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HomeMy WebLinkAboutCDP 2017-0073; GAGNON RESIDENCE; Admin Decision Letter,, February 12, 2018 Terry Gagnon 24244 Nottingham Court Valencia, CA 91355-3504 MINOR COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION RE: CDP 2017-0073/NCP 2017-0003 (DEV2017-0233)-GAGNON RESIDENCE C_ City of Carlsbad ~ 1--t R--\.. lB FILE The city has completed a review of the application for a Minor Coastal Development Permit and Nonconforming Construction Permit for the development of a one-story 270 square foot addition to an existing single-family residence located at 315 Hemlock Avenue. It is the City Planner's determination that the project CDP 2017-0073/NCP 2017-0003 -GAGNON RESIDENCE, is consistent with the city's applicable Coastal Development Regulations (Chapters 21.201 - 21.205) and Nonconforming Structures and Uses Ordinance (Chapter 21.48) 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 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 and, therefore, the project will not i_nterfere with the public's right to physical access to the sea and the site is not suited for water-oriented recreation activities. 3. 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. 4. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the site is designated R-23 Residential allowing for single-family residential development. The site is already disturbed and developed with one single-family home. The 270 square foot one-story bedroom and bathroom addition 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 given the project's distance from the coastline and location on Hemlock Avenue. No agricultural uses currently exist on the site, nor are there any sensitive biological resources located on the property. Furthermore, the proposed addition is not in an area of known geologic instability or flood hazards. Community & Economic Development Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov CDP 2017-0073/NCP 2017-0003 (DEV2017-0233) -GAGNON RESIDENCE February 12, 2018 Pa e 2 5. That the request for a minor coastal development permit and nonconforming construction 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. 6. The expansion/replacement of the structure and/or use would not result in an adverse impact to -'the ~ealtff;~fety and welfare of surrounding uses, persons or property in that the existing Pr.?~1Y ~-W-rently de~e~oped with a single-fam~ly home consistent with the RD-M Z~ne with the 'e'xcept10'1 of an existing reduced westerly side yard setback of 4.7 feet. The side yard requires a minimum of five feet and the proposed addition complies with the setback. The lot is bordered by residentially zoned lots to the north, south, east and west. The proposed addition complies with all applicable codes and standards. 7. The expansion/replacement structure shall comply with all current fire protection and building codes and regulations contained in Titles 17 and 18 in that a building permit issued by the City of Carlsbad is required for this project and the building plans will be reviewed for consistency with applicable fire protection and building codes prior to issuance. Furthermore, the project will undergo standard building inspection procedures during the construction of the addition. 8. The expansion/replacement would result in a structure that would be considered an improvement to, or complementary to and/or consistent with the character of the neighborhood in which it is located in that the existing home would be expanded to allow more square footage and undergo interior and exterior improvements to enhance the property within the residential zone. Furthermore, the proposed addition meets all current development standards including building height, lot coverage and setback requirements. 9. That the City Planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301(e)(l) -Existing Facilities. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 10. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance {Carlsbad Municipal Code Chapter 18.50) as no new landscaping or modifications to existing landscape are proposed. 11. 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 2017-0073 and the Nonconforming Construction Permit, NCP 2017-0003, for the project entitled Gagnon Residence (Exhibits "A" -"B"), dated February 12, 2018, on file in the Planning Division and incorporated by this reference, subject to the conditions herein set forth. CDP 2017-0073/NCP 2017-0003 (DEV2017-0233) -GAGNON RESIDENCE February 12, 2018 Pa e 3 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/Nonconforming Construction 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/Nonconforming Construction 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 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/Nonconforming Construction 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 CFO #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. CDP 2017-0073/NCP 2017-0003 (DEV2017-0233) -GAGNON RESIDENCE February 12, 2018 Pa e 4 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/Nonconforming Construction 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. Engineering: 11. Developer shall apply for and complete the processing of a certificate of compliance for lot legality purposes to the satisfaction of the city engineer. Developer shall pay processing fees per the city's latest fee schedule. Storm Water quality: 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. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. 14. 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 2017-0073/NCP 2017-0003 (DEV2017-0233)-GAGNON RESIDENCE February 12, 2018 Pa e 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 Avenue in Carlsbad, along with a payment of $850.00. 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. 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 Chris Sexton at (760) 602-4631 or by email at chris.sexton@carlsbadca.gov. CITY OF CARLSBAD TERI DELCAMP Principal Planner TD:CS:sc c: Don Neu, City Planner Kyrenne Chua, Project Engineer California Coastal Commission (NoFA) HPRM/File Copy Data Entry