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HomeMy WebLinkAboutCDP 10-22; Barelmann Property; Coastal Development Permit (CDP)CITY OF . vCARLSBAD Planning Division MINOR COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION A/UuJk/ I.I//0//0 www.carlsbadca.gov November 10, 2010 Robert Barelmann 6510 Franciscan Rd Carlsbad CA 92011 SUBJECT: CDP 10-22-BARELMANN PROPERTY The City has completed a review of the application for a Minor Coastal Development Permit to allow a 198 square foot garden shed for a community garden located on a residential lot (APN 214-021-11-00) south of Island Way and east of Carlsbad Boulevard within the Mello II Segment of the City's Local Coastal Program. It is the Planning Director's determination that the project, CDP 10-22 - BARELMANN PROPERTY, is consistent with the applicable Coastal Development Regulations (Chapters 21.201 - 21.205 of the Carlsbad Municipal Code) and with all other applicable City ordinances and policies. The Planning Director, therefore, APPROVES this request based upon the following: 1. That the total cost of the proposed development (198 square foot garden shed) is less than $60,000. 2. That the proposed development requires no discretionary approvals other than a Minor Coastal Development Permit. 3. That the proposed garden shed is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act and in that the property is not located adjacent to the shore and therefore the project will not interfere with the public's right to physical access to the ocean nor are water-oriented recreation areas required of the residentially designated property. 4. 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 natural steep slopes greater than a gradient of 25% are 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. 5. That the proposed garden shed is in conformance with the Certified Local Coastal Program and all applicable policies in that: • The property is located within the La Costa Downs Specific Plan (SP 201) and is zoned R-1-10,000 (One-Family residential zone); 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® r .CDP 10-22 - BARELIv.. ,NN PROPERTY November 10, 2010 Page 2 • Permitted uses allowed by SP 201 include accessory structures permitted in the underlying R-1-10,000 zone that are incidental to the primary use of the property; • The R-1 zone permits agriculture as a primary use and a garden shed is a permitted accessory structure to this primary agriculture use; • The Mello II Land Use Plan designates the subject property for RM (Residential Medium) density development; • Specific Plan 201 is the implementing zoning for the Mello II Local Coastal Program on this property; • The proposed garden shed is therefore consistent with the Mello II Land,, use designation of RM; ' • The 198 square foot garden shed complies with all applicable development standards of SP 201 and the R-1 zone; • The one story (12.5* tali) garden shed will not obstruct views of the coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone; • No sensitive resources exist on site; and, • The proposed garden shed is not located in an area of known geologic instability or flood hazard. 6. The project is not located between the sea and the first public road parallel to the sea, and therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance). 7. That the request for a Minor Coastal Development Permit was adequately noticed from September 30, 2010 to October 21, 2010 at least fifteen (15) working days before the date of this decision pursuant to Section 21.201.080(6) and (C) of the Carlsbad Coastal Development Regulations. 8. The project is not located in the Coastal Agriculture Overlay Zone, according to Map X of the Local Coastal Program Mello II Segment Land Use Plan, certified September 1990 and, therefore, is not subject to the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance). 9. That the Planning Director 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 - New Construction of Small Structures of the state CEQA Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 10. The project is located within the La Costa Downs Specific Plan and complies with all of the development standards of the specific plan. Additionally, the La Costa Downs Specific Plan architectural guidelines are not applicable to the garden shed since the guidelines pertain to single-family residences only and not to accessory structures. 11. 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 CDP 10-22 - BARELMANN PP, 'ERTY November 10, 2010 Page3 extent and the degree of the exaction is.in rough proportionality to the impact caused by the project. Conditions: 1. The Planning Director does hereby APPROVE the Minor Coastal Development Permit, CDP 10-22, for the project entitled BARELMANN PROPERTY (Exhibits "A-C"), dated November 10, 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. 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 thai 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. 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 CDP 10-22 - BARELtartNN PROPERTY November 10, 2010 Page 4 _ 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 ail 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. 9. 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 ' f 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 Chris Sexton at (760) 602- 4624. 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:CS.bd c: Coastal Commission (NoFA) Don Neu, City Planner Chris DeCerbo, Principal Planner Clyde Wickham, Project Engineer . Glen Van Peski, Senior Civil Engineer Mike Peterson, Development Services Manager File Copy Data Entry Interested Parties