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HomeMy WebLinkAboutCDP 10-09; Smith 2nd Dwelling Unit; Coastal Development Permit (CDP)CITY OF ^CARLSBAD Planning Division www.carlsbadca.gov MINOR COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION Septembers, 2010 Douglas K. Smith 2701 Highland Dr. Carlsbad, CA. 92008 SUBJECT: CDP 10-09 - SMITH SECOND DWELLING UNIT The City has completed a review of the application for a Minor Coastal Development Permit for the conversion of a detached 438 square foot garage with an attached 160 square foot shed into a second dwelling unit located at 2701 Highland Dr. (APN 156-110-94-00) within the Mello II Segment of the City's Local Coastal Program. It is the Planning Director's determination that the project, CDP 10-09 - SMITH SECOND DWELLING UNIT, is consistent with the applicable City Coastal Development Regulations (Chapters 21.201 - 21.205) and with all other applicable City ordinances and policies. Further, the project has been found to be categorically exempt from environmental review according to Section 15303(a) - New construction or conversion of small structures, of the California Environmental Quality Act and a notice of exemption will be filed upon project approval. The Planning Director, therefore, APPROVES this request based upon the following: 1. That the proposed development requires no discretionary approvals other than a Minor Coastal Development Permit. 2. That the development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act, in that the property is not located adjacent to the shore. Therefore, the project will not interfere with the public's right to physical access to the sea and the site is not suited for water-oriented recreation activities. 3. That the proposed development is in conformance with the Mello II segment of the Certified Local Coastal Program and all applicable policies in that the site is designated Residential Low Medium (RLM) and zoned Single Family Residential (R-1) for one- family residential uses and the development consists of the conversion of a detached 438 square foot garage with an attached 160 square foot shed into a second dwelling unit that conforms with all applicable zoning standards. Furthermore, no agricultural activities, sensitive resources, geological instability, flood hazard or vertical coastal access opportunities exist onsite and the conversion of an existing garage into a one-story 2nd dwelling unit which is one story, will not obstruct views of the coastline as seen from public lands or public right of way or otherwise damage the visual beauty of the coastal zone. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © CDP 10-09 - SMITH Si_oOND DWELLING UNIT Septembers, 2010 Page 2 4. 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(8) and (C) of the Carlsbad Coastal Development Regulations. 5. 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 steep slopes or native vegetation is 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. 6. That the Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15303(a) - New construction or conversion of small structures, of the State CEQA Guidelines and will not have any adverse significant impact on the environment. 7. 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 extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless specifically stated in the condition, all of the following conditions, upon the approval of this proposed development, must be met prior to approval of a building or grading permit whichever occurs first. 1. The Planning Director does hereby APPROVE the Minor Coastal Development Permit, CDP 10-09, for the project entitled SMITH SECOND DWELLING UNIT (Exhibits A-N), dated September 9, 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 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 Coastal Development Permit. CDP 10-09 - SMITH SECOND- DWELLING UNIT Septembers, 2010 Page 3 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. 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 #1 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. 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 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. CDP 10-09 - SMITH S<_ JOND DWELLING UNIT Septembers, 2010 Page 4 10. 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. Engineering 11. 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. 12. This project is approved upon the express condition that building permits will not be issued for the development of the subject property, unless the district engineer has determined that adequate water and sewer facilities are available at the time of permit issuance and will continue to be available until time of occupancy. Grading 13. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include but are not limited to pollution control practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants to Stormwater, receiving water or Stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 14. Developer shall complete and submit to the city engineer a Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 15. Developer shall incorporate measures with this project to comply with Standard Stormwater Requirements per the city's Standard Urban Stormwater Management Plan (SUSMP). These measures include, but are not limited to: 1) reducing the use of new impervious surfaces (e.g.: paving), 2) designing drainage from impervious surfaces to discharge over pervious areas (e.g.: turf, landscape areas), 3) and designing trash enclosures to avoid contact with storm runoff, all to the satisfaction of the city engineer. Fire 16. Fire sprinklers will be required in single family dwellings built on or after January 11, 2011. Code Reminders: 17. 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. CDP 10-09 - SMITH SECOND DWELLING UNIT September 9, 2010 Page 5 18. Premise identification (addresses shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. NOTICE 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 Gina Ruiz at (760) 602- 4675. 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:GR:bd Coastal Commission (NoFA) Don Neu, City Planner Chris DeCerbo, Principal Planner Christer Westman, Team Leader David Rick, Project Engineer Glen Van Peski, Senior Civil Engineer Mike Peterson, Development Services Manager File Copy Data Entry