts of development.
k. Development shall minimize land disturbance activities during construction (e.g., clearing,
grading and cut-and-fill), especially in erosive areas (including steep slopes, unstable areas and
erosive soils), to minimize impacts on water quality of excessive erosion and sedimentation.
Development shall incorporate soil stabilization BMPs on disturbed areas as soon as feasible.
l. Projects within 200 feet of the Pacific Ocean shall be dealt with as “Projects Discharging
Receiving Waters within Environmentally Sensitive Areas” as defined in Appendix I of the
SUSMP, including being treated as a priority project if they create more than 2,500 square feet of
impermeable surface or increase the impermeable surface on the property by more than 10%.
m. Although residential developments of less than 10 units, including single family residences, are
generally exempt from the SUSMP priority project requirements, they shall meet those
requirements, including achievement of the numerical sizing standard, if they are in, within 200
feet of, or discharging directly to an ESA, including the Pacific Ocean; or shall provide a written
report signed by a licensed civil engineer showing that as the project is designed they are
mitigating polluted runoff, including dry weather nuisance flows, to the maximum extent
practicable.
n. Detached residential homes shall be required to use efficient irrigation systems and landscape
designs or other methods to minimize or eliminate dry weather flow, if they are within 200 feet
of an ESA, coastal bluff or rocky intertidal areas.
o. The following minor revisions may occur to the Carlsbad SUSMP Storm Water Standards dated
April 2003 within an LCP amendment:
1. Addition of new Best Management Practices (BMPs) found to be more protective of
water quality than current BMPs or removal of BMPs found to be ineffective. (This does
not include removal of BMPs or categories of BMPs on the basis that the City finds them
to be infeasible or impracticable.)
May 3, 2023 Item #4 Page 293 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 84 Local Coastal Program
2. Addition of new development categories as Priority Projects.
3. Addition of new coastal waters to the map of Environmentally Sensitive Areas.
4. Reduction in the area of impervious surfaces used to designate a specific category of
Priority Projects.
q. Any minor changes made pursuant to the above list shall be accompanied by a finding that the
changes will improve and better protect coastal water quality. The City Engineer or Planning
Director shall notify the Executive Director in writing of any of the above listed changes. For
any changes not included in the above list, the City shall contact the Executive Director to
determine whether an LCP amendment is necessary, and if necessary, shall subsequently apply
for an LCP amendment for the changes.
POLICY 4-7 FLOOD HAZARDS
(a) Storm Drainage Facilities in Developed Areas
Storm drainage facilities in developed areas should be improved and enlarged according to the
City of Carlsbad Drainage Master Plan, incorporating the changes recommended in the LCP.
(b) City's Grading Ordinance
The City's grading ordinance should be amended to greatly reduce the extent of onsite and offsite
erosion due to construction activities. (See policies under Soil Erosion.) Although these are
primarily erosion control measures, they will help to prevent sedimentation in downstream
drainage facilities.
(c) Storm Drainage Facilities in Undeveloped Areas
Drainage improvement districts shall be formed for presently undeveloped areas which are
expected to urbanize in the future. The improvement districts would serve to implement the City
of Carlsbad Drainage Master Plan. Upstream areas in the coastal zone shall not be permitted to
develop prior to installation of the storm drain facilities downstream, in order to assure
protection of coastal resources.
(d) Financing New Drainage Facilities
New drainage facilities, required within the improvement districts, should be financed either by
some form of bond or from fees collected from developers on a cost-per-acre basis.
(e) 100-Year Floodplain
Development shall continue to be restricted in 100-year floodplain areas. Continuing the policy
of zoning 100-year floodplains as open space will permit natural drainage to occur without the
need for flood control channels. No permanent structures or filling shall be permitted in the
floodplain and only uses compatible with periodic flooding shall be allowed.
May 3, 2023 Item #4 Page 294 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 85 Local Coastal Program
(f) Drainage Master Plan
Adopt the provisions of the City of Carlsbad Drainage Master Plan to ameliorate flood and
drainage hazards within the planning area.
POLICY 4-8 SEISMIC HAZARDS
The provisions of the State Uniform Building Code are not entirely adequate for earthquake protection.
The City should continue to monitor the UBCs earthquake provisions and make recommendations for
improvement.
Most development in liquefaction-prone areas should have site-specific investigations done addressing
the liquefaction problem and suggesting mitigation measures. New residential development in excess of
four units, commercial, industrial, and public facilities shall have site-specific geologic investigations
completed in known potential liquefaction areas.
5. PUBLIC WORKS AND PUBLIC SERVICES CAPACITIES
POLICY 5-1 REGIONAL SEWAGE TRANSPORTATION SYSTEM
The planned improvements to the regional sewage transportation system should be undertaken and
completed. These improvements are necessitated by development beyond the coastal zone.
POLICY 5-2 FUTURE SEWAGE TREATMENT
Future treatment demands can be met by the combined effects of enlarging the Encina Water Pollution
Control Facility and implementing the City of Carlsbad Wastewater Reclamation Master Plan. The City
must participate in meeting growth demands beyond the coastal zone.
POLICY 5-3 UNTREATED RECLAIMED WATER
Since current Regional Water Quality Control Board requirements may not permit untreated reclaimed
water for certain purposes, Carlsbad should participate in the Phase IV expansion of Encina to assure
capacity to meet demand both in and out of the coastal zone.
POLICY 5-4 TEN PERCENT RESERVE SEWAGE CAPACITY FOR COASTAL
DEPENDENT RECREATION AND VISITOR-SERVING USES
The City of Carlsbad Sewer Allocation Plan which allocates limited capacity from Encina should
provide a 10% reserve capacity for coastal-dependent uses that emphasize public and commercial
recreation and visitor-serving facilities.
POLICY 5-5 POINSETTIA LANE
Poinsettia Lane should be completed as a major arterial as indicated on the Local Coastal Program map
by 1995. It should also provide direct coastal access to Carlsbad Boulevard. No assessment of
agricultural lands shall be made to support this road extension.
May 3, 2023 Item #4 Page 295 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 86 Local Coastal Program
6. RECREATION AND VISITOR-SERVING USES
POLICY 6-1 ADDITIONAL CITY PARKS
Additional City parks will be required in conjunction with new development. These parks should be a
minimum of five acres in order to accommodate a wide variety of both active and passive uses.
Locations of additional City parks are Altimira Park (12 acres) and North La Costa Park (five acres);
both are listed as proposed parks in the Parks and Recreation Element of Carlsbad's General Plan.
POLICY 6-2 REGIONAL PARK
If the population of Carlsbad increases in accordance with SANDAG's projected Series V Population
Forecasts, it is estimated that Carlsbad will need to develop a new regional park containing 200 to 300
acres in order to adequately serve the public. A location for a new regional park must, therefore, be
established. Consideration should be given to a facility within the Aqua Hedionda Specific Plan Area,
or adjacent lands. The Batiquitos Lagoon area should also be considered.
POLICY 6-3 ENCINA FISHING AREA
The water related Encina fishing area located adjacent to the San Diego Gas and Electric Company's
power plant should be maintained for public use with no fees (See Exhibit 4.9) (See Policy 7-7)
POLICY 6-4 NEED FOR ADDITIONAL OVERNIGHT CAMPING
Additional overnight camping facilities, the main source of lower cost visitor and recreational facilities,
are needed throughout the San Diego coastal region. Additional facilities of this kind should be
provided in a regional park within the Carlsbad area. This can be accomplished in conjunction with an
eventual Batiquitos Park, within the Aqua Hedionda Specific Plan Area, and/or along with the
development of private recreational facilities.
POLICY 6-5 NEED FOR 200 ADDITIONAL HOTEL-MOTEL ROOMS, AND VISITOR-
SERVING USES
Approximately 40 acres of additional visitor-serving (hotel-motel and restaurant) uses should be
established. Assuming a density of approximately ten hotel-motel rooms per acre, the estimated need of
200 additional rooms can be achieved. Restaurants and other visitor-serving facilities also need to be
provided. Suggested locations are the intersections of I-5 with Palomar Airport Road and/or Poinsettia
Lane. Not all of this demand needs to be met with land immediately within the coastal zone.
POLICY 6-6 ADDITIONAL VISITOR-SERVING FACILITIES AT ELM AVENUE AND
CARLSBAD BOULEVARD
Provision should be made for additional visitor-serving facilities, as well as retaining existing visitor
uses, at the western terminus of the Elm Avenue corridor in the coastal zone. (See Exhibit 4.10).
May 3, 2023 Item #4 Page 296 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 87 Local Coastal Program
POLICY 6-7 SMALL BOAT LAUNCHING FACILITY AT SOUTH CARLSBAD STATE
BEACH
The possibility of developing the southern portion of Carlsbad State Beach as a small boat launching
facility should be pursued to meet this water-related need.
POLICY 6-8 DEFINITION OF VISITOR-SERVING COMMERCIAL USES, AND EAST END
OF BUENA VISTA LAGOON
“Visitor-serving commercial uses” shall be defined to include hotels and motels, recreational facilities,
restaurants and bars, amusement parks, public parks, horticultural gardens, farmers' markets, retail uses
accessory to another use which is the primary use of the site, and other accessory uses customarily
catering to hotel and motel guests. The May Co. properties located at the east end of Buena Vista
Lagoon (See Exhibit 4.5) will be designated for commercial, not visitor-serving commercial uses.
POLICY 6-9 PROPERTIES FRONTING CARLSBAD BOULEVARD ADJACENT TO AND
INCLUDING SOUTH CARLSBAD STATE BEACH
The South Carlsbad State Beach campground should be considered for conversion to a day use beach
and upland park if other adequate campground facilities can be developed nearby.
Mixed use development (i.e., residential and recreational-commercial) shall be permitted by right on
properties fronting Carlsbad Boulevard across from South Carlsbad State Beach (See Exhibit 4.9). This
policy applies only where not in conflict with the agricultural policies of the LCP.
POLICY 6-10 LOWER COST VISITOR-SERVING RECREATIONAL USES
Lower cost visitor and recreational facilities shall be protected, encouraged, and, where feasible,
provided.
Encourage a range of affordability for overnight visitor accommodations. Evaluate the affordability of
any new or redeveloped overnight visitor accommodations, including amenities that reduce the cost of
stay. Mitigation may be applied to protect and encourage affordable overnight accommodations.
7. SHORELINE ACCESS
POLICY 7-1 CYPRESS AVENUE AND OCEAN STREET AREA
Since there is a lack of adequate access in the northern portions of the planning area, an additional access
point shall be provided, of at least 10 feet in width. The site of this accessway should be the vacant
parcel located adjacent to the Army/Navy Academy at Cypress Avenue (Del Mar Street), and dedication
of an accessway shall be required as a condition of development approval for this site. Such dedication
shall be in the form of an offer to the City of Carlsbad, State Coastal Conservancy or other appropriate
public agencies, irrevocable for a term of 21 years.
NOTE: This site is now developed. As a part of (CCC) development approval, coastal
access is open from to .
May 3, 2023 Item #4 Page 297 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 88 Local Coastal Program
POLICY 7-2 SHORELINE ACCESS SIGNAGE
The Coastal Conservancy and California State Department of Transportation (CALTRANS) have
undertaken a comprehensive program designed to provide appropriate signs designating the shore access
points. It is recommended that they identify the existing access points in the Carlsbad coastal zone, and
upon approval of the future sites of access it is recommended that these also be identified with signs.
POLICY 7-3 ACCESS ALONG SHORELINE
The City will cooperate with the State to ensure that lateral beach access is protected and enhanced to
the maximum degree feasible, and will continue to formalize shoreline prescriptive rights. Irrevocable
offers of dedication for lateral accessways between the mean high tide line and the base of the coastal
bluffs, and vertical accessways where applicable, shall be required in new development consistent with
Section 30212 of the California Coastal Act of 1976. There is evidence of historic public use adjacent to
Buena Vista Lagoon. Paths crisscross the area near the railroad tracks to the ocean shoreline.
Development shall provide access and protect such existing access consistent with the needs to protect
the habitat.
NOTE: See Exhibit 4.10.
POLICY 7-4 CARLSBAD BOULEVARD AND PALOMAR AIRPORT ROAD AREA
An additional access point on the South Carlsbad State Beach shall be provided at about the intersection
of Carlsbad Boulevard and Palomar Airport Road.
NOTE: See Exhibit 4.10.
POLICY 7-5 ACCESS ON SOUTH CARLSBAD STATE BEACH
There is evidence of poorly-maintained and ill-defined walkways along much of the day use portion of
South Carlsbad State Beach. These existing access points shall be improved as part of a State Parks and
Recreation Master Plan for the Carlsbad State Beaches.
NOTE: See Exhibit 4.10
POLICY 7-6 BUENA VISTA LAGOON
An access trail shall be provided along the southern shoreline of Buena Vista Lagoon (See Exhibit 4.10),
to facilitate public awareness of the natural habitat resources of the lagoon. To protect the sensitive
resources of this area, access development shall be limited and designed in consultation with the State
Department of Fish and Game. In permitted development of properties adjacent to the lagoon (See
Exhibit 4.5), offers of dedication of lateral accessways, irrevocable for a term of 21 years, shall be
required to be provided to the City of Carlsbad, State Coastal Conservancy, or other appropriate public
agencies. Such access dedications shall be of at least 25 feet in width upland from environmentally
sensitive areas and any required buffers thereto. In addition, the City of Carlsbad, State Coastal
Conservancy, and Wildlife Conservation Board shall seek to obtain lateral accessways across developed
lands.
May 3, 2023 Item #4 Page 298 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 89 Local Coastal Program
POLICY 7-7 ENCINA POWER PLANT SHORE AREA
It is recommended that the shore area owned by the San Diego Gas and Electric Company (area near the
Encina Power Plant) be dedicated to the State of California. This area is already heavily used by beach
goers and should be maintained by the State for properly continued use.
NOTE: See Exhibit 4.9 and Policy 6-3.
POLICY 7-8 – NORTH END OF OCEAN STREET
On the vacant parcel at the extreme north end of Ocean Street, when development is proposed an
irrevocable offer to dedicate the beach and lowland areas shall be required pursuant to Section 30211 of
the Coastal Act. Residential development shall be clustered on the highland area and the bluff face shall
not be altered. There shall be appropriate blufftop setback based on geologic report taking into account
the prominent location, shoreline instability and significant habitat adjacent to the lagoon.
NOTE: This parcel is now developed.
POLICY 7-9 SOUTH CARLSBAD STATE BEACH – PARKING
Parking facilities are entirely inadequate in the vicinity of the South Carlsbad State Beach. To remedy
this problem, the 20-acre site (APN 210-09-7) located between Carlsbad Boulevard and the railroad at
the junction of Palomar Airport Road shall be developed for parking facilities of approximately 1,500
spaces. When this facility becomes heavily utilized, jitney service should be initiated between the
parking area and designated points along Carlsbad Boulevard.
POLICY 7-10 PARKING
Parking standards set forth within the City of Carlsbad Zoning Ordinance are appropriate for the future
development of various land uses.
POLICY 7-11 STATE BEACH LANDS
Certain portions of underutilized state beach lands will provide a resource to develop future recreational
facilities and beach access points. These shall be developed as part of an overall master plan for the
Carlsbad beaches to be accomplished by the State of California Parks and Recreation Department.
POLICY 7-12 SEAWARD OF OCEAN STREET
New development on the seaward side of Ocean Street shall observe, at a minimum, an ocean setback
based on a "stringline" method of measurement. No enclosed portions of a structure shall be permitted
further seaward than the adjacent structure to the north and south; no decks or other appurtenances shall
be permitted further seaward than those on the adjacent structures to the north and south. This policy
shall be used on single-family, “infill” parcels, and a greater ocean setback may be required for geologic
reasons.
May 3, 2023 Item #4 Page 299 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 90 Local Coastal Program
POLICY 7-13 VISUAL ACCESS
Visual access over more than 80% of the Carlsbad coastline is unobstructed because of public
ownership. No future public improvements which would obstruct this visual access shall be permitted.
POLICY 7-14 VERTICAL SHORELINE ACCESSWAY WIDTH
It is recommended that vertical accessways to the beach generally be at least ten feet in width.
POLICY 7-15 SOUTH CARLSBAD STATE BEACH: CONVERSION TO A DAY USE
BEACH, AND VERTICAL ACCESS ON MACMAHON PROPERTY
As the demand for day beach use increases and as additional campground facilities are provided within
the Carlsbad area, the existing South Carlsbad State Beach campground should be converted to a day use
beach. The upland area would serve as an ideal parking and picnicking area with stairway access to the
beach below. This designation shall be incorporated within future master planning efforts by the State of
California.
The California Commission-required offer of dedication for vertical access on the MacMahon property,
located approximately 700 feet north of Cedar Street, shall be enforced as part of Coastal Development
Permit F2875, unless the Attorney General's Office resolves the matter through an alternative acceptable
to the State Coastal Commission.
8. SCENIC AND VISUAL RESOURCES, HISTORIC RESOURCES
POLICY 8-1 SITE DEVELOPMENT REVIEW
The Scenic Preservation Overlay Zone should be applied where necessary throughout the Carlsbad
coastal zone to assure the maintenance of existing views and panoramas. Sites considered for
development should undergo individual review to determine if the proposed development will obstruct
views or otherwise damage the visual beauty of the area. The Planning Commission should enforce
appropriate height limitations and see-through construction, as well as minimize any alterations to
topography.
POLICY 8-2 POTENTIALLY HISTORIC STRUCTURES
The City's historic structures which have the potential to meet criteria for inclusion in the National
Register of Historic Places appear to be economically well-used at present. The sites with historic
significance of "local importance" also appear to be in active use. However, maintenance, repair and use
of these properties may require special attention. The building code flexibility and tax benefits which
may be available to such properties need further study. The City of Carlsbad in conjunction with
individual property owners of historically significant structures should determine which local and federal
programs are applicable and take advantage of them as appropriate.
May 3, 2023 Item #4 Page 300 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 91 Local Coastal Program
POLICY 8-3 INFILL DEVELOPMENT DESIGN REVIEW
While the Scenic Preservation Overlay Zone can be used to enhance the character of new development,
the City of Carlsbad should adopt a policy whereby the unique characteristics of older communities
(especially the Elm Street corridor) can be protected through their redevelopment scheme. This policy
should reflect design standards which are in accordance with the flavor of the existing neighborhood.
POLICY 8-4 ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCES
The environmental impact review process will determine where development will adversely affect
archaeological and paleontological resources. A site-specific review should also determine the most
appropriate methods for mitigating these effects. Most importantly, the City of Carlsbad should require
the implementation of these measures.
POLICY 8-5 SIGNAGE
On-premise signs should be designed as an integral part of new development. In addition:
(A) Each business shall be entitled to one facade sign.
(B) Each shopping complex shall have only one directory sign not to exceed 15 feet in height,
including mounding.
(C) Monument sign` height including mounding shall not exceed 8 feet and shall apply where
three (3) or fewer commercial establishments exist on a parcel.
(D) Tall freestanding and roof signs shall not be allowed.
(E) Off-premise signs and billboards shall not be allowed.
(F) Current City regulations shall govern the number of square feet in each permitted sign.
May 3, 2023 Item #4 Page 301 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 92 Local Coastal Program
Exhibit 3.3 – Updated Land Use Map X, 1996
THIS MAP IS NOT IN USE
May 3, 2023 Item #4 Page 302 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 93 Local Coastal Program
Map Y - Urban Land Uses
May 3, 2023 Item #4 Page 303 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 94 Local Coastal Program
Exhibit 4.3 Agricultural Lands
May 3, 2023 Item #4 Page 304 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 95 Local Coastal Program
Exhibit 4.5 Lots Bordering Buena Vista Lagoon
May 3, 2023 Item #4 Page 305 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 96 Local Coastal Program
Exhibit 4.9 Encina Fishing Area
May 3, 2023 Item #4 Page 306 of 483
Land Use – Mello II Chapter II-2
City of Carlsbad, September 8, 2016 97 Local Coastal Program
Exhibit 4.10 Access Points
May 3, 2023 Item #4 Page 307 of 483
Land Use – West Batiquitos Lagoon/Sammis Properties Chapter II-3
City of Carlsbad 98 Local Coastal Program
II-3. West Batiquitos Lagoon/
Sammis Properties Land Use Segment
Background
LOCAL COASTAL PROGRAM AMENDMENT WEST BATIQUITOS LAGOON SEGMENT
This is an amendment to the West Batiquitos Lagoon Local Coastal Program within the City of
Carlsbad's Coastal Zone.
The amendment is required due to the change in land use as proposed by the Poinsettia Shores Master
Plan which is located within the West Batiquitos Lagoon LCP area. The proposed Poinsettia Shores
Master Plan was previously known as the Batiquitos Lagoon Educational Park (BLEP) Master Plan.
The BLEP Master Plan was originally approved by the City Council in October of 1985. The BLEP
Master Plan was prepared to facilitate the development of a private university with associated research
and development facilities. The Master Plan also included a variety of housing types as well as
recreational commercial, neighborhood commercial, travel service commercial, time-share units and a
hotel with conference facilities.
Since the approval of the BLEP Master Plan, the only development that has occurred is in Planning Area
J. There are currently 70 single family homes built within Planning Area J and an additional 5 custom
home sites remaining vacant, also in Planning Area J. The remainder of the Master Plan area is
currently undeveloped.
The Poinsettia Shores Master Plan proposes to eliminate the university and research and development
uses on the east side of the AT&SF railroad right-of-way and develop this area with a variety of
residential products in a gated community, except the Planning Areas A-3, A-4 and J shall remain open
and ungated. Land uses west of the railroad right-of-way will remain substantially as previously
approved.
A. Land Use Categories
The following are the proposed land use “Planning Areas,” each providing a brief description. The
"Planning Areas" correspond directly with the planning areas approved with the Poinsettia Shores
Master Plan. All development in these planning areas are subject to the provisions of the Poinsettia
Shores Master Plan as adopted by the Carlsbad City Council and certified by the California Coastal
Commission. No development inconsistent with the Master Plan shall be permitted. The Planning
Areas identified below will replace the former planning areas established by the BLEP Master Plan. See
the attached map for the location of the Planning Areas described below.
1. PLANNING AREA A-1
Planning Area A-1 is located north of Avenida Encinas near the intersection of Avenida Encinas and
Windrose Circle. It has a gross area of 9.8 acres and a net developable area of 8.4 acres. Planning Area
A-1 has a land use designation of RM and allows for the development of 41 single family detached
residences (plus any density bonus units as provided in the Poinsettia Shores Master Plan).
May 3, 2023 Item #4 Page 308 of 483
Land Use – West Batiquitos Lagoon/Sammis Properties Chapter II-3
City of Carlsbad 99 Local Coastal Program
2. PLANNING AREA A-2
Planning Area A-2 is located south of Avenida Encinas within the interior of the circle formed by
Windrose Circle. It has a gross area of 1.5 acres and a net developable area of 11.0 acres. Planning
Area A-2 has a land use designation of RM and allows for the development of 50 single-family detached
residences (plus any density bonus units as provided in the Poinsettia Shores Master Plan).
3. PLANNING AREA A-3
Planning Area A-3 is located west of Planning Area A-2, east of the railroad right-of-way and adjacent
to Avenida Encinas. It has a gross planning area of 10.2 acres and a net developable area of 8.6 acres.
Planning Area A-3 has a land use designation of RM and allows for the development of 51 single-family
detached residences (plus any density bonus units as provided in the Poinsettia Shores Master Plan).
4. PLANNING AREA A-4
Planning Area A-4 is located south of Planning Area A-3, east of the railroad right-of-way and adjacent
to Batiquitos Lagoon. It has a gross planning area of 14.7 acres and a net developable area of 14.7 acres.
Planning Area A-4 has a land use designation of RM and allows for the development of 62 single-
family detached residences (plus any density bonus units as provided in the Poinsettia Shores Master
Plan). Planning Area A-4 is a lagoon blufftop area which is subject to special development standards to
address visual impacts to the lagoon.
5. PLANNING AREA B-1
Planning Area B-1 is located north of Avenida Encinas and south of Lakeshore Gardens Mobile Home
Park. It has a gross planning area of 20.9 acres and a net developable area of 20.2 acres. Planning Area
B-1 has a land use designation of RM and allows for the development of 161 clustered single family
detached residences (plus any density bonus units as provided in the Poinsettia Shores Master Plan).
The cluster single-family units are organized in groups of four air space ownership units located on
common property owned by the homeowners association. These units will share in common a courtyard
and private driveway leading to the individual unit garage, front yard area and the area fronting the
adjacent street(s). Outdoor private use areas will also be provided for each home, within the common
property.
This product type provides many of the amenities found in standard single-family residential design
including: no common walls between units, private rear yards, garages, and increased privacy. The
shared common property and shared driveway allow for clustered placement of the units around a central
driveway/courtyard. This effectively reduces the number of units requiring direct street frontage and
provides additional spacing between units across the drive. This results in a street scene which exhibits
only two units in a row spaced ten feet apart in contrast to standard design practice under the Planned
Development Ordinance which allows an unlimited number of units spaced ten feet apart with certain
design criteria for single story elements.
May 3, 2023 Item #4 Page 309 of 483
Land Use – West Batiquitos Lagoon/Sammis Properties Chapter II-3
City of Carlsbad 100 Local Coastal Program
6. PLANNING AREA B-2
Planning Area B-2 is located south of and adjacent to Windrose Circle in the interior of Navigator
Circle. Planning Area B-2 has a gross area of 2.9 acres with a net developable area of 2.6 acres. This
Planning Area has a land use designation of RM and allows for the development of 16 clustered single-
family detached homes on common lots (plus any density bonus units as provided in the Poinsettia
Shores Master Plan). The cluster single-family product is discussed above under Planning Area B-1.
7. PLANNING AREA C
Planning Area C is located immediately east of Navigator Circle, to the northeast of the previously
developed single-family homes of Planning Area J and immediately west of I-5. Planning Area C has a
gross area of 11.2 acres and a net developable area of 9.6 acres. Planning Area C has a land use
designation of RM and allows for the development of 70 multi-family dwelling units (plus any density
bonus units as provided in the Poinsettia Shores Master Plan). These may include carriage-type units
with garage space below portions of the living area in each unit, located on property owned in common.
8. PLANNING AREA D
Planning Area D is located immediately east of the AT&SF Railway right-of-way to the south of
Lakeshore Gardens Mobile Home Park. Planning Area D has a gross area of 4.4 acres and a net
developable area of 4.0 acres. Planning Area D is designated as the Master Plan’s affordable housing
site, unless an offsite location is designated through an Affordable Housing Agreement between the
property owner and the City per the provisions of Chapter VII of this Master Plan.
The Poinsettia Shores Master Plan requires that 90 affordable housing units be provided either on-site
within Village D or offsite as indicated in Chapter VII of the Master Plan.
9. PLANNING AREA E
Planning Area E is located east of and adjacent to the AT&SF Railway right-of-way and north of and
adjacent to Avenida Encinas. Planning Area E has a gross area of 0.9 acres and a net developable area
of 0.5 acres; it has a land use designation of RM. This Planning Area is intended to provide recreational
vehicle storage for the Poinsettia Shores Master Plan residents.
Per the requirements of the Planned Development Ordinance, 20 square feet per unit of recreational
vehicle storage space shall be provided for all units. The Poinsettia Shores Master Plan allows for 451
market rate dwelling units, plus an additional 2 market rate units with the proposed density bonus for a
total of 474 market rate units. The 90 affordable housing units are not included in this total since the
residents of these units would be less likely to own luxury recreation vehicles. Therefore, the total
requirement for the Master Plan is 9,840 square feet of recreational vehicle parking (20 x 474 = 9,480).
The proposed RV site is .5 net developable acres or 21,780 square feet in size. This will more than
satisfy the required minimum.
This RV storage area shall be operated and maintained by the Poinsettia Shores Master Homeowners'
Association. Recreational vehicle storage shall be available by use of a paved access road prior to
issuance of the first Certificate of Occupancy for any residential unit in the Master Plan. If there is space
available within the RV storage area, nonresidents of the Master Plan may be allowed to store their
May 3, 2023 Item #4 Page 310 of 483
Land Use – West Batiquitos Lagoon/Sammis Properties Chapter II-3
City of Carlsbad 101 Local Coastal Program
recreational vehicles in this area. The fees charged to these nonresidents shall be used to pay for the
maintenance of the RV storage area. As the Poinsettia Shores Master Plan is developed, residents of the
Master Plan area shall have priority over nonresidents for storage space within the Recreational Vehicle
storage area.
10. PLANNING AREA F
Planning Area F is located at the far northwest corner of the Master Plan area west of the AT&SF
Railway right-of-way. This Planning Area has a gross area of 11 acres and a net developable area of
10.7 acres.
Planning Area F carries a Non-Residential Reserve (NRR) General Plan designation. Planning Area F is
an “unplanned” area, for which land uses will be determined at a later date when more specific planning
is carried out for areas west of the railroad right-of-way. A future Major Master Plan Amendment will
be required prior to further development approvals for Planning Area F, and shall include an LCP
Amendment with associated environmental review, if determined necessary.
The intent of the NRR designation is not to limit the range of potential future uses entirely to non-
residential, however, since the City's current general plan does not contain an “unplanned” designation,
NRR was determined to be appropriate at this time. In the future, if the Local Coastal Program
Amendment has not been processed, and the City develops an “unplanned” General Plan designation,
then this site would likely be redesignated as “unplanned.” Future uses could include, but are not limited
to: commercial, residential, office, and other uses, subject to future review and approval.
As part of any future planning effort, the City and Developer must consider and document the need for
the provision of lower cost visitor accommodations or recreational facilities (i.e. public park) on the west
side of the railroad.
11. PLANNING AREA G
Planning Area G is located west of the AT&SF Railway right-of-way, east of Carlsbad Boulevard, north
of Planning Area H and south of the Avenida Encinas extension. Planning Area G has a gross area of 8.4
acres and net developable area of 7.8 acres.
Planning Area G has a land use designation of TS/C. All development in Planning Area G shall conform
to the standards of the C-T zone of the Carlsbad Municipal Code, Chapter 21.29.
Hotel units will be managed and maintained by a hotel management group. This area also allows for
hotel units which are also permitted to be designed as vacation time share units provided that a
subdivision map is recorded and the time share is processed under Section 21.42.010 of the Carlsbad
Municipal Code. Up to 220 hotel or vacation time share units shall be allowable within this Planning
Area. Each unit shall have the option to be designed with full kitchen facilities. These units may be sold
or leased on a daily or weekly basis. In this event the facilities shall be maintained and managed by an
independent management entity which may or may not be affiliated with the hotel management group.
This Planning Area provides tourist-commercial services and, in particular, the hotel and conference
center. Uses within this area shall be primarily directed toward the needs of tourists visiting the hotel,
conference center and local scenic and recreation areas.
May 3, 2023 Item #4 Page 311 of 483
Land Use – West Batiquitos Lagoon/Sammis Properties Chapter II-3
City of Carlsbad 102 Local Coastal Program
In addition to the hotel/time share units described above, this Planning Area permits, but is not limited to
the following uses: restaurants, bakeries, convenience retail, barber and beauty shops, book and stationery
stores, dry cleaning, laundry service for hotel, florist shops, small specialty grocery stores, novelty and/or
souvenir stores, travel agencies, confectionery stores and jewelry stores. Other similar uses are also
allowed upon approval of the Director of Planning.
A maximum of 220 hotel and/or time share units, private recreation facilities in conjunction with the hotel
and/or time share related uses as well as 58,600 square feet of commercial area.
A maximum of 58,600 square feet of tourist commercial floor area is permitted.
12. PLANNING AREA H
Planning Area H is located immediately east of Carlsbad Boulevard between the hotel to the north and
an open space area to the south. This Planning Area has a gross area of 3.7 acres and a net developable
area of 3.7 acres. Planning Area H is a lagoon blufftop area with a land use designation of TS/C. This
Planning Area is subject to special development standards which address visual impacts to the lagoon.
Planning Area H will include a hotel and conference center with recreational facilities, administrative
offices, banquet facilities and accessory retail uses as approved by the Planning Director. All
development in Planning Area H shall conform to the standards of the C-T zone of the Carlsbad
Municipal Code, Chapter 21.29.
Permitted uses within Planning Area H are those commonly found with full service hotel facilities to
include, but not limited to, a conference center, swimming pool, tennis courts, health club, dining
facilities, and accessory retail uses provided for the convenience of hotel guests when located within the
hotel structure(s).
A maximum of a 150 executive suite hotel, a maximum of five tennis courts and a maximum of 120,000
square feet of commercial area which includes a 25,000 conference center is allowed within this
Planning Area.
13. PLANNING AREA I
Open Space Area I is located north of Batiquitos Lagoon, west of the AT&SF Railway right-of-way and
east of Carlsbad Boulevard at the southwest corner of the Master Plan area. Planning Area I has a gross
area of 11.9 acres. Planning Area I has a land use designation of OS.
Land within this planning area has been conveyed to the State Lands Commission as a requirement of
the BLEP Master Plan and approved Coastal Development Permit. The area is subject to the Batiquitos
Lagoon Enhancement Plan and any activities in this area shall be consistent with the approved
enhancement plan. No activities contrary to that plan shall be allowed. A desilting basin may be
constructed in the northwest portion of Open Space Area I. The proposed desiltation basin site is outside
the Batiquitos Lagoon Enhancement Plan’s implementation area. The City has reviewed a feasible
design for the basin and storm drain in the review of the former Batiquitos Lagoon Educational Park
(BLEP) project. In addition, the specific implementation design of the Enhancement Plan has accounted
for the location of this desiltation basin.
May 3, 2023 Item #4 Page 312 of 483
Land Use – West Batiquitos Lagoon/Sammis Properties Chapter II-3
City of Carlsbad 103 Local Coastal Program
14. PLANNING AREA J
Planning Area J is located north of Batiquitos Lagoon in the eastern portion of the Poinsettia Shores
Master Plan area. Planning Area J is the only portion of the Master Plan area that has been developed.
There are currently 70 homes built with five lots remaining to be developed. Planning Area J has a gross
area of 1.8 acres.
This planning area has a land use designation of RM and allows for the development of 75 single-family
detached units of which 70 units have already been built.
15. PLANNING AREA K
Planning Area K is located north of Batiquitos Lagoon, east of the AT&SF Railway right-of-way and
West of I-5. Planning Area K has a gross area of 18. acres. This planning area has a land use
designation of OS.
Land within this planning area has been conveyed to the State Lands Commission as a requirement of
the BLEP Master Plan and approved Coastal Development Permit. The area is subject to the Batiquitos
Lagoon Enhancement Plan and any activities in this area shall be consistent with the approved
enhancement plan. No activities contrary to that plan shall be allowed.
16. PLANNING AREA L
Planning Area L is located north of Batiquitos Lagoon and Planning Area K and separating Planning
Areas A-4 from Planning Area J. Planning Area L has a gross area of 4.6 acres. This planning area has
a land use designation of O-S.
Land within this planning area has been conveyed to the State Lands Commission as a requirement of
the BLEP Master Plan and approved Coastal Development Permit. The area is subject to the Batiquitos
Lagoon Enhancement Plan and any activities in this area shall be consistent with the approved
enhancement plan. No activities contrary to that plan shall be allowed.
17. PLANNING AREA M
Planning Area M has a land use designation of O-S. This area shall be developed as a private
Community Recreation Center and will be located adjacent to Avenida Encinas between Planning Areas
A-1 and B-1. The Recreational Facility Center has a gross acreage of 2 acres and a net acreage of 2
acres.
This facility will be available to all homeowners within the Poinsettia Shores Master Plan area, except as
outlined in the Poinsettia Shores Master Plan within the development standards of Planning Area M.
THE ABOVE LAND USE CATEGORIES REFLECT THE PLANNING AREAS WITHIN THE
POINSETTIA SHORES MASTER PLAN -- THIS LCP AMENDMENT INCLUDES ADDITIONAL
AREA TO THAT OF THE POINSETTIA SHORES MASTER PLAN. THE FOLLOWING LAND
USE CATEGORY COVERS THOSE AREAS OUTSIDE THE POINSETTIA SHORES MASTER
PLAN, BUT WITHIN THIS AMENDMENT.
May 3, 2023 Item #4 Page 313 of 483
Land Use – West Batiquitos Lagoon/Sammis Properties Chapter II-3
City of Carlsbad 104 Local Coastal Program
18. WEST BATIQUITOS LAGOON
Public Resources Code Section 30233(c) identifies Batiquitos Lagoon as one of 19 priority wetlands and
limits the types of uses and activity that may occur there. This area is Open Space (O-S) in order to
preserve the function of the lagoon and the immediately adjacent uplands as a viable wetland ecosystem
and habitat for resident and migratory wildlife. Uses shall be limited to activities related to habitat
enhancement, educational and scientific nature study, passive recreation which will have no significant
adverse impacts on habitat values, and aquaculture having no significant adverse effect on natural
processes or scenic quality.
B. Agricultural Lands
(approximately 100 acres originally identified as non-prime, of which 60 remain)
Non-prime agricultural lands identified during the review of the Batiquitos Lagoon Educational Park
Plan are shown on Map C. Of the original 100 acres, 60 acres remain undeveloped. Forty acres have
been converted to urban uses in accordance with the provisions of the West Batiquitos Lagoon/Sammis
Properties Local Coastal Program and the Batiquitos Lagoon Educational Park Master Plan. An
agricultural conversion mitigation fee of $5,000/acre was set by the California Coastal Commission with
approval of the project. At the same time, the State Coastal Commission agreed to accept a bond and
recorded deed restriction securing the balance of payment due for conversion of the remaining 60 acres
of agricultural land. In September of 1986, $200,000 was paid by the property owner to the State
Coastal Conservancy for conversion of 40 acres to urban uses in accordance with the project conditions.
The remaining 60 acres of land may be converted to urban uses as specified in this plan and the
Poinsettia Shores Master Plan, upon the payment of an agricultural conversion mitigation fee. This fee
implements Public Resources Code Section 30171.5. Unconverted agricultural land may be used for
purposes specified in the Carlsbad E-A zone, Carlsbad Municipal Code, 21.07, or the Coastal
Agricultural zone if adopted pursuant to the “Mello II” segment of the Carlsbad LCP as amended.
Agricultural Conversion Mitigation Fee:
Conversion of non-prime agricultural lands shall be permitted upon payment of an agricultural
conversion fee which shall mitigate the loss of agricultural resources by preserving or enhancing other
important coastal resources. The amount of the fee shall be determined by the City Council at the time it
considers the proposal for development and shall reflect the per acre cost of preserving prime
agricultural land pursuant to Option 1 of the “Mello II” portion of the Carlsbad LCP, as amended, but
shall not be less than $5,000 nor more than $10,000 per acre. All mitigation fees collected under this
section shall be deposited in the State Coastal Conservancy Fund and shall be expended by the State
Coastal Conservancy in the following order of priority:
1. Restoration of natural resources and wildlife habitat in Batiquitos Lagoon;
2. Development of an interpretive center at Buena Vista Lagoon;
3. Restoration of beaches managed for public use in the coastal zone in the City of Carlsbad;
May 3, 2023 Item #4 Page 314 of 483
Land Use – West Batiquitos Lagoon/Sammis Properties Chapter II-3
City of Carlsbad 105 Local Coastal Program
4. Purchase of agricultural lands for continued agricultural production within the Carlsbad Coastal
Zone as determined by the Carlsbad City Council;
5. Agricultural improvements which will aid in continuation of agricultural production within the
Carlsbad Coastal Zone, as determined by the Carlsbad City Council.
NOTE: The fee for the remaining 60 acres of non-prime agricultural land within the Poinsettia
Shores Master Plan was set with the approval of the Batiquitos Lagoon Educational Park
Master Plan at $5,000 per acre.
C. Grading and Erosion Control
a. Because the area is located close to environmentally sensitive habitats, all development must include
mitigation measures for the control of urban runoff flow rates and velocities, urban pollutants, erosion
and sedimentation in accordance with the requirements of the City’s Grading Ordinance, Storm Water
Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), City of Carlsbad Drainage Master
Plan, and the following additional requirements. The SUSMP, dated April 2003 and as amended, and
the City of Carlsbad Drainage Master Plan are hereby incorporated in the LCP by reference.
Development must comply with the requirements of the Jurisdictional Urban Runoff Management
Program (JURMP) and the San Diego County Hydrology Manual to the extent that these requirements
are not inconsistent with any policies of the LCP.
b. Drainage and runoff shall be controlled so as not to exceed the capacity of the downstream drainage
facilities or to produce erosive velocities and appropriate measures shall be taken on and/or off the site to
prevent the siltation of the Batiquitos Lagoon and other environmentally sensitive areas.
c. All graded areas shall be hydroseeded prior to October 1st with either temporary or permanent materials.
Landscaping shall be maintained and replanted if not established by December 1st.
d. Grading plans shall indicate staking or fencing of open space areas during construction and shall
specifically prohibit running or parking earth-moving equipment, stockpiling or earthwork material, or
other disturbances within the open space areas.
e. Any necessary temporary or permanent erosion control devices required for the development of a
specific planning area, such as desilting basins, shall be developed and installed prior to any on, or off,
site grading activities within the specific planning area requiring the mitigation, or, concurrent with the
grading, provided all devices required for that planning area are installed and operating prior to October
1st, and installation is assured through bonding or other acceptable means.
f. The developer must provide for the long-term maintenance of drainage improvements and erosion
control devices.
g. Prior to making land use decisions, the City shall utilize methods available to estimate increases in
pollutant loads and flows resulting from proposed future development. The City shall require
developments to incorporate structural and non-structural best management practices (BMPs) to mitigate
the projected increases in pollutant loads and minimize any increases in peak runoff rate.
May 3, 2023 Item #4 Page 315 of 483
Land Use – West Batiquitos Lagoon/Sammis Properties Chapter II-3
City of Carlsbad 106 Local Coastal Program
h. Water pollution prevention methods shall be implemented to the maximum extent practicable, and
supplemented by pollutant source controls and treatment. Small collection strategies located at, or as
close as possible to, the source (i.e., the point where water initially meets the ground) to minimize the
transport of urban runoff and pollutants offsite and into a municipal separate storm sewer system (MS4)
shall be utilized.
i. Post-development runoff from a site shall not contain pollutant loads which cause or contribute to an
exceedance of receiving water quality objectives or which have not been reduced to the maximum extent
practicable.
j. Development projects should be designed to comply with the following site design principles:
1. Protect slopes and channels to decrease the potential for slopes and/or channels from eroding and
impacting storm water runoff.
2. To the extent practicable, cluster development on the least environmentally sensitive portions of
a site while leaving the remaining land in a natural undisturbed condition.
3. Preserve, and where possible, create or restore areas that provide important water quality
benefits, such as riparian corridors, wetlands and buffer zones. Land acquisition of such areas
shall be encouraged.
4. Provide development-free buffer zones for natural water bodies.
5. Minimize the amount of impervious surfaces and directly connected impervious surfaces in areas
of new development and redevelopment.
6. Where feasible implement site design/landscape features to slow runoff and maximize on-site
infiltration of runoff.
7. Properly design outdoor material storage areas (including the use of roof or awning covers) to
minimize the opportunity for toxic compounds, oil and grease, heavy metals, nutrients,
suspended solids and other pollutants from entering the storm water conveyance system.
8. Incorporate roof or awning covers over trash storage areas to prevent off-site transport of trash
and other pollutants from entering the storm water conveyance system.
9. Limit disturbances of natural water bodies and natural drainage systems caused by development
including roads, highways and bridges.
10. Design streets and circulation systems to reduce pollutants associated with vehicles and traffic
resulting from development.
k. Priority projects identified in the SUSMP will incorporate structural BMPs and submit a Water Quality
Technical Report as specified in the NPDES permit and in the SUSMP.
May 3, 2023 Item #4 Page 316 of 483
Land Use – West Batiquitos Lagoon/Sammis Properties Chapter II-3
City of Carlsbad 107 Local Coastal Program
l. Structural BMPs used to meet SUSMP requirements for priority projects shall be based on the California
Stormwater Quality Association (CASQA) Stormwater Best Management Practice (BMP) Handbook,
dated January 2003 or the current version of that publication, and designed to meet, infiltrate, filter or
treat the runoff produced from each storm event up to and including the 85th percentile 24-hour storm
event.
m. Priority projects will include projects increasing impervious area by more than 2,500 square feet or by
more than 10% of existing impervious area, that are in, adjacent to or drain directly to Environmentally
Sensitive Areas (ESA), identified in the City of Carlsbad Standard Urban Storm Water Mitigation Plan
(SUSMP) dated April 2003, using the definitions of “adjacent to” and draining directly to” that are found
in the SUSMP.
n. The City shall include requirements in all coastal development permit approvals to inspect and maintain
required BMPs for the life of the project.
o. The City will encourage and support public outreach and education regarding the potential water quality
impacts of development.
p. Development shall minimize land disturbance activities during construction (e.g., clearing, grading and
cut-and-fill), especially in erosive areas (including steep slopes, unstable areas and erosive soils), to
minimize impacts on water quality of excessive erosion and sedimentation. Development shall
incorporate soil stabilization BMPs on disturbed areas as soon as feasible.
q. Projects within 200 feet of the Pacific Ocean shall be dealt with as “Projects Discharging to Receiving
Waters within Environmentally Sensitive Areas” as defined in Appendix I of the SUSMP, including
being treated as a priority project if they create more than 2,500 square feet of impermeable surface or
increase the impermeable surface on the property by more than 10%.
r. Although residential developments of less than 10 units, including single family residences, are
generally exempt from the SUSMP priority project requirements, they shall meet those requirements,
including achievement of the numerical sizing standard, if they are in, within 200 feet of, or discharging
directly to an ESA, including the Pacific Ocean; or shall provide a written report signed by a licensed
civil engineer showing that as the project is designed they are mitigating polluted runoff, including dry
weather nuisance flows, to the maximum extent practicable.
s. Detached residential homes shall be required to use efficient irrigation systems and landscape designs or
other methods to minimize or eliminate dry weather flow, if they are within 200 feet of an ESA, coastal
bluffs or rocky intertidal areas.
t. The following minor revisions may occur to the Carlsbad SUSMP Storm Water Standards dated April
2003 without an LCP amendment:
a. Addition of new Best Management Practices (BMPs) found to be more protective of water
quality than current BMPs or removal of BMPs found to be ineffective. (This does not include
removal of BMPs or categories of BMPs on the basis that the City finds them to be infeasible or
impractical.)
b. Addition of new development categories as Priority Projects.
May 3, 2023 Item #4 Page 317 of 483
Land Use – West Batiquitos Lagoon/Sammis Properties Chapter II-3
City of Carlsbad 108 Local Coastal Program
c. Addition of new coastal waters to the map of Environmentally Sensitive Areas.
d. Reductions in the area of impervious surfaces used to designate a specific category of Priority
Projects.
u. Any minor changes made pursuant to the above list shall be accompanied by a finding that the changes
will improve and better protect coastal water quality. The City Engineer or Planning Director shall
notify the Executive Director in writing of any of the above listed changes. For any changes not
included in the above list, the City shall contact the Executive Director to determine whether an LCP
amendment is necessary, and if necessary, shall subsequently apply for an LPC amendment for the
changes.
NOTE: The Poinsettia Shores Master Plan provides additional specific standards which relate to
grading - see standards for individual planning areas and the Master Plan Grading and
Earthwork Chapter.
D. Landscaping
In order to guard against introduction of any species which are inherently noxious to, or incompatible
with, the adjacent lagoon habitat, drought tolerant plants and native vegetation shall be used to the
maximum extent feasible.
Landscaping adjacent to structures should provide an effective screen of urban development.
NOTE: The Poinsettia Shores Master Plan provides additional specific standards which relate to
landscaping - see standards for individual planning areas and the Master Plan Theme
Elements Chapter.
E. Environmentally Sensitive Habitats
The environmentally sensitive habitats located on the affected area (i.e., wetlands and bluff slopes) shall
be preserved as open space.
These sensitive areas are protected from any significant disruption through fee dedication of wetland
areas and recordation of open space easements. The dedication of the designated wetland areas has been
completed and accepted by the California Coastal Conservancy. Recordation of several open space
easements has occurred with the existing development along the blufftop in the area identified as
Planning Area J. Recordation of additional open space easements along the bluff and railroad right-of-
way shall occur upon recordation of the final maps for Planning Areas A-3 and A-4, G and H.
Furthermore, development on the blufftops shall maintain setbacks as identified in the Poinsettia Shore
Master Plan from the bluff edges to prevent possible impacts on adjacent environmentally sensitive
habitats. No grading or manufactured slopes associated with the adjacent private residential
developments shall occur within the public open space and setback areas.
Any future restoration, enhancement and preservation of Batiquitos Lagoon shall be consistent with a
Batiquitos Lagoon Enhancement Plan. The Batiquitos Lagoon Enhancement Plan has been adopted by
the City of Carlsbad and certified by the California Coastal Commission. This plan is currently included
as an attachment to the Carlsbad Local Coastal Program. Any other lagoon enhancement plans must
also be approved by the City of Carlsbad and certified by the California Coastal Commission in
conformance with the California Coastal Act.
May 3, 2023 Item #4 Page 318 of 483
Land Use – West Batiquitos Lagoon/Sammis Properties Chapter II-3
City of Carlsbad 109 Local Coastal Program
F. Public Access
A pedestrian walkway shall be provided along the western portion of areas G and H from approximately
Avenida Encinas on the north to the San Marcos Creek Bridge on the south. The walkway shall be
permanently open to use by the public.
Lagoon accessways, blufftop accessways or equivalent overlook areas, and a bike path/pedestrian
walkway, shall be provided if agricultural land on the north shore of Batiquitos Lagoon is developed.
Each planning area containing a segment of the trail shall be conditioned to require construction and
maintenance of that portion of the trail within the planning area, unless otherwise specified in the
Batiquitos Lagoon Enhancement Plan. Each planning area containing a segment of the trail shall be
conditioned to construct its trail segment prior to issuance of any building permits for that planning area.
Such accessways shall be preserved for public use by requiring irrevocable offers of dedication of those
areas as a condition of development and, prior to the issuance of any building permits for those planning
areas, the trail dedications shall be accepted by the City of Carlsbad if the City agrees and it adopts a
Citywide Trails Program that includes provisions for maintenance and liability. Otherwise, prior to the
issuance of any building permits, the obligation for acceptance, construction, maintenance, and liability
shall be the responsibility of another agency designated by the City or the responsibility of the
Homeowners Association. Upon acceptance of the dedication, including maintenance and liability
responsibilities, and completion of the trail improvements, the trail shall be open for public use. The
accessways shall not adversely impact environmentally sensitive habitats.
A Trail Construction Plan shall be provided for all planning areas containing public trails. The public
trails alignment shall be as shown on the attached exhibit. The plan shall indicate that all trail
alignments will be atop of the lagoon or railroad slopes and shall be constructed in the least
environmentally-damaging manner. The public trail shall be a minimum width of ten feet measured
inland from the top of the bluff edge or railroad embankment. The trail improvements shall include a
minimum 5 foot wide improved accessway, fencing, trash receptacles and interpretive signage. In
addition to the existing trailhead at Windrose Circle, two additional trailheads shall be provided: one at
the southwest corner of Planning Area A-4 adjacent to the railroad right-of-way and one at the northwest
corner of Planning Area A-3, adjacent to Avenida Encinas. These trailheads shall include appropriate
directional signage and identification. The plan shall also include construction specifications,
maintenance standards, and specify what party(ies) shall assume maintenance and liability
responsibilities.
The public facilities and improvements specified by the Poinsettia Shores Master Plan shall be provided
by the developer - see the Public Facilities and Open Space Chapters of the Master Plan.
G. Archaeology
A program of preservation and/or impact mitigation regarding archaeological sites located on the
affected area shall be completed prior to any development.
May 3, 2023 Item #4 Page 319 of 483
Land Use – West Batiquitos Lagoon/Sammis Properties Chapter II-3
City of Carlsbad 110 Local Coastal Program
H. State Lands Commission Review
Prior to issuance of a coastal development permit, the permittee shall obtain a written determination
from the State Lands Commission that:
1. No State Lands are involved in the development, or
2. State Lands are involved in the development and all permits required by the State Lands
Commission have been obtained, or
3. State Lands may be involved in the development, but pending a final determination an agreement
has been made with the State Lands Commission for the project to proceed without prejudice to
that determination.
I. Master Plan Approval
The Poinsettia Shores Master Plan as adopted by the Carlsbad City Council Ordinance No. NS-266 and
certified by the California Coastal Commission is approved as the Implementing Ordinance for this
Local Coastal Land Use Plan. Upon final certification by the California Coastal Commission, this
portion of the Carlsbad Local Coastal Program shall be deemed certified.
May 3, 2023 Item #4 Page 320 of 483
Land Use – West Batiquitos Lagoon/Sammis Properties Chapter II-3
City of Carlsbad 111 Local Coastal Program
Map A: Poinsettia Shores Master Plan
May 3, 2023 Item #4 Page 321 of 483
Land Use – West Batiquitos Lagoon/Sammis Properties Chapter II-3
City of Carlsbad 112 Local Coastal Program
Map B: LCP Amendment Boundary
May 3, 2023 Item #4 Page 322 of 483
Land Use – West Batiquitos Lagoon/Sammis Properties Chapter II-3
City of Carlsbad 113 Local Coastal Program
Map C:
May 3, 2023 Item #4 Page 323 of 483
Land Use – East Batiquitos Lagoon/Hunt Properties Chapter II-4
City of Carlsbad 114 Local Coastal Program
II-4. East Batiquitos Lagoon/
Hunt Properties Segment
A. Background
This Local Coastal Program creates a new segment of the Carlsbad Local Coastal Program by addressing
the properties within the City of Carlsbad's coastal zone - outside the Mello I and Mello II areas. The
subject geographical area is east of I-5 and generally includes the north shore of the Batiquitos Lagoon,
Batiquitos Lagoon, and Green Valley. The area was, prior to annexation into the City of Carlsbad in
1984, part of the San Dieguito LCP. This segment was certified in 1985.
B. Land Use Policies
1. LAND USE CATEGORIES
Sub-areas (see map in back of document)
(1) North Shore Batiquitos Lagoon (outside the wetland boundary).
All non-agricultural land use and development is subject to the provisions of the Pacific Rim
Master Plan as adopted by Carlsbad City Council and as approved or modified by the California
Coastal Commission. No development inconsistent with the Master Plan shall be permitted. To
the extent that there are inconsistencies between the Master Plan and this LCP the most
restrictive requirements shall prevail.
It is understood that Sub-Area No. 1 is part of a larger holding on the north shore owned by Hunt
Properties or its successors in interest. These other contiguous properties are included in the
Mello I and Mello II segments of the Carlsbad LCP. All contiguous north shore properties
including the lagoon which are owned by Hunt Properties or its successors shall be the subject of
a single master plan.
(a) Land Uses Permitted Pursuant to a Master Plan
Unless otherwise noted herein, uses permitted by the Master Plan shall be consistent with
those allowed by the Carlsbad General Plan as adopted as of March 1, 1988. In general,
the Master Plan and Carlsbad General Plan allow for a combination of residential,
commercial, and open space uses. Specifically, the uses shall be as follows:
1) Residential - the Mesa (Planning Area 30) shall be designated Residential
Medium Density (RM 4-8 du/ac) but constraints to development permit a
maximum of 135 du. All other residential areas subject to this LCP segment are
designated Residential Low-Medium density (RLM 0-4 du/ac).
2) Commercial - Portions of Planning Areas 10 and 11 that are subject to this plan
are designated Recreation Commercial (RC). In addition to the uses permitted
under this designation, other uses may include restaurants.
May 3, 2023 Item #4 Page 324 of 483
Land Use – East Batiquitos Lagoon/Hunt Properties Chapter II-4
City of Carlsbad 115 Local Coastal Program
3) Open Space - Portions of Planning Area 1, 1A, and 1B are designated Open
Space (OS). In addition to uses permitted under this designation, other uses may
include public and/or private golf course plus accessory uses such as clubhouse
facilities. Uses in this open space area shall be designated so that there will be no
significant adverse impacts on environmentally sensitive habitats. Also
designated for open space is the lagoon wetland and a buffer (transition habitat
Planning Areas 31A and 31B). The only uses allowed within the wetland shall
be consistent with Section 30233 (Public Resources Code - See discussion in
Policy C-1 below). The only uses allowed within the wetland buffer is lateral
public access trail system, including signing and fencing as required consistent
with the Batiquitos Lagoon Enhancement Plan prepared by the California Coastal
Conservancy and/or as approved by the Coastal Commission in Coastal
Development Permit No. 6-87-680. The trail shall be designed so as to, maintain
and preserve sensitive wetland areas from disturbance, encroachment, human or
domestic pet interference.
(2) Batiquitos Lagoon
The lagoon wetland area as determined by California Department of Fish and Game (CDFG) and
the U.S. Fish and Wildlife Service (FWS) is designated Open Space (OS) with a Special
Treatment Area Overlay. The general boundaries are shown on Exhibit . The precise
wetland boundaries as determined by the above agencies are depicted on a map on file in the
Carlsbad Planning Department.
(3) Green Valley (approximately 280 acres)
The area south of La Costa Avenue and west of El Camino Real is designated for a combination
of uses as follows:
(a) Riparian corridor of Encinitas Creek (approximately 40 acres) designated Open Space
(OS) with a Special Treatment Overlay.
1) Steep Slopes - Slopes 40% or greater are designated Open Space (OS) and
constrained from development. Slopes 25% to 40% may also be constrained
from development. (See Grading Section.)
(b) Upland (approximately 240 acres) is designated for a combination of Residential
(Medium High Density - RMH - 9-15 du/ac), Commercial (C), and Office (O) uses. The
maximum height of new development shall be limited to 35 feet consistent with the
Carlsbad Municipal Code. Additionally, the intensity of development shall be
compatible with the currently planned road capacities of La Costa Avenue and El
Camino Real. Approval of these land uses shall not be considered precedent for
increasing the road capacity of these two corridors. Development of the entire 280 acres
of Green Valley shall be pursuant to a Master Plan which is consistent with the uses
allowed by the Carlsbad General Plan adopted as of March 1, 1988.
May 3, 2023 Item #4 Page 325 of 483
Land Use – East Batiquitos Lagoon/Hunt Properties Chapter II-4
City of Carlsbad 116 Local Coastal Program
2. AGRICULTURE/PLANNED DEVELOPMENT
Prior to the approval (by Carlsbad and the Coastal Commission or its successor) of a master plan for
either Sub-area No. 1 (Northshore) or Sub-area No. 3 (Green Valley) the uses permitted on either Sub-
area shall be consistent with those allowed by the Mello II LCP Segment Policy 2-1C (Permitted Uses
on Agricultural Lands). Conversion of these non-prime agricultural lands to urban uses pursuant to the
approved master plan(s) shall be consistent with the Coastal Act Section 30171.5 (Public Resources
Code) which requires a mitigation fee.
Development pursuant to the approved master plan(s) shall be consistent with the provisions of the
Carlsbad Planned Community Zone with the additional requirement that all development as defined by
the Coastal Act shall require approval of a Coastal Development Permit.
3. ENVIRONMENTALLY SENSITIVE HABITATS
The environmentally sensitive habitats (wetlands, riparian areas, and areas greater than 25% slope) shall
be preserved as open space with the following additional requirements:
(1) Batiquitos Lagoon Special Treatment Overlay - The wetlands as defined and determined by
CDFG and FWS shall be constrained from development. Pursuant to Section 30233(C) (Public
Resources Code) any alteration of the wetlands shall be limited to minor incidental public
facilities, restorative measures, and nature studies. Furthermore, any alteration of the wetlands
must be approved by the City of Carlsbad and the Coastal Commission. The latter because it
will retain Coastal Development Permit jurisdiction. In addition, any wetland alteration will
require federal approval through an Army Corps of Engineers (COE) permit.
(2) Wetlands Buffer - The lagoon Special Treatment Overlay shall include a buffer area outside the
wetlands boundary as mapped by CDFG and FWS. The buffer shall be of sufficient width
(minimum 100 feet unless approved by the Coastal Commission or its successor as part of a
Coastal Development Permit) so as to provide a transition habitat as well as provide a protective
area to reduce possible disruptive impacts to the lagoon's wildlife and habitats. No development
shall occur within the wetlands buffer except for the lateral public access trail described in Policy
A1C above.
(3) Green Valley Riparian Corridor - The riparian corridor (approximately 40 acres) shall be
constrained from all development. In addition, a 50 foot wide buffer area shall be preserved in
open space upland of the boundaries of the riparian corridor. Unless otherwise specified herein,
development within the buffer area shall be limited to the construction of a pedestrian path with
fencing and other improvements deemed necessary to protect the riparian habitat in the upper
(upland) half of the buffer area. Any alteration of the riparian corridor shall be limited to the
following and shall require Carlsbad approval, a Coastal Development Permit, Stream Alteration
Agreement, and COEP permit:
(a) Access - A maximum of two (2) crossings shall be permitted to provide access to the
developable portions of Green Valley. The access crossings shall be designed to
minimize adverse impacts to the habitat value of the riparian corridor and shall be
mitigated by the creation of and maintenance of new riparian habitat at a ratio of 3 square
May 3, 2023 Item #4 Page 326 of 483
Land Use – East Batiquitos Lagoon/Hunt Properties Chapter II-4
City of Carlsbad 117 Local Coastal Program
feet of new riparian area for each 1 square foot of disturbance associated with
construction of the accessways. All mitigation required shall be located onsite and
contiguous with the existing riparian corridor.
(b) Flood and sediment control projects - shall be allowed adjacent to the riparian corridor
provided such projects do not involve any removal of riparian habitat or diversion of
non-flood water flows upon which the habitat is dependent provided there are no less
environmentally damaging feasible alternatives and/or public health, safety, and welfare
or protection of the lagoon is found to be a mutually exclusive higher priority.
(4) Steep Slopes - Slopes 40% or greater shall be constrained from development. Slopes 25% to
40% may be constrained from development. (See Grading and Erosion Control below.)
The above environmentally sensitive areas shall be protected from any significant disruptive impacts
through fee dedication of the wetlands and recordation of open space easements over the lagoon buffer
and riparian corridor and recordation of open space deed restrictions over the riparian corridor buffer and
constrained steep slopes. For the wetlands of Batiquitos Lagoon and the upland 100 foot wide buffer
area and designated steep slope areas constrained from development north of the lagoon, recordation of
such open space easements and recordation of open space deed restrictions shall be required as
conditions of approval of the Pacific Rim Master Plan. For the environmentally sensitive areas of Green
Valley, recordation of an open space easement over the riparian corridor and recordations of open space
deed restrictions over the riparian buffer area and steep slope areas constrained from development shall
be required as conditions of development at the time of review of the required Master Plan for the area
under the coastal development permit process.
4. GRADING, DRAINAGE AND EROSION CONTROL
(1) Batiquitos Lagoon is the primary coastal resource within the subject area and warrants stringent
controls on upstream development activities. Downstream impacts of possible erosion and
sedimentation due to development must be limited to insignificant levels. Many slope areas on
the property contain sensitive vegetation and support a variety of wildlife species. Slope areas
also pose possible geologic hazards and require close development review.
(2) Any development proposal that affects slopes 25% inclination or greater, shall be required to
prepare a slope map and analysis for the affected slopes. The slope mapping and analysis shall
be prepared during the CEQA environmental review on a project-by-project as is and shall be
required as a condition of a coastal development permit.
(3) Under the Master Plan requirements, any development shall conform to the following additional
standards:
(a) For those slopes mapped as possessing endangered plant/animal species and/or Coastal
Sage Scrub and Chaparral plant communities, the following shall apply:
1) Slopes of 25% grade and over shall be preserved in their natural state, unless the
application of this policy would preclude any reasonable use of the property in
which case an encroachment not to exceed 10% of the steep slope area over 25%
grade may be permitted. For existing legal parcels, with 25% grade, any such
May 3, 2023 Item #4 Page 327 of 483
Land Use – East Batiquitos Lagoon/Hunt Properties Chapter II-4
City of Carlsbad 118 Local Coastal Program
encroachment shall be limited so that at no time is more than 20% of the entire
parcel (including areas under 25% slope) permitted to be disturbed from its
natural state. This policy shall not apply to the construction of roads of the City's
Circulation Element or the development of utility systems. Uses of slopes over
25% may be made in order to provide access to flatter areas if there is no less
environmentally damaging alternative available.
2) No further subdivisions of land or utilization of Planned Unit Developments shall
occur on lots that have their total area in excess of 25% slope unless a Planned
Unit Development is proposed which limits grading and development to not
more than 20% of the total site area.
3) Slopes and areas remaining undisturbed as a result of the hillside review process,
shall be placed in a permanent open space easement as a condition of
development approval. The purpose of the open space easement shall be to
reduce the potential for localized erosion and slide hazards, to prohibit the
removal of native vegetation except for creating firebreaks and/or planting fire
retardant vegetation and to protect visual resources of importance to the entire
community.
(b) For all other 25% and over slope areas, the City Council may allow exceptions to the
above grading provisions provided the following mandatory findings to allow exceptions
are made:
1) A soils investigation conducted by a licensed soils engineer has determined the
subject slope area to be stable and grading and development impacts mitigable
for at least 75 years, or life of structure.
2) Grading of the slope is essential to the development intent and design.
3) Slope disturbance will not result in substantial damage or alteration to major
wildlife habitat or native vegetation areas.
4) If the area proposed to be disturbed is predominated by steep slopes and is in
excess of 10 acres, no more than one third of the total steep slope area shall be
subject to major grade changes.
5) If the area proposed to be disturbed is predominated by steep slopes and is less
than 10 acres, complete grading may be allowed only if no interruption of
significant wildlife corridors occurs.
6) Because north-facing slopes are generally more prone to stability problems and
in many cases contain more extensive natural vegetation, no grading or removal
of vegetation from these areas will be permitted unless all environmental impacts
have been mitigated. Overriding circumstances are not considered adequate
mitigation.
(c) Drainage and runoff shall be controlled so as not to exceed at any time the rate associated
with property in its present state, and appropriate measures shall be taken on and/or
offsite to prevent siltation of lagoons and other environmentally sensitive areas.
May 3, 2023 Item #4 Page 328 of 483
Land Use – East Batiquitos Lagoon/Hunt Properties Chapter II-4
City of Carlsbad 119 Local Coastal Program
(d) The appropriate erosion control measures shall be installed prior to onsite grading.
(e) All undeveloped slopes shall be placed in open space easements as a condition of
development.
(f) Mitigation measures tailored to project impacts and consistent with the control of
cumulative development shall be implemented prior to development in accordance with
the following additional criteria:
1) Submittal of a runoff control plan designated by a licensed engineer qualified in
hydrology and hydraulics, which would assure no increase in peak runoff rate
from the developed site over the greatest discharge expected from the existing
undeveloped site as a result of a 10-year frequency storm. Runoff control shall
be accomplished by a variety of measures, including, but not limited to, onsite
catchment basins, detention basins, siltation traps, and energy dissipators and
shall not be concentrated in one area or a few locations.
2) Detailed maintenance arrangements and various alternatives for providing the
ongoing repair and maintenance of any approved drainage and erosion control
facilities.
3) All permanent runoff and erosion control devices shall be developed and
installed prior to or concurrent with any onsite grading activities.
4) All areas disturbed by grading, but not completed during the construction period,
including graded pads, shall be planted and stabilized prior to October 1st with
temporary or permanent (in the case of finished slopes) erosion control measures
and native vegetation. The use of temporary erosion control measures, such as
berms, interceptor ditches, sandbagging, filtered inlets, debris basins, and silt
traps shall be utilized in conjunction with plantings to minimize soil loss from the
construction site. Said plantings shall be accomplished under the supervision of
a licensed landscape architect and shall consist of seeding, mulching,
fertilization, and irrigation adequate to provide 90% coverage within 90 days.
Planting shall be repeated, if the required level of coverage is not established.
This requirement shall apply to all disturbed soils, including stockpiles.
5) All development must include mitigation measures for the control of urban
runoff flow rates and velocities, urban pollutants, erosion and sedimentation in
accordance with the requirements of the City’s Grading Ordinance, Storm Water
Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), City of
Carlsbad Drainage Master Plan, and the following additional requirements. The
SUSMP, dated April 2003 and as amended, and the City of Carlsbad Drainage
Master Plan are hereby incorporated into the LCP by reference. Development
must also comply with the requirements of the Jurisdictional Urban Runoff
Management Program (JURMP) and the San Diego County Hydrology Manual
to the extent that these requirements are not inconsistent with any policies of the
LCP.
May 3, 2023 Item #4 Page 329 of 483
Land Use – East Batiquitos Lagoon/Hunt Properties Chapter II-4
City of Carlsbad 120 Local Coastal Program
6) Prior to making land use decisions, the City shall utilize methods available to
estimate increases in pollutant loads and flows resulting from proposed future
development. The City shall require developments to incorporate structural and
non-structural best management practices (BMPs) to mitigate the projected
increases in pollutant loads and minimize any increase in peak runoff rate.
7) Water pollution prevention methods shall be implemented to the maximum
extent practicable, and supplemented by pollutant source controls and treatment.
Small collection strategies located at, or as close as possible to, the source (i.e.,
the point where water initially meets the ground) to minimize the transport of
urban runoff and pollutants offsite and into a municipal separate storm sewer
system (MS4) shall be utilized.
8) Post-development runoff from a site shall not contain pollutant loads which cause
or contribute to an exceedance of receiving water quality objectives or which
have not been reduced to the maximum extent practicable.
9) Development projects should be designed to comply with the following site
design principles:
a. Protect slopes and channels to decrease the potential for slopes and/or
channels from eroding and impacting storm water runoff.
b. To the extent practicable, cluster development on the least
environmentally sensitive portions of a site while leaving the remaining
land in a natural undisturbed condition.
c. Preserve, and where possible, create or restore areas that provide
important water quality benefits, such as riparian corridors, wetlands and
buffer zones. Land acquisition of such areas shall be encouraged.
d. Provide development-free buffer zones for natural water bodies.
e. Minimize the amount of impervious surfaces and directly connected
impervious surfaces in areas of new development and redevelopment.
f. Where feasible implement site design/landscape features to slow runoff
and maximize on-site infiltration of runoff.
g. Properly design outdoor material storage areas (including the use of roof
or awning covers) to minimize the opportunity for toxic compounds, oil
and grease, heavy metals, nutrients, suspended solids and other pollutants
from entering the storm water conveyance system.
h. Incorporate roof or awning covers over trash storage areas to prevent off-
site transport of trash and other pollutants from entering the storm water
conveyance system.
i. Limit disturbances of natural water bodies and natural drainage systems
caused by development including roads, highways and bridges.
j. Design streets and circulation systems to reduce pollutants associated
with vehicles and traffic resulting from development.
May 3, 2023 Item #4 Page 330 of 483
Land Use – East Batiquitos Lagoon/Hunt Properties Chapter II-4
City of Carlsbad 121 Local Coastal Program
10) Priority projects identified in the SUSMP will incorporate structural BMPs and
submit a Water Quality Technical Report as specified in the NPDES permit and
SUSMP.
11) Structural BMPs used to meet SUSMP requirements for priority projects shall be
based on the California Stormwater Quality Association (CASQA) Stormwater
Best Management Practice (BMP) Handbook, dated January 2003 or the current
version of that publication, and designed to meet, infiltrate, filter or treat the
runoff produced from each storm event up to and including the 85th percentile 24-
hour storm event.
12) Priority projects will include projects increasing impervious area by more than
2,500 square feet or by more than 10% of existing impervious area, that are in,
adjacent to or drain directly to Environmentally Sensitive Areas (ESA), identified
in the City of Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP)
dated April 2003, using the definitions of “adjacent to” and “draining directly to”
that are found in the SUSMP.
13) The City shall include requirements in all coastal development permit approvals
to inspect and maintain required BMPs for the life of the project.
14) The City will encourage and support public outreach and education regarding the
potential water quality impacts of development.
15) Development shall minimize land disturbance activities during construction (e.g.,
clearing, grading and cut-and-fill), especially in erosive areas (including steep
slopes, unstable areas and erosive soils), to minimize impacts on water quality of
excessive erosion and sedimentation. Development shall incorporate soil
stabilization BMPs on disturbed areas as soon as feasible.
16) Projects within 200 feet of the Pacific Ocean shall be dealt with as “Projects
Discharging to Receiving Waters within Environmentally Sensitive Areas” as
defined in Appendix I of the SUSMP, including being treated as a priority project
if they create more than 2,500 square feet of impermeable surface or increase the
impermeable surface on the property by more than 10%.
17) Although residential developments of less than 10 units, including single family
residences, are generally exempt from the SUSMP priority project requirements,
they shall meet those requirements, including achievement of the numerical
sizing standard, if they are in, within 200 feet of, or discharging directly to an
ESA, including the Pacific Ocean; or shall provide a written report signed by a
licensed civil engineer showing that as the project is designed they are mitigating
polluted runoff, including dry weather nuisance flows, to the maximum extent
practicable.
18) Detached residential homes shall be required to use efficient irrigation systems
and landscape designs or other methods to minimize or eliminate dry weather
flow, if they are within 200 feet of an ESA, coastal bluffs or rocky intertidal
areas.
May 3, 2023 Item #4 Page 331 of 483
Land Use – East Batiquitos Lagoon/Hunt Properties Chapter II-4
City of Carlsbad 122 Local Coastal Program
19) The following minor revisions may occur to the Carlsbad SUSMP Storm Water
Standards dated April 2003 without an LCP amendment:
a. Addition of new Best Management Practices (BMPs) found to be more
protective of water quality than current BMPs or removal of BMPs found
to be ineffective. (This does not include removal of BMPs or categories
of BMPs on the basis that the City finds them to be feasible or
impractical.)
b. Addition of new development categories as Priority Projects.
c. Addition of new coastal waters to the map of Environmentally Sensitive
Areas.
d. Reduction in the area of impervious surfaces used to designate a specific
category of Priority Projects.
20) Any minor changes made pursuant to the above list shall be accompanied by a
finding that the changes will improve and better protect coastal water quality.
The City Engineer or Planning Director shall notify the Executive Director in
writing of any of the above listed changes. For any changes not included in the
above list, the City shall contact the Executive Director to determine whether an
LCP amendment is necessary, and if necessary, shall subsequently apply for an
LCP amendment for the changes.
5. LANDSCAPING
In order to guard against introduction of any species which are inherently noxious to or incompatible
with adjacent lagoon habitat, drought tolerant plants and native vegetation shall be used in areas of
proximity to the wetland, to the maximum extent feasible.
Landscaping adjacent to structures should provide an effective screen of urban development.
6. SCENIC AND VISUAL QUALITIES
The scenic and visual qualities of the area are of great value to the region. Again, the focal point for
these qualities is Batiquitos Lagoon. The viewshed to the lagoon and from the lagoon shoreline are
important resources. Many of the requirements previously established by this document address visual
quality components, such as:
- setbacks;
- preservation of slope areas;
- preservation of lagoon and riparian habitats;
- enhancement of the lagoon environments; and
- controlled grading.
May 3, 2023 Item #4 Page 332 of 483
Land Use – East Batiquitos Lagoon/Hunt Properties Chapter II-4
City of Carlsbad 123 Local Coastal Program
(1) In addition to these provisions, the following shall be provided to further address the important
scenic and visual character of the area:
(a) La Costa Avenue should be established as scenic corridor pursuant to the City of
Carlsbad General Plan Scenic Highway Element.
(b) Scenic corridor status shall be pursued for any public roadway to be established along a
part or the entire lagoon north shore.
(c) Existing, mature, healthy vegetation such as eucalyptus stands, shall be preserved where
possible.
(d) Offsite signing along public roadways shall be prohibited.
(e) If a Master Plan is pursued for the property, the provisions of the City of Carlsbad Scenic
Preservation Overlay Zone should be utilized where appropriate.
(f) View points shall be established along the north and south shore areas (if and where
environmentally sound and physically possible) to provide varied visual access to the
lagoon.
(g) View points should offer a mix of accessibility for pedestrian, bicycle, and motor
vehicles.
7. PUBLIC ACCESS
La Costa Avenue is designated a major arterial providing coastal access from inland areas to the east.
Construction of La Costa Avenue to major arterial standards shall be designed so as to limit
environmental impacts including a limit of maximum of four traffic lanes, with a median, and pedestrian
walkways/sidewalks on only the south side of the roadway. Any road construction that involves
wetlands impacts shall require a coastal development permit issued by the Coastal Commission.
Wetlands impact mitigation shall be a condition of the permit.
A public access trail system along the north shore of Batiquitos Lagoon with adequate trailhead public
parking areas shall be required as a condition of approval for any development along the north shore
pursuant to the Pacific Rim Master Plan. The trail shall be conveyed to an appropriate agency or non-
profit organization (subject to Carlsbad approval) through a recorded public access easement.
Public access along the south shore shall be provided as part of La Costa Avenue improvements. Access
shall include but not be limited to a pedestrian walkway and bicycle lane along the entire south shore
length covered by this LCP segment.
Lagoon accessways and overlook areas along the north shore shall be provided. The responsibility for
construction and maintenance of such facilities shall be with the developer as a condition of any permit
approval unless otherwise specified in the Batiquitos Lagoon Enhancement Plan (on file with the City of
Carlsbad) and/or as approved by the Coastal Commission in Coastal Development Permit No. 6-87-680.
Such accessways shall be preserved for public use by requiring appropriate offers of entitlement of
those areas as a condition of the implementation of the Batiquitos Lagoon Enhancement Plan. The
accessways shall not adversely impact environmentally sensitive habitats.
May 3, 2023 Item #4 Page 333 of 483
Land Use – East Batiquitos Lagoon/Hunt Properties Chapter II-4
City of Carlsbad 124 Local Coastal Program
8. STATE LANDS COMMISSION REVIEW
(1) Prior to issuance of a coastal development permit, permittee shall obtain a written determination
from the State Lands Commission that:
(a) No State lands are involved in the development, or
(b) State lands are involved in the development and all permits required by the State Lands
Commission have been obtained, or
(c) State land may be involved in the development, but pending a final determination an
agreement has been made with the State Lands Commission for the project to proceed
without prejudice to that determination.
May 3, 2023 Item #4 Page 334 of 483
Land Use – East Batiquitos Lagoon/Hunt Properties Chapter II-4
City of Carlsbad 125 Local Coastal Program
Exhibit – Planning Sub-Area Map
May 3, 2023 Item #4 Page 335 of 483
Land Use - Implementation Chapter III
City of Carlsbad 126 Local Coastal Program
III. IMPLEMENTATION
The Policy/Implementation Connection
The Local Coastal Program Land Use Element is the long range guide for the City, its citizens and property
owners, and other regulatory agencies relative to conservation, management, and development within the
Carlsbad Coastal Zone. The City assumes primary responsibility for implementing the plan as it affects
private land use. The LCP will be used as the standard for evaluating and making decisions on land use
proposals in the Coastal Zone. The policies of the Land Use Element are implemented by the City’s codes,
policies and procedures.
May 3, 2023 Item #4 Page 336 of 483
Appendix A Chapter IV
City of Carlsbad 127 Local Coastal Program
IV. APPENDIX A:
NORTH COAST CORRIDOR PWP OVERLAY
Local Coastal Program Land Use Plan Amendment
August 2014
CITY OF CARLSBAD LOCAL COASTAL PROGRAM AMENDMENT- LAND USE PLAN
1. Land Use Maps
Amend the City of Carlsbad Local Coastal Program – Coastal Land Use Maps to include the North
Coast Corridor Public Works Plan/Transportation and Resource Enhancement Program (NCC
PWP/TREP) Project Overlay Map and Project Overlay Improvements Map.
Amend the City of Carlsbad Habitat Management Plan (HMP) Map/s to include the North Coast
Corridor Public Works Plan/Transportation and Resource Enhancement Program (NCC PWP/TREP)
HMP Map Changes.
1.1 North Coast Corridor PWP/TREP Overlay Land Use Plan Map
The City of Carlsbad Local Coastal Program Land Use Maps and Circulation Element illustrate the
Local Coastal Program land use designation for each property. The land use designation denotes the
type, density and intensity of development and uses that may be permitted for each property,
consistent with applicable Local Coastal Program policies. In addition to the land use designations
included in the certified Land Use Maps, an overlay is applied to those land areas within the City of
Carlsbad as identified on the NCC PWP/TREP Project Overlay Map (Map 1). The NCC
PWP/TREP Project Overlay provides the applicable standard of review for the NCC PWP/TREP,
which, if approved, will authorize the development, operation, and maintenance of specific rail,
highway, transit, bicycle, pedestrian, community and resource enhancement projects defined therein.
The goals of the NCC PWP/TREP are to improve and maintain regional mobility and access to
coastal resources in the North Coast Corridor, to implement a program to protect, restore, and
enhance sensitive coastal resources along the North Coast Corridor and to mitigate potential resource
impacts caused by implementation of the transportation and community enhancement projects. The
City of Carlsbad Local Coastal Program NCC Project Overlay Improvements Map (Map 2) identifies
those specific rail, highway, transit, bicycle, pedestrian, community and resource enhancement
projects envisioned to occur within the jurisdictional boundaries of the City of Carlsbad pursuant to
the NCC PWP/TREP. The City of Carlsbad Habitat Management Plan (HMP) Map Changes (Map
3) identify project impacts and the addition of new HMP Hardline Preserve area to offset those
impacts, as well as technical map corrections required to remove HMP Hardline Preserve currently
located within Caltrans/LOSSAN right of ways that are not subject to the HMP. In areas within the
NCC Project Overlay Map where the Local Coastal Program land use designation currently does not
allow for transportation and restoration related uses, these uses would now be identified as an
allowable use, with the portions of the NCC PWP/TREP that are incorporated into the overlay
serving as the standard of review for all proposed development that is outside of the Coastal
Commission’s retained jurisdiction and not handled solely through federal consistency review. If the
NCC PWP/TREP is approved, subsequent regulatory reviews shall be processed under the
framework and guidance provided within the NCC PWP/TREP.
May 3, 2023 Item #4 Page 337 of 483
Appendix A Chapter IV
City of Carlsbad 128 Local Coastal Program
2. North Coast Corridor PWP/TREP Overlay Project Components and Land Use Plan Policies
2.1 Pursuant to Senate Bill (SB) 468, the NCC Project is defined as a 27-mile long series of projects
within the coastal zone that includes improvements to a segment of I-5 and the Los Angeles-San
Diego-San Luis Obispo (LOSSAN) rail corridor. The NCC PWP/TREP includes 27-miles of
regional mobility, community and resource enhancement projects planned in Northern San Diego
County, a portion of which are located within, or partially within, the City of Carlsbad (“City”)
coastal zone.
The NCC Public Works Plan (“PWP”) is integrated, within a single document, with the NCC
Transportation and Resource Enhancement Program (“TREP”), which collectively provide the
coastal policy framework under which the City, Coastal Commission, and other affected agencies
and interested parties can evaluate overall NCC PWP/TREP benefits and potential impacts to coastal
zone resources, phased implementation, mitigation measures, and feasible alternatives in the context
of the City’s local coastal program, the California Coastal Act, regional mobility plans and coastal
resource enhancement goals.
The TREP provides the basis for Coastal Commission federal consistency review and informs
conflict resolution to ensure the overall NCC PWP/TREP is consistent with applicable California
Coastal Management Program/Coastal Act policies. Chapter 3 policies of the Coastal Act provide
the standard of review for the federal consistency review and, pursuant to the TREP, rail projects,
will be evaluated on a case-by-case basis to determine whether the Coastal Commission’s review of
those projects will be limited to the federal consistency review process only.
In addition to providing an overall summary of the NCC projects for purposes of Coastal Act review,
the PWP also provides authorization for future development and guidance for future coastal
development permitting of other development within the NCC Project Overlay area and informs how
the Coastal Commission may resolve any conflicts between Coastal Act policies. The PWP
incorporates projects (including highway projects, rail projects other than those subject to the federal
consistency review process only, and community and resource enhancement projects) that are both
subject to coastal development permit and/or local coastal program requirements and that are located
outside the areas of the Commission’s retained jurisdiction. Following Coastal Commission
approval of the PWP, project-specific Notice of Impending Developments (NOIDs) provide the
mechanism by which the project proponent will bring forward specific projects for Coastal
Commission review (except for those projects occurring within areas of the Coastal Commission’s
original jurisdiction and rail projects subject to the federal consistency review process only). The
approved PWP provides the standard of review for those specific NCC Project NOIDs, as applicable.
2.2 The NCC PWP/TREP includes public works projects that: 1) will meet the public needs of an area
greater than that included in the City’s certified local coastal program area, and 2) which were not
anticipated when the local coastal program was certified by the California Coastal Commission. The
policies, development/design strategies and implementation measures of the NCC PWP/TREP are
intended to efficiently plan and implement the corridor projects located in the City of Carlsbad
coastal zone as integral elements of the NCC Project, all of which are necessary to implement a
balanced, integrated approach to maintain and improve regional mobility as well as enhancement
May 3, 2023 Item #4 Page 338 of 483
Appendix A Chapter IV
City of Carlsbad 129 Local Coastal Program
and continued use and enjoyment of coastal resources, while addressing potential unavoidable and
minimized project impacts and/or conflicts with the coastal resources planning and management
policies of the City’s local coastal program and California Coastal Act.
The policies and implementation measures of the NCC PWP/TREP provide the applicable standard
of review for implementation of projects to be reviewed and approved pursuant to the PWP. The
policies and design/development strategies of the NCC PWP/TREP will serve as guidance for
Coastal Commission review of rail projects, evaluated on a case-by-case basis to determine whether
the Coastal Commission’s review of those projects will be limited to the federal consistency review
process only, and provides guidance for obtaining federal consistency for those identified rail
projects, as applicable. The NCC PWP/TREP will also serve as guidance for Coastal Commission
review of projects located within the Coastal Commission’s retained jurisdiction pursuant to
§ 30519, which will be subject to separate coastal development permits reviewed by the Coastal
Commission.
2.3 The NCC PWP/TREP is comprised of various elements including transportation infrastructure
improvements as well as community and resource enhancement projects that in their totality would
result in significant benefits to the Coastal Zone. The PWP/TREP provides the mechanism to ensure
that the various specific project types included within the NCC Project Overlay are implemented in
such a manner that maximum benefits to sensitive resources are achieved while impacts are avoided
and/or minimized to the greatest extent feasible. The following components are included within the
NCC Project Overlay.
2.3.1 Highway Improvements: The NCC PWP/TREP includes Interstate Highway 5 improvements that
consist of an 8+4 highway design that provides eight general purpose lanes and four managed lanes
along with other associated highway improvements, including but not limited to, interchanges, direct
access ramps, auxiliary lanes, signage, and other safety and maintenance elements. These
improvements would improve public access through the NCC PWP/TREP area while also enhancing
carpool and public transit usage, and result in decreased vehicle hours traveled and energy
consumption.
2.3.2 Mass Transit Improvements: The NCC PWP/TREP includes carefully phased improvements to
the LOSSAN rail corridor that would result in the double-tracking of the rail corridor, as well as
other operational and station improvements. The NCC Project also includes road and intersection
improvements that would facilitate the introduction of enhanced bus service along the Coast
Highway. These improvements would result in enhanced mass transit opportunities through the
corridor and result in improved public access while minimizing energy consumption.
2.3.3 Non-motorized Transportation and Community Enhancements: The NCC PWP/TREP
establishes a 27 mile-long North Coast Corridor bikeway, and includes concurrent construction of
primary segments of the bikeway within the I-5 right-of-way, that would provide a new connected
north-south accessway for bicyclists and pedestrians through the corridor. The NCC PWP/TREP
also includes other path and trail linkages and community enhancements designed to provide
enhanced connectivity between all travel modes within the NCC PWP/TREP area, including
May 3, 2023 Item #4 Page 339 of 483
Appendix A Chapter IV
City of Carlsbad 130 Local Coastal Program
segments of the Coastal Rail Trail located within the LOSSAN right-of-way. These improvements
would result in enhanced public access opportunities while at the same time reducing energy
consumption and vehicle miles traveled.
2.3.4 Restoration Enhancements: The NCC PWP/TREP includes significant restoration enhancement
with specific projects located within coastal lagoon systems throughout the NCC Coastal Zone.
Specific projects include:
A. Habitat establishment, restoration, enhancement and preservation for upland ESHA and
wetland resource impacts
B. Optimized bridge projects (lagoon bridge lengthening along the I-5 and LOSSAN rail
corridors) designed to improve lagoon system function and values and facilitate large-scale
lagoon restoration
C. Endowment that is intended to increase the capacity for long-term management of the Los
Peñasquitos and Batiquitos Lagoons inlet maintenance projects and/or other significant
resources in the corridor, and support stewardship of these resources in perpetuity
D. Funding for large-scale lagoon restoration programs for San Elijo Lagoon and/or Buena
Vista Lagoon
This suite of restoration enhancements would result in important biological and hydrological
improvements to sensitive coastal resources.
2.4 The NCC PWP/TREP includes detailed procedural and implementation requirements related to the
phasing of specific project construction. These linkages within the PWP/TREP are intended to
ensure that the infrastructure components do not outpace the necessary resource and community
enhancement components of the NCC PWP/TREP. The PWP/TREP includes project phasing that
links the various specific project types encapsulated within the NCC Project in such a manner to
provide maximum benefits for the coastal resources within the NCC PWP/TREP area while at the
same time achieving the transportation goals for the NCC corridor. These phasing requirements
relate both to the successful completion of resource enhancement projects as well as demonstrated
interconnectivity between transportation systems. The PWP/TREP Phasing Plan and
Implementation Framework is divided into short, mid, and long term project phases; and, in order for
a specific project to be initiated, all of the components of the prior phase must be completed, as
defined in the PWP/TREP, before the subject project can be initiated. Project shifts between phases
may be allowed if they would not result in impacts to coastal resources that were not accounted for
in this LCP and NCC PWP/TREP and would result in equivalent or greater multi-modal and coastal
access improvements as compared to the PWP/TREP Phasing Plan and Implementation Framework
approved by the Coastal Commission. Amendments to the NCC PWP to authorize such project
shifts are therefore permitted if they are in conformance with Section 2.5 of the NCC Overlay.
2.5 The NCC PWP project scope and resource protection policies, design/development strategies, and
implementation measures may require amendment by Caltrans, SANDAG and the Coastal
Commission to address modified project designs, changes in available project funding and/or
May 3, 2023 Item #4 Page 340 of 483
Appendix A Chapter IV
City of Carlsbad 131 Local Coastal Program
phasing needs, to incorporate new, high priority resource enhancement opportunities, and/or to
address changed site conditions and resource protection requirements within the NCC Project
Overlay area. The NCC PWP, as may be amended from time-to-time, shall continue to provide the
standard of review for implementation of projects reviewed and approved pursuant to the
PWP/TREP. Amendment of the NCC PWP that would not result in conflicts with the policies
contained within the NCC Project Overlay would not require future amendment to the City’s Local
Coastal Program.
Although the following list is not exhaustive, these changes to the NCC PWP would trigger the need
for an amendment to the City’s Local Coastal Program:
A. The addition of new projects not consistent with NCC Project Overlay Policy 2.3, or that
involve significant impacts to coastal resources not considered in the original PWP or not
addressed by PWP policies, development/design strategies and implementation measures.
B. Alteration of resource protection policies or mitigation ratio standards within the NCC PWP
inconsistent with the policies contained within the NCC Project Overlay
C. Project shifts between phases that would result in reduced multi-modal performance and
coastal access, or without necessary mitigation or coordination between other transportation
modes as compared to the PWP/TREP Phasing Plan and Implementation Framework
approved by the Coastal Commission, or project shifts that would result in significant
unmitigated impacts to coastal resources not considered in the original PWP or not
addressed by PWP policies, development/design strategies and implementation measures.
2.6 Rail, highway, bicycle, pedestrian, community and resource enhancement projects, as defined within
and permitted by the NCC PWP are permitted uses on lands subject to the NCC Project Overlay, and
shall be permitted to be constructed, opened, operated and maintained for intended public use or
benefit pursuant to the PWP and NOID, as provided in Sections 30605 and 30606 of the Coastal Act.
All projects specifically defined within and permitted by the NCC PWP, upon approval by the
Coastal Commission are herein incorporated by reference.
2.7 Specific rail projects not handled solely through federal consistency review and conceptual highway,
bike and pedestrian enhancement components of the PWP may be altered through future PWP
amendments and then ultimately authorized by subsequent NOIDs, or SANDAG/Caltrans may, in
consultation with the City and Coastal Commission, choose to submit a coastal development permit
application to the City for these projects, in which case the standard of review will be the City’s
certified Local Coastal Program.
3. North Coast Corridor PWP/TREP Coastal Resource Protection Policies
If the Commission approves the NCC PWP all projects and programs as defined within and
undertaken pursuant to that document within the City of Carlsbad shall conform to the following
resource protection policies:
May 3, 2023 Item #4 Page 341 of 483
Appendix A Chapter IV
City of Carlsbad 132 Local Coastal Program
3.1 Coastal Access and Recreation
3.1.1 Maximum public access to coastal and inland recreational resources in the North Coast Corridor
shall be protected, and where feasible, enhanced, consistent with public safety needs and sensitive
coastal resource protection policies of the NCC PWP/TREP (prepared by Caltrans/SANDAG and
dated August 13, 2014). Any future amendment of the original PWP shall not decrease the level of
public access improvements guaranteed by the policies in the NCC PWP/TREP such that the project
as a whole would no longer be, on balance, most protective of significant coastal resources.
3.2 Energy Conservation and Emissions Reduction
3.2.1 New transportation and associated community and resource enhancement projects in the North Coast
Corridor shall seek to minimize increases in energy consumption, vehicle hours traveled and person
hours of travel, and be consistent with San Diego County Air Pollution Control District and
California Air Resources Board requirements. Where North Coast Corridor development may
potentially increase energy consumption or be inconsistent with air pollution requirements, feasible
mitigation measures shall be required and implemented consistent with the policies of the NCC
PWP/TREP (prepared by Caltrans/SANDAG and dated August 13, 2014). Any future amendment
of the original PWP shall not decrease the energy conservation and emissions reduction
improvements guaranteed by the policies in the NCC Corridor PWP/TREP such that the project as a
whole would no longer be, on balance, most protective of significant coastal resources.
3.3 Transit and Smart Growth
3.3.1 Measures to improve public access to beaches and recreation areas through the use of transit and
alternative means of transportation in the North Coast Corridor shall be developed in coordination
with the Coastal Commission, City, Caltrans, SANDAG and any other appropriate transit providers,
and may include, where determined feasible and consistent with the policies of the NCC PWP/TREP
(prepared by Caltrans/SANDAG dated August 13, 2014):
A. Provision of parking facilities for bicycles, motorcycles and transit vehicles at recreation
areas and transit stations;
B. Development of park-and-ride or other staging facilities at points along Interstate Highway
Route 5;
C. Construction of road and intersection improvements to Interstate Highway Route 5 and
arterial streets to facilitate bus travel;
D. Installing or improving bicycle and pedestrian overpasses and/or undercrossings along State
Highway Route 5 and the LOSSAN rail corridor where determined feasible; and,
E. Providing bicycle and pedestrian facilities and routes that connect with public transit centers,
thereby promoting access to and use of carpooling and other public transit opportunities.
May 3, 2023 Item #4 Page 342 of 483
Appendix A Chapter IV
City of Carlsbad 133 Local Coastal Program
Any future amendment of the original PWP shall not decrease improvements that support and
facilitate mass transit, other alternative means of transportation and smart growth guaranteed by the
policies in the NCC PWP/TREP such that the project as a whole would no longer be, on balance,
most protective of significant coastal resources.
3.4 Marine Resources: Water Quality and Wetlands
3.4.1 North Coast Corridor transportation and community enhancement projects shall be sited and
designed such that marine resources are maintained, enhanced, and, where feasible, restored. North
Coast Corridor water quality shall be restored by minimizing wastewater discharges, controlling
runoff, preventing depletion of groundwater supplies and substantial interference with surface water
flow, encouraging wastewater reclamation, maintaining natural vegetation buffer areas, and
minimizing alteration of natural watercourses, where feasible. North Coast Corridor transportation
and community enhancement projects shall be planned and designed to protect and, where feasible,
enhance water quality of the North Coast Corridor’s lagoons, streams, and smaller watershed
drainages which support open water, wetland, and riparian habitats, consistent with the policies of
the NCC PWP/TREP (prepared by Caltrans/SANDAG dated August 13, 2014). Where otherwise
approvable new development may potentially result in negative impacts to open coastal waters,
wetlands, and estuaries, appropriate mitigation measures shall be required and implemented. North
Coast Corridor project development in and adjacent to open water, wetland and riparian habitats
shall be limited to the uses specified in Sections 30233 and 30236 of the Coastal Act, as applicable,
and/or uses specifically defined within and permitted by the NCC Project Overlay. Any future
amendment of the original PWP shall not decrease the level of water quality improvements or
protection of wetlands guaranteed by the policies in the NCC PWP/TREP such that the project as a
whole would no longer be, on balance, most protective of significant coastal resources.
3.5 Environmentally Sensitive Habitat Areas (ESHA)
3.5.1 North Coast Corridor transportation and community enhancement projects shall be sited and
designed to ensure that ESHAs are protected against any significant disruption of habitat values, and
development in areas adjacent to ESHAs shall be sited and designed to prevent impacts that would
significantly degrade those areas, and be compatible with the continuance of those habitat and
recreation areas, consistent with the policies of the NCC PWP/TREP (prepared by
Caltrans/SANDAG dated August 13, 2014). Where otherwise approvable new development may
potentially result in negative impacts to ESHAs and other sensitive coastal habitats, appropriate
mitigation measures shall be required and implemented. North Coast Corridor project development
in and adjacent to ESHAs shall be limited to the uses specified in Section 30240 of the Coastal Act
and/or uses specifically defined within and permitted by the NCC Project Overlay. Any future
amendment of the original PWP shall not decrease the level of protection of ESHA guaranteed by
the policies in the NCC PWP/TREP such that the project as a whole would no longer be, on balance,
most protective of significant coastal resources.
May 3, 2023 Item #4 Page 343 of 483
Appendix A Chapter IV
City of Carlsbad 134 Local Coastal Program
3.6 Agricultural Resources
3.6.1 North Coast Corridor transportation, community and resource enhancement projects shall minimize
impacts to agricultural resources consistent with the policies of the NCC PWP/TREP (as prepared by
Caltrans/SANDAG dated August 13, 2014). Where otherwise approvable new development may
potentially convert agricultural uses to non-agricultural uses, appropriate mitigation measures shall
be required and implemented. North Coast Corridor project development in areas containing
significant agricultural resources shall be limited to the uses and circumstances specified in Sections
30241, 30241.5 and 30242 of the Coastal Act and/or uses specifically defined within and permitted
by the NCC Project Overlay. Any future amendment of the original PWP shall not decrease the
level of protection of agricultural resources guaranteed by the policies in the NCC PWP/TREP that
the project as a whole would no longer be, on balance, most protective of significant coastal
resources.
3.7 Archaeological and Paleontological Resources
3.7.1 Transportation, community and resource enhancement projects in the North Coast Corridor shall
strive to protect and minimize impacts to archaeological and paleontological resources. Where
North Coast Corridor projects may potentially adversely impact archaeological or paleontological
resources, appropriate mitigation measures shall be required and implemented consistent with the
policies of the NCC PWP/TREP (as prepared by Caltrans/SANDAG and dated). Any future
amendment of the original PWP shall not decrease the level of protection of archaeological and
paleontological resources guaranteed by the policies in the NCC PWP/TREP such that the project as
a whole would no longer be, on balance, most protective of significant coastal resources.
3.8 Coastal Visual Resources
3.8.1 North Coast Corridor project development shall be sited and designed in a manner that avoids and
minimizes negative impacts to visual resources and protects, to the extent feasible, scenic public
views to significant coastal resources, including views of the ocean and coastline, coastal lagoons
and river valleys, and significant open space areas. North Coast Corridor project development shall
be sited and designed to be compatible with existing development and surrounding areas such that
potential impacts of grading, operational activities, community enhancement improvements and
direct lighting on public views outside of the transportation facilities are limited to the greatest extent
feasible. North Coast Corridor project development shall be planned to be consistent with the visual
resource protection policies of the NCC PWP/TREP (as prepared by Caltrans/SANDAG and dated
August 13, 2014). Any future amendment of the original PWP shall not decrease the level of
protection of coastal visual resources guaranteed by the policies in the NCC PWP/TREP such that
the project as a whole would no longer be, on balance, most protective of significant coastal
resources.
3.8.2 In scenic public view areas in the North Coast Corridor, roadway improvements, including culverts,
retaining walls, bridges or overpasses shall be designed and constructed to protect public views and
avoid or minimize visual impacts and to blend in with the natural setting as viewed from adjoining
public view points, to the extent feasible.
May 3, 2023 Item #4 Page 344 of 483
Appendix A Chapter IV
City of Carlsbad 135 Local Coastal Program
3.9 Conflict Resolution
3.9.1 The NCC Project Overlay authorizes development that, in isolation, is recognized to be inconsistent
with the Chapter 3 policies of the Coastal Act. However, denial of the project would result in
Coastal Zone effects that are inconsistent with other Chapter 3 policies. The project as a whole
resolves these conflicts in a manner that is most protective of significant coastal resources. Due to
the fact that the NCC PWP/TREP raises conflicts between Coastal Act policies, and the recognition
of the Coastal Act’s conflict resolution process as it pertains to this project in Streets and Highways
Code section 103(f)(2), conflict resolution, including under Coastal Act section 30007.5, may be
used to resolve conflicts between coastal resources protection policies with respect to the
PWP/TREP. The conflict resolution provisions relied upon by the Coastal Commission in reviewing
the NCC PWP/TREP provide support and rationale as to why the coastal resource protection policies
of the NCC Project Overlay could be considered consistent with the Coastal Act, on balance, despite
inconsistencies with individual Chapter 3 policies.
3.10 Precedential Effect of Overlay
Where there are conflicts between the policies set forth in the NCC PWP/TREP, as may be amended
by Caltrans, SANDAG and the Coastal Commission from time-to-time, and those set forth in any
other element of the City’s certified Local Coastal Program, General Plan, zoning or any other
ordinance, the policies of the NCC Project Overlay and the policies, design/development strategies,
and implementation measures of the NCC PWP/TREP shall take precedence for any project and/or
use included in the NCC PWP/TREP as approved by the Coastal Commission for the North Coast
Corridor except in cases where an amendment to the NCC Project Overlay would be required as
previously described above in NCC Overlay Policy 2.5 .
May 3, 2023 Item #4 Page 345 of 483
136
May 3, 2023 Item #4 Page 346 of 483
137
May 3, 2023 Item #4 Page 347 of 483
138
May 3, 2023 Item #4 Page 348 of 483
139
May 3, 2023 Item #4 Page 349 of 483
140
May 3, 2023 Item #4 Page 350 of 483
141
May 3, 2023 Item #4 Page 351 of 483
142
May 3, 2023 Item #4 Page 352 of 483
May 3, 2023 Item #4 Page 353 of 483
May 3, 2023 Item #4 Page 354 of 483
May 3, 2023 Item #4 Page 355 of 483
May 3, 2023 Item #4 Page 356 of 483
May 3, 2023 Item #4 Page 357 of 483
May 3, 2023 Item #4 Page 358 of 483
May 3, 2023 Item #4 Page 359 of 483
May 3, 2023 Item #4 Page 360 of 483
May 3, 2023 Item #4 Page 361 of 483
May 3, 2023 Item #4 Page 362 of 483
May 3, 2023 Item #4 Page 363 of 483
May 3, 2023 Item #4 Page 364 of 483
May 3, 2023 Item #4 Page 365 of 483
May 3, 2023 Item #4 Page 366 of 483
May 3, 2023 Item #4 Page 367 of 483
May 3, 2023 Item #4 Page 368 of 483
May 3, 2023 Item #4 Page 369 of 483
May 3, 2023 Item #4 Page 370 of 483
May 3, 2023 Item #4 Page 371 of 483
May 3, 2023 Item #4 Page 372 of 483
May 3, 2023 Item #4 Page 373 of 483
May 3, 2023 Item #4 Page 374 of 483
May 3, 2023 Item #4 Page 375 of 483
May 3, 2023 Item #4 Page 376 of 483
May 3, 2023 Item #4 Page 377 of 483
May 3, 2023 Item #4 Page 378 of 483
May 3, 2023 Item #4 Page 379 of 483
May 3, 2023 Item #4 Page 380 of 483
May 3, 2023 Item #4 Page 381 of 483
May 3, 2023 Item #4 Page 382 of 483
May 3, 2023 Item #4 Page 383 of 483
May 3, 2023 Item #4 Page 384 of 483
May 3, 2023 Item #4 Page 385 of 483
May 3, 2023 Item #4 Page 386 of 483
May 3, 2023 Item #4 Page 387 of 483
May 3, 2023 Item #4 Page 388 of 483
May 3, 2023 Item #4 Page 389 of 483
May 3, 2023 Item #4 Page 390 of 483
May 3, 2023 Item #4 Page 391 of 483
May 3, 2023 Item #4 Page 392 of 483
May 3, 2023 Item #4 Page 393 of 483
May 3, 2023 Item #4 Page 394 of 483
May 3, 2023 Item #4 Page 395 of 483
May 3, 2023 Item #4 Page 396 of 483
May 3, 2023 Item #4 Page 397 of 483
May 3, 2023 Item #4 Page 398 of 483
May 3, 2023 Item #4 Page 399 of 483
May 3, 2023 Item #4 Page 400 of 483
May 3, 2023 Item #4 Page 401 of 483
May 3, 2023 Item #4 Page 402 of 483
May 3, 2023 Item #4 Page 403 of 483
May 3, 2023 Item #4 Page 404 of 483
May 3, 2023 Item #4 Page 405 of 483
May 3, 2023 Item #4 Page 406 of 483
May 3, 2023 Item #4 Page 407 of 483
May 3, 2023 Item #4 Page 408 of 483
May 3, 2023 Item #4 Page 409 of 483
May 3, 2023 Item #4 Page 410 of 483
May 3, 2023 Item #4 Page 411 of 483
May 3, 2023 Item #4 Page 412 of 483
May 3, 2023 Item #4 Page 413 of 483
TRAFFIC IMPACTS
A Class 32 California Environmental Quality Act (CEQA) in-fill exemption requires that the project would
not result in any significant effects relating to traffic. However, the project site is in a very high vehicle
miles traveled (VMT) portion of Carlsbad that does not meet the necessary criteria to fully claim the
“residential density” and “affordable housing” VMT reductions cited in the project’s VMT Analysis.
Therefore, a full CEQA study should be conducted to properly assess and mitigate VMT impacts.
Residential Density (T-1)
CEQA VMT mitigation is guided by the California Air Pollution Control Officers Association’s “Handbook
for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing
Health and Equity,” December 2021 (CAPCOA Handbook). The background research cited in the CAPCOA
Handbook provides the rationale for the residential density VMT reduction measure, stating that it is
achieved when compact development is done in local neighborhoods that are within walking or bicycling
distance of jobs, stores, schools, parks, and transit stops, ideally as in-fill and/or mixed-use projects.
In addition, the CAPCOA Handbook provides the following “Implementation Requirements”:
This measure is most accurately quantified when applied to larger developments and/or
developments where the density is somewhat similar to the surrounding neighborhood.
In other words, this measure assumes that there are many nearby destinations that other similarly
dense developments in the same neighborhood are already accessing, which reduce the need to take
more/longer vehicle trips.
However, the proposed development is single-use residential on previously undeveloped parcels in an
area of Carlsbad with among the highest residential VMT in the city, arising from its large distance from
Carlsbad’s major job centers, stores, and parks, and from the abysmal transit service serving the area.
Further, the proposed development is on the smaller size (86 units), and it is proposed in an area that
has no proximal residential neighborhood, with the closest comparable neighborhood (TAZ 1323) having
a much lower residential density and high VMT.
Simply increasing residential density does not reduce VMT in the absence of nearby destinations and/or
direct improvements to alternative infrastructure that would provide viable alternatives to vehicle
travel. Therefore, the VMT reduction for residential density is vastly overstated.
Affordable Housing (T-4)
For the “Integrate Affordable and Below Market Rate Housing” (T-4) measure, the CAPCOA Handbook
specifies that it is dependent on reducing commutes by providing housing near job centers and schools.
Again, the project site is in a very high VMT area of Carlsbad, which is quite distant from any schools and
Carlsbad’s job centers. Simply providing affordable housing does not reduce VMT in the absence of
nearby destinations and/or direct improvements to alternative infrastructure that would provide viable
alternatives to vehicle travel. Therefore, the VMT reduction for affordable housing is vastly overstated.
May 3, 2023 Item #4 Page 414 of 483
CEQA DETERMINATION APPEAL ANALYSIS Exhibit 13
Appeal Filed
The City of Carlsbad received a timely-filed appeal on January 11, 2023 from Lance Schulte, resident (Appellant).
The appeal is attached as Exhibit 12. It stated objections to the City Planner determination that the FPC
Residential Project was exempt from further environmental review pursuant to Class 32 “Infill” Categorical
Exemption (CEQA Guideline Section 15332). Staff’s responses to the objections are provided in the “Analysis”
section below.
Standard of Review
Pursuant to the CMC, this appeal is de novo. This means that the matter is being heard “anew” with no deference
to the City Planner’s determination. The Planning Commission may consider any issues associated with the prior
environmental determination being appealed, in addition to the specific ground of the current appeal. By way of
resolution, the Planning Commission may uphold, uphold in part, or reverse the decision that is subject of the
appeal. When reviewing the appeal, the Planning Commission shall adopt findings, based on substantial evidence,
in support of the intended action on the appeal. If the Planning Commission wishes to deny the appeal, the
findings for denial are attached by resolution (Exhibit 1) to the May 3, 2023 Planning Commission Staff Report. If
the Planning Commission takes action to uphold the appeal and overturn the City Planner’s action or remand the
decision for additional information, the Planning Division would return to the Planning Commission with a
resolution to be considered at the next available Planning Commission meeting, memorializing the findings made
by the Planning Commission in support of this decision.
Analysis
1. Appellant’s Position:
The proposed CEQA exemption does not meet the criteria for a Class 32 Exemption because:
The project is inconsistent with the Current CA Coastal Commission Certified Coastal portion of Carlsbad’s General
Plan and the currently Certified Local Coastal Program (Mello II Segment cover the project). The city’s land use
policies conflict with the project’s proposal to develop VC-Visitor Commercial land use as 100% residential, as
residential land use in a VC land use designation can only be a “secondary use.”
1. Staff’s Response:
CEQA, or the California Environmental Quality Act, is a statute that requires state and local agencies to identify
the significant environmental impacts of their actions by conducting environmental review before making a
determination on a project. Environmental review procedures are used to identify a project's potential impacts,
develop ways to reduce those impacts, and report the results of the analysis to the public. Every discretionary
action requires environmental review pursuant to CEQA. However, the CEQA Guidelines include a list of classes of
projects which have been determined to not have a significant effect on the environment, referred to as
categorical exemptions, and are therefore exempt from further environmental review. Categorical exemptions are
identified by the State Resources Agency for broad “classes” of projects as defined in Sections 15300 to 15333. If a
project falls within one of these classes, it is exempt from the provisions of CEQA unless one of the exceptions in
CEQA Guidelines Section 15300.2 applies (discussed below). The Class 32 “Infill” Categorical Exemption (CEQA
Guideline Section 15332) exempts infill development within urbanized areas if the project meets certain criteria,
including but not limited to consistency with the General Plan and zoning requirements.
May 3, 2023 Item #4 Page 415 of 483
CEQA DETERMINATION APPEAL ANALYSIS Exhibit 13
Although the Appellant has alleged that the FPC Residential Project is inconsistent with the General Plan and Local
Coastal Program, the City Planner has already considered the Appellant’s position on plan consistency and other
relevant factors and made reasonable judgements in light of all the relevant facts. The Planning Commission
should refer to the city’s original environmental determination, provided as Exhibit 11 to the May 3, 2023
Planning Commission Staff Report, which provides plan consistency analysis. Additional project consistency
analysis is provided in Exhibit 5 to the May 3, 2023 Planning Commission Staff Report. Among other things, the
City Planner’s environmental determination and project consistency analysis provide a factual basis and
statements on how the project would be in compliance with the General Plan, Local Coastal Program, Zoning
Ordinance, etc. The city’s General Plan and Local Coastal Program and each of its elements comprise an
integrated, internally consistent and compatible statement of policies. Among many long-standing
fundamental land use principles, a city’s adoption of the General Plan and Local Coastal Program that
combines land use designations in one or more areas of the city is a presumptively valid legislative act. There
is nothing in the General Plan or Local Coastal Program as written that creates an inconsistency or establishes
a hierarchy between the plans, programs, policies, or other similar provisions related to land use designation
classifications. Consistency is achieved if a project will further the overall objectives and policies of the
General Plan and Local Coastal Program and not obstruct their attainment, recognizing that an individual
project may be consistent with the overall objectives of the General Plan and Local Coastal Program, but not
with each and every policy thereof.
In this instant, the allowable land use activities for the FPC Residential Project are those uses that are consistent
with both the General Plan and Local Coastal Program.
• Under a Visitor-Serving-Commercial (VC) land use designation, a property owner may exercise the right
to build or operate visitor serving commercial uses or visitor serving commercial mixed with residential
uses. Within the VC land use district, residential dwellings may be allowed as a secondary use at a
minimum density of 15 dwelling units per acre (based on 25 percent of developable acreage), provided
the primary use of the property is visitor-serving.
• Under a residential land use designation (R-1.5, R-4, R-8, R-15, R-23, or R-30), a property owner may
exercise the right to build or operate standalone residential uses. The residential densities shall be
permitted and based on the underlying General Plan and Local Coastal Program land use designation.
• Under split R-15/VC land use designations, a property owner may choose to implement either the R-15
land use designation or the VC land use designation (choice with exclusive division).
The City Planner did not abuse his discretion by balancing those competing and necessarily (alleged) conflicting
policies and regulations and finding that FPC Residential Project’s land use density conforms. There is nothing in
the General Plan or Local Coastal Program that precludes the immediate use of land that has split land use
designations. The subject application represents the maximum density permitted subject to application of
requested density bonuses pursuant to State density bonus law and Chapter 21.86 of the Carlsbad Municipal Code
and the applicable resource protection provisions of the certified Local Coastal Program.
2a. Appellant’s Position:
The proposed CEQA exemption does not meet the criteria for a Class 32 Exemption because:
The city’s proposed exemption is barred by the requirements of CEQA Guidelines Section 15300.2.
May 3, 2023 Item #4 Page 416 of 483
CEQA DETERMINATION APPEAL ANALYSIS Exhibit 13
2a. Staff’s Response:
The CEQA Guidelines include a list of classes of projects which have been determined to not have a significant
effect on the environment, also known as categorical exemptions, and are therefore exempt from further
environmental review. Categorical exemptions are identified by the State Resources Agency for broad “classes” of
projects as defined in the CEQA Guidelines (Sections 15300 to 15333). These exemptions are intended to clear
certain types of projects from typical environmental review under CEQA – thereby saving time and resources. To
determine whether a project qualifies for an exemption, the city must evaluate whether the project fits into any
of the categorical exemptions listed in the CEQA Guidelines. Categorical exemptions are qualified, which means
that they only apply in certain circumstances and the other environmental factors must be evaluated before
applying them. In general, the city’s determination that a project falls within a categorical exemption must include
a finding that none of the exceptions identified in the CEQA Guidelines Section 15300.2 is applicable. If an
exception applies to an otherwise categorically exempt project or activity, the project must go through further
environmental review even if it otherwise qualifies for a categorical exemption (i.e., preparation of a negative
declaration, mitigated negative declaration, or environmental impact report is required). If the project or activity
is exempt from further environmental review, the process does not need to proceed any further.
The January 4, 2023 environmental determination, Exhibit 11 to the May 3, 2023 Planning Commission Staff
Report, substantiates the use of a categorical exemption for the FPC Residential Project with references to facts,
data, and reasonable assumptions based on facts. This includes a rational basis that none of the exception criteria
listed in CEQA Guidelines section 15300.2 or Chapter 19.04 of the CMC apply to the project. In the review and
consideration of the appeal, the Planning Commission may want to consider whether there is substantial evidence
to support the City Planner’s decision, or whether the City Planner failed to proceed in a manner required by law.
In this instant, the burden then shifts to the challenging party to produce evidence showing that one of the
exceptions applies to take the project out of the exempt category. The Appellant’s allegation that the city is
barred from the use of a categorical exemption because of an exception is by itself a conclusory statement, as
there is nothing in the record that contains substantial evidence that the project may have a significant effect on
the environment or may exacerbate existing environmental hazards. The Appellant has failed to carry their
burden of showing substantial evidence to support a fair argument of significant environmental impact in that
regard.
2b. Appellant’s Position:
The proposed CEQA exemption does not meet the criteria for a Class 32 Exemption because:
The city’s proposed exemption does not meet the “common sense” exemption.
2b. Staff’s Response:
The City Planner’s original environmental determination did not rely on a “common sense” exemption as defined
in CEQA Guidelines Section 15061(b)(3). Rather, the City Planner determined that the project was eligible for the
Class 32 “Infill” Categorical Exemption (CEQA Guideline Section 15332) and that the FPC Residential Project does
not have a significant effect on the environment, and therefore categorically exempt from CEQA. The January 4,
2023, environmental determination, Exhibit 11 to the May 3, 2023 Planning Commission Staff Report,
substantiates the use of a categorical exemption for the FPC Residential Project with references to facts, data, and
reasonable assumptions based on facts. This includes a rational basis that none of the exception criteria listed in
CEQA Guidelines section 15300.2 or Chapter 19.04 of the CMC apply to the project. In general, with respect to the
content-related requirements, the Planning Commission may want to consider whether there is substantial
evidence to support the City Planner’s decision, or whether the City Planner failed to proceed in a manner
May 3, 2023 Item #4 Page 417 of 483
CEQA DETERMINATION APPEAL ANALYSIS Exhibit 13
required by law. In this instant, the City Planner’s action or decision substantially complies with the procedural
requirements of CEQA.
2c. Appellant’s Position:
The proposed CEQA exemption does not meet the criteria for a Class 32 Exemption because:
The city’s proposed exemption does not address developer ownership or adjacent properties and does not address
the cumulative impact of successive projects of the same type in the same place over time.
2c. Staff’s Response:
CEQA defines a “project” broadly to encompass “the whole of an action, which has a potential for resulting in
either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the
environment” (CEQA Guidelines Section 15378[a] and [c]). Impermissible piecemeal review occurs when a large
project is chopped into many little ones – each with a minimal potential impact on the environment or requiring
only a ministerial permit, which cumulatively may have significant consequences. CEQA works to prevent such an
evasion of environmental review by defining “project” broadly, and thereby requiring that environmental
considerations not be concealed by separately focusing on isolated parts and overlooking the cumulative effect of
the whole of an action. Piecemealing review could occur if a developer sought to avoid the environmental review
process by breaking a reasonably foreseeable project (that would normally require complete environmental
review and documentation by way of a negative declaration, mitigated negative declaration, or environmental
impact report) into many smaller projects.
A property owner has the right to develop property. A property owner is free to choose if and when they want to
develop their property. Properties that develop may be in various stages of planning and design, including pre-
purchase and concept stage to all the way through completion. Each project may have its own financing or
arrangements with the property owner, whether it is an option to purchase or a long-term lease. Whether each
project proceeds to construction and operation is dependent on different factors, which are currently outside the
powers of the city or project decision-makers to cause. And it is common practice for large developers to develop
multiple projects in the same general area, just as other developers may have multiple projects in various stages
in one jurisdiction. However, the mere proximity of two or more projects and common identity of a parent
company does not demand that those projects be evaluated as one project, when those projects are separated by
time, space, and other factors.
While CEQA requires that a project include reasonably foreseeable consequences and expansions and future
phases of a project, environmental review of a project need not, and often can’t, provide a full discussion of the
potential effects of developer ownership on nearby property(ies). This does not evade CEQA review. Piecemeal
review does not occur when a project is structurally, legally, and financially independent from other projects. Two
nearby projects may be developed by the same company and may use the same infrastructure and remain
separate projects under CEQA, so long as each project has independent utility and does not require the other to
proceed. Even if infrastructure is shared between projects to reduce impacts and increase cost-delivery
efficiencies, later projects (including those owned by the same parent company) often reimburse earlier projects
that constructed those facilities. Later-planned projects need not be included in this project’s environmental
assessment when the later project is speculative and still contingent upon events outside the Lead Agency’s
control, such as the developer securing land, financing, and a design for the project. It would be an unreasonable
and unproductive exercise to attempt to evaluate the environmental impacts of an unformed project. Finally,
CEQA is not concerned with the identity of the parent company of any group of projects, so long as complete
environmental review for each project occurs; the existence of a common parent company does not prove
May 3, 2023 Item #4 Page 418 of 483
CEQA DETERMINATION APPEAL ANALYSIS Exhibit 13
piecemeal review. No environmental impact results from the fact that a single parent company holds other land
that could be developed. In this instant, it is not necessary to review unformed, nearby adjacent projects as part
of the FPC Residential Project’s environmental determination. The FPC Residential Project does not compel or
presume completion of other projects, including unformed, nearby adjacent projects. And those unformed,
nearby adjacent projects are similarly not dependent on the FPC Residential Project to proceed. Neither can be
construed as a “first step” toward the approval of the other.
2d. Appellant’s Position:
The proposed CEQA exemption does not meet the criteria for a Class 32 Exemption because:
A project cannot be exempt from CEQA if it has a significant effect due to unusual circumstances.
2d. Staff’s Response:
Categorical exemptions are identified by the State Resources Agency for broad “classes” of projects as defined in
the CEQA Guidelines (Sections 15300 to 15333) that have been determined not to have a significant effect on the
environment and are therefore exempt from the provisions of CEQA to prepare further environmental review.
These exemptions are intended to clear certain types of projects from typical environmental review under CEQA –
thereby saving time and resources. Projects that may otherwise meet the qualifications for one of the classes of
categorical exemptions may be excluded from using a categorical exemption based on a series of exceptions
identified in CEQA Guidelines Section 15300.2, that prohibit the application of a categorical exemption. Among
other listed exceptions, where there is a reasonable possibility of a significant effect due to unusual circumstances
surrounding the project, it is not exempt even if it clearly fits one of the categories.
The January 4, 2023 environmental determination, Exhibit 11 to the May 3, 2023 Planning Commission Staff
Report, substantiates the use of a categorical exemption for the FPC Residential Project with references to facts,
data, and reasonable assumptions based on facts. This includes a rational basis that none of the exception criteria
listed in CEQA Guidelines section 15300.2 or Chapter 19.04 of the CMC apply to the project. The City Planner
concluded that the project is not unusual compared to other exempt infill projects, supported by substantial
record evidence showing that (1) the project site’s size is not remarkably different than other housing projects;
(2), that based on its location, is in line with the characteristics of the surrounding setting; and (3) the project is
consistent with the city’s plans and policies. In the review and consideration of the appeal, the Planning
Commission may want to consider whether there is substantial evidence to support the City Planner’s decision, or
whether the City Planner failed to proceed in a manner required by law. The City Planner’s determination as to
whether there are “unusual circumstances” constitutes a factual determination. A determination that there is “a
reasonable probability” that an unusual circumstance will produce a significant environmental effect is subject to
a less deferential “fair argument” standard.
The exception to the exemption (unusual circumstances) would apply to require further environmental analysis if
the record contains evidence (submitted in favor of the Appellant, opposed to the project), that supported the
presence of an unusual circumstance; and a fair argument that the unusual circumstances may produce a
significant effect on the environment. Accordingly, the challenger has the burden of producing evidence that an
unusual circumstance exists that would justify removing the project from the exempt class. The Appellant’s
allegation that the city is barred from the use of a categorical exemption because of an unusual circumstance is by
itself a conclusory statement, as there is nothing in the record that contains substantial evidence that there are
unusual circumstances or that the project may have a significant effect on the environment or may exacerbate
existing environmental hazards due to an unusual circumstance. With respect to unusual circumstances, the
Appellant has failed to explain or cite record evidence why these aspects distinguished it from other exempt infill
May 3, 2023 Item #4 Page 419 of 483
CEQA DETERMINATION APPEAL ANALYSIS Exhibit 13
projects. The Appellant has also failed to carry their burden of showing substantial evidence to support a fair
argument of significant environmental impact in that regard.
3. Appellant’s Position:
The proposed CEQA exemption does not meet the criteria for a Class 32 Exemption because:
The proposed CEQA exemption is not substantially surrounded by urban uses.
3. Staff’s Response:
The Class 32 “Infill” Categorical Exemption (CEQA Guideline Section 15332) exempts infill development within
urbanized areas if the project meets certain criteria. The exemption for “infill development” applies to proposed
developments within city limits on sites of five or fewer acres substantially surrounded by urban uses, where
the site has no habitat value for special status species, can be adequately served by all required utilities and
public services, and the project would not have significant traffic, noise, air quality, or water quality impacts.
(CEQA Guidelines Sections 15332 (b) to (e).) Although the Appellant has alleged that the FPC Residential Project
is not qualified to be an “infill project,” the Planning Commission would be able to utilize the substantial evidence
test to determine whether the project qualifies based on its location, size, and proximity to surrounding urban
land uses.
As noted in the May 3, 2023, Planning Commission Staff Report, the details of the land use request include
consideration to consolidate three parcels of land, demolish an existing self-storage facility, former junkyard, and
two abandoned structures. The project site is located along Ponto Road and Ponto Drive, and is surrounded by
existing urbanized development including: (1) to the north: a hotel parking lot, and single-family residential and
mobile home park beyond; (2) to the south: Ponto Drive and vacant land designated for future development
under residential and commercial land use designations; (3) to the east: railroad tracks, single family residential
beyond; and (4) to the west: Ponto Road, six homes, and a hotel development.
In general, the term “infill development” refers to building within unused and underutilized lands within areas
that are largely developed. For the purposes of CEQA, the qualifying criteria for the use of the Class 32 “Infill”
Categorical Exemption requires the project site to be substantially surrounded by urban uses. As noted above, the
subject site has been previously developed with qualified urban uses. The project site is also substantially
surrounded by qualified urban uses and at least 75 percent of the perimeter of the project site adjoins or is
separated only by an improved public right-of-way.
4. Appellant’s Position:
The proposed CEQA exemption does not meet the criteria for a Class 32 Exemption because:
The proposed VMT reduction methods do not appear consistent with the project description.
4. Staff’s Response:
When filing a request for the Class 32 “Infill” Categorical Exemption (CEQA Guideline Section 15332) supporting
documents and/or technical studies may be required to substantiate the justification that the proposed project is
eligible for the exemption. This includes, but is not limited to, demonstrating that the project would not result in
any significant effects relating to traffic. In the City of Carlsbad, for projects which meet one of the screening
criteria for CEQA VMT analysis, no additional analysis is necessary. For projects which are not screened, a detailed
May 3, 2023 Item #4 Page 420 of 483
CEQA DETERMINATION APPEAL ANALYSIS Exhibit 13
evaluation of the VMT produced by the project is necessary to document whether the project creates an impact
or not. In this instant, the FPC Residential Project did not meet the screening criteria – and supporting technical
documents and/or a Transportation Impact (VMT) Study was required to corroborate that the FPC Residential
Project was eligible for the exemption.
VMT is a metric that accounts for the number of vehicle trips generated and the length or distance of those trips.
The City of Carlsbad’s “VMT Analysis Guidelines” provides a list of VMT reduction strategies and effectiveness
calculations that can be applied to a project to reduce trip volumes or trip lengths or distances. The strategies are
quantified using the methodologies described in the Handbook for Analyzing Greenhouse Gas Emission
Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity (California Air Pollution Control
Officers Association (CAPCOA, 2021), referred to the “GHG Handbook”). The GHG Handbook provides sufficient
evidence to quantify the level of VMT reduction that the strategies could achieve for a given project site. The
resulting VMT values from a Transportation Impact (VMT) Study are then compared to the significance threshold
to determine whether the project results in a significant CEQA transportation impact due to VMT.
The two methodologies (strategies) that were used to calculate VMT reduction were: (1) “T-1: Increase Residential
Density (from existing neighborhood conditions);” and (2) “T-4: Integrate Affordable and Below Market Rate
Housing.” Strategy T-1 is related to increased residential density and Strategy T-4 is related to inclusion of
affordable housing.
The project description includes both increased density and affordable housing as noted in the “Project
Description P-1(B)” form that was filed with the initial application. This particular project design feature was
sustained during the planning process as an integral component of the details of the request and such features
are consistent with the VMT reduction methods. The following is an excerpt from the initial project description:
The proposed project is the redevelopment of an existing 4.64-acre self-storage facility and junkyard into 86 (18.5
du/ac) rowhomes, townhomes, and triplexes. The mix of units consists of eight 2-bedroom units, 40 3-bedroom
units, and 38 4-bedroom units. The project will include 15% of the units as affordable to low-income and will
utilize a density bonus (27.5%) through Government Code 65915 which would allow for up to 19.125du/ac. The
rowhomes and townhomes will be 3-story and the triplexes will be 2-story.
The increased density and affordability levels of some of those housing units are not considered mitigation
measures because they are part of the project that is undergoing environmental review. By way of filing a
complete and comprehensive environmental determination (Exhibit 11 to the May 3, 2023 Planning Commission
Staff Report), the City Planner has provided enough relevant information and reasonable inferences from this
information to document CEQA compliance.
May 3, 2023 Item #4 Page 421 of 483
LIST OF ACRONYMS AND ABBREVIATIONS Exhibit 14
This is a list of acronyms and abbreviations (in alphabetical order) that are commonly used in staff
reports.
Acronym Description Acronym Description
APA American Planning Association LCPA Local Coastal Program Amendment
APN Assessor Parcel Number LOS Level of Service
AQMD Air Quality Management District MND Mitigated Negative Declaration
BMP Best Management Practice NCTD North County Transit District
CALTRANS California Department of Transportation ND Negative Declaration
CC City Council PC Planning Commission
CCR Conditions, Covenants and Restrictions PDP Planned Development Permit
CEQA California Environmental Quality Act PEIR Program Environmental Impact Report
CFD Community Facilities District PUD Planned Unit Development
CIP Capital Improvement Program ROW Right of Way
COA Conditions of Approval RWQCB Regional Water Quality Control Board
CofO Certificate of Occupancy SANDAG San Diego Association of Governments
CT Tentative Parcel Map SDP Site Development Permit
CUP Conditional Use Permit SP Specific Plan
DIF Development Impact Fee SWPPP Storm Water Pollution Prevention Program
DISTRICT City Council Member District Number TM Tentative Map
EIR Environmental Impact Report ZC Zone Change
EIS Environmental Impact Statement (federal)
EPA Environmental Protection Agency
FEMA Federal Emergency Management Agency
GP General Plan
GPA General Plan Amendment
GIS Geographic Information Systems
HCA Housing Crisis Act 2019
IS Initial Study
May 3, 2023 Item #4 Page 422 of 483
NTS
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
#
FPC RESIDENTIAL
CARLSBAD, CA 20210940
Plot Date:11.29.2022
SDP 2022-0003/CDP 2022-0023
A0.00COVER
FPC RESIDENTIAL
CARLSBAD, CALIFORNIA
DEVELOPER INFORMATION
H.G. FENTON PROPERTY COMPANY
7577 MISSION VALLEY ROAD
SAN DIEGO, CA 92108
CONTACT: RYLEY WEBB
PHONE: (619) 400-1034
EMAIL: RWEBB@HGFENTON.COM
CONSULTANT INFORMATION
KTGY ARCHITECTURE & PLANNING
17911 VON KARMAN AVENUE, SUITE 200
IRVINE, CA 92614
CONTACT: ALAN SCALES
PHONE: (949) 221-6256
EMAIL: ASCALES@KTGY.COM
ARCHITECTURE
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
9707 WAPLES STREET
SAN DIEGO, CA 92121
CONTACT: RYAN MARTIN
PHONE: (858) 558-4500
EMAIL: RyanMartin@HunsakerSD.com
CIVIL
GMP - LANDSCAPE ARCHITECTURE AND PLANNING
3176 LIONSHEAD AVE. SUITE 102
CARLSBAD, CA 92010
CONTACT: MARC MOODY
PHONE: (858) 558-8977
EMAIL: MARC@GMPLANDARCH.COM
LANDSCAPE
Exhibit 15
May 3, 2023 Item #4 Page 423 of 483
PROJECTSITE
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
#
FPC RESIDENTIAL
CARLSBAD, CA 20210940
Plot Date:11.29.2022
SDP 2022-0003/CDP 2022-0023
COMMUNITY CONTEXT
SHEET INDEX
ARCHITECTURE
A0.00 - COVER
A0.10 - SHEET INDEX + PROJECT SUMMARY
A1.00 - SITE PLAN
A2.00 - T CLUSTER - 3-PLEX - PERSPECTIVE
A2.01 - T CLUSTER - 3-PLEX - ELEVATIONS
A2.02 - T CLUSTER - 3-PLEX - SCHEME 2 - PERSPECTIVE
A2.03 - T CLUSTER - 3-PLEX - SCHEME 2 - ELEVATIONS
A2.04 - T CLUSTER - 3-PLEX - CLUSTER PLANS
A3.00 - R CLUSTER - 4-PLEX - PERSPECTIVE
A3.01 - R CLUSTER - 4-PLEX - ELEVATIONS
A3.02 - R CLUSTER - 4-PLEX - CLUSTER PLANS
A3.10 - R CLUSTER - 5-PLEX - PERSPECTIVE
A3.11 - R CLUSTER - 5-PLEX - ELEVATIONS
A3.12 - R CLUSTER - 5-PLEX - CLUSTER PLANS
A3.20 - R CLUSTER - 5.1-PLEX - PERSPECTIVE
A3.21 - R CLUSTER - 5.1-PLEX - ELEVATIONS
A3.22 - R CLUSTER - 5.1-PLEX - CLUSTER PLANS
A3.30 - R CLUSTER - 6-PLEX - PERSPECTIVE
A3.31 - R CLUSTER - 6-PLEX - ELEVATIONS
A3.32 - R CLUSTER - 6-PLEX - CLUSTER PLANS
A4.00 - F CLUSTER - 3-PLEX - PERSPECTIVE
A4.01 - F CLUSTER - 3-PLEX - ELEVATIONS
A4.02 - F CLUSTER - 3-PLEX - CLUSTER PLANS
A4.10 - F CLUSTER - 4-PLEX - PERSPECTIVE
A4.11 - F CLUSTER - 4-PLEX - ELEVATIONS
A4.12 - F CLUSTER - 4-PLEX - CLUSTER PLANS
A5.00 - PLAN T1 / T2 / T3 - UNIT PLANS
A5.10 - PLAN R1 - UNIT PLANS
A5.11 - PLAN R2 - UNIT PLANS
A5.12 - PLAN R3 - UNIT PLANS
A5.20 - PLAN F1 - UNIT PLANS
A5.21 - PLAN F2 - UNIT PLANS
A6.00 - COLORS & MATERIALS BOARD
A0.10SHEET INDEX + PROJECT SUMMARY
CIVIL
C1 - PROJECT SUMMARY
C2 - DETAILS
C3 - DETAILS & CROSS SECTIONS
C4 - DETAILS & CROSS SECTIONS
C5 - STREET SECTIONS
C6 - EXISTING CONDITIONS & UTILITIES
C7 - SITE PLAN
C8 - SITE PLAN
C9 - SITE PLAN
C10 - SITE PLAN
C11 - PROPOSED & EXISTING UTILITIES
C12 - OPEN SPACE
C13 - EXISTING BOUNDARY & ENCUMBRANCES
C14 - ACCESSIBILITY ROUTE
C15 - FIRE EXHIBIT
C16 - BMP EXHIBIT
LANDSCAPE
L-01 - LANDSCAPE CONCEPT PLAN
L-02 - LANDSCAPE CONCEPT PLAN
L-03 - LANDSCAPE CONCEPT PLAN
L-04 - LANDSCAPE CONCEPT PLAN
L-05 - LANDSCAPE CONCEPT ENLARGEMENTS
L-06 - LANDSCAPE CONCEPT ENLARGEMENTS
L-07 - FENCE AND WALLS PLAN
L-08 - FENCE AND WALLS ELEVATIONS
L-09 - MAINTENANCE PLAN
L-10 - UTILITY CONFLICT PLAN
L-11 - WATER CONSERVATION PLAN
L-12 - WATER USE PLAN
May 3, 2023 Item #4 Page 424 of 483
STOP
P-23
P-01
P-02
C
-
0
3
C
-
0
5
S
-
0
6
S
-
1
0
S
-
1
5
S-16
S-18
H-19
S
-
1
2
S
-
1
3
P-24 P-25
P-22
P-26 P-27 P-28 P-29 P-30 P-31
BIKE LANE
BIKE LANE
P-
2
1
P-
2
0
PROPERTY BOUNDARY
PR
O
P
E
R
T
Y
B
O
U
N
D
A
R
Y
PROPE
R
T
Y
B
O
U
N
D
A
R
Y
PR
O
P
E
R
T
Y
B
O
U
N
D
A
R
Y
PR
O
P
E
R
T
Y
B
O
U
N
D
A
R
Y
XX
XX
X
X
X
X
X
X
XX
XX
XX XX XX XX XX XX XX XX XX XX XX XX XX XX
XX
XX
X
XX
X
X
X
X
X
X
XX
XX
XX XX XX XX XX XX XX XX XX XX
3'
-
0
"
4
'
-
0
"
3
'
-
0
"
2'-6"10'-0"
10
'
-
0
"
3'
-
6
"
7'
-
6
"
26'-0"
12'-0"
10'-0"24'-0"3'-0"3'-0"5'-0"5'-0"63'-0"4'-0"4'-0"24'-6"3'-0"
8'-0"
10'-0"
10'-0"
10'-0"
10'-0"
10'-0"
10'-0"
10'-0"
1
5
'
-
0
"
10'-0"
1
R22
R13
R14
R15
R16
R27
R211
R212
R2
16
R217
R2
21
R2
22
R2
25
R2
26
R2
30
R2
8
R19
R110
R1
13
R114
R115
R1
18
R119
R120
R1
23
R1
24
R1
27
R1
28
R1
29
R1
31
F2
33
F2
32
F1
35
F1 39
F1
38
F1
42
F1
43
F1
46
F1
47
F1
50
F1
51
F1
54
F1
55
F1
58
F1
61
F1
34
F2
36
F2 40
F2
37
F2
41
F2
44
F2
48
F2
45
F2
49
F2
52
F2
56
F2
53
F2
57
F2
59
F2
60
F2
62
F2
63
T3
64
T1
65
T2
66
T3
67
T1
68
T2
69
T3
70
T1
71
T2
72
T3
73
T1
74
T2
75
T3
76
T1
77
T2
78
T3
79
T1
80
T2
81
T3
82
T1
83
T2
84
T3
85
T1
86
T2
26
'
-
0
"
DR
I
V
E
A
I
S
L
E
2
6
'
-
0
"
D
R
I
V
E
A
I
S
L
E
26'-0"DRIVE AISLE
2
6
'
-
0
"
D
R
I
V
E
A
I
S
L
E
2
6
'
-
0
"
D
R
I
V
E
A
I
S
L
E
26'-0"
DRIVE AISLE
20'-0"
DRIVE AISLE 20'-0"DRIVE AISLE
G
G
G
G
G
G
G
G
G
G
G
G
G
G
G
G
G
G
G
G
PR
I
V
A
T
E
D
R
I
V
E
A
PRIVATE DRIVE B
PRIVATE DRIVE
B
PR
I
V
A
T
E
D
R
I
V
E
B
PR
I
V
A
T
E
D
R
I
V
E
B
PRIVATE D
R
I
V
E
C
PRIVATE D
R
I
V
E
C
PR
I
V
A
T
E
D
R
I
V
E
D
PR
I
V
A
T
E
D
R
I
V
E
E
PR
I
V
A
T
E
D
R
I
V
E
C
BUILDING 1
100ABUILDING 2
200A
BUILDING 3
200B
BUILDING 4
300A
BUILDING 5
400A
BUILDING 6
200C
BUILDING 7
500B
BUILDING 8
500A
BUILDING 9
600A
BUILDING 10
600A
BUILDING 11
600A
BUILDING 12
600A
BUILDING 13
600A
BUILDING 14
500A
BUILDING 15
500A
BUILDING 16
700A
BUILDING 17
700A
BUILDING 18
700A
BUILDING 19
700A
BUILDING 20
700A
BUILDING 21
700A
BUILDING 22
700A
BUILDING 23
700AA
A
A A A
A
OPENSPACE 10' GASLINE
PO
N
T
O
D
R
I
V
E
PONTO ROAD
PR
O
J
E
C
T
EN
T
R
Y
PROJECT
ENTRY
9'-0"
TYP.
10'-0"
8'-0"
A
A
A
OPENSPACE
4
'
-
0
"
4'
-
0
"
13'-0"
8'-0"15
'
-
0
"
9'-0"
TYP.
24'-0"
7'-0"
4'-0"
45'-0"
2
0
'
-
0
"
T
Y
P
.
8
'
-
0
"
1
5
'
-
0
"
T
Y
P
.
1
1
'
-
0
"
1
3
'
-
0
"
1
5
'
-
0
"
1
5
'
-
0
"
1
5
'
-
0
"
1
4
'
-
0
"
20'-0"TYP.9'
-
0
"
TY
P
.
PONTO
DRIVE
PR
I
V
A
T
E
B
E
A
C
H
W
A
Y
16'-0"14'-0"
26'-0"5'-0"
1
1
'
-
0
"
7
'
-
0
"
11
'
-
0
"
7'
-
0
"
11
'
-
0
"
329'
184'
15'
18'-0"
3'
-
0
"
15
5
'
12'-0"
31'
15
1
'
12'-0"
854'
215'
19
9
'
15'-0"
31'
1
4
'
-
0
"
0 30 6015
UNIT ENTRY
A ACCESSIBLE UNIT
LEGEND
PLAN F1
PLAN F2
PLAN R1
PLAN R2
OPEN SPACE
G GAS METER LOCATION
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
#
FPC RESIDENTIAL
CARLSBAD, CA 20210940
Plot Date:11.29.2022
SDP 2022-0003/CDP 2022-0023
A1.00SITE PLAN
PLAN R3
PLAN T1
PLAN T2
PLAN T3
May 3, 2023 Item #4 Page 425 of 483
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
#
FPC RESIDENTIAL
CARLSBAD, CA 20210940
Plot Date:11.29.2022
SDP 2022-0003/CDP 2022-0023
A2.00T CLUSTER
3-PLEX ELEVATIONNTS
May 3, 2023 Item #4 Page 426 of 483
9'
-
1
"
9'
-
1
"
30
'
-
0
"
T. O. ROOF STRUCTURE
F. F.
F. F.
T. O. P.
T. O. P.
0 4 8 16
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
#
FPC RESIDENTIAL
CARLSBAD, CA 20210940
Plot Date:11.29.2022
SDP 2022-0003/CDP 2022-0023
A2.01T CLUSTER
3-PLEX ELEVATIONS
3 - FRONT 4 - RIGHT
1 - REAR 2 - LEFT
MATERIAL LEGEND1.BOARD AND BATTEN2.FIBER CEMENT LAP SIDING, 6" EXPOSURE3.COMPOSITE SHINGLE ROOF4.VINYL WINDOWS5.AWNING6.WOOD RAILING7.FIBERGLASS ENTRY DOOR8.FIBER CEMENT BUILDING TRIM9.DECORATIVE EXTERIOR LIGHT10.ILLUMINATED ADDRESS SIGN11.FAUX POTSHELF12.SECTIONAL METAL GARAGE DOOR
3
127
41116
10 9 7 5
52
8
KEY PLAN - SCALE: 1/16"=1'-0"
1
2
3
4
END BUILDING - ENHANCED
END BUILDING - ENHANCED
END BUILDING - ENHANCED
May 3, 2023 Item #4 Page 427 of 483
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
#
FPC RESIDENTIAL
CARLSBAD, CA 20210940
Plot Date:11.29.2022
SDP 2022-0003/CDP 2022-0023
A2.02T CLUSTER
3-PLEX SCHEME 2 ELEVATIONNTS
May 3, 2023 Item #4 Page 428 of 483
9'
-
1
"
9'
-
1
"
30
'
-
0
"
T. O. ROOF STRUCTURE
F. F.
T. O. P.
F. F.
T. O. P.
0 4 8 16
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
#
FPC RESIDENTIAL
CARLSBAD, CA 20210940
Plot Date:11.29.2022
SDP 2022-0003/CDP 2022-0023
A2.03T CLUSTER
3-PLEX SCHEME 2 ELEVATIONS
3 - FRONT 4 - RIGHT
1 - REAR 2 - LEFT
MATERIAL LEGEND1.BOARD AND BATTEN2.FIBER CEMENT LAP SIDING, 6" EXPOSURE3.COMPOSITE SHINGLE ROOF4.VINYL WINDOWS5.AWNING6.WOOD RAILING7.FIBERGLASS ENTRY DOOR8.FIBER CEMENT BUILDING TRIM9.DECORATIVE EXTERIOR LIGHT10.ILLUMINATED ADDRESS SIGN11.FAUX POTSHELF12.SECTIONAL METAL GARAGE DOOR
3
127
41116
10 9 7 5
52
8
KEY PLAN - SCALE: 1/16"=1'-0"
1
2
3
4
END BUILDING - ENHANCED
END BUILDING - ENHANCEDEND BUILDING - ENHANCED
May 3, 2023 Item #4 Page 429 of 483
21'-4 1/2"PLAN T2
55
'
-
1
0
"
36'-11 1/2"PLAN T3
20'-9"PLAN T220'-9"PLAN T3 15'-9"PLAN T1
33'-1 1/2"PLAN T225'-2 1/2"PLAN T3
57'-5"PLAN T1
24
'
-
9
1
/
2
"
PL
A
N
T
1
30
'
-
1
0
1
/
2
"
PL
A
N
T
2
12
'
-
7
"
PL
A
N
T
1
40
'
-
9
"
PL
A
N
T
3
4:12
4:12
6:
1
2
6:
1
2
3:
1
2
4:12
RIDGE
RI
D
G
E
VALL
E
Y
VAL
L
E
Y
RO
O
F
B
R
E
A
K
RIDGE
3:126:
1
2
6:
1
2
RI
D
G
E
POTENTIAL SOLAR AREA ASREQUIRED PER CODE
0 4 8 16
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
#
FPC RESIDENTIAL
CARLSBAD, CA 20210940
Plot Date:11.29.2022
SDP 2022-0003/CDP 2022-0023
A2.04T CLUSTER
3-PLEX
FIRST FLOORSECOND FLOORROOF PLAN
CLUSTER GROSS SQUARE FOOTAGE4,526 SF
END BUILDING - ENHANCED END BUILDING - ENHANCED
May 3, 2023 Item #4 Page 430 of 483
NTS
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
#
FPC RESIDENTIAL
CARLSBAD, CA 20210940
Plot Date:11.29.2022
SDP 2022-0003/CDP 2022-0023
A3.00R CLUSTER
4-PLEX PERSPECTIVE
May 3, 2023 Item #4 Page 431 of 483
8'
-
1
"
9'
-
1
"
9'
-
1
"
F. F.
T. O. P.
F. F.
T. O. P.
F. F.
T. O. ROOF DECK STRUCTURE
32
'
-
0
"
13
'
-
0
"
3'
-
6
"
T. O. P.
T. O. PARAPET
T. O. STAIRWAY HOUSING
35
'
-
0
"
M
A
X
.
0 4 8 16
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
#
FPC RESIDENTIAL
CARLSBAD, CA 20210940
Plot Date:11.29.2022
SDP 2022-0003/CDP 2022-0023
A3.01R CLUSTER
4-PLEX ELEVATIONS
1 - FRONT 2 - RIGHT
3 - REAR 4 - LEFT
MATERIAL LEGEND1.BOARD AND BATTEN2.FIBER CEMENT LAP SIDING, 6" EXPOSURE3.COMPOSITE SHINGLE ROOF4.VINYL WINDOWS5.AWNING6.WOOD RAILING7.FIBERGLASS ENTRY DOOR8.FIBER CEMENT BUILDING TRIM9.DECORATIVE EXTERIOR LIGHT10.ILLUMINATED ADDRESS SIGN11.FAUX POTSHELF12.SECTIONAL METAL GARAGE DOOR13.GLASS RAILING
3
7
411113
10 95
132
8
12
821
3 3
KEY PLAN - SCALE: 1/16"=1'-0"
1
2
3
4
6
May 3, 2023 Item #4 Page 432 of 483
21'-6"PLAN R2
38
'
-
4
"
21'-0"PLAN R121'-6"PLAN R2 21'-0"PLAN R121'-6"PLAN R2
38
'
-
4
"
21'-0"PLAN R121'-6"PLAN R2 21'-0"PLAN R1
21'-6"PLAN R2
38
'
-
4
"
21'-0"PLAN R121'-6"PLAN R2 21'-0"PLAN R1
4.
5
:
1
2
4.
5
:
1
2
RI
D
G
E
6:12
4.
5
:
1
2
6:12 VALL
E
Y
ROOF DECK
ROOF DECKROOF DECK
FLAT ROOFFLAT ROOF
6:12
4.
5
:
1
2
4.
5
:
1
2
4.
5
:
1
2
RI
D
G
E
VA
L
L
E
Y
ROOF DECK
3:12VAL
L
E
Y
3:12
V
A
L
L
E
Y
21'-6"PLAN R2
38
'
-
4
"
21'-0"PLAN R121'-6"PLAN R2 21'-0"PLAN R1
0 4 8 16
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
#
FPC RESIDENTIAL
CARLSBAD, CA 20210940
Plot Date:11.29.2022
SDP 2022-0003/CDP 2022-0023
A3.02R CLUSTER
4-PLEX
SECOND FLOORTHIRD FLOOR
FIRST FLOORROOF PLAN CLUSTER GROSS SQUARE FOOTAGE7,288 SF
May 3, 2023 Item #4 Page 433 of 483
NTS
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
#
FPC RESIDENTIAL
CARLSBAD, CA 20210940
Plot Date:11.29.2022
SDP 2022-0003/CDP 2022-0023
A3.10R CLUSTER
5-PLEX PERSPECTIVE
May 3, 2023 Item #4 Page 434 of 483
8'
-
1
"
9'
-
1
"
9'
-
1
"
F. F.
T. O. P.
F. F.
T. O. P.
F. F.
T. O. ROOF DECK STRUCTURE
32
'
-
0
"
13
'
-
0
"
3'
-
6
"
T. O. P.
T. O. PARAPET
T. O. STAIRWAY HOUSING
35
'
-
0
"
M
A
X
.
0 4 8 16
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
#
FPC RESIDENTIAL
CARLSBAD, CA 20210940
Plot Date:11.29.2022
SDP 2022-0003/CDP 2022-0023
A3.11R CLUSTER
5-PLEX ELEVATIONS
1 - FRONT 2 - RIGHT
MATERIAL LEGEND1.BOARD AND BATTEN2.FIBER CEMENT LAP SIDING, 6" EXPOSURE3.COMPOSITE SHINGLE ROOF4.VINYL WINDOWS5.AWNING6.WOOD RAILING7.FIBERGLASS ENTRY DOOR8.FIBER CEMENT BUILDING TRIM9.DECORATIVE EXTERIOR LIGHT10.ILLUMINATED ADDRESS SIGN11.FAUX POTSHELF12.SECTIONAL METAL GARAGE DOOR13.GLASS RAILING
3
7
411113
109 5
132
8 821
3 3
KEY PLAN - SCALE: 1/16"=1'-0"
1
2
3
4
6
3 - REAR 4 - LEFT12
May 3, 2023 Item #4 Page 435 of 483
21'-6"PLAN R2
38
'
-
4
"
21'-0"PLAN R121'-6"PLAN R2 21'-0"PLAN R121'-0"PLAN R121'-6"PLAN R2
38
'
-
4
"
21'-0"PLAN R121'-6"PLAN R2 21'-0"PLAN R121'-0"PLAN R1
21'-6"PLAN R2
38
'
-
4
"
21'-0"PLAN R121'-6"PLAN R2 21'-0"PLAN R121'-0"PLAN R1
4.
5
:
1
2
4.
5
:
1
2
RI
D
G
E
6:12
4.
5
:
1
2
6:12 6:12
6:12
4.
5
:
1
2
4.
5
:
1
2
4.
5
:
1
2
RI
D
G
E
VA
L
L
E
Y
VALL
E
Y
ROOF DECK
ROOF DECK ROOF DECK ROOF DECK
ROOF DECK
FLAT ROOF
FLAT ROOF
FLAT ROOF
3:123:12VAL
L
E
Y
3:12
V
A
L
L
E
Y
21'-6"PLAN R221'-0"PLAN R121'-6"PLAN R2 21'-0"PLAN R121'-0"PLAN R1
38
'
-
4
"
0 4 8 16
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
#
FPC RESIDENTIAL
CARLSBAD, CA 20210940
Plot Date:11.29.2022
SDP 2022-0003/CDP 2022-0023
A3.12R CLUSTER
5-PLEX
SECOND FLOORTHIRD FLOOR
FIRST FLOORROOF PLAN CLUSTER GROSS SQUARE FOOTAGE9,067 SF
May 3, 2023 Item #4 Page 436 of 483
NTS
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
#
FPC RESIDENTIAL
CARLSBAD, CA 20210940
Plot Date:11.29.2022
SDP 2022-0003/CDP 2022-0023
A3.20R CLUSTER
5.1-PLEX PERSPECTIVE
May 3, 2023 Item #4 Page 437 of 483
9'
-
1
"
9'
-
1
"
9'
-
1
"
8'
-
1
"
9'
-
1
"
9'
-
1
"
F. F.
T. O. P.
F. F.
T. O. P.
F. F.
T. O. ROOF DECK STRUCTURE
32
'
-
0
"
13
'
-
0
"
3'
-
6
"
T. O. P.
T. O. PARAPET
T. O. STAIRWAY HOUSING
35
'
-
0
"
M
A
X
0 4 8 16
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
#
FPC RESIDENTIAL
CARLSBAD, CA 20210940
Plot Date:11.29.2022
SDP 2022-0003/CDP 2022-0023
A3.21R CLUSTER
5.1-PLEX ELEVATIONS
1 - FRONT 2 - RIGHT
3 - REAR 4 - LEFT
3
7
411113
10 95
132
8
12
6 1
3 3
KEY PLAN - SCALE: 1/16"=1'-0"
1
2
3
4
11
MATERIAL LEGEND1.BOARD AND BATTEN2.FIBER CEMENT LAP SIDING, 6" EXPOSURE3.COMPOSITE SHINGLE ROOF4.VINYL WINDOWS5.AWNING6.WOOD RAILING7.FIBERGLASS ENTRY DOOR8.FIBER CEMENT BUILDING TRIM9.DECORATIVE EXTERIOR LIGHT10.ILLUMINATED ADDRESS SIGN11.FAUX POTSHELF12.SECTIONAL METAL GARAGE DOOR13.GLASS RAILING
May 3, 2023 Item #4 Page 438 of 483
21'-0"PLAN R121'-6"PLAN R2 21'-0"PLAN R121'-0"PLAN R1 29'-0 1/2"PLAN R3
51
'
-
2
"
21'-0"PLAN R121'-6"PLAN R2 21'-0"PLAN R121'-0"PLAN R1 29'-0 1/2"PLAN R3
51
'
-
2
"
29'-0 1/2"PLAN R3
51
'
-
2
"
29'-0 1/2"PLAN R3
51
'
-
2
"
21'-0"PLAN R121'-6"PLAN R2 21'-0"PLAN R121'-0"PLAN R1
3:1
2
3:1
2
3:12
3:12
4.5:12
4.5:12
4.
5
:
1
2
4.
5
:
1
2
RI
D
G
E
3:12
6:12
4.
5
:
1
2
6:12 6:12
VA
L
L
E
Y
VAL
L
E
Y
ROOF DECK
ROOF DECK ROOF DECK
FLAT ROOF
FLAT ROOF
FLAT ROOF
ROOF DECK
DECK
3:12
21'-0"PLAN R121'-6"PLAN R2 21'-0"PLAN R121'-0"PLAN R1 29'-0 1/2"PLAN R3
51
'
-
2
"
0 4 8 16
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
#
FPC RESIDENTIAL
CARLSBAD, CA 20210940
Plot Date:11.29.2022
SDP 2022-0003/CDP 2022-0023
A3.22R CLUSTER
5.1-PLEX
SECOND FLOORTHIRD FLOOR
FIRST FLOORROOF PLAN CLUSTER GROSS SQUARE FOOTAGE9,511 SF
May 3, 2023 Item #4 Page 439 of 483
NTS
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
#
FPC RESIDENTIAL
CARLSBAD, CA 20210940
Plot Date:11.29.2022
SDP 2022-0003/CDP 2022-0023
A3.30R CLUSTER
6-PLEX PERSPECTIVE
May 3, 2023 Item #4 Page 440 of 483
8'
-
1
"
9'
-
1
"
9'
-
1
"
F. F.
T. O. P.
F. F.
T. O. P.
F. F.
T. O. ROOF DECK STRUCTURE
32
'
-
0
"
13
'
-
0
"
3'
-
6
"
T. O. P.
T. O. PARAPET
T. O. STAIRWAY HOUSING
35
'
-
0
"
M
A
X
.
35
'
-
0
"
M
A
X
.
0 4 8 16
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
#
FPC RESIDENTIAL
CARLSBAD, CA 20210940
Plot Date:11.29.2022
SDP 2022-0003/CDP 2022-0023
A3.31R CLUSTER
6-PLEX ELEVATIONS
1 - FRONT 2 - RIGHT
3 - REAR 4 - LEFT
3
7
411113
109 5
132
8
12
1
3 3
KEY PLAN - SCALE: 1/16"=1'-0"
1
2
3
4
6
MATERIAL LEGEND1.BOARD AND BATTEN2.FIBER CEMENT LAP SIDING, 6" EXPOSURE3.COMPOSITE SHINGLE ROOF4.VINYL WINDOWS5.AWNING6.WOOD RAILING7.FIBERGLASS ENTRY DOOR8.FIBER CEMENT BUILDING TRIM9.DECORATIVE EXTERIOR LIGHT10.ILLUMINATED ADDRESS SIGN11.FAUX POTSHELF12.SECTIONAL METAL GARAGE DOOR13.GLASS RAILING
May 3, 2023 Item #4 Page 441 of 483
21'-6"PLAN R2
38
'
-
4
"
21'-0"PLAN R121'-6"PLAN R2 21'-0"PLAN R121'-0"PLAN R1 21'-0"PLAN R121'-6"PLAN R2
38
'
-
4
"
21'-0"PLAN R121'-6"PLAN R2 21'-0"PLAN R121'-0"PLAN R1 21'-0"PLAN R1
21'-6"PLAN R2
38
'
-
4
"
21'-0"PLAN R121'-6"PLAN R2 21'-0"PLAN R121'-0"PLAN R1 21'-0"PLAN R1
4.
5
:
1
2
4.
5
:
1
2
RI
D
G
E
6:12
4.
5
:
1
2
6:12 6:12
VA
L
L
E
Y
ROOF DECK
ROOF DECK ROOF DECK ROOF DECK
FLAT ROOF FLAT ROOF FLAT ROOF
6:12
ROOF DECK
FLAT ROOF
6:12
4.
5
:
1
2
4.
5
:
1
2
4.
5
:
1
2
RI
D
G
E
VALL
E
Y
ROOF DECK
3:123:12
V
A
L
L
E
Y
3:12VAL
L
E
Y
21'-6"PLAN R221'-0"PLAN R121'-6"PLAN R2 21'-0"PLAN R121'-0"PLAN R1
38
'
-
4
"
21'-0"PLAN R1
0 4 8 16
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
#
FPC RESIDENTIAL
CARLSBAD, CA 20210940
Plot Date:11.29.2022
SDP 2022-0003/CDP 2022-0023
A3.32R CLUSTER
6-PLEX
SECOND FLOORTHIRD FLOOR
FIRST FLOORROOF PLAN CLUSTER GROSS SQUARE FOOTAGE10,846 SF
May 3, 2023 Item #4 Page 442 of 483
NTS
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
#
FPC RESIDENTIAL
CARLSBAD, CA 20210940
Plot Date:11.29.2022
SDP 2022-0003/CDP 2022-0023
A4.00F CLUSTER
3-PLEX PERSPECTIVE
May 3, 2023 Item #4 Page 443 of 483
8'
-
1
"
9'
-
1
"
9'
-
1
"
35
'
-
0
"
M
A
X
.
T. O. P.F. F.
T. O. P.
F. F.
T. O. ROOF STRUCTURE
T. O. P.F. F.
35
'
-
0
"
M
A
X
.
T. O. ROOF STRUCTURE
0 4 8 16
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
#
FPC RESIDENTIAL
CARLSBAD, CA 20210940
Plot Date:11.29.2022
SDP 2022-0003/CDP 2022-0023
A4.01F CLUSTER
3-PLEX ELEVATIONS
1 - FRONT 2 - RIGHT
4 - REAR 3 - LEFT
MATERIAL LEGEND1.BOARD AND BATTEN2.FIBER CEMENT LAP SIDING, 6" EXPOSURE3.COMPOSITE SHINGLE ROOF4.VINYL WINDOWS5.AWNING6.WOOD RAILING7.FIBERGLASS ENTRY DOOR8.FIBER CEMENT BUILDING TRIM9.DECORATIVE EXTERIOR LIGHT10.ILLUMINATED ADDRESS SIGN11.FAUX POTSHELF12.SECTIONAL METAL GARAGE DOOR
413
1
6
2
8 12 82
3
11
11
7 10 5
KEY PLAN - SCALE: 1/16"=1'-0"
1
2
3
4
8 2
3
9
11
12
2
5
May 3, 2023 Item #4 Page 444 of 483
25'-6"PLAN F2
39
'
-
6
"
25'-6"PLAN F2 25'-0"PLAN F125'-6"PLAN F2
39
'
-
6
"
25'-6"PLAN F2 25'-0"PLAN F1
25'-6"PLAN F2
39
'
-
6
"
25'-6"PLAN F2 25'-0"PLAN F1
4.
5
:
1
2
3:12
3:12 3:12
4.
5
:
1
2
4.
5
:
1
2
4.
5
:
1
2
4.
5
:
1
2
4.
5
:
1
2
4.
5
:
1
2
4.
5
:
1
2
RI
D
G
E
VAL
L
E
Y
RI
D
G
E
V
A
L
L
E
Y
RIDGE
RI
D
G
E
RI
D
G
E
VAL
L
E
Y
V
A
L
L
E
Y
V
A
L
L
E
Y
VAL
L
E
Y
V
A
L
L
E
Y
3:12
RIDGE
POTENTIAL SOLAR AREA ASREQUIRED PER CODE
POTENTIAL SOLAR AREA ASREQUIRED PER CODE
POTENTIAL SOLAR AREA ASREQUIRED PER CODE
POTENTIAL SOLAR AREA ASREQUIRED PER CODE
0 4 8 16
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
#
FPC RESIDENTIAL
CARLSBAD, CA 20210940
Plot Date:11.29.2022
SDP 2022-0003/CDP 2022-0023
A4.02F CLUSTER
3-PLEX
SECOND FLOORTHIRD FLOOR
FIRST FLOORROOF PLAN CLUSTER GROSS SQUARE FOOTAGE6,212SF
May 3, 2023 Item #4 Page 445 of 483
NTS
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
#
FPC RESIDENTIAL
CARLSBAD, CA 20210940
Plot Date:11.29.2022
SDP 2022-0003/CDP 2022-0023
A4.10F CLUSTER
4-PLEX PERSPECTIVE
May 3, 2023 Item #4 Page 446 of 483
8'
-
1
"
9'
-
1
"
9'
-
1
"
35
'
-
0
"
M
A
X
.
T. O. P.F. F.
T. O. P.
F. F.
T. O. ROOF STRUCTURE
T. O. P.F. F.
35
'
-
0
"
M
A
X
.
T. O. ROOF STRUCTURE
0 4 8 16
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
#
FPC RESIDENTIAL
CARLSBAD, CA 20210940
Plot Date:11.29.2022
SDP 2022-0003/CDP 2022-0023
A4.11F CLUSTER
4-PLEX ELEVATIONS
FRONT RIGHT
REAR LEFT
MATERIAL LEGEND1.BOARD AND BATTEN2.FIBER CEMENT LAP SIDING, 6" EXPOSURE3.COMPOSITE SHINGLE ROOF4.VINYL WINDOWS5.AWNING6.WOOD RAILING7.FIBERGLASS ENTRY DOOR8.FIBER CEMENT BUILDING TRIM9.DECORATIVE EXTERIOR LIGHT10.ILLUMINATED ADDRESS SIGN11.FAUX POTSHELF12.SECTIONAL METAL GARAGE DOOR
4143
16
2
8
12
8 1
3
11
11
7 10
95
KEY PLAN - SCALE: 1/16"=1'-0"
1
2
3
4
7 58
341 2
8 2
May 3, 2023 Item #4 Page 447 of 483
25'-6"PLAN F2
39
'
-
6
"
25'-0"PLAN F125'-6"PLAN F2 25'-0"PLAN F125'-6"PLAN F2
39
'
-
6
"
25'-0"PLAN F125'-6"PLAN F2 25'-0"PLAN F1
25'-6"PLAN F2
39
'
-
6
"
25'-0"PLAN F125'-6"PLAN F2 25'-0"PLAN F1
3:12
4.
5
:
1
2
3:12
3:12 3:124.
5
:
1
2
4.
5
:
1
2
4.
5
:
1
2
4.
5
:
1
2
4.
5
:
1
2
4.
5
:
1
2
4.
5
:
1
2
4.
5
:
1
2
4.
5
:
1
2
4.
5
:
1
2
4.
5
:
1
2
RI
D
G
E
VAL
L
E
Y
RI
D
G
E
VAL
L
E
Y
V
A
L
L
E
Y
RIDGE RIDGE
RI
D
G
E
RI
D
G
E
RI
D
G
E
RI
D
G
E
VAL
L
E
Y
V
A
L
L
E
Y
VAL
L
E
Y
V
A
L
L
E
Y
V
A
L
L
E
Y
VAL
L
E
Y
V
A
L
L
E
Y
3:12POTENTIAL SOLAR AREA ASREQUIRED PER CODE
POTENTIAL SOLAR AREA ASREQUIRED PER CODE
POTENTIAL SOLAR AREA ASREQUIRED PER CODE
POTENTIAL SOLAR AREA ASREQUIRED PER CODE
POTENTIAL SOLAR AREA ASREQUIRED PER CODE
0 4 8 16
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
#
FPC RESIDENTIAL
CARLSBAD, CA 20210940
Plot Date:11.29.2022
SDP 2022-0003/CDP 2022-0023
A4.12F CLUSTER
4-PLEX
SECOND FLOORTHIRD FLOOR
FIRST FLOORROOF PLAN CLUSTER GROSS SQUARE FOOTAGE8,176 SF
May 3, 2023 Item #4 Page 448 of 483
LIVING
14'-9" x 11'-11"
T3
ENTRY
LIVING
11'-2" x 15'-11"
2- CAR GARAGE
20'-0" x 20'-2"
UP17R
UP17R
DINING
9'-4" x 14'-9"
KITCHEN
10'-10" x 18'-4"
BED 4
11'-2" x 10'-6"
58'-6"
37'-0"21'-5"
OPT.CAB.
T2
T2
ENTRY
PDR
51
'
-
6
"
2'
-
0
"
54
'
-
0
"
T1
ENTRY
2- CAR GARAGE
20'-0" x 20'-2"
T3
2- CAR TANDEM
GARAGE
12'-0" x 40'-0"
T1
UP17R
PANTRY
BATH 3
W.I.C.
DINING
9'-6" x 15'-11"
KITCHEN
17'-3" x 10'-7"
OPT.
WFH
T3 T2
PANTRY
6"
FUTURE INSTALLATIONOF ELECTRIC VEHICLESUPPLY EQUIPMENT
FUTURE INSTALLATIONOF ELECTRIC VEHICLESUPPLY EQUIPMENT
FUTURE INSTALLATIONOF ELECTRIC VEHICLESUPPLY EQUIPMENT
T1 - GROSS AREA
1ST FLOOR 79 SQ. FT.
2ND FLOOR 1021 SQ. FT.
TOTAL LIVING 1100 SQ. FT.
GARAGE 467 SQ. FT.
DECK 85 SQ. FT.
T3 - GROSS AREA
1ST FLOOR 892 SQ. FT.
2ND FLOOR 907 SQ. FT.
TOTAL LIVING 1799 SQ. FT.
GARAGE 456 SQ. FT.
LIVING
11'-11" x 12'-6"PRIMARY
BED
12'-2" x 12'-0"
PRIMARY
BATH
DN17R
25'-3"
DECK
7'-6" x 8'-9"
T3
T1
T2
BED 2/
HOME OFFICE
11'-0" x 10'-1"
KITCHEN
11'-11" x 9'-10"
BATH 2
LAUND.
LAUND.
LAUND.
W.I.C.
W.I.C.
W.I.C.
PRIMARY
BED
15'-0" x 14'-4"
PRIMARY
BATH
PRIMARY
BATH
PRIMARY
BED
15'-1" x 12'-9"
BATH 2
BED 3
11'-0" x 11'-5"
BED 2
14'-11" x 9'-6"
BED 3
10'-7" x 10'-0"
BED 2
11'-3" x 10'-6"
BATH 2 DN
17R
DN
17R
33'-2"
58'-6"
30
'
-
1
1
"
22
'
-
5
"
2"
54
'
-
0
"
UPPERS
OPTIONAL
UPPERS
OPTIONAL
DINING/
WFH OPT.
9'-0" x 11'-9"
LINEN
PANTRY
6"
T2 - GROSS AREA
1ST FLOOR 626 SQ. FT.
2ND FLOOR 1000 SQ. FT.
TOTAL LIVING 1627 SQ. FT.
GARAGE 451 SQ. FT.
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
#
FPC RESIDENTIAL
CARLSBAD, CA 20210940
Plot Date:11.29.2022
SDP 2022-0003/CDP 2022-0023
FIRST FLOORSECOND FLOOR
A5.00PLAN T1 / T2 / T3
TRIPLEX - UNIT PLANS0 2 4 8
May 3, 2023 Item #4 Page 449 of 483
GROSS SF
1ST FLOOR 288 SQ. FT.
2ND FLOOR 693 SQ. FT.
3RD FLOOR 766 SQ. FT.
STAIR TOWER 33 SQ. FT.
TOTAL LIVING 1779 SQ. FT.
GARAGE 447 SQ. FT.
2ND FLOOR DECK 73 SQ. FT.
ROOF DECK 258 SQ. FT.
GARAGE
20'-5" x 20'-1"
FLEX
10'-7" x 12'-3"
ENTRY
POWDER
COATS
2'
-
0
"
33
'
-
4
"
35
'
-
4
"
21'-0"
UP17R
T
GR
FUTURE INSTALLATIONOF ELECTRIC VEHICLESUPPLY EQUIPMENT
DN17R
UP 17R
KITCHEN
14'-7" x 12'-9"
GREAT ROOM
16'-9" x 17'-3"
POWDER
LAUNDRY
PA
N
T
R
Y
DECK
13'-0" x 5'-0"
7'-6 1/2"13'-5 1/2"
21'-0"
37
'
-
4
"
DN
17R
UP 17R
BED 2
10'-1" x 10'-0"
BED 3
10'-1" x 10'-0"
PRIMARY BED
13'-2" x 13'-0"
W.I.C.
BATH 2
PRIMARY
BATH
FAU
37
'
-
4
"
7'-6 1/2"13'-5 1/2"
21'-0"
DN17R
ROOF DECK
13'-0" x 19'-10"
37
'
-
4
"
7'-3"13'-9"
21'-0"
14
'
-
9
"
16
'
-
4
"
6'
-
3
"
0 2 4 8
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
#
FPC RESIDENTIAL
CARLSBAD, CA 20210940
Plot Date:11.29.2022
SDP 2022-0003/CDP 2022-0023
A5.10PLAN R1
ROW TOWNHOME - INTERNAL UNIT PLANS
FIRST FLOORSECOND FLOORTHIRD FLOORROOF DECK
May 3, 2023 Item #4 Page 450 of 483
GARAGE
20'-5" x 20'-0"
BED 4
11'-2" x 10'-0"
ENTRY
2'
-
0
"
35
'
-
4
"
38
'
-
4
"
21'-6"
CO
A
T
S
BATH 3
1'
-
0
"
14'-1"7'-5"
UP17R
TGR
LINEN
FUTURE INSTALLATIONOF ELECTRIC VEHICLESUPPLY EQUIPMENT
DN17R
UP
17R
KITCHEN
10'-6" x 17'-7"
LIVING
16'-9" x 14'-4"
POWDER
PA
N
T
R
Y
DECK
13'-2" x 5'-10"
38
'
-
4
"
7'-3 1/2"
1'
-
0
"
13'-8 1/2"
21'-0"
37
'
-
4
"
DINING
9'-11" x 17'-7"
DN
17R
UP
17R
LAUNDRY
BED 2
10'-1" x 10'-0"BED 3
10'-1" x 10'-0"
PRIMARY BED
13'-2" x 11'-11"
W.I.C.
BATH 2
PRIMARY
BATH
FAU
21'-0"
37
'
-
4
"
38
'
-
4
"
1'
-
0
"
GROSS SF
1ST FLOOR 335 SQ. FT.
2ND FLOOR 731 SQ. FT.
3RD FLOOR 784 SQ. FT.
STAIR TOWER 15 SQ. FT.
TOTAL LIVING 1865 SQ. FT.
GARAGE 459 SQ. FT.
2ND FLOOR DECK 78 SQ. FT.
ROOF DECK 266 SQ. FT.
DN17R
ROOF DECK
37
'
-
4
"
7'-6 1/2"13'-5 1/2"
21'-0"
14
'
-
3
"
16
'
-
2
"
6'
-
1
1
"
0 2 4 8
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
#
FPC RESIDENTIAL
CARLSBAD, CA 20210940
Plot Date:11.29.2022
SDP 2022-0003/CDP 2022-0023
A5.11PLAN R2
ROW TOWNHOME - END UNIT PLANS
FIRST FLOORSECOND FLOORTHIRD FLOORROOF DECK
May 3, 2023 Item #4 Page 451 of 483
17 R
UP
R
T
G
GARAGE
20'-0" x 20'-0"
KITCHEN
15'-7" x 10'-10"
DINING
10'-1" x 15'-1"
LIVING
15'-6" x 13'-3"
ENTRY
POWDER
PORCH
11
'
-
4
1
/
2
"
45
'
-
5
1
/
2
"
34
'
-
1
"
27'-7 1/2
"
20'-11"
6'-8 1/2"
PANTRY
COATS
19'-11 1/2"
16'-5 1/2"3'-6"
FUTURE INSTALLATIONOF ELECTRIC VEHICLESUPPLY EQUIPMENT
17 R
UP
17 RDN
PRIMARY BED
15'-7" x 14'-1"
PRIMARY
BATH
BATH 2
BED 3
10'-11" x 10'-11"
LAUNDRY
LINEN
BED 2
10'-9" x 12'-3"
DECK 1
LOW CABINET
W.I.C.
11
'
-
4
1
/
2
"
45
'
-
5
1
/
2
"
19'-11 1/2"
34
'
-
1
"
16'-5 1/2"3'-6"
27'-7 1/2"
22'-10"
4'-9 1/2"
W.I.C.
17 RDN
BED 4
15'-10" x 11'-8"
W.I.C.
BATH 3
FLEX
15'-7" x 9'-1"
DECK 2
11
'
-
4
1
/
2
"
45
'
-
5
1
/
2
"
19'-11 1/2"
34
'
-
1
"
27'-7 1/2"16'-9"
4'-9 1/2"
6'-1"
GROSS SF
1ST FLOOR 690 SQ. FT.
2ND FLOOR 1090 SQ. FT.
3RD FLOOR 529 SQ. FT.
TOTAL LIVING 2309 SQ. FT.
GARAGE 424 SQ. FT.
PORCH 33 SQ. FT.
DECK 1 79 SQ. FT.
DECK 2 387 SQ. FT.
0 2 4 8
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
#
FPC RESIDENTIAL
CARLSBAD, CA 20210940
Plot Date:11.29.2022
SDP 2022-0003/CDP 2022-0023
A5.12PLAN R3
ROW TOWNHOME - END UNIT PLANS
FIRST FLOORSECOND FLOORTHIRD FLOOR
May 3, 2023 Item #4 Page 452 of 483
GROSS SF
1ST FLOOR 427 SQ. FT.
2ND FLOOR 755 SQ. FT.
3RD FLOOR 781 SQ. FT.
TOTAL LIVING 1964 SQ. FT.
GARAGE 441 SQ. FT.
2ND FLOOR DECK 182 SQ. FT.
GARAGE
20'-1" x 20'-1"
FLEX
11'-5" x 15'-5"
BATH 3
ENTRY
COATS
REAR YARD
25
'
-
1
0
"
10
'
-
8
"
36
'
-
6
"
2'
-
6
"
39
'
-
0
"
4'-4"20'-8"
25'-0"
STORAGE
UP
17R
R TG
FUTURE INSTALLATIONOF ELECTRIC VEHICLESUPPLY EQUIPMENT
DN17R
UP
17R
LIVING
19'-1" x 15'-0"
KITCHEN
11'-1" x 15'-1"
DINING
9'-0" x 15'-2"
POWDER
21
'
-
2
"
17
'
-
1
0
"
39
'
-
0
"
4'-4"20'-8"
25'-0"
DECK
DN17R
PRIMARY BED
12'-4" x 12'-7"
PRIMARY
BATH
W.I.C.BATH 2 LAUNDRY
W.I.C.
LINEN
21
'
-
2
"
39
'
-
0
"
17
'
-
1
0
"
4'-4"10'-3 1/2"
25'-0"
BED 2
10'-0" x 10'-0"
BED 3
9'-10" x 10'-2"
10'-4 1/2"
0 2 4 8
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
#
FPC RESIDENTIAL
CARLSBAD, CA 20210940
Plot Date:11.29.2022
SDP 2022-0003/CDP 2022-0023
A5.20PLAN F1
FRONT LOAD TOWNHOME - INTERNAL UNIT PLANS
FIRST FLOORSECOND FLOORTHIRD FLOOR
May 3, 2023 Item #4 Page 453 of 483
GROSS SF
1ST FLOOR 378 SQ. FT.
2ND FLOOR 912 SQ. FT.
3RD FLOOR 834 SQ. FT.
TOTAL LIVING 2124 SQ. FT.
GARAGE 476 SQ. FT.
PATIO 83 SQ. FT.
2ND FLOOR DECK 83 SQ. FT.
GARAGE
21'-4" x 20'-1"
BED 4
11'-9" x 10'-7"
BATH 3
REAR YARD
7'
-
7
1
/
2
"
29
'
-
4
1
/
2
"
39
'
-
0
"
10'-10"14'-8"
25'-6"
2'
-
0
"
UT
I
L
I
T
Y
C
L
O
S
E
T
PATIO
UP17R
R
T
G
LI
N
E
N
ENTRY
FUTURE INSTALLATION
OF ELECTRIC VEHICLESUPPLY EQUIPMENT
UP17R
DN
17R
LIVING
14'-1" x 13'-9"
KITCHEN
17'-8" x 13'-4"
DINING
17'-8" x 11'-4"
POWDER
LAUNDRY
DECK
PANTRY/
STORAGE
7'
-
7
1
/
2
"
31
'
-
4
1
/
2
"
39
'
-
0
"
10'-10"14'-8"
25'-6"
COATS
DN
17R
PRIMARY BED
14'-1" x 12'-1"
PRIMARY
BATH
W.I.C.
BATH 2
LINEN
7'
-
7
1
/
2
"
29
'
-
1
0
1
/
2
"
39
'
-
0
"
10'-10"14'-8"
25'-6"
BED 2
11'-10" x 10'-6"
BED 3
10'-6" x 10'-6"
TECH
LOW
ROOF
1'
-
6
"
UP
17R
R
T
GGARAGE
21'-4" x 20'-1"
BED 4
11'-9" x 10'-1"
BATH 3
ENTRY
7'
-
7
1
/
2
"
29
'
-
4
1
/
2
"
39
'
-
0
"
10'-10"14'-8"
25'-6"
2'
-
0
"
UT
I
L
I
T
Y
C
L
O
S
E
T
PATIO
FUTURE INSTALLATIONOF ELECTRIC VEHICLE
SUPPLY EQUIPMENT
0 2 4 8
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
#
FPC RESIDENTIAL
CARLSBAD, CA 20210940
Plot Date:11.29.2022
SDP 2022-0003/CDP 2022-0023
A5.21PLAN F2
FRONT LOAD TOWNHOME - END UNIT PLANS
FIRST FLOORSECOND FLOORTHIRD FLOOR FIRST FLOOR - ACCESSIBLE UNIT
May 3, 2023 Item #4 Page 454 of 483
Architecture + Planning
17911 Von Karman Ave,
Suite 200
Irvine, CA 92614
949.851.2133
ktgy.com
A6.00COLORS & MATERIALS BOARD
NTS#
FPC RESIDENTIAL
CARLSBAD, CA 20210940
Plot Date:11.17.2022
May 3, 2023 Item #4 Page 456 of 483
TYPICAL RETAINING WALL DETAIL TYP. GRADING DETAIL
FF= 100.3P= 99.55
FF= 100.2P= 99.45
PRODUCT 'F' CLUSTER
4" MOD. ROLLED 'G-4' CURB (PRIVATE)
4" MOD. 'G-1' CURB
TYPE 'E' A.C. DIKESD RSD G-05
0" MOD. CURB
3' CONCRETE RIBBON GUTTER
FF=100.8P=100.05FF=100.3P=99.55
TYP. GRADING DETAIL
PRODUCT 'R' CLUSTER
FF= 100.6P= 99.85
TYP. GRADING DETAIL
PRODUCT 'T' CLUSTER
TYPICAL PARKING SPACE
6" 'G-2' CURB & GUTTER4" MOD. 'G-2' CURB & GUTTER (PRIVATE)
6" 'G-1' CURB & GUTTER
2
DETAILS
PREPARED BY:
HUNSAKER& ASSOCIATES OF
SHEET
16
SDP2022-0003 / CDP2022-0023
CITY OF CARLSBAD, CALIFORNIA
FPC RESIDENTIAL
SITE DEVELOPMENT PLAN
May 3, 2023 Item #4 Page 457 of 483
30
40
50
30
40
50
SECTION A-A(SEE SHEET 7 FOR LOCATION)
30
40
50
30
40
50
SECTION C-C
(SEE SHEET 7 FOR LOCATION)
30
40
50
30
40
50
SECTION B-B(SEE SHEET 7 FOR LOCATION)
40
50
40
50
SECTION D-D(SEE SHEET 9 FOR LOCATION)
60 60
40
50
40
50
SECTION E-E(SEE SHEET 10 FOR LOCATION)
60 60
F
F
F F =4 5 .0
P =4 4 .5
30
40
50
30
40
50
SECTION F-F(SEE SHEET 8 FOR LOCATION)
40
50
40
50
SECTION G-G
(SEE SHEET 8 FOR LOCATION)
60 60
B I K E L A N E
P O N T O R D
PONTO DR
30
40
50
30
40
50
SECTION H-H(SEE SHEET 8 FOR LOCATION)
30
40
50
30
40
50
SECTION I-I(SEE SHEET 8 FOR LOCATION)
3
DETAILS & CROSS-SECTIONS
PREPARED BY:
HUNSAKER& ASSOCIATES OF
SHEET
16
SDP2022-0003 / CDP2022-0023
CITY OF CARLSBAD, CALIFORNIA
FPC RESIDENTIAL
SITE DEVELOPMENT PLAN
DETAIL A
DETAIL B
May 3, 2023 Item #4 Page 458 of 483
N C T D R .O .W .
P =4 5 .0FF=4 5 .5
J
J
40
50
40
50
SECTION J-J(SEE DETAIL D FOR LOCATION)
60 60
30
20
30
20
PROFILE - PRIVATE SEWER FORCE MAIN
STOP
PONTO DR
PO NT O D R
BEACH WAY (PRIVATE)
4
DETAILS & CROSS-SECTIONS
PREPARED BY:
HUNSAKER& ASSOCIATES OF
SHEET
16
SDP2022-0003 / CDP2022-0023
CITY OF CARLSBAD, CALIFORNIA
FPC RESIDENTIAL
SITE DEVELOPMENT PLAN
DETAIL D
DETAIL C
May 3, 2023 Item #4 Page 459 of 483
PORTION OF EXISTING PONTO ROAD (PUBLIC)PER DWG 468-3 EXISTING PONTO DRIVE (PUBLIC)
ENTRANCE ROAD
PROPOSED PVT. DRIVE 'A'
PORTION OF PROPOSED PVT. DRIVE 'B'
PROPOSED PVT. DRIVE AISLE 'D'ENTRANCE ROAD
PORTION OF PROPOSED PVT. DRIVE 'C'
ENTRANCE ROAD
PORTION OF PROPOSED PVT. DRIVE 'C'
PORTION OF PROPOSED PVT. DRIVE 'B'
TRANSITIONAL SECTION OF PONTO ROAD (PUBLIC)
PROPOSED PONTO DRIVE (PUBLIC)
PORTION OF EXISTING PONTO ROAD (PUBLIC)
PROPOSED PONTO ROAD (PUBLIC)
PORTION OF PROPOSED PVT. DRIVE 'B'
(NORTH OF P-31)
PROPOSED BEACH WAY (PRIVATE)
(FROM INTERSECTION OF PONTO RD TO PRIVATE BEACH WAY)
PROPOSED PVT. DRIVE AISLE 'E'
5
STREET SECTIONS
PREPARED BY:
HUNSAKER& ASSOCIATES OF
SHEET
16
SDP2022-0003 / CDP2022-0023
CITY OF CARLSBAD, CALIFORNIA
FPC RESIDENTIAL
SITE DEVELOPMENT PLAN
May 3, 2023 Item #4 Page 460 of 483
N O R T H S A N D I E G O C O U N T Y
T R A N S I T D E V E L O P M E N T
PONTO DR IVE
PONTO DRIVE
P O NTO RO AD
EXISTING PROJECT
BOUNDARY
EXISTING PROJECT
BOUNDARY
6
EXISTING CONDITIONS & UTILITIES
PREPARED BY:
HUNSAKER& ASSOCIATES OF
SHEET
16
SDP2022-0003 / CDP2022-0023
CITY OF CARLSBAD, CALIFORNIA
FPC RESIDENTIAL
SITE DEVELOPMENT PLAN
May 3, 2023 Item #4 Page 461 of 483
STOP
P -2 3
PROP. PROJECT
BOUNDARY
E X IST . P ONTO DR
P =4 5 .5 5FF=4 6 .0 5
P =4 1 .7 5FF=4 2 .2 5
P =4 0 .2 5FF=4 0 .7 5
P=41.35
FF=41.85
P=41.45
FF=41.95
P=44.05
FF=44.55
P=43.95
FF=44.45
P=44.15
FF=44.65
P =4 3 .6 5FF=4 4 .1 5
P =4 4 .5FF=4 5 .0
P=42.65
FF=43.15
P=42.5 5FF=43.05
OS-A
B L D G . 2 2
B L D G . 4
BLDG. 5
BLDG. 8
BLDG. 9
BLDG. 10
BLDG. 11
BLDG. 12
B L D G . 1 4
B L D G . 1 5
OS-A
P=42.15
FF=42.65
P =4 1.2 5FF=4 1 .7 5
P=43.95FF=44.45
P =43.05FF=4 3.55PVT
.
D
R
I
V
E
"
A
"
EXIST. PROJECT
BOUNDARY
P -0 1
P -0 2
C
-
0
3C
-
0
5
S
-
0
6
S
-
1
0
S
-
1
5S-16
S-18
H-19
P V T . D R I V E "B "
PVT. DRIVE "B"
P V T . D R I V E "C "
PVT. DR. AISLE "E"
S
-
1
2
S
-
1
3
C C E
B B
A A
F
F
P -2 4 P -2 5
P -2 2
P-26 P-27 P-28 P-29
BIKE L A N E
B I K E L A N E
E X I S T . P O NT O R D
B L D G . 2
BLDG. 6
B L D G . 3
P=41.5
FF=42.0
P=40.5
FF=41.0
P=40.0
FF=40.5
P=41.5
FF=42.0
P=40.5
FF=41.0
P=40.0
FF=40.5
BLDG. 7
P=41.5
FF=42.0
P=40.0FF=40.5
P=40.5
FF=41.0
P=40.85
FF=41.35
P=40.95
FF=41.45
P=43.55
FF=44.05
P=43.45
FF=43.90
P=43.65
FF=44.15
PVT. DR. AISLE "D"P-21
P-20
329'
3 1 '
1 8 4 '
1 5 '
155'
31'
151'
PVT. BEACH WAY
EXIST. PONTO DR
E L E V A T I O N 'B '
SHEET 4
SEE DETAIL C
SHEET 3
SEE DETAIL B
SEE DETAIL A
SHEET 3
SE
E
S
H
E
E
T
8
SEE SHEET 9
7
SITE PLAN
PREPARED BY:
HUNSAKER& ASSOCIATES OF
SHEET
16
SDP2022-0003 / CDP2022-0023
CITY OF CARLSBAD, CALIFORNIA
FPC RESIDENTIAL
SITE DEVELOPMENT PLAN
May 3, 2023 Item #4 Page 462 of 483
PROP. PROJECT
BOUNDARY
P =4 5 .9 5FF=4 6 .4 5
P =4 5 .5 5FF=4 6 .0 5
P =4 4 .8 5FF=4 5 .3 5
P =4 1 .75FF=4 2 .2 5
P=41.35
FF=41.85
P=41.45
FF=41.95
P=44.05
FF=44.55
P=43.95
FF=44.45
P=44.15
FF=44.65
P=44.05
FF=44.55
P =4 4 .5FF=4 5 .0
P=4 2.55FF=43.05
B L D G . 2 1
B L D G . 2 2 B L D G . 2 3
BLDG. 8
BLDG. 9
BLDG. 10
BLDG. 11
BLDG. 12
BLDG. 13
B L D G . 1 5
B L D G . 1
OS-B
OS-A
P=44.45FF=44.95
P =4 1 .25FF=4 1 .7 5
P=43.95FF=44.45
P =43.05FF=4 3.55P
V
T
.
DR
I
V
E
"
A
"
P -0 1
P -0 2
C
-
0
3C
-
0
5
S
-
0
6
S
-
1
0
S
-
1
5
PVT . D R I V E "B "
P V T . D R I V E "C "
PVT. DR. AISLE "E"
PVT. DRIVE "C"
S
-
1
2
S
-
1
3
E
A A
F
F
G
P -2 4 P -2 5
P-26 P-27 P -2 8 P-29 P -3 0 P -3 1
BIKE L A N E
E X I S T . P O NT O R D
G
B L D G . 2BLDG. 3
P=40.85
FF=41.35
P=40.95
FF=41.45
P=43.55
FF=44.05
P=43.45
FF=43.90
P=43.65
FF=44.15
HH
II
PVT. DR. AISLE "D"
8 5 4 '
215'
199'
329'
3 1 '
E L E V A T I O N 'A '
E L E V A T I O N 'A '
E L E V A T I O N 'B '
SEE DETAIL A
SHEET 3
PREPARED BY:
HUNSAKER& ASSOCIATES OF
SHEET
16
SDP2022-0003 / CDP2022-0023
CITY OF CARLSBAD, CALIFORNIA
FPC RESIDENTIAL
SITE DEVELOPMENT PLAN
SEE SHEET 10
SE
E
S
H
E
E
T
7
8
SITE PLAN
May 3, 2023 Item #4 Page 463 of 483
STOP
PROP. PROJECT
BOUNDARY
EX IST . P O N TO DR
B L D G . 1 6
B L D G . 1 7
B L D G . 1 8
B L D G . 1 9
P =4 5 .0FF=4 5 .5
P =4 3 .6 5FF=4 4 .1 5
P =4 4 .0FF=4 4 .5
P =4 4 .7 5FF=4 5 .2 5
P =4 5 .4 5FF=4 5 .9 5
P =4 5 .9 5FF=4 6 .4 5
P =4 5 .5 5FF=4 6 .0 5
P=41.35
FF=41.85
P=41.45
FF=41.95
P=44.05
FF=44.55
P=43.95
FF=44.45
P=44.15
FF=44.65
P =4 3 .6 5FF=4 4 .1 5
P =4 4 .5FF=4 5 .0
P=42.65
FF=43.15
N O R T H S A N D I E G O C O U N T Y
T R A N S I T D E V E L O P M E N T
OS-A
B L D G . 2 0
B L D G . 2 1
B L D G . 2 2
BLDG. 5
BLDG. 8
BLDG. 9
BLDG. 10
BLDG. 11
BLDG. 12
B L D G . 1 4
B L D G . 1 5
OS-A
P=42.15
FF=42.65
EXIST. PROJECT
BOUNDARY
P -0 1
P -0 2
C
-
0
3C
-
0
5
S
-
0
6
S
-
1
0
S
-
1
5S-16
S-18
H-19
PVT. DRIVE "B"
P V T . D R I V E "C "
PVT. DR. AISLE "E"
PVT. DRIVE "C"
S
-
1
2
S
-
1
3
C C
D
D
E
E
B B
F
F
BLDG. 6
J
S E E D E T A I L D - S H E E T 4
F O R O F F S I T E P R I V A T E S E W E R C O N N E C T I O N
P=41.5
FF=42.0
P=40.5
FF=41.0
P=40.0
FF=40.5
P=41.5
FF=42.0
P=40.5
FF=41.0
P=40.0
FF=40.5
BLDG. 7
P=41.5
FF=42.0
P=40.0FF=40.5
P=40.5
FF=41.0
P=40.85
FF=41.35
P=40.95
FF=41.45
P=43.55
FF=44.05
P=43.45
FF=43.90
P=43.65
FF=44.15
PVT. DR. AISLE "D"P-21
P-20
8 5 4 '
155'
31'
151'
91'
PVT. BEACH WAY
E L E V A T I O N 'B '
E L E V A T I O N 'A '
E L E V A T I O N 'B '
E L E V A T I O N 'A '
E L E V A T I O N 'A '
E L E V A T I O N 'B '
E L E V A T I O N 'B '
SEE DETAIL C
SHEET 4
SHEET 3
SEE DETAIL B
SEE DETAIL A
SHEET 3
9
SE
E
S
H
E
E
T
1
0
SITE PLAN
SEE SHEET 7
PREPARED BY:
HUNSAKER& ASSOCIATES OF
SHEET
16
SDP2022-0003 / CDP2022-0023
CITY OF CARLSBAD, CALIFORNIA
FPC RESIDENTIAL
SITE DEVELOPMENT PLAN
May 3, 2023 Item #4 Page 464 of 483
PROP. PROJECT
BOUNDARY
B L D G . 1 8
B L D G . 1 9
P =4 4 .0FF=4 4 .5
P =4 4 .7 5FF=4 5 .2 5
P =4 5 .4 5FF=4 5 .9 5
P =4 5 .9 5FF=4 6 .4 5
P =4 5 .5 5FF=4 6 .0 5
P =4 4 .8 5FF=4 5 .3 5
P=41.35
FF=41.85
P=41.45
FF=41.95
P=44.05
FF=44.55
P=43.95
FF=44.45
P=44.15
FF=44.65
P=44.05
FF=44.55
P =4 4 .5FF=4 5 .0
N O R T H S A N D I E G O C O U N T Y
T R A N S I T D E V E L O P M E N T
B L D G . 2 0
B L D G . 2 1
B L D G . 2 2 B L D G . 2 3
BLDG. 8
BLDG. 9
BLDG. 10
BLDG. 11
BLDG. 12
BLDG. 13
B L D G . 1 5
OS-B
OS-A
P -0 1
P -0 2
C
-
0
3C
-
0
5
S
-
0
6
S
-
1
0
S
-
1
5
P V T . D R I V E "C "
PVT. DR. AISLE "E"
PVT. DRIVE "C"
S
-
1
2
S
-
1
3
D
D
E
E
F
F
P=40.85
FF=41.35
P=40.95
FF=41.45
P=43.55
FF=44.05
P=43.45
FF=43.90
P=43.65
FF=44.15
II
PVT. DR. AISLE "D"
8 5 4 '
2 15'
199'
E L E V A T I O N 'B '
E L E V A T I O N 'A '
E L E V A T I O N 'A '
E L E V A T I O N 'A '
E L E V A T I O N 'B '
E L E V A T I O N 'B '
SEE DETAIL A
SHEET 3
10
SITE PLAN
SEE SHEET 8
SE
E
S
H
E
E
T
9
PREPARED BY:
HUNSAKER& ASSOCIATES OF
SHEET
16
SDP2022-0003 / CDP2022-0023
CITY OF CARLSBAD, CALIFORNIA
FPC RESIDENTIAL
SITE DEVELOPMENT PLAN
May 3, 2023 Item #4 Page 465 of 483
STOP
P -2 3
PROP. PROJECT
BOUNDARY
PROP. PROJECT
BOUNDARY
EXIST. PONTO DR
B L D G . 1 6
B L D G . 1 7
B L D G . 1 8
B L D G . 1 9
P =4 5 .0FF=4 5 .5
P =4 3 .6 5FF=4 4 .1 5
P =4 4 .0FF=4 4 .5
P =4 4 .7 5FF=4 5 .2 5
P =4 5 .4 5FF=4 5 .9 5
P =4 5 .9 5FF=4 6 .4 5
P =4 5 .5 5FF=4 6 .0 5
P =4 4 .8 5FF=4 5 .3 5
P =4 1 .7 5FF=4 2 .2 5
P =4 0 .2 5FF=4 0 .7 5
P=41.35
FF=41.85
P=41.45
FF=41.95
P=44.05
FF=44.55
P=43.95
FF=44.45
P=44.15
FF=44.65
P=44.05
FF=44.55
P =4 3 .6 5FF=4 4 .1 5
P =4 4 .5FF=4 5 .0
P=42.65
FF=43.15
P=42.55FF=43.05
N O R T H S A N D I E G O C O U N T Y
T R A N S I T D E V E L O P M E N T
OS-A
B L D G . 2 0
B L D G . 2 1
B L D G . 2 2 B L D G . 2 3
B L D G . 4
BLDG. 5
BLDG. 8
BLDG. 9
BLDG. 10
BLDG. 11
BLDG. 12
BLDG. 13
B L D G . 1 4
B L D G . 1 5
BLD G. 1
OS-B
OS-A
P=44.45FF=44.95
P=42.15
FF=42.65
P =4 1 .2 5FF=4 1 .7 5
P=43.95FF=44.45
P=43.05FF=43.55PVT. DRIVE "A"
EXIST. PROJECT
BOUNDARY
P -0 1
P -0 2
C
-
0
3C
-
0
5
S
-
0
6
S
-
1
0
S
-
1
5S-16
S-18
H-19
PVT. DRIVE "B"
PVT. DRIVE "B"
P V T . D R I V E "C "
PVT. DR. AISLE "E"
PVT. DRIVE "C"
S
-
1
2
S
-
1
3
P -2 4 P -2 5
P -2 2
P-26 P-27 P-28 P-29 P-30 P-31
BIKE LANE
B I K E L A N E
E X I S T . P O NTO RD
BLD G. 2
BLDG. 6
B L D G . 3
P=41.5
FF=42.0
P=40.5
FF=41.0
P=40.0
FF=40.5
P=41.5
FF=42.0
P=40.5
FF=41.0
P=40.0
FF=40.5
BLDG. 7
P=41.5
FF=42.0
P=40.0FF=40.5
P=40.5
FF=41.0
P=40.85
FF=41.35
P=40.95
FF=41.45
P=43.55
FF=44.05
P=43.45
FF=43.90
P=43.65
FF=44.15
PVT. DR. AISLE "D"P-21
P-20
8 5 4'
8 5 4 '
215'
199'
329'
3 1 '
1 8 4 '
1 5 '
155'
31'
151'
91'
PVT. BEACH WAY
EXIST. PONTO DR
E L E V A T I O N 'B '
E L E V A T I O N 'A '
E L E V A T I O N 'B '
E L E V A T I O N 'A '
E L E V A T I O N 'A '
E L E V A T I O N 'A '
E L E V A T I O N 'B '
E L E V A T I O N 'B '
11
PROPOSED AND EXISTING UTILITES
PREPARED BY:
HUNSAKER& ASSOCIATES OF
SHEET
16
SDP2022-0003 / CDP2022-0023
CITY OF CARLSBAD, CALIFORNIA
FPC RESIDENTIAL
SITE DEVELOPMENT PLAN
LEGEND
May 3, 2023 Item #4 Page 466 of 483
May 3, 2023 Item #4 Page 467 of 483
13
EXISTING BOUNDARY & ENCUMBRANCES
PREPARED BY:
HUNSAKER& ASSOCIATES OF
SHEET
16
SDP2022-0003 / CDP2022-0023
CITY OF CARLSBAD, CALIFORNIA
FPC RESIDENTIAL
SITE DEVELOPMENT PLAN
’”
’
’
’
’”’”’’
’
’
May 3, 2023 Item #4 Page 468 of 483
STOP
P -2 3
PROP. PROJECT
BOUNDARY
PROP. PROJECT
BOUNDARY
EXIST. PONTO DR
B L D G . 1 6
B L D G . 1 7
B L D G . 1 8
B L D G . 1 9
P =4 5 .0FF=4 5 .5
P =4 3 .6 5FF=4 4 .1 5
P =4 4 .0FF=4 4 .5
P =4 4 .7 5FF=4 5 .2 5
P =4 5 .4 5FF=4 5 .9 5
P =4 5 .9 5FF=4 6 .4 5
P =4 5 .5 5FF=4 6 .0 5
P =4 4 .8 5FF=4 5 .3 5
P =4 1 .7 5FF=4 2 .2 5
P =4 0 .2 5FF=4 0 .7 5
P=41.35
FF=41.85
P=41.45
FF=41.95
P=44.05
FF=44.55
P=43.95
FF=44.45
P=44.15
FF=44.65
P=44.05
FF=44.55
P =4 3 .6 5FF=4 4 .1 5
P =4 4 .5FF=4 5 .0
P=42.65
FF=43.15
P=42.55FF=43.05
N O R T H S A N D I E G O C O U N T Y
T R A N S I T D E V E L O P M E N T
OS-A
B L D G . 2 0
B L D G . 2 1
B L D G . 2 2 B L D G . 2 3
B L D G . 4
BLDG. 5
BLDG. 8
BLDG. 9
BLDG. 10
BLDG. 11
BLDG. 12
BLDG. 13
B L D G . 1 4
B L D G . 1 5
BLD G . 1
OS-B
OS-A
P=44.45FF=44.95
P=42.15
FF=42.65
P =4 1 .2 5FF=4 1 .7 5
P=43.95FF=44.45
P=43.05FF=43.55P
V
T
. DRIVE "A"
EXIST. PROJECT
BOUNDARY
P -0 1
P -0 2
C
-
0
3C
-
0
5
S
-
0
6
S
-
1
0
S
-
1
5S-16
S-18
H-19
PVT. DRIVE "B"
PVT. DRIVE "B"
P V T . D R I V E "C "
PVT. DR. AISLE "E"
PVT. DRIVE "C"
S
-
1
2
S
-
1
3
P -2 4 P -25
P -2 2
P-26 P-27 P-28 P-29 P-30 P-31
BIKE LA NE
B I K E L A N E
E X I ST. PONTO RD
BL DG . 2
BLDG. 6
B L D G . 3
P=41.5
FF=42.0
P=40.5
FF=41.0
P=40.0
FF=40.5
P=41.5
FF=42.0
P=40.5
FF=41.0
P=40.0
FF=40.5
BLDG. 7
P=41.5
FF=42.0
P=40.0FF=40.5
P=40.5
FF=41.0
P=40.85
FF=41.35
P=40.95
FF=41.45
P=43.55
FF=44.05
P=43.45
FF=43.90
P=43.65
FF=44.15
PVT. DR. AISLE "D"P-21
P-20
8 5 4 '
8 5 4 '
215'
199'
329'
3 1'
1 8 4 '
1 5'
155'
31'
151'
91'
PVT. BEACH WAY
EXIST. PONTO DR
E L E V A T I O N 'B '
E L E V A T I O N 'A '
E L E V A T I O N 'B '
E L E V A T I O N 'A '
E L E V A T I O N 'A '
E L E V A T I O N 'A '
E L E V A T I O N 'B '
E L E V A T I O N 'B '
14
ACCESSIBILITY ROUTELEGEND
PROPOSED ACCESSIBLE ROUTE PREPARED BY:
HUNSAKER& ASSOCIATES OF
SHEET
16
SDP2022-0003 / CDP2022-0023
CITY OF CARLSBAD, CALIFORNIA
FPC RESIDENTIAL
SITE DEVELOPMENT PLAN
May 3, 2023 Item #4 Page 469 of 483
STOP
P -2 3
PROP. PROJECT
BOUNDARY
PROP. PROJECT
BOUNDARY
EXIST. PONTO DR
B L D G . 1 6
B L D G . 1 7
B L D G . 1 8
B L D G . 1 9
P =4 5 .0FF=4 5 .5
P =4 3 .6 5FF=4 4 .1 5
P =4 4 .0FF=4 4 .5
P =4 4 .7 5FF=4 5 .2 5
P =4 5 .4 5FF=4 5 .9 5
P =4 5 .9 5FF=4 6 .4 5
P =4 5 .5 5FF=4 6 .0 5
P =4 4 .8 5FF=4 5 .3 5
P =4 1 .7 5FF=4 2 .2 5
P =4 0 .2 5FF=4 0 .7 5
P=41.35
FF=41.85
P=41.45
FF=41.95
P=44.05
FF=44.55
P=43.95
FF=44.45
P=44.15
FF=44.65
P=44.05
FF=44.55
P =4 3 .6 5FF=4 4 .1 5
P =4 4 .5FF=4 5 .0
P=42.65
FF=43.15
P=42.55FF=43.05
N O R T H S A N D I E G O C O U N T Y
T R A N S I T D E V E L O P M E N T
OS-A
B L D G . 2 0
B L D G . 2 1
B L D G . 2 2 B L D G . 2 3
B L D G . 4
BLDG. 5
BLDG. 8
BLDG. 9
BLDG. 10
BLDG. 11
BLDG. 12
BLDG. 13
B L D G . 1 4
B L D G . 1 5
BLD G . 1
OS-B
OS-A
P=44.45FF=44.95
P=42.15
FF=42.65
P =4 1 .2 5FF=4 1 .7 5
P=43.95FF=44.45
P=43.05FF=43.55P
V
T
. DRIVE "A"
EXIST. PROJECT
BOUNDARY
P -0 1
P -0 2
C
-
0
3C
-
0
5
S
-
0
6
S
-
1
0
S
-
1
5S-16
S-18
H-19
PVT. DRIVE "B"
PVT. DRIVE "B"
P V T . D R I V E "C "
PVT. DR. AISLE "E"
PVT. DRIVE "C"
S
-
1
2
S
-
1
3
P -2 4 P -25
P -2 2
P-26 P-27 P-28 P-29 P-30 P-31
BIKE LA NE
B I K E L A N E
E X I ST. PONTO RD
BL DG . 2
BLDG. 6
B L D G . 3
P=41.5
FF=42.0
P=40.5
FF=41.0
P=40.0
FF=40.5
P=41.5
FF=42.0
P=40.5
FF=41.0
P=40.0
FF=40.5
BLDG. 7
P=41.5
FF=42.0
P=40.0FF=40.5
P=40.5
FF=41.0
P=40.85
FF=41.35
P=40.95
FF=41.45
P=43.55
FF=44.05
P=43.45
FF=43.90
P=43.65
FF=44.15
PVT. DR. AISLE "D"P-21
P-20
8 5 4 '
8 5 4 '
215'
199'
329'
3 1'
1 8 4 '
1 5'
155'
31'
151'
91'
PVT. BEACH WAY
EXIST. PONTO DR
E L E V A T I O N 'B '
E L E V A T I O N 'A '
E L E V A T I O N 'B '
E L E V A T I O N 'A '
E L E V A T I O N 'A '
E L E V A T I O N 'A '
E L E V A T I O N 'B '
E L E V A T I O N 'B '
15
FIRE EXHIBIT
FIRE TRUCK
PREPARED BY:
HUNSAKER& ASSOCIATES OF
SHEET
16
SDP2022-0003 / CDP2022-0023
CITY OF CARLSBAD, CALIFORNIA
FPC RESIDENTIAL
SITE DEVELOPMENT PLAN
PROPOSED FIRE HYDRANT
PROPOSED FIRE WATER LINE
WIDTH: 8.5 FTTRACK: 8.5 FT
LOCK TO LOCK TIME: 6.00 SEC.
STEERING ANGLE: 33.3 DEG.
PATH
FRONT TIRES
VEHICLE BODY
218.3
43
LEGEND
EXISTING FIRE HYDRANT
May 3, 2023 Item #4 Page 470 of 483
May 3, 2023 Item #4 Page 471 of 483
STOP
(;,STPO1TO'5
P
........
P ))
P
))
P
))
P
))
P
))
OS$
%/'*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/'*
OS$
P ))
P
9
T
'
5
,
9
(
$
P9
T
'
5
,
9
(
%
(;,STPO1TO5'
%/'*
%/'*
P
))
P
))
P
))
P
))
P
))
P
))
%/
'
*
P
))
P
))
P
))
P
))
P
))
P
))
P9
T
'
5
$
,
S
/
(
'
(;
,
S
T
P
O
1
T
O
'
5
FPC RESIDENTIAL CARLSBAD, CA DATE: 1/12/2023
GMP JOB#: 22-001
SHEET OF 12
HG FENTON COMPANY
LANDSCAPE
ARCHITECTURE
& PLANNING
gmplandarch.com
T 858 558 8977
3176 Lionshead Ave.
Suite 102
Carlsbad, CA 92010
%/'*
%/'*
%/'*
%/'*
OS$
%/'*
%/'*
%/'*
%/'*
%/'*
%/'*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/'*
%/'*
%/'*
%/'*
OS%
OS$
KEYMAP
SDP 2022-0003/CDP2022-0023 (DEV2022-0048)
L-01
01
LANDSCAPE CONCEPT PLAN
SITE
May 3, 2023 Item #4 Page 472 of 483
P
))
P
))
P
))
P
))
P
))
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/'*
P
))
P
))
P
))
P9T'5,9(%
P9
T
'
5
$
,
S
/
(
(
P9
T
'
5
,
9
(
&
%/'*
P
))
P
))
P
))
FPC RESIDENTIAL CARLSBAD, CA DATE: 1/12/2023
GMP JOB#: 22-001
SHEET OF 12
HG FENTON COMPANY
LANDSCAPE
ARCHITECTURE
& PLANNING
gmplandarch.com
T 858 558 8977
3176 Lionshead Ave.
Suite 102
Carlsbad, CA 92010
%/'*
%/'*
%/'*
%/'*
OS$
%/'*
%/'*
%/'*
%/'*
%/'*
%/'*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/'*
%/'*
%/'*
%/'*
OS%
OS$
KEYMAP
SDP 2022-0003/CDP2022-0023 (DEV2022-0048)
L-02
02
LANDSCAPE CONCEPT PLAN
May 3, 2023 Item #4 Page 473 of 483
STOP
(;,STPO1TO'5
%/'*
%/'*
%/'*
%/'*
P ))
P
))
P ))
P
))
P
))
P
))
P ))
P
))
1O5T+
S
$
1
'
,
(
*
O
&
O
8
1
T
<
T5$1
S
,
T
'
(
9
(
/
O
P
0
(
1
T
OS$
%/'*
%/'*
%/'*
P
))
P9
T
'
5
,
9
(
%
P9T'
5
,
9
(
&
%/
'
*
P
))
P
))
P
))
P9
T
%
(
$
&
+
:
$
<
(/(9$
T
,
O
1
%
(/(9$
T
,
O
1
$
(/(9$
T
,
O
1
%
(/(9$
T
,
O
1
$
(/(9$
T
,
O
1
%
FPC RESIDENTIAL CARLSBAD, CA DATE: 1/12/2023
GMP JOB#: 22-001
SHEET OF 12
HG FENTON COMPANY
LANDSCAPE
ARCHITECTURE
& PLANNING
gmplandarch.com
T 858 558 8977
3176 Lionshead Ave.
Suite 102
Carlsbad, CA 92010
%/'*
%/'*
%/'*
%/'*
OS$
%/'*
%/'*
%/'*
%/'*
%/'*
%/'*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/'*
%/'*
%/'*
%/'*
OS%
OS$
KEYMAP
SDP 2022-0003/CDP2022-0023 (DEV2022-0048)
L-03
03
LANDSCAPE CONCEPT PLAN
May 3, 2023 Item #4 Page 474 of 483
P
))
P
))
P
))
P
))
P
))
P
))
P
))
1O5T+
S
$
1
'
,
(
*
O
&
O
8
1
T
<
T5$1S
,
T
'
(
9
(
/
O
P
0
(
1
T
%/'*
%/'*
%/'*
%/'*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
OS%
P9
T
'
5
$
,
S
/
(
(
P9
T
'
5
,
9
(
&
(/(9$
T
,
O
1
$
(/(9$
T
,
O
1
$
(/(9$
T
,
O
1
%
(/(9$
T
,
O
1
%
X
X
X
X
XX
XX XX XX XX XX XX XX
X
X
X
X
X
X
X
X
XX
XX
XX
XX
XX
BE
N
C
H
BEN
C
H
BENCH
FPC RESIDENTIAL CARLSBAD, CA DATE: 1/12/2023
GMP JOB#: 22-001
SHEET OF 12
HG FENTON COMPANY
LANDSCAPE
ARCHITECTURE
& PLANNING
gmplandarch.com
T 858 558 8977
3176 Lionshead Ave.
Suite 102
Carlsbad, CA 92010
%/'*
%/'*
%/'*
%/'*
OS$
%/'*
%/'*
%/'*
%/'*
%/'*
%/'*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/'*
%/'*
%/'*
%/'*
OS%
OS$
KEYMAP
SDP 2022-0003/CDP2022-0023 (DEV2022-0048)
L-04
04
LANDSCAPE CONCEPT PLAN
May 3, 2023 Item #4 Page 475 of 483
P
))
P
))
P9
T
'
5
,
9
(
$
P9T'5,9(%
%/'*
P
))
%/
'
*
OS$
P
))
P9
T
'
5
$
,
S
/
(
'
P ))
OS$
%/'*
%/'*
P9T'
5
,
9
(
&
P
P
L-05
05
FPC RESIDENTIAL CARLSBAD, CA DATE: 1/12/2023
GMP JOB#: 22-001
SHEET OF 12
HG FENTON COMPANY
LANDSCAPE
ARCHITECTURE
& PLANNING
gmplandarch.com
T 858 558 8977
3176 Lionshead Ave.
Suite 102
Carlsbad, CA 92010
SDP 2022-0003/CDP2022-0023 (DEV2022-0048)
LANDSCAPE CONCEPT ENLARGEMENTS
May 3, 2023 Item #4 Page 476 of 483
%/'*%/'*
P
))
(/(9$T,O1
%
(/(9$T,O1
$
P
))
%/'*
OS%
P9
T
'
5
,
9
(
&
(/(9$
T
,
O
1
$
X
X
X
X
XX
XX XX XX XX XX XX XX
X
X
X
X
X
X
X
X
XX
XX
XX
XX
XX
B
E
N
C
H
BEN
C
H
BENCH
FPC RESIDENTIAL CARLSBAD, CA DATE: 1/12/2023
GMP JOB#: 22-001
SHEET OF 12
HG FENTON COMPANY
LANDSCAPE
ARCHITECTURE
& PLANNING
gmplandarch.com
T 858 558 8977
3176 Lionshead Ave.
Suite 102
Carlsbad, CA 92010
SDP 2022-0003/CDP2022-0023 (DEV2022-0048)
L-06
06
LANDSCAPE CONCEPT ENLARGEMENTS
May 3, 2023 Item #4 Page 477 of 483
STOP
(;,STPO1TO'5
%/'*
%/'*
%/'*
%/'*
P ))
P
))
P ))
P
))
P
))
P
))
P
))
P
))
P ))
P ))
P
))
P
))
P
))
P
))
P
))
P
))
P
))
P ))
P
))
P
))
1O5T+
S
$
1
'
,
(
*
O
&
O
8
1
T
<
T5$1S
,
T
'
(
9
(
/
O
P
0
(
1
T
OS$
%/'*
%/'*
%/'*
%/'*
%/'*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/'*
%/'*
%/'*
OS%
OS$
P
))
P
))
P ))
P
))
P
)) P9
T
'
5
,
9
(
$
P9T'5,9(%
P9
T
'
5
,
9
(
%
P9T'
5
,
9
(
&
P9
T
'
5
$
,
S
/
(
(
P9
T
'
5
,
9
(
&
(;,STPO1TO5'
%/'*
%/
'
*
%/'*
P
))
P
))
P
))
P
))
P
))
P
))
%/
'
*
P
))
P
))
P
))
P
))
P
))
P
))
P
))
P
))
P9
T
'
5
$
,
S
/
(
'
P9
T
%
(
$
&
+
:
$
<
(;
,
S
T
P
O
1
T
O
'
5
(/(9$
T
,
O
1
%
(/(9$
T
,
O
1
$
(/(9$
T
,
O
1
%
(/(9$
T
,
O
1
$
(/(9$
T
,
O
1
$
(/(9$
T
,
O
1
$
(/(9$
T
,
O
1
%
(/(9$
T
,
O
1
%
X
X
X
X
XX
XX XX XX XX XX XX XX
X
X
X
X
X
X
X
X
XX
XX XX
XX XX XX
X
X
X
X X X X X X X X X X X X
X
X
X
X
X
X X X X X X X X
XX XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
XXXX
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
XX
X X X X X X X
XX XX XX XX XX
FPC RESIDENTIAL CARLSBAD, CA DATE: 1/12/2023
GMP JOB#: 22-001
SHEET OF 12
HG FENTON COMPANY
LANDSCAPE
ARCHITECTURE
& PLANNING
gmplandarch.com
T 858 558 8977
3176 Lionshead Ave.
Suite 102
Carlsbad, CA 92010
SDP 2022-0003/CDP2022-0023 (DEV2022-0048)
L-07
07
FENCE AND WALLS PLAN
May 3, 2023 Item #4 Page 478 of 483
FPC RESIDENTIAL CARLSBAD, CA DATE: 1/12/2023
GMP JOB#: 22-001
SHEET OF 12
HG FENTON COMPANY
LANDSCAPE
ARCHITECTURE
& PLANNING
gmplandarch.com
T 858 558 8977
3176 Lionshead Ave.
Suite 102
Carlsbad, CA 92010
SDP 2022-0003/CDP2022-0023 (DEV2022-0048)
L-08
08
FENCE AND WALLS ELEVATIONS
May 3, 2023 Item #4 Page 479 of 483
STOP
(;,STPO1TO'5
P ))
P
))
P ))
P
))
P
))
P
))
P
))
P
))
P ))
P ))
P
))
P
))
P
))
P
))
P
))
P
))
P
))
P ))
P
))
P
))
1O5T+
S
$
1
'
,
(
*
O
&
O
8
1
T
<
T5$1S
,
T
'
(
9
(
/
O
P
0
(
1
T
P5O-(&T%O81'$5<
&855(1T
P5OP(5T</,1(S
&855(1T
P5OP(5T<
/,1(S
P5O-(&T
%O81'$5<
P5O-(&T
%O81'$5<
%/'*
%/'*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/'*
%/'*
%/'*
%/'*
%/'*
%/'*
%/'*
%/'*
%/'*
%/'*
%/'*
%/'*
P
))
P
))
P ))
P
))
P
)) P9
T
'
5
,
9
(
$
P9T'5,9(%
P9
T
'
5
,
9
(
%
P9T'
5
,
9
(
&
P9
T
'
5
$
,
S
/
(
(
P9
T
'
5
,
9
(
&
(;,STPO1TO5'
P
))
P
))
P
))
P
))
P
))
P
))
P
))
P
))
P
))
P
))
P
))
P
))
P
))
P
))
P9
T
'
5
$
,
S
/
(
'
P9
T
%
(
$
&
+
:
$
<
(;
,
S
T
P
O
1
T
O
'
5
X
X
XX XX XX XX
X
X
X
X
XX
XX
FPC RESIDENTIAL CARLSBAD, CA DATE: 1/12/2023
GMP JOB#: 22-001
SHEET OF 12
HG FENTON COMPANY
LANDSCAPE
ARCHITECTURE
& PLANNING
gmplandarch.com
T 858 558 8977
3176 Lionshead Ave.
Suite 102
Carlsbad, CA 92010
SDP 2022-0003/CDP2022-0023 (DEV2022-0048)
L-09
09
MAINTENANCE PLAN
May 3, 2023 Item #4 Page 480 of 483
STOP
P5OPP5O-(&T
%O81'$5<
P5OPP5O-(&T
%O81'$5<
(;,STPO1TO'5
%/'*
%/'*
%/'*
%/'*
P ))
P
))
P ))
P
))
P
))
P
))
P
))
P
))
P ))
P ))
P
))
P
))
P
))
P
))
P
))
P
))
P
))
P ))
P
))
P
))
1O5T+
S
$
1
'
,
(
*
O
&
O
8
1
T
<
T5$1S
,
T
'
(
9
(
/
O
P
0
(
1
T
OS$
%/'*
%/'*
%/'*
%/'*
%/'*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/'*
%/'*
%/'*
OS%
OS$
P
))
P
))
P ))
P
))
P
)) P9
T
'
5
,
9
(
$
(;,STP5O-(&T
%O81'$5<
P9T'5,9(%
P9
T
'
5
,
9
(
%
P9T'
5
,
9
(
&
P9
T
'
5
$
,
S
/
(
(
P9
T
'
5
,
9
(
&
(;,STPO1TO5'
%/'*
%/
'
*
%/'*
P
))
P
))
P
))
P
))
P
))
P
))
%/
'
*
P
))
P
))
P
))
P
))
P
))
P
))
P
))
P
))
P9
T
'
5
$
,
S
/
(
'
P9
T
%
(
$
&
+
:
$
<
(;
,
S
T
P
O
1
T
O
'
5
(/(9$
T
,
O
1
%
(/(9$
T
,
O
1
$
(/(9$
T
,
O
1
%
(/(9$
T
,
O
1
$
(/(9$
T
,
O
1
$
(/(9$
T
,
O
1
$
(/(9$
T
,
O
1
%
(/(9$
T
,
O
1
%
X
X
XX XX XX XX
X
X
X
X
XX
XX
BE
N
C
H
BEN
C
H
BENCH
STOP
P5OPP5O-(&T
%O81'$5<
P5OPP5O-(&T
%O81'$5<
(;,STPO1TO'5
%/'*
%/'*
%/'*
%/'*
P ))
P
))
P ))
P
))
P
))
P
))
P
))
P
))
P ))
P ))
P
))
P
))
P
))
P
))
P
))
P
))
P
))
P ))
P
))
P
))
1O5T+
S
$
1
'
,
(
*
O
&
O
8
1
T
<
T5$1S
,
T
'
(
9
(
/
O
P
0
(
1
T
OS$
%/'*
%/'*
%/'*
%/'*
%/'*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/'*
%/'*
%/'*
OS%
OS$
P
))
P
))
P ))
P
))
P
)) P9
T
'
5
,
9
(
$
(;,STP5O-(&T
%O81'$5<
P9T'5,9(%
P9
T
'
5
,
9
(
%
P9T'
5
,
9
(
&
P9
T
'
5
$
,
S
/
(
(
P9
T
'
5
,
9
(
&
(;,STPO1TO5'
%/'*
%/
'
*
%/'*
P
))
P
))
P
))
P
))
P
))
P
))
%/
'
*
P
))
P
))
P
))
P
))
P
))
P
))
P
))
P
))
P9
T
'
5
$
,
S
/
(
'
P9
T
%
(
$
&
+
:
$
<
(;
,
S
T
P
O
1
T
O
'
5
(/(9$
T
,
O
1
%
(/(9$
T
,
O
1
$
(/(9$
T
,
O
1
%
(/(9$
T
,
O
1
$
(/(9$
T
,
O
1
$
(/(9$
T
,
O
1
$
(/(9$
T
,
O
1
%
(/(9$
T
,
O
1
%
X
X
XX XX XX XX
X
X
X
X
XX
XXGGGG
G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G
OH
RW
W
G
SD
FPC RESIDENTIAL CARLSBAD, CA DATE: 1/12/2023
GMP JOB#: 22-001
SHEET OF 12
HG FENTON COMPANY
LANDSCAPE
ARCHITECTURE
& PLANNING
gmplandarch.com
T 858 558 8977
3176 Lionshead Ave.
Suite 102
Carlsbad, CA 92010
SDP 2022-0003/CDP2022-0023 (DEV2022-0048)
UTILITY CONFLICT PLAN
L-10
10
UTILITY CONFLICT PLAN
May 3, 2023 Item #4 Page 481 of 483
STOP
(;,STPO1TO'5
%/'*
%/'*
%/'*
%/'*
P ))
P
))
P ))
P
))
P
))
P
))
P
))
P
))
P ))
P ))
P
))
P
))
P
))
P
))
P
))
P
))
P
))
P ))
P
))
P
))
1O5T+
S
$
1
'
,
(
*
O
&
O
8
1
T
<
T5$1S
,
T
'
(
9
(
/
O
P
0
(
1
T
OS$
%/'*
%/'*
%/'*
%/'*
%/'*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/'*
%/'*
%/'*
OS%
OS$
P
))
P
))
P ))
P
))
P
)) P9
T
'
5
,
9
(
$
P9T'5,9(%
P9
T
'
5
,
9
(
%
P9T'
5
,
9
(
&
P9
T
'
5
$
,
S
/
(
(
P9
T
'
5
,
9
(
&
(;,STPO1TO5'
%/'*
%/
'
*
%/'*
P
))
P
))
P
))
P
))
P
))
P
))
%/
'
*
P
))
P
))
P
))
P
))
P
))
P
))
P
))
P
))
P9
T
'
5
$
,
S
/
(
'
P9
T
%
(
$
&
+
:
$
<
(;
,
S
T
P
O
1
T
O
'
5
(/(9$
T
,
O
1
%
(/(9$
T
,
O
1
$
(/(9$
T
,
O
1
%
(/(9$
T
,
O
1
$
(/(9$
T
,
O
1
$
(/(9$
T
,
O
1
$
(/(9$
T
,
O
1
%
(/(9$
T
,
O
1
%
X
X
X
X
XX XX XX XX XX
X
X
X
X
X
X
XX
XX XX
XX
FPC RESIDENTIAL CARLSBAD, CA DATE: 1/12/2023
GMP JOB#: 22-001
SHEET OF 12
HG FENTON COMPANY
LANDSCAPE
ARCHITECTURE
& PLANNING
gmplandarch.com
T 858 558 8977
3176 Lionshead Ave.
Suite 102
Carlsbad, CA 92010
SDP 2022-0003/CDP2022-0023 (DEV2022-0048)
L-11
11
WATER CONSERVATION PLAN
May 3, 2023 Item #4 Page 482 of 483
STOP
(;,STPO1TO'5
%/'*
%/'*
%/'*
%/'*
P ))
P
))
P ))
P
))
P
))
P
))
P
))
P
))
P ))
P ))
P
))
P
))
P
))
P
))
P
))
P
))
P
))
P ))
P
))
P
))
1O5T+
S
$
1
'
,
(
*
O
&
O
8
1
T
<
T5$1S
,
T
'
(
9
(
/
O
P
0
(
1
T
OS$
%/'*
%/'*
%/'*
%/'*
%/'*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/
'
*
%/'*
%/'*
%/'*
OS%
OS$
P
))
P
))
P ))
P
))
P
)) P9
T
'
5
,
9
(
$
P9T'5,9(%
P9
T
'
5
,
9
(
%
P9T'
5
,
9
(
&
P9
T
'
5
$
,
S
/
(
(
P9
T
'
5
,
9
(
&
(;,STPO1TO5'
%/'*
%/
'
*
%/'*
P
))
P
))
P
))
P
))
P
))
P
))
%/
'
*
P
))
P
))
P
))
P
))
P
))
P
))
P
))
P
))
P9
T
'
5
$
,
S
/
(
'
P9
T
%
(
$
&
+
:
$
<
(;
,
S
T
P
O
1
T
O
'
5
(/(9$
T
,
O
1
%
(/(9$
T
,
O
1
$
(/(9$
T
,
O
1
%
(/(9$
T
,
O
1
$
(/(9$
T
,
O
1
$
(/(9$
T
,
O
1
$
(/(9$
T
,
O
1
%
(/(9$
T
,
O
1
%
X
X
XX XX XX XX
X
X
X
X
XX
XX
FPC RESIDENTIAL CARLSBAD, CA DATE: 1/12/2023
GMP JOB#: 22-001
SHEET OF 12
HG FENTON COMPANY
LANDSCAPE
ARCHITECTURE
& PLANNING
gmplandarch.com
T 858 558 8977
3176 Lionshead Ave.
Suite 102
Carlsbad, CA 92010
SDP 2022-0003/CDP2022-0023 (DEV2022-0048)
WATER USE PLAN
L-12
12
May 3, 2023 Item #4 Page 483 of 483