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HomeMy WebLinkAboutCDP 00-14; Buena Vista Gardens; Coastal Development Permit (CDP) (8)-. City of Carlsbad August 30,200O John A. DeYoung 2411 Buena Vista Circle Carlsbad Ca 92008 SUBJECT: CDP 00-14 - BUENA VISTA GARDENS The City has completed a review of the application for a .Minor Coastal Development Permit to construct a rear yard swimming pool at 2411 Buena Vista Circle. It is the Planning Director’s determination that the project, CDP 00-14, Buena Vista Gardens, is consistent with the applicable City’s Coastal Development Regulations (Chapters 21.201 - 21.205) and with all other applicable City ordinances and policies. The Planning Director, therefore, APPROVES this request based upon the following: Findings: 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 has no adverse effect individually or cumulatively on coastal resources or public access to the shoreline or the coast, in that no coastal resources or opportunities for coastal access are available from the subject site. 4. That the proposed development is in conformance with the Mello II Certified Local Coastal Program and all applicable policies in that the site is designated for residential uses. 5. 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. A lateral public access easement previously existed on the subject site however was vacated on 4/27/67. 6. That this request for a minor coastal development permit was adequately noticed at least fifteen (15) working days before the date of this decision pursuant to 1635 Faraday Avenue - Carlsbad, CA 92008-7314 - (760) 602-4600 l FAX (760) 602-8559 CDP 00-14 - BUENA . ,5TA GARDENS August 30,200O Paqe 2 Section 21.201.080(B) and (C) of the Carlsbad Coastal Development Regulations. 7. That the Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301 of the State CEQA Guidelines and will not have any adverse significant impact on the environment. 8. The subject site is located in the Coastal Resource Protection Overlay Zone, however, the proposed development (below ground pool) is not encroaching into slopes of twenty-five percent inclination and/or vegetation and therefore additional submittals, standards or requirements do not apply. The project has been conditioned to remove excavated soils that were illegally deposited onto the northwesterly facing rear slope and to vegetate the slope back to its natural state. The project does not require a grading permit. Conditions: 1. The Planning Director does hereby APPROVE the Minor Coastal Development Permit, CDP 00-14, for the project entitled “Buena Vista Gardens” (Exhibit A), dated August 31, 2000, on file in the Planning Department and incorporated by this reference, subject to the conditions herein set forth. 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 substantially different from this approval, shall require an amendment to this approval. 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; 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 CDP 00-14. 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 00-14 - BUENA v ,STA GARDENS August 30,200O Paqe 3 4. The Developer shall comply with all applicable provisions of federal, state, and local ordinances 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, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 7. This approval shall become null and void if building permits are not issued for this project within 18 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 CFD #I 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 and not paid, this approval will not be consistent with the General Plan and shall become void. 9. Developer shall remove all soils that were deposited onto the west facing slope and restore vegetation to its natural state to stabilize the disturbed area to the satisfaction of the City of Carlsbad. Enqineering 10. Remove all excess soil from excavation of ,pool that was placed on the slope, and stabilize existing slope.. 11. Prior to hauling dirt or construction materials to or from the site, owner shall apply for and obtain approval from, the City Engineer for the proposed haul route. 12. Need to revegetate slope below proposed pool. CDP 00-14 - BUENA . .6TA GARDENS August 30,200O Paqe 4 13. All proposed area drains must be connected to the existing drainage easement running along the southern property line. CITY OF CARLSBAD MICHAEL J. HOLZMILLER Planning Director MJH:GF:cs c: Gary Wayne Chris DeCerbo Bobbie Hoder Joanne Juchniewicz File Copy Data Entry Planning Aide Coastal Commission City of Carlsbad July 27, 2000 John A. DeYoung 241 1 Buena Vista Circle Carlsbad, Ca 92008 SUBJECT: CDP 00-14 - BUENA VISTA GARDENS Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Coastal Development Permit, application no. CDP 00-14, as to its completeness for processing. The items requested from you earlier to make your Coastal Development Permit, application no. CDP 00-14 complete have been received and reviewed by the Planning Department. It has been determined that the application is now complete for processing. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. Please note that although the application is now considered complete, there may be issues that could be discovered during project review and/or environmental review. Any issues should be resolved prior to scheduling the project for public hearing. In addition, the City may request, in the course of processing the application, that you clarify, amplify, correct, or otherwise, supplement the basic information required for the application. Please contact your staff planner, Greg Fisher, at (760) 602-4629, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, Planning Director MJH:GF:cs C: Chris DeCerbo Joanne Juchniewicz File Copy Data Entry Planning Aide 1635 Faraday Avenue - Carlsbad, CA 92008-7314 l (760) 602-4600 l FAX (760) 602-8559 LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION No. CDP 00-14 - Buena Vista Gardens Planning: None Engineering: None ISSUES OF CONCERN Planning: 1. 2. The existing non-permitted decks are currently under review. The Coastal Development Permit will be conditioned to remove any soils that were deposited onto the slope and to restore vegetation on the slope. Engineering: Under Review