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