HomeMy WebLinkAbout2025-11-19; Planning Commission; Resolution 7561Docusign Envelope ID: AC39B595-2573-4AAA-AD7A-D85A9AC3815C
PLANNING COMMISSION RESOLUTION NO. 7561
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
Docusign Envelope ID: AC39B595-2573-4AAA-AD7A-D85A9AC3815C
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(() 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:
Docusign Envelope ID: AC39B595-2573-4AAA-AD7A-D85A9AC3815C
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 O 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.
Docusign Envelope ID: AC39B595-2573-4AAA-AD7A-D85A9AC3815C
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.
Docusign Envelope ID: AC39B595-2573-4AAA-AD7A-D85A9AC3815C
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.
Docusign Envelope ID: AC39B595-2573-4AAA-AD7A-D85A9AC3815C
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.
Docusign Envelope ID: AC39B595-2573-4AAA-AD7A-D85A9AC3815C
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.
Docusign Envelope ID: AC39B595-2573-4AAA-AD7A-D85A9AC3815C
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.
Docusign Envelope ID: AC39B595-2573-4AAA-AD7A-D85A9AC3815C
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.
Docusign Envelope ID: AC39B595-2573-4AAA-AD7A-D85A9AC3815C
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 Nov. 19, 2025, by the following vote, to wit:
AYES: Meenes, Hubinger, Foster, Merz, Lafferty, Burrows, Fitzgerald
NAYS: None.
ABSTAIN: None.
ABSENT: None.
ROY MEENES, Chair
ERIC LARDY, City Planner