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HomeMy WebLinkAboutCDP 15-40; AGMISH TOFF SDU; Admin Decision LetterNovember 24, 2015 Samuel Wright Suite N 2911 State Street Carlsbad, CA 92008 MINOR COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION RE: CDP 15-40 -AG MISH TOFF SDU The city has completed a review of the application for a Minor Coastal Development Permit for the development of a 640 square foot second dwelling unit located at 4858 Park Drive. It is the City Planner's determination that the project CDP 15-40, 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 in that the property is not located adjacent to the shore and no opportunities for coastal access are available from the subject site. 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 aliready 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 for Residential Low-Medium (RLM) density for single-family residential development and is already disturbed and developed with one single-family home. The development consists of a 640 square foot second dwelling unit. The second dwelling unit 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 Community & Economic Development Planning Division J 1635 Faraday Avenue Carlsbad, CA 92008-7314 J 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov /,-, ---" CDP 15-40 -~~1J1SH \Olf ~~ November 241' 2015 11 ~i,'J!t'.t Page 2 ,,,'.,<"~!! ~"~J\::Li 1.:: ~j coastal zone. No agricultural uses currently exist on the site, nor are there any sensitive biological resources located on the property. Furthermore, the proposed residential addition is not in an area of known geologic instability or flood hazards. 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 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 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: 1. The City Planner does hereby APPROVE the Minor Coastal Development Permit, CDP 15-40, for the project entitled Agmish Toff SDU (Exhibits "A" -"C"), dated November 23, 2015, 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 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. 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 inval.id this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. CDP 15-40 -AG MISH TOFF SDU November 24, 2015 Page 3 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 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. a. The property owner(s) shall reside in either the main dwelling unit or the second dwelling unit, unless a lessee leases both the main dwelling and the second dwelling unit. b. The obligations and restrictions imposed on the second dwelling unit per Chapter 21.10.030 of the Carlsbad Municipal Code are binding on all present and future property owners. 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. CDP 15-40-AGMISH TOFF SDU November 24, 2015 Page 4 -Engineering 12. 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. 13. 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. 14. Developer shall complete and submit to the city engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all 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. 15. Developer shall incorporate measures with this project to comply with Standard Stormwater Requirements per the city's Standard Urban Stormwater Management Plan (SUSMP). These measures include, but are not limited to: 1) reducing the use of new impervious surfaces (e.g.: paving), 2) designing drainage from impervious surfaces to discharge over pervious areas (e.g.: turf, landscape areas), 3) and designing trash enclosures to avoid contact with storm runoff, all to the satisfaction of the city engineer. 16. 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. CDP 15-40 -AG MISH TOFF SDU November 24, 2015 Page 5 NOTICE This decision may be appealed by you or any member of the public to the Planning Commission within ten (10) calendar days of receipt of this letter. Appeals must be submitted in writing to the Planning Commission at 1635 Faraday Ave_nue in Carlsbad, along with a payment of $673.00. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Austin Silva at (760) 602-4631. 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. CITY OF CARLSBAD Principal Planner VL:AS:fn Attachment A: Affidavit of Compliance for a Second Dwelling Unit c: Agmish Taff, 6817 Adolphia Drive, Carlsbad, CA 92011 Don Neu, City Planner Kyrenne Chua, Project Engineer File Copy Data Entry California Coastal Commission (NoFA)