HomeMy WebLinkAboutCDP 10-22; Barelmann Property; Coastal Development Permit (CDP)CITY OF
. vCARLSBAD
Planning Division
MINOR COASTAL DEVELOPMENT PERMIT
NOTICE OF DECISION
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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