HomeMy WebLinkAboutCDP 2025-0031; 4016 GARFIELD HOMES; Admin Decision LetterMay 20, 2026
Kirk Moeller
MINOR COASTAL DEVELOPMENT PERMIT
NOTICE OF DECISION
{city of
Carlsbad
2888 Loker Ave E Suite 317
Carlsbad, CA 92010
RE: 4016 GARFIELD HOMES -CDP 2025-0031/SDP 2025-0008/MS 2025-0003/PUD 2025-
0003 (DEV2025-0075) -Request for approval of a Minor Coastal Development Permit
(CDP 2025-0031), Minor Site Development Plan (SDP 2025-0008), Minor Subdivision (MS
2025-0003) and Minor Planned Development Permit (PUD 2025-0003) to construct a deck
addition, a new deck and an entryway addition to an existing residential duplex and to
subdivide the duplex into two air space condominium units. Unit 1, located on the ground
floor, is 2,428 square feet. A 44-square-foot entryway addition is proposed to unit 1 along
with a 188-square-foot deck. Unit 2, located on the second floor, is 2,445 square feet and
has a 492-square-foot deck. A 274-square-foot deck addition is proposed to unit 2 to
create a 763-square-foot deck. The structure contains a 2,605-square-foot underground
parking garage with five spaces which will be held in common interest. The project site,
located at 4016 Garfield Street (Assessor Parcel Number 206-080-02-00), is subject to the
Residential, R-23 (19-23 du/ac) General Plan Land Use Designation and is within the
Residential Density-Multiple (RD-M) and Beach Area Overlay Zones and Local Facilities
Management Zone 1.
City Planner has completed a review of your application for a f'{linor Coastal Development Permit,
Minor Site Development Plan, Minor Subdivision and Minor Planned Development Permit to construct a
deck addition, a new deck and an entryway addition to an existing residential duplex, and to subdivide
the duplex into two air-space condominium units, located at 4016 Garfield Street. A notice was sent to
property owners within a 300-foot radius and occupants within a 100-foot radius of the subject property
requesting comments regarding the above request. No comments were received within the ten-day
notice period (ending on March 10, 2026). After careful consideration of the circumstances surrounding
this request, the City Planner has made a decision pursuant to Section 21.201.080, 21.06.070, 20.24.120,
and 21.45.050 of the City of Carlsbad Municipal Code to APPROVE this request based on the following
findings and subject to the conditions listed below.
Findings
Minor Coastal Development Permit, CDP 2025-0031
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
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1. That the total cost of the proposed development is less than $60,000.
2. That the development is in conformity with the public access and public recreation policies of Chapter
3 of the Coastal Act, in that no opportunities for coastal access are available from the subject site,
nor are public recreation areas required of the project.
4. The proposed development will have no adverse effect on coastal resources, in that the two-unit
residential air-space condominium project is not located on property adjacent to a body of water,
and the entire lot is already disturbed and developed with a residential duplex.
5. That the proposed development is in conformance with the Mello II Segment of the Certified Local
Coastal Program and all applicable policies in that the site is designated for residential uses the site
has a General Plan Land Use designation of R-23, Residential (19-23 dwelling units per acre) and is
zoned RD-M, Residential Density-Multiple and is within the Beach Area Overlay zone, which allows
for residential development including multi-family structures. This project proposes to modify an
existing duplex by adding a 44-square-foot entryway addition and a 188-square-foot deck to Unit 1.
For Unit 2, the existing 492-square-foot deck will be expanded by 274 square feet to reach a total
of 763 square feet. Additionally, the duplex will be subdivided into two air space condominium
units. The two-story structure is consistent with the surrounding residential development, which
consists primarily of two-story residential structures. The proposed project 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. No agricultural uses currently exist on the site, nor are there any
sensitive resources located on the property. Furthermore, the proposed two-unit airspace
condominium project is not located in an area of known geologic instability or flood hazards.
6. 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(B) and (C) of the
Carlsbad Coastal Development Regulations.
7. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter
21.203 of the Zoning Ordinance) in that the two-unit residential air-space condominium 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. No steep slopes or native vegetation is located on the subject property
and the site is not located in an area prone to landslides, or susceptible to accelerated erosion,
floods, or liquefaction.
Minor Site Development Plan, SDP 2025-0008
8. That the requested development or use is properly related to the site, surroundings and
environmental settings, will not be detrimental to existing development or uses or to development or
uses specifically permitted in the area in which the proposed development or use is to be located, and
will not adversely impact the site, surroundings or traffic circulation; in that the project consists of
modifications to an existing duplex, including construction of an entryway addition, a deck addition
and a new deck, and subdivision of the duplex into two air space condominium units on a 0.14-acre
lot located at 4016 Garfield Street. The site is surrounded by a mix of existing single-family, duplex,
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CDP 2025-0031/SDP 2025-0008/MS 2025-0003/PUD 2025-0003 (DEV2025-0075) -4016 GARFIELD
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and multiple-family residential developments. The proposed two-unit residential project at a
density of 14.3 du/ac is consistent with the R-23 Residential (19-23 du/ac) General Plan Land Use
designation according to CMC 21.53.230(e}(3} which allows unit yields to be rounded-down when
the minimum density is used to calculate unit yields. The project is consistent with the various
elements and objectives of the General Plan as discussed in the findings below and Section "A" of
the Project Analysis. The proposed two-unit residential project will not be detrimental to existing
uses or to uses specifically permitted in the area in which the use is located in that residential use
is a permitted use within the Residential Density-Multiple (RD-M} Zone and is compatible with the
other residential uses surrounding the project site, including single-family, duplex, and multi-family
residential. The two-unit residential air-space condominium project will not adversely impact the
site, surroundings, or traffic circulation in that project will not generate a significant number of trips
from the site as the project does not propose to increase the number of units. The project complies
with all minimum development standards of the Carlsbad Municipal Code, including but not limited
to the RD-M Zone, Beach Area Overlay Zone, and the Planned Development Ordinance.
Furthermore, the project is adequately parked on-site and does not result in any significant
environmental impacts.
9. That the site for the intended development or use is adequate in size and shape to accommodate the
use; in that that the two-unit residential air-space condominium project complies with all
development standards (i.e. front, side and rear setbacks, lot coverage, private open space, number
of parking spaces, and height restrictions) of the Residential Density-Multiple (RD-M} Zone, the
Beach Area Overlay Zone, and the Planned Development Ordinance.
10. That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested development or use to existing or permitted future development or use in the
neighborhood will be provided and maintained; in that the two-unit residential air-space
condominium project complies with all applicable development standards (i.e. setbacks, lot
coverage, parking, and height restrictions) of the Residential Density-Multiple (RD-M) Zone, the
Beach Area Overlay Zone (BAOZ}, and the Planned Development Ordinance. In addition to the
above, all proposed walls/fences on the property comply with the Zoning Code.
11. That the street system serving the proposed development or use is adequate to properly handle all
traffic generated by the proposed use; in that the two-unit residential air-space condominium
project will continue to take access off Garfield Street, which is designed to adequately handle the
existing number of trips. As no changes in the number of units will occur, the project will not
increase traffic generation. In addition, the project frontage along Garfield Street is already fully
improved with a curb, gutter, and sidewalk.
Minor Subdivision, MS 2025-0003
12. That the proposed map and the proposed design and improvement of the subdivision as conditioned,
is consistent with and satisfies all requirements of the General Plan, any applicable specific plans,
Titles 20 and 21 of the Carlsbad Municipal Code and the State Subdivision Map Act, and will not cause
serious public health problems, in that the two-unit residential air-space condominium project
created through the minor subdivision satisfies all the minimum requirements of Title 20 and has
been designed to comply with other applicable regulations including the Residential Density-
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
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Multiple (RD-M} Zone, the Beach Area Overlay Zone, the Planned Development Ordinance, Growth
Management Ordinance, and the R-23 Residential General Plan Land Use designation.
13. That the proposed project is compatible with the surrounding future land uses since surrounding
properties are designated R-23 Residential for residential development at a density of 19-23
dwelling units per acre. Surrounding properties are also designated R-23 Residential and are
developed with duplex or multiple-family residential projects of a similar density or
underdeveloped lots containing one single-family home.
14. That the site is physically suitable for the type and density of the development since the site is
adequate in size and shape to accommodate residential development at the density proposed, in that
in that all required development standards and design criteria required by the Residential Density
Multiple (RD-M} Zone, the Planned Development Ordinance, and the Beach Area Overlay Zone are
incorporated into the two-unit residential air-space condominium project.
15. That the design of the subdivision or the type of improvements will not conflict with easements of
record or easements established by court judgment, or acquired by the public at large, for access
through or use of property within the proposed subdivision, in that the two-unit residential air-space
condominium project has been designed and conditioned so that there are no conflicts with
established easements and no additional right-of-way is required.
16. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of
1965 (Williamson Act).
17. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating
or cooling opportunities in the subdivision, in that the two unit are designed to include decks and
operable windows oriented to maximize exposure of the units to natural light and ventilation from
nearby coastal breezes.
18. That the City Planner has considered, in connection with the housing proposed by this subdivision,
the housing needs of the region, and balanced those housing needs against the public service needs
of the City and available fiscal and environmental resources.
19. That the design of the subdivision and improvements are not likely to cause substantial environmental
damage nor substantially and avoidably injure fish and wildlife or their habitat, in that in that the
project site is currently developed with a residential duplex, and the project site does not contain
any sensitive resources.
20. That the discharge of waste from the subdivision will not result in violation of existing California
Regional Water Quality Control Board requirements, in that the two-unit residential air-space
condominium project has been designed in accordance with the Best Management Practices for
water quality protection in accordance with the City's sewer and drainage standards.
Minor Planned Development Permit, PUD 2025-0003
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
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21. The proposed project is consistent with the general plan, and complies with all applicable provisions
of this chapter, and all other applicable provisions of the Carlsbad Municipal Code, in that the project's
proposed density of 14.3 du/ac is consistent with the R-23 General Plan Land Use Designation. The
project is consistent with all remaining development and design standards applicable to the
property as contained in Chapters 21.24 (Residential Density-Multiple) Zone, 21.45 (Planned
Developments), and 21.82 (Beach Area Overlay Zone) of the Carlsbad Municipal Code.
22. The proposed project will not be detrimental to existing uses, or to uses specifically permitted in the
area in which the proposed use is to be located, and will not adversely impact the site, surroundings,
or traffic, in that the two-unit residential air-space condominium project is compatible with existing
surrounding single-family, duplex, and multiple-family residential uses as permitted by the
Residential Density-Multiple (RD-M) Zone and will not generate an increase in the number of trips
from the site as the project does not propose an increase in the number of units.
23. The project will not adversely affect the public health, safety, or general welfare, in that the two-unit
residential air-space condominium project has been designed to comply with all applicable
development standards to ensure compatibility with surrounding single-, two-and multi-family
residential uses.
24. The project's design, including architecture, streets, and site layout a) contributes to the community's
overall aesthetic quality, b) includes the use of harmonious materials and colors, and the appropriate
use of landscaping, and c) achieves continuity among all elements of the project, in that the two-unit,
two-story residential air-space condominium project is architecturally harmonious with the
surrounding environment in that it is designed with respect to the existing duplex. Primary building
materials include stucco, composite decorative horizontal and board and batten siding, and
decorative stone. Other finishes include decorative wooden guardrail and flat concrete rooftile. All
elements (i.e. site layout, architecture) create continuity in the overall project design.
General
25. The City Planner finds that the project, as conditioned herein, is in conformance with the Elements of
the City's General Plan, including, but not limited to the following:
a. Land Use -The two-unit residential air-space condominium project is consistent with the
elements and objectives of the General Plan as the project's density of 14.3 dwelling units
per acre is consistent with the R-23 Residential (19-23 du/ac) General Plan Land Use
designation according to CMC 21.53.230(e)(3) which allows unit yields to be rounded-down
when the minimum density is used to calculate unit yields.
b. Mobility -The proposed project has been designed to meet circulation requirements, which
include maintaining or enhancing frontage improvements consisting of walkways and
landscaping. In addition, the applicant will be required to pay any applicable traffic impact
fees, prior to issuance of a building permit, that will go toward future road improvements.
The proposed project is located approximately 0.2 miles from the Carlsbad Blvd. and
Tamarack Ave. bus stop which provides bus service throughout the day. The project's
proximity to the bus station would provide residents with the opportunity to commute to
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
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major job centers, thereby reducing vehicle miles traveled (VMTs) and their carbon footprint.
Furthermore, the project supports walkability and mobility by locating the project near
existing goods and services along Tamarack Ave. and Carlsbad Blvd.
c. Noise -The proposed project is consistent with the Noise Element of the General Plan in
that noise levels would be below the City's interior and exterior noise standards for multi
family residences.
d. Housing -The project is not adding additional housing units, with two housing units
currently existing and two units proposed. Therefore, the project is not subject to
inclusionary housing requirements.
e. Public Safety -The proposed structural improvements will be required to be designed in
conformance with all seismic design standards. In addition, the proposed project is
consistent with all the applicable fire safety requirements including fire sprinklers.
Additionally, the proposed project is not located in an area of known geologic instability or
flood hazard and the site is not located in an area prone to landslides, or susceptible to
accelerated erosion, floods, or liquefaction.
26. That the City Planner has determined that the project belongs to a class of projects that the State
Secretary for Resources has found do not have a significant impact on the environment, and it is
therefore categorically exempt from the requirement for the preparation of environmental
documents pursuant to Section 15301 (Existing Facilities) Class 1 Categorical Exemption of the state
CEQA Guidelines. In making this determination, the City Planner has found that the exceptions listed
in Section 15300.2 of the state CEQA Guidelines do not apply to this project.
27. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
28. The City Planner 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:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to recordation of the
associated Tentative Parcel Map (MS 2025-0003).
1. Approval is granted for CDP 2025-0031/SDP 2025-0008/MS 2025-0003/PUD 2025-0003 (DEV2025-
0075) -4016 GARFIELD HOMES as shown on Exhibit "A" -"O" dated May 20, 2026 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
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CDP 2025-0031/SDP 2025-0008/MS 2025-0003/PUD 2025-0003 (DEV2025-0075) -4016 GARFIELD
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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 Site
Development Plan, Minor Subdivision and Minor Planned Development 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 Site Development Plan, Minor
Subdivision and Minor Planned 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.
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 Site Development Plan, Minor Subdivision and
Minor Planned 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 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. If satisfaction of the school facility requirement involves a Mello-Roos Community Facilities District or
other financing mechanism which is inconsistent with City Council Policy No. 38, by allowing a pass
through of the taxes or fees to individual home buyers, then in addition to any other disclosure
required by law or Council policy, the Developer shall disclose to future owners in the project, to the
maximum extent possible, the existence of the tax or fee, and that the school district is the taxing
agency responsible for the financing mechanism. The form of notice is subject to the approval of the
City Planner and shall at least include a handout and a sign inside the sales facility, or inside each unit,
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
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stating the fact of a potential pass-through of fees or taxes exists and where complete information
regarding those fees or taxes can be obtained.
9. 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.
10. 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. A note to this effect shall be placed on the Final Map.
11. 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.
12. 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.
13. 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 City Pia nner, notifying
all interested parties and successors in interest that the City of Carlsbad has issued a Minor Coastal
Development Permit, Minor Site Development Plan, Minor Subdivision and Minor Planned
Development 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 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.
14. Prior to issuance of building permits, Developer shall list the following condition on all 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.
15. 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.
16. Developer shall establish a homeowner's association and corresponding covenants, conditions, and
restrictions (CC&Rs). Said CC&Rs shall be submitted to and approved by the City Planner prior to
Certificate of Occupancy. Prior to issuance of a building permit, the Developer shall provide the
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
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Planning Division with a recorded copy of the official CC&Rs that have been approved by the
Department of Real Estate and the City Planner. A "hold" will be placed on the building permit (i.e.
Certificate of Occupancy) to ensure that said CC&R's are received prior to issuance of Certificate of
Occupancy. At a minimum, the CC&Rs shall contain the following provisions:
a. General Enforcement by the City: The City shall have the right, but not the obligation, to
enforce those Protective Covenants set forth in this Declaration in favor of, or in which the
City has an interest.
b. Notice and Amendment: A copy of any proposed amendment shall be provided to the City in
advance. If the proposed amendment affects the City, City shall have the right to disapprove.
A copy of the final approved amendment shall be transmitted to City within 30 days for the
official record.
c. Failure of Association to Maintain Common Area Lots and Easements: In the event that the
Association fails to maintain the "Common Area Lots and/or the Association's Easements" as
provided in Article ___ _, Section _____ the city shall have the right, but not the
duty, to perform the necessary maintenance. If the city elects to perform such maintenance,
the city shall give written notice to the Association, with a copy thereof to the Owners in the
Project, setting forth with particularity the maintenance which the city finds to be required
and requesting the same be carried out by the Association within a period of thirty {30) days
from the giving of such notice. In the event that the Association fails to carry out such
maintenance of the Common Area Lots and/or Association's Easements within the period
specified by the city's notice, the City shall be entitled to cause such work to be completed
and shall be entitled to reimbursement with respect thereto from the Owners as provided
herein.
d. Special Assessments Levied by the City: In the event the City has performed the necessary
maintenance to either Common Area Lots and/or Association's Easements, the city shall
submit a written invoice to the Association for all costs incurred by the City to perform such
maintenance of the Common Area Lots and or Association's Easements. The city shall provide
a copy of such invoice to each Owner in the Project, together with a statement that if the
Association fails to pay such invoice in full within the time specified, the city will pursue
collection against the Owners in the Project pursuant to the provisions of this Section. Said
invoice shall be due and payable by the Association within twenty (20) days of receipt by the
Association. If the Association shall fail to pay such invoice in full within the period specified,
payment shall be deemed delinquent and shall be subject to a late charge in an amount equal
to six percent {6%) of the amount of the invoice. Thereafter the City may pursue collection
from the Association by means of any remedies available at law or in equity. Without limiting
the generality of the foregoing, in addition to all other rights and remedies available to the
city, the city may levy a special assessment against the Owners of each Lot in the Project for
an equal pro rata share of the invoice, plus the late charge. Such special assessment shall
constitute a charge on the land and shall be a continuing lien upon each Lot against which the
special assessment is levied. Each Owner in the Project hereby vests the city with the right
and power to levy such special assessment, to impose a lien upon their respective Lot and to
bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
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his/her respective Lot for purposes of collecting such special assessment in accordance with
the procedures set forth in Article ____ of this Declaration.
e. Landscape Maintenance Responsibilities: The HOAs and individual lot or unit owner landscape
maintenance responsibilities shall be as set forth in Exhibit ____ _
f. Balconies, trellis, and decks: The individual lot or unit owner allowances and prohibitions
regarding balconies, trellis, and decks shall be as set forth in Exhibit ___ _
g. Parking and Storage: The individual lot or unit owner allowances and prohibitions regarding
Parking and Storage shall be as set forth in Exhibit ___ _
17. Prior to Certificate of Occupancy, the Developer shall submit to the City Planner a recorded copy of
the Condominium Plan filed with the Bureau of Real Estate which is in conformance with the City
approved documents and exhibits.
18. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to the City
Planner, in the sales office or inside each unit, at all times. All sales maps that are distributed or made
available to the public shall include but not be limited to trails, future and existing schools, parks, and
streets.
19. Developer shall post a sign in the sales office, or inside each unit, in a prominent location that
discloses which special districts and school district provide service to the project. Said sign shall remain
posted until ALL of the units are sold.
Engineering Conditions:
NOTE: Unless otherwise specified herein, all conditions below shall be satisfied prior to building permit;
or pursuant to an approved construction schedule at the discretion of the appropriate Division Manager
or Official.
General
20. 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.
21. Developer shall remove all portions of the private decorative pavers, wall and gate within the
public Right-of-Way to the satisfaction of City Engineer.
Storm Water Quality
22. 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 2025-0031/SDP 2025-0008/MS 2025-0003/PUD 2025-0003 (DEV2025-0075} -4016 GARFIELD
HOMES
May 20, 2026
Pa e 11
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.
23. 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.
24. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form.
Developer is responsible to ensure that all final design 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.
Dedications/Improvements
25. 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.
Code Reminders:
26. Developer shall give all notices of the condominium conversion to all tenants as required by the
Subdivision Map Act and the Carlsbad Municipal Code.
27. 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.
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 City Planner 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.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CDP 2025-0031/SDP 2025-0008/MS 2025-0003/PUD 2025-0003 (DEV2025-0075) -4016 GARFIELD
HOMES
May 20, 2026
Pa e 12
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 Lauren Yzaguirre at 442-339-
2634 or by email at Lauren .Yzaguirre@carlsbadca.gov.
CITY OF CARLSBAD
ERIC LARDY, AICP
City Planner
EL:LYCF
c: Kendall and Joni Oltrogge, 626 Seaward Ave. Carlsbad, CA 92011
Eric Lardy, City Planner
Jose Sanchez, 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