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Home My WebLink AboutCDP 2018-0022; BIEHL BACKYARD RENOVATION; Admin Decision LetterMAileJ s ts-jr RriLE COPY ^ Ccityof CarlsbadMINOR COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION May 24, 2018 Ned and Megan Biehl 602 Navigator Court Carlsbad, CA 92011 RE: CDP 2018-0022 (DEV2018-0005) - BIEHL BACK YARD RENOVATION The city has completed a review of the application for a Minor Coastal Development Permit for the development of a pool, spa, pool equipment, pergola, barbeque, and five-foot block wall in the backyard of an existing single-family residence located at 602 Navigator Court It IS the City Planner's determination that the project CDP 2018-0022 - BIEHL BACK YARD RENOVATION, 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 and, therefore, the project will not Interfere with the public's right to physical access to the sea and the site is not suited for water-onented recreation activities 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 5 That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the site is designated R-8 Residential allowing for single-family residential development The site is already developed with one single-family home. The development of a pool, spa, pool equipment, pergola, barbeque, and five-foot block wall in the back yard of the existing single-family residence 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. No agncultural uses currently exist on the site, nor are there any sensitive biological resources located on the Community & Economic Development Planning Division [ 1635 Faraday Avenue Carlsbad, CA 92008-73141 760-602-4600 | 760-602-8560 f | www carlsbadca gov It BACKYARD RENOVATGDP 2018-0022 (DEV2018-0005) - BlEHt BACKYARD RENOVATION May 24, 2018 Page 2 property. Furthermore, the proposed addition Is not 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 oif 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 Jurlsdictlonal 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 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 categoncally exempt from the requirement for the preparation of environmental documents pursuant to Section 15303(e) - New Coristruction or Conversion of Small Structures 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 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; I 1 The City Planner does hereby APPROVE the Minor Coastal Development Permit, CDP 2018-0022, for the project entitled BIEHL BACK YARD RENOVATION (Exhibit "A"), dated May, 24, 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 contrition 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 cit/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 Minot" Coastal Development Permit documents, as necessary to make them Internally consistent and in conformity with the final action on the project Development shall CDP 2018-0022 (DEV2018-0005) - BIEHL BACK YARD RENOVATION May 24, 2018 Page 3 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 m-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 ansing 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 authonzed by Carlsbad Municipal Code Section 5 09 040 Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 9, 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 Pnor 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 m 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 m interest V Code Reminders; 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 / CDP 2018-0022 {DEV2018-0005) - BIEHL BACK YARD RENOVATION May 24, 2018 Page 4 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 wrrting 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 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 FT 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 Cliff Jones at 760-602-4613 or by email at Cliff Jones@carlsbadca gov CITY OF CARLSBAD ^ ^ —-\/) TERI DELCAMP Principal Planner TOadh Don Neu, City Planner California Coastal Commission (NoFA) Filil^op ata Entry