HomeMy WebLinkAboutCDP 2025-0046; 363 CARLSBAD VILLAGE DRIVE; Admin Decision LetterJune 18, 2026
TAALSAFDIE
MINOR COASTAL DEVELOPMENT PERMIT
NOTICE OF DECISION
{city of
Carlsbad
SAFDIE RABIN ES ARCHITECTS
925 FORT STOCTON DRIVE
SAN DIEGO, CA 92103
SUBJECT: CDP 2025-0046 (DEV2023-0096) -363 CARLSBAD VILLAGE DRIVE -Request for
approval of a Minor Coastal Development Permit (CDP 2025-0046) to demolish an
existing but abandoned single-family residential structure and associated site
improvements and the erection of a fence along the perimeter of the property at
363 Carlsbad Village Drive, within the Village Center (VC) District of the Village and
Barrio Master Plan (VBMP) and Local Facilities Management Zone 1.
Dear Taal Safdie,
The City Planner has completed a review of your application for a Minor Coastal Development
Permit to demolish an existing but abandoned single-family residential structure and associated
site improvements and the erection of a fence along the perimeter of the property at 363
Carlsbad Village Drive. 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. Comments were received within the ten-day notice period (ending on April 11,
2026) and a request for an Administrative Hearing was filed. On May 7, 2026, the City Planner
held an Administrative Hearing to consider said request. Public testimony was given regarding
the location of the proposed perimeter fencing, and the "clear zone" (also referred to as the
"line-of-sight triangle" or "visibility triangle"), which is the area where the fence will not be
erected to allow for drivers utilizing the driveway on the adjacent property to clearly see
oncoming traffic and pedestrians. After careful consideration of the evidence presented at the
Administrative Hearing, the City Planner has made a decision pursuant to Section 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.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CDP 2025-0046 (DEV2023-0096) -363 CARLSBAD VILLAGE DRIVE
June 18, 2026
Pa e 2
Findings:
1. That the proposed development requires no discretionary approvals other than a Minor
Coastal Development Permit.
2. That the development is in conformity with the public access and public recreation policies
of Chapter 3 of the Coastal Act, in that the existing residence to be demolished and the
proposed fence are not located on a property adjacent to a body of water. Therefore, no
opportunities for coastal access are available from the subject site, nor are public recreation
areas required of the project.
3. The proposed development will have no adverse effect on coastal resources, in that the
existing residence to be demolished and the proposed fence are not located on a property
adjacent to a body of water, and the entire lot is already disturbed and developed with a
single-family home and mature landscaping.
4. That the proposed development is in conformance with the Village Area Segment of the
Certified Local Coastal Program and all applicable policies in that the site is within the Village
Center (VC) District of the Village and Barrio Master Plan, which serves as the Local Coastal
Program for the planning area. The project proposes the demolition of an existing single
family residence and the construction of a 6-foot-high perimeter fence along the property
lines, with the exception of a clear zone consisting of an isosceles right triangle measured
7 .5 feet in both directions from the intersection of the eastern property line and the norther
property line. The location of the proposed fence, with a 7.5 by 7.5-foot clear zone, was
reviewed by the city's Transportation Engineering division. Per the City's Engineering
standards, sufficient stopping sight distance would be available for the existing adjacent
driveway with the proposed fence measuring 15' back from the edge of traveled way
(Traffic Engineering Memo, Exhibit 1). A historic resource technical report was prepared for
the existing single-family residence (GPA Consulting, March 2026), which was constructed
in 1940. It was determined that the structure does not qualify as a historic resource. The
project is not a housing development project as the project does not include the
construction of any new residential units. The structure has been abandoned and boarded
up for over ten years and has become a popular location for trespassing and illegal
dumping. The demolition of the structure is necessary to protect the health and safety of
the public. The proposed project will not obstruct views of the coastline as seen from public
lands or the public right-of-way, nor will 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 existing single-family residence, detached
garage and workshop to be demolished and the proposed fence are not located in an area
of known geologic instability or flood hazards.
5. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(Chapter 21.203 of the Zoning Ordinance), in that the project will adhere to the city's Master
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CDP 2025-0046 (DEV2023-0096)-363 CARLSBAD VILLAGE DRIVE
June 18, 2026
Pa e 3
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 undevelopable steep slopes or native vegetation exist on
the subject property and the developed site is not located in an area prone to landslides,
or susceptible to accelerated erosion, floods, or liquefaction. No habitat buffers or geologic
stability setbacks are required of the property.
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 21.201.0B0(B) and (C)
of the Carlsbad Coastal Development Regulations.
7. That the City Planner has determined that the project is exempt from the requirements of
the California Environmental Quality Act (CEQA) per Section 15301(1)(1) -Existing Facilities
of the State CEQA Guidelines and will not have any adverse significant impact on the
environment.
Conditions:
1. The City Planner does hereby APPROVE the Minor Coastal Development Permit, CDP 2025-
0046, for the project entitled 363 CARLSBAD VILLAGE DRIVE (Exhibits "A" -"E"), dated
January 27, 2026, on file in the Planning Division and incorporated by this reference, subject
to the conditions herein set forth.
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.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Minor Coastal Development Permit documents, as necessary to
make them internally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development different from this approval shall require an amendment to this approval.
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.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CDP 2025-0046 (DEV2023-0096) -363 CARLSBAD VILLAGE DRIVE
June 18, 2026
Pa e 4
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,
(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 24 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 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
City Planner, notifying all interested parties and successors in interest that the City of
Carlsbad has issued a Minor Coastal 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.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CDP 2025-0046 (DEV2023-0096} -363 CARLSBAD VILLAGE DRIVE
June 18, 2026
Pa e 5
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 proposed perimeter fencing shall not be erected within the "clear zone" as described
in the Village and Barrio Master Plan (Section 2.6.1 (A)(4)}, leaving a free line of site for the
adjacent driveway to the east, covering an area equal to an isosceles right triangle
measured 7.5 feet in both directions from the intersection of the easter property line and
the north property line. This clear zone shall not be occupied by any structures, fencing, or
site features, or landscaping that is taller than 30 inches.
12. The fencing installed on site shall be the same style, material, and color as the perimeter
fencing installed at the property located on the southwest corner of Carlsbad Village Drive
and Washington Street. No other fencing shall be installed on the property without the
approval of an amendment to this Coastal Development Permit, under a separate Coastal
Development Permit, or other approved entitlement.
13. This Coastal Development Permit does not approve any new uses on the project site.
Approval of a separate Coastal Development Permit shall be required for any
"development" of the property, as defined in Carlsbad Municipal Code Section 21.04.107,
or to establish any new use on the site, including storage of vehicles, storage of materials,
or any temporary use.
14. The fence installed on site shall include a gate or other means of entrance to allow for
upkeep and maintenance of the vacant property.
15. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer for
the proposed haul route.
Engineering
16. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP
Tier Level and Construction Threat Level Form pursuant to City Engineering Standards.
Developer shall also submit the appropriate Tier level Storm Water Compliance form and
appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) to the satisfaction of
the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees
per the city's latest fee schedule.
Community Development Department
Planning Division / 1635 Faraday Avenue / Carlsbad, CA 92008-7314 / 442-339-2600
CDP 2025-0046 (DEV2023-0096) -363 CARLSBAD VILLAGE DRIVE
June 18, 2026
Pa e 6
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from the 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.
This decision may be appealed by you or any other member of the public to the Planning
Commission within ten days of the date of this letter. Appeals must be submitted in writing to
the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $952.00. 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. If you have any questions
regarding this matter, please feel free to contact Kyle Van Leeuwen at (442) 339-2611.
Sincerely,
~~
Eric Lardy, AICP
Assistant Director of Community Development
EL:KVL:cf
c: Shannon Lee, P.O. Box 3383, Rancho Santa Fe, CA 92067
Mathew Hall, 2948 Wintergreen Drive, Carlsbad, CA 92008
Nicole Fine
Data Entry
Exhibits:
1. Traffic Engineering Memo, May 21, 2026
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
Memorandum
May 21, 2026
To: Kyle Van Leeuwen, Project Planner
From: John Kim, City Traffic Engineer
Via: Tom Frank, Transportation Director/City Engineer
Re: 363 Carlsbad Village Drive
{city of
Carlsbad
This memorandum provides a brief summary of the sight distance assessment conducted by the
Traffic Engineering team at the existing alley adjacent to 363 Carlsbad Village Drive.
Staff have completed their review of the project related to the proposed fence for the property at
363 Carlsbad Village Drive and have determined that sufficient sight distance is provided for the
existing alley adjacent to the property with the proposed fence consisting of an isosceles right
triangle of clear zone measuring 7.5' on each side per the Village and Barrio Master Plan. The
minimum stopping sight distance required for Carlsbad Village Drive, with a posted speed limit of
25 mph, is 150' per Caltrans Highway Design Manual as referenced in the City's Engineering
Standards. As shown in Attachment A, sufficient stopping sight distance would be available for the
existing alley with the proposed fence at 363 Carlsbad Village Drive, measuring 15' back from the
edge of traveled way.
Traffic Engineering team has no other comments on this proposed fence at 363 Carlsbad Village
Drive.
Please reach out if you have any questions.
Attachment: A. Stopping Sight Distance at Existing Alley by 363 Carlsbad Village Drive
Public Works
Transportation Department
1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2730 t
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