HomeMy WebLinkAbout2025-09-17; Planning Commission; Resolution 7553Docusign Envelope ID: 5769E826-27C3-4945-9CB3-DF314E9F5696
PLANNING COMMISSION RESOLUTION NO. 7553
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CEQA EXEMPTION
DETERMINATION AND A COASTAL DEVELOPMENT PERMIT TO
CONSTRUCT A 5,787 SQUARE FOOT SINGLE-FAMILY RESIDENCE AND
1,397 SQUARE FOOT ATTACHED GARAGE ON A 0.38-ACRE SITE LOCATED
AT 4340 ADAMS ST. WITHIN THE MELLO II SEGMENT OF THE CITY'S LOCAL
COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME:
CASE NO:
CARLSBAD OCEAN ESTATES (LOT 3)
CDP2024-0029 (DEV02030)
WHEREAS, Henry Olivier, "Owner," and "Developer," has filed a verified application with the City
of Carlsbad regarding property described as
PARCEL 3 OF PARCEL MAP NO. 21616, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, SEPT.11, 2018.
("the Property"); and
WHEREAS, said verified application constitutes a request for a Coastal Development Permit as
shown on Exhibit(s) "A" -"M" dated Sept. 17, 2025, on file in the Carlsbad Planning Division, CDP 2024-
0029 (DEV020230) -CARLSBAD OCEAN ESTATES (LOT 3), as provided in Section 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 Sept 17, 2025, hold a duly noticed public hearing as
prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of al l persons desiring to be heard, said Commission considered all factors relating to the Coastal
Development Permit.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad,
as follows:
A) That the foregoing recitations are true and correct.
B) Compl iance with CEQA. The proposed action to construct a new single-family residence
and attached garage is categorically exempt from environmental review under CEQA
Guidelines Section 15303(a) (Class 3 -New Construct ion or Conversion of Small
Structures) because the project proposes a new 5,787-sq uare-foot single-family residence
single-family residence in t he one-family residential (R-1-15000) zone. No exceptions to
the categorica l 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 the construction of a S, 787-square-foot, two-story, 27-
feet-2-inch-tall, single-family residence with a 1,397-square-foot attached three-car
garage.
D) That based on the evidence presented at the public hearing, the Commission APPROVES
CDP 2024-0029 (DEV02030)-CARLSBAD OCEAN ESTATES (LOT 3), 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 single-family residential development, and
the project proposes demolition of an existing single-family residence and garage and
construction of a new 5,787 square foot two-story single-family residence with an attached
1,397-square-foot garage. The development is consistent with the LCP Mello II R-4 land use
designation. 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 one-and two-stories, the construction of a
new 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 t he
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 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.
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General
4. The Planning Commission finds that the project, as conditioned herein, is in conformance with the
Elements of t he City's General Plan, in that, the General Plan Land Use designation for the
property is R-4, Residential. The R-4, Residential Land Use designation allows for the
development of single-family residences at a density of O to 4 dwelling units per acre. The
project proposes the construction of one 5,787-square-foot single-family residence. Therefore,
the proposed single-family residence is consistent with the Elements of the city's General Plan.
5. The project is consistent with the City-Wide Facilities and Improvements Plan, the Loca l Facilities
Management Plan for Zone 1 and al l 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; pa rks 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. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
7. 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 al l of the conditions hereinafter set, each and all of
which shal l 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.
8. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, t hat the exact ions 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.
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Conditions:
General
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of grading
permit or building permit, whichever comes first.
1. Approval is granted for CDP 2024-0029 (DEV02030) -CARLSBAD OCEAN ESTATES (LOT 3) as
shown on Exhibits "A" -"M", dated Sept. 17, 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, t he 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 lit igation 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 t his approval.
4. Developer shall comply with al l 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 elect romagnetic fields or other energy waves or emissions. This
obligation survives until all legal proceedings have been concluded and continues even if t he city's
approval is not validated.
7. Prior to submitting 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
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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 t he city's project planner and project engi neer. 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 req uired as part
of the Zone 3 Local Faci lities 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
36 months from the date of project approval.
11. Prior to the issuance of the Building Permit, the Developer shal l pay to the city an inclusionary
housing in-lieu fee in accordance with the requirements and process set forth in Chapter 21.85
of the Carlsbad Municipal Code in the amount in effect at the time, as established by City Council
resolution from time to time.
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 t he Developer
or successor in interest.
13. 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.
14. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan
showing conformance with the approved Preliminary Landscape Plan and the city's Landscape
Manual. Developer shall construct and install all landscaping and irrigation as shown on the
approved Final Plans. All landscaping shall be ma intained in a healthy and thriving condition, free
from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum
amount of water to the landscape for plant growth without causing soil erosion and runoff.
15. Prior to issuance of a grading permit or the commencement of any ground-disturbing activities,
whichever occurs first, Developer shall:
a. Retain the services of a qualified archaeologist who shall be on-site to monitor ground
disturbing activities. In the event cultural resource material is encountered, the
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archaeologist is empowered to temporarily divert or halt grading to allow for coordination
with the Luiseno Native American monitor and to determine the significance of the
discovery. The archaeologist shall follow all standard procedures for cultural resource
materials that are not Tribal Cultural Resources, in accordance with applicable laws and
regulations including but not limited to the Carlsbad Tribal, Cultural and Paleontological
Resources Guidelines (2017).
b. Enter into a Pre-Excavation Agreement, otherwise known as a Tribal Cultural Resources
Treatment and Tribal Monitoring Agreement, with the San Luis Rey Band of Mission Indians,
or other Luiseno Native American tribe that meets all standard requirements of the tribe
for such Agreements, in accordance with applicable laws and regulations including but not
limited to the Carlsbad Tribal, Cultural and Paleontological Resources Guidelines (2017).
This agreement will address provision of a Luiseno Native American monitor and contain
provisions to address the proper treatment of any Tribal Cultural Resources and/or Native
American human remains inadvertently discovered during the course of the project. The
agreement will outline the roles and powers of the Luiseno Native American monitor and
the archaeologist.
Engineering Conditions:
General
1. Prior to hauling dirt or construction materials to or from any proposed construction site within
this project, developer shall apply for and obtain approval from, the city engineer for the proposed
haul route.
2. This project is approved upon the express condition that building permits will not be issued for
the development of the subject property, unless the district engineer has determined that
adequate water and sewer facilities are available at the time of permit issuance and will continue
to be available until time of occupancy.
3. Developer shall submit to the city engineer an acceptable instrument, via CC&Rs and/or other
recorded document, addressing the maintenance, repair, and replacement of shared private
improvements within this subdivision, including but not limited to private street trees, retaining
walls, etc. located therein and to distribute the costs of such maintenance in an equitable manner
among the owners of the properties within this subdivision. The CCR's shall include a requirement
to provide an annual verification of the effective operation and maintenance of each structural
treatment control BMP in accordance with the BMP maintenance agreement and the SWQMP.
The annual verification shall be submitted to the enforcement official in a format as approved by
the city prior to the start of the rainy season.
As an alternative, if the project proponent is able eliminate shared private improvements with a
Consistency Determination and limit disturbance so that the scope of work is contained on the
subject site, then CC&Rs or other recorded maintenance agreements for such improvements
would not be required.
4. Property owner shall maintain all la ndscaping (street trees, tree grates, shrubs, groundcover, etc.)
and irrigation along the parkway frontage with Adams Street as shown on the Tentative Map/Site
Plan.
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5. Developer shall submit a Hydrology and hydraulic study to the satisfaction of the city engineer
confirming that the proposed development will not have a detrimental effect on the existing
public storm drain downstream of the project site.
Fees/ Agreements
6. Developer shall cause property owner to execute and submit to the city engineer for recordation,
the city's standard form Geologic Failure Hold Harmless Agreement.
7. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
8. Developer shall cause property owner to execute and submit to the city engineer for recordation,
the city's standard form Panhandle Lot Hold Harmless Agreement.
9. Developer shall cause property owner to submit an executed copy to the city engineer for
recordation a city standard Permanent Stormwater Quality Best Management Practice
Maintenance Agreement.
Grading
10. Based upon a review of the proposed grading and the grading quantities shown on the Site Plan,
a grading permit for this project is required. Developer shall prepare and submit plans and
technical studies/reports as required by city engineer, post security and pay all applica ble grading
plan review and permit fees per the city's latest fee schedule.
11. This project requires off site grading. No grading for private improvements shall occur outside the
project unless developer obtains, records, and submits a recorded copy, to the city engineer, a
temporary grading, construction or slope easement or agreement from the owners of the
affected properties. If developer is unable to obtain the temporary grading or slope easement, or
agreement, no grading permit will be issued. In that case developer must either apply for and
obtain an amendment of this approval or modify the plans so grading will not occur outside the
project and apply for and obtain a finding of substantial conformance and/or consistency
determination from both the city engineer and city planner.
Storm Water Quality
12. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the
maximum extent practicable. Developer shall notify prospective owners and tenants of the above
requirements.
13. Developer sha ll submit for city approval a Tier 3 Storm Water Pollution Prevention Plan (TIER 3
SWPPP). The TI ER 3 SWPPP shall comply with current requirements and provisions established
by the San Diego Regiona l Water Quality Control Board and City of Carlsbad Requirements. The
TIER 3 SWPPP shall identify and incorporate measures to reduce storm water pollutant runoff
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during construction of the project to the maximum extent practicable. Developer shall pay all
applicable SWPPP plan review and inspection fees per the city's latest fee schedule.
14. This project is subject to 'Priority Development Project' requirements. Developer shall prepare
and process a Storm Water Quality Management Plan (SWQMP), subject to city engineer
approval, to comply with the Carlsbad BMP Design Manual latest version. The final SWQMP
required by this condition shall be reviewed and approved by the city engineer with final grading
plans. Developer shall pay all applicable SWQMP plan review and inspection fees per the city's
latest fee schedule.
15. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc) incorporate all source control, site design, pollutant control
BMP and applicable hydromodification measures.
Dedications/Improvements
16. Developer shall design the private drainage systems, as shown on the site plan to the satisfaction
of the city engineer. All private drainage systems (12" diameter storm drain and larger) shall be
inspected by the city. Developer shall pay the standard improvement plan check and inspection
fees for private drainage systems.
17. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a
right-of-way permit to the satisfaction of the city engineer.
18. Developer shall design all proposed public improvements including but not limited to driveways,
curb drains, etc. as shown on the site plan. These improvements shall be shown on one of the
following, subject to city engineer approval:
Utilities
A. Grading plans processed in conjunction with this project; or
B. Construction Revision to an existing record public improvement drawing
Additional public improvements required in other conditions of this resolution are hereby
included in the above list by reference. Developer shall pay plan check and inspection fees using
improvement valuations in accordance with the city's current fee schedule. Developer shall apply
for and obtain a right-of-way permit prior to performing work in the city right-of-way.
19. Developer shall meet with t he fire marshal to determine if fire protection measures (fire flows,
fire hydrant locations, building sprinklers) are required to serve the project
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
20. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the
City of Carlsbad Municipal Code to the satisfaction of the city engineer.
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NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission's
decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, Section 21.54.150, the appeal must be in
writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal
prior to any judicial review.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest
them, you must follow the protest procedure set forth in Government Code Section 66020(a}, and file the
protest and any other required information with the City Manager for processing in accordance with
Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent
legal action to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute
of limitations has previously otherwise expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City
of Carlsbad, California, held on Sept. 17, 2025, by the following vote, to wit:
AYES: Meenes, Hubinger, Foster, Lafferty, Burrows, Fitzgerald.
NAYES: None.
ABSENT: Merz.
ABSTAIN: None.
ROY MEENES, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL STRONG,
Assistant Director of
Community Development