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HomeMy WebLinkAboutCDP 99-59; Kathleen's Minor Subdivision; Coastal Development Permit (CDP) (8)City of Carlsbad Planning Department MINOR COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION RECEIVED 2 o 200] February 14, 2001 Kathleen Olsen 1085 Chinquapin Ave Carlsbad CA 92008 SUBJECT: CDP 99-59 - KATHLEEN'S MINOR SUBDIVISION The City has completed a review of the application for a Minor Coastal Development Permit to allow for the subdivision of a 0.45 acre parcel into two single-family lots. The property is located in the Mello II Segment of the Local Coastal Program at the southwest corner of Chinquapin Avenue and Adams Street within Local Facilities Management Zone 1. It is the Planning Director's determination that the project, Kathleen Minor Subdivision, CDP 99- 59, is consistent with the applicable City's Coastal Development Regulations (Chapters 21.201 - 21.205) and with all other applicable City ordinances and policies. The Planning Director, therefore, APPROVES this request based upon the following: Findings: 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 has no adverse effect individually or cumulatively on coastal resources or public access to the shoreline or the coast, in that: the site is improved with a single-family residence and has been previously disturbed; there are no agricultural activities or prime agricultural lands or other coastal resources on or near the site; no public opportunities for coastal access are available from the subject and no public access requirements are conditioned for the project since it is not located between the first public road and the ocean; and the residentially designated site is not suited for water-oriented activities and the development does not obstruct views of the coastline as seen from public lands or public right-of-way. 4. That the proposed development is in conformance with the Mello II Certified Local Coastal Program and all applicable policies in that both lots are zoned R-1 and designated RLM for the development of a single-family residence. 5. That the development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act, in that the project site is located 1 mile from the Pacific Ocean and no opportunities for coastal access or recreation are available from the subject site. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us CDP 99-59 - KATHLB../4'S MINOR SUBDIVISION February 14, 2001 Page 2 6. That this request for a minor coastal development permit was adequately noticed at least fifteen (15) working days before the date of this decision (from January 22, 2001 to February 14, 2001) pursuant to Section 21.201.080(8) and (C) of the Carlsbad Coastal Developmental Regulations. 7. That the Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15315 of the State CEQA Guidelines and will not have any adverse significant impact on the environment. 8. The subject site is located in the Coastal Resource Protection Overlay Zone, however, due to the absence of slopes steeper than 25% inclination and/or native vegetation, additional submittals, standards or requirements do not apply. The project does not require a grading permit. Construction of the project will adhere to the City's Master Drainage and Storm Water Quality Management Plan and Grading Ordinance to avoid increased runoff and soil erosion. Therefore, the proposed two-lot subdivision is consistent with the Coastal Resource Protection Overlay Zone. Conditions: 1. The Planning Director does hereby APPROVE the Minor Coastal Development Permit, CDP 99-59, for the project entitled, "Kathleen's Minor Subdivision". (Exhibit A), dated February 14, 2001, on file in the Planning Department and incorporated by this reference, subject to the conditions herein set forth. 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 substantially different from this approval, shall require an amendment to this approval. 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; 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 Coastal Development Permit (CDP 99-59). 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 in effect at the time of building permit issuance. CDP 99-59 - KATHLEu,./S MINOR SUBDIVISION February 14, 2001 Paqe3 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. The 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 non-discretionary, 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 any other energy waves or emissions. i 7. Building permits will not to be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that the water and sewer capacity and facilities will continue to be available until the time of occupancy. 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to the Plan prior to the issuance of building permits. 9. The applicant shall apply for and record a final parcel map for this project within two (2) years of approval or this minor coastal development permit will expire unless extended per Section 21.201.210 of the Zoning Ordinance. 10. At issuance of final map, the Developer shall pay to the City one inclusionary housing in-lieu fee in the amount in effect at the time, as established by City Council Resolution from time to time. 11. Approval of CDP 99-59 is granted subject to approval MS 99-17. CDP 99-59 is subject to all conditions of MS 99-17. 12. Prior to recordation of the Final Parcel Map, the developer shall demolish the existing garage located on parcel 2 and a new garage shall be constructed on parcel 1. 13. Prior to issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that the project has satisfied its obligation to provide school facilities. CDP 99-59 - KATHLEL./S MINOR SUBDIVISION February 14, 2001 Page 4 Code Reminder: 14. 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. 15. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 16. 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 5.090.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 1, pursuant to Chapter 21.90. All such taxes/fees are not 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. CITY OF CARLSBAD MICHAEL J. HOLZMILLER Planning Director MJH:GF:cs c: Gary Wayne Chris DeCerbo Bobbie Hoder David Rick File Copy Data Entry Planning Aide Coastal Commission