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HomeMy WebLinkAboutCDP 10-29; 1099 Buena Vista Way; Coastal Development Permit (CDP)FILE COPY V CARLSBAD Planning Division MINOR COASTAL DEVELOPMENT PERMIT www.carlsbadca.gov NOTICE OF DECISION Decembers, 2010 Martin Volk 2835 Progress Place Escondido, CA 92029 RE: CDP 10-29-1099 BUENA VISTA WAY The City has completed a review of the application for a Minor Coastal Development Permit for the construction of a 640 square foot second dwelling unit with an attached 290 square foot one-car garage and 200 square foot front yard porch, that is attached to a two-story single-family residential home and located at 1099 Buena Vista Way (APN: 155-251-02-00). It is the Planning Director's determination that the project CDP 10-29 - 1099 BUENA VISTA WAY, is consistent with the applicable 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 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 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 the development consists of a new second dwelling unit and the development is consistent with the Mello II Land Use designation of RLM. The proposed one-story second dwelling unit with an attached one-car garage and front porch is consistent with the surrounding development of one-story and two-story single-family structures. The second dwelling unit 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 agricultural uses currently exist on the site, nor are there any sensitive resources located on the property. The proposed second dwelling unit is not located in an area of known geologic instability or flood hazard. The site is located in close proximity to the coast but no public opportunities for coastal shoreline access are available from the subject site. The residentially designated site is not suited for water-oriented recreation activities. 5. The project is consistent with the provisions of the Coastal Resource Protection Overlay -Zoj3Jj3g_Qcdiriancfi) in.ihat-tb£-p.iio.j.ec.t-wi.lLadb.ere to_th.e 1635 Faraday Avenue, Carlsbad, CA 92008-7314 1760-602-4500 F 760-602-8559 © CDP 10-29 - 1099 BUENA VISTA WAY Decembers, 2010 PAGE 2 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 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. 8. 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 of Small Structures," of the State CEQA Guidelines and will not have any adverse significant impact on the environment. 9. 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: 1. The Planning Director does hereby APPROVE the Minor Coastal Development Permit No. CDP 10-29, for the project entitled 1099 Buena Vista Way (Exhibits A-G), dated December 1, 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. 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. CDP 10-29 - 1099 BUENA VISTA WAY Decembers, 2010 PAGE 3 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. This approval is granted subject to the approval of Coastal Development Permit No. CDP 10-12 - 1099 Buena Vista Way Residence and is subject to all conditions contained in Planning Commission Resolution No. 6732. 9. 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. 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 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. 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. CDP 10-29 - 1099 BUENA VISTA WAY Decembers, 2010 PAGE 4 Code Reminder: 13. 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 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." 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:sm Attachments: Affidavit of Compliance for a Second Dwelling Unit Location Map c: Richard J. Smerud, 2835 Progress Place, Escondido, CA 92029 Don Neu, Planning Director Chris DeCerbo, Team Leader File Copy Data Entry California Coastal Commission (NoFA), 7575 Metropolitan Drive, Suite 103, San Diego, CA 92108-4402