HomeMy WebLinkAboutCDP 2026-0002; CARLSBAD BLVD BEACH HOMES MCDP; Admin Decision LetterMarch 16, 2026
Kirk Moeller
Kirk Moeller Architects
2888 Loker Avenue E, Suite 220
Carlsbad, CA 92010
{city of
Carlsbad
VIA EMAIL AND MAIL
RE: CDP 2026-0002 / V 2026-0001 (DEV2024-0003}-CARLSBAD BLVD BEACH HOMES MCDP
The city has completed its review of the application for a Minor Coastal Development Permit and a Minor
Variance for site grading, retaining walls, and associated fence and guardrail improvements associated
with an approved two-unit residential air-space condominium development located on a vacant 0.14-acre
lot at 5211 Carlsbad Boulevard (APN 210-062-09-00).
It is the Assistant Director of Community Development's determination that the project, CDP 2026-0002
/ V 2026-0001-Carlsbad Blvd Beach Homes, is consistent with the city's applicable Coastal Development
Regulations (Chapters 21.201-21.205) and Variance Regulations (Chapter 21.50). The Assistant Director
of Community Development, therefore, APPROVES this request based upon the following:
Findings:
Costal Development Permit
1. That the total cost of the proposed development is less than $60,000.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the Coastal
Act, in that the project involves site grading, retaining walls, and fence and guardrail improvements
associated with an approved residential development on a vacant infill lot. The proposed
improvements do not interfere with the public's right of access to the sea. The site is residentially
designated and is not suitable for use as public recreation. The project does not block or eliminate
any existing coastal access points, and the site is not identified as a potential location for new
shoreline access by the Local Coastal Program.
3. The proposed development will have no adverse effect on coastal resources, in that the subject
property is a vacant infill lot located within an established residential neighborhood. The proposed
grading and retaining wall improvements are limited in scope to the areas necessary to develop the
approved residential structures. The project does not involve sensitive habitat, wetlands, or other
coastal resources. All site drainage is routed to the existing public storm drain within Carlsbad
Boulevard, avoiding adverse impacts to adjacent properties.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CDP 2026-0002 / V 2026-0001 (DEV2024-0003)-CARLSBAD BLVD BEACH HOMES MCDP
March 16, 2026
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4. That the proposed development is in conformance with the Certified Local Coastal Program and all
applicable policies in that the site is zoned Residential Density-Multiple Zone (RD-M) with a General
Plan Land Use designation of R-15 Residential. The project consists of grading, retaining walls, and
fence and guardrail improvements ancillary to an approved two-unit residential condominium
development, which is consistent with the RD-M zone and R-15 Land Use designation. The project
site is located within the Mello II Segment of the certified Local Coastal Program. No agricultural
activities, sensitive resources, geologic instability, or flood hazards exist on the site. The proposed
fence and wall improvements do not obstruct views of the coastline as seen from public lands or
the public right-of-way, nor do they otherwise damage the visual beauty of the Coastal Zone.
5. That the request for a minor coastal development permit was adequately noticed at least ten (10)
working days before the date of this decision pursuant to Section 21.201.080(8) and (C) of the
Carlsbad Coastal Development Regulations.
6. That the Assistant Director of Community Development has determined that the project is exempt
from the requirements of the California Environmental Quality Act {CEQA) per Section 15303(b) of the
State CEQA Guidelines (New Construction or Conversion of Small Structures) and will not have any
adverse significant impact on the environment.
Minor Variance
7. That because of special circumstances applicable to the subject property, including size, shape,
topography, location or surroundings, the strict application of the zoning ordinance deprives such
property of privileges enjoyed by other property in the vicinity and under identical zoning
classification in that the subject property is a vacant infill lot that has never been previously
developed. All parcels fronting the west side of Carlsbad Boulevard slope generally from east-to-
west, and the immediately adjacent properties have established grades developed to support
existing structures and side yard areas. The subject property contains approximately six feet of
elevation change over a total lot depth of 80 feet. Because the site is undeveloped, it slopes more
consistently than its neighbors, which have already been graded and improved. An existing shared
retaining wall at the south property line was constructed with the development of the adjacent
residence at 5225 Carlsbad Boulevard to retain that property's established grade above the subject
parcel's sloping topography. To develop the site and create flat, buildable pad areas, the grade along
the northerly and westerly property lines must be raised to support the structure's foundation. The
proposed grade changes are further constrained by the need to maintain minimum storm drain pipe
slopes for drainage conveyance to the public storm drain within Carlsbad Boulevard, and by the
depth of the existing sewer lateral invert elevation (approximately 43.8), which requires the site to
be raised sufficiently to allow for gravity drainage of sewer flows. Lowering the site to match the
existing elevations along the westerly property line would result in storm drain conveyance slopes
below the 1.0% minimum and would place pad elevations below the sewer lateral invert, requiring
mechanical systems for both storm and sewer discharge. These conditions are unique to this vacant
infill parcel and distinguish it from surrounding developed properties.
8. That the variance shall not constitute a grant of special privileges inconsistent with the limitations
upon other properties in the vicinity and zone in which the subject property is located and is subject
to any conditions necessary to assure compliance with this finding in that the proposed variance
addresses unique parcel-specific hardships arising from the lot's undeveloped status, existing
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CDP 2026-0002 / V 2026-0001 (DEV2024-0003)-CARLSBAD BLVD BEACH HOMES MCDP
March 16, 2026
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topography, and the established grades of surrounding developed properties. The proposed
variance is consistent with the character of the neighborhood, as the surrounding properties reflect
similar infill development patterns and constraints. The variance restricts the fence and wall heights
to the minimum deviation necessary to resolve the hardship. No additional development intensity
is proposed as a result of the variance. The exceedances are confined to specific segments of the
northerly and westerly property lines only, and the south property line condition is within code
compliance and is not part of this variance request.
9. That the variance does not authorize a use or activity which is not otherwise expressly authorized by
the zone regulation governing the subject property in that the variance is limited to allowing
retaining wall and fence/guardrail combinations to exceed the maximum six-foot height permitted
by the Carlsbad Municipal Code at specific locations along the north and west property lines. The
variance does not authorize any new use or change in land use. A two-unit residential air-space
condominium is an expressly permitted use within the Residential Density-Multiple Zone (RD-M)
zone. The proposed variance is limited to resolving a conflict between the zoning height standard
and mandatory life-safety requirements -specifically, California Building Code and Cal OSHA
guardrail requirements triggered by exposed wall heights exceeding 30 inches, and the minimum
60-inch pool barrier fence required by the Swimming Pool Safety Act (Health and Safety Code
Sections 115920-115929 and SB 442) due to the presence of a pool on the adjacent western
property. The variance does not increase development capacity or facilitate any use not otherwise
permitted.
10. That the variance is consistent with the general purpose and intent of the general plan and any
applicable specific or master plans in that the proposed project involves grading, retaining walls, and
fence and guardrail improvements ancillary to an approved two-unit residential condominium
development consistent with the R-15 Residential General Plan Land Use designation. The granting
of a minor variance to allow retaining wall and fence/guardrail heights to exceed six feet at specific
locations along the north and west property lines supports equitable development of a constrained
infill lot by addressing unique physical hardships resulting from existing site topography and the
established grades of surrounding developed properties. The variance is the minimum deviation
necessary and is consistent with the General Plan's objective of promoting equitable and
reasonable use of residentially designated properties.
11. In addition, in the coastal zone, that the variance is consistent with and implements the requirements
of the certified local coastal program and that the variance does not reduce or in any manner
adversely affect the protection of coastal resources as specified in the zones included in this title, and
that the variance implements the purposes of zones adopted to implement the local coastal program
land use plan in that the project site is located within the Mello II Segment of the certified Local
Coastal Program and within the appealable jurisdiction of the coastal zone. The project site is
completely void of coastal resources -it is vacant, contains no habitat, is not designated for or
used for agriculture, and no public access exists across the property. The proposed project, including
the Minor Variance, meets all applicable Mello II LCP Land Use Plan requirements and does not
conflict with any LCP policy. The granting of the Minor Variance does not impede neighboring
property views or the right to access any coastal zone feature, and does not in any manner adversely
affect the protection of coastal resources
Community Development Department
Planning Division / 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CDP 2026-0002 / V 2026-0001 (DEV2024-0003)-CARLSBAD BLVD BEACH HOMES MCDP
March 16, 2026
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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 permit.
1. The Assistant Director of Community Development does hereby APPROVE the Minor Coastal
Development Permit, CDP 2026-0002 and Minor Variance, V 2026-0001, for the project entitled
Carlsbad Blvd Beach Homes (Exhibits "A" -"B"), dated March 16, 2026, on file in the Planning
Division and incorporated by this reference, subject to the conditions herein set forth. 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 Minor Coastal Development Permit and Minor
Variance.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Minor Coastal Development Permit and Minor Variance documents, as
necessary to make them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval, shall require an amendment to this approval.
4. The 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 Minor Coastal Development Permit and Minor Variance, (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.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CDP 2026-0002 / V 2026-0001 (DEV2024-0003)-CARLSBAD BLVD BEACH HOMES MCDP
March 16, 2026
Pa e 5
7. This approval shall become null and void if building permits are not issued for this project within 36
months from the date of project approval.
8. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License
Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD #1 special
tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040.
Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 3, pursuant to
Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are
not paid, this approval will not be consistent with the General Plan and shall become void.
9. Prior to the issuance of the building permit, Developer shall submit to the city a Notice of Restriction
to be filed in the office ofthe County Recorder, subject to the satisfaction of the Assistant Director of
Community Development, notifying all interested parties and successors in interest that the City of
Carlsbad has issued a Minor Coastal Development Permit and Minor Variance 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 Assistant Director of Community Development 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.
10. Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and all other applicable city ordinances in effect at time of building permit issuance, except
as otherwise specifically provided herein.
11. The Minor Variance approval is limited to the retaining wall and fence/guardrail height exceedances
at the specific locations identified on the approved Wall Height Exhibit (Sheet Al.2). No additional
wall or fence height exceedances beyond those specifically depicted and approved on the Wall Height
Exhibit are authorized by this approval.
Engineering Conditions:
General
12. 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.
13. 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.
Storm Water Quality
14. 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,
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CDP 2026-0002 / V 2026-0001 (DEV2024-0003)-CARLSBAD BLVD BEACH HOMES MCDP
March 16, 2026
Pa e 6
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.
15. Developer shall complete and submit to the City Engineer a Determination of Project's Storm Water
Pollution Prevention Plan (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 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.
16. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form.
Developer is responsible to ensure that all final design plans, grading plans, and building plans
incorporate applicable Best Management Practices (BMPs). These BMPs include site design, source
control and Low Impact Design (LID) measures including, but not limited to, minimizing the use of
impervious area (paving), routing run-off from impervious area to pervious/landscape areas,
preventing illicit discharges into the storm drain and adding storm drain stenciling or signage all to
the satisfaction of the City Engineer.
NOTICE
This decision may be appealed by you or any member of the public to the Planning Commission within ten
(10) calendar days of receipt of this letter. Appeals must be submitted in writing to the Planning
Commission at 1635 Faraday Avenue in Carlsbad, along with a payment of $952. The filing of such appeal
within such time limit shall stay the effective date of the order of the Assistant Director of Community
Development until such time as a final decision on the appeal is reached .
The project site is within the appealable area of the California Coastal Commission. This Minor Coastal
Development Permit (CDP) shall not become effective until ten (10) working days have elapsed, without
a valid appeal being filed with the Coastal Commission, following the Coastal Commission's receipt of the
city's notice of the CDP issuance ("Notice of Final Action"). The filing of a valid appeal with the Coastal
Commission within such time limit shall stay the effective date of this CDP until such time as a final decision
on the appeal is reached by the Coastal Commission.
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
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CDP 2026-0002 / V 2026-0001 (DEV2024-0003)-CARLSBAD BLVD BEACH HOMES MCDP
March 16, 2026
Pa e 7
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.
If you have any questions regarding this matter, please feel free to contact Edward Valenzuela at 442-339-
2624 or by email at edward.valenzuela@carlsbadca.gov.
CITY OF CARLSBAD
ERIC LARDY, AICP
Assistant Director of Community Development
EL:AA:cf
c: Kirk Moeller, 2888 Loker Ave E, Ste 317, Carlsbad, CA 92010
Jose Sanchez, Project Engineer
Laserfiche/File Copy
Data Entry
Community Development Department
Planning Division / 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600