HomeMy WebLinkAboutCDP 2023-0041; 4080 SUNNYHILL DRIVE ADU; Admin Decision LetterJanuary 22, 2025
Joe Barbano
2936 Camino Serbal
Carlsbad, CA 92009
MINOR COASTAL DEVELOPMENT PERMIT
NOTICE OF DECISION
SUBJECT: CDP 2023-0041 (DEV2023-0119) 4080 SUNNYHILL DRIVE ADU
{city of
Carlsbad
The city has completed a review of the application for a Minor Coastal Development Permit for the
development of a 1,198-square-foot accessory dwelling unit (ADU) located above a detached garaged in
the southeast portion of a single-family residential property at 4080 Sunnyhill Drive (APN 207-072-21-00).
It is the City Planner's determination that the project, CDP 2023-0041 (DEV2023-0119)-4080 SUNNYHILL
DRIVE 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 accessory dwelling unit above a detached garage 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
accessory dwelling unit above a detached garage is not located on property adjacent to a body of
water. The entire lot is already disturbed and developed with a single-family home with detached
garage that will be demolished and replaced with a new single-family residence and the detached
garage that the ADU will be located above.
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 site has a General Plan Land Use designation
of R-4, Residential (0-4 dwelling units per acre) and is zoned R-1-15000, One-Family Residential,
which allows for residential development including a single-family-dwelling and an accessory
dwelling unit (ADU). The project proposes the construction of a 1,198-square-foot detached ADU
above a proposed garage approved under coastal development permit CDP 2023-0040. The addition
of the ADU is consistent with the surrounding residential development, which consists primarily of
one-story and two-story residential structures. The proposed ADU will be located above a detached
garage that will be architecturally compatible with the recently approved single-family residence
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CDP 2023-0041 (DEV2023-0119) 4080 SUNNVHILL DRIVE ADU
January 22, 2025
Pa e 2
and detached garage. The proposed project will not obstruct views of the coastline as seen from
public lands or the public right-of-way, nor 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 proposed ADU is not located in an area of known geologic instability or
flood hazards.
5. 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 21.201.080(8) and (C) of the
Carlsbad Coastal Development Regulations.
6. 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.
Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to prior to approval of a
building or grading permit whichever occurs first.
1. The City Planner does hereby APPROVE the Minor Coastal Development Permit, CDP 2023-0041, for
the project entitled 4080 SUNNVHILL DRIVE ADU (Exhibits "A" -"AE"), dated January 22, 2025, 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
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
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CDP 2023-0041 (DEV2023-0119) 4080 SUNNYHILL DRIVE ADU
January 22, 2025
Pa e 3
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, i'ncluding 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 and the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030 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.
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 Municipal Code Section
17 .04.060. Prior to submittal for a building permit, Developer shall submit a request for addressing to
the Building Division.
Engineering Conditions:
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CDP 2023-0041 (DEV2023-0119) 4080 SUNNYHILL DRIVE ADU
January 22, 2025
Pa e 4
NOTE: Unless otherwise specified herein, all conditions below shall be satisfied prior to grading permit,
or building permit, whichever comes first; or pursuant to an approved construction schedule at the
discretion of the appropriate division manager or official.
General
13. 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.
14. 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.
15. Property owner shall maintain all landscaping (street trees, tree grates, shrubs, groundcover, etc.),
irrigation and drainage facilities along the parkway frontage with Sunnyhill Dr as shown on the Site
Plan.
Fees/ Agreements
16. Developer shall cause property owner to execute and submit to the city engineer for recordation, the
city's standard form Geologic Failure Hold Harmless Agreement.
17. Developer shall cause property owner to execute and submit to the city engineer for recordation the
city's standard form Drainage Hold Harmless Agreement.
18. 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 Sunnyhill Dr along the property
frontage for a half street width of 30-feet. Public improvements shall include but are not limited to
PAVING, BASE, SIDEWALKS, CURBS AND GUTTERS, GRADING, CLEARING AND GRUBBING,
UNDERGROUNDING OR RELOCATION OF UTILITIES, SEWER, WATER, FIRE HYDRANTS, STREET LIGHTS
AND RETAINING WALLS.
Grading
19. Based upon a review of the proposed grading and the grading quantities shown on the Site Plan, a
grading permit for this project is required. Developer shall prepare and submit plans and technical
studies/reports as required by city engineer, post security and pay all applicable grading plan review
and permit fees per the city's latest fee schedule.
20. Concurrent with the grading plans Developer shall include shoring plans as part of the grading plans
to the satisfaction of the city engineer and building official. Structural calculations for all shoring shall
be submitted for review and approval by the building division. Developer shall pay all deposits
necessary to cover any 3rd party review.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CDP 2023-0041 (DEV2023-0119) 4080 SUNNYHILL DRIVE ADU
January 22, 2025
Pa e 5
21. All previously constructed retaining walls (as shown on the interim condition) shall be certified, by
the engineer-of-work, to have been constructed in compliance with the appropriate San Diego
Regional Standards for Walls. The certification shall specifically address footing depth and size, soil
compaction and bearing, rebar placement and concrete specifications.
22. This project requires off site grading and demolition. No grading or demolition shall occur outside the
project unless developer obtains, records, and submits a recorded copy, to the city engineer, a
temporary grading, construction or slope easement or agreement from the owners of the affected
properties. If developer is unable to obtain the temporary grading or slope easement, or agreement,
no grading permit will be issued. In that case developer must either apply for and obtain an
amendment of this approval or modify the plans so grading will not occur outside the project and
apply for and obtain a finding of substantial conformance and/or consistency determination from
both the city engineer and city planner.
Storm Water Quality
23. 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, 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.
24. 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.
25. Developer is responsible to ensure 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.
26. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form.
Developer is responsible to ensure that all final design plans, grading plans, and building plans
incorporate applicable best management practices (BMPs). These BMPs include site design, source
control and Low Impact Design (LID) measures including, but not limited to, minimizing the use of
impervious area (paving), routing run-off from impervious area to pervious/landscape areas,
preventing illicit discharges into the storm drain and adding storm drain stenciling or signage all to
the satisfaction of the city engineer.
Dedications/Improvements
27. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a right-
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CDP 2023-0041 (DEV2023-0119) 4080 SUNNYHILL DRIVE ADU
January 22, 2025
Pa e 6
of-way permit to the satisfaction of the city engineer.
28. Developer shall design all proposed public improvements including but not limited to removal of
abandoned water main, a minimum of 2-feet (horizontal) of full replacement of asphalt and base
along the edge of the street frontage and grading of the right-of-way as shown on the site plan. These
improvements shall be shown on the grading plans.
Additional public improvements required in other conditions of this resolution are hereby included in
the above list by reference. Developer shall pay plan check and inspection fees using improvement
valuations in accordance with the city's current fee schedule. Developer shall apply for and obtain a
right-of-way permit prior to performing work in the city right-of-way.
29. Developer is responsible to ensure utility transformers or raised water backflow preventers that serve
this development are located outside the right-of-way. These facilities shall be constructed within the
property.
Utilities
30. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire
hydrant locations, building sprinklers) are required to serve the project
31. Developer shall install potable water and/or recycled water services and meters at locations approved
by the district engineer. The locations of said services shall be reflected on the grading plans.
32 . The developer shall agree to install sewer laterals and clean -outs at locations approved by the city
engineer. The locations of sewer laterals shall be reflected on the grading plans.
Fire Department Conditions:
33. NFA 13D Fire Sprinklers required throughout all structures.
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.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 44.2-339-2600
CDP 2023-0041 (DEV2023-0119) 4080 SUNNVHILL DRIVE ADU
January 22, 2025
Pa e 7
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: Owner: Cameron Rosenhan and Shannon Rosenhan, 4080 Sunnyhill Drive, Carlsbad, CA 92008
Jason Geldert, Project Engineer
Laserfiche/File Copy
Data Entry
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600