HomeMy WebLinkAboutCDP 2017-0044; THOMPSON GEESBREGHT ADU; Admin Decision Letterpii C CarlsbadMINOR COASTAL DEVELOPMENT PERMIT
NOTICE OF DEaSION
March 5, 2018
Caroline Dooley, Architect
Suite C
2979 State Street
Carlsbad, CA 92008
RE: CDP 2017-0044 (DEV2017-0142) - THOMPSON GEESBREGHT ADU
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 Accessory Dwelling Unit (ADU) located at 4056 Skyline Road
(APN 207-073-10-00).
It Is the City Planner's determination that the project CDP 2017-0044 - THOMPSON GEESBREGHT 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 consists of the construction of a detached 1,200-square foot ADU
located at the rear portion of the site. The proposed one-story, 14-foot-tall 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 1 1635 Faraday Avenue Carlsbad, CA 92008-73141 760-602-46001 760-602-8560 f | www.carlsbadca.gov
CDP 2017-0044 (DEV2017-0142) -THOMPSON GEESBREGHT ADU
March 5, 2018
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6. The project is consistent with the provisions of the Coastal Resource Protection^Ovejiia| ZbTfS
(Chapter 21.203 of the Zoning Ordinance) in that the project will adhere td-the'city's MastCT
Drainage Plan, Grading Ordinance, Storm Water Ordinance, Carlsbad BMP Design Manual and
Jurlsdictlonal Urban Runoff Management Program (JURMP) to avoid increased urban runoff,
pollutants, and soil erosion. No undevelopable steep slopes or native vegetation is located on
the subject property and the previously developed 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 21.201.080(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 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 irrthis
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 APPROVE the Minor Coastal Development Permit, CDP 2017-0044,
for the project entitled THOMPSON GEESBREGHT ADU, (Exhibits "A" - "D"), dated March 5,2018,
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 overtime, 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.
CDP 2017-0044 {DEV2017-0142) - THOMPSON GEESBREGHT ADU
March 5, 2018
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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
3, 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. 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.
CDP 2017-0044 (DEV2017-0142) - THOMPSON GEESBREGHT ADU
March 5, 2018
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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.
Fees/Agreements
13. 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.
14. 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
15. Based upon a review of the proposed grading and the grading quantities shown on the site plan,
a 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 cit/s latest fee schedule.
Storm Water Quality
16. 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
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.
17. Developer shall complete 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.
18. 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.
CDP 2017-0044 (DEV2017-0142)-THOMPSON GEESBREGHTADU
March 5, 2018
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Code Reminders
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
19. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the
City of Carlsbad Municipal Code to the satisfaction of the city engineer.
20. Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and ali other applicable city ordinances in effect at time of building permit issuance,
except as otherwise specifically provided herein.
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 ^atute-
of limitations has previously otherwise expired.
If you have any questions regarding this matter, please feel free to contact Greg Fisher at (760) 602-4629
or by email at greg.fisher(aicarlsbadca.gov.
CITY OF CARLSBAD
TERI DELCAMP
Principal Planner
TD:GF:dh
c PrisdRa Geesbreght, 4056 Skyline Road, Carlsbad, CA 92008
Don Neu, City Planner
David Rick, Project Engineer
Caltfomla Coastal Commission (NoFA)
HPRM/FTle Copy
Data Entry