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HomeMy WebLinkAboutAMEND 2021-0014; JOHNSTON ADU AMENDMENT; Admin Decision LetterNovember 8, 2021 Carly Johnston 4910 Neblina Drive Carlsbad, CA 92008 MINOR COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION RE: AMEND 2021-0014 (DEV2021-0065)-JOHNSTON ADU AMENDMENT (""Cityof Carlstiad EIFILE corY fY/ ,,,, /el I I/ '1 /2 ( The city has completed a review of the application for an Amendment to Minor Coastal Development Permit Amendment no. CDP 2021-0018 for a rear yard setback reduction (from 10' to 5'-8") for a previously approved 624-square-foot Accessory Dwelling Unit (ADU) located to the rear of an existing single-family home at 4910 Neblina Drive (APN: 207-300-47-00). It is the City Planner's determination that the project, AMEND 2021-0014-JOHNSTON 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 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 property is not located adjacent to the shore. 2. The proposed development will have no adverse effect on coastal resources, in that the ADU is located on property that is not adjacent to a body of water, the lot is already disturbed and developed with a single-family home, and the detached ADU will not affect steep slopes or native vegetation. 3. 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 a detached, 624-square-foot ADU. The ADU 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 agricultural uses currently exist on the site, nor are there any sensitive resources located on the property. Furthermore, the proposed ADU is not located in an area of known geologic instability or flood hazards. Community Development Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov AMEND 2021-0014 (DEV2021-0065)-JOHNSTON ADU November 8, 2021 Page 2 4. 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. No undevelopable steep slopes or native vegetation are proposed to be disturbed on the subject property and the developed site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 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 21.201.0S0(B) 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-New Construction or Conversion of Small Structures of the State CEQA Guidelines and will not have any adverse significant impact on the environment. 7. 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 2021-0014, for the project entitled JOHNSTON ADU (Exhibits "A"), dated November 8, 2021, 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 Amendment. 3. Staff is authorized 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 2021-0014 (DEV2021-0065) -JOHNSTON ADU November 8, 2021 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 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 approva I and issua nee 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 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, 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 Amendment 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. 12. Premise identification {addresses) shall be provided consistent with Carlsbad Municipal Code Section 17.04.060. AMEND 2021-0014 (DEV2021-0065)-JOHNSTON ADU November 8, 2021 Page4 NOTICE 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 Paul Dan at (760) 602-4614 or by email at paul.dan@carlsbadca.gov. CITY OF CARLSBAD CLIFF JONES Principal Planner CJ:PD:cf c: Don Neu, City Planner Emad Elias, Project Engineer HPRM/File Copy Data Entry