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Home My WebLink AboutCDP 10-30; Sharp Family Limited Partnership; Coastal Development Permit (CDP)CITY OF V CARLSBAD Planning Division www.carlsbadca.gov MINOR COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION February?, 2011 BHA, Inc. Rod Bradley 5115 Avenida Encinas, Suite L Carlsbad, CA 92008 SUBJECT: CDP 10-30- SHARP FAMILY LIMITED PARTNERSHIP (2 LOT SUBDIVISION) The City has completed a review of the application for a Minor Coastal Development Permit for the proposed minor subdivision of one existing commercial lot, zoned C-2, into two commercial, lots. located at 5548 & 5550 Paseo Del Norte, within the Mello II Segment of the City's Local Coastal Program and within Local Facilities Management Zone 3, (APN: 211-060-14-00 and 211-060-15-00). It is the Planning Director's determination that the CDP 10-30- SHARP FAMILY LIMITED PARTNERSHIP (2 LOT SUBDIVISION), is consistent with the applicable City's Coastal Development Regulations (Chapters 21.201 - 21.205) 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 is less than $60,000. 2. That the proposed development requires no other non-administrative discretionary approvals. 3. 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 and therefore no opportunities for coastal access are available from the subject site, nor are public recreation areas required of the project. 4. The proposed development will have no adverse effect on coastal resources, in that the location of the subject site is not immediately adjacent to any body of water and the lot has already been developed with commercial buildings. 5. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the site is designated Regional Commercial (R) for non-residential uses and the project consists of the subdivision of an existing lot into two lots and will not impact any agricultural activities, sensitive resources, areas of geological instability, flood hazard or coastal access opportunities, and the development 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 10-30 - SHARP FAMILY LIMITED PARTNERSHIP (2 LOT SUBDIVISION) February 1, 2011 Page 2 6. 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. 7. That the Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15315 - Minor Land Divisions of the State CEQA Guidelines and will not have any adverse significant impact on the environment. 8. The Planning Director has reviewed each of the exactions imposed on the Developer contained in this approval letter, 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. Approval is granted for Minor Coastal Development Permit, CDP 10-30, for the project entitled Sharp Family Limited Partnership (2 Lot Subdivision) (Exhibit "A"), dated February 7, 2011, 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. 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 conditions 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. CDP 10-30-SHARP FAMILY LIMITED PARTNERSHIP (2 LOT SUBDIVISION) February 7, 2011 Page 3 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. Prior to the recordation of the parcel map, 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. 8. 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. 9. This approval is granted subject to the approval of MS 10-05 and is subject to all conditions contained in the City Engineer's and the Planning Director's approval letters for those other approvals incorporated herein by reference. 10. 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. 11. This Minor Coastal Development Permit shall expire concurrently with MS 10-05. 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 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), CDP 10-30 - SHARP FAMILY LIMITED PARTNERSHIP (2 LOT SUBDIVISION) February?, 2011 Page 4 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 Don Neu, Planning Director Chris DeCerbo, Principal Planner David Rick, Project Engineer Christer Westman, Team Leader Glen Van Peski, Senior Civil Engineer Mike Peterson, Development Services Manager File Copy Data Entry/DMS California Coastal Commission (NoFA)