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HomeMy WebLinkAboutCDP 2021-0040; DIVINEY ADU; Admin Decision LetterSeptember 7, 2021 Nathan Diviney 5065 Ashberry Road Carlsbad, CA 92008 MINOR COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION RE: CDP 2021-0040 {DEV2021-0160) -DIVINEY ADU (°City of Carlsbad BFILE COPY lfl~i/4) 1 /10/21 The city has completed a review of the application for a Minor Coastal Development Permit for the conversion of a 238-square-foot detached one-car garage into a 238-square-foot detached accessory dwelling unit (ADU) located at 5065 Ashberry Road outside ofthe appealable jurisdiction of the California Coastal Commission. The property is currently developed with a single-family home, attached two-car garage, and a detached one-car garage. It is the City Planner's determination that the project, CDP 2021-0040-DIVINEY 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 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 accessory dwelling unit is located on property that is not adjacent to a body of water, and the entire lot is already disturbed and developed with a single-family home and mature landscaping. 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 is designated for residential uses and the project proposes to convert a 238-square-foot detached one-car garage into an accessory dwelling unit {ADU). The addition of the ADU is consistent with the surrounding residential development. 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. Community Development Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov CDP 2021-0040 (DEV2021-0160)-DIVINEY ADU September 7, 2021 Page 2 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 to an existing developed lot with a single-family residence 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. 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 21.201.0S0(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 -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 2021-0040, for the project entitled DIVINEY ADU {Exhibits "A" -"C"), dated September 7, 2021, 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 appr~val 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 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. CDP 2021-0040 (DEV2021-0160) -DIVINEY ADU September 7, 2021 Page 3 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. Fees are applicable to the extent allowable by state law for ADUs less than 750 square feet in size. 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 8, 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 shaff 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. CDP 2021-0040 (DEV2021-0160}-DIVINEY ADU September 7, 2021 Page 4 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 Esteban Danna at (760) 602- 4629 or by email at esteban.danna@carlsbadca.gov. CITY OF CARLSBAD CLIFF JONES Principal Planner CJ:ED:cf c: Don Neu, City Planner Allison Mclaughlin, Project Engineer HPRM/File Copy Data Entry