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HomeMy WebLinkAboutCDP 2024-0042; 5257 SHORE DR; Admin Decision LetterSeptember 9, 2025 Curtis Bulloch 8348 Via Sonoma Unit A La Jolla, CA 92037 MINOR COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION SUBJECT: CDP 2024-0042 (DEV2024-0105) -5257 SHORE DR {cityof Carlsbad The city has completed a review of the application for a Minor Coastal Development Permit for removal of pavers and replacement with a 388-square-foot wood deck and guardrail at the edge of a 39-foot-tall coastal bluff as well as the installation of an 8 foot x 8 foot concrete slab. An additional 134-square foot deck with a guardrail at the top of the coastal bluff is proposed at the southwest corner of the property. The decks and concrete slab are located to the rear of an existing single-family home located on a west- facing coastal bluff. The 0.36-acre project site is located at 5257 Shore Drive and is comprised of Assessor Parcel Number (APN) 210-061-05-00. The site is subject to the R-4 and OS General Plan Land Use Designations and is Zoned R-1 and OS. The property is currently developed with a single-family residence and an attached two-car garage. Access is provided by Shore Drive. The project is located within the Coastal Commission's Appealable Jurisdiction of the Coastal Zone. It is the City Planner's determination that the project, CDP 2024-0042 (DEV2024-0105)-5257 SHORE DR, 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 proposed development requires no discretionary approvals other than a Minor Coastal Development Permit. 2. That the development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act, in that the proposed decks and concrete pad are located at 5257 Shore Drive, which is developed with a single-family home on a 39-foot-tall west-facing blufftop property adjacent to the ocean and South Carlsbad State Beach. While no public access stairways exist on the subject property nor is there an opportunity for a vertical public stairway, pursuant to the requirements of Carlsbad Municipal Code (CMC) Section 21.204.060, the project has been conditioned to provide the public with the right of access to a minimum of 25 feet of dry sandy beach at all times of the year in the form of a lateral public access easement. Therefore, the project is consistent with the public access and recreation policies of Chapter 3 of the Coastal Act. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 CDP 2024-0042 {DEV2024-0105) -5257 SHORE DR September 9, 2025 Pa e 2 3. The proposed development will have no adverse effect on coastal resources, in that the proposed decks comply with the requisite like-for-like stringline requirements pursuant to CMC Section 21.204.050.B. Specifically, the proposed decks and concrete pad do not extend further seaward than those allowed by a line drawn between the adjacent patios on the properties to the north and south. Therefore, the project will have no impact on coastal resources. In addition, pursuant to the geotechnical report prepared for the project {GeoSoils, Inc., January 2024), although the coastal bluff is susceptible to erosion from marine and subaerial processes, the proposed decks will not further exacerbate bluff erosion or instability. 4. That the proposed development is in conformance with the Mello II Segment of the Certified Local Coastal Program and all applicable policies, in that the site has a General Plan Land Use and Local Coastal Program designations of R-4/OS, Residential {0-4 dwelling units per acre) and Open Space, and is zoned R-1/OS, One-Family Residential and Open Space. The proposed decks and located in the portion of the lot zoned R-1, which allows for residential development including a single-family- dwelling and accessory structures such as the proposed decks. The proposed project will not obstruct views or damage the visual beauty of the coastline as seen from public lands or the public right-of-way in that it complies with the stringline requirements pursuant to CMC Section 21.204.050.B. Pursuant to the geotechnical report prepared for the project (GeoSoils, Inc., January 2024), although the coastal bluff is susceptible to erosion from marine and subaerial processes, the proposed decks will not further exacerbate bluff erosion or instability. While a public access stairway does not exist on the subject property nor is there an opportunity for a vertical public stairway to the beach, pursuant to the requirements of Carlsbad Municipal Code {CMC) Section 21.204.060 and Policy 7-3 of the Mello II Segment of the Local Coastal Program, the project has been conditioned to provide the public with the right of access to a minimum of 25 feet of dry sandy beach at all times of the year in the form of a lateral public access easement. In addition, no agricultural uses currently exist on the site, nor are there any sensitive resources beyond the coastal bluff located on the property. Furthermore, the proposed decks will not create geologic instability or flood hazards . 5. 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. 6. That the City Planner has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15303{e) -New Construction or Conversion of Small Structures -of the State CEQA Guidelines and will not have any adverse significant impact on the environment. Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to 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 2024-0042, for the project entitled 5257 SHORE DR (Exhibits "A" -"C"), dated September 9, 2025, on file in the Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442 -339-2600 CDP 2024-0042 (DEV2024-0105) -5257 SHORE DR September 9, 2025 Page 3 Planning Division and incorporated by this reference, subject to the conditions herein set forth. Development shall occur substantially as shown unless otherwise noted in these conditions. 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. 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 and the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030 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 Community Deve lopment Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 CDP 2024-0042 (DEV2024-0105) -5257 SHORE DR September 9, 2025 Page 4 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 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 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. Prior to the issuance of a building permit, the owner shall comply with the requirements of the Coastal Shoreline Development Overlay Zone, Carlsbad Municipal Code Chapter 21.204, and dedicate a lateral public access easement with a minimum width of twenty-five feet to ensure dry sandy beach is available at all times of the year to the California Coastal Commission or their designee as agreed to with the California Coastal Commission. 11. 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. 12 . Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the City Engineer for the proposed haul route. 13 . Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 17 .04.060. Prior to submittal for a building permit, Developer shall submit a request for addressing to the Building Division. NOTICE TO APPLICANT An appeal of this decision to the Planning Commission must be filed with the City Clerk at 1200 Carlsbad Village Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the City Planner's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The Planning Commission must make a determination on the appeal prior to any judicial review. 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 . Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 CDP 2024-0042 (DEV2024-0105) -5257 SHORE DR September 9, 2025 Pa e 5 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 date offinal 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 Shannon Harker at (442) 339- 2621 or by email at shannon.harker@carlsbadca .gov. Sincerely, Eric Lardy, AICP City Planner EL:SH:cf c: Ben Leavitt, 5257 Shore Drive, Carlsbad, CA 92008 Robbie Hickerson, Code Enforcement Manager Laserfiche/File Copy Data Entry Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600