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HomeMy WebLinkAboutCDP 2020-0009; SHELTON RESIDENCE ADDITION; Admin Decision LetterJuly 20, 2020 Ryan Law 107 E. Jason Street Encinitas, CA 92024 FILE MINOR COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION RE: CDP 2020-0009 (DEV2020-0051}-SHEL TON RESIDENCE ADDITION Ccityof Carlsbad The city has completed a review of the application for a Minor Coastal Development Permit for the construction of an approximately 237-square-foot addition to a single-family residence located at 3916 Long Place (APN: 206-042-40-00) within the appeal jurisdiction of the California Coastal Commission. The proposed project will expand an existing master bedroom and bathroom that is in the rear of the lot. The proposed addition will include exterior materials and color to match the existing residence. It is the City Planner's determination that the project CDP 2020-0009 -SHELTON RESIDENCE ADDITION 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. Although a portion of the single-family residence on the southeast side projects into the front yard setback the proposed project does not require a nonconforming construction permit because the addition does not result in an additional structural nonconformity, nor increase the degree of the existing nonconformity within the front yard setback and will not result in a reduction of the number and size of any required existing parking spaces. In addition, the existing single-family residence has a one-car garage and does not meet the required parking standard of a two-car garage. However, two off-street parking spaces are provided on-site and are located outside of the required front yard setback, as required to be exempt from a nonconforming construction permit. Furthermore, the proposed project is the first addition to the single-family residence and is less than forty percent of the existing floor area. Lastly, the proposed addition complies with all development standards such as setbacks, lot coverage, and height limitations. 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. Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov CDP 2020-0009 (DEV2020-0051) -SHELTON R .. July 20, 2020 Pa e 2 4. The proposed development will have no adverse effect on coastal resources, in that the project site is developed and the project consists of an approximately 237-square-foot addition to an existing single-family residence to expand an existing master bedroom and bathroom located In the rear of the lot. The improvements will not impact steep slopes or mature vegetation since the site is fully developed. 5. That the proposed development is in conformance with the Mello II Segment of the Certified Local Coastal Program and all applicable policies in that the site Is designated for residential uses and the project consists of an approximately 237-square-foot addition to an existing single-family residence to expand an existing master bedroom and bathroom located in the rear of the lot. The proposed project is consistent with the surrounding residential development. The proposed project 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 because the addition will meet the setback and height limitations required within the zoning designation of R-1 Residential. a. A determination was made pursuantto Carlsbad Municipal Code Section 21.04.263 that the subject lot is similar to a lot located on the inside of a street curve because its rear lot line is at least 20 feet narrower than Its front lot line. The property is, thus, allowed to use the average width of the lot for the purpose of computing side yard setbacks. The lot's average width Is 70.7 feet (62.05' + 79.35' / 2). b. Carlsbad Municipal Code Section 21.10.070 requires a minimum side yard setback of 10 percent of the lot width, but allows the width of one side yard to be reduced if the following provisions are met: a) the opposite side yard is increased in width by an amount equal to the reduction or shall be a minimum of ten feet in width, whichever is greater; and b} the reduced side yard Is not less than five feet in width nor abuts a parcel with an adjacent reduced side yard. c. The subject property's standard side setback would be 7.1 feet based on 10 percent of the average lot width. The existing side yard setback on the west side is 8,4 feet, which is 1.3 feet greater than the required setback. The proposed addition more than complies with the westerly side yard setback, and provides a reduced setback of 5.8 feet on the east side, which is a 1.3-foot reduction to the required setback. Therefore, the reduction on one side is equal to the increase on the opposite side. d. The reduced setback Is at least five feet, and the home on the parcel to the east does not have an adjacent reduced side yard because it meets the standard required side setbacks according to the survey prepared for this project. 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 Jurisdictional Runoff Management Program (JRMP} to avoid increased urban runoff, pollutants, and soil erosion. In addition, the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. Limited development is proposed to an existing single-family residence that is located on a developed lot within a long-established neighborhood. 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 21.201.0SO(B) and (C) of the Carlsbad Coastal Development Regulations. CDP 2020-0009 (DEV2020-0051) -SHELTON RESIDENCE ADDITION July 20, 2020 Pa e 3 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 approval letter, 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 2020-0009, for the project entitled SHELTON RESIDENCE ADDITION (Exhibits "A" -"E"), dated July 20, 2020, 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 ~uccessor 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 ~Y 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 arising from the emission by the facility of electromagnetic fields or CDP 2020-0009 (DEV2020-0051) -SHELTON RESIDENCE ADDITION July 20, 2020 Pa e 4 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. 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 2020-0009 {DEV2020-0051) -SHELTON RESIDENCE ADDITION July 20, 2020 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 $876. 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. 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 city'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 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 similarto 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 Jessica Bui at 760-602-4631 or by email at jessica.bui@carlsbadca.gov. CITY OF CARLSBAD ~n TERI DELCAMP ~ Principal Planner TD:JB:mf c: Joe Shelton, 3916 Long Place, Carlsbad, CA 92008 Don Neu, City Planner Kyrenne Chua, Project Engineer HPRM/File Copy Data Entry -----------