HomeMy WebLinkAboutCDP 2018-0045; CORSO REMODEL; Admin Decision LetterDecember 24, 2018
Jim Yarbrough
1330 Via Terra
Encinitas CA 92024-5333
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8FILE COPY
MINOR COASTAL DEVELOPMENT PERMIT
NOTICE OF DECISION
RE: CDP 2018-0045 {DEV2018-0176) -CORSO REMODEL
Ccityof
Carlsbad
The city has completed a review of the application for a Minor Coastal Development Permit for the
development of a one-story 212-square foot addition to an existing single-family residence located at
4925 Park Drive.
It is the City Planner's determination that the project CDP 2018-0045 (DEV2018-0176)-CORSO REMODEL
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 as the project is not located
adjacent to the shore. Therefore, the project will not interfere with the public's right to physical
access to the sea and the site is not suited for water-oriented recreation activities.
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 Mello II Segment Certified Local
Coastal Program and all applicable policies in that the site is designated R-4 Residential allowing
for single-family residential development. The site is already disturbed and developed with one
single-family home. The 212-square foot one-story living room addition 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 given the project's distance from the coastline and location on
Park Drive. No agricultural uses currently exist on the site, nor are there any sensitive biological
resources located on the property. Furthermore, the proposed addition is not in an area of
known geologic instability or flood hazards.
Community & Economic Development
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov
CDP 2018-0045 (DEV2018-0176)-CORSO ~EMQP~,L n. ,. 't
December 24, 2018 ·
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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{8) and (C) of the
Carlsbad Coastal Development Regulations.
7. 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, BMP Design Manual and
Jurisdictional Runoff Management Program (JRMP} to avoid increased urban run-off, pollutants
and soil erosion. In addition, the area of the addition is relatively flat and does not contain
natural steep slopes greater than 25 percent gradient; no native vegetation will be removed;
and the site is not located in an area prone to landslides, or susceptible to accelerated erosion,
floods or liquefaction.
8. That the City Planner has determined that the project belongs to a class of projects that the State
Secretary for Resources has found do not have a significant impact on the environment, and it is
therefore categorically exempt from the requirement for the preparation of environmental
documents pursuant to Section 15301(e)(l)-Existing Facilities. In making this determination, the
City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines
do not apply to this project.
9. The City Planner has reviewed each of the exactions imposed on the Developer contained in this
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:
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of
this proposed development, must be met prior to approval of a building or grading permit whichever
occurs first.
1. The City Planner does hereby APPROVE the Minor Coastal Development Permit, CDP 2018-0045,
for the project entitled Corso Remodel (Exhibits "A" -"F"), dated December 24, 2018, 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.
CDP 2018-0045 (DEV2018-0176) -CORSO REMODEL
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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.
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
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.
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 on the property. Said Notice of Restrictio_n 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.
CDP 2018-0045 (DEV2018-0176)-CORSO REMODEL
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NOTICE
This decision may be appealed by you or any member of the public to the Planning Commission within ten
(10) calendar days of receipt of this letter. Appeals must be submitted in writing to the Planning
Commission at 1635 Faraday Avenue in Carlsbad, along with a payment of $876.00. The filing of such
appeal within such time limit shall stay the effective date of the order of the City Planner until such time
as a final decision on the appeal is reached.
The project site is within the appealable area of the California Coastal Commission. This Coastal
Development Permit (CDP) shall not become effective until ten (10) working days have elapsed, without
a valid appeal being filed with the Coastal Commission, following the Coastal Commission's receipt of the
city's notice of the CDP issuance ("Notice of Final Action"). The filing of a valid appeal with the Coastal
Commission within such time limit shall stay the effective date of this CDP until such time as a final decision
on the appeal is reached by the Coastal Commission.
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 date of final 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.
If you have any questions regarding this matter, please feel free to contact Chris Sexton at 760-602-4631
or by email at chris.sexton@carlsbadca.gov.
CITY OF CARLSBAD
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TERI DELCAMP
Principal Planner
TD:CS:dh
c: Greg Corso, 4925 Park Drive, Carlsbad CA 92008
Don Neu, City Planner
Tim Carroll, Project Engineer
California Coastal Commission (NoFA)
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