HomeMy WebLinkAboutCDP 14-19; 4178 Highland Drive; Coastal Development Permit (CDP) (2)-~ ~CARLSBAD
Community & Economic Development
November 17,2014
John Kavan
Composium Group
5530 Papagallo Drive
Oceanside, CA 92051
MINOR COASTAL DEVELOPMENT PERMIT
NOTICE OF DECISION
RE: CDP 14-19-4178 HIGHLAND DRIVE
www.carlsbadca.gov
The City has completed a review of the application for a Minor Coastal Development Permit for the
development of a 640 square foot second dwelling unit located at 4178 Highland Drive.
It is the City Planner's determination that the project CDP 14-19, 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 property, 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 disturbed 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 640 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 located on the property.
Furthermore, the proposed second dwelling unit is not in an area of known geologic instability or
flood hazards.
· · Planning Division ~' -:: 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
COP 14-19-4178 HIGHLAND DRIVE
October 30, 2014
Page 2
6. That the request for a minor coastal development permit was adequately noticed at least ten (10)
working days before the date of this decision pursuant to Section 21.201.080(B) and (C) of the
Carlsbad Coastal Development Regulations.
7. 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.
Conditions:
1. The City Planner does hereby APPROVE the Minor Coastal Development Permit, COP 14-19, for the
project entitled 4178 Highland Drive (Exhibits "A" -"K"), dated October 29, 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.
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. 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 emissions. This obligation survives until all legal proceedings have been
concluded and continues even if the City's approval is not validated.
CDP 14-19-4178 HIGHLAND DRIVE
October 30, 2014
Page 3
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 school
facilities.
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, subjectto 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.
Engineering:
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.
13. Developer shall cause property owner to execute and submit to the city engineer for recordation the
city's standard form Drainage Hold Harmless Agreement.
14. If the criteria set forth in Section 18.40.040(b) of the Carlsbad Municipal Code is met at the time of
building permit issuance, Developer shall cause property owner to enter into a Neighborhood
Improvement Agreement with the city on a city standard form for the future public improvement of
Highland Drive and Hillside Drive along the property frontage for a half street width of 30-feet. Public
improvements shall include but are not limited to paving, base, sidewalks, curbs and gutters, grading,
clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street
lights, and retaining walls.
CDP 14-19-4178 HIGHLAND DRIVE
October 30, 2014
Page 4
15. Prior to approval of any grading or building permits for this project, developer shall cause owner to
give written consent to the city engineer for the annexation of the area shown within the boundaries
of the site plan into the existing City of Carlsbad Street lighting and Landscaping District No. 1 and/or
to the formation or annexation into an additional Street lighting and Landscaping District. Said
written consent shall be on a form provided by the city engineer.
Grading
16. 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 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. Developer shall notify prospective owners and tenants of the above requirements.
17. 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 appropriate Tier level Storm Water Pollution
Prevention Plan (SWPPP) as determined by the completed PTAF all to the satisfaction of the city
engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's
latest fee schedule.
Dedications/Improvements
18. Five feet of public street and utility easement shall be dedicated by owner along the project frontage
of Highland Drive and Hillside Drive based on a street center line to right-of-way width of 30-feet and
in conformance with City of Carlsbad Standards.
Utilities
19. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for connection
to public facilities.
20. Developer shall install any new potable water and/or recycled water services and meters at locations
approved by the district engineer. The locations of said services shall be reflected on public
improvement plans. If not already provided, the water meter shall be sized to a'% inch water meter
or if fire sprinkler systems are required, a 1 inch water meter with back flow devise per Carlsbad
Municipal Water District Standard Drawing No. W-3A. ·
21. The developer shall install any new sewer laterals and clean-outs at locations approved by the city
engineer. The locations of said sewer laterals shall be reflected on public improvement plans.