HomeMy WebLinkAboutCDP 2024-0037; 5370 EL ARBOL ADU; Admin Decision LetterJune 19, 2025
Jeff Parshalle
P.O . Box 230132
Encinitas, CA 92023
MINOR COASTAL DEVELOPMENT PERMIT
NOTICE OF DECISION
SUBJECT: CDP 2024-0037 (DEV2024-0099) -5370 EL ARBOL ADU
{city of
Carlsbad
The city has completed a review of the application for a Minor Coastal Development Permit for the
construction of a 650-square-foot accessory dwelling unit (ADU) on the second floor of an existing one-
story 1,800 single-family residence with an attached two-car garage located at 5370 El Arbol Drive (APN
210-113-05-00). Including the ADU , the proposed height of the single-family residence will be 20 feet 4
inches. A separate Minor Coastal Development has been submitted for the project site for an addition to
the first floor of the existing single-family dwelling onsite (CDP 2024-0038). The approximately 0.17-acre
project site is located within the appealable area of the California Coastal Commission.
It is the City Planner's determination that the project CDP 2024-0037 (DEV2024-0099)-5370 EL ARBOL
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 ADU is not located on property adjacent to the shore and no coastal
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 although the
property is adjacent to a body of water ("Cannon Lake") and the rear yard and a portion of the
house are located within the 100-foot-wide wetland buffer, the entire property is disturbed and
developed with a single-family residence and attached two-car garage that will remain. Pursuant to
the biological assessment (Blue Consulting Group, April 2025), the new construction will not impact
the current buffer function or value. In addition, the 235-square-foot addition to the existing home
will not impact steep slopes or mature vegetation.
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 du/ac and is zoned R-1, One-Family Residential, which allows for residential
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CDP 2024-0037 (DEV2024-0099) -5370 EL ARBOL ADU
June 19, 2025
Pa e 2
development including a single-family-dwelling. The project proposes a 235-square-foot addition
to the rear of an existing one-story single-family residence. The proposed one-story addition is
consistent with the surrounding residential development, which consists of a mixture of one and
two-story residential structures. 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. Although the construction will occur
within the 100-foot-wide wetland buffer, the entire property is developed, and the addition will not
impact the current buffer function. Furthermore, the area of the addition is not located in an area
of known geologic instability or flood hazards.
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 attached
two-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. Although the construction
will occur within the 100-foot wetland buffer, the entire property is developed, and the
construction will not impact the current buffer function.
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 21.201.080(8) 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.
Conditions:
1. The City Planner does hereby APPROVE the Minor Coastal Development Permit, CDP 2024-0037, for
the project entitled 5370 EL ARBOL ADU (Exhibits "A" -"E"), dated June 19 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.
Community Development Department
Planning Division [ 1635 Fa raday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CDP 2024-0037 (DEV2024-0099) -5370 EL ARBOL ADU
June 19, 2025
Pa e 3
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
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 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.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CDP 2024-0037 (DEV2024-0099) -5370 EL ARBOL ADU
June 19, 2025
Pa e 4
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.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CDP 2024-0037 (DEV2024-0099) -5370 EL ARBOL ADU
June 19, 2025
Pa e 5
NOTICE
The project site is within the appealable area of the California Coastal Commission. This Minor Coastal
Development Permit (CDP) shall not become effective until ten (10) working 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 time 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 offinal 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.
If you have any questions regarding this matter, please feel free to contact Mackenzie VanZyverden at
{442) 339-5301 or by email at Mackenzie.Vanzyverden@carlsbadca .gov.
CITY OF CARLSBAD
ERIC LARDY, AICP
City Planner
EL:MV:CF
cc: Amy Shipley and Brian Mitchell, 5370 El Arbol Drive, Carlsbad, CA 92008
David Rick, Project Engineer
Laserfiche/File Copy
Data Entry
Comm unity Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600