HomeMy WebLinkAboutCDP 2020-0046; DECHAMPLAIN ADU; Admin Decision LetterFebruary 24, 2021
Jonathan Webster
2445 Brant Street #511
San Diego, CA 92101
MINOR COASTAL DEVELOPMENT PERMIT
NOTICE OF DECISION
RE: CDP 2020-0046 (DEV2020-0272) -DECHAMPLAIN ADU
{'Cityof
Carlstiad
The city has completed a review of the application for a Minor Coastal Development Permit for the
development of a detached 850-square-foot Accessory Dwelling Unit (ADU) located to the rear of an
existing single-family home at 917 Orchid Way (APN: 214-366-06-00).
It is the City Planner's determination that the project CDP 2020-0046-DECHAMPLAIN 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 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 property is not
located adjacent to the shore.
2. The proposed development will have no adverse effect on coastal resources, in that the ADU is
located on property that is not adjacent to a body of water, the lot is already disturbed and
developed with a single-family home, and the detached ADU will not affect steep slopes or
mature vegetation.
3. 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
in that the site is designated R-4 Residential which allows for residential development including
a single-family home and an ADU. The development consists of a detached, 850-square-foot
ADU. The 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 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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CDP 2020-0046 (DEV2020-0272) -DECHAMPLAIN ADU
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4. 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 undevelopable steep slopes or native vegetation are proposed to be
.-' ,., disturbed 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.
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 21.201.0B0(B) 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-New Construction or Conversion
of Small Structures of the State CEQA Guidelines and will not have any adverse significant impact
on the environment.
7. 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:
1. The City Planner does hereby APPROVE the Minor Coastal Development Permit, CDP 2020-0046,
for the project entitled DECHAMPLAIN ADU (Exhibits "A" -"L"), dated February 24, 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 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.
CDP 2020-0046 (DEV2020-0272) -DECHAMPLAIN ADU
February 24, 2021
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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,ofrom 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
4, 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 sp·ecifically 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.
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CDP 2020-0046 (DEV2020-0272) -DECHAMPLAIN ADU
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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 refer.red 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
~~
DON NEU
City Planner
DN:CG:
c: Jeffrey & Carmem Dechamplain, 917 Orchid Way, Carlsbad, CA 92011
Don Neu, City Planner
Kyrenne Chua, Project Engineer
HPRM/File Copy
Data Entry