Carlsbad City Council
September 29, 2026

c. Tentative Map (CT)
TliE:!'cftyCounci} Will be the decision-making authority on the SOP, PUD, and CT . . ~ "'' ~,·• .. ,t ,'1; '-~ '.'

3. The Housing Crisis Act of 2019 {SB 330) established a preliminary streamline application process for housing projects. It is not mandatory unless applicants seek the vesting and processing benefits offered under SB 330. Participation in the SB 330 streamline process would occur first, followed by the formal development application process required under Government Code (Gov. Code)§§ 65940, 65941, 65941.5, and Carlsbad Municipal Code (CMC) § 21.42.050. Acceptance by the city of a complete SB 330 Streamline Application (Form P-32) and fee will vest the project for 180 days in accordance with the ordinances, policies and standards in effect at the time the SB 330 Application is accepted.

4. New requirements related to the city's goals to reduce greenhouse gas (GHG) emissions will likely impact development requirements of this project. A formal application submittal will need to include a completed Climate Action Plan Checklist (Form P-30) to determine what requirements will apply to the project. New GHG reduction requirements are related to energy efficiency, photovoltaic, electric vehicle charging, water heating and traffic demand management requirements, as set forth in the California Green Building Standards Code and in Carlsbad Municipal Code Chapters 18.21, 18.30 and

18.51 which is available on the city's website at the following address:
http://www.qcode.us/codes/car1sbad/view.php?topic=18&frames=on To the extent that new GHG reduction requirements are in effect at the time of application for grading or building permits, the project will be required to comply with the effective requirements even if different than what is proposed in the project's planning approvals. GHG reduction requirements may impact, but are not limited to, site design and local building code requirements. If incorporating new GHG reduction requirements results in substantial modifications to the project after planning approvals are obtained, then prior to issuance of grading or building permits, the applicant may be required to submit and receive approval of a Consistency Determination or an Amendment application for the project through the Planning Division.

5. Technical Studies/Exhibits. A formal submittal of this project shall include the following technical studies/exhibits:
a. Phase 1 Environmental Site Assessment (ESA). Please submit a Phase 1 ESA of the project site.

If the findings of a Phase 1 ESA require preparation of a Phase 2 or a limited Phase 2 ESA, · please also submit these additional reports as part of the initial submittal. The report(s) should consider the proposed project site's previous and adjacent uses. b. Noise Study. Please submit a noise study with a formal application prepared in accordance with the requirements outlined in the City of Carlsbad's General Plan Noise Element and Noise Guidelines Manual.

The City's General Plan Noise Element may be found online at:

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https://www.carlsbadca.gov/home/showpublisheddocument/3426/637434861102600000 The City's Noise Guidelines Manual may be found online at:
https:ljwww .ca rlsbadca .gov /home/showpubl isheddocument/238/637 42597 4092370000 c. Cultural and Paleontological Resources Studies. The development of the proposed project will require excavation in an area of the city known to have a high sensitivity as it relates to (1) archeological, and (2) paleontological resources. Please direct your consultant to the city's Tribal, Cultural and Paleontological Resources Guidelines. Please note that any archeological pedestrian survey of the site for the cultural resources study shall also include a Native American monitor during the survey. The city's Tribal, Cultural and Paleontological Resources Guidelines may be found on the city's website at:
https://www .ca rlsbadca .gov /home/showpublisheddocument/254/637 425976516870000 d. Historical Analysis. The existing buildings on the project site appear to be built over 45 years ago. The development of the proposed project will require demolition in an area of the city known to have a high sensitivity as it relates to architectural history. To determine if the structures are significant pursuant to the California Environmental Quality Act (CEQA), a historical analysis report will need to be submitted, or provide documentation that the structures are less than 45 years old. This report shall also be consistent with the city's Tribal, Cultural, and Paleontological Resources Guidelines as discussed above.

6. Landscaping. Prior to a formal submittal of the project, conceptual landscape exhibits shall be prepared in accordance with the General Requirements listed in Section 3 of the City of Carlsbad Landscape Manual. All relevant information pertaining to the landscaping requirements and physical barriers such as walls or fences must be plotted, labeled, dimensioned with the material detailed within the exhibits. The Landscape Manual may be obtained at the Planning Division front counter or found online at:
https://www.carlsbadca.gov/home/showdocument?id=7032

7. lnclusionary Housing. The project is subject to the City's lnclusionary Housing Ordinance, CMC Chapter

21.85. Please see the informational bulletin (1B-157) linked below. https://www,carlsbadca.gov/home/showpublisheddocument/9634/637897580094270000

8. Proposed Land Use. A mixed-use building containing residential, and retail is permitted within the VC District per the VBMP, Table 2-1. For an exhaustive list of uses permitted, conditionally permitted, and/or prohibited in the VC District, please consult Table 2-1 beginning on page 2-6 of the VBMP. For an exhaustive list of expressly prohibited uses, please see Table 2-1 on page 2-8.

9. This project is subject to the Chapter 2.6 Area-Wide Standards of the VBMP beginning on page 2-12, which include but are not limited to the following standards.

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a. Chapter 2.6.l(A) Ingress and Egress. The driveway apron shall not exceed 20-feet in width.

To support the density bonus waiver to increase the driveway width from 20 feet to 22 feet, please provide written justification from a licensed traffic engineer that the driveway increase will not result in a health/safety impact.
b. Chapter 2.6.l(A) Ingress and Egress. A clear zone shall be provided at the intersection of a street and an alley or driveway to maintain a free line of sight. The clear zone shall consist of an isosceles right triangle measured 7.5 feet in both directions from the intersection of the two property lines. The clear zone shall not be occupied by a ground floor building footprint, site features taller than 36-inches, or landscaping that is taller than 30-inches. c. Chapter 2.6.2(Cl Placement and Orientation. Roof Protrusions - All roof structures, including protrusions such as equipment housing and guardrails; parapets and equipment screening; architectural features such as decorative or accent elements and towers; flagpoles; and roof decks and their amenities, shall complement and be consistent with the design of the building.

No roof structure shall be taller than the minimum height needed to accommodate, screen, or enclose the intended use. Roof structures specifically for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain a building; flagpoles, chimneys, smokestacks, wireless masts and similar structures: Up to 10 feet above maximum height.
d. Chapter 2.6.3(A) Building Elements. Window Glazing-45 percent minimum glazing of ground­ floor facade for retail uses adjacent to a public street. Facade measured from plate height to finish floor. The bottom of any window or product display window shall not be more than 3.5 feet above the adjacent sidewalk. Transparent or translucent glazing is required on the ground-floor facade of a commercial or retail use facing a public street. Opaque, reflective, or dark tinted glass is not permitted.

10. This project is subject to the Chapter 2.7.1- Village Center (VC) Supplemental District Standards of the VBMP beginning on page 2-36, which include but are not limited to the following standards. a. Chapter 2.7.l(E) Open Space. Sheet 2 of the plans provided indicates that 12 of the dwelling units proposed will only have 36 square feet of private open space. 2.7 .l(E)(2) requires private residential open space to be provided at a minimum of 60 square feet per unit with a minimum dimension of 6 feet in any direction. With a formal submittal, please dimension the open space areas and provide a line-item calculation of the open space areas to confirm this requirement is met.
b. Chapter 2.7.l(F) Service and Delivery Areas. Identify where the service and loading area will be.
c. Chapter 2.7.l(G) Building Height. The maximum building height is 45 feet and 4 stories. A maximum of 30 percent of the fourth story street facing facade can have a 0-foot setback (as measured from the property line). The remaining 70 percent shall be set back a minimum of 10 feet (as measured from the property line). The total square footage of enclosed fourth Sept. 29, 2026
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floor space shall not exceed 80 percent of the largest enclosed floor space below (floors one, two, or three). However, in no case shall the fourth floor enclosed space exceed the amount of third floor enclosed space.

To support the density bonus waivers to increase the building height, increase the percent of the fourth floor allowed a 0-foot setback, and increase the fourth floor enclosed area limit - please provide written justification why the City's established development standards or design regulations physically preclude construction of the project and why the waivers are necessary.
d. Chapter 2.7.l{H) Building Massing. Maximum wall plane and roofline: No building facade visible from any public street (excluding alleys) shall extend more than 40 feet in length without a 5-foot minimum variation in the wall plane, as well as a change in roofline.

To support the density bonus waivers to waive the wall plane and roofline standards, please provide written justification why the City's established development standards or design regulations physically preclude construction of the project and why the waivers are necessary. e. Chapter 2.7.1(1) Ground Floor Street Frontage Uses. New ground floor street frontage uses permitted within the boundaries of the use restriction area identified on Figure 2-2 shall occupy more than one-half of the habitable space developed on the ground floor and shall span at least 80 percent of the building frontage.

To support the density bonus waiver to waive the requirement for the ground floor street frontage use to span at least 80 percent of the building frontage, please provide written justification why the City's established development standards or design regulations physically preclude construction of the project and why the waiver is necessary.

11. The Objective Design Standards for Multifamily Housing and Mixed-Use Development in the Village and Barrio go into effect October 13, 2023. All projects outside of the Coastal Zone, that are in process and not deemed complete by October 13, 2023, will be subject to the new objective design standards.

Please prepare a matrix demonstrating how the project complies with each applicable guideline.

Where not applicable, please indicate as such. This matrix shall be provided with the formal submittal of the project in both hard copy and digitally, preferably in ".word" format. This matrix will eventually be incorporated into an exhibit to be attached to the Planning Commission and City Council staff reports. Please see the Objective Design Standards website linked below:
https://www.carlsbadca.gov/departments/community-development/planning/village-barrio­ objective-design-standards

12. Per the Housing Crisis Act of 2019 (SB 330), any project that includes the removal or demolition of a "protected unit" is required to provide the occupants with 1) relocation benefits (Gov. Code § 7260 et seq.), and 2) right of first refusal for a comparable unit available in the new housing development. (Gov. Code § 66300 (d)(2)(D).) "Protected units" are generally defined by Gov. Code § 66300(d)(2)(E)(ii) as including residential units subject to affordability restrictions, price controls, or Sept. 29, 2026
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occupied by low-income households. The formal submittal of the project will need to include documentation regarding any existing "protected units."

13. Please provide a description of how the tandem parking spaces will operate.

14. Please dimension all parking stalls to confirm the minimum parking space dimensions listed in CMC

21.44.050 are met. Up to 25 percent of provided parking stalls can be compact spaces. No overhang is permitted for compact spaces. Compact car spaces shall be located in separate parking aisles from standard sized spaces. Aisles for compact car spaces shall be clearly marked with permanent pole signs denoting "Compact Cars Only." Please demonstrate compliance with all compact parking space requirements in the plans provided with a formal application submittal.

All necessary application forms, submittal requirements, and fee information are available at the Planning counter located in the Faraday Building at 1635 Faraday Avenue or online at https://www.carlsbadca.gov/departments/community-development/planning. You may also access the General Plan Land Use Element and the Zoning Ordinance online at the website address shown. Please review all information carefully before submitting.

Land Development Engineering:

Prior to formal application for the discretionary permit submittal, the following items must be adequately resolved/addressed, unless otherwise noted:

1. Contact Nick Gorman in the Traffic Division at [email protected], a division of the Public Works Department, to determine if a Scoping Agreement is required. Scoping Agreements are used to determine if a Local Mobility Analysis is required and the scope of analysis. Submit either an approved Scoping Agreement or correspondence from the Traffic Division indicating one is not required. Provide ADT and peak hour trips per generation rates from SAN DAG Brief Guide of Vehicular Traffic Generation Rates for the San Diego Region on the site plan/tentative map.

2. If a Local Mobility Analysis is required, refer to the Transportation Impact Analysis Guidelines at:
https ://www.carlsbadca.gov/home/showpubl isheddocument/328/637 425982502330000 .

3. Depending on the CEQA determination, which is determined after the application for discretionary permits is submitted, a Vehicle Miles Traveled (VMT) analysis may be required per the Vehicles Miles Traveled Analysis Guidelines available at:
https:ljwww .ca rlsbadca .gov /home/showdocument?id=312.

4. Complete a Stormwater Standards Questionnaire, Form E-34. This questionnaire will guide you and the city in determining what type of reports and storm water mitigation must be completed to satisfy state and City storm water quality requirements. The questionnaire is located on the City of Carlsbad website.

5. Based on a preliminary analysis it appears that this project is a Priority Development Project (PDP). All Sept. 29, 2026
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impervious surfaces being created or replaced (onsite and offsite) shall be included for treatment.

Submit a Storm Water Quality Management Plan. Based on the hydromodification exemption study prepared by Chang Consultants, this project will be exempt from hydromodification criteria and only subject to water quality requirements for storm water. The post construction stormwater treatment BMPs shall be shown on a conceptual grading plan and drainage plan with the discretionary application.

6. Based on this project's General Plan Land Use of V-B, this project is subject to the City of Carlsbad's trash capture requirements. Please incorporate trash capture measures on the project plans and incorporate trash capture methods and calculations in the preliminary Storm Water Quality Management Plan.

7. Please provide a Preliminary Title Report (current within the last six (6) months).

8. Please annotate and delineate all existing easements and encumbrances listed in the Preliminary Title Report on the site plan. If any vacations or quitclaims are planned with this development annotate on the site plan. Also, include the general utility and access easement for the 6-inch HOBAS sewer along the southwesterly boundary in book 1950, pg 3648 recorded 6/6/50 and per document 2020- 0149544 recorded 3/22/2020.

9. A Preliminary Hydrology Study including map and calculations is required to demonstrate capacity/sizing of proposed and existing storm drain infrastructure. Please show 100-year storm hydrologic calculations before and after development for each drainage basin.

10. A preliminary geotechnical report is required to evaluate the feasibility of the project. Please provide recommendations for remedial excavation, groundwater level and if infiltration is feasible for this project. Guidelines for preliminary geotechnical studies are available on the City of Carlsbad Engineering website.

11. Per CMC Section 15.16.060, this project will require a grading permit and grading plan.

12. A separate improvement plan for work within the right-of-way is required for this project.

13. This project shall utilize City of Carlsbad Survey Control Network established on Record of Survey Map 17271, NAD83, Zone VI, 1991.35 Epoch for horizontal control and NGVD 29 datum for vertical control per City Engineering Standards.

14. Please delineate and annotate the limits of grading. Include remedial grading quantities on the plan.

15. Please delineate and annotate approximate topographic contours for existing and proposed condition. Provide 1-foot contours for slopes less than 5%; 2-foot intervals for slopes between 5% and 10%, and 5-foot intervals for slopes over 10%. Extend contours a minimum 25-feet beyond the project boundary.

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16. On the site plan, please show and identify all existing surface improvements screened back (curb, gutter, sidewalk, paving, manholes, inlets, streetlights, adjacent driveways, vaults, transformers, etc.) at the project site, project frontage and within 25 feet of the boundary.

17. Please indicate the earthwork quantities (cut, fill, import, export, remedial) proposed for the project in cubic yards.

18. Please provide spot elevations at the corners of each pad in the proposed condition. Include finish pad and floor elevations.

19. Please provide the method of draining the project. Unless otherwise specified by a geotechnical engineer, method of drainage shall comply with California Building Code (latest version) section 1804.4.

20. Please delineate all retaining walls that will be utilized on the project site and show top of wall and bottom of wall elevations, including at the highest and lowest points. Indicate maximum height of retaining wall measured from bottom of footing to top of wall and maximum height measured from finish surface to top of wall.

21. Please delineate location of all existing and proposed buildings, walls, fences, and permanent structures onsite and within 25-feet of the site.

22. The trees along the frontage at Roosevelt Street are included in the City's Street Tree Inventory.

Please indicate on the site plan that they are to remain or to be removed. Proposed removal of street trees will require approval per Section 11.12.090 of the Carlsbad Municipal Code. Coordinate with the parks and recreation department for additional information.

23. Please show existing lot line bearing and distance.

24. Please provide typical street cross sections for Roosevelt Street. Provide existing right-of-way width and existing improvements and proposed improvements and dedications.

25. Dedications and frontage improvements are required per CMC Section 18.40 and/or CMC Section

20.16. An 8-foot wide public street and utility easement shall be dedicated on Roosevelt Street. Public street frontage improvements shall include driveway, curb and gutter and sidewalk.

26. It is unclear by the project description if the residential units will be condominiums or apartments. If apartments, a tentative parcel map will be required to consolidate the three properties and dedicate the 8.0-foot right-of-way. If condominiums are proposed, a tentative map will be required for the 36 proposed residential units.

27. Dead end parking aisles over 150-feet deep shall have adequate turn-around space to accommodate a maximum 3~polnt turn for a standard passenger vehicle.

28. Please provide 5-foot minimum back-up clearance at the last stall of the row of parking spaces.

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29. Please show all existing utilities and callout size for: water, sewer, storm drain, underground dry utilities, overhead lines, traffic signals, streetlights in Roosevelt Street and adjacent project and laterals affecting the property.

30. Please provide a Sewer Study for the new development based on City of Carlsbad Sewer Master Plan Update 2019, Section 4.2 Design Criteria.

31. Please provide a Water Study for the new development based on City of Carlsbad Potable Water Master Plan 2019, Section 4.2 Design Criteria_.

32. Public potable water and sewer mains along project frontages must meet minimum design diameter and material as specified in City of Carlsbad Engineering Standards. Utility replacement and/or upsizing may be required as a condition of development.

33. The City of Carlsbad requires upgrade of the entire existing 6-inch ACP waterline in Roosevelt from Grand Avenue to Beech. A reimbursement agreement may be available for the portion upgraded outside of the project frontage.

34. Please locate fire service, backflows, potable and recycled water services, meters, landscape irrigation services, and sewer laterals for the new development in compliance with 2022 Carlsbad Engineering Design Standards requirements.

35. Existing water and sewer service's not meeting the demand of the project will require removal.

36. Please ensure the trash enclosure is designed in accordance with the City of Carlsbad Engineering standards. Any deviation from the standard may require approval from Republic Services to ensure that the trash enclosure is serviceable.

37. Please provide multiple cross-sections of the site to demonstrate differences in grade from adjacent properties, existing and proposed grades on-site, fences and location of structures on-site and on adjacent properties.

38. A 3-inch AC grind and overlay is required for full-width of Roosevelt Street at the project frontage.

39. Meet with the Fire Department to identify the necessary fire protection measures required for this project (access, fire hydrants, sprinkler system, on-site circulation, emergency access, etc.)

40. If a vehicular gate is required for this project, locate the gate a min. 20-feet from the public Right of Way so that approaching vehicles will not queue in the public right-of-way of Roosevelt Street.

41. Plot stopping sight distance at the proposed driveway.

42. Please be advised that a more in-depth review of the proposed development will occur with the discretionary permit application when a more complete design of the project is provided.

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Fire Department:

1. The proposed building is out of Fire Department access, exceeds the 150 foot maximum from the public street, and the applicant shows the placement of a standpipe to the rear of the building. These must be submitted through an Alternate Means and Methods request and must be reviewed and approved by Fire prior to approval of this project.

2. Plan shows laddering pads that are obstructed by the exterior balconies. Laddering shall be demonstrated to the edge of the balcony.

3. NFPA 13 Fire sprinkler system and NFPA 72 fire alarm systems required.

Building Division:

The Building Division has no comments currently regarding this submittal for conceptual plan review. The following comments are provided courtesy of the Building Division and will need to be clearly detailed in the final design prior to submitting for building permit construction plan review. The Building Division will not need to see these preliminary plans again.

Carlsbad requirements:

CLIMATE ZONE 7
SEISMIC (R=6.5) = .12 W; SOC= D; Sos~ .75, Sl.00; DJD2
RAINFALL ("/hr.): 3.7"
WIND VELOCITY: 96mph
2019 California codes are adopted until December 31, 2022. 2022 codes take effect on January 1, 2023.

1. Construction hours: Monday - Friday 7:00am - 6:00pm and 8:00am - 6:00pm Saturday. No work is allowed on Sunday or Federal holidays.

2. Building permit applications are valid for one year. Permit applications will be expired after one year if not issued. The Building Official may grant one extension of 180 days upon request.

3. Permitted projects have one year to begin construction. Permits will be expired if construction does not start within one year after permit issuance.

4. This project consists of building with more than two dwelling units and will be subject to CBC Chapter 11A and 11B accessibility requirements and other/ Federal accessibility requirements depending on the funding source(s).

5. New apartments of three or more dwellings per building and new condominiums of four or more dwellings per building are defined as covered multifamily dwellings subject to CBC Chapter 11A accessibility requirements for accessible/ adaptable units.

6. New parking facilities will need to show accessible stalls, EV stalls and accessible EV stalls per CMC.

See the B-50 form available on-line.

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7. Funding sources such as CTAC may trigger additional accessibility requirements above the minimum amounts required by the California Building Code. If applicable, please list those additional requirements, if applicable, in chart form on the cover sheet and provide details on the plans.

8. Is the project constructed by, for, or on behalf of a Title II entity or part of a Title II entities program that provides housing? If yes, then the 2010 ADAS applies.

9. Is the project receiving Federal financial assistance, and if so, is it coming from HUD? If it's a Home key Project, then the answer to that is yes. Therefore, it must comply with HUD 504 regulations with the options of either using UFAS or the HUD Deeming Notice that allows the use of the 2010 ADAS with certain exceptions.

10. 2022 CRC requires ESS provisions to be designed into new residential construction.

11. A soils report is required for new construction. Prepare the report and include recommendations into the foundation design.

12. A boundary certification is required for new structures built 5 feet or closer to a side or rear yard property line.

13. Drain design with fixture unit counts for entire sewer system to be included in complete plumbing plans.

14. Sewer and water lines within the property line boundary are considered private systems.

Consideration should be made now to determine if these systems will meet the city standard or will be designed per the California Plumbing Code.

15. A separate, private sewer and water system permit can be applied for concurrent with grading so the Building Division can do inspections of these systems during grading.

16. Gas line isometric for proposed gas fixtures to be included in complete plumbing plans.

17. Electrical load calculations and single line diagram for entire electrical design to be included in complete electrical plans.

18. All registered Energy documents are required to be imprinted onto the plans.

19. Carlsbad Climate Action Plan requirements are triggered. New residential occupancies will need to meet CAP sections 2A, 3A and 4A. New nonresidential construction will need to meet CAP sections lB, 2B, 3B, 4B and 5.

20. The Carlsbad form B-55 will be required to be imprinted onto the plans to be approved for a permit.

21. Show details for airborne and structure borne sound transmission compliance with CBC section 1206 for the walls and floors separating dwellings.

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22. Roof mounted mechanical systems shall be screened in accordance with the Carlsbad Municipal Code section 18.10.020.

Housing and Homeless Services:

Housing & Homeless Services staff have completed a review of the above-referenced project for pre­ application completeness. The Housing & Homeless Services finds that the project as proposed does not demonstrate compliance with State law and City codes. The applicant should submit an application and address the following:

1. Total Units & Affordability - Applicant is applying for additional units, incentives, and waivers in accordance with density bonus provisions found in Government Code §65915 and Carlsbad Municipal Code Chapter 21.86. Based on projected gross acreage and the project as proposed, the following are HHS calculations.

Please be aware that these calculations are based upon the information available in this application.

Please refer to bullet 3 which discusses the State Housing Accountability Act and its applicability to this project. Additional affordable units may be required for this project based on the criteria described in State Government Code Section 66300 and discussed below.

A Acreage .67
B Max Density per Acre 35
C Base Units (Ax B) .67 X 35 = 23.48 rounds up to 24
units
D Requested Bonus (50% x 50% x Base Units 12 units
C)
E Total Units (C + D) Base+ Bonus 36 units
F Required Affordable Units 24 X 15% = 3.6, rounds up to 4 very per GC 65915 (C x 15%) low-income units
G Required Affordable Units 36 X 12.5% = 4.5 units, rounds up to 5 Per CMC 21.85 (Ex 12.5%) very-low-income units
H Total Affordable Unit 4 affordable units (F) count toward required units Count (G), so total affordable unit count is 5
(The higher of F or G)

2. lnclusionary Requirement - Project is also to Carlsbad Municipal Code Chapter 21.85, requiring fifteen percent of the total residential units be affordable for lower income households. Carlsbad Municipal Code (CMC) Section 21.85.070 provides alternatives to construction of inclusionary units, including reducing the required number of inclusionary units to twelve and a half percent for projects that restrict all affordable units to extremely low or very-low-income households. Under this alternative, this project is providing very-low-income units pursuant to Government Code §65915, and therefore, the very-low-income inclusionary units shall be twelve and a half (12.5%) percent 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 5 units (36x 0.125 = 4.5 rounded Sept. 29, 2026
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up to 5). The project would be required to provide 5 very-low-income units based on Carlsbad Municipal Code Chapter 21.85.

The project is required to provide 5 affordable units, and per CMC 21.85.030, a minimum of 10 percent of the affordable units shall have three or more bedrooms. The project is required to provide 5 inclusionary units x 10% = .5 or one, three-bedroom unit is required.

Additionally, per CMC 21.85.040 (G)- inclusionary units shall be reasonably consistent or compatible with the design of the total project in terms of appearance, materials, and finished quality.

3. A total of eight residential rental units currently exist on the proposed project site (APN 203-181-10).

The project application is required to submit evidence to verify compliance with Government Code Section Government Code Section 66300 ("Housing Accountability Act"), regarding incomes of existing occupants, and any and all applicable replacement and relocation requirements.

Government Code Section 66300 (d)(2} citation:
(2) An affected city or an affected county shall not approve a housing development project that will require the demolition of occupied or vacant protected units, unless all of the following apply:
(A) (i) The project will replace all existing or demolished protected units. (ii) Any protected units replaced pursuant to this subparagraph shall be considered in determining whether the housing development project satisfies the requirements of Section 65915 or a locally adopted requirement that requires, as a condition of the development of residential rental units, that the project provide a certain percentage of residential rental units affordable to, and occupied by, households with incomes that do not exceed the limits for moderate-income, lower income, very low income, or extremely low income households, as specified in Sections 50079.5, 50093, 50105, and 50106 of the Health and Safety Code. (B) The housing development project will include at least as many residential dwelling units as the greatest number of residential dwelling units that existed on the project site within the last five years.
(C) (i) Any existing occupants will be allowed to occupy their units until six months before the start of construction activities with proper notice, subject to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1.
(ii) Any existing occupants that are required to leave their units shall be allowed to return at their prior rental rate if the demolition does not proceed and the property is returned to the rental market.
(D) The developer agrees to provide both of the following to the existing occupants of any protected units that are lower income households:
(i) Relocation benefits to the occupants of those affordable residential rental units, subject to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1. (ii) A right of first refusal for a comparable unit available in the new housing development affordable to the household at an affordable rent or an affordable housing cost. This clause shall not apply to any of the following:
(I) A development project that consists of a single residential unit located on a site where a single protected unit is being demolished.

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(II) (ia) Units in a housing development in which 100 percent of the units, exclusive of a manager's unit or units, are reserved for lower income households. (ib) Notwithstanding sub-subclause (ia), clause (ii) shall apply to protected units occupied by an occupant who qualifies for residence in the new development and for whom providing a comparable unit would not be precluded due to unit size limitations or other requirements of one or more funding source of the housing development.
(iii) (I) For purposes of complying with clause (ii), if one or more single-family homes that qualify as protected units are being replaced in a development project that consists of two or more units, "comparable unit" means either of the following, as applicable:
(ia) A unit containing the same number of bedrooms if the single-family home contains three or fewer bedrooms.
(ib) A unit containing three bedrooms if the single-family home contains four or more bedrooms.
(II) For purposes of this clause, a comparable unit is not required to have the same or similar square footage or the same number of total rooms.

Applicant must complete Housing Declaration Forms, linked below, to describe the site's current residential uses and proposed residential uses. Applicant must provide further evidence, as summarized below, to comply with Government Code Section 66300 (d)(2). Evidence to include but not limited to the following: notification of project application to each residential tenant, certified acknowledgement of notice from each residential tenant, signed income certification from each residential tenant, and source documentation to verify total annual gross household income for each residential tenant. As a courtesy, City provided a Tenant Income Certification form for applicant use, if so desired.

Housing Declarations P-38.pdf
Housing Declarations P-38(B) Income Certification Form.pdf

4. Affordable Unit Distribution - Applicant should be aware that State law (Health and Safety Code Section 17929 ("AB 491")) requires the affordable units to be distributed equitability throughout the project.

Health and Safety Code Section 17929 (a)(2) citation:
(a) (1) For a mixed-income multifamily structure, both of the following shall apply:
(A) The occupants of the affordable housing units within the mixed-income multifamily structure shall have the same access to the common entrances to that structure as the occupants of the market-rate housing units.
(B) The occupants of the affordable housing units within the mixed-income multifamily structure shall have the same access to the common areas and amenities of that structure as the occupants of the market-rate housing units.
(2) A mixed-income multifamily structure shall not isolate the affordable housing units within that structure to a specific floor or an area on a specific floor.

Sept. 29, 2026
Item #9 Page 77 of 195
PRE 2023-0043 (DEV2023-0105) RINCON ROOSEVELT
September 21, 2023

Parks and Recreation:

The City of Carlsbad proposes to make improvements to the existing Rincon Roosevelt. The following is requested by Parks and Recreation Maintenance Operations:

1. All standards landscaping shall conform to the City of Carlsbad Landscape Manual Policies and Requirements. Plans for city-maintained landscape shall also conform to and shall processed in accordance with all provisions of this Landscape Manual Policies and Requirements.

2. Landscape planting and irrigation plans must be prepared in compliance with approved development cases and appropriate design standards.

3. All materials must be submitted in a complete and final form. Incomplete submittals shall not be accepted for plan check by the Parks Maintenance Operations and will be returned to Planning Division Review.

4. All plans shall be prepared and signed by a Registered Landscape Architect, or any person authorized by California State Law.

5. The irrigation plans shall be approved by the Parks Maintenance Operations and an approved Irrigation Equipment List shall be provided to the applicant.

6. All irrigation systems shall be designed to meet or exceed the water budget requirements contained within California Assembly Bill 1881 (Model Water Efficient Landscape Ordinance). Water budget calculations shall be submitted with each landscape plan.

7. All irrigation systems shall be designed to minimize vandalism.

8. Water velocity in system shall not exceed 5-feet per second.

9. All irrigation systems shall have the design capability of delivering 1 ½-inches of water in a four (4) day period. Watering time per day shall be no greater than eight (8) hours.

10. If two or more controllers are supplied by a single water meter, the irrigation system shall be designed so the performance standards herein can be met with the combined maximum flow of all controllers operating concurrently.

11. City-maintained irrigation systems shall be designed to be a smart controller with flow sensing capabilities such as CalSense and approved by the city.

12. City maintained irrigation systems shall use Weather based irrigation controllers, soil moisture based or other self-adjusting irrigation controllers. Irrigation systems shall be designed to apply water at a rate which does not exceed the infiltration rate of the soil, prevents ponding, runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non-targeted areas.

Irrigation systems shall be designed to meet the peak moisture demand of all plant materials used within the design area. Individual station run time shall meet peak evapotranspiration (E.T.) rate.

Sept. 29, 2026
Item #9 Page 78 of 195
PRE 2023-0043 (DEV2023-0105) RINCON ROOSEVELT
September 21, 2023

Hydrozone remote control valves based on high medium and low water use, slope, exposure, and precipitation rates.

13. Irrigation systems shall be designed to ensure the dynamic pressure at each emission devise is within the manufacturers recommended pressure range for optimal performance.

14. Irrigation system shall be designed to provide uniform coverage throughout each system.

15. Sprinkler heads:
a. All sprinkler heads shall be spaced to not exceed 50% of the manufacturer's recommended spray diameter (head-to-head coverage).
b. In large turf areas and any area exposed to consistent winds, sprinkler heads shall be spaced to not exceed 45% of the spray diameter.
c. Sprinkler head spacing shall not exceed the width of the landscape area. d. Large turf sprinklers with different patterns or different precipitation rates shall be operated by separate remote-control valves.
e. Sprinkler heads adjacent to hardscape elements shall be installed on swing joints or other riser protection device and be pop-up types.
f. All sprinkler heads (except for on-grade systems) shall be pop-up type.

16. Master valves shall be provided for City projects.

17. Manual shut-off valves shall be provided to isolate various sections of the system independent of the entire system, and on the supply side of a line beneath a street.

18. Backflow prevention:
a. All backflow prevention devices shall comply with requirements of Title 17 of the California Administrative Code, San Diego County Health Department, and City of Carlsbad. b. System design shall prevent any back siphonage after valves are closed. c. Backflow prevention devices are not permitted on irrigation system using reclaimed water.

19. The approved street tree species list and plant pallet shall be provided by Park Planning Division of Parks and Recreation Department.

20. Planting:
a. All planting material shall be in accordance with the appropriate ordinances, resolutions and specifications established by the City of Carlsbad.

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Item #9 Page 79 of 195
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September 21, 2023

b. All plant material shall be in conformance with Carlsbad Streetscape Plan where applicable.

The city retains the right to prohibit any plant material generally known to require excessive maintenance because of factors such as, but not limited to, disease, pest control, troublesome root development, ultimate size, and difficult growth habits. c. Tree limbs must have a clearance of 15 feet over streets, 8 feet over bicycle trails and 8 feet over pedestrian-traveled ways.

21. Parkway drainage and common area drainage will not be allowed to drain onto private property.

Design must incorporate provisions to minimize drainage over sidewalks. Concentrated flow shall not be allowed over curbs, sidewalks, and property lines.

22. Subsurface drains shall connect into a storm drain system. A secondary drainage path must be provided where grate or dome inlet-type basins are used for drainage. Grate inlet-type basins shall not be used where leaves or other debris may clog the grates. Dome type grate covers shall be used in shrub/groundcover areas where leaves or other debris may clog the inlet. Steel drain lines shall not be used.

23. Turf areas of parkways shall be a minimum of 6-feet wide. Shrub or groundcover areas in medians shall be a minimum of 3-feet wide.

24. Landscape medians shall have a cross slope of 2% and shall be graded to prevent concentrated flows over curbs.

Planning Questions

1. Please confirm the Base Zone, District, and Overlay Zones indicated on the title sheet.

The project site is located in the Village Center (VC) District in the Village - Barrio (V-B) Zone. The project site is not in the Coastal Zone.

2. Please confirm the Base Density and Density Bonus calculations as indicated on the title sheet.

A land survey is required to confirm the base density and density bonus calculations. Based on the information provided in the preliminary review application, the base density is 23.48 dwelling units which rounds up to 24 dwelling units (0.67 AC x 35 DU/AC ==23.48). The total number of units with the density bonus is 36 units (24 base units x 50% == 12 density bonus units).

3. Based on the calculations for base density and density bonus, please confirm the number of available incentives as indicated on the title sheet.

If the project includes at least 15 percent of total units for very low income households, three incentives will be available. If the project includes at least 10 percent of total units for very low income households, 2 incentives will be available.

Sept. 29, 2026
Item #9 Page 80 of 195
PRE 2023-0043 (DEV2023-0105) RINCON ROOSEVELT
September 21, 2023

4. lnclusionary housing for the City of Carlsbad requires 6 total units. We request to purchase 2 housing credits and provide the state-required 4 units on site. Please confirm this is acceptable.

Please see Housing and Homeless Services comments regarding the number of affordable units required. One credit purchase option is possible. However, the eight existing units need to be addressed first. If any of those units are considered a protected unit, those units must be factored into the affordable unit count, and there is no credit purchase option for replacement units.

5. Please confirm that the project is within½ mile of a major transportation stop.

The project site is within a½ mile of a major transportation stop.

6. Please confirm that per AB 2097, the project is exempt from providing required parking.

Per AB 2097, the project site is exempt from providing required parking except for required ADA and EV parking.

7. Please confirm the use of a waiver for the proposed driveway width.

To support the density bonus waiver to increase the driveway width from 20-feet to 22-feet, please provide written justification from a license traffic engineer that the driveway increase will not result in a health/safety impact.

8. Please confirm the use of a waiver for the proposed drive aisle widths.

To support the density bonus waiver to decrease the drive aisle width from 24-feet to 22-feet, please provide written justification from a licensed traffic engineer that the drive aisle width decrease will not result in a health/safety impact.

9. Please confirm the use of a waiver to exceed the height/ story limits.

10. Please confirm the use of a waiver to exceed the 4th floor setback.

11. Please confirm the use of a waiver to exceed the 4th floor area limit.

12. Please confirm the use of a waiver for the max wall plane.

13. Please confirm the use of a waiver for the 80% habitable frontage requirement.

14. Please confirm the use of a waiver for the use of compact spaces.

For questions #9 to #14, sufficient documentation must be provided justifying why the city's established development standard(s) or design regulation(s) physically preclude construction of the project and why the waiver(s) is necessary. Sufficient documentation may include a written explanation of the physical constraints accompanied with an exhibit showing the site and developable envelope.

Sept. 29, 2026
Item #9 Page 81 of 195
PRE 2023-0043 (DEV2023-0105) RINCON ROOSEVELT
September 21, 2023

15. Please confirm the approval of balconies which project up to 4ft into the right-of-way with EMRA.

Unfortunately, no proposed building element or balcony can encroach into the right-of-way.

Fire Department Questions

16. Please confirm the proposed ladder pad locations and distances from the rescue windowsill heights.

Plan shows laddering pads that are obstructed by the exterior balconies. Laddering shall be demonstrated to the edge of the balcony.

17. Please confirm the proposed fire truck locations and 200ft {max) hose pull lengths as shown (please note that project assumes standpipes and automatic sprinklers are provided).

The proposed building is out of fire department access, exceeds the 150 foot maximum from the public street, and the applicant shows the placement of a standpipe to the rear of the building. These must be submitted through an Alternate Means and Methods request and must be reviewed and approved by Fire prior to approval of this project.

Land Development Engineering Questions

18. Please confirm the assumed 8'-0" right-of-way dedication as shown in the site plan.

Please see comment #25.

19. Provided the existing 6" ACP water main in Roosevelt can adequately serve the project's fire and domestic water demand, wil/ the project still be required to upsize the existing main to an 8"? Yes, the water main will be required to upsize to 8-inches.

20. If required to upsize the existing 6" water main, what are the limits of the upsize? Only along the property frontage?
Please see comment #34.

Parks and Recreation Questions

1. Please confirm whether any trees along the Roosevelt ROW are protected. If protected, please confirm whether these tree canopies can be trimmed.

There are multiple city street trees present along Roosevelt at this location - records show multiple podocarpus trees, a Brazilian pepper tree, and a tristania tree along the ROW here. The term protected is used in the questions - theses trees should remain in place and should be trimmed by city staff/city contractor only.

Sept. 29, 2026
Item #9 Page 82 of 195
PRE 2023-0043 (DEV2023-0105) RINCON ROOSEVELT
September 21, 2023

If you would like to schedule a meeting to discuss this letter with the commenting departments, please contact Edward Valenzuela at the number below. You may also contact each department individually as follows:
• Planning Division: Edward Valenzuela, Associate Planner, at (442) 339-2624 • Land Development Engineering: Nichole Fine, Project Engineer, at (442) 339-2744 • Fire Department: Randy Metz, Fire Inspections, at (442) 339-2661 • Building Division: Jason Pasiut, Building Official, at (442) 339-2788 • Parks and Recreation: Nick Stupin, Park Planning Manager, at (442) 339-2527 • Housing and Homeless Services: Nicole Piano Jones, Senior Program Manager, at (442) 339-2191 Sincerely,

ERIC LARDY, AICP
City Planner
EL:EV:ES
c: Donna Doyle, David R. Dewhurst, and Douglas G. Dewhurst, Successor Trustees of the Dewhurst Family Revocable Trust, 3425 Seacrest Drive, Carlsbad, CA 92008 Nichole Fine, Project Engineer
Fire Prevention
Laserfiche/File Copy
Data Entry
Sept. 29, 2026
Item #9 Page 83 of 195

P-1(A) Form Rev 4/2024
Development Services
Planning Division
1635 Faraday Avenue
442-339-2600
www.carlsbadca.gov

AUTHORIZATION, CONSENT, AND

DISCLOSURE STATEMENT
P- 1(A)

APPLICATION AND ACKNOWLEDGEMENT INFORMATION
This submittal form (Part A through Part F) must be completed as part of your application with the City of Carlsbad. Your project cannot be reviewed until this information is completed.

PART A. Owner Authorization and Consent
NOTE: This Consent and Disclosure Form must list the name of the principal owners (10% or greater) and attach a copy of the current corporate articles, partnership agreement, or trust document, as applicable.

Provide name(s) of the person(s) authorized to sign on behalf of the organization. (A separate page may be attached if necessary.) IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NOT-APPLICABLE (N/A) IN THE SPACE BELOW.

This is to certify under penalty of perjury that the undersigned is/are the record owner(s) of the property known as:

Assessor’s Map Book, Page and Parcel (APN/APNs): ___________________________________________ ________________________________________________________________________________ ; and

1. Name: __________________________ Signature: _______________________________ Signature: _______________________________________________________________ Phone Number: __________________________ Email: ___________________________ Contact Address: _________________________________________________________

2. Name: __________________________ Signature: _______________________________ Phone Number: __________________________ Email: ___________________________ Contact Address: _________________________________________________________ NOTE: For additional names, please use a separate sheet of paper. 203-101-12, 203-181-16, 203-181-10
Street Address (if applicable): ______2747 - 27___ __________5 Roosevelt St. _________________________________________ that I/we (full legal name of all record owners) consent to the filing of the Land Use Review Application on our property for processing by the City of Carlsbad Planning Division. I/We declare under penalty of perjury that I/we have reviewed this Affidavit and the information is true and correct. ŽŶŶĂŽLJůĞ͕^ƵĐĐĞƐƐŽƌdƌƵƐƚĞĞŽĨƚŚĞĞǁŚƵƌƐƚ
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Attachment B
Sept. 29, 2026
Item #9 Page 84 of 195

P-1(A) Form Rev 4/2024
IMPORTANT: A Grant Deed is required if the ownership does not match city records. Ownership on the deed must correspond exactly with the ownership listed. If the owner noted on the Grant Deed does not match the person signing as Property Owner, provide paperwork documenting the person signing is authorized to sign as a Property Owner.

Whenever any excavation, fill, or other project-related improvement requires entry onto adjacent property for any reason, the Land Use Review App lication shall include the written consent or legal easements or other property rights of the adjacent property owner or their authorized representative, and shall include such consent with the application package. The application will not be deemed complete unless and until all necessary consent docume nts are so filed. The consent shall be in a form acceptable to the City Planner. If the proposed improvements on the adjacent property change the nature of the property’s development rights (or implied bundle of rights), the city might require recordation of a Covenant and Agreement for Offs ite Improvements and Release of Liability as a condition of project approval.

Does the project’s limits of disturbance encroach on property not owned by the Property Owner? տ Yes տ No If yes, attach adjacent owner authorization.

PART B. Owner Declarations (to be signed by Property Owner) I/We hereby certify that I/we have read the information below and that:

1. I/We understand that it is the responsibility of the Applicant to substantiate the request through the requirements of the application.

2. I/We understand that if there is a zoning violation on the property, application review may be delayed. Any unpermitted structures or uses must either be removed or legalized at part of this application.

3. I/We understand that if this application is approved, I/we may be required to record a covenant with the County Recorder’s Office, the form and co ntent that is satisfactory to the City and its City Attorney, to notify future owners of the project approval and restrictions.

4. If this Land Use Review Application is approved or conditionally approved, I/we hereby certify that I/we will comply with all conditions attach ed to the approval action. I/We understand that the failure to comply with any conditions sh all constitute grounds for the revocation or modification of the approval, permit, or other authorizations provided.

5. Prior to any use of the project site pursuant to the permit issued, all conditions of approval (if any) will be completed or secured in the manner as stated or required.

Property Owner Signature(s): _________________________________________________________ Name(s): __________________________________________________ Date: __________________ David Dewhurst, Douglas Dewhurst, Donna Doyle Successor Trustees of the Dewhurst Family Revocable Trust dated March 13, 1990 















Sept. 29, 2026
Item #9 Page 85 of 195

P-1(A) Form Rev 4/2024
PART C. Project Team Information (complete all applicable fields) Applicant: տ Same as Owner տ Different from Owner
Name (if different from Owner): __________________________________________________________ Company or Firm: ______________________________________________________________________ Phone Number: __________________________ Email: ________________________________________ Contact Address: _________________________ City: _____________ State: _____ Zip Code: _________ Agent or Representative: տ Same as Applicant տ Different from Applicant տ N/A Name (if different from Applicant): ________________________________________________________ Company or Firm: ______________________________________________________________________ Phone Number: __________________________ Email: ________________________________________ Contact Address: _________________________ City: _____________ State: _____ Zip Code: _________ Other (specify Architect, Engineer, CEQA Consultant, etc.): ____________________________________ Name: ______________________________________________________________________________ Company or Firm: ______________________________________________________________________ Phone Number: __________________________ Email: ________________________________________ Contact Address: _________________________ City: _____________ State: _____ Zip Code: _________ NOTE: A Letter of Authorization (LOA) from the Property Owner empowering a person or persons to act on the behalf of the Property, is required if anyone other than the Property Owner signs the Land Use Review Application as the Applicant or Agent. The authorized person (Applicant or Agent) on the LOA must correspond with the name and signature, above.

PART D. Single “Point of Contact” Designation
A single “point of contact” is an individual that handles all communications with the city and its review team for the purposes of sending and receiving application materials, information, reports, etc. The point of contact is to be the single individual elected on the Land Use Review Application form for all communications and to remain as the primary contact for all status updates relating to the Land Use Review Application.

Single Point of Contact: տ Applicant տ Property Owner տ Agent տ Other ____________________ Jonathan Frankel, Rincon Homes
925-708-3638 [email protected]
5315 Avenida Encinas, Suite 200 Carlsbad CA 92008
2747 Roosevelt LLC













Sept. 29, 2026
Item #9 Page 86 of 195

P-1(A) Form Rev 4/2024
PART E. Contribution Disclosure
Has the Property Owner, Applicant, or Agent had more than $900 worth of business transacted with any member of city staff, Boards, Commissions, Committees and/or Council within the past 12 months? տ Yes տ No If yes, indicate person(s): ______________________________________________ NOTE: Attach additional sheets if necessary.

PART F. Applicant Declarations (to be signed by Applicant) I hereby certify that I have read the information below and that:

1. I have carefully reviewed and prepared the application and plans in accordance with the instructions.

2. I understand that the specific information needed to initiate planning case processing corresponds to those items listed in the application form’s “Minimum Submittal Intake Requirements Checklist.” I also understand that even if the application is duly filed and accepted for intake processing, each application submitted to the Planning Division is required to have specified information included in the application packet before it is determined to be complete . The specific information to determine completeness is in “Completeness Determination Requirements Checklist.”

3. The Planning Division has developed policies to help ensure that discretionary permit applications are timely processed. The Permit Streamlining Act shot clock starts on the intake date the Planning staff accepts a duly filed application.

4. I un derstand that once an application is determined to be complete, project or design changes t h a t w i l l i n c r e a s e t h e n u m b e r o f u n i t s , a d d u s e s t h a t w e r e n o t p r e v i o u s l y l i s t e d , s u b s t a n t i a l l y change the site plan, or other changes that trigger the need for additional discretionary approvals will require a new application, or the filing of other application permit types, which would restart the review “clock” and extend processing timelines.

5. I understand that upon city review, additional information, documents, reports, entitlements and fees might be required, including any referral fees. I understand that all fees and deposits submitted with this application will be refund ed only as provided for by the ordinances, regulations, or policies in effect at the time of the application submittal.

6. I certify that the description of the development and all the plans and supporting documentation are accurate in all material respects as of the date when made. I understand that it is my responsibility to ensure that statements and representations are not misleading.

Furthermore, I agree to promptly remove, correct , or add information as needed to correct any misleading or materially inaccurate information. I understand that any misstatement or omission of the requested information or of any information subsequently requested might be 












Sept. 29, 2026
Item #9 Page 87 of 195

P-1(A) Form Rev 4/2024
grounds for rejecting the application, deeming the application incomplete, denying the application, suspending or revoking a permit issued on the basis of these or subsequent representations, or for the seeking of such other and further relief as deemed appropriate by the City of Carlsbad.

7. If discrepancies exist between the architectural plans and the structural plans, the architectural plans shall take precedence. Ultimately, the scope of work, as described on the permit that authorizes construction, takes precedence over the plans. If there is a discrepancy between the plans and the description on the permit, the permit governs.

8. I understand that all materials submitted in connection with this application might become public record subject to inspection and copying by the public. I acknowledge and understand that the public might inspect and copy these materials and that some or all of the materials might be posted on the city website or elsewhere online, outside of the city’s control.

9. I understand there are no assurances at any time, implicitly or otherwise, whether provided to me in writing or by oral communications regarding final staff recommendations to the decision- making body about this application or the determination of any decision-making body.

10. I understand that the overall design process consists of several steps, each with increasingly more detail. The planning phase is one of the first steps in the design process. A Land Use Review Application (or “planning application”) co nsists only of a schematic design package. If the project is approved or conditionally approved, the schematic design phase is immediately followed by a design development phase (with co nstruction drawings). Construction drawings, such grading and drainage plans, are much mo re comprehensive and provide additional detail, specificity, and instructions on how to build and implement the project.

Review comments, statements, or approvals from the City of Carlsbad concerning a Land Use Review Application are based on the representations of the intent of design and construction.

City comments and statements are believed to be accurate; however, such accuracy is not guaranteed when implementing the intended design solution. I understand that the approval or conditional approval of a Land Use Review Application does not replace the more thorough review of the construction drawings by the city or another agency during the design development phase; or services or recommendations provided by design professionals, such as architects, engineers, code professionals, etc. Furthermore, the approval or conditional approval of a Land Use Review Application does not relieve the Applicant of the obligation from complying with all applicable regulations, standa rds, policies, and guide lines applicable to the design development phase. Therefore, the ultimate design solutions required in construction drawings may differ from the project’s initial schematic design.

The approved plan set of project drawings, civil plans/grading, sections, site plans, floor plans, architectural elevations, and landscape plans sha ll not be altered without express authorization by the City Planner. Once a permit has b een issued, the Applicant may request permit modifications. “Minor" modifications might be granted if found by the City Planner to be in substantial conformity with the approved plan set, including all exhibits and permit conditions. 












Sept. 29, 2026
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P-1(A) Form Rev 4/2024
Modifications beyond the scope described in the approved plan set might require submittal of an amendment to the permit and approval by the authorized review body.

11. Should any proponent of the project fail to file a timely and valid appeal of the permit within the applicable appeal period, such inaction shall be deemed to constitute acceptance of the permit by the Applicant; and agreement by the Applicant to be bound by, to comply with, and to do all things required of or by the Applicant pursuant to all of the terms, provisions, and conditions of the issued permit or other approval.

12. As part of this application, the Applicant here by agrees to defend, indemnify, and hold harmless the City of Carlsbad, its Council, boards and co mmissions, officers, employees, volunteers, and agents from any claim, action, or proceeding against the City of Carlsbad, its Council, boards and commissions, officers, employees, volunteers and agents, to attack, set aside, void or annul an approval of the application or related decisi on, including environmental documents, or to challenge a denial of the application or related de cisions. This indemnification shall include, but not be limited to, damages awarded against the city , if any, costs of suit, attorneys’ fees, and other expenses incurred in connection with su c h c l a i m , a c t i o n , c a u s e s o f a c t i o n , s u i t o r proceeding whether incurred by Applicant, city, and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the city fo r all of the city’s costs, attorneys’ fees, and damages that the city incurs in enforcing the indemnification pr ovisions set forth herein. The Applicant shall pay to the city upon demand any amount owed to the city pursuant to the indemnification requirements prescribed.

By signing below, I acknowledge that I have completely read, understand, and agree to the declarations above and accept all terms set forth herein.

Applicant Signature: _________________________________________________________________ Name: ____________________________________________________ Date: __________________ This form must be stapled/attached to the application and shall be effective until replaced or revoked in writing.
rein.
______________
Jonathan Frankel 8/29/24













Sept. 29, 2026
Item #9 Page 89 of 195
Supplement to Page 1 of Part A - OWNER AUTHORIZATION AND CONSENT.

3. Name: Douglas G. Dewhurst, Successor Trustee of the Dewhurst Family Revocable Trust dated March 13, 1990
Signature: _____________________________________________________________ __ Phone Number: 619-247-8183 Email: [email protected] Contact Address: 3425 Seacrest Drive, Carlsbad, CA 92008 












Sept. 29, 2026
Item #9 Page 90 of 195

P-38 Form Rev 4/2024
Development Services
Planning Division
1635 Faraday Avenue
442-339-2600
www.carlsbadca.gov

HOUSING DECLARATIONS
P-38
This submittal form (Part A and Part B) is to be completed as part of your application with the City of Carlsbad.

Part A and Part B form must be completed in conjunction with all development project applications that demolish existing residential units. Your project cannot be reviewed until this information is completed. Part C of this form is to be completed only if required based on the responses to Part A.

The Housing Crisis Act requires housing projects that will demolish an existing residential unit to construct at least the same number of units. If the project demolishes a “protected” unit, as specified below, additional provisions apply. See Government Code § 66300 for replacement and relocation provisions. To verify income and/or occupancy of tenants within the five years prior to submittal of the application, please complete a Tenant Income Certification (Form P-38(B)) for each existing unit.

NA
ME OF PROJECT: _________________________________________________________________________________ BR
IEF SUMMARY OF PROJECT: ________________________________________________________________________ LO
CATION: ________________________________________________________________________________________ CO
NTACT: ☐ Applicant ☐ Property Owner ☐ Agent
I/
We declare under penalty of perjury that I/we have reviewed this affadavit and the information furnished is true and correct.

Sig
nature: ___________________________________________________________________________________ Na
me: ____________________________________________________ Date: ____________________________ To
be stapled/attached with receipt to the application and shall be effective until replaced or revoked in writing.

APPLICATION INFORMATION
Rincon Roosevelt
Construction of 33 residential condo units and approximately 3,500 SF of ground floor retail in a 4 story mixed use buidling. 2747 - 2775 Roosevelt Street
Jonathan Frankel, 2747 Roosevelt LLC
9/18/24
Attachment C
Sept. 29, 2026
Item #9 Page 91 of 195

P-38 Form Rev 4/2024
Part A. Pre-Existing Site Conditions
Yes No

1. Is the proposed project located on a site where an existing residential use, which is subject to a recorded covenant and agreement restricting rents to levels a affordable to moderate, lower, or very low income households, would be demolished as a result of the proposed development?

2. Is the project located on a site where an existing residential use, which has been occupied by tenants during the 10-year period prior to your application submittal, would be demolished as a result of the proposed development?

3. Is the project located on a site where there is an existing mobile home park, recreational trailer park, or travel trailer park?
NOTE: If any of the first three questions are marked as “yes,” the Applicant, Property Owner, or Agent must complete Part C.

Part B. Demolition Information
Yes No N/A

1. Does the project have a number of proposed units that meets or exceeds the greatest number of units on the site in the last 5 years? NO
TE: Pursuant to state law, a housing development project cannot be approved if it requires demolition that results in a reduction of the total residential units on the site currently or in the last 5 years. Project revisions may be necessary to show that the project is creating at least as many units as demolished. Non -residential development projects are not subject to this requirement and may be approved, disapproved, or subject to conditions of approval in accordance with local requirements.

Bedroom Count Number of Existing Units Number of Proposed Units 1-bedroom (including studios)
2-bedrooms
3-bedrooms
4-bedrooms
8 15
0 0
0 6
6 6
Sept. 29, 2026
Item #9 Page 92 of 195

P-38 Form Rev 4/2024
Part C. Protected Units and Replacement Requirements
NOTE: Part C of this form is r equired if a “yes” response was provided in Part A. All protected units must be replaced with units that contain the same number of bedrooms as the units demolished, with some exceptions for single -family homes. Relocation benefits are required for lower -income tenants of protected units. In addition, a right of first refusal must be offered to lower -income tenants of protected units for a comparable unit affordable to the household at an affordable rent or an affordable housing cost, unless the development replaces a single-family home with a single -family home. Please complete a Tenant Income Certification (Form P-38(B)) for each existing unit.

Yes No N/A

1. Regulatory Covenants: Are there any unit(s) that currently are or were within the past 5 years subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower income? This may include inclusionary units under the Inclusionary Housing Program, units restricted under former conditions of approval, or units otherwise deed restricted.

2. Rent/Price Control: Are there any unit(s) that currently are or were within the past 5 years subject to any form of rent or price control through a jurisdiction’s police power?

3. Occupancy: Are there any units being demolished that are currently or were within the last five years occupied by lower income households?

4. Are there any units on the site that were withdrawn from rent or lease in accordance with the Ellis Act (Government Code Section7060-7060.7) within the past 10 years?

5. Relocation Benefits: If proposing demolition and replacement of protected unit(s) that were rented to lower income tenants, have relocation benefits been offered to existing renters?

6. Right of First Refusal: If proposing demolition and replacement of protected units that were rented to lower-income tenants, has the tenant been offered a right of first refusal? Please note that a project that consists of a single- family home located on a site where a protected single-family home is being demolished is exempt from this requirement.

7. If the existing single-family home contained three bedrooms or less, is/are the replacement unit(s) providing the same number of bedrooms?

8. If the existing single-family home contained four bedrooms or more, is/are the replacement units providing at least three bedrooms? Sept. 29, 2026
Item #9 Page 93 of 195
Attachment D
Sept. 29, 2026
Item #9 Page 94 of 195
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Item #9 Page 95 of 195
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Item #9 Page 96 of 195
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Item #9 Page 97 of 195
Sept. 29, 2026
Item #9 Page 98 of 195
From: Jonathan Frankel
To: Nicole Piano Jones
Cc: Danika Steele; Shannon Harker; Kevin Dunn
Subject: Re: Rincon Roosevelt (DEV2023-0105)
Date: Thursday, August 21, 2025 12:35:18 PM
Attachments: image001.png
image002.png
image003.png
Hi Nicole,
Thanks for your ongoing support with these requirements. The current property owner has indicated that several of the tenants have elected to move in the coming months as the project progresses toward construction. As a result, the units could be vacant when we assume ownership.

How would we provide the required notice in that case? I don't know if the landlord would be willing to provide forwarding addresses but we do not have any of their contact information.

Construction may not start for 18 - 24 months, and folks might move multiple times during that period.

Any guidance is appreciated.

Thanks,
Jonathan

On Tue, Aug 12, 2025 at 5:13 PM Nicole Piano Jones <
[email protected]> wrote:

Good afternoon,
Thank you for reaching out about this project. Regarding the manner of delivery, I would suggest priority mail, but that is just a suggestion. There isn’t a specific timeframe for the notices prior to project approval, however, the state law does require that tenants be given 6 months’ notice before the start of construction. Since we already know the incomes of the tenants, there isn’t a need to complete any additional certifications. The next steps will occur once the project is approved. We’ll request documentation that all tenant’s received the 6-month notice, and that the lower-income tenants were provided with relocation benefits and offered first right of refusal.

Please let me know if you have any additional questions, thank you.

Kind regards,
Attachment E
Sept. 29, 2026
Item #9 Page 99 of 195
Nicole Piano-Jones
Senior Program Manager
Housing & Homeless Services
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
www.carlsbadca.gov
[email protected]
Office: (442) 339-2191
Facebook | Twitter | You Tube | Pinterest |Enews
From: Danika Steele <[email protected]>
Sent: Friday, August 8, 2025 3:25 PM
To: Nicole Piano Jones <[email protected]> Cc: Jonathan Frankel <[email protected]>; Shannon Harker <[email protected]>; Kevin Dunn <[email protected]>
Subject: Re: Rincon Roosevelt (DEV2023-0105)
Hi Nicole,
Thank you for the comments and suggestions on the General Info Notice for Relocation Benefits at our 2747 Roosevelt project. The notice has been revised based on your input and a final version was resubmitted as part of the 4th Submittal package on Monday, August 4th. I am following up to ask what the next steps are, on our end, for delivering the notice. How do these notices get delivered and is there a time-frame in which it has to be sent out by? Any information that you could provide
on this process would be greatly appreciated.

I have attached both the Revised General Notice that was submitted to Shannon, and a copy of your returned redlines for your reference. Thank you for your time and assistance throughout this process!

Sept. 29, 2026
Item #9 Page 100 of 195
Appreciatively,
Danika Steele
Associate Planner
Direct Line: 760-625-6257
Email: [email protected]
Rincon Homes Inc
www.rincon-homes.com
5315 Avenida Encinas, #200
Carlsbad, CA 92008

On Mon, Jun 23, 2025 at 9:48
AM Nicole Piano Jones <[email protected]> wrote:

Good morning,
Thank you for following up. I do have some comments and suggestions on the letter you provided. I’ll be wrapping up our comments on the most recent resubmittal in the next couple days. I’ll include the comments on the letter with our other project comments.

Kind regards,
Nicole Piano-Jones
she | her | hers
Senior Program Manager
Housing & Homeless Services
Sept. 29, 2026
Item #9 Page 101 of 195
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
www.carlsbadca.gov
[email protected]
Office: (442) 339-2191
Facebook | Twitter | You Tube | Pinterest |Enews
From: Jonathan Frankel <[email protected]>
Sent: Thursday, June 19, 2025 12:55 PM
To: Nicole Piano Jones <[email protected]> Cc: Shannon Harker <[email protected]>; Kevin Dunn <[email protected]>; Danika Steele <[email protected]>
Subject: Re: Rincon Roosevelt (DEV2023-0105)
Hi Nicole,
Just wanted to follow up to see if you have had a chance to review the tenant notice. Thanks for any feedback.

Jonathan Frankel
Vice President, Forward Planning
Rincon Homes
5315 Avenida Encinas, Suite 200
Carlsbad, CA 92008
Direct: 925-708-3638
www.rincon-homes.com

Sept. 29, 2026
Item #9 Page 102 of 195
On Tue, Jun 3, 2025 at 4:34 PM Nicole Piano Jones <[email protected]> wrote:

Good afternoon, Jonathan,
Thank you for the opportunity to review. We’ll take a look and let you know if we have any suggestions, thank you.

Kind regards,
Nicole Piano-Jones
she | her | hers
Senior Program Manager
Housing & Homeless Services
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
www.carlsbadca.gov
[email protected]
Office: (442) 339-2191
Facebook | Twitter | You Tube | Pinterest |Enews
From: Jonathan Frankel <[email protected]>
Sept. 29, 2026
Item #9 Page 103 of 195
Sent: Tuesday, June 3, 2025 3:03 PM
To: Nicole Piano Jones <[email protected]> Cc: Shannon Harker <[email protected]>; Kevin Dunn <[email protected]>; Danika Steele <[email protected]>
Subject: Re: Rincon Roosevelt (DEV2023-0105)
Hi Nicole,
We have scheduled a resubmittal of this project on Friday but I wanted to pass along our draft notice that will be sent to the existing tenants informing them of their potential relocation benefits. We are certainly not experts on all of the benefits provided, so your input would be greatly appreciated.

Best,
Jonathan Frankel
Vice President, Forward Planning
Rincon Homes
5315 Avenida Encinas, Suite 200
Carlsbad, CA 92008
Direct: 925-708-3638
www.rincon-homes.com

On Fri, May 23, 2025 at 10:31
AM Jonathan Frankel <[email protected]> wrote:

Thanks, Nicole. Two floors would include affordable A1 and A3 units (floors 2 and 3).

There would be one A1 and one A3 unit on each floor. Then we would have one additional affordable A1 unit on floor 4. Three total A1 units and two total A3 units.

On Thu, May 22, 2025 at 5:06 PM Nicole Piano Jones
<
[email protected]> wrote:

Good evening, Jonathan,
We had a productive discussion with HCD yesterday about the location of affordable housing within a multi-family residential project and the replacement of a 30% AMI unit. We did not Sept. 29, 2026
Item #9 Page 104 of 195
obtain clear direction from HCD, however, anticipate that they will issue some kind of written response soon addressing both questions. Regarding the proposed affordable unit distribution, two floors would have the affordable units located as plan A1 (southern unit) and A3, and the third floor would be one A1 unit, is that correct? If that is the case, then yes it would meet the state requirement to not have the units isolated to a particular area of a floor.

Please let me know if you have any other questions in the meantime, thank you.

Kind regards,
Nicole Piano-Jones
she | her | hers
Senior Program Manager
Housing & Homeless Services
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
www.carlsbadca.gov
[email protected]
Office: (442) 339-2191
Facebook | Twitter | You Tube | Pinterest |Enews
From: Jonathan Frankel <[email protected]>
Sent: Wednesday, May 21, 2025 3:55 PM
Sept. 29, 2026
Item #9 Page 105 of 195
To: Nicole Piano Jones <[email protected]> Cc: Shannon Harker <[email protected]>; Kevin Dunn <[email protected]> Subject: Re: Rincon Roosevelt (DEV2023-0105)

Thank you, Nicole.

We will proceed accordingly.

If anything changes as a result of
your discussion with HCD, please let us know.

On Mon, May 19, 2025 at 1:53
PM Nicole Piano Jones
<[email protected]> wrote:

Good afternoon, Jonathan,

Thank you for offering that change. I think that should meet the requirement in State law.

We are discussing this project with HCD staff tomorrow and will bring up the proposed revisions you shared.

Kind regards,

Nicole Piano-Jones
she | her | hers
Senior Program Manager
Housing & Homeless Services
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
www.carlsbadca.gov

[email protected]
Sept. 29, 2026
Item #9 Page 106 of 195
Office: (442) 339-2191
Facebook | Twitter | You Tube | Pinterest |Enews
From: Jonathan Frankel <[email protected]>
Sent: Thursday, May 15, 2025 3:39 PM
To: Nicole Piano Jones <[email protected]> Cc: Shannon Harker <[email protected]>; Kevin Dunn <[email protected]>
Subject: Re: Rincon Roosevelt (DEV2023-0105)
Thank you for the direction, Nicole. If we moved two of the affordable units to the A3 floorplan, would that satisfy the isolation requirements? None of the affordable units would share a wall. We would then have three plan A1 units and two plan A3.

We could also select the A1 floorplan furthest to the south (page right shown below) as the affordable to create additional distance and avoid stacking.

We appreciate your feedback.

Sept. 29, 2026
Item #9 Page 107 of 195

On Wed, May 14, 2025 at 11:02
AM Nicole Piano Jones
<[email protected]> wrote:

Good morning, Jonathan,

Thank you for checking in. We submitted a technical assistance request to HCD for this project regarding the disbursement of affordable units and the replacement requirements. We have not received a response yet. As a reminder, the Health and Safety code section states:

“(2) A mixed-income multifamily structure shall not isolate the affordable housing units within that structure to a specific floor or an area on a specific floor.”

The project as proposed, isolates the affordable units to a specific area on each floor.

Kind regards,

Sept. 29, 2026
Item #9 Page 108 of 195
Nicole Piano-Jones
she | her | hers
Senior Program Manager
Housing & Homeless Services
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
www.carlsbadca.gov
[email protected]
Office: (442) 339-2191
Facebook | Twitter | You Tube | Pinterest |Enews
From: Jonathan Frankel <[email protected]>
Sent: Monday, May 12, 2025 9:40 AM
To: Nicole Piano Jones <[email protected]> Cc: Shannon Harker <[email protected]>; Kevin Dunn <[email protected]>
Subject: Re: Rincon Roosevelt (DEV2023-0105)
Good Morning Nicole,
We are preparing to resubmit this project shortly and I wanted to follow up with you regarding HSC Section 17929(a)(2) compliance. Can you please let me know if the location of the affordable units as proposed is acceptable? Sept. 29, 2026
Item #9 Page 109 of 195
Many thanks,
Jonathan
Jonathan Frankel
Vice President, Forward Planning
Rincon Homes
5315 Avenida Encinas, Suite 200
Carlsbad, CA 92008
Direct: 925-708-3638
www.rincon-homes.com

On Thu, May 1, 2025 at 2:21 PM Jonathan Frankel <
[email protected]>
wrote:

Hi Nicole,
I apologize for the confusion. There will be 15 1bd units in the project as listed. 5 affordable and 10 market rate. The A2 plan includes one bedroom and a den/office. We are going to make a note on the plans to make that clear. That unit has a window facing the hallway, so we are not proposing a bedroom in that location.

Further, this project submitted a complete SB 330 preliminary application on August 29, 2024. The inclusionary ordinance update that added the new language regarding bedroom count being commensurate with market rate units was finally passed on August 20, 2024. Pursuant to Govt. Code 36937, ordinances are effective 30 days after final passage (second reading). As a result, the ordinance was not effective until September 20, 2024. Accordingly, the project is not subject to the new bedroom count requirement and we will not need to use an incentive for this purpose.

You indicated on our call that you felt if the affordable units were sharing a wall, that would suggest the units are improperly located in one area of the building.

Is
that correct?
Sept. 29, 2026
Item #9 Page 110 of 195
Thanks,
Jonathan
Jonathan Frankel
Vice President, Forward Planning
Rincon Homes
5315 Avenida Encinas, Suite 200
Carlsbad, CA 92008
Direct: 925-708-3638
www.rincon-homes.com

On Thu, Apr 24, 2025 at 11:43
AM Nicole Piano Jones
<[email protected]> wrote:

Good morning, Jonathan,
I’m following up from our discussion yesterday about the Roosevelt project. You mentioned that the project was proposing six-one-bedroom units, five of which were to be designated as affordable. Looking at the most recent plan set, it shows a total of 15 one-bedroom units, of which 6 (A3) are 1,700+ sq feet and appear to actually be two-bedroom units. Would you please clarify? Kind regards,
Sept. 29, 2026
Item #9 Page 111 of 195
Nicole Piano-Jones
she | her | hers
Senior Program Manager
Housing & Homeless Services
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
www.carlsbadca.gov
[email protected]
Office: (442) 339-2191
Facebook | Twitter | You Tube | Pinterest |Enews
From: Nicole Piano Jones <[email protected]> Sent: Monday, April 21, 2025 4:26 PM
To: Jonathan Frankel <[email protected]>
Cc: Shannon Harker <[email protected]>; Kevin Dunn <[email protected]>
Subject: RE: Rincon Roosevelt (DEV2023-0105)
Good afternoon,
Confirmed, and yes, a meeting invite would be great. Also please share any specific questions you have prior to the meeting if possible to facilitate a productive meeting, thank you.

Sept. 29, 2026
Item #9 Page 112 of 195
Kind regards,
Nicole Piano-Jones
she | her | hers
Senior Program Manager
Housing & Homeless Services
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
www.carlsbadca.gov
[email protected]
Office: (442) 339-2191
Facebook | Twitter | You Tube | Pinterest |Enews
From: Jonathan Frankel <[email protected]>
Sent: Monday, April 21, 2025 2:42 PM
To: Nicole Piano Jones <[email protected]> Cc: Shannon Harker <[email protected]>; Kevin Dunn <[email protected]>
Subject: Re: Rincon Roosevelt (DEV2023-0105)
Thanks, Nicole. Wednesday 4/23 at 11am works well for me. I can send an invite if that is helpful.

Sept. 29, 2026
Item #9 Page 113 of 195
On Mon, Apr 21, 2025 at 10:52 AM Nicole Piano Jones
<[email protected]> wrote:

Good morning, Jonathan,
Thank you for confirming. I’d be happy to discuss the comments. I have availability today 4/21 at 12 noon, 4pm, or Wednesday, 4/23 at 11am, 2pm, or 4pm. Please let me know what day and time works best for you.

Kind regards,
Nicole Piano-Jones
she | her | hers
Senior Program Manager
Housing & Homeless Services
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
www.carlsbadca.gov
[email protected]
Office: (442) 339-2191
Facebook | Twitter | You Tube | Pinterest |Enews
From: Jonathan Frankel <[email protected]>
Sept. 29, 2026
Item #9 Page 114 of 195
Sent: Friday, April 18, 2025 9:49 AM
To: Nicole Piano Jones <[email protected]> Cc: Shannon Harker <[email protected]>; Kevin Dunn <[email protected]>
Subject: Rincon Roosevelt (DEV2023-0105)
Hi Nicole,
We are in receipt of your latest comments on this project and I wanted to see if you had time next week for a discussion of affordable unit distribution, bedroom count, and replacement unit relocation requirements.

Can you let me know your availability?
Many thanks!
Jonathan Frankel
Vice President, Forward Planning
Rincon Homes
5315 Avenida Encinas, Suite 200
Carlsbad, CA 92008
Direct: 925-708-3638
www.rincon-homes.com

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Sept. 29, 2026
Item #9 Page 115 of 195
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Sept. 29, 2026
Item #9 Page 116 of 195
1 3/24
/2026
RE: 274
7 – 2775 Roosevelt Street –Notice of Relocation Benefits 2747 R
OO
SEVELT, LLC, (Rincon Homes) is proposing to redevelop the property you previously occupied at 2775 Roosevelt Street , Carlsbad, CA, 92008. The project includes 33 for-sale condominium units, including affordable housing units reserved for lower-income individuals and households. This project is in the planning stages and is anticipated to be approved in summer of 2026.

Thi
s notice is to inform you of rights that former tenants of this property may under State law, the Housing Crisis Act1. If Rincon Homes proceeds with the development of the property, you are eligible for certain benefits. These benefits are described below.

Relocation Benefits
As a lower-income resident of the property at the time the development application was reviewed, you are eligible to receive the following relocation and housing assistance:

1. Relocation Payment
A monetary payment to assist with moving expenses and costs associated with securing a new residence. This amount will be determined based on your income and household size, as determined by the State of California tenant relocation guidelines.

2. Advisory Services
Assistance in locating comparable replacement housing, including referrals and guidance throughout your search process.

3. Moving Assistance
You may elect to receive direct moving services or a fixed moving expense allowance, depending on your preference.

4. Priority Right to Purchase
Upon completion of the new construction, you will be given the first opportunity to purchase one of the affordable units in the redeveloped project, should you wish to 1 Government Code Section 66330, 66300.5, and 66300.6
Attachment F
Sept. 29, 2026
Item #9 Page 117 of 195
2 become a homeowner. Additional details regarding pricing, qualifications, and the purchase process will be provided as the development nears completion.

First Right of Return
As a former tenant of the property, you are also entitled to:
• First Right of Return
Should the redevelopment project not proceed as planned and the original units remain, you will have the opportunity to return to your original unit or an equivalent one at your prior rental rate.

You will receive additional communications in the coming months with more details and a timeline for the next steps. The project is anticipated to be approved by the City of Carlsbad, in Summer of 2026. In the meantime, please feel free to contact us directly with any questions.

If 2747 ROOSEVELT, LLC, decides not to develop the property, you will be notified in writing.

Please contact us to confirm that you have received this information and that we have the correct and current contact information. Please do not hesitate to contact me in the event you have questions or concerns.

Sincerely,
Danika Steele
Associate Planner
2747 Roosevelt LLC
760-625-6257
[email protected]
You may also contact the City of Carlsbad with questions.

Nicole Piano-Jones
442-339-2191
[email protected]
Sept. 29, 2026
Item #9 Page 118 of 195
1 Ma
rch 24, 2026
RE
: 2775 Roosevelt Street –Notice of Right to Return
27 47
ROOSEVELT, LLC, (Rincon Homes) is proposing to redevelop the property you previously occupied at 2775 Roosevelt Street , Carlsbad, CA, 92008. The project includes 33 for-sale condominium units. This project is in the planning stages and is anticipated to be approved in summer of 2026.

Th
is notice is to inform you of rights that former tenants of this property have under State law, the Housing Crisis Act1. If Rincon Homes does not proceed with the development as proposed, you have a first right of return as described below.

First Right of Return
As a former tenant of the property, you are entitled to:
• First Right of Return
Should the redevelopment project not proceed as planned and the original units remain, you will have the opportunity to return to your original unit or an equivalent one at your prior rental rate.

You will receive additional communications in the coming months with more details and a timeline for the next steps. The project is anticipated to be approved by the City of Carlsbad, in Summer of 2026. In the meantime, please feel free to contact us directly with any questions.

If 2747 ROOSEVELT, LLC, decides not to develop the property, you will be notified in writing.

Please contact us to confirm that you have received this information and that we have the correct and current contact information. Please do not hesitate to contact me in the event you have questions or concerns.

1 Government Code Section 66330, 66300.5, and 66300.6
Attachment G
Sept. 29, 2026
Item #9 Page 119 of 195
2 Sincerely,
Danika Steele
Associate Planner
2747 Roosevelt LLC
760-625-6257
[email protected]
You may also contact the City of Carlsbad with questions.

Nicole Piano-Jones
442-339-2191
[email protected]
Sept. 29, 2026
Item #9 Page 120 of 195

Project contact information:
- City Project Planner: Shannon Harker, 442-339-2621, [email protected] - City Housing staff: Nicole Piano-Jones, 442-339-2191, [email protected] - Project Applicant: Jonathan Frankel, 925-708-3638, [email protected] Issue/Q
uestion:

The project applicant and previous property owner were not the same entity for the duration of the application review period. The applicant claims they did not have control over the decisions made by the previous owner and are not responsible for the owner terminating tenant’s occupancy and not providing the tenants with the required notice under the HCA.

Govern
ment Code section 66300.6(b) states a city shall not approve a development project that requires the demolition of occupied or vacant protected units, or that is located on a site where protected units were demolished in the previous five years, unless certain conditions are satisfied. Given the current facts and history, the conditions that the applicant cannot comply with under this subsection are found in section 66300.6(b)(3)(A):
• Conti
nued occupancy - Any existing occupants will be allowed to occupy their units until six months before the start of construction activities.
• Notice - The project proponent shall provide existing occupants with written notice of the planned demolition, the date they must vacate, and their rights under this section. Notice shall be provided at least six months in advance of the date that existing occupants must vacate.

Since
Government Code section 66300.6(b) precludes a city from approving a development project that will demolish an occupied or vacant protected unit unless all the requirements of that subsection are satisfied, the city questions how the project can be approved. At this time the city will not recommend approval of this project unless it complies with the law. The city believes it is required to recommend denial of the application based on the information it has learned since the Planning Commission hearing, unless there is clarification from HCD that the applicant can remedy a violation of the Housing Crisis Act.

Can a p
roject proponent remedy a violation of the Housing Crisis Act, under Government Code section 66300.6(b)(3)(A), if the prior property owner prohibited continued occupancy and neither the owner or project applicant provided notice to the then existing occupants? The project proponent represented to the city that they would like confirmation from HCD on how they plan to remedy the violation, so the city is attaching their question in a separate document in the portal.

Attachment H
Sept. 29, 2026
Item #9 Page 121 of 195
Danika Steele <[email protected]>
2 messages
Fri, Apr 24, 2026 at 12:29 PM
To: [email protected]
Hello,
I’m contacting you to confirm that I received your email regarding the new project and what would occur if it doesn’t not develop. You have the correct contact information for me. Thank you for contacting me.

Respectfully,
Danika Steele <[email protected]> Fri, Apr 24, 2026 at 1:06 PM To: Jonathan Frankel <[email protected]>
Got one from
Danika Steele
Associate Planner
Direct Line: 760-625-6257
Email: [email protected]
Rincon Homes Inc
www.rincon-homes.com
5315 Avenida Encinas, #200
Carlsbad, CA 92008
[Quoted text hidden]
5/11/26, 2:34 PM Rincon Real Estate Group Mail -
https://mail.google.com/mail/u/0/?ik=31d8675982&view=pt&search=all&permthid=thread-f:1863381409602903840&simpl=msg-f:18633814096029038… 1/1 Attachment I
Sept. 29, 2026
Item #9 Page 122 of 195
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Item #9 Page 124 of 195
Danika Steele <[email protected]>
Important Notice – Former Tenant Benefits | 2775 Roosevelt Street, Carlsbad Tue, May 12 at 5:49 PM
To: Danika Steele <[email protected]>
Yes I’ve received this, thanks!
[Quoted text hidden]
Sept. 29, 2026
Item #9 Page 125 of 195
Sept. 29, 2026
Item #9 Page 126 of 195
Danika Steele <[email protected]>
Re: 2775 Roosevelt Carlsbad
2 messages
Tue, May 5, 2026 at 11:13 AM
To: Danika Steele <[email protected]>
Hello Danika,
I’ve recently reached out via voicemail but haven’t heard back yet. I received your letter for the services leaving the residence at 2775 Roosevelt St. I did find a bill from the moving company so just wanted to know what were next steps there.
thank you,
Danika Steele <[email protected]> Tue, May 5, 2026 at 1:43 PM To:

Hi ,
I think we are playing phone tag. Is there a specific time that works best for you to take a call? Thanks,
Danika Steele
Associate Planner
Direct Line: 760-625-6257
Email: [email protected]
Rincon Homes Inc
www.rincon-homes.com
5315 Avenida Encinas, #200
Carlsbad, CA 92008
[Quoted text hidden]
5/11/26, 2:31 PM Rincon Real Estate Group Mail - Re: 2775 Roosevelt Carlsbad https://mail.google.com/mail/u/0/?ik=31d8675982&view=pt&search=all&permthid=thread-f:1864373201366184394&simpl=msg-f:18643732013661843… 1/1 Sept. 29, 2026
Item #9 Page 127 of 195
Danika Steele <[email protected]>
Important Notice – Former Tenant Benefits | 2775 Roosevelt Street, Carlsbad 9 me age
Danika Steele <[email protected]> Mon, Apr 13, 2026 at 10:02 AM To
Hi
with Golden Key Properties provided your contact information regarding your prior tenancy at 2775 Roosevelt Street in Carlsbad. My firm i developing thi property Plea e ee the attached notice regarding potential benefits provided to former tenants.

You may be eligible for relocation benefits.

If you have any questions, please let me know. Please confirm receipt of this email.

Sincerely,
2 attachments
CT 2024-0008 - General Info Notice for Relocation Benefits - pdf 154K
CT 2024-0008 - Right of Return Notice - .pdf
63K
Danika Steele d teele@rincongrp com Mon, Apr 13, 2026 at 10 33 AM To
Sorry, following up because my contact information wasn't included in that email. See the direct contact information below.

Appreciatively,
Danika Steele
Associate Planner
Direct Line 760 625 6257
Email: [email protected]
Rincon Homes Inc
www.rincon-homes.com
5315 Avenida Encina , #200
Carlsbad, CA 92008
[Quoted text hidden]
To: Danika Steele <[email protected]>
Thank you for the information!
[Quoted text hidden]
Danika Steele d teele@rincongrp com Mon, Apr 13, 2026 at 11 25 AM To:

Hi
Thank for confirming receipt of the info! Plea e don't he itate to reach out if you have any que tion Although you have already moved from the 2747 Roosevelt property, you are still eligible for these benefits and we encourage you to take advantage of them! If thi project i approved and move forward, we will contact you again with more e plicit information and detail for applying for your relocation benefit The e benefit can Potentially reimbur e for moving co t , new re idence depo it , new rental application fee , and the fir t few month ' rent Keep your eyes out for more information!
Appreciatively,
Danika Steele
Associate Planner
Direct Line 760 625 6257
Email: [email protected]
Rincon Homes Inc
www.rincon-homes.com
5315 Avenida Encina , #200
Carlsbad, CA 92008
[Quoted text hidden]
To: Danika Steele <[email protected]>
Sept. 29, 2026
Item #9 Page 128 of 195
Hi Danika,
I’m intere ted in more information regarding re location benefit Thank you!
[Quoted text hidden]
Danika Steele <[email protected]> Thu, Apr 23, 2026 at 3:28 PM To: Jonathan Frankel <[email protected]>
Confirmation of receipt of notice from
Danika Steele
Associate Planner
Direct Line: 760-625-6257
Email d teele@rincongrp com
Rincon Homes Inc
www.rincon-homes.com
5315 Avenida Encinas, #200
Carl bad, CA 92008
[Quoted text hidden]
Danika Steele <[email protected]> Fri, Apr 24, 2026 at 12:09 PM To:

Hi
I hope you’re doing well!
I wanted to check in to see if you are related to or in contact with . If so, could you please encourage to respond to the recent email confirming receipt of the relocation information? We want to ensure we stay in touch and continue sharing updates as they become available.

As a reminder, specific details and the full scope of benefits have not yet been established. Our goal at this stage is simply to ensure we have contact with all previous tenants so we can provide timely information regarding relocation and right-to-return benefits as the process moves forward.

Please let me know if you have any questions, and thank you for your time! :) Appreciatively,
Thank you!
Danika Steele
A ociate Planner
Direct Line: 760-625-6257
Email: [email protected]
Rincon Homes Inc
www rincon home com
5315 Avenida Encinas, #200
Carlsbad, CA 92008
[Quoted text hidden]
To: Danika Steele <[email protected]>
Hi Danika,
Yes, is my . We recieved the letters sent by mail this week.

Thank you
With gratitude,
[Quoted text hidden]
Danika Steele <[email protected]> Fri, Apr 24, 2026 at 12:23 PM To:

Thank you for the confirmation! Keep a lookout for more info and detail Hope you have a great weekend! Thanks :)
Danika Steele
A ociate Planner
Direct Line: 760-625-6257
Email: [email protected]
Rincon Homes Inc
www rincon home com
5315 Avenida Encinas, #200
Carlsbad, CA 92008
[Quoted text hidden]
Sept. 29, 2026
Item #9 Page 129 of 195
From: Nicole Piano Jones
To:

Cc:

Subject: RE: 2775 Roosevelt St., Carlsbad
Date: Tuesday, May 5, 2026 10:48:00 AM
Attachments: image001.png
Good morning,
Thank you for getting in touch and appreciate you sharing this update. I’m sorry to hear that you’ve not been able to reach Danica. City staff is scheduled to meet with the developer, Rincon, tomorrow to discuss this project and I’ll be sure to inquire about their efforts to connect with former tenants.

I’ll circle back later this week. Thank you.

Kind regards,
Nicole Piano-Jones
Senior Program Manager
Housing & Homeless Services
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
www.carlsbadca.gov
[email protected]
Office: (442) 339-2191
Facebook | Twitter | You Tube | Pinterest |Enews
From:

Sent: Monday, May 4, 2026 5:06 PM
To: Nicole Piano Jones <[email protected]> Cc:

Subject: Re: 2775 Roosevelt St., Carlsbad
Hello Nicole, just wanted to reach out and provide you an update. I did receive a letter from the management company about services. I found an invoice from the moving company for September 2025. I’ve been trying to get in contact with Danica, but have been unable to do so.

I’ll keep calling and leaving voicemails just wanted to keep you in the loop if needed.

Sept. 29, 2026
Item #9 Page 130 of 195
Best regards,
On Apr 13, 2026, at 2:04 PM, Nicole Piano Jones
<[email protected]> wrote:

Good afternoon,
Thank you for getting in touch. We wanted to connect to better understand information that has been communicated to you about the new residential development project, proposed at your former residence. Are you available to speak over the phone this afternoon? If so, I’m available until 4pm today, or anytime tomorrow. Please let me know when works best for you and the number where I can reach you, thank you.

Kind regards,
<image001.png>
Nicole Piano-Jones
Senior Program Manager
Housing & Homeless Services
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
www.carlsbadca.gov
[email protected]
Office: (442) 339-2191
Facebook | Twitter | You Tube | Pinterest |Enews
From:

Sent: Monday, April 13, 2026 10:44 AM
To: Nicole Piano Jones <[email protected]> Cc:

Subject: Re: 2775 Roosevelt St., Carlsbad
Hello Nicole,
Sept. 29, 2026
Item #9 Page 131 of 195
I just gave you a call but didn’t leave a message. I was interested in knowing more about the communication on this as I just received a follow up I believe from a housing company so wanted to follow up and confirm/verify.

I apologize for the delay. This email doesn’t get used often so I responded back using my current email which is how the housing company contacted me Thank you
On Mar 12, 2026, at 5:17 PM, Nicole Piano Jones
<[email protected]
> wrote:

Good afternoon,
As you have been made aware, a residential development application is proposed at the property in which resided at 2775 Roosevelt Street , Carlsbad, CA 92008.

In 2023, the city began reviewing this development project application, including the existing tenant information. Our office (Housing & Homeless Services) reviewed your Tenant Income Certification Form and determined that you may be eligible for benefits. The project is moving forward towards final approval, and Housing & Homeless services staff recently learned that all the units on the property are now vacant. We believe that there may have been some confusion about this information and wanted to check in with you to make sure you received the appropriate notices regarding the proposed project and potential benefits to which you may be entitled.

We would greatly appreciate if you would get in touch with us to Sept. 29, 2026
Item #9 Page 132 of 195
Sept. 29, 2026
Item #9 Page 133 of 195
Sept. 29, 2026
Item #9 Page 134 of 195
Caitlin Petrush <[email protected]>
2775 Roosevelt St, Carlsbad - Notice mailed 7.13.26
Thu, Jul 30, 2026 at 12:12 AM
To: Caitlin Petrush <[email protected]>
Cc: Jonathan Frankel <[email protected]>
Hi Caitlin,
Yes I did receive the notice, but I have not lived at this property since April of last year.

With thi in mind, I am declining thi offer
Best,
[Quoted text hidden]
7/30/26, 11:22 AM Rincon Real Estate Group Mail - 2775 Roosevelt St, Carlsbad - Notice mailed 7.13.26 https://mail.google.com/mail/u/0/?ik=e0490d1f3a&view=pt&search=all&permmsgid=msg-f:1872122946231802575&simpl=msg-f:1872122946231802575 1/1 Sept. 29, 2026
Item #9 Page 135 of 195
Caitlin Petrush <[email protected]>
2775 Roosevelt St, Carlsbad - Notice mailed 7.13.26
Fri, Aug 7, 2026 at 4:30 PM
To: Jonathan Frankel <[email protected]>
Cc: Caitlin Petrush <[email protected]>
Hey Jonathan,
Thanks for chatting with me the other day. I decided it’s best I don’t move back into the apartments.

Best,
[Quoted te t hidden]
8/7/26, 4:51 PM Rincon Real Estate Group Mail - 2775 Roosevelt St, Carlsbad - Notice mailed 7.13.26 https://mail.google.com/mail/u/0/?ik=e0490d1f3a&view=pt&search=all&permmsgid=msg-f:1872909227006195179&simpl=msg-f:1872909227006195179 1/1 Sept. 29, 2026
Item #9 Page 136 of 195
Caitlin Petrush <[email protected]>
2775 Roosevelt St, Carlsbad - Notice mailed 7.13.26
Fri, Jul 31, 2026 at 9:43 AM
To: Caitlin Petrush <[email protected]>
Cc: [email protected]
Hello Caitlin, thank for following up
I have received this email and I also received a letter. Please see the attachment.

Please let me know if anything else is needed for the benefits dated on the March 24th 2026.

Best,
On Jul 29, 2026, at 3 58 PM, Caitlin Petru h cpetru h@rincongrp com wrote Hi
I am following up on the notice ent to you Can you plea e confirm that you received it? Please reach out with any questions.

Thank you,
Caitlin
---------- Forwarded message ---------
From Caitlin Petru h cpetru h@rincongrp com
Date: Tue, Jul 14, 2026 at 2:46 PM
Subject: 2775 Roosevelt St, Carlsbad - Notice mailed 7.13.26 To:

Hello,
Plea e review the attached Supplemental Notice Right to Return at Prior Rental Rate (until i month before con truction) regarding 2775 Roo evelt Street, Carl bad, California, which ha al o been ent to you via certified mail Please complete the form on page 3 and return it by August 1, 2026. Instructions for returning the completed form are provided on page 4 or you can respond to this email.

If you do not re pond by the deadline, you are electing to DECLINE thi offer Please let me know if you have any questions.

Thank you,
--
Caitlin Petrush
Sales & Marketing Manager
Rincon Homes, Inc.
5315 Avenida Encinas, Suite 200
Carlsbad, CA 92008
c 760 707 7372 | o 888 357 3553
e:
[email protected] | w: rincon-homes.com
DRE# 01757241
--
Caitlin Petrush
Sales & Marketing Manager
Rincon Homes, Inc.
5315 Avenida Encinas, Suite 200
Carlsbad, CA 92008
c 760 707 7372 | o 888 357 3553
e:
[email protected] | w: rincon-homes.com
DRE# 01757241
7/31/26, 11:12 AM Rincon Real Estate Group Mail - 2775 Roosevelt St, Carlsbad - Notice mailed 7.13.26 https://mail.google.com/mail/u/0/?ik=e0490d1f3a&view=pt&search=all&permmsgid=msg-f:1872249473316235764&simpl=msg-f:1872249473316235764 1/2 Sept. 29, 2026
Item #9 Page 137 of 195
Sept. 29, 2026
Item #9 Page 138 of 195
Caitlin Petrush <[email protected]>
2775 Roosevelt St, Carlsbad - Notice mailed 7.13.26
Fri, Jul 31, 2026 at 1:55 PM
To: Caitlin Petrush <[email protected]>
Cc: Jonathan Frankel <[email protected]>,
Hi Caitlin,
Thank you for the offer. While we would have been happy to stay longer, it does not make sense for us to move back at this point.

That said, we are very interested in the condos once they are completed.

With gratitude,
[Quoted text hidden]
7/31/26, 2:27 PM Rincon Real Estate Group Mail - 2775 Roosevelt St, Carlsbad - Notice mailed 7.13.26 https://mail.google.com/mail/u/0/?ik=e0490d1f3a&view=pt&search=all&permmsgid=msg-f:1872265332113484129&simpl=msg-f:1872265332113484129 1/1 Sept. 29, 2026
Item #9 Page 139 of 195
Sept. 29, 2026
Item #9 Page 140 of 195
discuss this matter. I’m available by phone at (442) 339-2191 or email [email protected]. You are also welcome to come to our office in person, located at 1200 Carlsbad Village Drive, Carlsbad, CA 92008. If you’d like to meet in person, please let me know and we can designate a day and time.

Thank you and kind regards,
<image001.png>
Nicole Piano-Jones
Senior Program Manager
Housing & Homeless Services
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
www.carlsbadca.gov
[email protected]
Office: (442) 339-2191
Facebook | Twitter | You Tube | Pinterest |Enews
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.

CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.

Sept. 29, 2026
Item #9 Page 141 of 195

2747 ROOSEVELT, LLC (Rincon Homes)
Tel: (925) 708-3638 | Email: [email protected]
July 13, 2026
Re: Supplemental Notice — Right to Return at Prior Rental Rate (until six months before construction); 2775 Roosevelt Street, Carlsbad, California, Dear :

This letter supplements the Notice of Relocation Benefits dated March 24, 2026 that 2747 ROOSEVELT, LLC (Rincon Homes) previously sent to you regarding your prior tenancy and planned redevelopment of the property located at 2775 Roosevelt Street, Carlsbad, California.

This letter does not change anything in the prior notice. The relocation benefits, advisory services, moving assistance, priority right to purchase, and conditional first right of return described in that notice all remain in effect.

The purpose of this letter is to extend to you the right to return to a unit at the Property at your prior rental rate, on a month- to-month basis, until six (6) months before the start of construction.

The Offer
If you choose to accept, 2747 ROOSEVELT, LLC will enter into a written month- to-month rental agreement with you on the following terms:

1. Unit. Your prior unit, or, if it is not available, a comparable unit at the Property (similar bedroom and bathroom count and approximate square footage).

2. Rent. Monthly rent equal to the rent you were paying immediately before the non- renewal of your prior tenancy. No rent increase will be imposed during this Return Tenancy.

3. Term and end date. The Return Tenancy will be month-to-month and will terminate six months prior to the start construction of the proposed project. We currently anticipate construction will begin in June of 2027. As such, you would potentially be required to vacate by December 2026. However, this timeline could be longer or shorter depending on when construction begins. You will receive written confirmation of the actual end date no fewer than sixty (60) days in advance.

4. Move-in. If you accept, your move-in will occur within thirty (30) days after the rental agreement is signed, or such later date as we mutually agree.

5. All other benefits remain in effect. Acceptance of this Return Tenancy does not waive or reduce any of the relocation benefits, advisory services, moving assistance, priority Attachment J
Sept. 29, 2026
Item #9 Page 142 of 195

right to purchase, or conditional first right of return described in the Notice of Relocation Benefits dated March 24, 2026, or any other right you have under California law.

How to Accept; Deadline
To accept this offer, please complete and sign the Response Form attached as Attachment A and return it to the contact below no later than August 1, 2026. If you do not respond, this specific Return Tenancy offer will lapse, but every benefit described in the Notice of Relocation Benefits dated March 24, 2026 will remain available to you. You may also call us before the deadline if you have questions or need help.

Questions? Contact Us!
Jonathan Frankel, 2747 ROOSEVELT, LLC (Rincon Homes)
Telephone: (925) 708-3638 | Email: [email protected] Sincerely,
____________________________________
Jonathan Frankel
2747 ROOSEVELT, LLC (Rincon Homes)
Sept. 29, 2026
Item #9 Page 143 of 195

ATTACHMENT A
Response Form — Right to Return at Prior Rental Rate
Please complete this form and return it by August 1, 2026. Return methods are listed below. If you do not respond by the deadline, you are electing to DECLINE this offer.

Former tenant name(s) Former unit number
Current mailing address Phone
Email Date moved out (mm/dd/yyyy)
Your Election (check ONE box)
☐ Option 1 — I ACCEPT the Return Tenancy. I want to move back into my prior unit (or a comparable unit at the Property) at my prior rent, on a month-to-month basis ending no later than six months prior to construction of the proposed development project, which may be subject to change.
☐ Option 2 — I DECLINE the Return Tenancy. I understand that all other benefits described in the Notice of Relocation Benefits dated March 24, 2026 (relocation payment, advisory services, moving assistance, priority right to purchase, and conditional first right of return) remain available to me.

Acknowledgment
By signing below, I acknowledge that I have read this Supplemental Notice and my election above is voluntary.

Signature of Former Tenant Date
Print Name Phone
Sept. 29, 2026
Item #9 Page 144 of 195

How to Return This Form
• By email to: [email protected]
• By mail to: 2747 ROOSEVELT, LLC (Rincon Homes), attn. Jonathan Frankel, 5315 Avenida Encinas, Suite 200 Carlsbad, CA 92008
• By telephone (to request in-person assistance or a Spanish-language version):
925-708-3638
If postmarked or sent by August 1, 2026, your response will be timely.

Sept. 29, 2026
Item #9 Page 145 of 195
From: Mike Strong
To: "[email protected]"
Cc: Dalton Sorich; Eric Lardy; Shannon Harker; Mandy Mills; Nicole Piano Jones Subject: RE: 2747-2775 Roosevelt St. - tenant protections under the HCA (HAU 3433) - HCD / City of Carlsbad Date: Wednesday, August 12, 2026 5:23:00 PM
Attachments: image001.gif
image002.png
image003.png
image004.png
image005.png
image006.png
Stephanie,
We appreciate HCD’s on-going technical assistance to help cities and counties address recent legislative changes and the processing of land use development projects.

The latest issue in the City of Carlsbad involving tenant protection under the HCA remains a critical issue for the city, as its action to approve or deny the project would raise questions from impacted parties and set precedence for other projects in the city and elsewhere in the region.

For additional background information regarding the city’s inquiry, please refer to “2747-2775 Roosevelt St. - tenant protections under the HCA (HAU 3433).” The city wants to comply with various state housing laws that are designed to prevent displacement of existing tenants when housing is demolished or replaced. The city received a verbal response from HCD to the question that was presented; however, it wasn’t fully responsive to the city’s question that was being asked.

The applicant claims they did not have control over the decisions made by the previous owner and are not responsible for the owner terminating tenant’s occupancy and not providing the tenants with the required notice under the HCA. Government Code section 66300.6(b) states a city shall not approve a development project that requires the demolition of occupied or vacant protected units, or that is located on a site where protected units were demolished in the previous five years, unless certain conditions are satisfied. Given the current facts and history, the conditions that the applicant cannot comply with under this subsection are found in section 66300.6(b)(3)(A):

Continued occupancy - Any existing occupants will be allowed to occupy their units until six months before the start of construction activities.

Notice - The project proponent shall provide existing occupants with written notice of the planned demolition, the date they must vacate, and their rights under this section. Notice shall be provided at least six months in advance of the date that existing occupants must vacate.

Since Government Code section 66300.6(b) precludes a city from approving a development project that will demolish an occupied or vacant protected unit unless all the requirements of that subsection are satisfied, the city questions how the project can be approved. City staff cannot recommend approval of this project unless it complies with the law, and the verbal response provided to city staff is ambiguous whether the final decision makers at the city can legally approve Attachment K
Sept. 29, 2026
Item #9 Page 146 of 195
the project. Since HCD did not provide written guidance, the city has additional questions:

Isn’t the city’s decision-making body required to deny a project that is in violation of Government Code section 66300.6(b)?
Would the city be in violation of the Housing Accountability Act, Discrimination in Law Use, Affirmatively Furthering Fair Housing if this project is denied by the decision-making body (based on the specific circumstances)?
Can the applicant cure or remedy the violation of the HCA, under Government Code section 66300.6(b)(3)(A), if the prior property owner prohibited continued occupancy and neither the owner nor project applicant provided notice to the then existing occupants? We were hoping to circle back to the original city request referenced above in this email. The purpose of this email to ask HCD to reconsider the full scope of the inquiry and reconsider its approach to providing feedback to the city (the city is requesting guidance in the form of a letter or technical advisory). Verbal guidance from HCD, rather than having something in writing, does not clarify the matter. Ideally, we would have something in writing that can be attached to the administrative record for the decision makers to consider prior to making a final decision on the application.

The city continues to promote the development of new housing and has approved numerous housing projects over the past several years with zero having been denied. The city’s actions follow a standing obligation to reduce housing segregation, preserve and maintain housing, remove barriers to housing production, and ensure every local government contributes to meeting housing demand.

Since it is anticipated that the displaced residents will attend the public hearing and speak against the project, there will be a detailed conversation about the city’s role in the decision-making process; and HCD oversight and enforcement of HCA compliance. Unless the city receives a formal determination from HCD, the decision-making body will not be able to determine whether an applicant may cure a violation of the HCA by displacing existing tenant prior to approval of the final decision-making body. Without such confirmation, the decision-making body will not receive a recommendation to approve the project. The city believes it is required to recommend denial of the application based on the information it has learned since the Planning Commission hearing, unless there is clarification from HCD in writing that the applicant can remedy a violation of the HCA prior to a city’s approval of the project.

Mike Strong
Director of Community Development
Sept. 29, 2026
Item #9 Page 147 of 195
Community Development Department
1635 Faraday Ave.

Carlsbad, CA
92008
From: Reyes, Stephanie@HCD <[email protected]> Sent: Tuesday, July 14, 2026 12:28 PM
To: Nicole Piano Jones <[email protected]> Subject: RE: 2747-2775 Roosevelt St. - tenant protections under the HCA (HAU 3433) - HCD / City of Carlsbad
Hi Nicole,
I just left you a voice mail – please listen to it when you have a chance.

Best,
Stephanie
Stephanie Reyes (Pronouns: she/they)
Senior Housing Policy Specialist | Housing Accountability Unit Housing Policy Development Division
California Department of Housing and Community Development

651 Bannon Street, Suite 400 | Sacramento, CA 95811
Phone: 916.776.3994
All HCD technical assistance and enforcement letters are available here:
https://www.hcd.ca.gov/hau/enforcement-letters
.

From: Nicole Piano Jones <
[email protected]>
Sent: Friday, July 10, 2026 5:35 PM
To: Reyes, Stephanie@HCD <[email protected]>
Cc: Mike Strong <[email protected]>; Dalton Sorich <[email protected]>; Mandy Mills <[email protected]>; Shannon Harker <[email protected]>; Eric Lardy <[email protected]>
Subject: RE: 2747-2775 Roosevelt St. - tenant protections under the HCA (HAU 3433) - HCD / City of Carlsbad
Good evening, Stephanie, Thank you for meeting with the City of Carlsbad staff to discuss our request for HCD technical assistance submitted on May 27, 2026 (HAU 3433). The request was seeking HCD guidance regarding a projects eligibility for

Good evening, Stephanie,
Thank you for meeting with the City of Carlsbad staff to discuss our request for HCD technical assistance submitted on May 27, 2026 (HAU 3433). The request was seeking HCD guidance regarding a projects eligibility for a density bonus after learning of an owner’s non-compliance with tenant noticing and continued occupancy requirements under the Housing Crisis Act (HCA). We appreciate your thorough review of our request and the prompt resolution. We understand that the Sept. 29, 2026
Item #9 Page 148 of 195
HCD will not be providing the city with a formal written response to our request, but request you confirm our understanding of HCD’s position:

The project was required to allow tenants to remain in their units until six (6) months prior to the expected date of construction.

The tenants were required to vacate in 2024 by owner (not applicant), without receiving any notification or information regarding their rights under the HCA.

After city staff brought up concern over the ability to approve the project due to the noncompliance with HCA, applicant proposed to remedy the HCA violation by notifying the former tenants of their right to return to the property at their prior rental rate for a brief period of time, until six (6) months prior to construction.

While the tenants were not properly noticed regarding their rights under the HCA or allowed to remain in their units, HCD considers the developers proposed remedy as a satisfactory remedy to comply with the HCA as a compromise in trying to balance competing goals of unit production and tenant protection.

The City of Carlsbad’s approval of this project would not be in violation of HCA.

Can you confirm our understanding of HCD’s position is accurate? Thank you again. We appreciate HCD’s assistance in this matter.

Kind regards,
Nicole Piano-Jones
Senior Program Manager
Housing & Homeless Services
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
www.carlsbadca.gov
[carlsbadca.gov]
[email protected]
Office: (442) 339-2191
Facebook [facebook.com] | Twitter [twitter.com] | You Tube [youtube.com] | Pinterest [pinterest.com] |Enews [visitor.r20.constantcontact.com] From: Eric Lardy <[email protected]>
Sent: Thursday, July 9, 2026 1:42 PM
To: Reyes, Stephanie@HCD <[email protected]>; Shannon Harker Sept. 29, 2026
Item #9 Page 149 of 195
<[email protected]>
Cc: Mike Strong <[email protected]>; Dalton Sorich <[email protected]>; Mandy Mills <[email protected]>; Nicole Piano Jones <[email protected]>
Subject: RE: 2747-2775 Roosevelt St. - tenant protections under the HCA (HAU 3433) - HCD / City of Carlsbad
Thank you for meeting, as follow up this is the information. 2747-2775 Roosevelt St. – APNs 203-101-12, 203-181-16 and 203-181-10 as stated on the applicant’s P-1(A) are correct.

Carlsbad Station – The Housing Element correctly identifies the APN for this project as 203- 181-16. This is also one of the APNs for the Roosevelt St. project. However, the approval for Carlsbad Station expired in 2024.

Seaglass – The Housing Element also correctly identifies the APN for Seaglass as 203-101-20.

This APN and APN 203-101-12 of the Roosevelt St. project look similar, especially when viewed in the Housing Element, which doesn’t use hyphens to separate the numbers of the APN.

Thanks,
Eric Lardy, AICP
Assistant Director of Community Development
Community Development Department
City of Carlsbad
1635 Faraday Ave.

Carlsbad, CA 92008
www.carlsbadca.gov
[carlsbadca.gov]
442-339-2712| [email protected]
Facebook [facebook.com] | Twitter [twitter.com] | You Tube [youtube.com] | Pinterest [pinterest.com] |Enews [visitor.r20.constantcontact.com] -----Original Appointment-----
From: Reyes, Stephanie@HCD <[email protected]> Sent: Wednesday, July 8, 2026 9:28 AM
To: Reyes, Stephanie@HCD; Eric Lardy; Shannon Harker
Sept. 29, 2026
Item #9 Page 150 of 195
Cc: Mike Strong; Dalton Sorich; Mandy Mills; Nicole Piano Jones Subject: 2747-2775 Roosevelt St. - tenant protections under the HCA (HAU 3433) - HCD / City of Carlsbad
When: Thursday, July 9, 2026 1:30 PM-2:00 PM (UTC-08:00) Pacific Time (US & Canada).

Where: Microsoft Teams Meeting
________________________________________________________________________________ Microsoft Teams meeting
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________________________________________________________________________________ _____________________________________________
From: Eric Lardy <[email protected]>
Sent: Tuesday, July 7, 2026 5:07 PM
To: Reyes, Stephanie@HCD <[email protected]>; Shannon Harker <[email protected]>
Cc: Mike Strong <[email protected]>; Dalton Sorich <[email protected]>; Mandy Mills <[email protected]>; Nicole Piano Jones <[email protected]>
Sept. 29, 2026
Item #9 Page 151 of 195
Subject: RE: 2747-2775 Roosevelt St. - tenant protections under the HCA (HAU 3433) Stephanie, Thank you for reaching out. We are double checking and will still get back to you on the status of those projects/parcels. Thursday our team is available at 1: 30 p. m. Would you like us to send a scheduler? Eric Lardy, AICP Assistant

Stephanie,
Thank you for reaching out. We are double checking and will still get back to you on the status of those projects/parcels.

Thursday our team is available at 1:30 p.m. Would you like us to send a scheduler? Eric Lardy, AICP
Assistant Director of Community Development
Community Development Department
City of Carlsbad
1635 Faraday Ave.

Carlsbad, CA 92008
www.carlsbadca.gov
[carlsbadca.gov]
442-339-2712| [email protected]
Facebook [facebook.com] | Twitter [twitter.com] | You Tube [youtube.com] | Pinterest [pinterest.com] |Enews [visitor.r20.constantcontact.com] From: Reyes, Stephanie@HCD <[email protected]> Sent: Tuesday, July 7, 2026 3:48 PM
To: Shannon Harker <[email protected]>
Cc: Eric Lardy <[email protected]>; Mike Strong <[email protected]>; Dalton Sorich <[email protected]>; Mandy Mills <[email protected]>; Nicole Piano Jones <[email protected]>
Subject: RE: 2747-2775 Roosevelt St. - tenant protections under the HCA (HAU 3433) Hi Carlsbad team,
While I’m still curious about the questions below, it turns out I was able to come to a resolution on your case without the answers to those questions. Can we set up a call for me to share that resolution? Here are some times that work for me in the coming week:

Weds 7/8, 9-10, 10:30-2:30, or 3-4
Thurs 7/9, 9-10, 10:30-11:30, or 12-2
Fri 7/10, 9-9:30, 10:30-12, or 1:30-2:30
Sept. 29, 2026
Item #9 Page 152 of 195
Mon 7/13, 9-4:30
Tues 7/14, 10:30-2 or 3:30-4:30
Please let me know what works for you and I can send a calendar invitation for a Teams meeting.

Best,
Stephanie
From: Reyes, Stephanie@HCD
Sent: Thursday, July 2, 2026 1:49 PM
To:
'Shannon Harker' <[email protected]>
Cc: Eric Lardy <[email protected]>; Mike Strong <[email protected]>; Dalton Sorich <[email protected]>; Mandy Mills <[email protected]>; Nicole Piano Jones <[email protected]>
Subject: RE: 2747-2775 Roosevelt St. - tenant protections under the HCA (HAU 3433) Hi Carlsbad team,
I’m finishing up my analysis for this case and realized I have a clarifying question.

On the applicant’s P-1(A), they list the APNs for the project as 203-101-12, 203-181-16, 203- 181-10 – three adjacent parcels on Roosevelt (listed in the application as 2747-2775 Roosevelt).

One thing HCD always does with questions about a project is determine whether the project is on a housing element site. I looked for those APNs in Carlsbad’s housing element and it appears that:
203-101-12 is included as a pending or approved project (“The Seaglass”) for 8 above- mod units
203-181-16 is included as a pending or approved project (“Carlsbad Station”) for 79 units (71 above-mod and 8 mod)
Can you shed some light on this? Am I misunderstanding something? Or did one or both of those projects fall through?
Thanks in advance,
Stephanie
From: Shannon Harker <[email protected]>
Sent: Tuesday, June 9, 2026 4:41 PM
To: Reyes, Stephanie@HCD <[email protected]>
Cc: Eric Lardy <[email protected]>; Mike Strong <[email protected]>; Dalton Sept. 29, 2026
Item #9 Page 153 of 195
Sorich <[email protected]>; Mandy Mills <[email protected]>; Nicole Piano Jones <[email protected]>
Subject: RE: 2747-2775 Roosevelt St. - tenant protections under the HCA (HAU 3433) Hi Stephanie, So sorry about that! Here’s his email: Jonathan Frankel jfrankel@ rincongrp. com Thanks, Shannon Harker Community Development Department Shannon Harker, Senior Planner 1635 Faraday Ave. Carlsbad, CA 92008 442-339-2621 direct | Shannon. Harker@ carlsbadca. gov

Hi Stephanie,
So sorry about that! Here’s his email:

Jonathan Frankel [email protected]
Thanks,
Shannon Harker
Community Development Department
Shannon Harker, Senior Planner
1635 Faraday Ave.

Carlsbad, CA
92008
442-339-2621 direct | [email protected]
Development or Planning-related Inquiries
The Planning Team is here to assist you with resources online [carlsbadca.gov], by phone (442) 339-2610, by
email [email protected], or in-person by appointment. [kiosk.na6.qless.com] Appointment-Based Submittals
Appointments for new projects can be made online
[carlsbadca.gov].

Application Resubmittals
Please contact your planner directly to schedule a resubmittal drop-off appointment.

From: Reyes, Stephanie@HCD <[email protected]> Sent: Tuesday, June 9, 2026 4:06 PM
To: Shannon Harker <[email protected]>
Cc: Eric Lardy <[email protected]>; Mike Strong <[email protected]>; Dalton Sorich <[email protected]>; Mandy Mills <[email protected]>; Nicole Piano Jones <[email protected]>
Subject: RE: 2747-2775 Roosevelt St. - tenant protections under the HCA (HAU 3433) Hi Shannon,
Do you have an email address for Mr. Frankel?
Thanks,
Stephanie
Sept. 29, 2026
Item #9 Page 154 of 195
From: Shannon Harker <[email protected]>
Sent: Tuesday, June 9, 2026 3:55 PM
To: Reyes, Stephanie@HCD <[email protected]>
Cc: Eric Lardy <[email protected]>; Mike Strong <[email protected]>; Dalton Sorich <[email protected]>; Mandy Mills <[email protected]>; Nicole Piano Jones <[email protected]>
Subject: RE: 2747-2775 Roosevelt St. - tenant protections under the HCA (HAU 3433) Hi Stephanie, Here is the contact information for the applicant. We are happy to answer any additional questions you may have as you prepare a response. Jonathan Frankel Vice President, Forward Planning Rincon Homes 5315 Avenida Encinas, Suite

Hi Stephanie,
Here is the contact information for the applicant. We are happy to answer any additional questions you may have as you prepare a response.

Jonathan Frankel
Vice President, Forward Planning
Rincon Homes
5315 Avenida Encinas, Suite 200
Carlsbad, CA 92008
Direct: 925-708-3638
www.rincon-homes.com

Thanks,
Shannon Harker
Community Development Department
Shannon Harker, Senior Planner
1635 Faraday Ave.

Carlsbad, CA
92008
442-339-2621 direct | [email protected]
Development or Planning-related Inquiries
The Planning Team is here to assist you with resources online [carlsbadca.gov], by phone (442) 339-2610, by
email [email protected], or in-person by appointment. [kiosk.na6.qless.com] Appointment-Based Submittals
Appointments for new projects can be made online
[carlsbadca.gov].

Application Resubmittals
Please contact your planner directly to schedule a resubmittal drop-off appointment.

From: Reyes, Stephanie@HCD <[email protected]> Sept. 29, 2026
Item #9 Page 155 of 195
Sent: Monday, June 8, 2026 9:34 AM
To: Shannon Harker <[email protected]>
Cc: Eric Lardy <[email protected]>; Mike Strong <[email protected]>; Dalton Sorich <[email protected]>; Mandy Mills <[email protected]>; Nicole Piano Jones <[email protected]>
Subject: RE: 2747-2775 Roosevelt St. - tenant protections under the HCA (HAU 3433) Thank you, Shannon. I just sent a calendar invitation for Tues 6/9 at 3:30 to everyone on this list.

Talk to you then,
Stephanie
From: Shannon Harker <[email protected]>
Sent: Friday, June 5, 2026 4:38 PM
To: Reyes, Stephanie@HCD <[email protected]>
Cc: Eric Lardy <[email protected]>; Mike Strong <[email protected]>; Dalton Sorich <[email protected]>; Mandy Mills <[email protected]>; Nicole Piano Jones <[email protected]>
Subject: 2747-2775 Roosevelt St. - tenant protections under the HCA (HAU 3433) Hi Stephanie, Eric Lardy is out of the office through the end of next week and requested I work with you to set up the meeting and to meet in his absence. If you are ok with that, we are available to meet Tuesday, 6/9 from 3: 30-4: 00 pm or Thursday

Hi Stephanie,
Eric Lardy is out of the office through the end of next week and requested I work with you to set up the meeting and to meet in his absence.

If you are ok with that, we are available to meet Tuesday, 6/9 from 3:30-4:00 pm or Thursday 6/11 from 9:30-10am. Please include the city staff included as a cc in this email in the appointment. Please let me know if you have any questions.

Thanks,
Shannon Harker
Community Development Department
Shannon Harker, Senior Planner
1635 Faraday Ave.

Carlsbad, CA
92008
442-339-2621 direct | [email protected]
Development or Planning-related Inquiries
The Planning Team is here to assist you with resources online [carlsbadca.gov], by phone (442) 339-2610, by
email [email protected], or in-person by appointment. [kiosk.na6.qless.com] Appointment-Based Submittals
Sept. 29, 2026
Item #9 Page 156 of 195
Appointments for new projects can be made online [carlsbadca.gov].

Application Resubmittals
Please contact your planner directly to schedule a resubmittal drop-off appointment.

CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.

CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.

CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.

CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.

CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.

Sept. 29, 2026
Item #9 Page 157 of 195
From: Reyes, Stephanie@HCD
To: Mike Strong
Cc: Dalton Sorich; Eric Lardy; Shannon Harker; Mandy Mills; Nicole Piano Jones Subject: RE: 2747-2775 Roosevelt St. - tenant protections under the HCA (HAU 3433) - HCD / City of Carlsbad Date: Tuesday, August 25, 2026 9:44:00 AM
Attachments: image001.gif
image002.png
image003.png
image004.png
image005.png
image006.png
Hi all,
I want to confirm for you all that HCD stands by the verbal technical assistance that we provided to you on July 9th regarding this project and that HCD will not be providing further technical assistance in writing.

Best,
Stephanie
From: Mike Strong <[email protected]>
Sent: Wednesday, August 12, 2026 5:24 PM
To: Reyes, Stephanie@HCD <[email protected]>
Cc: Dalton Sorich <[email protected]>; Eric Lardy <[email protected]>; Shannon Harker <[email protected]>; Mandy Mills <[email protected]>; Nicole Piano Jones <[email protected]>
Subject: RE: 2747-2775 Roosevelt St. - tenant protections under the HCA (HAU 3433) - HCD / City of Carlsbad
Stephanie, We appreciate HCD’s on-going technical assistance to help cities and counties address recent legislative changes and the processing of land use development projects. The latest issue in the City of Carlsbad involving tenant protection Stephanie,
We appreciate HCD’s on-going technical assistance to help cities and counties address recent legislative changes and the processing of land use development projects.

The latest issue in the City of Carlsbad involving tenant protection under the HCA remains a critical issue for the city, as its action to approve or deny the project would raise questions from impacted parties and set precedence for other projects in the city and elsewhere in the region.

For additional background information regarding the city’s inquiry, please refer to “2747-2775 Roosevelt St. - tenant protections under the HCA (HAU 3433).” The city wants to comply with various state housing laws that are designed to prevent displacement of existing tenants when housing is demolished or replaced. The city received a verbal response from HCD to the question that was presented; however, it wasn’t fully responsive to the city’s question that was being asked.

The applicant claims they did not have control over the decisions made by the previous owner and Attachment L
Sept. 29, 2026
Item #9 Page 158 of 195
are not responsible for the owner terminating tenant’s occupancy and not providing the tenants with the required notice under the HCA. Government Code section 66300.6(b) states a city shall not approve a development project that requires the demolition of occupied or vacant protected units, or that is located on a site where protected units were demolished in the previous five years, unless certain conditions are satisfied. Given the current facts and history, the conditions that the applicant cannot comply with under this subsection are found in section 66300.6(b)(3)(A):

Continued occupancy - Any existing occupants will be allowed to occupy their units until six months before the start of construction activities.

Notice - The project proponent shall provide existing occupants with written notice of the planned demolition, the date they must vacate, and their rights under this section. Notice shall be provided at least six months in advance of the date that existing occupants must vacate.

Since Government Code section 66300.6(b) precludes a city from approving a development project that will demolish an occupied or vacant protected unit unless all the requirements of that subsection are satisfied, the city questions how the project can be approved. City staff cannot recommend approval of this project unless it complies with the law, and the verbal response provided to city staff is ambiguous whether the final decision makers at the city can legally approve the project. Since HCD did not provide written guidance, the city has additional questions:

Isn’t the city’s decision-making body required to deny a project that is in violation of Government Code section 66300.6(b)?

Would the city be in violation of the Housing Accountability Act, Discrimination in Law Use, Affirmatively Furthering Fair Housing if this project is denied by the decision-making body (based on the specific circumstances)?

Can the applicant cure or remedy the violation of the HCA, under Government Code section 66300.6(b)(3)(A), if the prior property owner prohibited continued occupancy and neither the owner nor project applicant provided notice to the then existing occupants?

We were hoping to circle back to the original city request referenced above in this email. The purpose of this email to ask HCD to reconsider the full scope of the inquiry and reconsider its approach to providing feedback to the city (the city is requesting guidance in the form of a letter or technical advisory). Verbal guidance from HCD, rather than having something in writing, does not clarify the matter. Ideally, we would have something in writing that can be attached to the administrative record for the decision makers to consider prior to making a final decision on the application.

The city continues to promote the development of new housing and has approved numerous housing projects over the past several years with zero having been denied. The city’s actions follow a standing obligation to reduce housing segregation, preserve and maintain housing, remove barriers to housing production, and ensure every local government contributes to meeting housing demand.

Since it is anticipated that the displaced residents will attend the public hearing and speak against Sept. 29, 2026
Item #9 Page 159 of 195
the project, there will be a detailed conversation about the city’s role in the decision-making process; and HCD oversight and enforcement of HCA compliance. Unless the city receives a formal determination from HCD, the decision-making body will not be able to determine whether an applicant may cure a violation of the HCA by displacing existing tenant prior to approval of the final decision-making body. Without such confirmation, the decision-making body will not receive a recommendation to approve the project. The city believes it is required to recommend denial of the application based on the information it has learned since the Planning Commission hearing, unless there is clarification from HCD in writing that the applicant can remedy a violation of the HCA prior to a city’s approval of the project.

Mike Strong
Director of Community Development
Community Development Department
1635 Faraday Ave.

Carlsbad, CA

92008

From:

Reyes, Stephanie@HCD <[email protected]>
Sent: Tuesday, July 14, 2026 12:28 PM
To: Nicole Piano Jones <[email protected]> Subject: RE: 2747-2775 Roosevelt St. - tenant protections under the HCA (HAU 3433) - HCD / City of Carlsbad

Hi Nicole,

I just left you a voice mail – please listen to it when you have a chance.

Best,
Stephanie

Stephanie Reyes (Pronouns: she/they)
Senior Housing Policy Specialist | Housing Accountability Unit Housing Policy Development Division
California Department of Housing and Community Development

651 Bannon Street, Suite 400 | Sacramento, CA 95811
Phone: 916.776.3994

Sept. 29, 2026
Item #9 Page 160 of 195
All HCD technical assistance and enforcement letters are available here:
https://www.hcd.ca.gov/hau/enforcement-letters.

From:

Nicole Piano Jones <[email protected]>
Sent: Friday, July 10, 2026 5:35 PM
To: Reyes, Stephanie@HCD <[email protected]>
Cc: Mike Strong <[email protected]>; Dalton Sorich <[email protected]>; Mandy Mills <[email protected]>; Shannon Harker <[email protected]>; Eric Lardy <[email protected]>
Subject: RE: 2747-2775 Roosevelt St. - tenant protections under the HCA (HAU 3433) - HCD / City of Carlsbad

Good evening, Stephanie, Thank you for meeting with the City of Carlsbad staff to discuss our request for HCD technical assistance submitted on May 27, 2026 (HAU 3433). The request was seeking HCD guidance regarding a projects eligibility for

Good evening, Stephanie,

Thank you for meeting with the City of Carlsbad staff to discuss our request for HCD technical assistance submitted on May 27, 2026 (HAU 3433). The request was seeking HCD guidance regarding a projects eligibility for a density bonus after learning of an owner’s non-compliance with tenant noticing and continued occupancy requirements under the Housing Crisis Act (HCA). We appreciate your thorough review of our request and the prompt resolution. We understand that the HCD will not be providing the city with a formal written response to our request, but request you confirm our understanding of HCD’s position:

The project was required to allow tenants to remain in their units until six (6) months prior to the expected date of construction.

The tenants were required to vacate in 2024 by owner (not applicant), without receiving any notification or information regarding their rights under the HCA.

After city staff brought up concern over the ability to approve the project due to the noncompliance with HCA, applicant proposed to remedy the HCA violation by notifying the former tenants of their right to return to the property at their prior rental rate for a brief period of time, until six (6) months prior to construction.

While the tenants were not properly noticed regarding their rights under the HCA or allowed to remain in their units, HCD considers the developers proposed remedy as a satisfactory remedy to comply with the HCA as a compromise in trying to balance competing goals of unit production and tenant protection.

The City of Carlsbad’s approval of this project would not be in violation of HCA.

Can you confirm our understanding of HCD’s position is accurate? Thank you again. We appreciate HCD’s assistance in this matter.

Kind regards,

Sept. 29, 2026
Item #9 Page 161 of 195
Nicole Piano-Jones
Senior Program Manager
Housing & Homeless Services
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
www.carlsbadca.gov
[carlsbadca.gov]

[email protected]
Office: (442) 339-2191

Facebook [facebook.com] | Twitter [twitter.com] | You Tube [youtube.com] | Pinterest [pinterest.com] |Enews [visitor.r20.constantcontact.com]

From:

Eric Lardy <[email protected]>
Sent: Thursday, July 9, 2026 1:42 PM
To: Reyes, Stephanie@HCD <[email protected]>; Shannon Harker <[email protected]>
Cc: Mike Strong <[email protected]>; Dalton Sorich <[email protected]>; Mandy Mills <[email protected]>; Nicole Piano Jones <[email protected]>
Subject: RE: 2747-2775 Roosevelt St. - tenant protections under the HCA (HAU 3433) - HCD / City of Carlsbad

Thank you for meeting, as follow up this is the information.

2747-2775 Roosevelt St. – APNs 203-101-12, 203-181-16 and 203-181-10 as stated on the applicant’s P-1(A) are correct.

Carlsbad Station – The Housing Element correctly identifies the APN for this project as 203- 181-16. This is also one of the APNs for the Roosevelt St. project. However, the approval for Carlsbad Station expired in 2024.

Seaglass – The Housing Element also correctly identifies the APN for Seaglass as 203-101-20.

This APN and APN 203-101-12 of the Roosevelt St. project look similar, especially when viewed in the Housing Element, which doesn’t use hyphens to separate the numbers of the APN.

Thanks,

Sept. 29, 2026
Item #9 Page 162 of 195
Eric Lardy, AICP
Assistant Director of Community Development
Community Development Department
City of Carlsbad
1635 Faraday Ave.

Carlsbad, CA 92008
www.carlsbadca.gov
[carlsbadca.gov]

442-339-2712| [email protected]

Facebook [facebook.com] | Twitter [twitter.com] | You Tube [youtube.com] | Pinterest [pinterest.com] |Enews [visitor.r20.constantcontact.com]

-----Original Appointment-----
From:

Reyes, Stephanie@HCD <[email protected]>
Sent: Wednesday, July 8, 2026 9:28 AM
To: Reyes, Stephanie@HCD; Eric Lardy; Shannon Harker
Cc: Mike Strong; Dalton Sorich; Mandy Mills; Nicole Piano Jones Subject: 2747-2775 Roosevelt St. - tenant protections under the HCA (HAU 3433) - HCD / City of Carlsbad
When: Thursday, July 9, 2026 1:30 PM-2:00 PM (UTC-08:00) Pacific Time (US & Canada).

Where: Microsoft Teams Meeting

________________________________________________________________________________ Microsoft Teams meeting
Join: https://teams.microsoft.com/meet/252867005625080? p=3IoUL0yjcNv5WslPIu [teams.microsoft.com]
Meeting ID: 252 867 005 625 080
Passcode: 3AH7dG2c
Need help? | System reference [teams.microsoft.com]
Dial in by phone
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Item #9 Page 163 of 195
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________________________________________________________________________________

_____________________________________________
From:

Eric Lardy <[email protected]>
Sent: Tuesday, July 7, 2026 5:07 PM
To: Reyes, Stephanie@HCD <[email protected]>; Shannon Harker <[email protected]>
Cc: Mike Strong <[email protected]>; Dalton Sorich <[email protected]>; Mandy Mills <[email protected]>; Nicole Piano Jones <[email protected]>
Subject: RE: 2747-2775 Roosevelt St. - tenant protections under the HCA (HAU 3433)

Stephanie, Thank you for reaching out. We are double checking and will still get back to you on the status of those projects/parcels. Thursday our team is available at 1: 30 p. m. Would you like us to send a scheduler? Eric Lardy, AICP Assistant

Stephanie,

Thank you for reaching out. We are double checking and will still get back to you on the status of those projects/parcels.

Thursday our team is available at 1:30 p.m. Would you like us to send a scheduler?

Eric Lardy, AICP
Assistant Director of Community Development
Community Development Department
City of Carlsbad
1635 Faraday Ave.

Carlsbad, CA 92008
www.carlsbadca.gov
[carlsbadca.gov]

442-339-2712| [email protected]

Facebook [facebook.com] | Twitter [twitter.com] | You Tube [youtube.com] | Pinterest [pinterest.com] |Enews [visitor.r20.constantcontact.com]

Sept. 29, 2026
Item #9 Page 164 of 195
From: Reyes, Stephanie@HCD <[email protected]> Sent: Tuesday, July 7, 2026 3:48 PM
To: Shannon Harker <[email protected]>
Cc: Eric Lardy <[email protected]>; Mike Strong <[email protected]>; Dalton Sorich <[email protected]>; Mandy Mills <[email protected]>; Nicole Piano Jones <[email protected]>
Subject: RE: 2747-2775 Roosevelt St. - tenant protections under the HCA (HAU 3433)

Hi Carlsbad team,

While I’m still curious about the questions below, it turns out I was able to come to a resolution on your case without the answers to those questions. Can we set up a call for me to share that resolution? Here are some times that work for me in the coming week:

Weds 7/8, 9-10, 10:30-2:30, or 3-4
Thurs 7/9, 9-10, 10:30-11:30, or 12-2
Fri 7/10, 9-9:30, 10:30-12, or 1:30-2:30
Mon 7/13, 9-4:30
Tues 7/14, 10:30-2 or 3:30-4:30

Please let me know what works for you and I can send a calendar invitation for a

Teams
meeting.

Best,
Stephanie

From:

Reyes, Stephanie@HCD
Sent: Thursday, July 2, 2026 1:49 PM
To: 'Shannon Harker' <[email protected]>
Cc: Eric Lardy <[email protected]>; Mike Strong <[email protected]>; Dalton Sorich <[email protected]>; Mandy Mills <[email protected]>; Nicole Piano Jones <[email protected]>
Subject: RE: 2747-2775 Roosevelt St. - tenant protections under the HCA (HAU 3433)

Hi Carlsbad team,

I’m finishing up my analysis for this case and realized I have a clarifying question.

On the applicant’s P-1(A), they list the APNs for the project as 203-101-12, 203-181-16, 203- 181-10 – three adjacent parcels on Roosevelt (listed in the application as 2747-2775 Roosevelt).

One thing HCD always does with questions about a project is determine whether the project is on a housing element site. I looked for those APNs in Carlsbad’s housing element and it Sept. 29, 2026
Item #9 Page 165 of 195
appears that:
203-101-12 is included as a pending or approved project (“The Seaglass”) for 8 above- mod units
203-181-16 is included as a pending or approved project (“Carlsbad Station”) for 79 units (71 above-mod and 8 mod)

Can you shed some light on this? Am I misunderstanding something? Or did one or both of those projects fall through?

Thanks in advance,
Stephanie

From:

Shannon Harker <[email protected]>
Sent: Tuesday, June 9, 2026 4:41 PM
To: Reyes, Stephanie@HCD <[email protected]>
Cc: Eric Lardy <[email protected]>; Mike Strong <[email protected]>; Dalton Sorich <[email protected]>; Mandy Mills <[email protected]>; Nicole Piano Jones <[email protected]>
Subject: RE: 2747-2775 Roosevelt St. - tenant protections under the HCA (HAU 3433)

Hi Stephanie, So sorry about that! Here’s his email: Jonathan Frankel jfrankel@ rincongrp. com Thanks, Shannon Harker Community Development Department Shannon Harker, Senior Planner 1635 Faraday Ave. Carlsbad, CA 92008 442-339-2621 direct | Shannon. Harker@ carlsbadca. gov

Hi Stephanie,
So sorry about that!

Here’s his email:

Jonathan Frankel [email protected]

Thanks,
Shannon Harker

Community Development Department
Shannon Harker, Senior Planner
1635 Faraday Ave.

Carlsbad, CA

92008
442-339-2621 direct | [email protected]

Development or Planning-related Inquiries
The Planning Team is here to assist you with resources online [carlsbadca.gov], by phone (442) 339-2610, by
email [email protected], or in-person by appointment. [kiosk.na6.qless.com]

Appointment-Based Submittals
Appointments for new projects can be made online
[carlsbadca.gov].

Application Resubmittals
Sept. 29, 2026
Item #9 Page 166 of 195
Please contact your planner directly to schedule a resubmittal drop-off appointment.

From:

Reyes, Stephanie@HCD <[email protected]>
Sent: Tuesday, June 9, 2026 4:06 PM
To: Shannon Harker <[email protected]>
Cc: Eric Lardy <[email protected]>; Mike Strong <[email protected]>; Dalton Sorich <[email protected]>; Mandy Mills <[email protected]>; Nicole Piano Jones <[email protected]>
Subject: RE: 2747-2775 Roosevelt St. - tenant protections under the HCA (HAU 3433)

Hi Shannon,

Do you have an email address for Mr. Frankel?

Thanks,
Stephanie

From:

Shannon Harker <[email protected]>
Sent: Tuesday, June 9, 2026 3:55 PM
To: Reyes, Stephanie@HCD <[email protected]>
Cc: Eric Lardy <[email protected]>; Mike Strong <[email protected]>; Dalton Sorich <[email protected]>; Mandy Mills <[email protected]>; Nicole Piano Jones <[email protected]>
Subject: RE: 2747-2775 Roosevelt St. - tenant protections under the HCA (HAU 3433)

Hi Stephanie, Here is the contact information for the applicant. We are happy to answer any additional questions you may have as you prepare a response. Jonathan Frankel Vice President, Forward Planning Rincon Homes 5315 Avenida Encinas, Suite

Hi Stephanie,
Here is the contact information for the applicant. We are happy to answer any additional questions you may have as you prepare a response.

Jonathan Frankel
Vice President, Forward Planning
Rincon Homes
5315 Avenida Encinas, Suite 200
Carlsbad, CA 92008
Direct: 925-708-3638
www.rincon-homes.com

Thanks,
Shannon Harker

Sept. 29, 2026
Item #9 Page 167 of 195
Community Development Department
Shannon Harker, Senior Planner
1635 Faraday Ave.

Carlsbad, CA

92008
442-339-2621 direct | [email protected]

Development or Planning-related Inquiries
The Planning Team is here to assist you with resources online [carlsbadca.gov], by phone (442) 339-2610, by
email [email protected], or in-person by appointment. [kiosk.na6.qless.com]

Appointment-Based Submittals
Appointments for new projects can be made online
[carlsbadca.gov].

Application Resubmittals
Please contact your planner directly to schedule a resubmittal drop-off appointment.

From:

Reyes, Stephanie@HCD <[email protected]>
Sent: Monday, June 8, 2026 9:34 AM
To: Shannon Harker <[email protected]>
Cc: Eric Lardy <[email protected]>; Mike Strong <[email protected]>; Dalton Sorich <[email protected]>; Mandy Mills <[email protected]>; Nicole Piano Jones <[email protected]>
Subject: RE: 2747-2775 Roosevelt St. - tenant protections under the HCA (HAU 3433)

Thank you, Shannon. I just sent a calendar invitation for Tues 6/9 at 3:30 to everyone on this list.

Talk to you then,
Stephanie

From:

Shannon Harker <[email protected]>
Sent: Friday, June 5, 2026 4:38 PM
To: Reyes, Stephanie@HCD <[email protected]>
Cc: Eric Lardy <[email protected]>; Mike Strong <[email protected]>; Dalton Sorich <[email protected]>; Mandy Mills <[email protected]>; Nicole Piano Jones <[email protected]>
Subject: 2747-2775 Roosevelt St. - tenant protections under the HCA (HAU 3433)

Hi Stephanie, Eric Lardy is out of the office through the end of next week and requested I work with you to set up the meeting and to meet in his absence. If you are ok with that, we are available to meet Tuesday, 6/9 from 3: 30-4: 00 pm or Thursday

Hi Stephanie,
Eric Lardy is out of the office through the end of next week and requested I work with you to set up the meeting and to meet in his absence.

If you are ok with that, we are available to meet Tuesday, 6/9 from 3:30-4:00 pm or Thursday 6/11 from 9:30-10am.

Please include the city staff included as a
cc in this email in the appointment. Please let me know if you have any questions.

Sept. 29, 2026
Item #9 Page 168 of 195

Thanks,
Shannon Harker

Community Development Department
Shannon Harker, Senior Planner
1635 Faraday Ave.

Carlsbad, CA

92008
442-339-2621 direct | [email protected]

Development or Planning-related Inquiries
The Planning Team is here to assist you with resources online [carlsbadca.gov], by phone (442) 339-2610, by
email [email protected], or in-person by appointment. [kiosk.na6.qless.com]

Appointment-Based Submittals
Appointments for new projects can be made online
[carlsbadca.gov].

Application Resubmittals
Please contact your planner directly to schedule a resubmittal drop-off appointment.

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CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.

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Sept. 29, 2026
Item #9 Page 169 of 195

NOTICE OF EXEMPTION
To: Assessor/Recorder/County Clerk From: CITY OF CARLSBAD Attn: Fish and Wildlife Notices Planning Division
1600 Pacific Highway, Suite 260 1635 Faraday Avenue
San Diego CA 92101 Carlsbad, CA 92008
MS: A-33 (442) 339-2600
Subject
: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (California Environmental Quality Act).

Proje
ct Number and Title: CT 2024-0008/SDP 2024-0022 (DEV2023-0105) – RINCON ROOSEVELT Project Location - Specific: APNs 203-101-12-00, 203-181-10-00, 203-181-16-00, 2747 & 2775 Roosevelt St.

Project Location - City: Carlsbad Project Location - County: San Diego Description of Project: Tentative Tract Map and Site Development Plan to consolidate three parcels into one lot and the demolition of an eight-unit apartment building and a professional office building with an associated accessory structure totaling 2,043 square feet for the construction of a four- story, 49,559- square-foot, 53’ -5”-tall mixed-use condominium building. The building includes three ground floor commercial condominium units totaling 3,419 square feet, 33 stacked residential condominium units on floors two (2) through four (4), and 42 covered parking spaces located within an at -grade, gated parking garage off Roosevelt Street. Five (5) of the existing eight (8) apartment units are considered “protected units” pursuant to California Government Co de Section 66300.6 and are required to be replaced as inclusionary housing units (four low income and one extremely low income). The project has a proposed density of 47.8 dwelling units per acre. A density bonus and 11 associated waivers to the development standards are requested.

Name of Public Agency Approving Project: City of Carlsbad Name of Person or Agency Carrying Out Project: City of Carlsbad Name of Applicant: Jonathan Frankel, 2747 Roosevelt LLC Applicant’s Address: 5315 Avenida Encinas, St. 200, Carlsbad, CA 92008 Applicant’s Telephone Number: 925-708-3638
Name o
f Applicant/Identity of person undertaking the project (if different from the applicant above) :

N/A
Exempt S
tatus: (Check One)
Ministerial (Section 21080(b)(1); 15268);
Declared Emergency (Section 21080(b)(3); 15269(a));
Emergency Project (Section 21080(b)(4); 15269 (b)(c));
Categorical Exemption
Statutory Exemptions - State c ode number: Public Resources Code Section 21080.66 (Assembly Bill 130)
Common Sense Exemption (Secti on 15061(b)(3))
Exhibit 10
Sept. 29, 2026
Item #9 Page 170 of 195
Reaso
ns why project is exempt: See attached Housing Development Project Exemption Evaluation Checklist.

Lead Ag
ency Contact Person: Shannon Harker Telephone: (442) 339-2621 Date received for filing at OPR:

Sept. 29, 2026
Item #9 Page 171 of 195
PRC Section 21080.66 (AB 130) CT 2024-0008/SDP 2024-0022 Housing Development Project CEQA Exemption Evaluation Checklist Rincon Roosevelt January 2026 1

CITY OF CARLSBAD
PUBLIC
RESOURCES CODE SECTION 21080.66 (ASSEMBLY BILL 130)

HOUSING DEVELOPMENT PROJECT CEQA EXEMPTION EVALUATION CHECKLIST CT 2024-0
008/SDP 2024-0022, Rincon Roosevelt
Februa
ry 18, 2026
Assembly Bill (AB) 130, signed into law by Governor Gavin Newsom on June 30, 2025, and codified in Public Resources Code (PRC) Section 21080.66, establishes a statutory exemption from the California Environmental Quality Act (CEQA) for qualifying “housing development projects” that meet certain criteria and requirements. This Exemption Evaluation Checklist documents the eligibility of the proposed Rincon Roosevelt Project (project) for this CEQA exemption.

PROJE

CT INFORMATION

1. Project
Title
Rinc
on Roosevelt

2. Lead A
gency Name and Address
City
of Carlsbad
Community Development Department
1635 Faraday Avenue
Carlsbad, CA 92008

3. Conta
ct Person and Phone Number
Shan
non Harker, Senior Planner
City of Carlsbad, Community Development Department
442-339-2621
[email protected]

4. Project
Location
The 0.69
-acre project site (APNs 203-101-12-00, 203-181-10-00, 203-181-16-00) spans three properties, on the west side of Roosevelt Street, specifically 2747 and 2775 Roosevelt St., in between Beech Avenue to the north and Grand Avenue to the south.

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PRC Section 21080.66 (AB 130) CT 2024-0008/SDP 2024-0022 Housing Development Project CEQA Exemption Evaluation Checklist Rincon Roosevelt January 2026 2

5. Pr
oject Sponsor’s Name and Address
2747
Roosevelt LLC
Jonathan Frankel, Rincon Homes
5315 Avenida Encinas, Ste. 200
Carlsbad, CA, 92008

6. Ge
neral Plan Designation
The s
ite is designated Village-Barrio (V-B)

7. Zo
ning
The s
ite is zoned Village-Barrio (V-B) and is in the Village Center (VC) District of the Village & Barrio Master Plan (VBMP). The density range in the VC District is 28-35 du/ac.

8. De
scription of Project
The project proposes a Tentative Tract Map and Site Development Plan to consolidate three parcels into one lot and the demolition of an eight-unit apartment building and a professional office building with an associated accessory structure totaling 2,043 square feet for the construction of a four-story, 49,559- square-foot, mixed-use building. The building includes three ground floor commercial condominium units totaling 3,419 square feet, 33 stacked residential condominium units on floors two (2) through four (4), and 42 covered parking spaces located within an at-grade, gated parking garage off Roosevelt Street.

Five (5) of the existing eight (8) apartment units are considered “protected units” pursuant to California Government Code Section 66300.6 and are required to be replaced as inclusionary housing units.

The proposed mixed-use building will have a maximum building height (exclusive of parapets) of 53’-5” to the top of the roof. To adequately screen the rooftop equipment, 42”-tall parapets are proposed around the perimeter of the building. Allowable projections for stair and elevator towers, as well as mechanical screens of various heights project above the roof, extending the structure’s height up to 69’- 2”. The residential condominium unit type and range in sizes are summarized below.

The breakdown of the proposed 33 residential condominium units are as follows:

Unit Types No. of Unit Types Size (sq. ft.)
1-Bedroom 15 756-1,681
2-Bedroom 6 1,559-1,683
3-Bedroom
4-Bedroom
6 6
1,936-2,131
2,571
Each unit has a private deck ranging in size from 65 to 398 square feet. Roof decks are proposed for the un
its on the 4th floor. A 1,679-square-foot common courtyard is located on the second floor. Of the 33 residential units, five (5) are designated as affordable housing units (one extremely low and four low- income). While the city’s Inclusionary Housing Ordinance requires 15% of the base number of units or Sept. 29, 2026
Item #9 Page 173 of 195
PRC Section 21080.66 (AB 130) CT 2024-0008/SDP 2024-0022 Housing Development Project CEQA Exemption Evaluation Checklist Rincon Roosevelt January 2026 3
four (4) deed-restricted lower income units, five (5) units are proposed to comply with state density bonus law and the Housing Crisis Act, which requires replacement of the protected units.

Grading for the proposed project consists of 100 cubic yards of cut, 1,120 cubic yards of fill and 5,580 cubic yards of remedial grading. A maximum five-foot cut below existing grade is proposed for the remedial grading. Once the remedial grading is completed, the maximum cut and fill height for the construction of the building will be two and three feet, respectively. An 11-foot (APNs 203-101-12-00 and APN 203-181-10-00) and three-foot-wide (APN 203-181-16-00) right-of-way dedication are proposed along the project frontage. The existing curb, gutter and sidewalk will be replaced. A total of three (3) existing street trees are currently located along the project frontage and will remain. An additional two (2) street trees are proposed, resulting in a total of five (5) street trees. A row of hedges along the rear property line and on the subject property will be removed for the construction of the project and replaced with shrubs to soften the west elevation wall/parking garage.

Infrastructure improvements within Roosevelt Street include the replacement of a six-inch-wide water line with an eight-inch-wide water line. The existing eight-inch-wide sewer line in Roosevelt Street has been determined to be adequate in size to serve the project and will remain. An offsite, public six-inch public sewer main parallels the rear (west) property line. It is utilized by existing development adjacent to the property but will not be utilized for the proposed project. The Utilities Department is requiring a five-foot-wide sewer easement on the subject property for maintenance of the existing sewer line.

Parking for the proposed project includes 42 covered parking spaces located within an at-grade gated parking garage off Roosevelt Street. A total of four (4) electric vehicle (EV) capable spaces, including one ADA van accessible space, are proposed for commercial uses. A total of nine (9) EV-ready and three (3) EV “ready with charge” spaces, including one (1) ADA/van accessible space, are proposed for the residential units. In addition to the parking and commercial units on the ground floor, the area will also include the residential lobby as well as bike storage, trash and electrical rooms.

The VC District of the Village & Barrio Master Plan (VBMP) permits a density range of 28 to 35 dwelling units per acre (du/ac). The proposal to construct 33 units on a 0.69-acre site results in a proposed density of 47.8 du/ac. Since the proposed density exceeds 35 du/ac, the applicant is requesting a density bonus, authorized by state law (Gov. Code §65915). State density bonus law (SDBL) 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 base number of units permitted pursuant to the VBMP. Pursuant to SDBL, the applicant is requesting a 29% density bonus. A total of 16% of the base number of units or four (4) units are required to be designated as affordable, low-income units (80% of the area median income). One additional unit, designated as extremely low-income (30% of the area median income), is required pursuant to the Housing Crisis Act. The applicant is requesting 11 density bonus waivers to development standards.

9. Surrounding Land Uses and Setting
The p
roject site is developed with an eight-unit apartment building, a professional office and associated accessory structure, and surface parking. The properties are generally flat, sloping slightly toward the rear of the property The site is surrounded by a mix of uses, including restaurants, commercial and professional offices, an auto repair shop, and the United States Post Office.

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10. Other Public Agencies Whose Approval Is Required (e.g., Permits, Financing Approval, or Participation Agreement)
No
ne.

DE

TERMINATION
Ba
sed on the evaluation included in this checklist, the subject project qualifies for a statutory exemption from CEQA pursuant to PRC Section 21080.66.

EV

ALUATION OF EXEMPTION CRITERIA AND REQUIREMENTS
The
table below identifies the criteria and requirements that a project must meet to qualify for a statutory exemption from CEQA pursuant to PRC Section 21080.66, along with an evaluation of the project’s compliance with the criteria and requirements.

PRC Section 21080.66 Housing Development Project CEQA Exemption Evaluation Checklist Criteria and Requirements Evaluation
21080.66(a)
Without limiting any other statutory or categorical
exemption, this division [CEQA] does not apply to any
aspect of a housing development project, as defined in
subdivision (b) of Section 65905.5 of the Government
Code, including any permits, approvals, or public
improvements required for the housing development
project, as may be required by this division, if the
housing development project meets all of the following
conditions [see rows 21080.66(a)(1-8), below]:

Ad
ditional Description/Referenced Code Section(s)
Government Code Section 65905.5(b) reads in relevant
part:
...
(3) (A) “Housing development project” has the same
meaning as defined in paragraph (2) of subdivision (h) of Section 65589.5. [see below]
(B
) “Housing development project” includes, but is not
limited to, projects that involve no discretionary approvals and projects that involve both discretionary and
nondiscretionary approvals.
(C) “Housing development project” includes a proposal to construct a single dwelling unit. This subparagraph shall not affect the interpretation of the scope of paragraph (2) of subdivision (h) of Section 65589.5. [see below]
Project Qualifies. The project consists of
a mixed-use project where at least two
thirds of the square footage is designated
for residential use. Therefore, the
project meets the criteria pursuant to
Government Code Section
65589.5(h)(2)(B)(i).

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PRC Section 21080.66 Housing Development Project CEQA Exemption Evaluation Checklist Criteria and Requirements Evaluation
Government Code Section 65589.5(h)(2) reads:
“Ho
using development project” means a use consisting of
any of the following:
(A)
Residential units only.
(B) Mi
xed-use developments consisting of residential
and nonresidential uses that meet any of the following
conditions:
(i
) At least two-thirds of the new or converted
square footage is designated for residential use.
(i
i) At least 50 percent of the new or converted
square footage is designated for residential use and
the project meets both of the following:
(I
) The project includes at least 500 net new
residential units.
(II) No portion of the project is designated for
use as a hotel, motel, bed and breakfast inn, or
other transient lodging, except a portion of the
project may be designated for use as a
residential hotel, as defined in Section 50519 of
the Health and Safety Code.
(i
ii) At least 50 percent of the net new or converted
square footage is designated for residential use and
the project meets all of the following:
(I) The project includes at least 500 net new
residential units.
(II) The project involves the demolition or
conversion of at least 100,000 square feet of
nonresidential use.
(III) The project demolishes at least 50 percent
of the existing nonresidential uses on the site.
(IV) No portion of the project is designated for
us
e as a hotel, motel, bed and breakfast inn, or
other transient lodging, except a portion of the
project may be designated for use as a
residential hotel, as defined in Section 50519 of
the Health and Safety Code.

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PRC Section 21080.66 Housing Development Project CEQA Exemption Evaluation Checklist Criteria and Requirements Evaluation
(C) Transitional housing or supportive housing.
(D
) Farmworker housing, as defined in subdivision (h)
of Section 50199.7 of the Health and Safety Code.
21080.66(a)(1)
(A) Except as provided in subparagraph (B), the project site is not more than 20 acres.
(B
) The project site or the parcel size for a builder’s
remedy project, as defined in paragraph (11) of
subdivision (h) of Section 65589.5 of the Government
Code, or the project site or the parcel size for a project that applied pursuant to paragraph (5) of subdivision (d) of Section 65589.5 of the Government Code as it read
before January 1, 2025, is not more than five acres.

Project Qualifies. The project site is 0.69
acres and as such, satisfies the condition
of not being more than 20 acres. The
project is not a builder’s remedy project.

Therefore, the project site meets the
criteria set forth in Section
21080.66(a)(1)(A) and (B).
21080.66(a)(2)
The project site meets either of the following criteria:
(A) Is
located within the boundaries of an incorporated
municipality.
(B) Is
located within an urban area, as defined by the
United States Census Bureau.

Project Qualifies. The project is located
within the boundaries of the city.

Therefore, the project site meets the
criteria set forth in Section
21080.66(a)(2)(A).
21080.66(a)(3)
The project site meets any of the following criteria:
(A
) Has been previously developed with an urban use.
(B
) At least 75 percent of the perimeter of the site
adjoins parcels that are developed with urban uses.
(C
) At least 75 percent of the area within a one-quarter
mile radius of the site is developed with urban uses.
(D
) For sites with four sides, at least three out of four sides are developed with urban uses and at least two-
thirds of the perimeter of the site adjoins parcels that are developed with urban uses.

Additional Description/Referenced Code Section(s)
Project Qualifies. The project site satisfies
all criteria. Therefore, the project site
meets the criteria set forth in Section
21080.66(a)(3)(A)(B), (C), and (D).

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PRC Section 21080.66 Housing Development Project CEQA Exemption Evaluation Checklist Criteria and Requirements Evaluation
Per 21080.66 (f)(3):
(3) “Urban use” means any current or previous residential or commercial development, public institution, or public park that is surrounded by other urban uses, parking lot or structure, transit or transportation passenger facility, or retail use, or any combination of those uses.
21080.66(a)(4)
(A) The project is consistent with the applicable general plan and zoning ordinance, as well as any applicable
local coastal program as defined in Section 30108.6. For purposes of this section, a housing development project shall be deemed consistent with the applicable general
plan and zoning ordinance, and any applicable local
coastal program, if there is substantial evidence that
would allow a reasonable person to conclude that the
housing development project is consistent.
(B
) If the zoning and general plan are not consistent with one another, a project shall be deemed consistent with
both if the project is consistent with one.
(C
) The approval of a density bonus, incentives or
concessions, waivers or reductions of development
standards, and reduced parking ratios pursuant to
Section 65915 of the Government Code shall not be
grounds for determining that the project is inconsistent with the applicable general plan, zoning ordinance, or
local coastal program.

Project Qualifies. The project size is
located outside of the Coastal Zone and is
consistent with the General Plan, Zoning
Ordinance and the Village & Barrio
Master Plan. The site has a General Plan
Land Use and Zoning Designation of
Village Barrio (V-B). The proposed
project includes the demolition of an
eight-unit apartment building and a
professional office building with an
associated accessory structure totaling
2,043 square feet for the construction of
a four-story, 49,559-square-foot, mixed-
use building. The building includes three
ground floor commercial condominium
units totaling 3,419 square feet and 33
stacked residential condominium units.

The VC District of the Village & Barrio
Master Plan (VBMP) permits a density
range of 28 to 35 dwelling units per acre
(du/ac). The proposal to construct 33
units on a 0.69-acre site results in a
proposed density of 47.8 du/ac. Since
the proposed density exceeds 35 du/ac,
the applicant is requesting a density
bonus, authorized by state law (Gov.

Code §65915). Pursuant to SDBL, the
applicant is requesting a 29% density
bonus. A total of 16% of the base
number of units or four (4) units are
required to be designated as affordable,
low-income units (80% of the area
median income). One additional unit,
designated as extremely low-income
(30% of the area median income), is
required pursuant to the Housing Crisis
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PRC Section 21080.66 Housing Development Project CEQA Exemption Evaluation Checklist Criteria and Requirements Evaluation
Act. The applicant is requesting 11
density bonus waivers. The requested
waivers do not have an adverse impact
on property listed on the California
historical register and do not violate state
or federal law.

Ther
efore, the project site meets the
criteria set forth in Section
21080.66(a)(4)(A), (B), and (C).

Ref
erences:

City of Carlsbad, General Plan Land Use
Map,
https://www.carlsbadca.gov/home/show
publisheddocument/18761/63863918583
2030000, updated July 2024.

Ci
ty of Carlsbad, General Plan Zoning
Map,
https://www.carlsbadca.gov/home/show
publisheddocument/246/6386363025638
18331, updated July 2024.

Ci
ty of Carlsbad, Local Coastal Program,
published 2019.
21080.66(a)(5)
The project will be at least one-half of the applicable density specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2 of the Government
Code.

Ad
ditional Description/Referenced Code Section(s)
Government Code Section 65583.2(c)(3)(B):

The following densities shall be deemed appropriate to
accommodate housing for lower income households:
(i
) For an incorporated city within a nonmetropolitan
county and for a nonmetropolitan county that has a
micropolitan area: sites allowing at least 15 units per acre.

Project Qualifies. The proposal to
construct 33 units on a 0.69-acre site
results in a density of 47.8 dwelling units
per acre. Therefore, the project meets
the criterium set forth in
21080.66(a)(5)(iv) since it exceeds 30
du/ac.

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PRC Section 21080.66 Housing Development Project CEQA Exemption Evaluation Checklist Criteria and Requirements Evaluation
(ii) For an unincorporated area in a nonmetropolitan
county not included in clause (i): sites allowing at least 10 units per acre.
(i
ii) For a suburban jurisdiction: sites allowing at least 20 units per acre.
(i
v) For a jurisdiction in a metropolitan county: sites
allowing at least 30 units per acre.

Go
vernment Code Section 65583.2(d)defines
metropolitan county, nonmetropolitan county, and
nonmetropolitan county with a micropolitan area as
follows:
(d) For purposes of this section, a metropolitan county, nonmetropolitan county, and nonmetropolitan county
with a micropolitan area shall be as determined by the
United States Census Bureau. A nonmetropolitan county
with a micropolitan area includes the following counties:

Del Norte, Humboldt, Lake, Mendocino, Nevada, Tehama,
and Tuolumne and other counties as may be determined
by the United States Census Bureau to be
nonmetropolitan counties with micropolitan areas in the future.

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PRC Section 21080.66 Housing Development Project CEQA Exemption Evaluation Checklist Criteria and Requirements Evaluation
21080.66(a)(6)
The project satisfies the requirements specified in
paragraph (6) of subdivision (a) of Section 65913.4 of
the Government Code.

Ad
ditional Description/Referenced Code Section(s)
Government Code Section 65913.4(a)(6):

The development is not located on a site that is any of the following:
[See rows A-K, below.]
See items A-K, below.
(A) [Coastal Zone]
(i) An area of the coastal zone subject to paragraph (1) or (2) of subdivision (a) of Section 30603 of the Public
Resources Code.
(i
i) An area of the coastal zone that is not subject to a certified local coastal program or a certified land use plan. (i
ii) An area of the coastal zone that is vulnerable to five feet of sea level rise, as determined by the National
Oceanic and Atmospheric Administration, the Ocean
Protection Council, the United States Geological Survey, the University of California, or a local government’s
coastal hazards vulnerability assessment.
(i
v) In a parcel within the coastal zone that is not zoned for multifamily housing.
(v
) In a parcel in the coastal zone and located on either of the following:
(I) On, or within a 100-foot radius of, a wetland, as
defined in Section 30121 of the Public Resources Code.
(II) On prime agricultural land, as defined in Sections
30113 and 30241 of the Public Resources Code.

Not Applicable. The project site is not
located in the coastal zone.

Ref
erence:

City of Carlsbad, Local Coastal Program,
published 2019
(B) [Prime Farmland or Farmland of Statewide
Importance]
Either prime farmland or farmland of statewide
importance, as defined pursuant to the United States
Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring
Program of the Department of Conservation, or land
zoned or designated for agricultural protection or
Not Applicable. The project site is not
located on a site that is classified as
Prime Farmland or Farmland of Statewide
Importance.

Sept. 29, 2026
Item #9 Page 181 of 195
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preservation by a local ballot measure that was approved by the voters of that jurisdiction.

Ref
erence:

California Department of Conservation,
California Important Farmland Finder,
https://maps.conservation.ca.gov/DLRP/C
IFF/
(C) [Wetlands]
Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

Not Applicable. The project development
limits are not within any wetlands, as
defined in the United States Fish and
Wildlife Service Manual.
(D) [Very High Fire Hazard Severity Zone]
Within a very high fire hazard severity zone, as
determined by the Department of Forestry and Fire
Protection pursuant to Section 51178, or within the state responsibility area, as defined in Section 4102 of the
Public Resources Code. This subparagraph does not apply to sites that have adopted fire hazard mitigation
measures pursuant to existing building standards or state fire mitigation measures applicable to the development,
including, but not limited to, standards established under all of the following or their successor provisions:
(i) Section 4291 of the Public Resources Code or Section 51182, as applicable.
(ii) Section 4290 of the Public Resources Code.
(iii) Chapter 7A of the California Building Code (Title 24 of the California Code of Regulations).

Not Applicable. The project site is not
located within a Very High Fire Hazard
Severity Zone.

Ref
erence:

CAL FIRE, Fire Hazard Severity Zones
Maps, Fire Hazard Severity Zone Viewer,
https://fire-hazard-severity-zones-rollout-
calfire-
forestry.hub.arcgis.com/pages/access-
map
(E) [Hazardous Waste Sites]
A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the
Department of Toxic Substances Control pursuant to
Section 25356 of the Health and Safety Code, unless
either of the following apply:
(i) The site is an underground storage tank site that
received a uniform closure letter issued pursuant to
subdivision (g) of Section 25296.10 of the Health and
Safety Code based on closure criteria established by
the State Water Resources Control Board for
residential use or residential mixed uses. This section does not alter or change the conditions to remove a
site from the list of hazardous waste sites listed
pursuant to Section 65962.5.

Not Applicable. The project site is not
listed as a hazardous waste site by the
Department of Toxic Substances Control
pursuant to Section 25356 of the Health
and Safety Code.

Ref
erence:

Department of Toxic Substances Control
(DTSC), Envirostor Online Database,
Sept. 29, 2026
Item #9 Page 182 of 195
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PRC Section 21080.66 Housing Development Project CEQA Exemption Evaluation Checklist Criteria and Requirements Evaluation
(ii) The State Department of Public Health, State Water Resources Control Board, Department of Toxic
Substances Control, or a local agency making a
determination pursuant to subdivision (c) of Section
25296.10 of the Health and Safety Code, has otherwise
determined that the site is suitable for residential use or residential mixed uses.
https://www.envirostor.dtsc.ca.gov/publi
c/map/
Cal
ifornia State Water Resources Control
Board, GeoTracker,
https://geotracker.waterboards.ca.gov/m
ap/
(F) [Earthquake Fault Zone]
Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by
the State Geologist, unless the development complies with applicable seismic protection building code standards
adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5
(commencing with Section 18901) of Division 13 of the
Health and Safety Code), and by any local building
department under Chapter 12.2 (commencing with
Section 8875) of Division 1 of Title 2.

Not Applicable. The project site is not
mapped in an earthquake fault zone.

Ref
erence:

California Geological Survey, Earthquake
Zones of Required Investigation Map,
https://maps.conservation.ca.gov/cgs/inf
ormationwarehouse/eqzapp/
(G) [Special Flood Hazard Area]
Within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as
determined by the Federal Emergency Management
Agency in any official maps published by the Federal
Emergency Management Agency. If a development
proponent is able to satisfy all applicable federal
qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for
streamlined approval under this section, a local
government shall not deny the application on the basis
that the development proponent did not comply with any
additional permit requirement, standard, or action
adopted by that local government that is applicable to
that site. A development may be located on a site
described in this subparagraph if either of the following are met:
(i) The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management
Agency and issued to the local jurisdiction.
(ii) The site meets Federal Emergency Management
Agency requirements necessary to meet minimum
flood plain management criteria of the National Flood
Insurance Program pursuant to Part 59 (commencing
Not Applicable. The project site is not
within a special flood hazard area.

Ref
erence:

FEMA, Flood Service Map Service Area
(FIRM Map No. 06073C0769G),
Sept. 29, 2026
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with Section 59.1) and Part 60 (commencing with
Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
https://msc.fema.gov/portal/home,
effective date May 16, 2012
(H) [Regulatory Floodway]
Within a regulatory floodway as determined by the
Federal Emergency Management Agency in any official
maps published by the Federal Emergency Management
Agency, unless the development has received a no-rise
certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal
qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for
streamlined approval under this section, a local
government shall not deny the application on the basis
that the development proponent did not comply with any
additional permit requirement, standard, or action
adopted by that local government that is applicable to
that site.

Not Applicable. The project site is not
mapped within a regulatory floodway.
(I) [Conservation Lands in a Natural Community
Conservation Plan]
Lands identified for conservation in an adopted natural
community conservation plan pursuant to the Natural
Community Conservation Planning Act (Chapter 10
(commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to
the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource
protection plan.

Not Applicable. The project site is not
located in a Natural Community
Conservation Plan area.

Ref
erence:

City of Carlsbad, City of Carlsbad Habitat
Management Plan,
https://www.carlsbadca.gov/home/show
publisheddocument/1600/638366818940
500000, amended December 1999.
(J) [Habitat for Protected Species]
Habitat for protected species identified as candidate,
sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act
(Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant
Protection Act (Chapter 10 (commencing with Section
1900) of Division 2 of the Fish and Game Code).

Not Applicable. The project site is
developed with urban uses and does not
contain any sensitive habitat.

Sept. 29, 2026
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(K) [Conservation Easement]
Lands under conservation easement.

Not Applicable. The project site is not
under a conservation easement.
21080.66(a)(7)
The project does not require the demolition of a historic structure that was placed on a national, state, or local historic register before the date a preliminary
application was submitted for the project pursuant to
Section 65941.1 of the Government Code.

Project Complies. The property is
currently developed with three structures
which are proposed to be demolished. To
determine whether the structures are
historically significant, Historic
Assessments were prepared for 2747 and
2775 Roosevelt Street by Kristi
Hawthorne (Jan. 25, 2024). Pursuant to
the results of the report, no historical
evidence was identified to support that
the buildings exemplify or reflect a
unique aspect of Carlsbad’s historical
development nor are the buildings
associated with any person important to
the city's history. Further, the buildings
do not represent the work of a master
builder, craftsman or architect. Therefore,
the buildings are not eligible for listing in
the California Register of Historical
Resources, the California Historic
Resources Inventory, or the National
Register of Historic places. The
demolition of the structures do not meet
any level of significance. Therefore, the
project site meets the criteria set forth in
Section 21080.66(a)(7).

Ref
erences:

Historical Assessments for 2747 and 2775
Roosevelt Street, Kristi Hawthorne, Jan.
25, 2024
Sept. 29, 2026
Item #9 Page 185 of 195
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21080.66(a)(8)
For a project that was deemed complete pursuant to
paragraph (5) of subdivision (h) of Section 65589.5 of
the Government Code on or after January 1, 2025, no
portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging.

For the purposes of this section, “other transient
lodging” does not include either of the following:
(A) A residential hotel, as defined in Section 50519 of
the Health and Safety Code.
(B) After the issuance of a certificate of occupancy, a
resident’s use or marketing of a unit as short-term
lodging, as defined in Section 17568.8 of the Business
and Professions Code, in a manner consistent with
local law.

Not Applicable. The project does not
contain hotel, motel, bed and breakfast
inn, or other transient lodging
components.
21080.66(b) Tribal Notification/Consultation and
Measures for Tribal Cultural Resources
PRC section 21080.66(b) requires the local government to complete a notification/consultation process with each
California Native American tribe traditionally and
culturally affiliated with the project site. PRC section 21080.66(b) also requires that certain measures and
additional enforceable agreements be made binding
conditions of project approval. PRC section 21080.66(b) is provided in its entirety in the “Additional Subsections of PRC Section 21080.66” portion of this document for
reference.

Project Complies . The tribal notification
and consultation process has been
completed. Two Native American tribes
requested consultation within the
required timeframe, the Rincon Band of
Luiseno Indians and the Pala Band of
Mission Indians. The city met with both
tribes and the representatives verbally
requested tribal monitoring during the
grading operations. The Rincon Band of
Luiseno Indians submitted a letter on Dec.
22, 2025 formalizing the request for
monitoring as part of the project
conditions. The requested conditions for
monitoring have been included in the
draft Planning Commiss ion
Resolution.

Therefore, the project site meets the
criteria set forth in Section
21080.66(a)(7).

Ref
erences:

Letter from Rincon Band of Luiseno
Indians, Dec. 22, 2025
21080.66(c)(1)
(A) The local government shall, as a condition of
approval for the development, require the development
Project Complies. The project is
conditioned to complete a Phase I
Sept. 29, 2026
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PRC Section 21080.66 Housing Development Project CEQA Exemption Evaluation Checklist Criteria and Requirements Evaluation
proponent to complete a phase I environmental
assessment, as defined in Section 78090 of the Health
and Safety Code.
(B
) If a recognized environmental condition is found, the development proponent shall complete a preliminary
endangerment assessment, as defined in Section 78095
of the Health and Safety Code, prepared by an
environmental assessor to determine the existence of
any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property
or activity.
(C
) If a release of a hazardous substance is found to exist on the site, the release shall be removed or any effects of the release shall be mitigated to levels required by current federal and state statutory and regulatory
standards before the local government issues a
certificate of occupancy.
(D
) If a potential for exposure to significant hazards from surrounding properties or activities is found to exist, the effects of the potential exposure shall be mitigated to
levels required by current federal and state statutory
and regulatory standards before the local government
issues a certificate of occupancy.

Environmental Site Assessment prior to
issuance of the grading permit.
21080.66(c)(2)
For any housing on the site located within 500 feet of a freeway, all of the following shall apply:
(A
) The building shall have a centralized heating,
ventilation, and air-conditioning system.
(B
) The outdoor air intakes for the heating, ventilation, and air-conditioning system shall face away from the
freeway.
(C
) The building shall provide air filtration media for
outside and return air that provides a minimum
efficiency reporting value of 16.

Not Applicable. The project site is a
minimum of 2,100 feet from the I-5
freeway.

Sept. 29, 2026
Item #9 Page 187 of 195
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(D) The air filtration media shall be replaced at the
manufacturer’s designated interval.
(E
) The building shall not have any balconies facing the
freeway.
21080.66(d)(1)
Notwithstanding any other law, all construction workers employed in the execution of a housing development
project exempt from this division pursuant to this section where 100 percent of the units within the development
project are dedicated to lower income households, as
defined by Section 50079.5 of the Health and Safety
Code, shall be paid at least the general prevailing rate of per diem wages for the type of work and geographic
area, as determined by the Director of Industrial
Relations pursuant to Sections 1773 and 1773.9 of the
Labor Code, except that apprentices registered in
programs approved by the Chief of the Division of
Apprenticeship Standards may be paid at least the
applicable apprentice prevailing rate, regardless of
whether the housing development project is a public
work.

Not Applicable. The proposed residential
units are not 100 percent dedicated to
lower income households.
21080.66(d)(2)
Notwithstanding any other law, the labor standards of
paragraph (8) of subdivision (a) of Section 65913.4 of
the Government Code shall apply to buildings over 85
feet in height above grade in any housing development
project exempt from this division pursuant to this
section.

Not Applicable. The maximum height of
the project is 53’-5” with allowable
projections extending up to 69’-2”. As
project height would not exceed 85 feet,
the labor standards do not apply.
21080.66(d)(3)
(A) Notwithstanding any other law, the labor standards
of Article 4 (commencing with Section 65912.130) of
Chapter 4.1 of Division 1 of Title 7 of the Government
Code shall apply for projects of 50 units or greater in the City and County of San Francisco that are not covered by paragraph (2), for any construction craft where at least 50 percent of the units in market-rate multifamily
housing projects that received their certificate of
occupancy between 2022 and 2024, inclusive, were built
by workers that were paid not less than the general
prevailing rate of per diem wages.

Not Applicable. The project site is not
within the City or County of San
Franscisco.

Sept. 29, 2026
Item #9 Page 188 of 195
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PRC Section 21080.66 Housing Development Project CEQA Exemption Evaluation Checklist Criteria and Requirements Evaluation
(B) For purposes of this section, “market-rate multifamily housing development project” means a housing
development project of greater than 10 units where less than 95 percent of the units are dedicated to lower
income households, as defined by Section 50079.5 of the
Health and Safety Code.
(C
) (i) The eligibility of this subparagraph, by
classification, will be determined by the Department of
Industrial Relations and published on its internet
website by January 1, 2026.
(ii) In making a determination of eligibility pursuant to this subparagraph, the Director of Industrial Relations shall obtain and consider data from the labor
organizations and employers or employer associations
concerned no later than October 1, 2025.
(iii) To determine the number of market-rate multifamily housing projects that received their certificate of
occupancy in a given year, the Department of Industrial Relations shall use the annual progress report data as
reported by the jurisdiction pursuant to Section 65400 of the Government Code.

Sept. 29, 2026
Item #9 Page 189 of 195
From: Cheryl Madrigal <[email protected]> Sent: Thursday, February 5, 2026 11:57 AM To: S
hannon Harker <[email protected]>Cc: Shuuluk Linton <[email protected]>; Jennifer Pahua <[email protected]>; Robert Efird III <[email protected]>; Eric Lardy <[email protected]>
Subject: RE: Rincon Roosevelt Project
Sounds good. Thanks,
Ch
eryl
Cheryl Madrigal
Cultural Resources Manager
Tribal Historic
Preservation Officer
Cultural Resources Department
Wa$xayam Pomk
i Museum
Rincon Band of
Luiseño Indians
1 West Tribal Road | Valley Center, CA 92082
Mailing address: One Government Center Ln. | Valley Center, CA 92082 Office: (760) 749 1092 ext. 323|Cell: 760-648-3000
Fax: 760-749-8901
Email: [email protected]
The contents of this E-mail message and its attachments are intended solely for the addressee(s) hereof. If you are not the named addressee, or if this message has been addressed to you in error, you are directed not to read, disclose, reproduce, distribut e, disseminate, or otherwise use this transmission. If you have received this transmission in error, please alert the sender by reply E - mail, and we request that you immediately delete this message and its attachments, if any. UNAUTHORIZED INTERCEPTION IS PROHIBITED BY APPLICABLE LAW.

Fr
om: Shannon Harker <[email protected]>
Sent: Thursday, February 5, 2026 10:52 AM
To: Cheryl Madrigal <[email protected]>
Cc: Shuuluk Linton <[email protected]>; Jennifer Pahua <[email protected]>; Robert Efird III <[email protected]>; Eric Lardy <[email protected]> Subject: RE: Rincon Roosevelt Project
Thank you, Cheryl. I appreciate the confirmation. I’ve incorporated the requested conditions and changes referenced below in the draft Planning Commission resolution for the project. Your letter will also be an attachment to the staff report.

Thanks,
Shannon Harker
Sept. 29, 2026
Item #9 Page 190 of 195
Community Development Department
Shannon Harker, Senior Planner
1635 Faraday Ave.

Carlsbad, CA 92008
442-339-2621 direct | [email protected]
Development or Planning-related Inquiries
The Planning Team is here to assist you with resources online, by phone (442) 339-2610, by email [email protected], or in-person by appointment.

Appointment-Based Submittals
Appointments for new projects can be made online.

Application Resubmittals
Please contact your planner directly to schedule a resubmittal drop-off appointment.

From: Cheryl Madrigal <[email protected]>
Sent: Thursday, February 5, 2026 9:52 AM
To: Shannon Harker <[email protected]>
Cc: Shuuluk Linton <[email protected]>; Jennifer Pahua <[email protected]>; Robert Efird III <[email protected]>; Eric Lardy <[email protected]> Subject: RE: Rincon Roosevelt Project
Míiyu (hello) Shannon,
Thank you for your response. We agree with your proposed revisision to the measures.

The THPO has no further comments and we can conclude consultation at this time.

No$úun lóoviq (thanks),
Cheryl
Ch
eryl Madrigal
Cultural Resources Manager
Tribal Historic Preservation Officer
Cultural Resources Department
Wa$xayam Pomki Museum
Rincon Band of Luiseño Indians
1 West Tribal Road | Valley Center, CA 92082
Mailing address: One Government Center Ln. | Valley Center, CA 92082 Office: (760) 749 1092 ext. 323|Cell: 760-648-3000
Fax: 760-749-8901
Email: [email protected]
Sept. 29, 2026
Item #9 Page 191 of 195

The contents of this E-mail message and its attachments are intended solely for the addressee(s) hereof. If you are not the named addressee, or if this message has been addressed to you in error, you are directed not to read, disclose, reproduce, distribut e, disseminate, or otherwise use this transmission. If you have received this transmission in error, please alert the sender by reply E - mail, and we request that you immediately delete this message and its attachments, if any. UNAUTHORIZED INTERCEPTION IS PROHIBITED BY APPLICABLE LAW.

From: Shannon Harker <[email protected]>
Sent: Tuesday, December 23, 2025 9:54 AM
To: Cheryl Madrigal <[email protected]>
Cc: Shuuluk Linton <[email protected]>; Jennifer Pahua <[email protected]>; Robert Efird III <[email protected]>; Eric Lardy <[email protected]> Subject: RE: Rincon Roosevelt Project

Hi Cheryl,
We’ve reviewed your letter and would like to request a minor amendment. Please replace “Planning Director” with “City Planner” and “Board of Supervisors” with “City Council.” Once these changes are made, we will incorporate the comments as condition(s) as part of the resolution we present to the Planning Commission and City Council. At this time, the project is tentatively scheduled to be considered by the Planning Commission on 2/28/26 and the City Council approximately 2 months after this date.

Here’s the section on page 3 that references this:

Thanks,
Shannon Harker

Community Development Department
Shannon Harker, Senior Planner
1635 Faraday Ave.

Carlsbad, CA 92008
442-339-2621 direct | [email protected]

Development or Planning-related Inquiries
Sept. 29, 2026
Item #9 Page 192 of 195
The Planning Team is here to assist you with resources online, by phone (442) 339-2610, by email [email protected], or in-person by appointment.

Appointment-Based Submittals
Appointments for new projects can be made online.

Application Resubmittals
Please contact your planner directly to schedule a resubmittal drop-off appointment.

From: Cheryl Madrigal <[email protected]>
Sent: Monday, December 22, 2025 3:05 PM
To: Shannon Harker <[email protected]>
Cc: Shuuluk Linton <[email protected]>; Jennifer Pahua <[email protected]>; Robert Efird III <[email protected]>; Eric Lardy <[email protected]> Subject: Rincon Roosevelt Project

Shannon,

Please see attached response letter to above mentioned project. If you have any questions or comments, please contact us.

Thank you for the opportunity to protect our cultural materials and heritage sites.

Sincerely,

Cheryl

Cheryl Madrigal
Cultural Resources Manager
Tribal Historic Preservation Officer
Cultural Resources Department
Rincon Band of Luiseño Indians
1 West Tribal Road | Valley Center, CA 92082
Mailing address: One Government Center Ln. | Valley Center, CA 92082 Office: (760) 749 1092 ext. 323|Cell: 760-648-3000
Fax: 760-749-8901
Email: [email protected]

This message is intended only for the use of the individual or entity to which it is addressed. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the sender of this E-Mail by return E-Mail or by telephone. In accordance with Internal Revenue Service Circular 230, we advise you that if this email contains any tax advice, such tax advice was not intended or written to be used, and it cannot be used, by any taxpayer for the purpose of avoiding penalties that may be imposed on the taxpayer.

Sept. 29, 2026
Item #9 Page 193 of 195

TRIBAL HISTORIC PRESERVATION OFFICE

PALA BAND OF MISSION INDIANS
PMB 50, 35008 Pala Temecula Road | Pala, CA 92059
Phone 760-891-3510 | www.palatribe.com

Consultation Letter 8

September 23, 2025

Shannon Harker
Senior Planner
City of Carlsbad
[email protected]

Re: Assembly Bill 130 Notification of Proposed Project- Rincon Roosevelt CT2024-0008/SDP2024-0022 (DEV2023-0105), Project Location 2747-2775 Roosevelt Street

Dear Shannon Harker:

The Pala Band of Mission Indians Tribal Historic Preservation Office has received your notification of the project referenced above. This letter constitutes our response on behalf of Robert Smith, Tribal Chairman.

We have consulted our maps and determined that the project as described is not within the boundaries of the recognized Pala Indian Reservation. It is, however, within the boundaries of the territory that the tribe considers its Traditional Use Area (TUA) or it is situated in close proximity to the Reservation and information generated would likely be useful in better understanding regional culture and history.

Therefore, we would like to initiate consultation at this time. Please forward any maps, reports, and scheduled or completed cultural resource surveys to our office, either by e-mail or postal mail.

We appreciate involvement with your initiative and look forward to working with you on future efforts.

Pala is now offering tribal monitoring services. If you have questions or need additional information, please do not hesitate to contact the THPO Office by e-mail at [email protected].

Sincerely,

Shasta C. Gaughen, PhD
Tribal Historic Preservation Officer
Pala Band of Mission Indians

Sept. 29, 2026
Item #9 Page 194 of 195

STATE ST

ROOSEVELT ST

BEECH AV

STATE ST ALLEY

MADISON ST

GRAND AV

ARBUCKLE PL
EL

CAMINOREAL

LA COSTA AV

ALGA RD

CARLSBAD BL
CT 2024-0008/SDP 2024-0022
Rincon Roosevelt

SITE MAP
J
SITE
Map generated on: 1/7/2026
Exhibit 11
Sept. 29, 2026
Item #9 Page 195 of 195

1 Adriana Trujillo
From: Council Internet Email
Sent: Monday, September 28, 2026 8:51 AM
To: City Clerk
Subject: FW: Please - Do Not approve the 4 story luxury condo DT -----Original Message-----
From: June Lombardi <[email protected]>
Sent: Monday, September 28, 2026 8:26 AM
To: Council Internet Email <[email protected]>
Subject: Please - Do Not approve the 4 story luxury condo DT Dear City Council,
Please do not approve the 4 story luxury condo in DT Carlsbad. It destroys the beach community vibe, and introduces a modern monstrosity in the middle of a walkable charming area. Also, we don’t need more traffic and parking issue in the already Ɵght and congested area.

Thank you,
June Lombardi
Resident
CAUTION: Do not open aƩachments or click on links unless you recognize the sender and know the content is safe.

All Receive - Agenda Item #_____
For the Information of the:

CITY COUNCIL
Date: ___________ CA ____ CC____
CM ____ ACM ____ DCM (3) ____
9 9/28/2026 x x
x x x
1 Adriana Trujillo
From: Steve Linke <[email protected]>
Sent: Monday, September 28, 2026 11:14 AM
To: City Clerk
Subject: Public comment from ELUA on 9/29/2026 City Council Agenda Item #9: Rincon Roosevelt project Attachments: 2026-09-29 CC Item 9 - Rincon Roosevelt - ELUA comment.pdf Please see the aƩached PDF file.

CAUTION: Do not open aƩachments or click on links unless you recognize the sender and know the content is safe.

All Receive - Agenda Item #_____
For the Information of the:

CITY COUNCIL
Date: ___________ CA ____ CC____
CM ____ ACM ____ DCM (3) ____
9 9/28/2026 x x
x x x

Equitable Land Use Alliance
300 Carlsbad Village Dr, PMB 108A-79
Carlsbad, CA 92008

September 28, 2026

Re: September 29, 2026 City Council Agenda Item #9: Rincon Roosevelt project City Council:

Summary of recommendations:
• Deny the current application by adopting Resolution #1 due to the project’s non- compliance with the Housing Crisis Act (HCA)’s tenant protection requirements. • Given the 11 waivers of development standards and reduced parking proposed for the project, include a “reduced-parking project” condition of approval related to a potential neighborhood parking program to protect off-site parking spaces. This condition may be deemed enforceable in the future, but not including the condition now means it would never be enforceable for this project.

The project is using state density bonus laws to get 11 waivers of development standards related to building height, building massing, clearances, step backs, the location of a transformer in front of the building (rather than behind), small parking spaces (8’ x 16.6’, rather than 8.5’ x 20’), etc. They are also using a state housing-related law to declare themselves completely exempt from CEQA.

Further, the project is using another state law to provide less than the city’s minimum parking based on the project’s proximity to the Carlsbad Village Train Station under the assumption that its users (residents, guests, employees, and/or customers) will choose to use transit rather than vehicles/vehicle ownership. The project is providing 42 parking spaces (38 residential + 4 commercial), while the Village and Barrio Master Plan requires 59 parking spaces (39 residential + 20 commercial).

We are concerned that the project’s users will not be willing or able to use the low-frequency transit system, and instead use scarce neighborhood on-street parking, the post office parking lot, or other parking.

Given the vast number of state-imposed waivers and exemptions being used by the project, over which the city has limited or no control, ELUA feels it is critical to exert local control to the extent still possible. Accordingly, the following new Condition of Approval (or similar language) should be added to restrict project users to on-site parking and transit, as intended by state law, should parking conditions in the surrounding neighborhood ever warrant that:

Equitable Land Use Alliance 2
Reduced-parking projects. A project with less than the city’s minimum parking requirements is approved under the rationale that its users (residents, guests, employees, customers, etc.) will forego vehicle ownership/usage for alternative modes of travel. Therefore, the city may exclude such users from any existing or future parking program that applies to off-site parking, including on-street parking. For projects that include leased/rented units, this may be coupled with a requirement to charge separately for parking to further encourage use of alternative travel modes. The project’s status as a reduced-parking project must be disclosed to all potential users, including encouragement to use non-single occupancy vehicle modes of travel, rather than individual vehicle ownership, and the possible lack of access to off-site parking and/or imposition of unbundled parking fees.

The City of Carlsbad submitted an inquiry to the Department of Housing and Community Development (HCD) asking whether such a condition of approval would be enforceable. If it is deemed enforceable by HCD and/or a court, then it could be applied to this project. If not, then simply do not enforce it. If the language is not included, though, there would be no chance for enforcement. We suggest that this should be standard policy for all reduced-parking projects going forward.

ELUA Board of Directors
• Steve Linke, PhD
• Kris Wright
• Diane Bedrosian, MD

The Equitable Land Use Alliance is a nonpartisan nonprofit group based in Carlsbad, CA. We are dedicated to educating, engaging, and empowering residents to take part in housing policy decisions. Our mission is to support community self-determination and encourage thoughtful, sustainable development.