HomeMy WebLinkAboutCDP 2022-0001; SACHS LOT LINE ADJUSTMENT; Admin Decision LetterJuly 5, 2022
Jeffrey Sachs
4061 Skyline Road
Carlsbad, CA 92008
MINOR COASTAL DEVELOPMENT PERMIT
NOTICE OF DECISION
RE: CDP 2022-0001 (DEV2022-0004} -SACHS LOT LINE ADJUSTMENT
Ccityof
Carlsbad
8FILE COPY
The city has completed a review of the application for a Minor Coastal Development Permit to adjust a
rear lot line shared between two residential lots to relocate existing structures from one lot to the other
at 4080 Sunnyhill Drive (Parcel A, APN 207-072-06-00) and 4061 Skyline Road (Parcel B, APN 207-072-12-
00).
It is the City Planner's determination that the project CDP 2022-0001 (DEV2022-0004} -SACHS LOT LINE
ADJUSTMENT, 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 the lot line adjustment is not located on properties adjacent to a body
of water. Therefore, no opportunities for coastal access are available from the subject site, nor are
public recreation areas required of the project.
4. The proposed development will have no adverse effect on coastal resources, in that the lot line
adjustment is not located on properties adjacent to a body of water, and both lots are already
disturbed and developed with single-family homes.
5. That the proposed development is in conformance with the Melo II Segment Certified Local Coastal
Program and all applicable policies in that the properties are designated R-4, Residential 0-4 du/ac
and R-1-15,000, One-Family Residential, which allows for residential development and lot line
adjustments that meet the 15,000-square-foot minimum lot size. The project proposes to adjust a
Community Development Department
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov
CDP 2022-0001 (DEV2022-0004} -SACHS LOT LINE ADJUSTMENT
July 5, 2022
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shared rear lot line between two residential lots to relocate existing accessory structures from one
lot (Parcel B} to the other (Parcel A}. Parcel B will increase in size from 22,193 net square feet to
29,631 net square feet. Parcel B will decrease in size from 22,441 net square feet to 15,003 net
square feet. Both lots will continue to comply with the minimum lot size, 15,000 square feet, which
is consistent with lots sizes of the surrounding residential lots. 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 as no structures are proposed. No agricultural uses
currently exist on the site, nor are there any sensitive resources located on the property.
Furthermore, the proposed lot line adjustment is not located 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 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
development beyond the lot line adjustment is proposed. No undevelopable steep slopes or native
vegetation exist 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. No habitat buffers or
geologic stability setbacks are required of the property.
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 Secti~n 21.201.0B0(B) and (C) of the
Carlsbad Coastal Development Regulations.
8. That the City Planner has determined that the project is exempt from the requirements of the
California Environmental Quality Act (CEQA) per Section 1530S(a} -Minor Alterations in Land Use
Limitations -of the State CEQA Guidelines and will not have any adverse significant impact on the
environment.
Conditions:
1. The City Planner does hereby APPROVE the Minor Coastal Development Permit, CDP 2022-0001, for
the project entitled SACHS LOT LINE ADJUSTMENT (Exhibit "A"}, dated July 5, 2022, 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
CDP 2022-0001 (DEV2022-0004) -SACHS LOT LINE ADJUSTMENT
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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, (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.
9. Prior to Planning approval of the Adjustment Plat, 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.
CDP 2022-0001 {DEV2022-0004) -SACHS LOT LINE ADJUSTMENT
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11. Prior to Planning approval of the Adjustment Plat, Developer shall submit evidence to the Planning
Department that the covered deck located in the rear yard of Parcel B has been demolished, to the
satisfaction of the City Planner.
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 $786. 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 Lauren Yzaguirre at 442-339-
2634 or by email at Lauren.Yzaguirre@carlsbadca.gov.
CITY OF CARLSBAD
CLIFF JONES
Principal Planner
CJ:LY:JC
c: Owner, 4080 Sunnyhill Drive, Carlsbad, CA 92008
Don Neu, City Planner
Jennifer Horodyski, Project Engineer
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