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Home My WebLink AboutCDP 2024-0023; AVIARA CLUBHOUSE CONVERSION; Admin Decision Letter□FILE November 20, 2024 Tim Seaman 1127 11th St. Imperial Beach, CA 91932 MINOR COASTAL DEVl;LOPMENT PERMIT NOTICE OF DECISION r-·- {city of Carlsbad SUBJECT: CDP 2024-0023 (DEV2024-0035) -AVIARA CLUBHOUSE CONVERSION The city has completed a review of the application for a Minor Coastal Development Permit to convert 2,289-square-feet of the second story of an existing 8,592-square-foot, two-story, detached clubhouse, into one 857-square-foot one-bedroom accessory dwelling unit (ADU) and one 1,432-square-foot two- bedroom ADU. The project site, an approximately 18.34-acre lot, is currently developed with a 288-unit apartment development, known as Windsor at Aviara, that consists of 16 buildings. The address and Assessor Parcel Number (APN) are 6610 Ambrosia Lane and 215-840-03-00, respectively. The project site is located outside of the appealable jurisdiction of the California Coastal Commission. It is the City Planner's determination that the project CDP 2024-0023 (DEV2024-0035) -AVIARA CLUBHOUSE CONVERSION, 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 accessory dwelling units, converted from existing square footage within the detached community clubhouse, are not located on property adjacent to the shoreline. 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 accessory dwelling units, converted from existing square footage entirely within the detached community clubhouse, are not located on property adjacent to a body of water, and the entire lot is already disturbed and developed with a multiple-family apartment complex and mature landscaping that will remain. 4. That the proposed development is in conformance with the Mello I Segment of the Certified Local Coastal Program and all applicable policies in that the site has a General Plan Land Use designation of R-23, Residential 15-23 du/ac, is zoned P-C, Planned Community, and is located within the Aviara Master Plan (MP 177), Planning Area 18, which allows for residential development including multiple-family dwellings and accessory dwelling units (ADUs). The project proposes to convert 2,289-square-feet of the second story of an existing 8,592-scjuare-foot, two-story, detached Community Development Department Planninf! Division / 1635 Farad av Avenue I Carlsbad. CA 92008 I 442-339-2600 CDP 2024-0023 (DEV2C 0O35)-AVIARA CLUBHOUSE CONVE JN November 20, 2024 Pa e 2 clubhouse, into one 857-square-foot one-bedroom accessory dwelling unit (ADU) and one 1,432- square-foot two-bedroom ADU at an apartment complex containing 288 units. The proposed accessory dwelling units are consistent with the surrounding residential development, which consists of a mixture of one and two-story residential structures. 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 accessory dwelling units are 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 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. 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 21.201.080(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-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 2024-0023, for the project entitled AVIARA CLUBHOUSE CONVERSION (Exhibits "A" -"I"), dated November 20, 2024, 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. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2600 \ CDP 2024-0023 (DEV2024- November 20, 2024 5)-AVIARA CLUBHOUSE CONVERSl1 Pa e 3 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 i:S 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. 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. 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 Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2600 CDP 2024-0023 (DEV20 November 20, 2024 Pa e 4 D035)-AVIARA CLUBHOUSE CONVE )N 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 Megan McElfish at (442) 339- 5153 or via email at Megan.McElfish@carlsbadca.gov. CITY OF CARLSBAD CLIFF JONES Principal Planner CJ:MM:cf c: Chance Taylor, 14241 Dallas Parkway, Suite 1050, Dallas, TX 75254 Abramson Architects, David Pascu, 5171 W. Jefferson Blvd, Los Angeles, CA 90016 Linda Ontiveros, Project Engineer Laserfiche/File Copy Data Entry Community Development Department Planning Division I 1635 Faraday Avenue J Carlsbad, CA 92008 I 442-339-2600