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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 @ r“ CDP 98-75 - BYRNE RESIDENT April 22, 1999 Paoe 2 - 5. 6. 7. 8. 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. - -. CDP 98-75 - BYRNE RESIDENT April 22, 1999 Paae 3 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 Paae 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 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