HomeMy WebLinkAboutCDP 2022-0020; CARRILLO ACCESSORY DWELLING UNIT; Admin Decision LetterFebruary 21, 2023
Luis Calderon
~12 Sea Wind Ct.
Carlsbad, CA 92011
MINOR COASTAL DEVELOPMENT PERMIT
NOTICE OF DECISION
RE: CDP 2022-0020 (DEV02026) -CARRILLO ACCESSORY DWELLING UNIT
Ccityof
Carlsbad
BFILE COPY
The city has completed a review of the application for a Minor Coastal Development Permit to construct
a 11'-8"-tall, 749-square-foot, two-bedroom detached accessory dwelling unit (ADU) at 2642 Jefferson
Street (APN 155-271-19-00). The property is currently developed with a single-family residence and
detached garage with a recreation room on the second floor. The property is located in the non-
appealable area of the California Coastal Commission.
It is the City Planner's determination that the project CDP 2022-0020 (DEV02026)-CARRILLO ACCESSORY
DWELLING UNIT, 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 a 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 a property 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 Melo II Segment of the Certified Local
Coastal Program and all applicable policies in that the property is designated R-15, Residential 8-15
du/ac and R-3, Multiple-Family Residential, which allows for residential development including a
single-family-dwelling and ADUs. The project proposes to construct a 11'-8"-tall, 749-square-foot,
two-bedroom detached ADU. The addition of the ADU is consistent with the surrounding
residential development, which consists of a mixture of one and two-story residential structures.
Community Development Department
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov
CDP 2022-0020 (DEV02026) -CARRILLO ACCESSORY DWELLING UNIT
February 21, 2023
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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 detached 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.
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 a~e 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 2022-0020, for
the project entitled CARRILLO ACCESSORY DWELLING UNIT (Exhibits "A" -"O"), dated February 21,
2023, 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
maintain~d 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.
CDP 2022-0020 (DEV02026} -CARRILLO ACCESSORY DWELLING UNIT
February 21, 2023
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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 CFO #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. If the taxes/fees are
not paid, this approval will not be consistent with the General Plan and shall become void.
9. 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 CFO #1 special
tax (if applicable), subject to any credits authorized by Carl.sbad 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.
10. Prior to Planning approval 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.
CDP 2022-0020 (DEV02026) -CARRILLO ACCESSORY DWELLING UNIT
February 21, 2023
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11. 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.
12. 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.
13. 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.
Engineering:
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval ofthis
proposed development, must be met prior to approval of a building permit.
General
1. 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.
2. 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.
3. The developer shall complete processing of a lot line adjustment between lot 8 and lot 9.
Dedications/Improvements
4. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a
right-of-way permit to the satisfaction of the city engineer.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
1. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10
of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area
contained in the staff report and shown on the site plan are for planning purposes only.
CDP 2022-0020 (DEV02026} -CARRILLO ACCESSORY DWELLING UNIT
February 21, 2023
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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 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 Lauren Yzaguirre at 442-339-
2634 or by email at Lauren.Yzaguirre@carlsbadca.gov.
CITY OF CARLSBAD
CLIFF JONES
Principal Planner
CJ:LY:JC
c: Rohaise Carrillo, 2642 Jefferson Street, Carlsbad, CA 92008
Eric Lardy, City Planner
Emad Elias, Project Engineer
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