HomeMy WebLinkAboutCDP 2023-0055; 158 MAPLE ADU; Admin Decision LetterMarch 27, 2024
Tyler Van Stright
JLC Architecture
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MINOR COASTAL DEVELOPMENT PERMIT
NOTICE OF DECISION
3375 South Cedros Avenue, Suite J
Solana Beach, CA 92075
SUBJECT: CDP 2023-00SS (DEV2023-0139) -1S8 MAPLE ADU
C City of
Carlsbad
The City has completed a review of the application for a Minor Coastal Development Permit for the
construction of a one-story, three-bedroom, two-bath, 999-square-foot accessory dwelling unit (ADU)
attached to a detached one-car garage via a 45-square-foot storage/entry space located on a single-family
residential property at 158 Maple Avenue (APN 204-234-06-00) within the Appeals Jurisdiction of the
California Coastal Commission.
Jt ls the City Planner's determination that the project COP 2023-0055 (DEV2023-0139) -158 MAPLE ADU,
is consistent with the City's applicable Coastal Development Regulations {Chapters 21.201 -21.205) and
with all other applicable City ordinances and policies. The City Planner, therefore, APPROVES this request
based upon the following:
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 detached ADU is not located on 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 detached
ADU is not located on property adjacent to a body of water, and the entire lot is already disturbed
and developed with a single-family home, detached one-car garage, and mature landscaping that
will remain.
4. 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 project site is designated for residential use
and the project proposes the construction of a one-story, three-bedroom, two-bath, 999-square-
foot accessory dwelling unit (ADU} attached to a detached one-car garage via a 45-square-foot
storage/entry space, the development of which is consistent with the Mello II Land Use designation
of R-23. As the project is not adjacent to a beach or lagoon and is located east of the first public
road, it will not obstruct views of the coastline as seen from public lands or the public rights-of-way,
or otherwise damage the visual beauty of the Coastal Zone. Also, given that the site does not have
any frontage along the coastline, no public opportunities for coastal shoreline access or water-
oriented recreational activities are available. Furthermore, no agricultural uses exist on the site, nor
Community Development Department
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 j 442-339-2600 www.carlsbadca.gov
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CDP 2023-0055 (DEV2023-0139) -158 MAPLE ADU
March 27, 2024
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are there any known sensitive resources also located on the site. Lastly, the proposed ADU is not
located in an area of known geologic instability or flood hazard.
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 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. Limited
development is proposed on an existing developed lot with a single-family residence and detached
one-car garage located in an established neighborhood. 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 21.201.0SO(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 15303(a}-New Construction or Conversion
of Small Structures -of the State CEQA Guidelines and will not have any adverse significant impact
on the environment. More specifically, CEQA Section 15303(a) -New Construction or Conversion of
Small Structures, is a Class 3 exemption that includes the construction of an accessory dwelling unit
(ADU) in a residential zone. Consistent with the section, the project is proposing to construct a one-
story, three-bedroom, two-bath, 999-square-foot accessory dwelling unit {ADU) attached to a
detached one-car garage via a 45-square-foot storage/entry space on a residentially zoned
property. 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.
Conditions:
1. The City Planner does hereby APPROVE the Minor Coastal Development Permit, CDP 2023-0055, for
the project entitled 158 MAPLE ADU (Exhibits "A" -"Z"), dated March 27, 2024, on file in the Planning
Division and incorporated by this reference, subject to the conditions herein set forth. 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 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
CDP 2023-0055 (DEV2023-0139) -158 MAPLE ADU
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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, (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 approvaf.
8. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17 and the
License Tax on new construction imposed by Carlsbad Municipal Code Section S.09.030 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.
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.
CDP 2023-0055 (DEV2023-0139) -158 MAPLE ADU
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11. 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.
12. Premise identification (addresses) shall be provided consistent with Carlsbad Munlcipal Code Section
17.04.060. Prior to submittal for a building permit, Developer shall submit a request for addressing to
the Building Division.
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CDP 2023-0055 (DEV2023-0l39) -158 MAPLE ADU
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NOTICE
The project site is within the appealable area of the Ca!lfornia Coastal Commission. This Minor Coastal
Development Permit (CDP) shall not become effect"rve until ten {10) worklng 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 t'1me 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.
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 f1mely 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 spedfied 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 th'1s, 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 Edward Valenzuela at (442)
339-2624 or by email at edward.valenzuela@carlsbadca.gov.
Sincerely,
CLIFF JONES
Principal Planner
CJ:EV:CF
c: Austin and Rachel Petelski, 147 Maple Avenue, Carlsbad CA, 92008
Nichole Fine, Project Engineer
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