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HomeMy WebLinkAbout2025-11-19; Planning Commission; 02; Forester Residence – Demolition of an existing single-family residence and construction of a new single-family residence with an attached garageMeeting Date: Nov. 19, 2025 2 To: Planning Commission Staff Contact: Todd Arnhart, Associate Planner, 442-339-2025, todd.arnhart@carlsbadca.gov Subject: Forester Residence – Demolition of an existing single-family residence and construction of a new single-family residence with an attached garage. Location: 4464 Adams St. / APN: 206-192-08-00 / District 1 Case Numbers: CDP2024-0009 (DEV2020-0111) Applicant/Representative: Samuel Wright, 760-213-1460, wrighthouzz@gmail.com CEQA Determination: ☐Not a Project ☒ Exempt ☐ IS/ND or IS/MND ☐ EIR ☐Other: Permit Type(s): ☐SDP ☐ CUP ☒ CDP ☐ TM/TPM ☐ GPA ☐ REZ ☐ LCPA ☐Other: CEQA Status: ☐The environmental assessment IS on the Agenda for discussion ☒A CEQA determination was already issued. That decision is final and IS NOT on the Agenda Commission Action: ☒Decision ☐ Recommendation to City Council ☐ Informational (No Action) Recommended Actions That the Planning Commission ADOPT the Planning Commission Resolution (Exhibit 1) APPROVING a Coastal Development Permit, CDP 2024-0009, based on the findings and subject to the conditions contained therein. Existing Conditions & Project Description The subject site consists of a 0.53-acre (23,222-square- foot) lot, located at 4464 Adams Street. The lot is developed with an existing 1,271-square-foot, two-story, single-family residence with a 440-square-foot-deck constructed in approximately the 1960s. The topography of the property slopes downwards from Highland Drive towards Adams Street. The project site is bordered to the north and south by single-family residences and to the east and west by vacant lots. No public beach access or coastal resources are identified onsite. Site Map Nov. 19, 2025 Item #2 1 of 61 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, 0-4 dwelling units per acre (R-4) One-Family Residential (R-1- 15000) Zone Single-Family Residence North Residential, 0-4 dwelling units per acre (R-4) One-Family Residential (R-1- 15000) Zone Single-Family Residence South Residential, 0-4 dwelling units per acre (R-4) One-Family Residential (R-1- 15000) Zone Single-Family Residence East Residential, 0-4 dwelling units per acre (R-4) One-Family Residential (R-1- 15000) Zone Vacant West Residential, 0-4 dwelling units per acre (R-4) One-Family Residential (R-1- 15000) Zone Vacant General Plan Designation Zoning Designation Proposed Project and Background Proposed Project: The project consists of a Coastal Development Permit for the demolition of an existing 1,271- square-foot, two-story, single-family residence and construction of a new 4,085-square-foot, one-story, single- family residence with an attached 970-square-foot three-car garage and 1,608 square feet of covered and uncovered terraces. The new single-family residence is oriented towards Highland Drive and will include three bedrooms, three bathrooms, and one half-bathroom. The interior design of the home is an open concept that contains a large dining and living space. The maximum height of the proposed residence is 28-feet-6-inches. Architecturally, the new residence reflects a craftsman design with large eaves, exposed trusses, and the use of building materials such as stained wood siding and natural stone veneer. The garage door will be stained wood to match the siding of the house, while the doors and windows will be black steel. All roofs and patio covers will be black standing seam metal. Glass guardrails will enclose the terraced areas. Nov. 19, 2025 Item #2 2 of 61 Estimated grading quantities include 288 cubic yards (cy) of cut, 2,188 cy of fill, and 1,600 cy of import. Grading operations include 2,200 cy of remedial grading, of which, 1,000 cy of export will be removed. A grading permit is required for this project. Background: The project was previously approved by the Planning Commission on May 19, 2021, under Resolution No. 7415. However, since building permits were not issued within the required 24-month period following the approval, the entitlements have since expired. The proposed project was previously scheduled for the Planning Commission hearing on Nov. 6, 2024. After the publication of the staff report, the city received correspondence regarding a change in property ownership which was confirmed by city staff prior to the hearing. The Planning Commission continued the item to a date uncertain. An updated Disclosure Statement has been provided by the new owner, Mark Lopez (Exhibit 4). The project has been subsequently re-noticed for the Planning Commission hearing on Nov. 19, 2025. Public Outreach & Comment The Applicant completed the Early Public Notice procedures pursuant to City Council Policy No. 84 (Development Project Public Involvement Policy). A notice of project application was mailed on April 26, 2024, to all owners of property located within a 600-foot radius, and all occupants of property located within a 100- foot radius of the project site. A two-foot-tall by three-foot-wide yellow sign was posted at the project site on May 2, 2024, notifying all pass-by traffic of the project, which provides the project name, application numbers, description of the project, as well as both applicant and city staff contact information. The project, consisting of one single-family residence, is not subject to the enhanced stakeholder outreach procedures outlined in City Council Policy No. 84. A California Environmental Quality Act (CEQA) Determination of Exemption was posted on the city’s website on Aug. 30, 2024, for a period of 10 days, and on Sept. 9, 2024, no comments were received. Response to Public Comment & Project Issues Three public comment letters were received by city staff after the close of the public comment period prior to the Planning Commission hearing on Nov. 6, 2024, as described in Exhibit 8. One comment addressed the change in property ownership which has been addressed. Comments were also received regarding city staff’s CDP finding that “construction of a new one-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” noting that construction of a new single-story single-family residence and proposed landscaping would obstruct views of the lagoon and ocean from the public right-of-way along Highland Drive and requesting revisions to the plant palette. The project is consistent with the city’s land use designation; zoning regulations, including meeting maximum height and setbacks requirements; landscape regulations; and certified Local Coastal Program (Mello II Segment). Adams Avenue has been designated as a potential scenic roadway in the Carlsbad General Plan and provides policies to protect views from Adams Avenue to Agua Hedionda Lagoon. However, there are no additional special provisions included along Highland Drive. A final comment requested clarification regarding which existing utilities were to be undergrounded. No existing utility poles or overhead utilities are proposed to be undergrounded with project approval and as noted on the project plans. The following permit condition has been removed: "Developer is responsible to ensure all existing overhead utilities servicing the subject property are to be undergrounded as shown on the site plan and to the satisfaction of the city engineer. No new or relocated utility poles are allowed." Nov. 19, 2025 Item #2 3 of 61 Project Analysis General Plan Consistency The project site has a General Plan Land Use designation of R-4, Residential which allows for the development of single-family residences at a density of 0-4 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 One-Family Residential (R-1-15000) Zone (CMC Chapter 21.10). Specific compliance with these relevant requirements is described in Exhibit 3. Local Coastal Program Consistency The project site is located 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 not appealable to the California Coastal Commission. Additional information on the Coastal Development Permit and Local Coastal Program findings is included in Exhibit 3. Inclusionary Housing Ordinance Pursuant to CMC Chapter 21.85.030(D)(3), a project may be exempt from the inclusionary housing requirement if the construction of a new residential structure replaces a residential structure that was demolished within two years prior to the application for a building permit for the new residential structure. The exemption is contingent upon the number of residential units not being increased from the number of residential units in the previously demolished residential structure. Since there will not be an increase in the number of units on the property, the project will be exempt from the inclusionary housing requirement if building permits are issued within two years of the demolition of the existing residential structure. Discretionary Actions & Findings The proposed Project requires approval of a Coastal Development Permit which is discussed below. Coastal Development Permit (CDP 2024-0009) 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 Coastal Resource Protection Overlay Zone (CMC Chapter 21.203). Staff finds that the required findings for this application can be met as described in Exhibit 3. The project’s discretionary applications are all within the purview of the Planning Commission per the Carlsbad Municipal Code. The Planning Commission’s action on the project will be an approval or denial, with appeal available to City Council. The project site is not located within the appeals jurisdiction of the California Coastal Commission; therefore, the CDP is not appealable to the state. Environmental Review In accordance with the CEQA Guidelines, the City Planner previously determined that the project qualified for an exemption pursuant to CEQA Guidelines section 15303(a) – New Construction or Conversion of Small Structures. Nov. 19, 2025 Item #2 4 of 61 A notice of intended decision regarding the environmental determination was advertised on Aug. 30, 2024, and posted on the city’s website. No comment letters or appeal were received, and consistent with Chapter 21.54 (Procedures, Hearings, Notices, and Fees) of the Zoning Ordinance and Title 19 as it was written at the time, the City Planner’s written decision is final. Refer to Exhibit 3 for additional support and justification. This action predated changed to Title 19 in early 2025. No changes to the project have been made since the CEQA Exemption was approved and there is no expiration date to a CEQA Exemption. 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 1. All required public improvements and utilities are available to serve the proposed development. In addition, there are no environmental issues associated with the project. The project is conditioned to ensure its compatibility with the surrounding properties and that the public health, safety, and welfare of the community is maintained. The project would be required to comply with all applicable California Building Standards Codes and engineering standards through the standard building permit and civil improvement plan checking process. Staff recommends the Planning Commission adopt the resolution to approve the proposed project described in this staff report. Exhibits 1. Planning Commission Resolution 2. Location Map 3. Project Analysis 4. Disclosure Form 5. CEQA Determination of Exemption 6. Reduced Exhibits 7. Public Comments 8. List of Acronyms and Abbreviations Nov. 19, 2025 Item #2 5 of 61 Exhibit 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING OF COASTAL DEVELOPMENT PERMIT, CDP 2024-0009, TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW 4,085 SQUARE FOOT SINGLE- FAMILY RESIDENCE ON A 0.53-ACRE SITE LOCATED AT 4464 ADAMS STREET WITHIN THE MELLO II SEGMENT OF THE CITY’S LOCAL COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: FORESTER RESIDENCE CASE NO: CDP 2024-0009 (DEV2020-0111) WHEREAS, Sam Wright, “Developer,” has filed a verified application with the City of Carlsbad regarding property owned by Mark Lopez, “Owner,” described as LOT 13 IN BLOCK “E” OF BELLA VISTA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2152, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 7, 1929. (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibit(s) “A-AA” dated Nov.19, 2025, on file in the Carlsbad Planning Division, CDP 2024-0009 (DEV2020-0111) – FORESTER RESIDENCE, as provided in Chapter 21.201.030 of the Carlsbad Municipal Code; and WHEREAS, the Planning Division studied the Coastal Development Permit application and performed the necessary investigations to determine if the project qualified for an exemption from further environmental review under 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. After consideration of all evidence presented, and studies and investigations made by the city planner and on its behalf, the city planner determined that the project was exempt from further environmental review pursuant to State CEQA Guidelines, section 15303(a) - New Construction or Conversion of Small Structures. This exception is for the construction of a single-family residence with an attached three-car garage. The project will not have a significant effect on the environment and all of the requirements of CEQA have been met; and PLANNING COMMIS SI ON RESOLUTION NO.7561 Nov. 19, 2025 Item #2 6 of 61 WHEREAS, on Aug. 30, 2024, the city distributed a notice of intended decision to adopt the “New Construction or Conversion of Small Structures” exemption. The notice was circulated for a 10-day period, which began on Aug. 30, 2024, and ended on Sept 9, 2024. The city did not receive any comment letters on the CEQA findings and determination. The effective date and order of the city planner CEQA determination was Sept. 9, 2024, there have been no changes to the project since that time; and WHEREAS, the Planning Commission did, on Nov. 19, 2025, hold a duly noticed public hearing as prescribed by law to consider said request; 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. 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 for the demolition of an existing 1,271- square-foot, two-story, single-family residence and construction of a new 4,085-square- foot, one-story, single-family residence with an attached 970-square-foot three-car garage and 1,608 square feet of covered and uncovered terraces on an existing graded 0.53-acre lot was previously approved by the city planner to be categorically exempt from environmental review under CEQA Guidelines Section 15303(a) - New Construction or Conversion of Small Structures. CEQA Section 15303 is a Class 3 exemption that allows for the construction of one single-family residence, including accessory (appurtenant) structures such as garages, carports, patios, swimming pools and fences. The project development consists of one single family residence, including accessory (appurtenant) structures (i.e., an attached three-car garage), all of which is located on a residentially zoned property (One-family Residential (R-1) Zone) surrounded by similarly developed residential. 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) That based on the evidence presented at the public hearing, the Commission APPROVES CDP 2024-0009 (DEV2020-0111) – FORESTER RESIDENCE, based on the following findings and subject to the following conditions: Nov. 19, 2025 Item #2 7 of 61 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 construction of a new 4,085-square foot single-story single-family residence with an attached 970-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 one-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. 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-4, Residential. The R-4, Residential Land Use designation allows for the development of single-family residences at a density of 0 to 4 dwelling units per acre. The project proposes the demolition of an existing 1,271-square-foot single-family residence and the construction of one 4,085-square-foot single-family residence. Per Land Use Element Policy 2-P.7, one single-family dwelling is permitted to be constructed on a legal lot that existed as of Oct. 28, 2004. The subject lot was legally created on March 7, 1929. Therefore, the existing 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 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. Nov. 19, 2025 Item #2 8 of 61 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 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. 8. 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 grading permit or building permit, whichever comes first. 1. Approval is granted for CDP 2024-0009 (DEV2020-0111) – FORESTER RESIDENCE as shown on Exhibits "A" – "AA", dated Nov.19, 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. Nov. 19, 2025 Item #2 9 of 61 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. 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. 8. 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. 9. This approval shall become null and void if building permits are not issued for this project within 24 months from the date of project approval. 10. 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. Nov. 19, 2025 Item #2 10 of 61 11. 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. 12. Prior to issuance of grading permit(s), Developer shall make a separate formal landscape construction drawing plan check submittal to the Planning Division and obtain City Planner approval of a Final Landscape and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and the city’s Landscape Manual. Developer shall construct and install all landscaping and irrigation as shown on the approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum amount of water to the landscape for plant growth without causing soil erosion and runoff. 13. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape plan check process on file in the Planning Division and accompanied by the project’s building, improvement, and grading plans. 14. Prior to issuance of grading and building permits, Developer shall list the following condition on all grading and building permit construction plans. Construction activities shall take place during the permitted time and day per Carlsbad Municipal Code Chapter 8.48. Developer shall ensure that construction activities for the proposed project are limited to the hours from 7:00 a.m. to 6:00 p.m. Monday through Friday, and 8:00 a.m. to 6:00 p.m. on Saturdays; no work shall be conducted on Sundays or on federal holidays. Engineering Conditions: NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a building or grading permit whichever occurs first. General 15. 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. 16. 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. 17. Developer shall include rain gutters on the building plans subject to the city engineer’s review and approval. Developer shall install rain gutters in accordance with said plans. Fees/Agreements 18. 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. Nov. 19, 2025 Item #2 11 of 61 19.Developer shall cause property owner to execute and submit to the city engineer for recordation the city’s standard form Drainage Hold Harmless Agreement. 20.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. 21.Developer shall cause property owner to apply for, execute, and submit, to the city engineer for recordation, an Encroachment Agreement covering private drainage facilities located over proposed public right-of-way or easements as shown on the site plan. Developer shall pay processing fees per the city’s latest fee schedule. 22.Developer shall cause property owner to enter into a Neighborhood Improvement Agreement with the city on a city standard form for the future public improvement of Highland Drive along the property frontage for a half street width of 30-feet. Public improvements shall include but are not limited to paving, base, sidewalks, curb and gutter. Improvements shall not include grading, retaining walls, and utility relocation. Grading 23.Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. Developer shall prepare and submit plans and technical studies/reports as required by city engineer, post security and pay all applicable grading plan review and permit fees per the city’s latest fee schedule. Storm Water Quality 24.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. 25.Developer shall complete and submit to the city engineer a Determination of Project’s SWPPP Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city’s latest fee schedule. 26.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. 27.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. Nov. 19, 2025 Item #2 12 of 61 Dedications/Improvements 28. Developer shall cause owner to dedicate to the city and/or other appropriate entities for the public street and public utility purposes as shown on the site plan along Highland Drive and Adams Street. The offer shall be made by a separate recorded document. All land so offered shall be free and clear of all liens and encumbrances and without cost to the city. Streets that are already public are not required to be rededicated. Additional easements may be required at final design to the satisfaction of the city engineer. 29. 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. 30. 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. 31. Developer shall prepare and process public improvement plans and, prior to city engineer approval of said plans, shall execute a city standard Development Improvement Agreement to install and shall post security in accordance with C.M.C. Section 20.16.070 for public improvements shown on the site plan. Said improvements shall be installed to city standards to the satisfaction of the city engineer. These improvements include, but are not limited to: a. Pavement b. Curb and Gutter at Project Frontage along Adams c. AC Berm d. D25 Curb Outlet e. Water Service Additional public improvements required in other conditions of this resolution are hereby included in the above list by reference. Developer shall pay the standard improvement plan check and inspection fees in accordance with the fee schedule. Improvements listed above shall be constructed within 36 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 32. Developer is responsible to ensure utility transformers or raised water backflow preventers that serve this development are located outside the right-of-way as shown on the [Tentative Map/Site Plan] and to the satisfaction of the city engineer. These facilities shall be constructed within the property. Utilities 33. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire hydrant locations, building sprinklers) are required to serve the project. 34. Developer shall design and agree to construct public facilities within public right-of-way or within minimum 20-foot-wide easements granted to the district or the City of Carlsbad. At the discretion of the district or city engineer, wider easements may be required for adequate maintenance, access and/or joint utility purposes. 35. Developer shall install potable water and/or recycled water services and meters at locations approved by the district engineer. The locations of said services shall be reflected on public improvement plans. Nov. 19, 2025 Item #2 13 of 61 Code Reminders The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 36. 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. 37. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area contained in the staff report and shown on the Site Plan are for planning purposes only. Nov. 19, 2025 Item #2 14 of 61 ADAMS ST HI G H L A N D D R 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 DEV2020-0111 (CDP2024-0009) Forester Residence SITE MAP J SITE Map generated on: 8/2/2024 AGUA HEDIONDA LAGOON Exhibit 2 Nov. 19, 2025 Item #2 16 of 61 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-4 Land Use Designation B.One-Family Residential (R-1-15000) Zone (CMC Chapter 21.10) 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.Inclusionary Housing Ordinance (CMC Chapter 21.85) E.Growth Management Ordinance (CMC Chapter 21.90) and Local Facilities Management Plan Zone 1 F.California Environmental Quality Act Exemption (Environmental Statement) 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-4 Residential Land Use Designation 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 0 to 4 dwelling units per acre. The project proposes the demolition of an existing 1,271 square foot single-family residence and the construction of one single-family residence. Per Land Use Element Policy 2-P.7, one single-family dwelling is permitted to be constructed on a legal lot that existed as of Oct. 28, 2004. The subject lot was legally created on March 27, 1929. Therefore, the existing single-family residence is consistent with the Elements of the city’s General Plan. B.One-Family Residential (R-1) Zone (Chapter 21.10) The project is required to comply with all applicable regulations and development standards of the Carlsbad Municipal Code (CMC) including the One-Family Residential (R-1-15000) Zone. The proposed project meets or exceeds all applicable requirements of the R-1 Zone as shown in Table “A” below TABLE A- R-1-15000 ZONE COMPLIANCE STANDARDS REQUIRED PROPOSED COMPLY Setbacks Front (Highland Drive): 20 feet Side: 10 feet Rear (Adams Street): 20 feet Front: 20 feet Side: 10 feet Rear: 20 feet Yes Lot Coverage 40% maximum 33.6% Yes 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. 28 feet 6 inches (w/ 3:12 pitched roof) Yes Parking Two-car garage Three-car garage Yes Nov. 19, 2025 Item #2 17 of 61 PROJECT ANALYSIS (GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS) Page 2 C.Local Coastal Program (Mello II Segment) The project site is located within the Mello II Segment of the Local Coastal Program (LCP) and is not 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-4 Residential, which allows for a density of 0 to 4 dwelling units per acre (du/ac) and 3.2 du/ac at the Growth Management Control Point (GMCP). The demolition and construction of a 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 demolition of an existing single-family residence and construction of a new 4,085-square-foot one-story- single-family residence with a 970-square-foot attached three-car garage. The new 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. No agricultural uses currently exist on the previously developed site, nor are there any sensitive resources located on the site. The new 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. In addition, the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. D.Inclusionary Housing Ordinance (CMC Chapter 21.85) Pursuant to CMC Chapter 21.85.030 (D)(3), a project may be exempt from the inclusionary housing requirement if the construction of a new residential structure replaces a residential structure that was demolished within two years prior to the application for a building permit for the new residential structure. The exemption is contingent upon the number of residential units not being increased from the number of residential units in the previously demolished residential structure. Since there will not be an increase in the number of units on the property, the project will be exempt from the inclusionary housing requirement if building permits are issued within two years Nov. 19, 2025 Item #2 18 of 61 PROJECT ANALYSIS (GENERAL PLAN, MUNICIPAL CODE, AND OTHER REGULATIONS) Page 3 of the demolition of the existing residential structure. E. 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 new single-family residence is replacing an existing single-family residence. F. Environmental Statement (California Environmental Quality Act) The California Environmental Quality Act (“CEQA”), and its implementing regulations (“CEQA Guidelines”) adopted by the Secretary of the California Natural Resources Agency, list classes of projects that have been determined not to have a significant effect on the environment and as a result are exempt from further environmental review under CEQA. City staff completed a review of the project and potential environmental impacts associated with the project pursuant to CEQA and concluded that the project qualified for an exemption pursuant to CEQA Guidelines section 15303(a) (New Construction or Conversion of Small Structures). CEQA Guidelines Section 15303 is a Class 3 exemption for new construction or conversion of small structures. Exempted is the construction of one-single residence in a residential zone, including accessory (appurtenant) structures such as garages, carports, patios, swimming pools and fences. The proposed project includes the construction of a single-family residence and attached garage, and therefore meets the criteria of the Section 15303 Class 3 New Construction or Conversion of Small Structures exemption. A notice of intended decision regarding the environmental determination was advertised on Aug. 30, 2024, and posted on the city’s website. The notice included a general description of the project, the proposed environmental findings, and a general explanation of the matter to be considered. The findings and determination contained in that notice was declared as final on the date of the noticed decision, unless appealed as provided by the procedures commencing in Chapter 21.54 (Procedures, Hearings, Notices, and Fees) of the Zoning Ordinance. During the 10-day public review period, the city received no comment letters from the public regarding the prospective environmental determination. Since no appeal was filed and no substantial evidence was submitted that would support a finding that the exemption requirements would not be satisfied, the project was determined by the City Planner to not have a significant effect on the environment. The CEQA Determination letter is attached to this staff report as Attachment 5 and demonstrates that the project is categorically exempt from further environmental review. The City Planner’s written decision is final and the CEQA determination is not within the Planning Commission’s purview. With the appropriate environmental clearances in place, all of the city’s procedural requirements and relevant aspects of CEQA have been satisfied. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines and Chapter 19.04 of the Municipal Code do not apply to this project, including “historical resources.” Nov. 19, 2025 Item #2 19 of 61 Nov. 19, 2025 Item #2 20 of 61 Nov. 19, 2025 Item #2 21 of 61 Nov. 19, 2025 Item #2 22 of 61 Nov. 19, 2025 Item #2 23 of 61 Nov. 19, 2025 Item #2 24 of 61 11. I understand there are no assurances at any time, implicitly or otherwise, whether provided to me in writing or by oral communications regarding final staff recommendations to the decision­ making body about this application or the determination of any decision-making body. 12.I understand that the overall design process consists of several steps, each with increasingly more detail. The planning phase is one of the first steps in the design process. A Land Use Review Application (or "planning application") consists only of a schematic design package. If the project is approved or conditionally approved, the schematic design phase is immediately followed by a design development phase (with construction drawings). Construction drawings, such grading and drainage plans, are much more comprehensive and provide additional detail, specificity, and instructions on how to build and implement the project. Review comments, statements, or approvals from the City of Carlsbad concerning a Land Use Review Application are based on the representations of the intent of design and construction. City comments and statements are believed to be accurate; however, such accuracy is not guaranteed when implementing the intended design solution. I understand that the approval or conditional approval of a Land Use Review Application does not replace the more thorough review of the construction drawings by the city or another agency during the design development phase; or services or recommendations provided by design professionals, such as architects, engineers, code professionals, etc. Furthermore, the approval or conditional approval of a Land Use Review Application does not relieve the Applicant of the obligation from complying with all applicable regulations, standards, policies, and guidelines applicable to the design development phase. Therefore, the ultimate design solutions required in construction drawings may differ from the project's initial schematic design. The approved plan set of project drawings, civil plans/grading, sections, site plans, floor plans, architectural elevations, and landscape plans shall not be altered without express authorization by the City Planner. Once a permit has been issued, the Applicant may request permit modifications. "Minor" modifications might be granted if found by the City Planner to be in substantial conformity with the approved plan set, including all exhibits and permit conditions. Modifications beyond the scope described in the approved plan set might require submittal of an amendment to the permit and approval by the authorized review body. 13.Should any proponent of the project fail to file a timely and valid appeal of the permit within the applicable appeal period, such inaction shall be deemed to constitute acceptance of the permit by the Applicant; and agreement by the Applicant to· be bound by, to comply with, and to do all things required of or by the Applicant pursuant to all of the terms, provisions, and conditions of the issued permit or other approval. 14.As part of this application, the Applicant hereby agrees to defend, indemnify, and hold harmless the City of Carlsbad, its Council, boards and commissions, officers, employees, volunteers, and agents from any claim, action, or proceeding against the City of Carlsbad, its Council, boards and commissions, officers, employees, volunteers and agents, to attack, set aside, void or annul an approval of the application or related decision, including environmental documents, or to challenge a denial of the application or related decisions. This indemnification shall include, but Page 6 of 7 P-1 (A) Form Rev 1212024 Nov. 19, 2025 Item #2 25 of 61 Nov. 19, 2025 Item #2 26 of 61 Exhibit 5 Nov. 19, 2025 Item #2 27 of 61 ( City ofCarlsbad CLIMATE ACTION PLAN (CAP) COMPLIANCE CAP Building Plan Template B-55 Development Services Building Division 1635 Faraday Avenue 760-602-2719 www.carlshadca.gov The following summarizes project compliance with the applicable Climate Action Plan ordinances of the Carlsbad Municipal Code and California Green Building Standards Code (CALGreen}, current version. The followingcertlfltate shall be included on the plans for all building permlts that are required to comply with the CAP measures: 1. ENERGY EFFICIENCY APPLICABLE: IZfvEs D•oComplies with CMC 18.30.□60 or 18.21.050 [Zlves ON/A Existing Structure, year built: ---�� Prepared Energy Audit? Qes 0No Energy Score: ____ _ Efficiency Measures Included in scope: 2. PHOTOVOLTAICSYSTEMAPPLICABLE: JZIVES □NO Complies with CMCsection 18.30.040 and 2022 California Energy Codesectlon150.1(c)14 !ZlYe5 Ow'A Siie of PV system (kWdc): "j • ,$,,I ii;,;.J Sizing PV by load calculations IZJv� ONo If by Load Calculations: Total calculated electrical load: 80% of load: Exception Requested hception Approved Oves □'�3. ALTERNATIVE WATER HEATING SYSTEM APPLICABLE: □ YES □NO Complies with CMC sections 18.30.020 18.20.030 and/or 18.30.0SO? Alternative Source: f Electric □ PassiveSolar Blception Requested Blception Approved [Zlves Oves oves 4. ELECTRIC VEHICLE (EVI CHARGING APPLICABLE: !Z1 YES Complies section with CMC 18.21.030? Panel Upgrade? Total EV Parking Spaces: No. of EV Capable Spaces: No. of EV Ready Spaces: lZJ Yes ov� Required Provided I I No. of EV Installed Space5: Hanfahip Requested -----r:iv7s1Zf No Hardship Approved □Yes □ No IZho □No O•o □NIA IZJNo 5. TRAFFIC DEMAND MANAGEMENT APPLICABLE: □ YES jZf No Compliant'? 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J� L, e T �""" .-:,i •v• � � t. �':,.,,.t � l,,"""",41(,{�� "I, �,fo t� �:_ i..J. N I t-..,,l p I�-� V e. t:::." ,4 � IL /.:.. � � <!> r,::J� 1c •. tt. r:#L,,,. r'.'.I 1"" e... ·�� .,,,:1 � � , ... (,�J e= �,i � f� t.:•i;.,,��/i;._, ,� f;:,._. i_-,A� !�::J-·�i--�,�-A- ,� ½;_, AREA TABULATIONS E.. J\ l 'a, "T 1. ,._, s:.._,- i"'--I:.. "':a,\ PI; N '-o:- k •'-'I,,. <;,,.,;I"''· ,;. L V 1;:;,ll,.,..., l"- 1;:::, i:� "" 1-""" ·,, "-t,,, ... L= I ,, 1 '-' ,:~.-"'' /4-1� --"" c.;,,,,,,. � ,., -:.:..r E-- c� �� "'� 1:z 1� e. t.::�t, �� T \1-"'-"l' ;�;:,_ c::;� V \:,. I� .. ; Co. 'f;';�� 'T' � It.. l�1k \:_ f..- CDP 2024-0009 ·•� j:Z.. 4-l<-.1;, $ Li, I;-"-\ I I ,<I � i>.c. . I / P"':>, 0 • • .• • • • = = -= --= - Ii 11 7 1 . .:;.2. I 4-'7:S "l (.,, "I "e:;;, 4i;,,, (,,, •:,, E?"'l c;.:.,,, <:::> iZ. 1 I +4,.,::;; �{"J..._/;".f,. • 1,...,::. ,..., .., ., 0 "'I i::,, �� ..... :, ;,-= I""" 1 e:, 'pl -I •":;;;;i;_��,-� f' fl-. o p("'.;, ,:, Ii, !,'.;; \c-",;. J,\., is-I l--, '. -.. I' "? ['"'•" ,,;, (;<� '·ii a::;..."'" e. ia...l!.. J.::;," 1..J 4 � .,:,, \.,/ t2. p.,,.Jt";, -1;::::, = __ ,, ___ --··-- VICINITY MAP REVISIONS BY • 11-2-23 �RCH/COOR <( w z 1-- <fl \.') I!)I!)N <( w \.) Q Q <( <fl r: Ill 0 t-<(\.) _j I I-<(w r: w " \.') Ill � 1--I!) <fl => w 0 1--" I <( "" I-I-<"'i I <fl (\) " 3 in "' iiZ N r-3 w C'\I t)I-O") z w <( w w -z 0 0::: 0::: -I-en en 0 w en 0::: ....J 0::: � <( w <( t) I-0 0 <(en <( w -.::I"c.o Ill 0 -.::I"en -.::I"....J 0::: SCALE: No :,,<:.,t-iLE- JOB: SHEET: Exhibit 6Full Size Exhibit(s) “A” – “AA” dated NOV. 19, 2025 On file in the Planning Division) Nov. 19, 2025 Item #2 28 of 61 Nov. 19, 2025 Item #2 29 of 61 Nov. 19, 2025 Item #2 30 of 61 Nov. 19, 2025 Item #2 31 of 61 Nov. 19, 2025 Item #2 32 of 61 Nov. 19, 2025 Item #2 33 of 61 Nov. 19, 2025 Item #2 34 of 61 Nov. 19, 2025 Item #2 35 of 61 Nov. 19, 2025 Item #2 36 of 61 Nov. 19, 2025 Item #2 37 of 61 Nov. 19, 2025 Item #2 38 of 61 Nov. 19, 2025 Item #2 39 of 61 Nov. 19, 2025 Item #2 40 of 61 Nov. 19, 2025 Item #2 41 of 61 Nov. 19, 2025 Item #2 42 of 61 Nov. 19, 2025 Item #2 43 of 61 Nov. 19, 2025 Item #2 44 of 61 Nov. 19, 2025 Item #2 45 of 61 Nov. 19, 2025 Item #2 46 of 61 Nov. 19, 2025 Item #2 47 of 61 Nov. 19, 2025 Item #2 48 of 61 Nov. 19, 2025 Item #2 49 of 61 Nov. 19, 2025 Item #2 50 of 61 Nov. 19, 2025 Item #2 51 of 61 Nov. 19, 2025 Item #2 52 of 61 Nov. 19, 2025 Item #2 53 of 61 Nov. 19, 2025 Item #2 54 of 61 Ishii Residence PO Box 576 Carlsbad, CA 92008 Exhibit 7 - Public Comments To: Planning Commission, City of Carlsbad Planning Division Attn: Megan McElfish Subject: Dev 2020-0111 cDP2024-009 Forester Residence 4464 Adams Ave. Carlsbad, CA 92008 November 6, 2024 We oppose the Forester Residence development plan and is in direct violation of the Coastal Development Permit Item #1, and live next door to the site. The plan will block views of the coastline from public lands and public right of way. We respectfully request the city planning commission to review, visit if necessary, and object to this proposed development plan, directing to page 6, under finding for the Coastal Development, Permit item 1, to protect the city’s tax paying citizens. On page 6 under finding for the Coastal Development Permit item 1, it says that "the construction of a new one-story single-family residence will not obstruct views of the coastline as seen from public lands or public right-right-of-way, nor otherwise damage the visual beauty of the Coastal Zone." This is not correct. Almost the length of 2 football fields of coastline view from public right-of-way on Highland Drive, will be obstructed by the planned construction and the proposed tree plantings. With the existing construction, there are sweeping views of the lagoon and ocean as one rounds the curve on Highland towards Adams Avenue. The title is misleading. Mr. Forester sold the property in May 2004. Per county records the new owner is Mark Lopez and lrma Lopez for the Lopez Revocable Family Trust. What are the regulations regarding the fact that Mr. Forester signed as the owner on February 23, 2024, prior to the sale? Why does the city mandate planting, usually foreign vegetation, in this city? We frequently have water restrictions, why allow the developer proceed with 3 named species that require moderate amounts of water? Those trees may be 30’ now, but will no doubt grow taller and without maintenance to keep height in check. We again respectfully request the city planning commission to review, visit if necessary, and object to this proposed development plan, directing to page 6, under finding for the Coastal Development, Permit item 1, to protect the city’s tax paying citizens. To the developer, why not take the step to make an easy welcome to the new addition to the neighborhood, by planting shrubs? Visit the location, families in the neighborhood take careful attention to respect the views of others, won’t you have the same courtesy? Respectfully, Bill Ishii and family Nov. 19, 2025 Item #2 55 of 61 From:Planning To:Megan McElfish Cc:Cynthia Vigeland Subject:FW: Forester Residence Date:Tuesday, November 5, 2024 3:18:13 PM From: Bonnie Brinkerhoff <bebrink@outlook.com> Sent: Tuesday, November 5, 2024 1:44 PM To: Planning <planning@carlsbadca.gov> Subject: Forester Residence I have received notification that the Forester Residence is to come before the Planning Commission on Wednesday, November 6, 2024. I am residing at 4448 Highland Drive and have a concern regarding the landscaping on Highland Drive. On Page 6 of the Coastal Development Permit it says that the construction of a new one-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. This plan may not be in consideration of your statement, as approximately 500 feet of coastline view from public right-of-way on Highland Drive may be blocked by the planned construction and the proposed tree plantings. I respectfully request that you please consider the landscaping, especially on Highland Drive, as the view is a very important part of the project as it regards the right-of-way! I am hoping you will further consider the height of the trees proposed to be planted. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Nov. 19, 2025 Item #2 56 of 61 To: Planning Commission City of Carlsbad Planning Division 1635 Faraday Avenue Carlsbad CA 92008 Attn: Megan McElfish Subject: Dev 2020-0111 CDP2024-009 Forester Residence 4464 Adams Allen Sweet 4444 Highland Drive Carlsbad CA 92008 2 November 2024 I have received notification that the Plan for the Forester Residence is to come before the Planning Commission on Wednesday November 6, 2024. I am opposed to the subject development as proposed for the following reasons. The title is misleading. Mr. Forester sold the property in May 2004. Per county records the new owner is Mark Lopez and Irma Lopez for the Lopez Revocable Family Trust. What are the regulations regarding the fact that Mr. Forester signed as the owner on February 23, 2024, prior to the sale? On page 6 under finding for the Coastal Development Permit item 1, it says that "the construction of a new one-story single-family residence will not obstruct views of the coastline as seen from public lands or public right-right-of-way, nor otherwise damage the visual beauty of the Coastal Zone." This is not correct. Approximately 500 feet of coastline view from public right-of-way on Highland Drive, will be blocked by the planned construction and the proposed tree plantings. With the existing construction, there are Nov. 19, 2025 Item #2 57 of 61 sweeping views of the lagoon and ocean as one rounds the curve on Highland towards Adams Avenue. On the application on page 12 under Utilities it says that the Developer is responsible to ensure that all existing overhead utilities servicing the property are to be undergrounded. Please clarify what is to be undergrounded as the property is currently provided power, cable and telephone by overhead lines on Highland Drive. There are only two additional power poles beyond the pole serving the subject property and all are adjacent to the property. It would be nice if all three overhead utilities could also be placed underground. Project Team form was signed naming Mr. Wright as the point of contact on February 21, 2024-prior to the sale. On page 21, the required Contribution Disclosure question is not answered. With new owners, this needs to be completed for the new owners. It is sad that the City requires so many trees in our desert environment and the developer has selected three named species of trees that are identified as requiring moderate amounts of water. Allen Sweet City resident Nov. 19, 2025 Item #2 58 of 61 Nov. 19, 2025 Item #2 59 of 61 Nov. 19, 2025 Item #2 60 of 61 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 Nov. 19, 2025 Item #2 61 of 61 Comments received by 10am 11/19/2025 Allen Sweet 4444 Highland Drive Carlsbad CA 92008 To: Planning Commission 18 November 2025 City of Carlsbad Planning Division 1635 Faraday Avenue Carlsbad CA 92008 Attn: Todd Arnhart Subject: CDP2024-009 Forester Residence 4464 Adams I have received notification that the Plan for the Forester Residence is to come before the Planning Commission on Wednesday November 19, 2025. I am opposed to the subject development as proposed for the following reasons. On page 6 under finding for the Coastal Development Permit item 1, it says that “the construction of a new one-story single-family residence will not obstruct views of the coastline as seen from public lands or public right-right-of-way, nor otherwise damage the visual beauty of the Coastal Zone.” This is not correct. Approximately 500 feet of coastline view from public right-of-way on Highland Drive, will be blocked by the planned construction and the proposed tree plantings. With the existing construction, there are sweeping views of the lagoon and ocean as one rounds the curve on Highland towards Adams Avenue. In the meeting package Item 2, page 3 it states: “ Adams Avenue has been designated as a potential scenic roadway in the Carlsbad General Plan and provides polices to protect views from Adams Avenue to Agua Hedionda Lagoon. However, there are no additional provisions included along Highland Drive.” I refer you back to the Coastal development Permit which says “ construction …will not obstruct views… from public right of way.” Highland Drive is a public right of way. This is not seeking an additional provision for Highland Drive. It’s the state’s existing requirement. The use of trees with a twenty foot canopy placed on twenty foot centers seems to be a deliberate attempt by the applicant to block any view past the trees. At other properties on Adams Avenue, I see that the owners used smaller palm trees and clustered them to not interfere with their view. This would seem to be a neighborly thing to do in this case. On the application on page 12 under Utilities the original application stated that the Developer is responsible to ensure that all existing overhead utilities servicing the property are to be undergrounded. I asked that they clarify what is to be undergrounded as the property is currently provided power, cable and telephone by overhead lines on Highland Drive. There are only two additional power poles beyond the pole serving the subject property and all are adjacent to the property. The applicant’s response was to remove this condition. I believe it would be in the city’s interest to get overhead lines placed underground and do not understand why the city seems to have accepted this change. It would be nice if all three overhead utilities could also be placed underground. I can also tell you that speaking to other owners, past and current, that many have expressed a willingness to share in the cost if given the opportunity. It is sad that the City requires so many trees in our desert environment and the developer has selected four named species of trees that are identified as requiring moderate amounts of water. Also, only three of the eight trees specified are on the city list of selected trees in the Community Forest Plan. If I understand the Community Forest Plan, shouldn’t all the trees be on the approved list? Allen Sweet City resident Todd Arnhart, Associate Planner Community Development Department November 19, 2025 Forester Residence CDP 2024-0009 Forester Residence •4464 Adams Street •0.53-acre •R-1-15000 Zone •R-4 Land Use Designation •Mello II Segment Project Location Forester Residence •Previously developed •Existing two-story, single-family residence with deck Project Site Forester Residence •4,085-square-foot, one-story, single- family dwelling •970-square-foot attached garage •1,608-square-foot terrace Proposed Project Front Elevation Rear Elevation Side Elevation Side Elevation Building Elevations (East and North) Forester Residence •Coastal Development Permit previously approved by the Planning Commission on May 19, 2021, under Resolution No. 7415. •New CDP previously scheduled for Planning Commission on November 6, 2024 (item continued) Project Background Project Consistency General Plan (R-4) Zoning Ordinance (R-1-15000) Mello II Segment of the LCP California Environmental Quality Act (CEQA) Forester Residence Forester Residence Staff has reviewed the scope of the project and finds that the project belongs to a class of projects that are categorically exempt from the requirement for the preparation of environmental documents (CEQA §15303 – New Construction or Conversion of Small Structures). CEQA Exemption Determination ITEM: RECOMMENDATION •ADOPT a resolution APPROVING the Coastal Development Permit (CDP 2024-0009).