HomeMy WebLinkAboutCDP 2017-0064; SLOWIK ADU; Admin Decision LetterFebruary 6, 2019
Caroline Dooley Architects
550 Laguna Drive #A
Carlsbad, CA 92008
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8FILE COPY
MINOR COASTAL DEVELOPMENT PERMIT
NOTICE OF DECISION
RE: CDP 2017-0064 (DEV2017-0216) -SLOWIK ADU
Ccicyof
Carlsbad
The city has completed a review of the application for a Minor Coastal Development Permit for the
development of a detached 1,200-square-foot one-story Accessory Dwelling Unit (ADU) located at 3960
Sunnyhill Drive (APN: 207-064-02-00).
It is the city planner's determination that the project CDP 2017-0064 (DEV2017-0216)-SLOWIK 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 total cost of the proposed development is less than $60,000.
2. That the proposed development requires no discretionary approvals other than a Minor Coastal
Development Permit.
3. That the development is in conformity with the public access and public recreation policies of
Chapter 3 of the Coastal Act, in that no opportunities for coastal access are available from the
subject site, nor are public recreation areas required of the project because the project is not
located adjacent to the shore.
4. The proposed development will have no adverse effect on coastal resources, in that the location
of the property is not immediately adjacent to any body of water and the lot is already disturbed
and developed with a single-family home.
5. That the proposed development is in conformance with the Certified Local Coastal Program and
all applicable policies in that the site is designated for residential uses in that the site is designated
R-4 Residential which allows for residential development including a single-family home and an
ADU. The development request is to construct a detached 1,200-square foot ADU on the site.
The proposed one-story ADU 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.
Community & Economic Development
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov
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6. 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 significant 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.
7. 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 21.201.0BO(B) and (C) of the
Carlsbad Coastal Development Regulations.
8. That the City Planner has determined that the project is exempt from the requirements of the
California Environmental Quality Act {CEQA) per Section 15303-New Construction or Conversion
of Small Structures of the State CEQA Guidelines and will not have any adverse significant impact
on the environment.
9. The City Planner 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.
Conditions:
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of
this proposed development, must be met prior to approval of a building or grading permit,
whichever occurs first.
Planning:
1. The City Planner does hereby APPROVES the Minor Coastal Development Permit, CDP 2017-0064,
for the project entitled SLOWIK ADU (Exhibits "A" -"J"), dated February 6, 2019, on file in the
Planning Division and incorporated by this reference, subject to the conditions herein set forth.
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
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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, the
License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and CFD
#1 special tax (if applicable), 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 Accessory Dwelling Unit 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. 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.
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Engineering:
General
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. 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.
13. Developer shall apply for and complete the processing of a certificate of compliance for lot
legality purposes to the satisfaction of the city engineer. Developer shall pay processing fees
per the city's latest fee schedule.
Fees/ Agreements
14. 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.
15. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
Grading
16. Based upon a review of the proposed grading and the grading quantities shown on the site plan,
a minor 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.
17. This project may require off site grading. No grading for private improvements 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
18. 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
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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.
19. Developer shall compete 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.
20. 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.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
21. Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance a·nd all other applicable city ordinances in effect at time of building permit issuance,
except as otherwise specifically provided herein.
22. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 17.04.060.
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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.
If you have any questions regarding this matter, please feel free to contact Chris Garcia at 760-602-4622
or by email at chris.garcia@carlsbadca.gov.
CITY OF CARLSBAD
TERI DELCAMP
Principal Planner
TD:CG:
c: Sharon Slowik, 3960 Sunnyhill Drive, Carlsbad, CA 92008
Kyrenne Chua, Project Engineer
California Coastal Commission (NoFA)
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