HomeMy WebLinkAboutCDP 2023-0021; CHAMBERLAIN DETACHED ADU; Admin Decision LetterJuly 24, 2023
MINOR COASTAL DEVELOPMENT PERMIT
NOTICE OF DECISION
James W. Pierce and Abbey Chamberlain
1850 Pentas Court
Carlsbad, CA 92011
SUBJECT: CDP 2023-0021 (DEV2023-0072) -CHAMBERLAIN DETACHED ADU
Ccityof
Carlsbad
B FILE COPY
The city has completed a review of the application for a Minor Coastal Development Permit for the
construction of a 650-square-foot, 10-foot-7-inch-tall, one-bedroom detached accessory dwelling unit
(ADU) located to the rear of an existing single-family home at 1850 Pentas Court (APN 215-521-01-00).
The 0.37-acre project site is located outside of the appealable area of the California Coastal Commission.
It is the City Planner's determination that the project CDP 2023-0021 (DEV2023-0072) -CHAMBERLAIN
DETACHED 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 an 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 project proposes the construction
of a 650-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 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
Community Development Department
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov
CDP 2023-0021 (DEV2023-0072) -CHAMBERLAIN DETACHED ADU
July 24, 2023
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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 req·uest 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(8) 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 2023-0021, for
the project entitled CHAMBERLAIN DETACHED ADU (Exhibits "A" -"O"}, dated July 24, 2023, on file
in the Planning Division and incorporated by this reference, subject to the conditions herein set forth.
Development shall occur substantially 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.
CDP 2023-0021 (DEV2023-0072) -CHAMBERLAIN DETACHED ADU
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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, 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 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 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.
CDP 2023-0021 (DEV2023-0072)-CHAMBERLAIN DETACHED ADU
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Land Development Engineering:
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 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. Prior to building permit issuance, the developer shall show proof of recorded grant deeds for each
parcel of the adjustment plat.
Fees/ Agreements
4. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for
recordation, an Encroachment Agreement covering private walkway, fence and pavers located over
existing public right-of-way and Tree and Landscape easement as shown on the site plan. Developer
shall pay processing fees per the city's latest fee schedule.
Storm Water Quality
5. 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.
6. 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 i~spection fees per the city's latest fee schedule.
7. 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
CDP 2023-0021 (DEV2023-0072) -CHAMBERLAIN DETACHED ADU
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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.
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 Alex Alegre at (442) 339-5268
or by email at alex.alegre@carlsbadca.gov.
CITY OF CARLSBAD
CLIFF JONES
Principal Planner
CJ:AA:ES
c: James W. Pierce and Abbey Chamberlain, 1850 Pentas Court, Carlsbad CA, 92011
Linda Ontiveros, Project Engineer
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