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HomeMy WebLinkAbout2011-01-19; Planning Commission; ; CDP 10-22 - BARELMANN PROPERTYThe City of CARLSBAD Planning Division A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: January 19, 2011 Application complete date: September 3, 2010 Project Planner: Chris Sexton Project Engineer: Clyde Wickham SUBJECT: CDF 10-22 - BARELMANN PROPERTY - Appeal of a Planning Director decision to approve a Minor Coastal Development Permit to allow a 198 square foot garden shed for a community garden located on a vacant residential lot at 6479 Surfside Lane, south of Island Way and east of Carlsbad Boulevard, within the Mello II Segment of the City's Local Coastal Program and within Local Facilities Management Zone 22. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6750 DENYING the appeal and upholding the decision of the Planning Director to APPROVE a Coastal Development Permit CDP 10-22, based upon the findings and subject to the conditions contained therein. II.INTRODUCTION The appellants (nine property owners and residents of Surfside Lane) are appealing the decision of the Planning Director to approve a Minor Coastal Development Permit to allow a 198 square foot garden shed for a community garden located on a vacant residential lot at 6479 Surfside Lane in the La Costa Downs Specific Plan (SP 201). Pursuant to Sections 21.201.030 and 21.201.080 of the Carlsbad Municipal Code (CMC), the construction of a garden shed for a community garden without a single-family residence on the lot within the City's Coastal Zone requires the processing and approval of a Minor Coastal Development Permit (CDP). The Planning Director approved the administrative Minor Coastal Development Permit application in that it is consistent with the applicable Local Coastal Program (LCP) regulations (Chapters 21.201 and 21.203 of the CMC), Specific Plan 201, and all other applicable city ordinances and policies. However, the appeal letter, dated November 22, 2010, contends that the garden shed does not comply with the architectural design standards, of Specific Plan 201, and that the appeal provides sufficient grounds for a requested action from the Planning Commission. Staff has reviewed and analyzed the appeal letter and concludes that the Planning Director approval should be upheld. Pursuant to Section 21.54.140 of the CMC, whenever the Planning Director is the authorized decision maker, the decision may be appealed to the Planning Commission. The filed appeal shall specifically state the reason or reasons for the appeal and the burden of proof is on the appellant to establish by substantial evidence that the grounds for the requested action exist. The Planning Commission action of an appeal shall be final unless appealed to City Council. CDP 10-22 - BARELMANN PROPERTY January 19, 2011 Page 2 Upon filing of an appeal, the secretary of the Planning Commission shall schedule the appeal for hearing before the planning commission as soon as practicable. An appeal shall be heard and noticed in the same manner as was required of the determination or decision being appealed. The hearing before the Planning Commission is de novo, but the Planning Commission shall determine all matters not specified in the appeal have been found by the Planning Director and are supported by substantial evidence. The Planning Commission shall consider the recommendations of the Planning Department, the decision of the Planning Director and all other relevant documentary and oral evidence as presented at the hearing. The Planning Commission may affirm, modify, or reverse the decision of the Planning Director, and make such order supported by substantial evidence as it deems appropriate, including remand to the Planning Director with directions for further proceedings. The Planning Commission action on an appeal shall be final unless appealed to the City Council pursuant to provisions of Section 21.54.140. III. PROJECT DESCRIPTION AND BACKGROUND The project site is located at 6479 Surfside Lane, south of Island Way and east of Carlsbad Boulevard within the La Costa Downs Specific Plan (SP 201) area, as shown on the attached location map (Attachment 2). The project consists of a 198 square foot garden shed for a community garden, which is an agricultural use, located on a previously graded and vacant single-family residential lot. The 12.5 foot tall shed is constructed of Tl-11 siding painted a green/grey shade with brilliant white as the trim color with an asphalt shingle roof. The previously graded flat lot area is 0.11 acres (4,777 square feet) in area and is located outside the appeals jurisdiction of the California Coastal Commission. Grading is not proposed therefore, a grading permit will not be needed. During the noticing period for the administrative Minor Coastal Development Permit, (beginning on September 30, 2010 and ending on October 21, 2010) several neighbors requested an informal public hearing. An informal public hearing was held on November 1, 2010. On November 10, 2010, the Planning Director approved CDP 10-22. On November 23, 2010, an appeal of the decision approving CDP 10-22 was filed by nine neighboring property owners and residents along Surfside Lane pursuant to CMC 21.54.140. IV. ANALYSIS The project is subject to the following plans, ordinances, and standards: A. Residential Medium (RM) General Plan Land Use Designation; B. La Costa Downs Specific Plan (SP 201); C. One-Family Residential Zone (R-l); D. Coastal Development Policies and Regulations for the Mello II Segment and Coastal Resource Protection Overlay Zone (CMC Chapter 21.203). The recommendation to uphold the Planning Director's approval of this CDP was developed by analyzing the project's consistency with the applicable City regulations and policies. The project's compliance with each of the above regulations is discussed in the sections below. CDP 10-22 - BARELMANN PROPERTY January 19, 2011 Page 3 A. Residential Medium Density (RM) General Plan Land Use The project site has a General Plan Land Use designation of Residential Medium density (4-8 du/ac). While the RM General Plan Land Use designation principally allows residential development, the underlying R-l implementing zone also allows agricultural crops (i.e. community garden) as a permitted use. Furthermore, Agricultural Objective B.I of the Land Use Element promotes agricultural land uses throughout the City. B. La Costa Downs Specific Plan (SP 201) As shown on the La Costa Downs Compliance Table 1 below, the proposed garden shed is in compliance with all applicable regulations of SP 201. TABLE 1 - LA COSTA DOWNS COMPLIANCE TABLE FOR ACCESSORY STRUCTURES STANDARD Front Yard Setback Side/Rear Yard Setback Max Building Height Lot Coverage REQUIRED/ALLOWED 20' minimum 575' 14' with a 3: 12 roof pitch 40% maximum PROPOSED 20' 5V5' 12.5' with a 3: 12 roof pitch 4% Pursuant to SP 201, permitted uses include single-family detached dwellings, accessory structures that are incidental to the primary use of the property and conditional uses permitted in the underlying R-l-10,000 zone. The R-l zone use table does allow agriculture as a primary use in the R-l zone. Accessory structures such as a garden shed may be constructed on an R-l zoned lot if the primary use is agriculture. The La Costa Downs Specific Plan has a number of general design standards applicable to residential architecture and the streetscape to create a visually interesting and diverse neighborhood for single-family residences (Attachment 5). The La Costa Downs Specific Plan architectural guidelines are however not applicable to the garden shed since the guidelines pertain to single-family residences only and not to accessory structures. All the architectural guidelines reference architectural features that are specific to single family residences. The diagrams given in SP 201 as examples for architectural compatibility are pictures of single family residences titled "Residential Architecture" and do not include any diagrams of accessory structures. C. One-Family Residential Zone - R-l (CMC Chapter 21.10) The La Costa Downs Specific Plan states for permitted uses that any principle, accessory or conditional use permitted in the underlying zone is permitted subject to the same conditions and restrictions applicable in such underlying zone and to all of the requirements of the La Costa Downs Specific Plan. Pursuant to the underlying R-l zone, agriculture crops such as a community garden are identified as a permitted use and a garden shed is identified as an accessory use. As discussed above, the proposed garden shed complies with all development and designs standards of Specific Plan 201. CDP 10-22 - BARELMANN PROPERTY January 19,2011 Page 4 D. Coastal Development Policies and Regulations for the Mello II Segment and Coastal Resource Protection Overlay Zone (CMC Chapter 21.203) 1. Conformance with the Certified Local Coastal Program and all applicable policies. The project is located in the Mello II Local Coastal Program Segment. The project is to allow a 198 square foot garden shed for a community garden. As shown in Table 2 and discussed below, the proposed garden shed complies with all applicable LCP provisions. TABLE 2 - COASTAL DEVELOPMENT STANDARDS COASTAL DEVELOPMENT COMPLIANCE TABLE STANDARD LCP Land Use Plan General Plan Zoning Grading Permit Required Hillside Development Permit Required Native Vegetation Impacts COMPLIANCE R-l-10,000 RM R-l-10,000 (SP 201) No No None Agricultural uses of a community garden exist on the site, and the property is not within the Coastal Agricultural Overlay Zone. There are no sensitive coastal resources on the pre-graded lot and the lot is not located in an area of known geologic instability or flood hazard. 2. Conformance with public access and recreation policies of Chapter 3 of the Coastal Act. No public opportunities for coastal shoreline access are available from the subject site and no public access requirements are conditioned for the project since it is not located between the first public road and the ocean. The residentially designated site is not suited for water-oriented recreation activities and the development does not obstruct views of the coastline as seen from public lands or the public right of way. 3. Coastal Overlay Zones. The subject site is located in the Coastal Resource Protection Overlay Zone; however, due to its location and the absence of slopes steeper than 25% inclination and/or native vegetation, additional submittals, standards or requirements do not apply. The project will not require a grading permit. Construction of the project will adhere to the City's Master Drainage and Storm Water Quality Management Plan and Grading Ordinance to avoid increased runoff and soil erosion. V. ENVIRONMENTAL REVIEW The Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15303 - New construction of small CDP 10-22 - BARELMANN PROPERTY January 19,2011 Page 5 structures) of the State CEQA Guidelines and will not have any adverse significant impact on the environment. ATTACHMENTS; 1. Planning Commission Resolution No. 6750 2. Location Map 3. Disclosure Form 4. Background Data Sheet 5. La Costa Downs Specific Plan (SP 201) Architectural Guidelines 6. Planning Director's approval letter dated November 10, 2010 7. Appeal letter dated November 23, 2010 8. Exhibits "A" - "C" dated January 5, 2011 NOT TO SCALE SITEMAP Barelmann Property CDP 10-22 DISCLOSURE Development Services ^ STATEMENT Planning Department CITYOF D 4/A\ 1635 Faraday Avenue CARLSBAD www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on ail applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. receiver; syndieater in tnia ana any others county, city ana county* * •!• •••••??• n^»wi%ji>f»j>&»••• f<jn ******n+9*n+m9***,f i**w»^»»«»-t^,iriO^K»>jBi.> iim.t •»?%*« ivt v»» >*•»»• %•». w »^*: fc*WMitw«n^m •*« uu 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separatepage may beattached if necessary.) Person •csfi>gi£ <ACJ£Unr\A/J >J Corp/Part Title l*)A<2£Af2j&jr fe^AgifAAj^O Title Address (oS\o •hre*AJCL\«gig'A.KJsx> Address 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Corp/Part Title Address™ -' " \ "•>^r — X<i,SAC P-1 (A) Page 1 of 2 Revised 04/09 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust. list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust M /»ft Non Profit/Trust • Title Title Address Address 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. I certifyjhat all the above information is true and correct to the best of my knowledge. 7/23//Q ignature of owner/date Signature/of applicant/date Print or type name of owner Print or type name of applicant / Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent Page 2 of 2 Revised 04/09 BACKGROUND DATA SHEET CASE NO:CDP 10-22 CASE NAME: BARELMANN PROPERTY APPLICANT: Robert Barelmann REQUEST AND LOCATION: Appeal of a Planning Director's decision to approve a Minor Coastal Development Permit, to allow a 198 square foot garden shed for a community garden located on a residential lot at 6479 Surfside Lane south of Island Way and east of Carlsbad Boulevard within the Mello II Segment of the City's Local Coastal Program and within Local Facilities Management Zone 22. LEGAL DESCRIPTION: Lot 5 in Block 24 of La Costa Downs. Unit No. 1 in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 2013, filed in the Office of the County Recorder of San Diego County on April 6, 1927 APN: 214-021-11 Acres: JJ_ Proposed No. of Lots/Units: N/A GENERAL PLAN AND ZONING Existing Land Use Designation: RM (Residential Medium) Proposed Land Use Designation: N/A Density Allowed: One Unit Density Proposed: N/A Existing Zone: SP 201 (La Costa Downs Specific PlanVR-1-10.000 Proposed Zone: N/A Surrounding Zoning, General Plan and Land Use: General Plan Site North South East West SP201 (R-l-10,000) SP201 (R-l-10,000) SP201 (R-l-10,000) R-l-10,000 Open Space RM RM RM RM Open Space Current Land Use Community Garden Vacant Vacant Single-family residence Vacant LOCAL COASTAL PROGRAM Coastal Zone: 1X1 Yes I I No Local Coastal Program Segment: Mello II Within Appeal Jurisdiction: Q Yes [X] No Coastal Development Permit: [x] Yes Local Coastal Program Amendment: Q Yes £<] No No Existing LCP Land Use Designation: RM Existing LCP Zone: R-1-10.000 Proposed LCP Land Use Designation: N/A Proposed LCP Zone: N/A Revised 01/06 PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): One ENVIRONMENTAL IMPACT ASSESSMENT IXI Categorical Exemption, Section 15303 -New constructions of small structures. I | Negative Declaration, issued Certified Environmental Impact Report, dated_ Other, Revised 01/06 Attachment 5 La Costa Downs Specific Plan (SP 201) Architectural Guidelines III. ARCHITECTURAL GUIDELINES SITE DESIGN: In La Costa Downs, as in all small lot subdivisions, architecture becomes a very important element in the overall design. The La Costa Downs Specific Plan does not propose one style of architecture nor one set of design standards; however, architecture utilizing elements of good design is desired. On the following pages, a series of architectural guidelines and schematics are presented to provide additional guidance to property owners. It should be noted that the schematics and building envelopes are prototypes and are not intended to constrain more creative solutions. 13 SITE DESIGN o 60' TYPICAL 12 MIN SEPARATION 15 MIN REAR YARD SETBACK QARAGE TYPICAL BUILDING ENVELOPE EXAMPLE FLOOR PLAN EXAMPLE LOT SIZE: 60' x 80'LOT WIDTHS AND DRIVEWAY LOCATIONS DESIGNED TO ACCOMMODATE ONE ON-STREET PARKING SPACE PER RESIDENCE * City standards require minimum 5 foot positive drainage away from building fooling or 3 foot upon Soils Engineer recommendation. Other standards govern berm height and width requirements along top of slope. Drainage details to be approved by City Engineer at time of building plancheck. 14 o o CORNER LOT TREATMENT USE SINGLE STORY SINGLE STORY STRUCTURE Off SET BACK TWO STORY ELEMENT TWO STORY STRUCTURE ONE STORY STRUCTURE Off INCREASE SIDEYARD SETBACK RIGHT-OF-WAY PROPERTY UNE <4.6' !, 16' 4.8' SIDEWALK r TWO STORY 10' MNMUM STREET SOEYARO SETBACK FOR CORNER LOT ADDITIONAL 5' FOR ^* TWO STORY STRUCTURE 15 In two-story structures varied and horizontally offset floor plans can be used to produce exterior building and roof plane articulation. See Figure 3, page 22. In two-story structures, scale and vertical transition can be created in the front of the structure by "stepping back" the second story and providing a partial roof or trellis at the top of the first floor level. This eliminates continuous two-story vertical building planes. See Figure 3, page 22. An accent window having a different or articulated shape (e.g., rounded, diamond and/or with contrasting moldings) or with a finer texture (e.g., many small panes) can be used to create interest on building elevations. See Figure 3, page 22. Visual focus can be created through increasing texture, detail, color or trim in the architectural feature to be emphasized. Articulation of entries including doors, alcoves, entry walls, gates, overhead trellises/sunroofs, light fixtures, and contrasting colors, are common methods of creating building visual/functional focus and sense of identity. See Figure 3. page 22. The texture and character of composition shingle roofs can be enhanced by using thick butt shingles and by adding double shingles along the hips and ridgelines of the roof. When used on roofs, solar energy equipment such as solar panels, solar modules or piping should be well integrated into roof design in terms of placement and color. To reduce the visual impacts on the traveling public using Carlsbad Boulevard, the rear building elevations on the homes backing up to Carlsbad Boulevard (a Scenic Corridor) shall integrate off-set building planes and articulated windows and doors into the architectural design. 17 FIGURE 1 RESIDENTIAL ARCHITECTURE STREETSCAPE ELEMENTS STREETSCAPE ELEMENTS WHICH CREATE INTEREST: • • VARIED ROOF HEIGHTS •» VARIED ROOF TYPES (EQ.HIPAHD GABLE ROOF) ' VARIED BUILDING FACADE TREATMENTS (ENTRIES,GARAGE DOOR,A CCENT FEA TURES) STREETSCAPE ELEMENTS WHICH CREATE UNITY: -SIMILAR ROOF AND STRUCTURE SIOMQ MATERIALS • SIMLA* AND PERIODICALLY OCCUMMG STREET TREES. 18 FIGURE 2 RESIDENTIAL ARCHITECTURE GARAGE FRONT ORIENTATION TWO-CAR QARAQe DOOMS HTRODUCED MTO ST»£ET scene A vocs MONOTANY, AND ALLOWS ADUTtONAL ARCHTTECTURAL ffTEHEST. • ARCHITECTURALLY SOFTEN SIDE OF QAHAQE VISI8LE TO THE STPEET. - ORIENT SOMe QARAOC DOORS FOB SIDE ENTRY WHERE POSSIBLE TO ARCHITECTURAL. TREAT THIRD GAP A TO SOFTEN IMP A l 19 FIGURE 3 ARCHITECTURAL DESIGN ELEMENTS BUILDING FACADE ARTICULATED ROOF PLANES FOR VARIETY. OFFSET FLOOR PLANS AND STEPPED BACK PARTIAL ROOF. ARCHTECTURAL ACCENT FEATURES: • UHOue WINDOWS • ELABORATED CHIMNEY. COMMON ROOF AND TMM MA TERIALS CREATE UNfTY. VARIED OARAGE DOOR AND ENTRY TREATMENTS FO* iNTBtesT AND MOMOUAL 20 FIGURE 4 RESIDENTIAL ARCHITECTURE BUILDING FACADE VARIATION VAMgD QAfiAQC SfTiACKS AMD JUL0MO 4*CMroC7UMi FACAOfc*e*re HTEREST 21 C. BUILDING MATERIALS: •< A plain surface should be embellished through the use of localized contrasting materials as accents or trims. 4 To provide interest and/or architectural accents on structures predominately finished in stucco, moldings, cornices, insets or offsets should be used. Similarly, to create interest, portion of the exterior building surface should be covered with a complimentary building material, texture, or color. * Instead of using contrasting materials on the same flat building surface it is best to offset the contrasting materials on different building planes. « Any bare metallic surfaces (vents, pipes, gutters, flashing, etc.) should be painted or covered from view in a manner harmonious with the general exterior architectural treatment of the building. * To better complement natural materials and earth tone colors commonly found in contemporary residential structures, the covering of metallic aluminum frames around doors or windows by wood, brick or stucco trim systems is encouraged. Anodized aluminum window frames are also appropriate. •« Driveway materials that retain their original beauty and strength such as textured concrete, brick, tile or conglomerate are encouraged outside the City right-of-way. •< Trees should be used to interrupt the appearance of a long, horizontal building mass. 22 CITY OF //0/ V CARLSBAD Planning Division November 10, 2010 MINOR COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION 1 1 /0/0 www.carlsbadca.gov Robert Barelmann 6510 Franciscan Rd Carlsbad CA 92011 SUBJECT: CDP10-22-BARELMANN PROPERTY ' ' ' The City has completed a review of the application for a Minor Coastal Development Permit to allow a 198 square foot garden shed for a community garden located on a residential lot (APN 214-021-11-00) south of Island Way and east of Carlsbad Boulevard within the Mello II Segment of the City's Local Coastal Program. It is the Planning Director's determination that the project, CDP 10-22 - BARELMANN PROPERTY, is consistent with the applicable Coastal Development Regulations (Chapters 21.201 - 21.205 of the Carlsbad Municipal Code) and with all other applicable City ordinances and policies. The Planning Director, therefore, APPROVES this request based upon the following: 1. That the total cost of the proposed development (198 square foot garden shed) is less than $60,000. 2. That the proposed development requires no discretionary approvals other than a Minor Coastal Development Permit. 3. That the proposed garden shed is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act and in that the property is not located adjacent to the shore and therefore the project will not interfere with the public's right to physical access to the ocean nor are water-oriented recreation areas required of the residentially designated property. 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, Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. No natural steep slopes greater than a gradient of 25% are 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. 5. That the proposed garden shed is in conformance with the Certified Local Coastal Program and all applicable policies in that: • The property is located within the La Costa Downs Specific Plan (SP 201) and is zoned R-1-10,000 (One-Family residential zone); 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 0 ,lv.,MCDP 10-22 - BARELiv.. dMN PROPERTY / November 10, 2010 Page 2 • Permitted uses allowed by SP 201 include accessory structures permitted in the underlying R-1-10,000 zone that are incidental to the primary use of the property; • The R-1 zone permits agriculture as a primary use and a garden shed is a permitted accessory structure to this primary agriculture use; • The Mello II Land Use Plan designates the subject property for RM (Residential Medium) density development; • Specific Plan 201 is the implementing zoning for the Mello II Local Coastal Program on this property; • The proposed garden shed is therefore consistent with the Mello II Land. use designation of RM; ' • The 198 square foot garden shed complies with all applicable development standards of SP 201 and the R-1 zone; • The one story (12.5' tall) garden shed 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 sensitive resources exist on site; and, • The proposed garden shed is not located in an area of known geologic instability or flood hazard. 6. The project is not located between the sea and the first public road parallel to the sea, and therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance). 7. That the request for a Minor Coastal Development Permit was adequately noticed from September 30, 2010 to October 21, 2010 at least fifteen (15) working days before the date of this decision pursuant to Section 21.201.080(6) and (C) of the Carlsbad Coastal Development Regulations. 8. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X of the Local Coastal Program Mello II Segment Land Use Plan, certified September 1990 and, therefore, is not subject to the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance). 9. That the Planning Director 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 categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15303 - New Construction of Small Structures of the state CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 10. The project is located within the La Costa Downs Specific Plan and complies with all of the development standards of the specific plan. Additionally, the La Costa Downs Specific Plan architectural guidelines are not applicable to the garden shed since the guidelines pertain to single-family residences only and not to accessory structures. 11. That the Planning Director 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 CDP 10-22 - BARELMANN PI _>ERTY November 10, 2010 Page 3 extent and the degree of the exaction is.in rough proportionality to the impact caused by the project. Conditions: 1. The Planning Director does hereby APPROVE the Minor Coastal Development Permit, CDP 10-22, for the project entitled BARELMANN PROPERTY (Exhibits "A-C"), dated November 10, 2010, on file in the Planning Department 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 ko- . 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. 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. The 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 non-discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby. 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. 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 Planning Director, notifying all interested parties and successors in .CDP 10-22 -BARELtmiN PROPERTY November 10, 2010 Page 4 _ 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 Planning Director 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. 9. 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. NOTICE / f This decision may be appealed by you or any member of the public to the Planning Commission within ten 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 $613.00 plus noticing costs. The filing of such appeal within such time limit shall stay the effective date of the order of the Planning Director until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Chris Sexton at (760) 602- 4624. 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. CITY OF CARLSBAD CHRIS DeCERBO Principal Planner CD:CS:bd : .. ; c: Coastal Commission (NoFA) Don Neu, City Planner Chris DeCerbo, Principal Planner Clyde Wickham, Project Engineer Glen Van Peski, Senior Civil Engineer , Mike Peterson, Development Services Manager ; File. Copy Data Entry, . Interested Parties November 22, 2010 v APPEAL Secretary, Carlsbad Planning Commission City of Carlsbad RECEIVED 1635 Faraday Avenue Carlsbad, CA 92008 NOV 2 3 2010 Subject: CDP 10-22 - BARELMANN PROPERTY CITY Of: CARLSBAD APPEAL OF DECISION TO ISSUE MINOR COASTALpLANNING DEPT DEVELOPMENT PERMIT On behalf of most of the property owners and residents of Surfside Lane in Carlsbad, we are formally filing an appeal of the decision by the Planning Director to issue a Minor Coastal Development Permit to allow a 198 square foot garden shed for a community garden located on a residential lot (APN 214-021-11-00) south of Island Way and east of Carlsbad Boulevard within the Mello II Segment of the City's Local Coastal Program. The project is located within the La Costa Downs Specific Plan SP 201. The Planning Director concluded that the garden shed does not have to comply with all of the requirements of the Specific Plan. We respectfully disagree with that decision and are asking for the opportunity to have the issue reviewed by the Planning Commission. We are submitting the request within 10 days of receiving written notice of the Planning Director's decision along with $613 plus noticing costs as required. The owners and residents on Surfside Lane ask that you direct any questions regarding this request to either William Wisener (760-804-9179) or David Seeley (760-431-8959). Thank you. Richard & Marion Donahue William & Barbara Wisener 6458 Surfside Lane 6497 Surfside Lane Guy & Lisa Oliver Watyne 6467 Surfside Lane 6503 Surfside Lane David & Elaine Seeley 6491 Surfside Lane //EL RECEIVED 06 CITY OF CARLSBAD (^ PLANNING \°l ^.72.77. ir& 2y -z. nT/^w T ~rr