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Home My WebLink AboutPRE 2025-0043; 2665 OCEAN STREET BEACH STAIRS; Admin Decision Letter Community Development Department Planning Division 1635 Faraday Avenue  Carlsbad, CA 92008-7314  442-339-2600 August 13, 2025 VIA EMAIL AND MAIL BEN HIDALGO 1600 ENCINO DRIVE ESCONDIDO, CA 92025 bhh1914@gmail.com SUBJECT: PRE 2025-0043 (DEV2025-0058) – 2665 OCEAN STREET BEACH STAIRS APN 203-140-13-00 Dear Mr. Hildago, Thank you for submitting a preliminary review application covering an improvement project to repair or replace an existing concrete stairway with two concrete landings and a metal safety railing cantilevered off of an existing sea wall in the rear yard of a shoreline oriented property located at 2665 and 2667 Ocean Street. The project site, an approximately 0.16 acre site, currently is developed with a two-family dwelling and garage. The rear yard, facing the Pacific Ocean, is developed with terraced landscapes consisting of concrete decks, patios, planters and lawn area supported by concrete retaining/planter walls mid slope and an existing 20-foot-tall seawall situated near the bottom. An existing concrete formed stairway with two landings (top and middle) leading down to the beach below is cantilevered off of the seawalls seaward face. All improvements being proposed within this preliminary review application, whether discussing repair or replacement, is limited to the concrete formed stairway with two landings and the metal safety railing cantilevered off of the existing seawall. The following timeline of information is associated with the permitting of the existing 20-foot-tall seawall with stairway. Each of the links below will take you to available public documents for your information and records: 1. July 18, 1994 – City of Carlsbad Building Permit No. CB921218, Final Inspection and Approval. 2. May, 3, 1993 – City of Carlsbad Building Permit No. CB921218, Approved/Issued. https://records.carlsbadca.gov/WebLink/DocView.aspx?id=4684126&dbid=0&repo=CityofCarlsbad 3. April 12, 1993 – City of Carlsbad Grading Plan DWG No. 332-9A, Approval. https://records.carlsbadca.gov/WebLink/DocView.aspx?id=5354408&dbid=0&repo=CityofCarlsbad 4. March 22, 1993 – California Coastal Commission, Notice of Acceptance. (see PDF pg. 45 in the link below). {city of Carlsbad PRE 2025-0043 (DEV2025-0058) – 2665 OCEAN STREET BEACH STAIRS August 13, 2025 Page 2 _______________________________ Community Development Department Planning Division 1635 Faraday Avenue  Carlsbad, CA 92008-7314  442-339-2600 5. July 8, 1992 – California Coastal Commission, Coastal Development Permit No. 6-92-107, for the removal of existing wooden retaining wall and construction of a 20-foot high, reinforced concrete seawall at the site of an existing duplex (2665-2667 Ocean Street, APN 203-140-13-00). (See PDF pgs. 46-51 in the link below). https://records.carlsbadca.gov/WebLink/DocView.aspx?id=4684126&dbid=0&repo=CityofCarlsbad 6. April 1, 1992 – City of Carlsbad, Planning Commission Resolution No. 3375, approving Hillside Development Permit, HDP 91-19, to allow for the construction of a seawall on property located at 2665/2667 Ocean Street. https://records.carlsbadca.gov/WebLink/DocView.aspx?id=4829890&dbid=0&repo=CityofCarlsbad 7. April 1, 1992 – City of Carlsbad, Planning Commission Resolution No. 3374, approving Special Use Permit, SUP 91-8, for floodplain encroachment to allow for the construction of a seawall on property located at 2665/2667 Ocean Street. https://records.carlsbadca.gov/WebLink/DocView.aspx?id=4829889&dbid=0&repo=CityofCarlsbad In response to your application, the Planning Division has prepared this comment letter. Please note that the purpose of a preliminary review is to provide you with direction and comments on the overall concept of your project. This preliminary review does not represent an in-depth analysis of your project. It is intended to give you feedback on critical issues based upon the information provided in your submittal. This review is based upon the plans, policies, and standards in effect as of the date of this review. Please be aware that at the time of a formal application submittal, new plans, policies, and standards may be in effect and additional issues of concern may be raised through a more specific and detailed review. Planning: General 1. General Plan and zoning designations for the property are as follows: a. General Plan: R-23, Residential (15 to 23 dwelling units per acre) b. Zoning: Multiple-family Residential (R-3) c. The property is located within the Coastal Zone and is subject to the Mello II Segment of the Local Coastal Program (LCP). The LCP Land Use and Zoning are consistent with the City’s General Plan Land Use and Zoning for the site. While a westerly portion of the subject property is subject to California Coastal Commission’s Permit Jurisdiction, the portion of the site encumbered by the existing seawall and stairway is shown to be outside of their jurisdiction. However, the property is located within the California Coastal Commission’s Appeals Jurisdiction, and thus, the Coastal Commission or another party PRE 2025-0043 (DEV2025-0058) – 2665 OCEAN STREET BEACH STAIRS August 13, 2025 Page 3 _______________________________ Community Development Department Planning Division 1635 Faraday Avenue  Carlsbad, CA 92008-7314  442-339-2600 may appeal the City’s decision on the project if they disagree with the City’s interpretation of standards applied to the project. d. Applicable Overlay Zones: Beach Area Overlay (Carlsbad Municipal Code Chapter 21.82); Coastal Shoreline Development Overlay (Carlsbad Municipal Code Chapter 21.204) 2. The project requires the following permits: a. Coastal Development Permit (CDP). Carlsbad Municipal Code (CMC) Section 21.201.030 states, “any applicant wishing to undertake a development (defined in CMC Section 21.04.107) in the coastal zone shall obtain a minor coastal development permit or coastal development permit in accordance with the provisions of this chapter, in addition to any other permit required by law.” A Major CDP is required if the development costs $60,000 or more. If less than $60,000, a Minor CDP will be required. The decision-making authority for the Major and Minor CDPs are the Planning Commission and City Planner, respectively. Additionally, CMC Section 21.201.070(C) states, “unless destroyed by natural disaster, the replacement of fifty percent or more of a seawall, revetment, bluff retaining wall, breakwater, groin or similar protective work under one ownership is not repair and maintenance under Public Resources Code Section 30610(d), but instead constitutes a replacement structure requiring a coastal development permit.” 3. This property is subject to all applicable Mello II Segment policies in the Local Coastal Program (LCP). The property is located in the Permit Appeals Jurisdiction. The Coastal Commission or another party may appeal the City’s decision on the project if they disagree with the City’s interpretation of standards applied to the project. 4. As part of any formal application submittal, please include any historic permitting documents, including the California Coastal Commission approvals associated with construction of the existing seawall and cantilevered concrete stairs, stair landings and metal safety railings. See weblinks on pages 1 and 2 of this preliminary review letter for some of the historical documentation we were able to research. While steps and stairways for access from the top of the bluff to the beach are noted as permitted beach uses with a Coastal Development Permit (CMC Section 21.204.030), the Planning Division would highly recommend limiting any proposed improvements to these existing concrete stairs, stair landings and safety railings with a like-for-like repair/replacement as it relates to the proposed materials and would also recommend foregoing any expansion of the existing structural area. 5. As part of any formal application submittal, please update the site plan to also plot the appropriate stringline for the existing stairs, stair landings and metal safety railing. PRE 2025-0043 (DEV2025-0058) – 2665 OCEAN STREET BEACH STAIRS August 13, 2025 Page 4 _______________________________ Community Development Department Planning Division 1635 Faraday Avenue  Carlsbad, CA 92008-7314  442-339-2600 All necessary application forms, submittal requirements, and fee information are available at the Planning counter located in the Faraday Building at 1635 Faraday Avenue or online at https://www.carlsbadca.gov/departments/community-development/planning. You may also access the General Plan Land Use Element and the Zoning Ordinance online at the website address shown. Please review all information carefully before submitting. Building: 1.Minimum width, riser and tread dimensions, handrails, etc. will be evaluated with building plan check. Complete information is unavailable on plans. See building code section 1115A (Exterior Stairways) and section 3231 Stairways of CCR, if applicable. Land Development Engineering: 1.No comments. Fire & Life Safety: 1.No comments. If you would like to schedule a meeting to discuss this letter with the commenting departments, please contact Jason Goff at the number below. You may also contact each department individually as follows: •Planning: Jason Goff, Senior Planner, at (442) 339-2643 •Land Development Engineering: Jose Sanchez, Associate Engineer, at (442) 339-5486 •Fire & Life Safety: Darcy Davidson, Fire Chief/Marshal, at (442) 339-2662 •Building: Mike Strong, Assistant Director, Community Development, at (442)-339-2721 Sincerely, ERIC LARDY, AICP City Planner EL:JG:cf c: Jim & Lisa Dvork, 22794 W Loon Lake Blvd, Antioch, Illinois 60002 Laserfiche/File Copy Data Entry