HomeMy WebLinkAboutCDP 2025-0010; CHEETHAM RESIDENCE; Admin Decision LetterMay 14, 2026
Chandra Slaven
Slaven Consulting
#235
375 Camin de la Reina
Encinitas, CA 92108
{city of
Carlsbad
RE: CDP 2025-0010/V 2025-0001/NCP 2025-0001 {DEV2024-0040}-CHEETHAM RESIDENCE
The city has completed a review of the application for a Minor Coastal Development Permit (CDP), Minor
Variance (V), and a Nonconforming Construction Permit (NCP) for the remodel of an existing three-story,
2,759-square-foot single-family residence and attached 255-square-foot one-car garage, including a 67-
square-enclosure of a covered deck, a 78-square-foot garage addition, a 66-square-foot main-level deck,
and a 241-square-foot all-interior addition, located at 2617 Ocean Street.
It is the Assistant Director of Community Development's determination that the project, CDP 2025-0010/V
2025-0001/NCP 2025-0001 -Cheetham Residence, is consistent with the city's applicable Coastal
Development Regulations (Chapters 21.201 -21.205), Variance Regulations (Chapter 21.50),
Nonconforming Construction Permit Regulations (Chapter 21.48) and with all other applicable city
ordinances and policies. 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 67-square-foot covered deck enclosure, 78-square-foot garage addition, 66-
square-foot main-level deck do not interfere with the public's right of access to the sea and the
residentially designated site is not suitable for use as public recreation. Vertical public access to
the beach is available within approximately 90 feet of the project site. Furthermore, the project
site has not historically been and is not currently used as a beach access point, and the project site
is not identified as a potential desirable location for additional new shoreline access by the Local
Coastal Program. Under Assembly Bill (AB) 2097, one exterior vehicle parking space is removed
from the site to expand the garage. Bicycle parking inside the expanded garage is provided to
replace the exterior parking space, leaving one garaged parking space and garaged bicycle parking.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CDP 2025-0010/V 2025-0001/NCP 2025-0001 (DEV2024-0040)-CHEETHAM RESIDENCE
May 14, 2026
Pa e 2
3. The proposed development will have no adverse effect on coastal resources, in that the site is already
developed with a three-story single-family residence and attached garage. In addition, the covered
deck enclosure is located on the third level, the garage addition is located on a portion of the
property that is already disturbed and fully hardscaped, and the new deck will be cantilevered off
the second level above a larger, existing deck on the first level. The project is not anticipated to
cause stability or erosion issues as the unpermitted hardscape being removed has been conditioned
to be replaced with vegetation or other erosion control measures designed to slow runoff.
4. That the proposed development is in conformance with the Certified Local Coastal Program and all
applicable policies in that the site is developed with a single-family residence and attached garage,
and the project consists of an enclosure of an existing 67-square-foot covered deck, a 78-square
foot garage addition, and a 66-square foot main-level deck addition which is consistent with the R-
23 Land Use designation and R-3 Zoning. Furthermore, no agricultural activities, sensitive resources,
geologic instability, flood hazard, or vertical coastal access opportunities exist on site. No increases
to the height of the single-family residence are proposed, therefore, the project does not obstruct
views of the coastline as seen from public lands or public right-of-way or 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 15301 of the
State CEQA Guidelines 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 lot is considered substandard at 3,500 square feet, which is
approximately 47 percent of the 7,500-square foot minimum lot size for the R-3 zone. The lot
was legally created more than 100 years ago and is one of the smaller lots within the surrounding
area. The strict application of the zoning ordinance requiring residential buildings to be 20 feet from
the front property line physically constrains or constricts any development onsite from satisfying
current development standards. Furthermore, without approval of the variance, the applicant could
not achieve similar lot coverage and square footage enjoyed by other properties located within the
subdivision and surrounding neighborhood. Lastly, a variance for a reduced front yard setback, from
20 feet to 5 feet, was already granted for an addition to the site's existing single-family residence
under Administrative Variance (AV) 93-05.
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
surrounding neighborhood consists entirely of substandard lot sizes and developed properties
that generally do not meet the current R-3 development standards. Most of the surrounding
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CDP 2025-0010/V 2025-0001/NCP 2025-0001 (DEV2024-0040) -CHEETHAM RESIDENCE
May 14, 2026
Pa e 3
lots have been developed in a way that does not meet at least one of the current required
development standards of the R-3 Zone. Deviations on nearby lots include reduced front, rear, and
side yard setbacks. The site and surrounding neighborhood were originally developed with these
reduced setbacks, and variances for similar reductions have been granted to properties in the same
zone and vicinity, including the existing single-family residence on the subject site. Therefore, the
minor variance is not considered a grant of special privilege. Overall, the proposed front yard
setback reduction to 5 feet is similar to several of the nearby properties within the neighborhood
and to what was previously granted to the property under Administrative Variance (AV) 93-05.
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 granting of a minor
variance to reduce the required front yard setback from 20 feet to 5 feet does not authorize a use
which is not otherwise expressly permitted by the zoning regulations. A one-family dwelling is
allowed by right within the Multiple-Family Residential (R-3) zone. Therefore, a deviation from the
setback standards does not authorize a use or activity which is not authorized by the zone.
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 project consists of the enclosure of an existing 67-
square-foot covered deck on the third level, a 66-square-foot second-level deck addition on the
beach-facing elevation of an existing single-family residence, and a 78-square-foot garage addition
on the Ocean Street elevation requiring a reduced front yard setback. The proposed use is expressly
authorized by the Zoning Ordinance and General Plan regulations governing the subject property.
The granting of a minor variance for a reduced front yard setback to allow for the construction of a
78-square-foot garage addition is consistent with the general purpose and intent of the General
Plan for the R-23 Residential Land Use designation.
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 consists of the enclosure of an existing 67-square-foot covered deck
on the third-level, a 66-square-foot second-level deck addition on the beach-facing elevation, and
a 78-square-foot garage addition to an existing single-family residence requiring a reduced front
yard setback on the Ocean Street elevation, in an area designated for single-family and multi-family
residential development. The proposed additions to the three-story residence are compatible with
the surrounding development of single-family and multi-family structures. The additions to the
three-story 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. Furthermore, no
agricultural uses exist on the site, nor are there any sensitive resources located on the
previously developed site. The existing single-family residence is not located in an area of
known geologic instability or flood hazard, and no vertical coastal access opportunities exist on site.
The 78-square-foot garage addition on the Ocean Street elevation requiring a reduced front yard
setback does not interfere with the public's right of access to the sea and the residentially
designated site is not suitable for use as public recreation. Vertical public access to the beach is
available within approximately 90 feet of the project site. Furthermore, the project site has not
historically been, and is not currently used as a beach access point, and the project site is not
identified as a potential desirable location for additional new shoreline access by the Local Coastal
Community Deve lopment Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CDP 2025-0010/V 2025-0001/NCP 2025-0001 (DEV2024-0040) -CHEETHAM RESIDENCE
May 14, 2026
Pa e 4
Program. Therefore, granting such a variance for a 78-square-foot addition to a garage of a single-
family home will not adversely affect the Local Coastal Program.
Nonconforming Construction Permit
12. The expansion/replacement of the structure and/or use would not result in an adverse impact to the
health, safety and welfare of surrounding uses, persons or property in that the existing property is
currently developed with a single-family residence consistent within the requirements of the
Multiple-Family Residential (R-3) zoning district and the Beach Area Overlay Zone, with the
exception of the existing, nonconforming building height. The existing building height measures 31'
-4" (30 feet maximum allowed). The proposed additions comply with all applicable codes and
standards, and the use of the property will continue to be single-family residential as permitted in
the R-3 zoning district. The lot is bordered by residentially zoned lots to the north, south, east, and
bordered by the beach to the west.
13. The area of expansion shall comply with all current requirements and development standards of the
zone in which it is located, except as provided in Subsection 21.48.050(A)(3) of this chapter in that the
existing home will be expanded to allow more square footage and undergo interior and exterior
improvements to enhance the property within the residential zone. The proposed additions meet
all current development standards with the exception of the requested variance for a reduced
setback for the 78-square-foot garage addition to match the reduced front yard setback variance
previously approved under Administrative Variance (AV) 93-05. Under Assembly Bill (AB) 2097, one
exterior vehicle parking space is removed from the site to expand the garage. Bicycle parking inside
the expanded garage is provided to replace the exterior parking space, leaving one garaged parking
space and garaged bicycle parking.
14. The expansion of the structure shall comply with all current fire protection and building codes and
regulations contained in Titles 17 and 18 in that a building permit issued by the City of Carlsbad is
required for this project and the building construction plans will be reviewed for consistency with
all applicable fire protection and building codes prior to issuance. Furthermore, the project will
undergo standard building inspection procedures during the construction of all improvements to
the site.
15. The expansion and remodel would result in a structure that would be considered an improvement to,
or complementary to and/or consistent with the character of the neighborhood in which it is located
in that the use of the property will continue to be used as a single-family residence and the existing
home will be expanded to allow more square footage and undergo interior and exterior
improvements to enhance the property within the residential zone. Furthermore, the proposed
addition meets all current development standards and does not increase the existing
nonconformity. The Coastal Craftsman architectural style complements the beach-themed
character of the neighborhood.
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.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CDP 2025-0010/V 2025-0001/NCP 2025-0001 (DEV2024-0040) -CHEETHAM RESIDENCE
May 14, 2026
Pa e 5
1. The Assistant Director of Community Development does hereby APPROVE the Minor Coastal
Development Permit, CDP 2025-0010, Minor Variance, V 2025-0001, and Nonconforming
Construction Permit, NCP 2025-0001, for the project entitled Cheetham Residence (Exhibits "A" -
"Y"), dated May 14, 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, Minor
Variance, and Nonconforming Construction Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Minor Coastal Development Permit, Minor Variance, and Nonconforming
Construction 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.
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, Minor Variance, and Nonconforming Construction
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. 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.
Community Deve lopment Department
Planning Division [ 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CDP 2025-0010/V 2025-0001/NCP 2025-0001 (DEV2024-0040)-CHEETHAM RESIDENCE
May 14, 2026
Pa e 6
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 1, 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 of the 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, Minor Variance, and Nonconforming
Construction Permit 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. Pursuant to California Government Code § 65915.3 (AB 2097), which prohibits the application of AB
2097 to projects that include any form of transient lodging, no portion of the residence is to be used
for short-term vacation rentals or any rental period of less than thirty (30) consecutive days. Any
rental of less than 30 days is expressly prohibited.
12. All unpermitted pave rs located seaward of the required stringline setback shall be removed and the
disturbed area restored. The area shall be stabilized with vegetation and/or other erosion control
measures designed to slow runoff. All stabilization measures shall be maintained in good condition
to prevent erosion and sediment transport toward the beach and ocean .
Engineering Conditions:
General
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 atthe time of permit issuance and will continue to be available
until time of occupancy.
Community Development Department
Planning Division [ 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442 -339-2600
CDP 2025-0010/V 2025-0001/NCP 2025-0001 (DEV2024-0040)-CHEETHAM RESIDENCE
May 14, 2026
Pa e 7
Fees/ Agreements
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,
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 SW PPP 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.
Commun ity Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CDP 2025-0010/V 2025-0001/NCP 2025-0001 (DEV2024-0040) -CHEETHAM RESIDENCE
May 14, 2026
Pa e 8
NOTICE
This decision may be appealed by you or any member of the public to the Planning Commission within ten
(10) calendar days of rec~ipt 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
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
Assistant Director of Community Development
EL:EV:cf
Attachment A:
c: Property Owner: Janet Cheetham, 30521 Via Lindosa Laguna Niguel, CA 92677
Linda Ontiveros, Project Engineer
Laserfiche/File Copy
Data Entry
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600