HomeMy WebLinkAboutPRE 2025-0062; POULIN RESIDENCE ADU AND POOL; Admin Decision LetterDecember 3, 2025
John Wakner
4681 Park Dr
STE B
Carlsbad, CA 92008-4389
SUBJECT: PRE 2025-0062 (DEV2025-0094)-POULIN ADU AND POOL
APN 206-192-17-00
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Carlsbad
Thank you for submitting a preliminary review for a 1,200-square-foot, detached Accessory Dwelling Unit
(ADU) and a 779-square-foot pool located at 4340 Highland Drive, assessor's parcel number (APN) 206-
192-17-00. The project site, approximately 0.54 acres (23,522 square feet), is currently developed with a
1,914 square-foot-single-family residence and 400 square foot detached accessory structure. Access will
continue to be provided by Highland Drive for both the residence and proposed ADU. The site is located
outside of the Coastal Commission's appealable area of the Coastal Zone.
The proposed project includes:
• Two options for the development of a 1,200 squa re foot detached ADU with associated retaining
walls, stairs and a pool.
a. Option 1: Cut and fill the existing slope to create a level pad and construct a retaining wall on
the upslope side.
b. Option 2: Stem wall foundation supporting half of the structure with the other half supported
by post and beam system on concrete piles .
• A 779 square-foot pool at the bottom of an existing 32-foot-tall slope.
In response to your application, the Planning Division has prepared this comment letter. Please note that
the purpose of a preliminary review is to provide you with direction and comments on the overall concept
of your project. This preliminary review does not represent an in-depth analysis of your project. It is
intended to give you feedback on critical issues based upon the information provided in your submittal.
This review is based upon the plans, policies, and standards in effect as of the date of this review. Please
be aware that at the time of a formal application submittal, new plans, policies, and standards may be
in effect and additional issues of concern may be raised through a more specific and detailed review.
Planning:
General
1. General Plan and zoning designations for the property are as follows:
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2600
PRE 2025-0062 (DEV2025-0094) -POULIN ADU AND POOL
December 03, 2025
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a. General Plan: Residential, 0-4 dwelling units per acre (R-4)
b. Zoning: One-Family Residential Zone, minimum 15,000-square-foot lot size (R-1-15000)
c. Coastal Zone: The project is in the Mello II segment of the city's Local Coastal Program, but
outside of the appeal area of the California Coastal Commission.
2. The project requires the following permits:
a. Minor Coastal Development Permit (CDP). A Minor CDP is required for a 1,200 square-foot
detached ADU. This is an administrative permit subject to the approval by the City Planner.
Please note, additional information is needed regarding the grading, slopes and biological
resources to determine whether the pool can be supported in its current proposed location at
the bottom of the slope .
b. Minor Habitat Management Plan (HMP) Permit. If there are sensitive biological resources on
the site, a HMP Permit will be required. This is an administrative permit subject to the approval
by the City Planner.
c. Building Permit.
3. Slope Analysis. To assess the project's compliance with the Zoning Code, specifically as it relates to
development on slopes in the Coastal Zone, please submit a slope analysis pursuant to Carlsbad
Municipal Code Section 21.95.130, Hillside mapping procedures. Additional feedback will be provided
once a slope analysis is prepared.
Link: https://ecode360.com/44014254
4. Hillside Development & Coastal Resources. The subject lot has a gradient of 15% or more and an
elevation differential greater than 15 feet and is therefore subject to the Hillside Development
Regulations, Carlsbad Municipal Code Chapter 21.95. Please see link below for reference.
CMC Chapter 21.95:
https://ecode360.com/44014272
Pursuant to CMC Section 21.95.040, single-family homes and associated accessory structures are
exempt from a Hillside Development Permit. However, the structures are required to comply with
the hillside development standards, CMC Section 21.95.140. Preliminarily, staff cannot support either
option as the ADU projects over the top of the existing slope and the pool is located at the bottom of
the slope and would require grading within the steep slope. Please redesign the project to pull all
development off the top of the slope and to comply with the top-of-slope setback requirements.
Please see applicable code references and links below for reference.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2600
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December 03, 2025
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CMC Section 21.95.140 (Al, (Bl, (I):
A. Coastal Zone Hillside Development Regulations.
1. All development on natural slopes of twenty-five percent or greater within the coastal zone shall comply with the
requirements of Chapters 21 .38 and 21 .203 of the Carlsbad Municipal Code and the slope protection policies of the
applicable local coastal program segment. Additionally, all hillside development processed pursuant to this chapter shall
be consistent with all applicable provisions and policies of the certified local coastal program(s) and shall not result in
significant adverse impacts to coastal resources. Within the coastal zone, in case of conflict between this section and any
other provision of Chapter 21.95, Hillside Development Regulations, this section shall apply.
B. Development of Natural Slopes of Over Forty Percent Gradient.
1. Natural slopes which have all of the following characteristics shall be undevelopable:
a. A gradient of greater than forty percent; and
b. An elevation differential of greater than fifteen feet; and
c. A minimum area of ten thousand square feet; and
d. The slope comprises a prominent land form feature.
I. Slope Edge Building Setbacks (pursuant to this chapter).
1. Slope edge building setbacks shall be sufficient to eliminate or significantly reduce views of vertical
building forms which would be visually incompatible with hillside landforms. Notwithstanding the
building setback requirements of the underlying zone, all main and accessory buildings that are
developed on hilltops and/or pads created on downhill perimeter slopes of greater than fifteen feet in
height shall be set back so that the building does not intrude into a 0.7 foot horizontal to one foot
vertical imaginary diagonal plane that is measured from the edge of slope to the building. For all
buildings which are subject to this slope edge building setback standard, a profile of the diagonal
plane shall be submitted with all other development application requirements.
Chapter 21.203, Coastal Resource Protection Overlay Zone:
https://ecode360.com/44014940#44014949
A. Preservation of Steep Slopes and Vegetation. Any development proposal that affects steep slopes (twenty-five percent
inclination or greater) shall be required to prepare a slope map and analysis for the affected slopes. The slope mapping and
analysis shall be prepared during the CEQA environmental review on a project-by-project basis and shall be required as a
condition of a coastal development permit.
1. Outside the Kelly Ranch property, for those slopes mapped as possessing endangered plant/animal species and/or coastal
sage scrub and chaparral plant communities, the following policy language applies:
a. Slopes of twenty-five percent grade and over shall be preserved in their natural state, unless the application of this
policy would preclude any reasonable use of the property, in which case an encroachment not to exceed ten
percent of the steep slope area over hventy-five percent grade may be permitted. For existing legal parcels, with all
or nearly all of their area in slope area over twenty·five percent grade, encroachment may be permitted; however,
any such encroachment shall be limited so that at no time is more than twenty percent of the entire parcel
(including areas under twenty-five percent slope) permitted to be disturbed from its natural state. This policy shall
not apply to the construction of roads of the city's circulation element or the development of utility systems. Uses
of slopes over twenty-five percent may be made in order to provide access to flatter areas if there is no less
environmentally damaging alternative available.
b. No further subdivisions of land or utilization of planned unit developments shall occur on lots that have their total
area in excess of twenty-five percent slope unless a planned unit development is proposed which limits grading and
development to not more than ten percent of the total site area.
c. Slopes and areas remaining undisturbed as a result of the hillside review process, shall be placed in a permanent
open space easement as a condition of development approval. The purpose of the open space easement shall be to
reduce the potential for localized erosion and slide hazards, to prohibit the removal of native vegetation except for
creating firebreaks andfor planting fire retardant vegetation and to protect visual resources of importance to the
entire community.
d. Notwithstanding subsections a and b of this section, encroachments to slopes of twenty-five percent grade and over
may be permitted in order to preserve natural habitat as required by the city's habitat management plan and the
required amount of preservation could not be achieved by strict adherence to the requirements of subsections a
and b of this section.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2600
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December 03, 2025
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Mello II Segment of the Local Coastal Program (LCP). Environmentally Sensitive Habitat and Slope
Protection Policies (please refer to Policy 3-1 on pdf page 55)
https://www.carlsbadca.gov/home/showpublisheddocument/236/637425974089530000
**Additional feedback will be provided once a biological resources report is submitted as part of
another preliminary review application.
5. Biological Resources/Habitat Management Plan. The site may contain sensitive upland habitat which
requires preservation in the coastal zone. To determine whether sensitive upland habitat will be
impacted, please submit a biological resources report prepared by a registered biologist. If a fire
buffer is required, the report shall account for the impacted area. Please refer to the Mello II Segment
of the LCP for additional information regarding sensitive resources in the coastal zone. Please also
refer to the Habitat Management Plan and the Mello II Segment of the LCP for additional information.
Once the biological resources report is completed (and the slope analysis), staff recommends the
submittal of a second preliminary review for additional analysis and feedback.
6. Building Height. Building height is taken from existing or finished grade whichever is lower. Please
be advised the post and beam with the concrete piles will be considered part of the structure for the
purposes of determining building height. As a result, the project does not comply with the maximum
allowable building height of 16 feet for detached ADUs . In addition, the design does not complement
the design of the existing home (please see Comment No. 9 below).
7. Retaining Walls/Cross Sections. Please provide multiple cross sections and elevation details from top
of wall to finished grade (exclusive of buried footings) as retaining walls cannot be greater than six
feet in height. Please add TW/BW and above grade height to the retaining walls, including the worst
condition (i.e., tallest point). In addition, please update all cross sections (N/W and E/S) to
demonstrate compliance with the slope edge building setback requirements pursuant to Hillside
Ordinance comments above.
8. Parking. One parking space is required for the ADU as it does not meet any of the exceptions of Gov.
Code §66322. Please indicate on the site plan where the parking spot will be located. Please also see
hyperlink to IB 111 for reference.
9. Architecture. On lots with single-family dwellings, the exterior roofing, trim, walls, windows and the
color palette of the ADU shall incorporate the same features as the existing single-family residence.
The post and beam design does not complement the design of the existing home.
10. Fuel Modification Area . Pursuant to comments received from the Fire Department, the property is in
a mapped Fire Suppression Zone with the possibility of protected habitat on the eastern portion of
the property. Vegetation management will need to be provided in accordance with the city's
Landscape Manual. Please be advised, the required fire buffer in the Landscape Manual is 60 feet. In
addition, if there is sensitive upland habitat, compliance with the Habitat Management Plan and the
Mello II Segment of the LCP is required. Additional comments will be provided once a biological
resources report is prepared.
Community Deve lopment Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2600
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Land Development Engineering
Land Development Engineering Division staff has completed a preliminary review of the above-referenced
project. Prior to formal application for the project permit submittal, the following items must be
adequately resolved/addressed, unless otherwise noted:
1. Per CMC 15.16.060, proposed option 1 with a retaining wall to fill and create a pad will require a
grading permit and grading plan. Grading plans must be prepared by a registered civil engineer and
require securities and a 10% cash deposit for the project. Processing of a grading plan on average
takes 1-2 years depending on complete submittals and all comments being properly addressed and
resubmitted in a timely manner.
2. Per CMC 15.16.060, proposed option 2 with a "as is" approach to the existing grading and caissons
may require further review to determine if a grading permit and grading plan is required.
3. With either option, completion of a Stormwater Standards Questionnaire Form E-34 is required. This
questionnaire will guide you and the city in determining what type of reports and storm water
mitigation must be completed to satisfy state and City storm water quality requirements. The
questionnaire is located on the City of Carlsbad website.
4. Provide a Preliminary Title Report (current within the last six (6) months).
5. Annotate and delineate existing easements and encumbrances listed in the Preliminary Title Report.
6. An updated preliminary geotechnical report is required to evaluate the feasibility of the proposed
project as neither Option 1 or 2 was distinctly identified, but rather a recommendation for existing
house and possibility of retaining walls to the east of the house. Guidelines for preliminary
geotechnical studies are available on the City of Carlsbad Engineering website.
7. Delineate and annotate the limits of grading.
8. Delineate and annotate approximate topographic contours for existing and proposed condition.
Provide 1-foot contours for slopes less than 5%; 2' intervals for slopes between 5% and 10%, and 5'
intervals for slopes over 10%. Extend contours a minimum 25 feet beyond the project boundary.
9. On the site plan, show and identify all existing surface improvements screened back (edge of
pavement, adjacent driveways, power poles, etc.) at the project site, project frontage and within 25
feet of the boundary.
10. Delineate location of all existing and proposed buildings, walls, fences and permanent structures
onsite and within 25 feet of the site.
11. Plans shall indicate the earthwork quantities (cut, fill, import, export, remedial) proposed for the
project in cubic yards .
12. Provide spot elevations at the corners of finished pad and floor elevations.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339 -2600
PRE 2025-0062 (DEV2025-0094)-POULIN ADU AND POOL
December 03, 2025
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13. Provide the method of draining the lot. Unless otherwise specified by a geotechnical engineer,
method of drainage shall comply with California Building Code (latest version) section 1804.4.
14. Delineate all retaining walls that will be utilized on the project site and show top of wall and bottom
of wall elevations, including at the highest and lowest points. Indicate maximum height of retaining
wall measured from bottom of footing to top of wall and maximum height measured from finish
surface to top of wall.
15. The project frontage has been identified in the city's inventory as a vacant planting site. Coordinate
with the parks and recreation department for planting requirements per Section 11.12 of the Carlsbad
Municipal Code for additional information.
16. Provide chain of title report to determine lot legality. A Certificate of Compliance may be required
pending results of the chain of title documents.
17. Show existing lot line bearing and distance.
18. Provide typical street cross sections for Highland Drive.
19. Driveways that exceed more than 150' length shall have a turnaround designed for a 3-point turn of
a passenger vehicle. Additionally, applicant shall coordinate with the fire department to ensure width
and grade of driveway meets fire department requirements.
20. Show all existing and proposed utilities and callout size for: water, sewer, underground dry utilities,
overhead lines, in Highland Drive and laterals affecting the property. Utilize record drawings: DWG
937-4 sheet 11 and DWG 149-8 sheet 9 found on the public records access page.
21. All transformers and electrical facilities solely serving this project site shall be located on site and
outside of the public right-of-way
22. Provide multiple cross-sections of the site to demonstrate differences in grade from adjacent
properties, existing and proposed grades on-site, fences and location of structures on-site and on
adjacent properties.
23. Meet with the Fire Department to identify the necessary fire protection measures required for this
project (access, sprinkler system, on-site circulation, emergency access, vegetation management,
etc.)
24. Please be advised that a more in-depth review of the proposed development will occur with the
discretionary permit application when a more complete design of the project is provided.
Building Division:
Any comments received from the Building Department will be forwarded under a separate cover.
Community De velopment Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2600
PRE 2025-0062 (DEV2025-0094) -POULIN ADU AND POOL
December 03, 2025
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Fire Department:
1. Parcel is in a mapped Fire Suppression Zone with possibility of protected habitat on the eastern
portion of the property. Vegetation management will need to be provided in accordance with the
city's Landscape Manual. Confirm with Habitat Management any need to provide separation from
proposed structure to protected habitat on the property.
2. Fire access driveway shall be a minimum of 16 feet wide, per CMC 17.04.060.
3. Fire access roadways shall be designed, constructed, and maintained to support the imposed loads of
fire apparatus with a total weight of 75,000 pounds. The surface shall be designed, constructed, and
maintained to provide all-weather driving capabilities. A letter or statement, wet-stamped and signed
by a registered engineer, shall be provided on the plans certifying that any new roadway meets this
75,000-pound, all-weather requirement.
4. Fire lane identification will be required to restrict parking of vehicles to maintain the required width
of fire access roadways for emergency vehicle use.
5. Access walkways must be provided to all required egress doors from a building, all firefighter access
doorways and the area beneath each emergency rescue opening. Access walkways must be a
minimum of five feet in width and shall consist of a surface that lends itself to safe use during
firefighting and rescue efforts. Solid surface walkways such as concrete or asphalt are preferable,
though alternative surfaces such as decomposed granite (DG), gravel, or grass are permissible under
certain conditions. Ground covers and shrubs that prevent or impede laddering of structures are not
permitted to be planted on or adjacent to access walkways.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2600
PRE 2025-0062 {DEV2025-0094) -POULIN ADU AND POOL
December 03, 2025
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If you would like to schedule a meeting to discuss this letter with the commenting departments, please
contact Tate Hillmann at the number below. You may also contact each department individually as
follows:
• Planning Division: Tate Hillmann, Assistant Planner, at (442) 339-2016
• Land Development Engineering: Linda Ontiveros, Project Engineer, at (442) 339-2773
• Fire Department: Darcy Davidson, Division Chief/Fire Marshal, at (442) 339-2662
• Building Division: Jesse Sanchez, Building Official, at {951) 756-8697
Sincerely,
Eric Lardy, AICP
City Planner
EL:TH:CF
c: Chris Poulin, 59 Damonte Ranch PKWY, Ste B-187, Reno, NV 89521
Linda Ontiveros, Project Engineer
Fire Prevention
Laserfiche/File Copy
Data Entry
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2600