HomeMy WebLinkAboutCDP 10-23; 2625 Garfield Street Addition; Coastal Development Permit (CDP)c
CITY OF
Planning Division
MINOR COASTAL DEVELOPMENT PERMIT
NOTICE OF DECISION
www.carlsbadca.gov
November 17, 2010
Hofman Planning and Engineering
Attn: Beth Reiter
3152 Lionshead Avenue
Carlsbad, Ca 92010
RE: CDP 10-23-2625 GARFIELD STREET ADDITION
The City has completed a review of the application for a Minor Coastal Development Permit.for
the construction of a 299.5 square foot residential addition to an existing single-family residence
located at 2625 Garfield Street, Carlsbad, CA 92008 (APN: 203-141-23-00) within the Mello II
Segment of the City's Local Coastal Program.
It is the Planning Director's determination that the project CDP 10-23 .- 2625 GARFIELD
STREET ADDITION is consistent with the applicable City's 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 15301(e)(1) "Additions to Existing 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 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 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.
4. That the proposed development is in conformance with the Mello II segment of the
Certified Local Coastal Program and all applicable policies in that although the site is
designated RMH by the Mello II Local Costal Program, it is a legal lot that was
subdivided as of October 28, 2004 and developed with a one-family dwelling which
is a permitted use and the development consists of the construction of a 299.5
square foot residential addition to an existing single-family residence that
conforms to all applicable zoning standards including setbacks and height
restrictions. No agriculture activities, sensitive resources, geological instability or
flood hazards exist onsite. The development is also not located within the Coastal
Shoreline Overlay Zone and does 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 10-23 - 2625 GAKFIELD STREET ADDITION
November 17, 2010
PAGE 2 ____
5. The project is consistent with the provisions of the Coastal Resource Protection
OverlayZone (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. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X
of the Land Use Plan, certified September 1990 and, therefore, is not subject to the
provisions of the Coastal Agricultural Overlay Zone (Chapter 21.202 of the Zoning*
Ordinance). '
7. That the proposed development is consistent with the Army and Navy Academy
Master Site Plan - Planning Area C (CUP 94-02x1(A)) and all applicable standards
and regulations in that the site is designated for staff housing.
8. 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(6) and (C) of the Carlsbad Coastal Development Regulations.
9. That the Planning Director has determined that the project is exempt from the
requirements of the California Environmental Quality Act (CEQA) per Section
15303(e)(1) "Additions to existing structures" of the State CEQA Guidelines and will
riot have any adverse significant impact on the environment.
10. 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:
1. The Planning Director does hereby APPROVES the Minor Coastal Development Permit,
No. CDP 10-23, for the project entitled 2625 Garfield Street Addition (Exhibits A-D),
dated November 17, 2010, on file in the Planning Division 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 10-23 - 2625 GARFIELD^STREET ADDITION
November 17, 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 36 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 are 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.
(• • L.
CDP 10-23 - 2625 GARFIELD STREET ADDITION
November 17, 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:
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
permit.
General
/ «
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. 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 treatment 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.
13. 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
Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the
completed PTAF all to the satisfaction of the City Engineer.
14. Developer shall incorporate Low Impact Development (LID) design techniques, on all
final design plans submitted to the City, to reduce the amount of run-off by mimicking the
natural hydrologic function of the site by preserving natural open-spaces and natural
drainage channels, minimizing impervious surfaces, promoting infiltration and
evaporation of run-off before run-off leaves the site. Developer shall incorporate LID
techniques using current County of San Diego Low Impact Development Handbook
(Stormwater Management Strategies). LID techniques include, but are not limited to:
vegetated swale/strip, rain gardens, and porous pavement, which can greatly reduce the
volume, peak flow rate, velocity and pollutants.
Code Reminder
15. 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.
GDP 10-23 - 2625 GARFIELD STREET ADDITION —
November 17, 2010
PAGES ___
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. 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 Shelley Glennon at (760) 602-4625.
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." .. - / fi
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:SG:bd
c: Army and Navy Academy Attn: John Wyatt - 2605 Carlsbad Blvd. Carlsbad, CA 92008
Don Neu, Planning Director
Chris DeCerbo, Principal Planner
Team Leader
File Copy
Data Entry
California Coastal Commission (NoFA)
Attachment: Location Map