Loading...
HomeMy WebLinkAboutCDP 14-09; Tommy Dean Addition; Coastal Development Permit (CDP) (2)CDP 14-09/NCP 14-04-TOMMY DEAN ADDITION ' ,, (:' '""""I' 2.r;c2oi!•~ "7: · \-t1·· ,;·i r_: ,:July ,j.J:; <+; ,.,:~ i iJ lJ . , 1· •~:t r~ ·~ ,., !I g ~fTage Z.. . .;i ,.,,, ~ ~ 4. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that consistent with the Mello II Land Use and Zoning designation of RH and R-3, respectively, the site is developed with a single-family residence and the project consists of adding 55 square feet by enclosing an existing covered deck located near the front {landward side} of the home which conforms to all applicable zoning standards, including the stringline set b~ck. In addition, no agricultural activities, sensitive resources, geological instability, flood hazard or vertical coastal access opportunities exist onsite. Further, as no vertical improvements :are proposed in the side-yard setbacks, the project 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. 5. 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 Plan {JURMP} to avoid increased urban runoff, pollutants, and soil erosion. The project will not impact the existing coastal bluff. Otherwise, no other steep slope 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 due to the existing "rip-rap" slope protection. 6. The project is consistent with the provisions of the Coastal Shoreline Development Overlay Zone {Chapter 21.204 of the Zoning Ordinance) in that ocean views will be preserved to the maxinium extent feasible as the project complies with the side yard setback requirements. In addition, ~he project adheres to all coastal "stringline" setback requirements, specifically with respect to the adjacent development to the north and south, no grading is required, and all natural features \.viii be preserved to the maximum extent feasible. 7. That the request for a minor coastal development permit was adequately noticed at least ten (10) calendar days before the date of this decision pursuant to Section 21.201.080{B) and {C) of the Carlsbad Coastal Development Regulations. Nonconforming Construction Permit Findings {NCP 14-04} 8. The expansion of the structure and/or use would not result in an adverse impact to the health, safety and welfare of surrounding uses, persons or property in that the existing property is currently developed with a single-family home consistent with the R-3 zone {with the exception of the building height which is nonconforming) and is surrounded by single-family and multi-family residences of similar size to the north, south and east, most of which have a second story.• In addition, the proposed project addition complies with all current Planning, Building and Engineering standards. · 9. The area of expansion shall comply with all current requirements and development standards of.the zone in which it is located in that the new addition complies with current side setback requirements, and all other development standards such as building height and lot coverage. 10. The expansion structure shall comply with all current fire protection and building codes ~nd ·regulations contained in Titles 17 and 18 in that a building permit issued by the City of Carlsba:tl is required for the project and the building plans will be reviewed for consistency with applicable -'· CDP 14-09/NCP 14-04-TOMMY DEAN ADDITION July 23, 2014 Pa e 3 fire protection and building codes. Furthermore, the project will undergo standard building inspection procedures during the construction of the addition. 11. The expansion would result in a structure that would be considered an improvement to; or complementary to and/or consistent with the character of the neighborhood in which it is located in that the proposed remodel will enhance the existing architecture and will create a more desirable, ·functional living space.· Furthermore, the second story addition is comparable in size and height to other existing second stories in the vicinity of the project site. Therefore, the proposed project will not adversely impact the character of the surrounding neighborhood. 12. That the City Planner has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301(e) -Existing Facilities .of the State CEQA Guidelines and will not have any adverse significant impact on the environment. 13. The City Planner has reviewed each of the exactions imposed on the Developer contained in ~his 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 City Planner does hereby APPROVE the Minor Coastal Development Permit (COP 14-09), and Nonconforming Construction Permit, NCP 14-04, for the project entitled Tommy Dean Addition (Exhibits "A" -"D"), dated July 23, 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 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 ;:.nd Nonconforming Construction Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections ~nd modifications to the Minor Coastal Development Permit and Nonconforming Construction Per'mit 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 COP 14-09/NCP 14-04-TOMMY DEAN ADDITION July 23, 2014 Pa e4 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. 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 and Nonconforming Construction 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 emissions. 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. 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 3, 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 City Planner, notifying all interested parties and successors in interest that the City of Carlsbad :has issued a Minor Coastal Development Permit and Nonconforming Construction 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. · 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: 11. Applicant/owner 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 hot limited to pollution control 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. Applicant/ owner shall notify prospective owners and/or tenants of the above requirements.