HomeMy WebLinkAbout2025-06-18; Planning Commission; Resolution 7545PLANNING COMMISSION RESOLUTION NO. 7545
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, TO APPROVE A CEQA EXEMPTION
DETERMINATION, A VARIANCE AND A MINOR COASTAL DEVELOPMENT
PERMIT TO ALLOW FOR THE CONVERSION AND EXPANSION OF A 495-
SQUARE-FOOT, 10-FOOT-TALL, ONE-STORY, DETACHED GARAGE INTO A
1,025-SQUARE-FOOT, TWO-STORY, 21-FOOT-TALL, DETACHED
ACCESSORY DWELLING UNIT WITHIN THE MELLO II SEGMENT OF THE
CITY'S LOCAL COASTAL PROGRAM LOCATED AT 224 & 226 NORMANDY
LN. WITHIN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: LOPEZ RESIDENCE ADU
CASE NO: V 2024-0005/CDP 2024-0025 (DEV2023-0153)
WHEREAS, Cesar Lopez, "Owner," and "Developer," has filed a verified application with the City
of Carlsbad regarding property described as
LOT 36 OF GRANVILLE PARK, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
1782, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, FEBRUARY 21, 1924.
("the Property"); and
WHEREAS, said verified application constitutes a request for a Variance and Coastal Development
Permit as shown on Exhibit(s) "A" -"I", dated June 18, 2025, on file in the Carlsbad Planning Division, V
2024-0005/CDP 2024-0025 (DEV2023-0153)-LOPEZ RESIDENCE ADU, as provided in Chapters 21.50 and
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 June 18, 2025, hold a duly noticed public hearing as
prescribed by law to consider said request relative to the Variance and 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 Variance
and Coastal Development Permit.
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 convert and expand an existing garage
into an accessory dwelling unit (ADU) is categorically exempt from environmental review
under CEQA Guidelines Section 15303(a) (Class 3 -New Construction or Conversion of
Small Structures) because the project proposes a detached ADU in a residential zone. No
exceptions to the categorical exemption as set forth in CEQA Guidelines Section 15300.2
or Carlsbad Municipal Code Section 19.04.070(() 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 conversion and expansion of an existing 495-square-
foot, one-story, 10-foot-tall, one-car garage into a 1,025-square-foot, approximately 21-
foot-tall, three-bedroom, two-bathroom detached ADU. The request includes adding an
86-square-foot addition on the first floor and adding a 444-square-foot second floor to
create a 1,025-sqaure foot ADU. The ADU will also contain an 18-square-foot balcony on
the second story and an at-grade 221-square-foot concrete patio.
D) That based on the evidence presented at the public hearing, the Commission APPROVES
V 2024-0005/CDP 2024-0025 (DEV2023-0153} -LOPEZ RESIDENCE ADU, based on the
following findings and subject to the following conditions:
Findings:
Variance
1. That because of special circumstances applicable to the subject property, including size, shape,
topography, location or surroundings, the strict application of the zoning ordinance deprives such
property of privileges enjoyed by other property in the vicinity and under identical zoning
classification in that that the subject lot is considered substandard at 3,000 square feet, which
is 60 percent smaller than the 7,500-square-foot minimum lot size for the R-3 zone. The lot was
legally created approximately 100 years ago (Feb. 21, 1924) and is one of the smaller residential
lots within the subdivision and surrounding area.
According to available records, the existing residential dwellings (duplex) were permitted in
1951 as a 1,156 square-foot residential duplex with an approximately 495 square-foot detached
garage. ADUs may either be attached to, or located within, a proposed or existing primary
dwelling, including attached garages, storage areas or similar uses, or an accessory structure or
detached from a proposed or existing primary dwelling, including detached garages. Accessory
Dwelling Unit Law (Government Code Sections 66310 -66342) prohibits a permitting agency
from requiring "any modification of the existing multifamily dwelling as a condition of
approving the application to construct an accessory dwelling unit" if the existing multifamily
dwelling has "a rear or side setback of less than four feet ... " Also, local agencies may not require
correction of nonconforming zoning conditions, replacement of parking when a garage or
carport is converted or replaced, or compliance with setbacks when converting existing
structures to ADUs.
Although the city is prohibited from requiring replacement parking, all Coastal Act and Local
Coastal Program (LCP) provisions, other than those requiring minimum automobile parking,
continue to apply. This includes provisions relating to protecting, enhancing, and maximizing
public access and recreation opportunities, which widely relies on vehicles and available
parking on the coast. Therefore, removal of the one existing parking space (one-car garage)
without providing a replacement parking space could conflict with the public access provisions
of the Coastal Act and LCP. Retaining the off-street parking space by building the ADU vertically,
rather than building the ADU into the front yard setback serves the best interests of both the
applicant and the broader community.
The city's zoning ordinance requires the ADU to be 20 feet from the front property line and 4
feet from the side and rear property lines. The existing 495-square-foot garage being converted
into the ADU is O feet from the rear property line and 11.5 inches from the side (east) property
line. When an existing accessory structure is converted into an ADU or into a portion of an ADU,
the structure can remain in the same location and is not required to be modified to meet
setbacks (Government Code Section 66314(d)(7)). Pursuant to CMC Section 21.10.030(E)(2), the
maximum size of a detached ADU allowed is 1,200 square feet. To enable the property to
construct an ADU at least 800 square feet (mandatory ADU) and similar in size to the detached
ADUs maximum size permitted under the CMC, which also complies with setbacks for the
expanded area, the ADU must be built as a two-story structure.
Additionally, the configuration of the legal, substandard lot is considered shallow (50 feet)
when a typical lot in the R-3 zone is approximately 125 feet in depth, furthering the deprivation
of future development. Furthermore, without approval of the variance, the applicant could not
achieve a similar building footprint and square footage enjoyed by other properties located
within the subdivision and surrounding neighborhood.
2. That the minor variance or variance shall not constitute a grant of special privileges inconsistent
with the limitations upon other properties in the vicinity and zone in which the subject property
is located and is subject to any conditions necessary to assure compliance with this finding in that
the surrounding neighborhood consists of substandard lot sizes and developed properties that
generally do not meet the current R-3 development standards. Most of the surrounding lots
have been developed in a way that does not meet at least one of the current required
development standards of the R-3 zone. Deviations on other lots include front yard, rear yard,
and side yard setback reductions and reduced off-street covered parking requirements. Many
other properties in the neighborhood were originally built with reduced front, side, and rear
yard setbacks. Variances for setback reductions have been granted to other properties in the
same zone and vicinity. Therefore, the Variance is not considered a grant of special privilege.
Overall, the proposed height increase from 18 feet to 21 feet is similar to other nearby
properties within the neighborhood.
3. That the minor variance or variance does not authorize a use or activity which is not otherwise
expressly authorized by the zone regulation governing the subject property in that the granting
of a Variance to increase the height from 18 feet to 21 feet does not authorize a use which is
not otherwise expressly permitted by the zoning regulations. A detached accessory dwelling
unit is allowed by right within the Multiple-Family Residential (R-3) Zone. Therefore, a deviation
from the height standards does not authorize a use or activity which is not authorized by the
zone.
Under State Accessory Dwelling Unit Law, an ADU that conforms to Government Code Section
66314 shall be deemed to be an accessory use or an accessory building and shall not be
considered to exceed the allowable density for the lot upon which it is located, and shall be
deemed to be a residential use that is consistent with the existing general plan and zoning
designations for the lot.
4. That the minor variance or variance is consistent with the general purpose and intent of the
general plan, this title and any applicable specific or master plans in that the project consists of a
new detached ADU. The proposed use is expressly authorized by the Zoning Ordinance and
General Plan regulations, as amended by State law, governing the subject property. The
granting of a Variance for increased height to allow for the construction of a two-story ADU is
consistent with the general purpose and intent of the General Plan for the R-15 Residential Land
Use designation and Accessory Dwelling Unit Law.
5. In addition, in the coastal zone, that the minor variance or variance is consistent with the general
purpose and intent of the certified local coastal program and does not reduce or in any manner
adversely affect the requirements for protection of coastal resources in that the project consists
of the conversion and expansion of an existing 495-square-foot, one-story, 10-foot-tall, one-car
garage into a 1,025-square-foot, approximately 21-foot-tall, detached ADU in an area
designated for residential development. The proposed ADU is compatible with the surrounding
development of a mixture of older one-and two-story single-family and multi-family residences
and newer two-and three-story single-family residences with ADUs. Given that the project site
is located in a residential neighborhood where the majority of dwellings are two-and three-
stories, the two story ADU will not obstruct views of the coastline as seen from public lands or
the public right-of-way, nor otherwise damage the visual beauty of the coastal zone. No
agricultural uses or sensitive resources currently exist on this previously graded and developed
site. The proposed ADU is not located in an area of known geologic instability or flood hazard.
Given that the site does not have frontage along the coastline, no public opportunities for
coastal shoreline access or water-oriented recreational activities are available from the subject
site. Furthermore, the subject property is a previously developed parcel that does not include
steep slopes (equal to or greater than 25% gradient), native vegetation, nor is it located in an
area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction.
Therefore, the granting of such Variance to construct an ADU will not adversely affect the Local
Coastal Program.
Minor 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 convert and expand a 495-square-foot, one-story, 10-foot-tall, one-car garage into
a 1,025-square-foot, 21-foot-tall, three-bedroom, two-bathroom detached ADU. The details of
the request consist of adding an 86-square-foot addition on the first floor and adding a 444-
square-foot second story to create a 1,025-sqaure foot ADU. The ADU will also contain an 18-
square-foot balcony on the second story and an at-grade 221-square-foot concrete patio. The
development is consistent with the LCP Mello II R-15 land use designation. The site is suitable
for the proposed detached ADU 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 structure 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 two-story accessory dwelling 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.
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.
General
4. The Planning Commission finds that the project, as conditioned herein, is in conformance with the
Elements of the city's General Plan, in that the General Plan Land Use designation for the
property is R-15 Residential, and under Land Use Element Policy 2-P.7, one or more residential
dwellings are permitted to be constructed on a legal lot that existed as of October 28, 2004. The
subject lot was legally created on Feb. 21, 1924.
An ADU that conforms to Government Code Section 66314 shall be deemed to be an accessory
use or an accessory building and shall not be considered to exceed the allowable density for the
lot upon which it is located and shall be deemed to be a residential use that is consistent with
the existing general plan and zoning designations for the lot. Additionally, Government Code
Section 65852.2 states that ADUs shall not be considered in the application of any local
ordinance, policy or program that limits residential growth. Therefore, residential densities
established by the general plan do not include ADUs, and the existing duplex and proposed ADU
are consistent with the city's General Plan.
5. 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.
b. The Public Facility Fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
6. The Planning Commission expressly declares that it would not have approved this Variance and
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 Variance and 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 Variance and 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 Variance
and Coastal Development Permit or other approval and the provisions of the Carlsbad
Municipal Code applicable to such permit.
7. 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.
Conditions:
General
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of building
permit.
1. Approval is granted for V 2024-0005/CDP 2024-0025 (DEV2023-0153) -LOPEZ RESIDENCE ADU
as shown on Exhibits "A" -"I", dated June 18, 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 Variance and Coastal
Development Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Variance and Coastal Development Permit, documents, as necessary to
make them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
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 Variance and Coastal Development Permit, (b) city's
approval or issuance of any permit or action, whether discretionary or nondiscretionary, in
connection with the use contemplated herein, and (c) Developer/Operator's installation and
operation of the facility permitted hereby, including without limitation, any and all liabilities
arising from the emission by the facility of electromagnetic fields or other energy waves or
emissions. This obligation survives until all legal proceedings have been concluded and continues
even if the city's approval is not validated.
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. 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 Variance and
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.
12. Building permits will not be issued for this project unless the local agency providing water and
sewer services to the project provides written certification to the city that adequate water service
and sewer facilities, respectively, are available to the project at the time of the application for the
building permit, and that water and sewer capacity and facilities will continue to be available until
the time of occupancy.
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 June 18, 2025, by the following vote, to wit:
AYES: Meenes, Burrows, Hubinger, Lafferty, Merz, Stine.
NAYES: None.
ABSENT: Foster.
ABSTAIN: None.
ENES, Chairperson
Carlsbad Planning Commission
ATTEST:
~ MICHAEL STRONG
Assistant Director of Community Development