HomeMy WebLinkAboutCDP 2025-0029; DEVRIES TRIPLEX; Admin Decision LetterMarch 11, 2026
ANDREW PINARD
BRIAN CHURCH ARCHITECTURE
507 S. CED ROS AVE.
SOLANA BEACH, CA 92075
MINOR COASTAL DEVELOPMENT PERMIT
NOTICE OF DECISION
SUBJECT: CDP 2025-0029 (DEV2023-0056) -DEVRIES TRIPLEX
{city of
Carlsbad
The city has completed a review of the application for a Minor Coastal Development Permit to remodel an
existing nonconforming triplex. The project includes:
• Demolition of 316 SF of living area in Unit A to create a deck; existing roof overhang to remain.
• Demolition of 70 SF of living area for Unit C to create a deck; existing roof overhang to remain.
• Enclosure of a 66 SF covered deck for Unit B to create additional living area (i.e., 66 SF addition).
• Re-roof of entire structure.
• Modification of interior layout with updated floor plans for each of the three existing units,
creating: 1) Unit A with 3 bedrooms and 3.5 bathrooms on the upper floor; 2) Unit B with 1
bedroom, 2 bathrooms, an office/den area, and game room on the lower level; 3) Unit C with 1
bedroom and 1 bathroom on the lower level, and an office loft and bathroom on the upper floor,
connected with a spiral staircase.
• New exterior finishes, including stucco, vertical and horizontal siding, doors, windows, and railings.
• New wood deck over existing concrete patio on north side of structure.
• Add sliding storage access doors (total of 3) to west-facing existing storage areas on ground floor.
All proposed work is located within the existing footprint of the existing structure with no expansion of the
residence or accessory areas expanding further west towards the coastline.
The 0.26-acre project site is located at 2445 Ocean Street and is comprised of Assessor Parcel Numbers
(APN) 203-021-01-00 . The site is subject to the R-15 General Plan Land Use Designations and is Zoned R-3.
The property is currently developed with a multifamily residence and an attached two-car garage. Access
is provided by Ocean Street. The project is located within the Coastal Commission's Appealable Jurisdiction
of the Coastal Zone.
It is the Assistant Director of Community Development's determination that the project, CDP 2025-0029
(DEV2023-0056) -DEVRIES TRIPLEX, is consistent with the city's applicable Coastal Development
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CDP 2025-0029 (DEV2023-0056)-DEVRIES TRIPLEX
March 11, 2026
Pa e 2
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 remodel of the existing structure, hardscaping, and
landscaping located at 2445 Ocean Street, which is located adjacent to the Pacific Ocean beach line,
is directly adjacent to a public access stairway to the north and does not encroach upon or
otherwise impact the exiting public access.
3. The proposed development will have no adverse effect on coastal resources, in that the proposed
remodel of the existing structure, hardscape, and landscape complies with the requisite like-for-like
stringline requirements pursuant to CMC Section 21.204.050.B. Specifically, the structural additions
proposed, and any proposed additions to hardscape, landscape, and decks do not extend further
seaward than those allowed by a line drawn between the adjacent structures, hardscape, and decks
on the properties to the north and south. Therefore, the project will have no impact on coastal
resources.
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 is designated for residential uses, and the
project consists of a remodel of an existing residential structure and a remodel and additions to
hardscape, landscape, and decks accessory to the structure. The proposed project is consistent with
the surrounding residential development. The proposed project 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 because all proposed work on the structure does not expand the
footprint of the structure, and changes to the hardscape, landscaping, and decks are consistent with
stringline requirements pursuant to CMC Section 21.204.050.B.
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
geological instability or flood hazards.
5. 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 runoff, pollutants, and soil erosion. Limited
development is proposed on an existing developed lot with a multifamily residence and attached
two-car garage located in an established neighborhood. No undevelopable steep slopes or native
vegetation exist on the subject property, and the developed site is not located in an area prone to
landslides, or susceptible to accelerated erosion, floods, or liquefaction.
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.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CDP 2025-0029 (DEV2023-0056) -DEVRIES TRIPLEX
March 11, 2026
Page 3
7. That the Assistant Director of Community Development has determined that the project is exempt
from the requirements of the California Environmental Quality Act (CEQA) per Section 15303 -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 2025-0029, for
the project entitled DEVI ES TRIPLEX (Exhibits "A" -"R"), dated March 16, 2026, on file in the 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)
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CDP 2025-0029 (DEV2023-0056) -DEVRIES TRIPLEX
March 11, 2026
Pa e 4
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
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. 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.
Engineering Conditions:
11 . 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
12. This project is approved upon the express condition that building permits will not be issued for the
development of the subject property, unless the District Engineer has determined that adequate
water and sewer facilities are available at the time of permit issuance and will continue to be available
until time of occupancy.
Fees/Agreements:
13. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for
recordation, an Encroachment Agreement covering private storm drain facilities located over existing
public right-of-way or easements as shown on the site plan . The developer shall pay processing fees
per the city's latest fee schedule.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CDP 2025-0029 (DEV2023-0056) -DEVRIES TRIPLEX
March 11, 2026
Page 5
14. Developer shall cause property owner to enter into a Neighborhood Improvement Agreement with
the city on a city standard form for the future public improvement of Ocean Street along the property
frontage for a half street width of 25-feet. Public improvements shall include but are not limited to
paving base, sidewalks, curbs and gutters and relocation of utilities.
Storm Water Quality:
15. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement
best management practices at all times. Best management practices include but are not limited to
pollution control practices or devices, erosion control to prevent silt runoff during construction,
general housekeeping practices, pollution prevention and educational practices, maintenance
procedures, and other management practices or devices to prevent or reduce the discharge of
pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent
practicable. Developer shall notify prospective owners and tenants of the above requirements.
16. Developer shall complete and submit to the City Engineer a Determination of Project's Storm Water
Pollution Prevention Plan (SWPPP) Tier Level and Construction Threat Level Form pursuant to City
Engineering Standards. Developer shall also submit the appropriate Tier level Storm Water
Compliance form and appropriate Tier level SWPPP to the satisfaction of the City Engineer. Developer
shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule.
17. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form.
Developer is responsible to ensure that all final design plans, grading plans, and building plans
incorporate applicable Best Management Practices (BMPs). These BMPs include site design, source
control and Low Impact Design (LID) measures including, but not limited to, minimizing the use of
impervious area (paving), routing run-off from impervious area to pervious/landscape areas,
preventing illicit discharges into the storm drain and adding storm drain stenciling or signage all to
the satisfaction of the City Engineer.
Dedications/Improvements:
18. Developer shall cause owner to dedicate to the city and/or other appropriate entities for Public Street
purposes as shown on the site plan. The offer shall be made by a separate recorded document. All
land so offered shall be free and clear of all liens and encumbrances and without cost to the city.
Streets that are already public are not required to be rededicated. Additional easements may be
required at final design to the satisfaction of the City Engineer.
19. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a right-
of-way permit to the satisfaction of the City Engineer.
Utilities:
20. Developer shall meet with the Fire Marshal to determine if fire protection measures (fire flows, fire
hydrant locations, building sprinklers) are required to serve the project.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CDP 2025-0029 (DEV2023-0056)-DEVRIES TRIPLEX
March 11, 2026
Page 6
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
1. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the
City of Carlsbad Municipal Code to the satisfaction of the City Engineer.
2. Developer shall pay traffic impact and sewer impact fees based on Chapter 18.42 and Chapter 13 .10
of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips {ADT) and floor area
contained in the staff report and shown on the site plan are for planning purposes only.
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.
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 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.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CDP 2025-0029 (DEV2023-0056) -DEVRIES TRIPLEX
March 11, 2026
Pa e 7
If you have any questions regarding this matter, please feel free to contact Kyle Van Leeuwen at (442)
339-2611.
Sincerely,
/!Ms
Michael Strong
Director of Community Development
KVL:cf
cc: Jan DeVries, 2445 Ocean Street LLC, P.O. Box 675324, Rancho Santa Fe, CA 92067
Nichole Fine, Project Engineer
File Copy
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600