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HomeMy WebLinkAbout2025-05-07; Planning Commission; 02; Ryan Remodel – 2nd and 3rd Story addition and remodel of an existing single-family residenceMeeting Date: May 7, 2025 Item 2 To: Planning Commission Staff Contact: Mike Strong, Assistant Director of Community Development, 442-339-2721, mike.strong@carlsbadca.gov Subject: Ryan Remodel – 2nd and 3rd Story addition and remodel of an existing single- family residence. Location: 2678 Ocean Street / APN: 203-141-09-00 / District 1 Case Numbers: CDP2024-0007 (DEV2024-0028) Applicant/Representative: Paul Longton, 760-458-0987, pjlongton@gmail.com CEQA Recommendation: ☐Not a Project ☒ Exempt ☐ IS/ND or IS/MND ☐ EIR ☐Other: Permit Type(s): ☐SDP ☐ CUP ☒ CDP ☐ TM/TPM ☐ GPA ☐ REZ ☐ LCPA ☐Other: Commission Action: ☒Decision ☐ Recommendation to City Council ☐ Informational (No Action) Recommended Actions That the Planning Commission ADOPT the Planning Commission Resolution (Exhibit 1) RECOMMENDING APPROVAL of a Coastal Development Permit to allow for the addition and remodel of an existing single-family residence (CDP 2024-0007), based on the findings and subject to the conditions contained therein. Existing Conditions & Project Description Existing Setting The subject site consists of a 0.08-acre (3,500 square foot) lot, located at 2678 Ocean Street. The lot is generally flat and is presently developed with a 2,367 square foot, two-story, single-family residence, and 469 square foot attached garage, constructed in the 1990s. The surrounding neighborhood is developed with a mixture of older one and two-story single-family and multi-family residences and newer two and three-story single-family residences. No public beach access or coastal resources are identified onsite, and no Site Map May 7, 2025 Item #2 1 of 34 improvements exist along the subject property’s frontage with Ocean Street. Table “A” below includes the General Plan designations, zoning and current land uses of the subject site and surrounding properties. Also refer to Exhibit 2 for a larger site map. TABLE A – SITE AND SURROUNDING LAND USE Location General Plan Designation Zoning Designation Current Land Use Site Residential, 11.5-15 dwelling units per acre (R- 15) Multiple-Family Residential (R-3) Zone w/ Beach Area Overlay (BAO) Single-Family Residence North Residential, 11.5-15 dwelling units per acre (R- 15) Multiple-Family Residential (R-3) Zone w/ Beach Area Overlay (BAO) Single-Family Residence South Residential, 11.5-15 dwelling units per acre (R- 15) Multiple-Family Residential (R-3) Zone w/ Beach Area Overlay (BAO) Single-Family Residence East Residential, 11.5-15 dwelling units per acre (R- 15) Multiple-Family Residential (R-3) Zone w/ Beach Area Overlay (BAO) Single-Family Residence West Residential, 19-23 dwelling units per acre (R- 23) Multiple-Family Residential (R-3) Zone w/ Beach Area Overlay (BAO) Multi-Family Residence General Plan Designation Zoning Designation Proposed Project Proposed Residential Construction: The proposed project would add 998 square feet to an existing 2,367 square foot, two-story single-family residence with an attached 469 square foot two-car garage. The details of the request consist of adding 188 square feet to the second story and 810 square feet to the third story. The proposed improvements would result in 2,598 square feet allocated to the primary residence. The applicant also proposes to convert 767 square feet of the existing 1,081 square foot first floor into an accessory dwelling unit May 7, 2025 Item #2 2 of 34 (ADU). The existing two-story residence measures 22 feet in height, with a chimney height of 24 feet. The resulting three-story residence would have an overall height of 30 feet and a 3-foot chimney protrusion. The existing footprint of the home (or total area of the lot that is covered by the building) would remain the same in its current condition. The exterior of the residence would feature gray stucco, a wood-stained garage door and entry door, black composite guardrails, a black tile roof, and stone veneer. The applicant also proposes to convert 767 square feet of the existing 1,081 square foot first floor into an accessory dwelling unit (ADU). Since ADU conversion is created within an existing structure, it would be constructed in the same location and to the same dimensions as the existing structure. Over the years, Accessory Dwelling Unit Law (Government Code Sections 66310 – 66342) has been revised to reduce barriers, better streamline approval and expand capacity to accommodate the development of ADUs. Accessory Dwelling Unit Law requires ministerial approval of an application for an ADU. The ADU portion of this project is currently in review under a separate Coastal Development Permit (CDP 2024-0008) and is therefore not a part of the Project to be considered by the Planning Commission. References for the ADU are included within this staff report for informational purposes only. Public Outreach & Comment Public notice of the proposed project was mailed on Nov. 22, 2024, to property owners within 600 feet of the subject property and all occupants within 100 feet. A notice of project application sign was posted at the site on Dec. 31, 2024. Additionally, the project is not subject to the enhanced stakeholder outreach in City Council Policy No. 84 (Development Project Public Involvement Policy). Response to Public Comment & Project Issues No comments were received. Project Analysis General Plan Consistency The project site has a General Plan Land Use designation of R-15 Residential which allows for the development of single-family residences at a density of 11.5-15 dwelling units per acre (du/ac). The City of Carlsbad General Plan includes several goals and policies that guide development and land use within the city. A discussion of how the project is consistent with the applicable General Plan policies is summarized in Exhibit 3. Municipal Code Consistency The City of Carlsbad Municipal Code, most notably Title 21 Zoning Code, includes requirements and provisions that guide development and land use within the city, consistent with the General Plan. The project is required to comply with all applicable regulations and development standards of the Carlsbad Municipal Code (CMC) including the Multiple-Family Residential (R-3) Zone (CMC Chapter 21.16), and the Beach Area Overlay (BAO) Zone (CMC Chapter 21.82). Specific compliance with these relevant requirements is described in Exhibit 3. Local Coastal Program Consistency The project site is in the Coastal Zone and requires a Coastal Development Permit. The project complies with the Local Coastal Program (Mello II Segment), including all goals and policies of the General Plan and all zoning code standards, as referenced above. The city’s decision on the Coastal Development Permit is appealable to the California Coastal Commission. May 7, 2025 Item #2 3 of 34 Inclusionary Housing Ordinance The inclusionary housing ordinance does not apply to existing residences which are altered, improved, repaired, expanded or extended, and provide that the number of units is not increased. Since there will not be an increase in the number of units on the subject property, and the project involves the alteration and expansion of an existing residence, the project is exempt from the inclusionary housing requirements. Discretionary Actions & Findings The proposed project requires approval of a Coastal Development Permit which is discussed below. Coastal Development Permit (CDP 2024-0007) Approval of a Coastal Development Permit (CDP) is required to ensure that the project complies with Mello II Segment of the Local Coastal Program (CMC Chapter 21.201) and the Costal Resource Protection Overlay Zone (CMC Chapter 21.203). Staff has determined that the required findings for this application can be met (Exhibit 3). Environmental Review Prior to final action by the decision-making body on the project, an environmental determination shall be made by the appropriate decision-makers as part of the approval action to ensure agency compliance with the California Environmental Quality Act (CEQA). Staff has reviewed the scope of the project and applicable studies provided by the applicant and finds that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to CEQA in accordance with CEQA Guidelines Section 15301(e) – “Existing Facilities.” Section 15301(e) exempts additions to existing structures provided that the addition will not result in an increase of more than 50 percent of the floor area of the structures before the addition. The project proposes a 998 square foot addition, which is 42% of the existing 2,367-sqaure-foot single family dwelling. A draft Notice of Exemption is included as Exhibit 5. This must be reviewed and considered prior to approval of the project. The draft Notice of Exemption demonstrates that the project qualifies for the exemption – and that none of the exceptions to categorical exemptions listed in the CEQA Guidelines Section 15300.2 or Chapter 19.04 of the Municipal Code have been triggered. As part of an additional and optional public disclosure, the draft Notice of Exemption was posted on the city’s website on March 26, 2025 and an email was sent to parties signed up to receive environmental notices. Conclusion Considering the information above and in the referenced Exhibits, staff has found that the proposed project is consistent with all applicable policies of the General Plan and Local Coastal Program, provisions of the Municipal Code and Local Facility Management Zone. In addition, there are no environmental issues associated with the project. The project would be required to comply with all applicable California Building Standards Codes and engineering standards through the standard building permit and civil improvement plan checking process. Staff recommends the Planning Commission adopt the resolution to approve the proposed project described in this staff report, which includes the determination that the project is exempt from CEQA. Exhibits 1. Planning Commission Resolution May 7, 2025 Item #2 4 of 34 2. Location Map 3. Project Analysis 4. Disclosure Form 5. Draft CEQA Notice of Exemption 6. Reduced Exhibits 7. Full Size Exhibit(s) “A” – “F” dated May 7, 2025 (On file in the Planning Division) 8. List of Acronyms and Abbreviations 9. Public Comment May 7, 2025 Item #2 5 of 34 Exhibit 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A COASTAL DEVELOPMENT PERMIT TO ALLOW FOR THE ADDITION AND REMODEL OF AN EXISTING SINGLE-FAMILY RESIDENCE WITHIN THE MELLO II SEGMENT OF THE CITY’S LOCAL COASTAL PROGRAM LOCATED AT 2678 OCEAN ST. WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: RYAN REMODEL CASE NO: CDP 2024-0007 (DEV2024-0028) WHEREAS, Paul Longton, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Timothy T. Ryan, “Owner,” described as LOT 83 OF GRANVILLE PARK UNIT NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2037, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 18, 1927. (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibit(s) "A" – "F", dated May 7, 2025, on file in the Carlsbad Planning Division, CDP 2024- 0007 (DEV2024-0028) – RYAN REMODEL, as provided in Chapter 21.201.030 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA, Public Resources Code section 21000 et. seq.) and its implementing regulations (the State CEQA Guidelines), Article 14 of the California Code of Regulations section 15000 et. seq., the city is the Lead Agency for the project, as the public agency with the principal responsibility for approving the proposed project; and WHEREAS, the Planning Commission did, on May 7, 2025, hold a duly noticed public hearing as prescribed by law to consider said request relative to the Coastal Development Permit land use application; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Coastal Development Permit. PLANNING COMMISSION RESOLUTION NO. May 7, 2025 Item #2 6 of 34 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the above recitations are true and correct. B) Compliance with CEQA. The proposed action to remodel and add to an existing single- family residence is categorically exempt from environmental review under CEQA Guidelines Section 15301(e) (Class 1 – Existing Facilities) because the addition to the existing structure will not result in an increase of more than 50 percent of the floor area of the structure before the addition. No exceptions to the categorical exemption as set forth in CEQA Guidelines Section 15300.2 or Carlsbad Municipal Code Section 19.04.070(C) apply. The notice of exemption will be filed with the Recorder/County Clerk within five days after project approval by the decision-making body. C) The details of the request include adding 998 square feet to an existing 2,367 square foot, two-story single-family residence with an attached 469 square foot two-car garage. The Developer is concurrently requesting approval of a proposed Accessory Dwelling Unit (ADU), which would be constructed in the same location and to the same dimensions as the existing structure. Pursuant to State law (Government Code Section 66320(a)), the application for the ADU shall be considered without discretionary review or hearing. Therefore, the ADU is not a part of the application to be considered by the Planning Commission. If any references are made in this resolution to the ADU, the reference is made for informational purposes only. D) That based on the evidence presented at the public hearing, the Commission APPROVES CDP 2024-0007 (DEV2024-0028) – RYAN REMODEL, based on the following findings and subject to the following conditions: Findings: Coastal Development Permit 1. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the site is designated for residential development, and the project proposes to remodel an existing 2,367-square-foot, two-story single-family residence with an attached 469-square-foot two-car garage. The details of the request consist of adding 188 square feet to the second story and 810 square feet to the third story. The development is consistent with the LCP Mello II R-15 land use designation. The site is suitable for the residential remodel proposed since the project is located on property that is surrounded by residential uses at a relatively similar bulk, size, and scale. The building intensity, size and type of remodel proposed is compatible with the surrounding neighborhood. No agricultural activities, sensitive resources, geological instability, flood hazard or coastal access opportunities exist onsite. Given that the project site is located in a residential neighborhood where the majority of dwellings are two- and three-stories, the addition of a third story to an existing two-story single-family residence will not obstruct views of the coastline as seen from public lands or public right-of- way, nor otherwise damage the visual beauty of the Coastal Zone. 2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act in that the property is not located adjacent to the coastal shore; therefore, it will not interfere with the public’s right to physical access or water-oriented recreational activities. May 7, 2025 Item #2 7 of 34 3. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the city's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants, and soil erosion. The site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 4. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 1 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. 5. The Planning Commission expressly declares that it would not have approved this Coastal Development Permit application to use the Property for completing and implementing the project, except upon and subject to each and all of the conditions hereinafter set, each and all of which shall run with the land and be binding upon the Developer and all persons who use the Property for the use permitted hereby. For the purposes of the conditions, the term “Developer” shall also include the project proponent, owner, permittee, applicant, and any successor thereof in interest, as may be applicable. If the Developer fails to file a timely and valid appeal of this Coastal Development Permit within the applicable appeal period, such inaction by the Developer shall be deemed to constitute all of the following on behalf of the Developer: a. Acceptance of the Coastal Development Permit by the Developer; and b. Agreement by the Developer to be bound by, to comply with, and to do all things required of or by the Developer pursuant to all of the terms, provisions, and conditions of this Coastal Development Permit or other approval and the provisions of the Carlsbad Municipal Code applicable to such permit. 6. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. May 7, 2025 Item #2 8 of 34 Conditions: General NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of building permit. 1. Approval is granted for CDP 2024-0007 (DEV2024-0028) – RYAN REMODEL as shown on Exhibits "A" – "F", dated May 7, 2025, on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. If any of the following conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the city shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the city’s approval of this Coastal Development Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Coastal Development Permit, documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, different from this approval, shall require an amendment to this approval. 4. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney’s fees incurred by the city arising, directly or indirectly, from (a) city’s approval and issuance of this Coastal Development Permit, (b) city’s approval or issuance of any permit or action, whether discretionary or nondiscretionary, in connection with the use contemplated herein, and (c) Developer/Operator’s installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the city’s approval is not validated. May 7, 2025 Item #2 9 of 34 7. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the site plan, conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision- making body. The copy shall be submitted to the City Planner, reviewed and, if found acceptable, signed by the city's project planner and project engineer. If no changes were required, the approved exhibits shall fulfill this condition. 8. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 9. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 10. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 11. The primary unit and ADU must both provide complete, independent living facilities for one or more persons. A 1-hour fire-resistance rating is required per Section R302.3. Additionally, common walls and floor/ceiling assemblies between units must also meet a sound transmission rating of STC 50 or higher, per section 1207 of the Building Code. Although the walls are existing, they need to be modified to comply with the fire-rating and opening protection requirements of Table R302.1(1) or R302.1(2), whichever is applicable. 12. Prior to the issuance of the Building Permit, Developer shall submit to the city a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Coastal Development Permit by the subject Resolution on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. May 7, 2025 Item #2 10 of 34 NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission’s decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. The project site is within the appealable area of the California Coastal Commission. This Coastal Development Permit (CDP) shall not become effective until ten (10) working days have elapsed, without a valid appeal being filed with the Coastal Commission, following the Coastal Commission's receipt of the city's notice of the CDP issuance ("Notice of Final Action"). The filing of a valid appeal with the Coastal Commission within such time limit shall stay the effective date of this CDP until such time as a final decision on the appeal is reached by the Coastal Commission. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on May 7, 2025, by the following vote, to wit: AYES: NAYES: ABSENT: ABSTAIN: ROY MEENES, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: ERIC LARDY City Planner May 7, 2025 Item #2 11 of 34 NOTICE TO APPLICANT An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal prior to any judicial review. The project site is within the appealable area of the California Coastal Commission. This Coastal Development Permit (CDP) shall not become effective until ten (10) working days have elapsed, without a valid appeal being filed with the Coastal Commission, following the Coastal Commission's receipt of the city's notice of the CDP issuance ("Notice of Final Action"). The filing of a valid appeal with the Coastal Commission within such time limit shall stay the effective date of this CDP until such time as a final decision on the appeal is reached by the Coastal Commission. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on May 7, 2025, by the following vote, to wit: AYES: Meenes, Burrows, Hubinger, Lafferty, Merz, Stine. NAYES: None. ABSENT: None. ABSTAIN: Foster. ROYENEs, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: ERIC LARDY City Planner PACIFIC OCEAN O C E A N S T G A R F I E L D S T BEEC H A V C A R L S B A D B L BEAC H A C C E SS BEACH A C C E SS E L C AMINO R E A L LA COSTA AV A L G A R D C A R L S B A D B L CDP 2024-0007 (DEV2024-0028) RYAN REMODEL SITE MAP J SITE Map generated on: 12/13/2024 Exhibit 2 May 7, 2025 Item #2 12 of 34 PROJECT ANALYSIS Exhibit 3 (GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS) PROJECT ANALYSIS The project is subject to the following regulations: A.General Plan R-15 Land Use Designation B.Multiple-Family Residential (R-3) Zone (CMC Chapter 21.16) and Beach Area Overlay (BAO) Zone (CMC Chapter 21.82). C.Coastal Development Procedures for the Mello II Segment of the Local Coastal Program (CMC Chapter 21.201); and Coastal Resource Protection Overlay Zone (CMC Chapter 21.203) D.Growth Management Ordinance (CMC Chapter 21.90) and Local Facilities Management Plan Zone 1 The recommendation for approval of this project was developed by analyzing the project’s consistency with the applicable regulations and policies. The project’s compliance with each of the above regulations is discussed in detail within the sections below. A.General Plan R-15 Residential Land Use Designation The General Plan Land Use designation for the property is R-15, Residential. The R-15, Residential Land Use designation allows for residential development at a density between 11.5 to 15 dwelling units per acre. The project proposes an addition and remodel to an existing single-family residence. Per Land Use and Community Design Element Policy 2-P.7 allows for one single-family dwelling is permitted to be constructed on a legal lot that existed as of October 28, 2004, and is not an identified Housing Element housing site. The subject lot was legally created on June 18, 1927. B.Multiple-Family Residential (R-3) Zone (Chapter 21.16) The project is required to comply with all applicable regulations and development standards of the Carlsbad Municipal Code (CMC) including the Multiple-Family Residential (R-3) Zone (CMC Chapter 21.16) and Beach Area Overlay (BAO) Zone (CMC Chapter 21.82). Table “A” below shows how the project complies with the applicable requirements of the R-3 zone. TABLE A- R-3 ZONE COMPLIANCE STANDARDS REQUIRED PROPOSED COMPLY Setbacks Front: 20 feet Side: 5 feet Rear: 10 feet Front: 20 feet Side: 5 feet Rear: 10 feet Yes Lot Coverage 60% maximum 45.7% Yes Maximum Building Height Maximum 35 feet 30 feet Yes Parking Two-car garage Two-car garage Yes May 7, 2025 Item #2 13 of 34 PROJECT ANALYSIS (GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS) Page 2 The project is also required to comply with the development standards of the Beach Area Overlay (BAO) Zone. In the Beach Overlay Zone, any principal use, accessory use, transitional use or conditional use permitted in the underlying zone is permitted subject to the same conditions and restrictions applicable in such underlying zone (CMC Section 21.82.030). The proposed project meets all applicable requirements of the BAO zone as demonstrated in Table B below. CMC Section 21.82.040 requires that a site development plan be approved in order for any building permits or other entitlements to be issued for any use in the BAO zone. However, a site development plan is not required for the construction, reconstruction, alteration, or enlargement of a single-family residential dwelling on a residentially zoned lot. TABLE B- BAO ZONE COMPLIANCE STANDARDS REQUIRED PROPOSED COMPLY Maximum Building Height Maximum 30 feet if a minimum roof pitch of 3:12 is provided, or maximum 24 feet if less than a 3:12 roof pitch is provided. 30 feet (w/ 3:12 pitched roof) Yes Visitor Parking 0.30 space per unit (1 space rounded up) 1 visitor parking space Yes Required visitor parking may be provided within driveways, if all streets within and/or adjacent to the project allow for on-street parking on both sides of the street. The project site has a driveway set within the front yard, measuring 18 feet wide and 20 feet deep. The minimum depth of the driveway required for visitor parking of 20 feet applies to driveways for front or side-loaded garages, and is measured from the property line, back of sidewalk, or from the edge of street pavement, whichever is closest to the structure. C. Conformance with the Coastal Development Regulations for the Mello II Segment of the Local Coastal Program (CMC Chapter 21.201) and the Coastal Resource Protection Overlay Zone (CMC Chapter 21.203) The project site is located within the Mello II Segment of the Local Coastal Program (LCP) and is within the appeals jurisdiction. The site is also located within and subject to the Coastal Resource Protection Overlay Zone. The project’s compliance with each of these programs and ordinances is discussed below: 1. Mello II Segment of the Certified Local Coastal Program and all applicable policies The project is located in the Mello II Local Coastal Program Segment. The subject site has an LCP Land Use Plan designation of R-15 Residential, which allows for a density of 11.5 to 15 dwelling units per acre (du/ac) and 11.5 du/ac at the Growth Management Control Point (GMCP). The remodel and addition of an existing single-family residence will not increase the number of units on the property. Therefore, no change in density is proposed or required to be analyzed with respect to applicable LCP policies. The project consists of an addition and remodel of an existing single-family residence and attached garage. The proposed three-story structure is compatible with the surrounding development of two and three-story residential structures and would not impact views. Projects that detract from the existing aesthetic quality of an area may include, but are not limited to, major contrasts in building height and May 7, 2025 Item #2 14 of 34 PROJECT ANALYSIS (GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS) Page 3 bulk (e.g., buildings "too big" for a street) in areas where there is a consistent theme, style, or building height and setbacks. In general, if a project complies with the policies set forth in the General Plan, Local Coastal Program, or any applicable community plan with respect to building height, then the project would not detract from the planned aesthetic quality of a neighborhood, community, or localized area. That is, typically, conformance with land use and environmental goals, objectives, or guidelines of the General Plan or zoning standard would mean that the project is not significantly impacting views. Still, when assessing whether existing views would be obstructed, interrupted, or diminished by the proposed structure or other vertical elements constructed as part of the proposed project, the larger residence will not obstruct views of the coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone as there are currently no views of the coastline from this location. The site is suitable for the residential remodel because the project is located on property that is surrounded by residential uses at a relatively similar bulk, size, and scale. The building intensity, size and type of remodel proposed is compatible with the surrounding neighborhood. No agricultural uses currently exist on the previously developed site, nor are there any sensitive resources located on the site. The residence is not located in an area of known geologic instability or flood hazard. Since the site does not have frontage along the coastline, no public opportunities for coastal shoreline access are available from the subject site. Furthermore, the residentially designated site is not suited for water-oriented recreation activities. 2. Coastal Resource Protection Overlay Zone The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (CMC Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the city’s Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban run-off, pollutants and soil erosion. The subject property does not include steep slopes (equal to or greater than 25% gradient) nor native vegetation. In addition, the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. D. Growth Management (CMC Chapter 21.90) The proposed project is located within Local Facilities Management Zone 1 in the northwest quadrant of the city. There will be no impact to public facilities because the project will not increase the number of units on the property. May 7, 2025 Item #2 15 of 34 � City ofCarlsbad AUTHORIATION, CONSENT, '}t'lgr DISCLOSURE STATEMENT P- 1(A)MAR Development Services Planning Division (,/ r L • '\ 635 Faraday Avenue 442-339-26004 2024 www.carlsbadca.gov � APPLICATION AND ACKNOWLEDGEMENT INFORMATION This submittal farm (Part A through Part F) must be completed as part of your application with the City af 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 af the current corporote articles, partnership agreement, or trust document, as applicable. Provide nam (s) of the person(s) authorized lo sign an behalf of the organization. (A separate page may be attached if necessary.) IF NO INDIVfDUALS OWN MORE T/-IAN 10% OF THE SHARES, PLEASE INDICATE NOT-APPLICABLE (NIA) 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): A\?� 'l.o,3 -{4\ · 0'1 • DO _______________________________ ; and Street Address (if applicable): 2�18 OC'EAl,.1. S"r. -..c..--=----=-__;---=-.:....__-------------- t hat 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. Name:_}_ , --==�==:::::::==��===��t=:��R,-W....!....L----------- Name: -------------------------- Signature: ------------------------- Name: -------------------------- Signature: ------------------------- (For additional names, please use a separate sheet of paper) Page 1 of 6 P-1(/\) Form Rev 6/2023 May 7, 2025 Item #2 16 of 34 May 7, 2025 Item #2 17 of 34 May 7, 2025 Item #2 18 of 34 May 7, 2025 Item #2 19 of 34 May 7, 2025 Item #2 20 of 34 May 7, 2025 Item #2 21 of 34 Exhibit 5 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) 339-5153 Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (California Environmental Quality Act). Project Number and Title: CDP 2024-0007 (DEV2024-0028) — RYAN REMODEL AND ADU Project Location - Specific: 2678 Ocean Street Project Location - City: Carlsbad Project Location - County: San Diego Description of Project: Coastal Development Permit to remodel and add 188-square-feet to the 2nd story of an existing two-story, 2,367-square-foot single-family dwelling with an attached garage, and to add a new 810- square-foot 3rd story addition. Including the addition, the proposed height of the single-family residence will be 30 feet. A separate Minor Coastal Development Permit has been submitted to convert a portion of the first story of the existing single-family dwelling into an accessory dwelling unit (CDP2024-0008). Name of Public Agency Approving Project: City of Carlsbad Name of Person or Agency Carrying Out Project: Megan McElfish, City of Carlsbad Name of Applicant: Paul Longton Applicant’s Address: 2909 Mesa Drive, Oceanside, CA 92054 Applicant’s Telephone Number: (760) 458-0987 Name of Applicant/Identity of person undertaking the project (if different from the applicant above): Exempt Status: (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 – Existing Facilities– Section 15301(e) Statutory Exemptions - State code number: Common Sense Exemption (Section 15061(b)(3)) Reasons why project is exempt: Categorical Exemption: Section 15301(e) - Existing Facilities exempts additions to existing structures provided that the addition will not result in an increase of more than 50 percent of the floor area of the structures before the addition. The project proposes a 998 square foot addition, which is 42% percent of the existing 2,367 square foot single family dwelling. May 7, 2025 Item #2 22 of 34 Exceptions to Exemptions CEQA Section 15300.2 – Exceptions Planning staff evaluated all the potential exceptions to the use of Categorical Exemptions for the proposed project (in accordance with CEQA Guidelines Section 15300.2) and determined that none of these exceptions apply as explained below: a. Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located - a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. This project is eligible for the Class 3 exemption. Response – The location exception is not applicable to Class 1 Exemptions for Existing Facilities. b. Cumulative Impact - “All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant.” Response – There is no evidence to conclude that significant impacts will occur based on past project approvals or that the proposed project's impacts are cumulatively considerable when evaluating any cumulative impacts associated with construction air quality, noise, transportation, or water quality in the area surrounding the proposed project. Accordingly, the project’s incremental impacts, when considered together with the impacts of the related projects, would not result in a cumulatively considerable contribution to a significant cumulative impact. The project, and all future projects, will be required to comply with all applicable local, regional, and state laws, regulations, and guidelines, and as described above, any potential impact cause by the project’s construction and operation would continue to be less than significant and would not contribute significantly to regional cumulative impact in the broader project region. Therefore, this exception does not apply. c. Significant Effect - “A categorical exemption shall not be used for any activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. Examples include projects, which may affect scenic or historical resources.” Response – There are no unusual circumstances that would have a significant impact on the environment due to the project. The project does not involve any unusual circumstances. In regard to biological resources, the project is not located within an existing or proposed Hardline Conservation Areas or Standards Areas of the Habitat Management Plan. d. Scenic Highway - “A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.” Response – Ocean Street is not considered a historical and scenic corridor throughout Carlsbad, is not a highway officially designated as a State Scenic Highway, nor is it easily visible from a Carlsbad historical or scenic corridor or State Scenic Highway. The project site is also surrounded on all sides by existing residential structures. Therefore, implementation of the project will result in similar visual conditions compared with a no project scenario. e. Hazardous Waste Site - “A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code.” May 7, 2025 Item #2 23 of 34 Response – A review of available records did not identify any sites which are included on any list compiled pursuant to Section 65962.4 of the Government Code. f. Historical Resources - “A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.” Response – The project site is currently developed with a single-family home constructed in the 1990s. The building does not possess any architectural or historical significance and does not qualify as a historical resource under CEQA guidelines. Therefore, the project will not result in a substantial adverse change to any historical resource, and this exception does not apply. Carlsbad Municipal Code Section 19.04.070(B) - Exceptions Exceptions. Even though a project may otherwise be eligible for an exemption, no exemption shall apply in the following circumstances: 1. Grading and clearing activities affecting sensitive plant or animal habitats, which disturb, fragment or remove such areas as defined by either the California Endangered Species Act (Fish and Game Code Sections 2050 et seq.), or the Federal Endangered Species Act (16 U.S.C. Section 15131 et seq.); sensitive, rare, candidate species of special concern; endangered or threatened biological species or their habitat (specifically including sage scrub habitat for the California Gnatcatcher); or archaeological or cultural resources from either historic or prehistoric periods; Or 2. Parcel maps, plot plans and all discretionary development projects otherwise exempt but which affect sensitive, threatened, or endangered biological species or their habitat (as defined above), archaeological or cultural resources from either historic or prehistoric periods, wetlands, stream courses designated on U.S. Geological Survey maps, hazardous materials, unstable soils, or other factors requiring special review, on all or a portion of the site. (Ord. NS-593, 2001) Response – The project site is located in a developed part of the city, surrounded by residential uses. The project site currently contains a single-family home, and no grading or changes to the existing footprint of the structure as proposed as part of the project. The site contains only non-natives and ornamental vegetation with no value as habitat for endangered, rare, or threatened species. Furthermore, the site is not within mapped areas of potential critical habitat as depicted in the City’s General Plan1. Given the lack of proposed grading or ground disturbance, the likelihood of encountering intact archaeological or cultural resources on the project site is low. The site has been previously disturbed, which further reduces the potential for the discovery of such resources. There are no identified hazardous materials, unstable soils, or other factors that would require special review for this project location. Lead Agency Contact Person: Megan McElfish Telephone: 442-339-5153 ERIC LARDY, City Planner Date 1 City of Carlsbad. 2015 City of Carlsbad General Plan – Open Space, Conservation, and Recreation Element. Adopted September 2015. https://www.carlsbadca.gov/home/showpublisheddocument/3424/637434861099030000 May 7, 2025 Item #2 24 of 34 • • • • • • • • STUDIO 4 EXPRESSLY RESERVES ITS COMMON LAW AND OTHER PROPERTY RIGHTS IN THIS DOCUMENT. THIS DOCUMENT SHALL NOT BE REPRODUCED, COPIES, CHANGED OR DISCLOSED IN ANY FORM OR MANNER WHATSOEVER WITHOUT FIRST OBTAINING THE EXPRESSED WRITTEN CONSENT OF STUDIO 4. 10/27/2023 May 7, 2025 Item #2 25 of 34 STUDIO 4 EXPRESSLY RESERVES ITS COMMON LAW AND OTHER PROPERTY RIGHTS IN THIS DOCUMENT. THIS DOCUMENT SHALL NOT BE REPRODUCED, COPIES, CHANGED OR DISCLOSED IN ANY FORM OR MANNER WHATSOEVER WITHOUT FIRST OBTAINING THE EXPRESSED WRITTEN CONSENT OF STUDIO 4. 10/27/2023 May 7, 2025 Item #2 26 of 34 STUDIO 4 EXPRESSLY RESERVES ITS COMMON LAW AND OTHER PROPERTY RIGHTS IN THIS DOCUMENT. THIS DOCUMENT SHALL NOT BE REPRODUCED, COPIES, CHANGED OR DISCLOSED IN ANY FORM OR MANNER WHATSOEVER WITHOUT FIRST OBTAINING THE EXPRESSED WRITTEN CONSENT OF STUDIO 4. 10/27/2023 May 7, 2025 Item #2 27 of 34 STUDIO 4 EXPRESSLY RESERVES ITS COMMON LAW AND OTHER PROPERTY RIGHTS IN THIS DOCUMENT. THIS DOCUMENT SHALL NOT BE REPRODUCED, COPIES, CHANGED OR DISCLOSED IN ANY FORM OR MANNER WHATSOEVER WITHOUT FIRST OBTAINING THE EXPRESSED WRITTEN CONSENT OF STUDIO 4. 10/27/2023 May 7, 2025 Item #2 28 of 34 STUDIO 4 EXPRESSLY RESERVES ITS COMMON LAW AND OTHER PROPERTY RIGHTS IN THIS DOCUMENT. THIS DOCUMENT SHALL NOT BE REPRODUCED, COPIES, CHANGED OR DISCLOSED IN ANY FORM OR MANNER WHATSOEVER WITHOUT FIRST OBTAINING THE EXPRESSED WRITTEN CONSENT OF STUDIO 4. 10/27/2023 May 7, 2025 Item #2 29 of 34 STUDIO 4 EXPRESSLY RESERVES ITS COMMON LAW AND OTHER PROPERTY RIGHTS IN THIS DOCUMENT. THIS DOCUMENT SHALL NOT BE REPRODUCED, COPIES, CHANGED OR DISCLOSED IN ANY FORM OR MANNER WHATSOEVER WITHOUT FIRST OBTAINING THE EXPRESSED WRITTEN CONSENT OF STUDIO 4. 10/27/2023 May 7, 2025 Item #2 30 of 34 Exhibit 7 Full Size Exhibit(s) “A” – “F” dated May 7, 2025 (On file in the Planning Division) May 7, 2025 Item #2 31 of 34 LIST OF ACRONYMS AND ABBREVIATIONS Exhibit 8 This is a list of acronyms and abbreviations (in alphabetical order) that are commonly used in staff reports. Acronym Description Acronym Description APA American Planning Association LCPA Local Coastal Program Amendment APN Assessor Parcel Number LOS Level of Service AQMD Air Quality Management District MND Mitigated Negative Declaration BMP Best Management Practice NCTD North County Transit District CALTRANS California Department of Transportation ND Negative Declaration CC City Council PC Planning Commission CCR Conditions, Covenants and Restrictions PDP Planned Development Permit CEQA California Environmental Quality Act PEIR Program Environmental Impact Report CFD Community Facilities District PUD Planned Unit Development CIP Capital Improvement Program ROW Right of Way COA Conditions of Approval RWQCB Regional Water Quality Control Board CofO Certificate of Occupancy SANDAG San Diego Association of Governments CT Tentative Parcel Map SDP Site Development Permit CUP Conditional Use Permit SP Specific Plan DIF Development Impact Fee SWPPP Storm Water Pollution Prevention Program DISTRICT City Council Member District Number TM Tentative Map EIR Environmental Impact Report ZC Zone Change EIS Environmental Impact Statement (federal) EPA Environmental Protection Agency FEMA Federal Emergency Management Agency GP General Plan GPA General Plan Amendment GIS Geographic Information Systems HCA Housing Crisis Act 2019 IS Initial Study May 7, 2025 Item #2 32 of 34 From:Kenneth Klosterman To:Mike Strong; Planning; Eric Lardy Subject:Notice of Public Hearing - Written comments of: CDP2024-0007 (Dev2024-2028) - Ryan Remodel Date:Monday, April 28, 2025 6:05:46 PM Dear [City Council / Planning Commission / Board Members], As a long-term resident of many generations in Carlsbad, I am writing to formally object of the proposed construction at Ocean St. (case name: CDP2024-0007(Dev2024-0028) – Ryan Remodel). This project is not simply a remodel but a significant redevelopment that is inconsistent with the established character of our neighborhood. The proposed structure is notably oversized and threatens to obstruct the views and privacy of adjacent homes. It exemplifies the trend of so called “McMansions” being introduced to the city by short term owners, short-term real estate agents and short-term developers on maybe the financial gain(s), which undermines the cohesive architectural integrity we have long valued. Additionally, the inclusion of an ADU raises concerns about increased transient occupancy and short-term rentals, which could further erode the sense of stability and community Carlsbad has probably worked very hard to maintain. For many years, this community has been defined by modest, appropriately sized homes that reflect a cohesive architectural style by not building over each other and a strong sense of community identity. Allowing a significantly oversized structure not only disrupts the visual harmony but also undermines the historical and social fabric that true residents work hard to preserve. It is disappointing to see proposals being advanced so fast that prioritized by revenue generation over thoughtful, respectful development. i.e. Sending only a 10-day notice, sent via USMail and after local neighbors spoke to the general contractor “Clint”, who is on sight daily and very cordial, informing us in the neighborhood that they are “already halfway done and should be finished soon, so sorry for the inconvenience…” and interjected that “we may go higher in elevation after completion to compete with next door. Which probably demonstrates what Carlsbad does not want. I urge the commission and all its’ well-appointed staff, to consider and rethink the long-term interest of the community, not just the short-term benefits of expanded development. Please reject the proposal in its current form and advocate for development that reflects Carlsbad’s values and traditions. I can only hope that Carlsbad does not want a beach city with high-rise / McMansion style homes being built, given how things are progressing. Exhibit 9 Public Comment May 7, 2025 Item #2 33 of 34 Respectively submitted, Kenneth Klosterman / Owner City of Carlsbad CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. May 7, 2025 Item #2 34 of 34 Mike Strong, Assistant Director of Community Development Community Development Department May 7, 2025 Ryan Remodel CDP 2024-0007 Project Site 2678 Ocean Street •3,500 SF (0.08 acres) •R-3 Zone •Beach Overlay Zone •Mello II Segment Site Plan •188 s.f. addition to the 2nd floor •810 s.f addition to the 3rd floor •767 s.f. ADU conversion on the 1st floor (under separate permit) •Maximum height of 30’ •Existing footprint of the home to remain. 1 st and 2nd Story Floor Plans 3 rd Story Floor Plan Elevation Sections Elevation Sections Ocean Street Perspective ITEM: RECOMMENDATION •ADOPT a resolution APPROVING the Coastal Development Permit (CDP 2024-0007).