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HomeMy WebLinkAboutCDP 2020-0013; PATEL RESIDENCE; Admin Decision LetterFILE l'Y\ui l-t"<>'(_ o~ ~ I ~ I ;:).u~ August 19, 2020 Vagha Development LLC Attn: Rajesh Patel 3170 Vista Way Oceanside, CA 92056 MINOR COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION RE: CDP 2020-0013 (DEV2019-0162) -PATEL RESIDENCE Ccityof Carlsbad The city has completed a review of the application for a Minor Coastal Development Permit to allow for an attached 638-square-foot Accessory Dwelling Unit (ADU) within a new 5, 714-square-foot single-family residence (CDP 2020-0001) generally located on the east side of Carlsbad Boulevard and north of Manzano Drive (APN: 210-115-08-00) within the appeal jurisdiction of the California Coastal Commission. It is the City Planner's determination that the project CDP 2020-0013 (DEV2019-0162) -PATEL RESIDENCE, 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 proposed development requires no discretionary approvals other than a Minor Coastal Development Permit. 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. 3. 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 0.17-acre project site Is designated for residential uses, and the attached ADU is being proposed within and developed together as a part of a new single-family residence (CDP 2020-0001), the development of which is consistent with the Mello II Land Use designation of R-4. As the project is not adjacent to a beach or lagoon and is located east of the first public road, it will not obstruct views of the coastline as seen from public lands or public rights-of-way or otherwise damage the visual beauty of the coastal zone. Also, given that the site does not have any frontage along the coastline, no public opportunities for coastal shoreline access or water-oriented recreational activities are available. Furthermore, no agricultural uses exist on the site, nor are there any known sensitive resources also located on the site. Lastly, the proposed ADU is not located in an area of known geologic instability or flood hazard. 4. The proposed development will have no adverse effect on coastal resources, in that the attached ADU is being proposed within and developed together as a part of a new single-family residence (CDP Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560f I www.carlsbadca.gov CDP 2020-0013 (DEV2019-0162)-PATEL RESIDENCE August 19, 2020 Pa e 2 3Jl=i 2020-0001), the construction of which will 1) 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 run-off, pollutants and soil erosion; 2) not involve construction on undevelopable steep slopes or native vegetation since they are not 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; 3) pay habitat in-lieu mitigation fees for impacts to Habitat Management Plan Group-F habitat (i.e., Disturbed Lands); and 4) require a nesting bird survey prior to any development occurring within the bird nesting season. 5. 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(6) and (C) of the Carlsbad Coastal Development Regulations. 6. That the City Planner has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15303(a) of the State CEQA Guidelines and will not have any adverse significant impact on the environment. More specifically, CEQA Section 15303(a)-New Construction or Conversion of Small Structures, is a Class 3 exemption that includes the construction of a second dwelling unit in a residential zone. Consistent with the section, the project is proposing to construct an attached 638-square-foot ADU within a new single-family residence on a residentially-zoned property. 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. 7. 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.2020-0013, for the project entitled Patel Residence (Exhibits "A" -"K"), dated August 19, 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 successor 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. CDP 2020-0013 (DEV2019-0162) -PATEL RESIDENCE August 19, 2020 Pa e 3 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 cor.struction 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, (bl 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. Fees are applicable to the extent allowable by state law for ADUs less than 750 square feet in size. 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 tall (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 3 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 2020-0013 (DEV2019-0162) -PATEL RESIDENCE August 19, 2020 Pa e4 12. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 17.04.060. 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 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 offinal 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 Jason Goff at 760-602-4643 or by email at Jason.Goff@carlsbadca.gov. CITY OF CARLSBAD Te",; /)e,/ea/fr/ ~ TERI DELCAMP Principal Planner TD:JG:cf c: Larry Lipkin, Design Decision, 13607 Powers. Road, Poway, CA 92064 Don Neu, City Planner David Rick, Project Engineer HPRM/File Copy Data Entry