HomeMy WebLinkAbout2026-07-01; Planning Commission; Resolution 7581
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CEQA EXEMPTION
DETERMINATION, MINOR SITE DEVELOPMENT PLAN AND COASTAL
DEVELOPMENT PERMIT FOR A 377-SQUARE-FOOT SECOND STORY
ADDITION WITH A MAXIMUM HEIGHT OF 27 FEET, AND A 434-SQUARE-
FOOT FIRST FLOOR ADDITION TO UNIT 3462 OF AN EXISTING 1,628-
SQUARE-FOOT DUPLEX INCLUDING WIDENING THE DRIVEWAY TO ADD
ONE VISITOR PARKING SPACE AND CONSTRUCTING A DETACHED 436-
SQUARE-FOOT STORAGE SHED WITH A HEIGHT OF 13 FEET ON AN
APPROXIMATELY 0.18-ACRE LOT, LOCATED AT 3640-3642 GARFIELD
STREET WITHIN THE MELLO II SEGMENT OF THE CITY’S LOCAL COASTAL
PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1
CASE NAME: VANDERWEIT ADDITION & REMODEL
CASE NO: SDP 2025-0011 / CDP 2025-0020 / (DEV2025-0007)
WHEREAS, Henry VanderWeit, “Developer/Owner,” has filed a verified application with the City
of Carlsbad regarding property described as
THE SOUTHEASTERLY 26 FEET OF LOT 9 AND ALL OF LOT 10, BLOCK “P”
OF PALISADES, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1747, FILED
IN THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEB. 5, 1923.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Minor Site Development Plan and
Coastal Development Permit as shown on Exhibit(s) “A” – “I” dated July 1, 2026, on file in the Carlsbad
Planning Division, SDP 2025-0011/CDP 2025-0020 (DEV2025-0007) – VANDERWEIT ADDITION &
REMODEL, as provided in Chapters 21.06, 21.16, 21.82, 21.201 and 21.203 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), Article 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;
PLANNING COMMISSION RESOLUTION NO.7581
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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 Minor Site
Development Plan and Coastal Development 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 is to add a 377-square-foot second story,
reaching a height of 27 feet, and a 434-square-foot first-floor addition to Unit 3462 of an
existing 1,628-square-foot duplex. The project also includes widening the driveway to add one
visitor parking space and constructing a detached 436-square-foot storage shed with a height
of 13 feet on an existing developed 0.18-acre lot. The project is categorically exempt from
environmental review under CEQA Guidelines Section 15303, New Construction or
Conversion of Small Structures, allowing for the addition to the duplex and the construction
of accessory structures such as the proposed storage shed.
The project development consists of a remodel and addition to an existing duplex and
proposed storage shed, all of which are located on a residentially zoned property (Multiple-
Family Residential (R-3) Zone) surrounded by similarly developed residential land uses. 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. Specifically, the duplex was built
in 1948. Pursuant to the results of 3460-62 Garfield Street – Historical Analysis Report
(PanGIS, November 11, 2025), the duplex is not listed or eligible to be listed in any national,
state, or local landmark or historic district programs. Therefore, none of the Class 1 exclusions
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 Planning Commission
APPROVES the project referred to as SDP 2025-0011/CDP 2025-0020 (DEV2025-0007) –
VANDERWEIT ADDITION & REMODEL, based on the following findings and subject to the
following conditions:
Findings:
Minor Site Development Plan (SDP 2025-0011)
1. That the proposed development or use is consistent with the General Plan and any applicable
master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the
Carlsbad Municipal Code, and all other applicable provisions of this code in that the proposed
remodel and addition to an existing duplex and the addition of a detached shed in the rear yard
are consistent with the requirements of the Beach Area Overlay Zone and all other development
standards in Title 21, including height, parking and setbacks, and lot coverage. In addition, the
project is consistent with all the applicable elements of the General Plan.
2. 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
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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 a remodel and additions to an existing duplex and a new detached
accessory structure on a 0.18-acre lot located at 3460 and 3462 Garfield St. The site is
surrounded by a mix of existing single-family, duplex, and multiple-family residential
developments. 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
remodel will not be detrimental to existing uses or to uses specifically permitted in the area in
which the use is located, in that the proposed duplex, is a permitted use within the Multiple-
Family Residential (R-3) Zone and is compatible with the other residential uses surrounding the
project site, including single-family, duplex, and multi-family residential buildings. The
proposed remodel to the existing duplex will not adversely impact the site, surroundings, or
traffic circulation, as the project will not generate any additional average daily trips. The project
complies with all minimum development standards of the Carlsbad Municipal Code, including
but not limited to the R-3 Zone and the Beach Area Overlay Zone.
3. That the site for the intended development or use is adequate in size and shape to accommodate
the use, in that as demonstrated in the project staff report, the remodel and additions to the
duplex comply with all development standards (i.e. front, side and rear setbacks, lot coverage,
parking, and height restrictions) of the Multiple-Family Residential (R-3) Zone and the Beach
Area Overlay Zone.
4. That all 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 as demonstrated in the project staff
report, the duplex remodel and additions comply with all applicable development standards
(i.e. setbacks, lot coverage, parking, and height restrictions) of the Multiple-Family Residential
(R-3) Zone and the Beach Area Overlay Zone (BAOZ). The curb, gutter, and sidewalk at the
project frontage on Garfield Street will be maintained.
5. That the street systems serving the proposed development or use is adequate to properly handle
all traffic generated by the proposed use, in that the duplex remodel and additions will not
generate additional traffic since no additional units are proposed.
6. That the proposed development or use meets all other specific additional findings as required by
Title 21 and as detailed in the subject Resolution.
Coastal Development Permit (CDP2025-0020)
7. That the proposed development is in conformance with the Certified Local Coastal Program
(Mello II Segment) and all applicable policies, in that the site is designated R-23 in the Mello II
Segment of the Local Coastal Program and the remodel to the duplex is consistent with the R-
23 designation. The project proposes ground floor and second story additions to an existing
duplex and a new detached accessory structure in the rear yard. No agricultural activities,
sensitive resources, geological instability, flood hazard or coastal access opportunities exist
onsite. Given that the project is in a residentially zoned neighborhood where most dwellings
are one- and two-story structures, the addition of a second story to the existing duplex will not
obstruct views of the coastline as seen from public lands or public right-of-way, nor otherwise
damage the visual beauty of the Coastal Zone.
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8. 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 coastal shores; therefore, it will not
interfere with the public’s right to physical access or water-oriented recreational activities.
9. 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.
General
10. 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 proposed project entails a remodel to an existing
duplex on a site that is legal nonconforming with respect to density. The General Plan Land Use
designation for the property is R-23, Residential 19-23 du/acre. The existing density is 10 du/ac.
To comply with the minimum density of 19 du/ac, two additional units would need to be
constructed. Pursuant to Land Use Element Policy 2-P.7(C), when a legal lot is developed with
one or more residential units that existed as of Oct. 28, 2004, the existing units are to remain
and it is not feasible to construct the number of additional units needed to meet the minimum
density without requiring the removal of the existing units, the project is consistent with the R-
23 General Plan Land Use designation. The existing duplex was constructed in 1948 on a lot
that was created in 1923 (Lot 10 of Map No. 1747, Feb. 5, 1923). As the duplex meets the above-
noted criteria, the project is consistent with R-23 General Plan Land Use designation.
11. 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 a building permit.
12. That the project is consistent with the city’s Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50) in that a landscape plan is not required.
13. 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.
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Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of the building
permit.
Planning Division:
1. Approval is granted for SDP 2025-0011 / CDP 2025-0020 (DEV2025-0007) – VANDERWEIT
ADDITION & REMODEL as shown on Exhibits “A” – “I” dated July 1, 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 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 Site Development Plan
and Coastal Development Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Minor Site Development Plan and 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. 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 Site Development Plan and 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. 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,
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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 24 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. Prior to issuance of the Building Permit, 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) Minor Site
Development Plan and 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.
13. 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.
14. Within 30 days of discretionary approval, Developer shall remove early public notice signage
from the project site.
15. Any unpermitted structures or uses must either be removed or legalized before occupancy. It
shall be the responsibility of the property owner to prove to the City Planner that the existing
120-square-foot detached accessory structure, shown on the approved site plan, is legal non-
conforming or it must be removed or relocated to comply with zoning and building codes. A
Certificate of Occupancy will not be issued until the detached accessory structure meets all
applicable building codes, zoning laws, and safety regulations.
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Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
16. 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.
17. Prior to issuance of a building permit, Developer shall pay a Public Facility fee as required by
Council Policy No. 17.
18. Prior to the issuance of a building permit, Developer shall pay the Local Facilities Management
fee for Zone 1 as required by Carlsbad Municipal Code Section 21.90.050.
19. 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.
20. 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 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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