HomeMy WebLinkAboutCD 2023-0016; URBINO MINOR SUBDIVISION; Admin Decision LetterJanuary 29, 2024
Doug Logan
Rancho Coastal Engineering & Surveying
310 Via Vera Cruz, #205
San Marcos, CA 92078
Ccicyof
Carlsbad
8FILE COPY
SUBJECT: CD 2023-0016 (DEV2020-0263) -URBINO MINOR SUBDIVISION
The City Planner has completed a review of your application for a Consistency Determination, CD 2023-
0016, (APN: 207-120-40-00) which is a modification to CDP 2022-0013/MS 2022-0001, a Coastal
Development Permit and Minor Subdivision to subdivide one lot into two lots and associated pad grading
at 3997 Park Drive. CDP 2022-0013/MS 2022-0001 was approved by the City Planner on April 3, 2023.
After careful consideration of the request, the City Planner has determined that the request meets all of
the findings below and APPROVES this request. The proposed modifications include:
• Raise the building pad height two feet for Parcel 2 and add retaining walls ranging in height
from one to five feet adjacent to the side and rear property lines. No changes are proposed
to Parcel 1. Most of the new retaining walls do not exceed three feet in height. The five-foot-
tall retaining wall is proposed adjacent to Tamarack Avenue (street side) and allows for the
preservation of an existing tree.
In order for a Discretionary Permit Consistency Determination to be approved, all of the following findings
must be made:
1) No project condition, feature, facility, or amenity is changed or deleted that had been considered
essential to the project's design, quality, safety or function in that the two-foot increase in the
building pad height and the addition of retaining walls ranging in height from one to five feet
for Parcel 2 accommodate an area for a future detached accessory dwelling unit (ADU) and
allow for the retention of a large existing tree adjacent to Tamarack Avenue. In addition, the
grade for the driveway for Parcel 2 has been adjusted to comply with Fire Department
requirements.
2) The request represents an upgrade in overall design features and or materials and improves upon
the project's compatibility with the surrounding neighborhood in that the revisions to the building
pad for Parcel 2 allow for a future detached ADU, retention of an existing tree adjacent to
Tamarack Avenue and facilitate the construction of a driveway which complies with Fire
Department requirements.
3) The proposed revision does not change the density or boundary of the subject property in that no
additional lots are proposed, the lots sizes remain unchanged, and the lot lines are not proposed
to be adjusted.
4) The proposed revision does not involve the addition of a new land use not shown on the original
permit.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2600
CD 2023-0016 (DEV 2020-0263) -URBINO MINOR SUBDIVISION
January 29, 2024
Pa e 2
5) The proposed f£;.Vision does not rearrange the major land uses within the development in that the
\ . residential building pads are in the same location.
6) The proposed revision does not create changes of greater than ten percent provided that
compliance will be maintained with the applicable development standards of the Carlsbad
Municipal Code in that the retaining walls do not exceed six feet in height in the side and rear
yard setbacks.
7) The proposed change will not result in any significant environmental impact, and/or require
additional mitigation.
8) The proposed change would not result in any health, safety or welfare impacts.
9) There were not any major issues or controversies associated with the original project which would
be exacerbated with the proposed change.
10} The proposed change would not be readily discernable to the decision makers as being
substantially different from the project as originally approved in that the revisions to the building
pad for Parcel 2 are minor in nature. With exception to the improvements around the existing
tree adjacent to Tamarack Avenue, the improvements will be located to the rear and interior
side property lines.
Therefore, the City Planner has determined that the application qualifies for a consistency determination
with the approved permit and approves the changes to the project based on Planning Division
Administrative Policy No. 35.
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 $900. 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 to contact Shannon
Harker at (442) 339-2621.
CITY OF CARLSBAD
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ERIC LARDY
City Planner
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c: Art Urbino, 421 Tamarack Avenue, Carlsbad, CA 92008
Linda Ontiveros, Project Engineer
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