HomeMy WebLinkAbout2026-07-01; Planning Commission; Resolution 7580
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CEQA EXEMPTION
DETERMINATION, COASTAL DEVELOPMENT PERMIT, AND
NONCONFORMING CONSTRUCTION PERMIT TO ALLOW THE ADDITION
OF 2,790 SQUARE FEET OF LIVING AREA TO AN EXISTING
NONCONFORMING SINGLE-FAMILY RESIDENCE, WITH A SECOND STORY
DECK AND COVERED PATIOS ON A 0.312-ACRE LOT LOCATED AT 3995
HIBISCUS CIR. WITHIN THE MELLO II SEGMENT OF THE COASTAL ZONE
AND LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: HIBISCUS RESIDENCE
CASE NO: CDP 2025-0039 / NCP 2025-0005 (DEV2025-0093)
WHEREAS, Renee Conquereau, “Developer,” has filed a verified application with the City of
Carlsbad regarding property described as
LOT 9 OF BALI HAI TERRACE, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO.
4751, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, APRIL 21, 1981.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal Development Permit and
Nonconforming Construction Permit as shown in Exhibit 7 to the July 1, 2026, Planning Commission staff
report, CDP 2025-0039 / NCP 2025-0005 (DEV2025-0093), Hibiscus Residence (“Project”) on file in the
Carlsbad Planning Division as provided in sections 21.201.030 and 21.48.050 of the Carlsbad Municipal
Code; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA, Public Resources Code
section 21000 et. seq.) and its implementing regulations (the State CEQA Guidelines), Title 14 of the
California Code of Regulations section 15000 et. seq., the city is the Lead Agency for the project, as
the public agency with the principal responsibility for approving the proposed project; and
WHEREAS, the Planning Commission did, on July 1, 2026, hold a duly noticed public hearing as
prescribed by law to consider said request; and
PLANNING COMMISSION RESOLUTION NO. 7580
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WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all persons desiring to be heard, said Commission considered all factors relating to the Coastal
Development Permit and Nonconforming Construction Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad,
as follows:
A) That the above recitations are true and correct.
B) Compliance with CEQA. The proposed action for the remodel and 1,302-square-foot
addition to an existing nonconforming single-family residence on an existing 0.312-acre lot is
categorically exempt from environmental review under CEQA Guidelines Section
15301(e) -Existing Facilities. Section 15301(e) exempts additions to existing structures
provided that the addition will not result in as increase of more than 10,000 square feet. The
Project, which is located on a residentially zoned property (One-family Residential (R-1) Zone),
is surrounded by similarly developed residential. No exceptions to the categorical exemption
as set forth in CEQA Guidelines Section 15300.2 or Carlsbad Municipal Code Section
19.04.070(C) apply. The notice of exemption will be filed with the Recorder/County Clerk
within five days after project approval by the decision-making body.
C) That based on the evidence presented at the public hearing, the Commission APPROVES CDP
2025-0039/NCP 2025-0005 – HIBISCUS RESIDENCE, based on the following findings and
subject to the following conditions:
Findings:
Coastal Development Permit
Unless specifically stated in the condition, all the following conditions must be met prior to approval of a
building or grading permit, whichever occurs first.
1. That the proposed development is in conformance with the Certified Local Coastal Program
(Mello II Segment) and all applicable policies in that the site has an existing single-family
residence and is designated for residential development, and the project proposes the
construction of an addition to the existing single-family residence with additional bedroom and
living space. The development is consistent with the LCP Mello II R-4 land use designation. The
project provides erosion control measures that protect down slope coastal resources. No
agricultural activities, geological instability, flood hazard, or coastal access opportunities exist
onsite, and the development 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.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the property is not located adjacent to the coastal shores; therefore, it will
not interfere with the public’s right to physical access or water-oriented recreational activities.
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3. 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
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.
Nonconforming Construction Permit
4. 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 property is
already developed with a single-family home and is surrounded by single-family residences. In
addition, the proposed project improvements comply with all current planning, building, and
engineering standards.
5. 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 CMC Chapter
21.48 in that the new first and second story additions comply with current front, side and rear
yard setback requirements and all other development standards such as building height and lot
coverage. The project is consistent with the parking requirements in that a two-car garage will
remain with the project.
6. The expansion/replacement structure shall comply with all current fire protection and building
codes and regulations contained in CMC Titles 17 and 18 in that a building permit, issued by the
City of Carlsbad, is required for the project and the building plans will be reviewed for
consistency with applicable fire protection and building codes prior to issuance. Furthermore,
the project will undergo standard building inspection procedures during the construction of the
addition.
7. The expansion/replacement 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 proposed addition and remodel will upgrade the exterior
appearance of the existing single-family home. Furthermore, the project’s second story
expansion is consistent with other existing and approved two-story homes in the area.
General
8. The Planning Commission finds that the project, as conditioned herein, is in conformance with the
Elements of the City’s General Plan, in that, the General Plan Land Use designation for the
property is R-4, Residential. The R-4, Residential Land Use designation allows for the
development of single-family residences at a density of 0 to 4 dwelling units per acre. The
project proposes the construction of a 2,790-square-foot addition to a single-family residence.
Therefore, the proposed single-family residence is consistent with the Elements of the city’s
General Plan.
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4. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local Facilities
Management Plan for Zone 1 and all city public policies and ordinances. The project includes
elements or has been conditioned to construct or provide funding to ensure that all facilities and
improvements regarding sewer collection and treatment; water; drainage; circulation; fire;
schools; parks and other recreational facilities; libraries; government administrative facilities; and
open space, related to the project will be installed to serve new development prior to or
concurrent with need. Specifically,
a. The project has been conditioned to provide proof from the Carlsbad Unified School District
that the project has satisfied its obligation for school facilities.
b. The Public Facility Fee is required to be paid by Council Policy No. 17 and will be collected
prior to the issuance of building permit.
5. The Planning Commission 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 issuance of a grading
permit or building permit, whichever occurs first. All references to the “Site Plan” reference the
project plans dated February 10, 2026, attached as Exhibit 7 of the Planning Commission Staff
Report dated July 1, 2026.
1. 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 Coastal Development Permit
and Nonconforming Construction Permit.
2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Coastal Development Permit 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.
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
4. 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,
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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.
5. 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 Coastal Development Permit 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.
6. Prior to submitting the building plans, improvement plans, grading plans, or final map, whichever
occurs first, developer shall submit to the City Planner a 24" x 36" copy of the site plan or other,
conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final
decision-making body. The copy shall be submitted to the City Planner, reviewed and, if found
acceptable, signed by the city's project planner and project engineer. If no changes were required,
the approved exhibits shall fulfill this condition.
8. 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.
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. This approval shall become null and void if building permits are not issued for this project and
substantial work has been performed with at least one major inspection (foundation, underfloor,
frame, or final) conducted by the city within 36 months of project approval.
11. 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.
12. Developer shall submit to the city a Notice of Restriction executed by the owner of the real
property to be developed. Said notice is 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(n) Coastal Development Permit 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
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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.
13. Prior to issuance of grading and building permits, Developer shall list the following condition on
all grading and 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.
14. Plans submitted for grading and building permits shall show the existing location of water meter
and sewer lateral, and clearly show or state if the existing water service/meter and sewer lateral
will remain or be modified.
15. The fence proposed within the front yard area, parallel to the street frontage, shall be installed in
such a manner as to allow for quick and easy access to the six-foot drainage easement. This may
be achieved by installing a gate and hinge on this section of fence or in another manner to the
satisfaction of the Land Development Engineering division.
16. Approval is granted for CDP 2025-0039/NCP 2025-0005 as shown on Exhibits “A” – “0”, dated
February 10, 2025, on file in the Planning Division and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these conditions.
Engineering Conditions
General
17. 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
Fees/Agreements
18. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for
recordation, an Encroachment Agreement covering private roof eaves located over existing public
right-of-way or easements as shown on the site plan. developer shall pay processing fees per the
city’s latest fee schedule.
19. Developer shall cause property owner to enter into a Neighborhood Improvement Agreement
with the city on a city standard form for the future public improvement of Hibiscus Circle along
the property frontage for a half street width of 25 feet. Public improvements shall include but are
not limited to: paving, base, sidewalks, grading, clearing and grubbing, undergrounding or
relocation of utilities, sewer, water, fire hydrants, streetlights.
Storm Water Quality
20. 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,
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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.
21. 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.
22. Developer is responsible for ensuring that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control
BMP and applicable hydromodification measures.
Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
1. If fire sprinklers are required for the project, the existing water service shall be replaced or
modified to conform to current standards including Carlsbad Engineering Standards (CES), Volume
2, Section 3.3.11. This is Includes:
D. Existing 1” and 2” water services that are to be extended in length shall be removed and
replaced from the water main to the meter unless otherwise approved by the district.
E. A water service or meter shall not be placed within any sidewalk or driveway area. Any non-
conforming installations shall be removed completely and reinstalled in an approved location
at the expense of the property owner.
I. Residential fire flow meters, as required by the Fire Marshal, shall be installed in accordance
with the CMWD Standard Drawing for domestic water service connection with fire sprinkler
system.
2. If a new sewer lateral is proposed or required, the sewer lateral shall be replaced or modified to
conform to current Carlsbad Engineering standards (CES, Volume 1, Chapter 6, Section 6.3 Sewer
Laterals).
3. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the
City of Carlsbad Municipal Code to the satisfaction of the City Engineer.
4. Developer shall pay traffic impact and sewer impact fees based on Chapter 18.42 and Chapter
13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor
area contained in the staff report and shown on the (SITE PLAN/TENTATIVE MAP) are for planning
purposes only.
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NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning Commission’s
decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in
writing and state the reason(s) for the appeal. The City Council must make a determination on the appeal
prior to any judicial review.
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 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.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City
of Carlsbad, California, held on July 1, 2026, by the following vote, to wit:
AYES: Hubinger, Merz, Fitzgerald, Burrows, Foster
NAYES: None.
ABSENT: Lafferty, Meenes
ABSTAIN: None.
NICHOLAS FOSTER, Vice Chairperson
Carlsbad Planning Commission
ATTEST:
MICHAEL STRONG,
Director of Community Development
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