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HomeMy WebLinkAboutAMEND 2018-0001; WHITE ADU; Admin Decision LetterFIlECOri ^Cityof CarlsbadMINOR COASTAL DEVELOPMENT PERMIT AMENDMENT NOTICE OF DECISION June 4, 2018 Paige White 4810 Kelly Drive Carlsbad, CA 92008 RE: AMEND 2018-0001 (DEV2017-0244) - WHITE ADU The city has completed a review of the application for an amendment to a Minor Coastal Development Permit (CDP 2017-0076) for a minor modification to an existing 630-square foot attached accessory dwelling unit (ADU) that includes converting 105 square feet of existing residence to the ADU for a total of 735 square feet located at 4810 Kelly Drive (APN 207-230-19-00) It IS the City Planner's determination that the project AMEND 2018-0001 - WHITE 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 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 because the project is not located adjacent to the shore 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 already disturbed and developed with a single-family home and an attached ADU 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 R-4 Residential which allows for residential development including a single-family home and an ADU The development consists of converting 105 square feet of existing residence to an existing ADU [approved by CDP 2017-0076] for a total of 735 square feet. The proposed conversion 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 agncultural uses currently exist on the site, nor Community & Economic Development Planning Division 1 1635 Faraday Avenue Carlsbad, CA 92008-73141760-602-46001760-602-8560 f | www carlsbadca gov AMEND 2018-0001 (DEV2017-0244)-WHIT^'ADU . ' June 4, 2018 Page 2 are there any sensitive resources located on the property. Furthermore, the existing single-family residence and ADU is not located In an area of known geologic instability or flood hazards. 6 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 Junsdictional Runoff Management Program (JRMP) to avoid increased urban runoff, pollutants, and soil erosion No steep slopes or native vegetation is located on the subject property and the site Is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 7 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(B) and (C) of the Carlsbad Coastal Development Regulations 8 That the City Planner has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301 - Existing Facilities of the State CEQA Guidelines and will not have any adverse significant impact on the environment 9 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 Amendment, AMEND 2018-0001, for the project entitled WHITE ADU, (Exhibits "A" - "D"), dated June 6, 2018, 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 authonty 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 Amendment 3 Staff IS authonzed and directed to make, or require the Developer to make, all corrections and modifications to the Minor Coastal Development Permit Amendment 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 - AMEND 2018-0001 (DEV2017-0244) - WHITE ADU June 4, 2018 Page 3 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 66 020 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 attome/s fees incurred by the city arising, directly or indirectly, from (a) Cit/s approval and issuance of this Minor Coastal Development Permit Amendment, (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 Muniapal Code Section 5 09 030, and CFD #1 special tax (if applicable), subject to any credits authonzed 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 2190 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 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 AMEND 2018-0001 (DEV2017-0244) - WHITE ADU June 4, 2018 Page 4 ' NOTICE The project site is within the appealable area of the California Coastal Commission This Minor Coastal Development Permit (CDP) shall not become effective until ten (10) working days have elapsed, without a valid appeal being filed with the Coastal Commission, following the Coastal Commission's receipt of the cit/s notice of the CDP issuance ("Notice of Final Action") The filing of a valid appeal with the Coastal Commission within such time limit shall stay the effective date of this CDP until such time as a final decision on the appeal is reached by the Coastal Commission 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 vyill bar any subsequent legal action to attack, review, set aside, void, or annul their imposition You are hereby FURTHER NOTIFIED that your nght 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 Chns Sexton at 760-602-4631 or by email at chns sextonPcarisbadca gov CITY OF CARLSBAD y4 TERI DELCAMP Principal Planner TD CS-dh James Chinn, 2120 Jimmy Durante Boulevard #114, Del Mar, CA 92014-2215 Don Neu, City Planner Kyrenne Chua, Project Engineer California Coastal Commission (NoFA) fi&RMZElKSog^ Data Entry