HomeMy WebLinkAboutCDP 14-02; McClure Residence; Coastal Development Permit (CDP)(~CARlsBAD
Community & Economic Development www.carlsbadca.gov
March 18, 2014
Design Associates, Inc.
MINOR COASTAL DEVELOPMENT PERMIT
NOTICE OF DECISION
Attn: Donald A. Countryman
990 Highland Drive, Suite 110-D
Solana Beach, CA 92075
RE: COP 14-02-MCCLURE RESIDENCE
----'Fhe City has completed a review of the application for a Minor Coastal Development Permit for the
development of a 638 square foot second dwelling unit located at 907 Poppy Lane (APN: 214-367-03).
It is the City Planner's determination that the project COP 14-02-McClure Residence, is consistent with
the City's applicable Coastal Development Regulations (Chapters 21.201 -21.205) and with all other
applicable City ordinances and policies. The City Planner, 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 in that the property is not
located adjacent to the shore and 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 property is not immediately adjacent to any body of water and the lot is already
disturlre-d and developed with a single-family home.
5. That the proposed development is in conformance with the Certified Local Coastal Program and
all applicable policies in that the site is designated for Residential Low-Medium (RLM) density
for single-family residential development and is already disturbed and developed with one
single-family home. The development consists of a 638 square foot second dwelling unit. 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 biological resources
Planning Division
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
CDP 14-02 -MCCLURE RESIDENCE
March 18, 2014
Page 2
located on the property. Furthermore, the proposed residential addition is not in an area of
know geologic instability or flood hazards.
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(B) and (C) of
the Carlsbad Coastal Development Regulations.
__:z_ That the City Planner has determined that the project is exempt from the requirements of the
California Environmental Quality Act (CEQA) per Section 15303 (New Construction of Small
Structures) of the State CEQA Guidelines and will not have any adverse significant impact on the
environment.
8. The City Planner 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 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 City Planner does hereby APPROVE the Minor Coastal Development Permit, CDP 14-02, for
the project entitled MCCLURE RESIDENCE (Exhibits "A"-"D"), dated March 18, 2014, 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
furtheF eondition 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 that the project without the condition complies with all requirements of law.
CDP 14-02 -MCCLURE RESIDENCE
March 18, 2014 ~
Page 3
6. 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 nondiscretionary, in
connection with the use contemplated herein, and (c) Developer/Operator's installation and
operation of the facility permitted hereby, including without limitation, any and all liabilities
arising from the emission by the facility of electromagnetic fields or other energy waves or
em1ss1ons. This obligation survives until all legal proceedings have been concluded and
continues even if the City's approval is not validated.
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 a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad School District that this project has satisfied its obligation to provide
schooLfacilities.
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 4, 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 City
Planner, 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 City Planner 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.
a. The property owner(s) shall reside in either the main dwelling unit or the second dwelling
unit, unless a lessee leases both the main dwelling and the second dwelling unit.
b. The obligations and restrictions imposed on the second dwelling unit per Chapter 21.10.030
of the Carlsbad Municipal Code are binding on all present and future property owners.
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.
._CDP 14-02-MCCLURE RESIDENCE
March 18, 2014 ·
Page 4
NOTICE
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:AS:sm
c: Lea McClure, 907 Poppy Lane, Carlsbad, CA 92011
Don Neu, City Planner
Chris DeCerbo, Principal Planner
Steve Bobbett
File Copy
Data Entry
California Coastal Commission (No FA)