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HomeMy WebLinkAboutCDP 97-21; Bagnall Residence; Coastal Development Permit (CDP) (12). . MINOR COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION September IO, 1997 Michael Bagnall PO Box 901 Rancho Santa Fe CA 92067 SUBJECT: CDP 97-21 - BAGNALL RESIDENCE The City has completed a review of the application for a Minor Coastal Development Permit for development located at 5029 Tierra Del Oro. It is the Planning Director’s determination that the project Bagnall Residence, CDP No. 97-21, 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: Find i nas : 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 has no adverse effect individually or cumulatively on coastal resources or public access to the shoreline or the coast, in that the proposed rear yard patio improvements will not encroach upon the coastal bluff, will not impact sensitive biological habitat areas, and will not impede vertical or lateral public access to the coast. 4. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that: the patio improvements will not effect public views of the coast, will not encroach upon slopes of 25% gradient and greater, will not impact endangered plant/animal species, coastal sage scrub and chaparral plant communities, will include drainage improvements which will function to decrease the amount of runoff over the coastal bluff and @ 2075 Las Palmas Dr. - Carlsbad, CA 92009-1 576 - (61 9) 438-11 61 - FAX ((319) 438-0894 . CDP 97-21 - BAGNALL RESIDENCE SEPTEMBER 10,1997 PAGE 2 consequent bluff erosion, and will public access. reate no impacts to vertical or lateral coastal 5. 6. 7. 8. That the development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act, in that the project will not impede the existing lateral coastal access over the project site in that there is adequate vertical access in close proximity to the project site. That is 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. This project is consistent with the Coastal Resource Protection Overlay Zone and the Coastal Shoreline Development Overlay Zone in that: the project will not encroach upon slopes of 25% gradient and greater, adequate measures (drainage facilities) have been incorporated into the project to avoid increased runoff and soil erosion from the site, and the project will continue to provide adequate lateral public access to the coast. That the Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301 of the State CEQA Guidelines and will not have any adverse significant impact on the environment. Conditions: 1. The Planning Director does hereby APPROVE the Minor Coastal Development Permit for the patio addition project entitled “Bagnall Residence.” (Exhibit(s) “A - “B”, dated September IO, 1997, on file in the Planning Department and incorporated by this reference, subject to the conditions herein set forth. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the 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 substantially different from this approval, shall require an amendment to this approval. 2. The effective date of this permit shall be after City and Coastal Commission appeal periods have been exercised. 3. This approval shall become null and void if building permits are not issued for this project within 2 years from the date of project approval. -.. CDP 97-21 - BAGNALL RESILIENCE SEPTEMBER 10, 1997 PAGE 3 4. The Developer shall comply with all applicable provisions of federal, state and local ordinances in effect at the time of building permit issuance. 5. 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 Coastal Development Permit on the real property owned by the Developer. 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. CITY OF CARLSBAD MICHAEL J. HOLZMILLER Planning Director MJH:CD:kr c: GaryWayne Bobbie Hoder Clyde Wickham File Copy Data Entry Planning Aide Coastal Commission