HomeMy WebLinkAboutCDP 98-75; Byrne Residence; Coastal Development Permit (CDP) (2)MINOR COASTAL DEVELOPMENT PERMIT
NOTICE OF DECISION
April 22, 1999
Richard and Laurie Byrne
5001 Tierra Del Oro
Carlsbad, CA 92008
SUBJECT: CDP 98-75 - BYRNE RESIDENT
The City has completed a review of the application for a Minor Coastal Development
Permit for development located at 5001 Tierra Del Oro.
It is the Planning Director’s determination that the project which is a remodel to an
existing single family home, CDP No. 98-75, 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:
Findinas:
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
project proposes an interior remodel and an exterior deck extension that is well
within the standard stringline measurement. There are no coastal resources or
public access opportunities located within the confines of the remodel area.
4. That the proposed development is .in conformance with the Certified Local
Coastal Program and all applicable policies in that the project is designated for single family development, has an existing single family home on site, is
proposing an interior remodel and an extension of an existing deck which is
2075 La Palmas Dr. - Cartsbad, CA 92009-1576 l (760) 438-l 161 l FAX (760) 438-0894 @
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CDP 98-75 - BYRNE RESIDENT
April 22, 1999
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5.
6.
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within the standard stringline measurement recognized by the Certified Local
Coastal Program.
That the development is in conformity with the public access and public
recreation policies of Chapter 3 of the Coastal Act, in that no access or
recreational impacts are associated with this proposal.
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.
That the Planning Director has determined that the project is exempt from the
requirements of the California Environmental Quality Act (CEQA) per Section
15303 of the State CEQA Guidelines and will not have any adverse significant
impact on the environment.
That this project could have a potentially significant negative cumulative traffic
impact on the Palomar Airport Road/ El Camino Real intersection. However, this
project has been conditioned to pay its fair share of the “short-term
improvements” thereby, guaranteeing implementation of a mitigation measure
that reduces the potential impact to a level of insignificance.
Conditions:
1. The Planning Director does hereby APPROVE the Minor Coastal Development
Permit for the interior remodel and deck addition project entitled “Byrne
Residence“. (Exhibit(s) “A” - “C”, dated 10-23-98, 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 Minor Coastal Development
Permitdocuments, 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 Developer shall pay his fair share for the “short-term improvements” to the
El Camino Real/ Palomar Airport Road intersection prior to approval of the final
map or the issuance of a grading permit, whichever occurs first. The amount
shall be determined by the methodology ultimately selected by Council, including but not limited to, an increase in the city-wide traffic impact fee; an increased or
new Zone 3 LFMP fee; the creation of a fee or assessment district; or
incorporation into a Mello-Roos taxing district.
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CDP 98-75 - BYRNE RESIDENT
April 22, 1999
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3. The Developer shall pay the public facilities fee adopted by the City Council on
July 28, 1987, (amended July 2, 1991) and as amended from time to time, and
any development fees established by the City Council pursuant to Chapter 21.90
of the Carlsbad Municipal Code or other ordinance adopted to implement a
growth management system or Facilities and Improvement Plan and to fulfil1 the
developer’s/subdivider’s agreement to pay the, public facilities fee dated 10-23-
98, a copy of which is on file with the City Clerk and is incorporated by this
reference. If the fees are not paid, this application will not be consistent with the
General Plan and approval for this project will be void.
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. If any of the foregoing 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;
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.
6. The effective date for this project shall be after City and Coastal Commission
appeal periods have been exhausted.
CDP 98-75 - BYRNE RESIDENT
April 22, 1999
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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 the date of that 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
MICHAEL J. HOLZMILLER
Planning Director
MJH: BH:eh
c: Gary Wayne
Team Leader
Bobbie Hoder
Project Engineer
File Copy Data Entry
Planning Aide
Coastal Commission