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HomeMy WebLinkAboutCDP 04-61; Hallock Second Dwelling Unit; Coastal Development Permit (CDP) (2)t feerr^a^ 9 7 /7V9 CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPARTMENT USE ONLY) (FOR DEPARTMENT USE ONLY) • Administrative Permit • Planned Industrial Permit • Administrative Variance • Planning Commission Determination Coastal Development Permit • Precise Development Plan • Conditional Use Permit • Redevelopment Permit • Condominium Permit • Site Development Plan • Environmental Impact Assessment • Special Use Permit • General Plan Amendment • Specific Plan • Hillside Development Permit • Tontativo Parcel Map Obtain from Engineering Department • Local Coastal Program Amendment • Tentative Tract Map • Master Plan • Variance • Non-Residential Planned Development • Zone Change • Planned Development Permit • List other applications not specified 2) 3) 4) ASSESSOR PARCEL N0(S). PROJECT NAME: Uf^Li <:Acr>K^b TNtjLjfi/-^//^^ Ut7i-T BRIEF DESCRIPTION OF PROJECT: rnL^i^^ rPST^rsKi Y^f^^-rej^ Su .T^ ro 5) OWNER NAME (Print or Type) J^KJIO lA. l~l^LLCicJ<L 6) APPLICANT NAME (Print or Type) MAILING ADDRESS V>.0' /S^OV 30?<b MAILING ADDRESS CITY AND STATE ZIP TELEPHONE GITY AND STATE ZIP TELEPHONE EMAIL ADDRESS: EMAiL ADDRESS: 1 CERTIFY THAT 1 AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE,^-^ 1 CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE SIGNATURE DATE 7) BRIEF LEGAL DESCRIPTION NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. DtV 05001 Form 14 Rev. 12/04 PAGE 1 OF 5 8) LOCATION OF PROJECT: ON THE BETWEEN (NORTH, SOUTH, EAST, WEST) STREET ADDRESS SIDE OF (NAME OF STREET) AND (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS / 13) TYPE OF SUBDIVISION 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 22) EXISTING ZONING 25) 11) NUMBER OF EXISTING RESIDENTIAL UNITS 14) PROPOSED IND OFFICE/ SQUARE FOOTAGE 17) PROPOSED INCREASE IN ADT 20) EXISTING GENERAL PLAN 23) PROPOSED ZONING (NAME OF STREET) 12) PROPOSED NUMBER OF RESIDENTIAL UNITS 15) PROPOSED COMM SQUARE FOOTAGE 18) PROPOSED SEWER USAGE IN EDU 21) PROPOSED GENERAL PLAN DESIGNATION 24) HABITAT IMPACTS IF YES, ASSIGN HMP # Y/N IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE ^<9tc^,t.<^ >^*.».:c^ ySi^/^vv*7<UL.*-te )-y^i.vv9u«erw*ci C7^ti- */aV- SIGNATURE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE TOTAL FEE REQUIRED FEE REQUIRED RECEIVED DEC 3 0 2004 DATE s-fiffi^€MEiCMR(jg|^KgyED PLANNING DEPT RECEIVED BY: Form 14 Rev. 12/04 PAGE 2 OF 5 Q 3 City of Carlsbad 163 5 Faraday Avenue Carlsbad CA 92 00! Applicant: HALLOCK ANN H Description CDP04061 Amount 963 .33 Receipt Number: R0047211 Transaction Date: 12/30/2004 Pay Type Method Description Amount Payment Check 117 963.33 Transaction Amount: 963.33 8610 i2./30./04 0002 01 02 CGF" 963.3.3 CITY OF CARLSBAD APPLICATION REQUIREMENTS FOR; COASTAL DEVELOPMENT PERMIT (SINGLE FAMILY REGULAR AND MINOR) COASTAL DEVELOPMENT PERMIT SUPPLEMENTAL APPLICATION (FOR ALL COASTAL DEVELOPMENT PERMITS) This supplemental application is to be filed for any development requiring a Coastal Development Pemiit issued by the City of Carisbad. **Applicatioti checklist for Non-Single Family Regular Coastal Development Permits covered under separate handout A proposed project requiring that multiple applications be filed must be submitted prior to 3:30 p.m. A proposed project requiring that only one application be filed must be submitted prior to 4:00 p.m. All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared at the same scale. (Use a scale no smaller than 1" = 40'.) This supplemental application is to be filed for any development requiring a Coastal Development Permit issued by the City of Carlsbad. I. GENERAL BACKGROUND A. Estimated Cost of Development: Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit. The Plaiming Director shall make the fmal determination regarding a project's cost of development. The primary basis for determining cost of development will be the application of dollar costs per square foot for different types of residential construction. These costs are set by the hitemational Conference of Building Officials (ICBO) and are apphed throughout San Diego County. Please complete the following infonnation to assist in the determination of this project's cost of development (Contractor proposals may also be submitted for consideration by the Planning Director). Please refer to the current fee schedule for the appropriate $/square foot fee rate. => New Residential Square Footage: f^. square feet x $ /sq. ft. = $ => Residential Addition Square Footage: _ square feet x $ ^/sq. ft. — $ => Any Garage Square Footage: •1^' square feet x $ Isq. ft. = $ => Residential Conversion Square Footage: square feet x $ /sq. ft. - $ => Please contact the City of Carlsbad Building Department for current fee rate for Non- Residential uses (i.e. Retail/Store; Restaurants; Office; and Manufacturing/Warehouse uses.) ' . square feet x $ l&q. ft. - $ COST OF DEVELOPMENT ESTIMATE: $ Form 13 Revised 04/04 Page 1 of 7 B. Do you wish to apply for: 1. A Minor Coastal Development Permit (Under $60,000 cost estimate) 2. A Regular Coastal Development Permit ($60,000 or more cost estimate) \7\ C. Street address of proposed development D. Assessor's Parcel Number of proposed development E. Development Description: Briefly describe proiect: r.Qt^ve&r- Wvia>s.rg>fc. <S&Ta£onm S'/iiT.p F. Describe that surround the proposed development to the: North: S<»o&L_g Fftrr%n.V lAcsvYvg South: " East: " " West: G. Is project located within a 100-year flood plain? [^Yes 771 II. PRESENT USE OF PROPERTY A. Are there existing structures on the property? ~^Yes • No If yes, please describe. B. Will any existing structure be removed/demolished? • ves ^ No If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). III. LOT COVERAGE A. Existing and Proposed A Existing New Proposed Total Building Coverage sq. ft. -Q- sq. ft. sq. ft. Landscaped Area sq. ft. sq. ft. sq. ft. sq. ft. -O- sq. ft. sq. ft. Hardscape Area Unimproved Area (Left Natural) sq. ft. -"6- sq. ft. sq. ft. **************************************** Form 13 Revised 04/04 Page 2 of 7 B. Parking: Number of existing spaces ""^^ Number of new spaces proposed Existing/Proposed TOTAL: Number of total spaces required Number of covered spaces Number of uncovered spaces Number of standard spaces Number of compact spaces Is tandem parking existing? Is tandem parking proposed? • Yes# • NO • NO Grade Alteration: Is any grading proposed? • YCS ^^No If yes, please complete the following: A 1. Amount of cut ^ A cu. yds. 2. Amount of fill CU. yds. 3. Maximum height of fill slope feet 4. Maximum height of cut slope feet 5. Amount of import or export cu. vds. 6. Location of borrow or disposal site • •••••••••••• Form 13 Revised 04/04 • • • • • • ••••••••••• Page 3 of 7 PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: A-FFo<£-T:>A/ace MoDsito^ DM'IT APPLICANT NAME: yq ^,^ lA. Mia>u-ocJ< Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: ^ - la ***** tJC** C^'O*^ %^-Uje.V> AT •^MAT•T•i/v^e . C^uV ^PP'- :t> ra /2e /t«ST* Project Description 10/96 Pagel of 1 o City of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership Interests on all 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. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 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, title, 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.) Person AKIA^ /-/• J4JQI2.i.a cJ\^ Corp/Part Title r)^jA)^./g- Title \ Address A^. /g^o^ a6 y-d Address 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, title, 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.) Person AK.NJ MMV/^<? /~l^ij, e,c\^ Corp/Part Title (^uj>fO(S>e. Title Address I^O^ 4<»r SQ^4 Address, 1635 F^a(»y ywwiue • CaHstiSKl, CA ge(X!a-73M • (7601 i802-*)6(» • FAX (TBQ) 602-6€&^ • '^ww.ci ^inlabad.ca.us 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 Non Profit/Trust Title Title Add ress Add ress 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? • ves ^ No If yes, please indicate person(s):, NOTE: Attach additional sheets If necessary. I certify that all the above information is true and correct to the best of my knowledge. Signature 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 H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 CITY OF CARLSBAD - AFFIDAVIT OF COMPLIANCE FOR A SECOND DWELLING UNIT Instmctions to Propertv Owner (Affiant): Please type or print complete and accurate answers in all blank spaces in Section I. Please read carefully, particularly Section II. Please read, sign and date Section III indicating that you understand and agree with the conditions of comphance. SECTION I - INFORMATION Property owner(s): Property Address: Subdivision: Project Number: L Name(s) Street Address City State Zip Code 06-7' 046- Col- oo / or Name Lot/Bloclc Ha liotK SeaonJ Oooe/ffn Parcel No. Oi (jMff SECTION II - CONDITIONS FOR COMPLIANCE PLEASE READ CAREFULLY 1. A second dwelling unit is an attached or detached dwelling unit which is located on the same lot as an existing owner-occupied single-family detached dwelling unit and is: a. Suitable for use as a complete living facility with provisions within the facility for cooking, eating, sanitation and sleeping; b. Occupied by one or more persons; and c. Subordinate to the main dwelling unit. 2. The Property Owner(s) hsted above hereby certifies that he/she owns the above referenced property, as of the date of this affidavit, and to his/her beUef and knowledge, there are no conditions, covenants or restrictions on the property prohibiting a second dwelling vmit apartment. 3. The Property Owner(s) agrees to the following terms and conditions: FRM0006 6/03 PAGE 1 OF 2 a. The properrjT^d residence referenced above must n«i/contain a second residential dwelling unit xmless it is in compliance with the second dwelling unit provisions of the Zoning Ordinance ofthe City of Carlsbad. b. The Property Owner(s) shall reside in either the main dwelling unit or second dwelling unit described above, now, and for the life of this agreement, unless a lessee leases both the main dwelling unit and the second dwelling unit. c. The Second Dwelling Unit may only be rented and shall not be sold separately from the main dwelling unit, unless the lot on which such units are located is subdivided. d. The Property Owner(s) agree to rent the Second Dwelling Unit at a monthly rental rate which shall not exceed an amount equal to 30% of the gross monthly income of a low- income household, adjusted for household size, at 80% of the San Diego Coimty median income. e. A copy of this agreement and Affidavit must be given by the Property Owner(s) to prospective purchasers of the property prior to entering into a sales contract for said property. SECTION III - AFFIRMATION AND AGREEMENT I HEREBY DECLARE AND AFFIRM, under penalty of perjury, that all matters and facts set forth in this agreement are true and correct to the best of my knowledge, information and belief, and that I (we) understand, accept and will abide by the regulations, requirements, and standards goveming the Second Dwelling Unit. BY: BY: Property Owner Date Property Owner Date Owner's Telephone Number(s): r W ) ^ f-g/^ /( ) Home Office FRM0006 6/03 PAGE 2 OF 2 City of Carlsbad Planning Department HAZARDOUS WASTE AND SUBSTANCES STATEMENT Consultation Of Lists of Sites Related To Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Wastes and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): \] The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. • The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Name: -ft Ajyj /-I A L^C> CJ<" Name: Address: Address: Phone Number: '9^^ 0^9>-<; Phone Number:. Address of Site: ~r/^ ?r) jc^/2 A<Li<L l^s/C Local Agency (City and County^: C7l^£jJiAA 1) ^./\/<P<S,Q C^ouTfy Assessor's book, page, and parcel number: jTy^ "7 Q Co b ^ IDV - 0>C^ Specify list(s): K; Q Regulatory Identification Number: K)A Date of List: Applicant Signature/Date Property Owner Signature/Date Admln/Counter/HazWaste 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ^ The Hazardous Waste and Substances Sites (Cortese Ust) is a planning document used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing Information about the location of hazardous materials release sites. Government Code section 65962.5 requires the California Environmental Protection Agency to develop at least annually an updated Cortese List. Below is a list of agencies that maintain information regarding Hazardous Waste and Substances Sites. Department of Tpxic Substances Control vwvw.dtsc.ca.gov/database/calsites Calsites Hotline (916) 323-3400 State Water Resources Control Board www.swrcb.ca.gov/cwphome/lusfis County of San Diego Certified Unified Program Agency (CUPA) Mike Dorsey Chief, Hazardous Materials Division Department of Environmental Health Services Hazardous Materials Management Division Mailing address: P.O. Box 129261 San Diego, CA 92112-9261 (619)338-2395 Call Duty Specialist for General Questions at (619) 338-2231 fax: (619) 338-2315 www.co.san-diego.ca.us Integrated Waste Management Board www.ciwmb.ca.gov 916-255-4021 Environmental Protection Agency National Priorities Sites ("Superfund" or "CERCLIS") www.epa.gov/superfund/sites/cursites (800) 424-9346 National Priorities List Sites in the United States www.epa.gov/superfund/sites/npl/npl.htm 5/19/03 City of Carlsbad Planning Department ADMINISTRATIVE COASTAL DEVELOPMENT PERMIT FOR A SECOND DWELLING UNIT NOTICE OF PENDING DECISION DATE: MARCH 7,2005 APPLICATION NUMBER: CDP 04-61 - HALLOCK SECOND DWELLING UNIT PROJECT DESCRIPTION: REQUEST TO CONVERT 611 SQUARE FOOT OF EXISTING LIVING SPACE INTO A SECOND DWELLING UNIT CONTAINED WITHIN THE EXISTING UNIT. LOCATION: THIS PROJECT IS WITHIN THE CITY OF CARLSBAD'S COASTAL ZONE LOCATED AT 1701 TAMARACK AVENUE BETWEEN PARK DRIVE AND SCOTT DRIVE. APN: 207-260-67 The proposed development is located within the City of Carlsbad's Coastal Zone. No fonnal public hearing is required for this application. However, written comments on this application may be submitted to the City. The Planning Director will make a decision on this application 15 working days after the date of this notice. Written comments to this proposed development should be addressed to the Planning Director, City of Carlsbad Planning Department, 1635 Faraday Avenue, Carlsbad, CA 92008. If you have any questions, comments or concems regarding this application please contact Chris Sexton, at the City of Carlsbad Planning Department, (760) 602-4624, Monday through Thursday - 7:30 a.m. - 5:30 p.m., or 8:00 a.m. - 5:00 p.m. Friday. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us City of Carlsbad ENGINEERING DEVELOPMENT SERVICES MEMORANDUM DATE: January 5, 2005 TO: Chris Sexton - Planning FROM: Taniya Barrows - Engineering SUBJECT: CDP 04-61 Hallock Second Dwelling Unit - Complete with Conditions The Engineering Department has completed its review of the above referenced project. The required items have been submitted therefore the project is complete. Engineering staff does not have any comments to add to the project. Please add the following conditions of approval to the approving resolution: ENGINEERING CONDITIONS Fees/Asreements 1. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 ofthe City of Carlsbad Municipal Code, respectively. If the applicant has any questions regarding these comments they can contact me directly at ext 2773. Taniya CARLSBAD FIRE DEPARTMENT Fire Protection Services PROJECT REVIEW REPORT PROJECT NAME: Hallock Second Dwelling Unit Date: 02/25/05 Project number: CDP 04-61 Staff Planner: C. Sexton Engineer: Preliminary comments: (Note: This commentary identifies missing information that must be included with the official project submittal. It may also identify fire protection issues associated with the project.) Fire approves of this application with no additional comments or conditions. GR c o City of Carlsbad Planning Department MINOR COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION March 28, 2005 Ann Hallock P O Box 3086 Tuba City, AZ 86045 SUBJECT: CDP 04-61 - HALLOCK SECOND DWELLING UNIT The City has completed a review of the application for a Minor Coastal Development Permit for the conversion request to convert 611 square foot of existing living space into a second dwelling unit contained within the existing unit. It is the Planning Director's determination that the project CDP 04 - 61 - HALLOCK SECOND DWELLING UNIT, 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 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. 6. That the request for a Minor Coastal Development permit was adequately noticed at least fifteen (15) working days before the date of this decision pursuant to Section 21.201.080(B) and (C) of the Cartsbad 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. 1635 Faraday Avenue • Carlsbaci, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us CDP 04-61 - HALLACK sit:6ND DWELLING UNIT March 28, 2005 Page 2 8. The subject site is located in the Coastal Resource Protection Overtay Zone, however, the proposed development (existing 611 square feet of living area) 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 does not require a grading permit. Conditions: 1. The Planning Director does hereby APPROVE the Minor Coastal Development Permit, CDP 04-61, for the project entitled "Hallock Second Dwelling Unit" (Exhibits A-B), dated Marcli 28, 2005, 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 nght 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 Coastal Development Permit. 3. Staff is authonzed 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 tie 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 Cartsbad, 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, CDP 04-61 - HALLACK ^OoND DWELLING UNIT March 28, 2005 Page 3 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 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 Carisbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carisbad 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. Approval is granted for CDP 04-61 as shown on Exhibits A-B, dated March 28, 2005, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless othenwise noted in these conditions. 10. 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 interest that the City of Carisbad 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. 11. 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. 12. Prior to hauling dirt or construction materials to or from any proposed construction site within this project. Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 13. Prior to issuance of any building permit. Developer shall comply with the requirements of the City's anti-graffiti program for wall treatments if and when such a program is formally established by the City. 14. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of the City of Carisbad Municipal Code, respectively. CDP 04-61 - HALLACK SECOND DWELLING UNIT O March 28, 2005 Page 4 15. The Planning Director has reviewed each of the exactions imposed on the Developer contained in this approval, and hereby finds, in 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. 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 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 Carisbad 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 othenwise expired. CITY OF CARLSBAD DON NEU, AICP Assistant Planning Director DN:CS:bd c: Van Lynch Taniya Barrows File Copy Data Entry Planning Aide 3/ Sjo'^' ''*mt^ Gitv of Carlsbad Planning Department March 2, 2005 Ann Hallock P 0 Box 3086 Tuba City, CA 86046 SUBJECT: CDP 04-61 - HALLOCK SECOND DWELLING UNIT Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Coastal Development Permit, application no. 04-61, as to its completeness for processing. The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. The City may, in the course of processing the application, request that you clarify, amplify, correct, or otherwise, supplement the basic information required for the application. In addition, you should also be aware that various design issues may exist. These issues must be addressed before this application can be scheduled for a hearing. The Planning Department will begin processing your application as of the date of this communication. Please contact your staff planner, Chris Sexton, at (760) 602-4624, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, DON NEU Assistant Planning Director DN:CS:aw c: Van Lynch Taniya Barrows, Project Engineer File Copy Data Entry Planning Aide 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us Citv of Carlsbad Planning Department January 14, 2005 Ann Hallock P O Box 3086 Tuba City AZ 86045 SUBJECT: CDP 04-61 - HALLOCK SECOND DWELLING UNIT Thank you for applying for Land Use Permits in the City of Carisbad. The Planning Department has reviewed your Coastal Development Permit, application no. 04-61, as to its completeness for processing. The application is incomplete, as submitted. Attached are two lists. The first list is information which must be submitted to complete your application. This list of items must be submitted directly to your staff planner by appointment. All list items must be submitted simultaneously and a copy of this list must be included with your submittals, including five (5) sets of plans. No processing of your application can occur until the application is determined to be complete. The second list is issues of concern to staff. When all required materials are submitted the City has 30 days to make a determination of completeness. If the application is determined to be complete, processing for a decision on the application will be initiated. In addition, please note that you have six months from the date the application was initially filed, December 30, 2004, to either resubmit the application or submit the required information. Failure to resubmit the application or to submit the materials necessary to determine your application complete shall be deemed to constitute withdrawal of the application. If an application is withdrawn or deemed withdrawn, a new application must be submitted. At this time, the City asks that you provide 5 complete sets of the development plans so that the project can continue to be reviewed. Please contact your staff planner, Chris Sexton, at (760) 602-4624, if you have any quesfions or wish to set up a meeting to discuss the application. Sincerely, DON NEU Assistant Planning Director DN:CS:bd c: Van Lynch, Team Leader Taniya Barrows, Project Engineer File Copy Data Entry Planning Aide 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION No. CDP 04-61 Planning: 1. Per the Carisbad Municipal Code (CMC), Section 21.04.303, a second dwelling unit must include permanent provisions for cooking. No cooking provisions are noted on the plans. Please show the kitchen facility on the plans. 2. The second dwelling unit must include a separate entrance. Please show this on the plans. Engineering: None ISSUES OF CONCERN Planning: 1. Please indicate on plans what scale the site- plan is. 2. Please indicate on plans what the square footage of the second dwelling unit is. Engineering: None