HomeMy WebLinkAboutCDP 2023-0005; MILLER RESIDENCE ADU; Admin Decision LetterJune 12, 2023
Jon Price
Spaces Renewed
1107 South Coast Highway
Oceanside, CA 92054
MINOR COASTAL DEVELOPMENT PERMIT
NOTICE OF DECISION
SUBJECT: CDP 2023-0005 (DEV2023-0019} -MILLER RESIDENCE ADU
C'cicyof
Carlsbad
B FILE COPY
The city has completed a review of the application for a Minor Coastal Development Permit for
the construction of a 480-square-foot, 12.26-foot-tall, detached one-bedroom accessory
dwelling unit (ADU) located to the rear of an existing single-family home at 5133 El Arbol Drive
(APN 210-160-05-00) within the non-appealable jurisdiction of the California Coastal
Commission.
It is the City Planner's determination that the project CDP 2023-0005 (DEV2023-0019) -MILLER
RESIDENCE 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 ADU 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 ADU is not located on property adjacent to a body of water, and the entire lot is
already disturbed and developed with a single-family home with attached two-car garage
and mature landscaping that will remain.
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 development including a single-family-dwelling and ADUs. The
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2600
project proposes the construction of a 480-square-foot detached ADU. The addition of the
ADU is consistent with the surrounding residential development, which consists primarily
of one-story residential structures. The proposed ADU is one story with a combination flat
and low-pitched roof, is more than the minimum separation of 10 feet from the primary
residence and is architecturally compatible with the existing residence. 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. 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. No habitat buffers or geologic stability
setbacks are required of the property.
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 21.201.0B0(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(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 2023-
0005, for the project entitled MILLER RESIDENCE ADU (Exhibits "A" -"F"), dated May 4,
2023, on file in the Planning Division and incorporated by this reference, subject to the
conditions herein set-forth;-Development shall oecufsubstafltially-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
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. 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 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 app'roval 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.
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 Edward Valenzuela at
(442) 339-2624 or by email at edward.valenzuela@carlsbadca.gov.
Sincerely,
~~
CLIFF JONES
Principal Planner
CJ:EV:TD:mh
c: Paul and Laura Miller, 5133 El Arbol Drive, Carlsbad CA, 92008
Linda Ontiveros, Project Engineer
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