HomeMy WebLinkAboutCDP 2019-0034; BODINE ADU; Admin Decision LetterFebruary 11, 2020
Dana Adler
1008 Live Oak Park Road
Fallbrook, CA 92028
C
FILE
MINOR COASTAL DEVELOPMENT PERMIT
NOTICE OF DECISION
RE: CDP 2019-0034 (DEV2019-0239} -BODINE ADU
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("Cityof
Carlstiad
The city has completed a review of the application for a Minor Coastal Development Permit for the
conversion of a 400-square-foot detached garage to a 400-square-foot detached Accessory Dwelling Unit
(ADU) located at 525 Chinquapin Avenue within the appeal jurisdiction of the California Coastal
Commission. The project also proposes to build an attached 182-square-foot patio cover on the west side
and an attached 43-square-foot trellis on the north side of the structure.
It is the City Planner's determination that the project, CDP 2019-0034 (DEV2019-0239}-BODINE 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 ADU 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, detached garage, 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 an existing detached garage into an 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 Department
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov
CDP 2019-0034 (DEV2019-02~ -BODINE ADU
February 11, 2020
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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 residence located in a long-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 -New Construction of Conversion of
Small Structures of the State CEQA Guidelines and will not have any adverse significant impact on the
environment.
8. The City Planner has reviewed each of the exactions imposed on the Developer contained in this
approval letter, 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:
The City Planner does hereby APPROVE the Minor Coastal Development Permit, CDP 2019-0034, for
the project entitled BODINE ADU (Exhibits "A" -"D"), dated February 11, 2020, on file in the Planning
Division and incorporated by this reference, subject to the conditions herein set forth.
1. 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.
2. 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.
3. 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.
4. 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
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CDP 2019-0034 (DEV2019-0239) -BODINE ADU
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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.
5. 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.
6. 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.
7. 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 1, pursuant to
Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit.
8. 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.
9. 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.
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.
11. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section
17.04.060.
C CDP 2019-0034 (DEV2019-0239} -BODINE ADU 0
February 11, 2020
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NOTICE
The project site is within the appealable area of the California Coastal Commission. This Minor Coastal
Development Permit (CDP) ~hall not become effective until ten (10) working days have elapsed, without
a valid appeal being filed with the Coastal Commission, following the Coastal Commission's receipt of the
city's notice of the CDP issuance ("Notice of Final Action"). The filing of a valid appeal with the Coastal
Commission within such time limit shall stay the effective date of this CDP until such time as a final decision
on the appeal is reached by the Coastal Commission.
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
TERI DELCAMP
Principal Planner
TD:ED:mf
c: Debra Bodine, 525 Chinquapin Ave, Carlsbad, CA 92008
Don Neu, City Planner
Kyrenne Chua, Project Engineer
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