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HomeMy WebLinkAboutSUP 2022-0008; RUTTER LANDSCAPE PLAN; Admin Decision LetterApril 6, 2023 Lindsey Rutter {'city of Carlsbad E]FILE COPY 1658 Calliandra Road Carlsbad CA 92011 SUBJECT: SUP 2022-0008 (DEV 2022-0184) RUTTER LANDSCAPE PLAN -Request for approval of a Minor Special Use Permit SUP 2022-0008 to encroach into an open space easement to construct a pool, spa, fire pit and related rear yard patio improvements at 1658 Calliandra Road, APN 215-900-55-00.The project site is subject to the Aviara Master Plan MP 177DD and is located in the Planned Community (P-C) Zone and Local Facilities Management Zone 19. The property is also located in Mello I Segment of the coastal zone. Dear Lindsey Rutter, The City Planner has completed a review of your application for a Minor Special Use Permit SUP 2022- 0008 for an encroachment into an open space easement at 1658 Calliandra Road. A notice was sent to property owners within a 300' radius of the subject property requesting comments regarding the above request. Comments were received within the ten-day notice period (ending on January 9, 2023), but no administrative hearing was requested. After careful consideration of the circumstances surrounding this request, the City Planner has determined that the findings required for granting a Minor Special Use Permit can be made and therefore, APPROVES this request based on the following findings and conditions. Findings: 1. That the requested use is necessary or desirable for the development of the community, and is in harmony with the various elements and objectives of the general plan, including, if applicable, the certified local coastal program, specific plan or master plan in that in accordance with the General Plan and Aviara Master Plan (MP 177DD), a pool, spa, and related rear yard patio improvements are compatible accessory uses to a one-family dwelling under the R-4 Residential (R-4) General Plan Land Use Designation and are desirable accessory uses in the community. The requested uses comply with all Mello I Segment policies of the Local Coastal Program. In addition, multiple single- family residential properties in the neighborhood have pools and spas in the rear yard. 2. That the requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located in that the proposed accessory uses comply with MP 177DD which defers to the development standards of the R-1-7,500 Zone. The pool, spa, and related backyard patio improvements are directly associated with the primary use, a one-family dwelling. The accessory uses are compatible with the surrounding single-family residences, some of which have pools and spas. No additional parking is required for the accessory uses. Community Development Department Planning Division J 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov SUP 2022-0008 (DEV 2023-0184) -RUTTER LANDSCAPE PLAN April 6, 2023 Page 2 3. That the site for the proposed special use is adequate in size and shape to accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas, landscaping and other development features prescribed in this code and required by the City Planner in order to integrate the use with otheruses in the neighborhood in that the pool, spa, and patio will occupy approximately 700 square feet of back yard space, complying with all setbacks pursuant to MP 17700. In addition, the requested use complies with the Hillside Development Ordinance in that no further development into the toe of the uphill perimeter slope is proposed under this request. Landscape improvements are existing and no additional parking is required. Parking is provided by the existing three-car garage. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use in that no increase in the average daily trips (ADTs) is associated with the proposed accessory uses. 5. That the City Planner 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(e) -New Construction or the Conversion of Small Structures of the state CEQA Guidelines. 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. 6. That the request for a Minor Special Use Permit was adequately noticed at least ten (10) calendar days before the date of this decision pursuant to Section 21.54.060 of the Carlsbad Municipal Code. 7. The City Planner has reviewed each of the exactions imposed on the Developer contained in this approval letter, and hereby finds, ir:t 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: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of the building permit. 1. Approval is granted for SUP 2022-0008 (DEV2022-0184) as shown on Exhibits "A-B" dated April 6, 2023 on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 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 Special Use Permit. SUP 2022-0008 (DEV 2023-0184) -RUTTER LANDSCAPE PLAN April 6, 2023 Page 3 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the SUP 2022-0008 (DEV2022-0184) -RUTTER LANDSCAPE PLAN 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 approvalshall require an amendment to this approval. 4. 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 Special Use 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, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 5. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. 6. This project shall comply with all conditions and mitigation measures, which are required as part of the Zone 19 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from Carlsbad School District that this project has satisfied its obligation to provide school facilities. 8. 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 residential housing 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. 9. Prior to the issuance of a building permit, owner/applicant 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 Special Use Permit on the real property owned by the owner/applicant. 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 owner/applicant or successor in interest. 10. 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. 11. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. SUP 2022-0008 (DEV 2023-0184} -RUTTER LANDSCAPE PLAN April 6, 2023 Page4 Code Reminders: 12. 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 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 the 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. ' This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $847. 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. If you have any questions regarding this matter, please feel to contact Edward Valenzuela at {442) 339-2624. Sincerely, CLIFF JONES Principal Planner CJ:EV:JC c: Eric Lardy, City Planner Linda Ontiveros, Project Engineer Laserfiche/File Copy Data Entry