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Home My WebLink AboutCDP 03-01; PATTON RESIDENCE; Admin Decision Letter• City of • CDP D3·D~ Carlsbad IAFl,i,il,1·■·14·Flii,,14,il EMERGENCY COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION March 8, 2005 Marshall Plantz City of Carlsbad Departmeat of Public Works 1635 Faraday Avenue Carlsbad, CA 92008-7314 SUBJECT: JEFFERSON STREET REPAIRS The Planning Director has completed a review of the application for an Emergency Coastal Development Permit for repairs to Jefferson Street between Marron Road and 1- 5. The roadway has sustained a failure along the westbound travel lanes. The failure consists of a 195' +/-long fracture and associated road settlement, which has resulted in the need to close the westbound travel lanes. The likely cause of failure is the saturation of the subgrade material resulting from the recent storms and potential leaking from adjacent storm drain culverts. In addition to the roadway condition, there are 3 public utility lines that are at risk of being damaged. The at-risk utilities are a 12" water main, a 24" sewer force main and a 16" sewer force main. The repair work will include replacing 2 CMP storm drain culverts that cross Jefferson Street and the reconstruction of the northerly portion of the roadway including the slope adjacent to the roadway. The Planning Director APPROVES this request for an Emergency Coastal Development Permit based upon the following: Findings: 1. An emergency exists that requires action more quickly than permitted by the procedures for minor coastal permits or for regular permits and the work can and will be completed within thirty days unless otherwise specified by the terms of the permit; 1635 Faraday Avenue• Carlsbad. CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ 1-• CDP03-01 ~PATTON RESIDENCE March 7, 2005 F'AGE2 2. Public comment on the proposed emergency action has not occurred because time did not allow; and 3. The work proposed will be consistent with the requirements ofthe certified land use plan. Conditions: 1. The Planning Director does hereby APPROVE the Emergency Coastal Development Permitfor the project entitled, "Jefferson Street Repairs" (Exhibit A), dated February 4, 2005, on file in the Planning Department and incorporated by this referenc;e, subject to the conditions herein set forth. 2. • This Emergency Coastal Development Permit is granted subject to completion of the emergency repair work within thirty days. 3. The Developer shall submit a formal application for a regular Coastal Development Permit to the Citywithin 30 days of this letter. If you have any questions regarding the final dispositions of your application, please call the Planning Department at (760)-602-4600. [:~~ DON NEU ' Assistant Pfanning Director DN:CD:aw • ' April 1, 2003 Endre Bartanyi, AIA 1321 Stratford Court Del Mar, CA 92014 • • City of Carlsbad IAFl,i,il,1·■·1¥i·Flii,,14,ii MINOR COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION SUBJECT: CDP 03-01 -PATTON RESIDENCE The City has completed a review of the application for a Minor Coastal Development Permit for development located at 2687 Ocean Street. It is the Planning Director's determination that the project CDP No. 03-01 -Patton Residence, 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: Findings: 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 no coastal resources or opportunities for coastal access are available from the subject site. 4. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the site is designated for residential uses. 5. 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. 6. 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(8} and (C} of the Carlsbad Coastal Development Regulations. 1635 Faraday Avenue• Carlsbad. CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559•www.c1carlsbad.ca.us @ • CDP 03-01-PATTON-SIDENCE April1,2003 PAGE2 • 7. That the Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301 of the State CEQA Guidelines and will not have any adverse significant impact on the environment. 8. The subject site is located in the Coastal Resource Protection Overlay Zone, however, the proposed development (215 square feet of living area) is not encroaching into slopes of twenty-five percent indination and/or vegetation and therefore additional submittals, standards or requirements do not apply. The project does not require a grading permit. Conditions: 1. The Planning Director does hereby APPROVE the Minor Coastal Development Permit, CDP 03-01, for the project entitled "Patton Residence" (Exhibits A-B), dated April 1, 2003, 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 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 substantially different from this approval, shall require an amendment to this approval. 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; 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 ln interest by the City's approval of this CDP 03-01. 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 • • CDP 03-01 -PATTON tsl□ENCE April1,2003 PAGE3 • 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 wlth all requirements of law. 6. The 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 non-discretionary, 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. 7. This approval shall become null and void if building permits are not issued for this project within 18 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 CFO #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 and not paid, this approval will not be consistent with the General Plan and shall become void. 9. Approval is granted for CDP 03-01 as shown on Exhibits A-B, dated April 1, 2003, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 10. 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 Planning Director, 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 Planning Director 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. 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. • ' • CDP 03-01 -PATTON lslDENCE April 1, 2003 PAGE4 • 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. CITY OF CARLSBAD MICHAEL J. HOLZMILLER Planning Director MH:GF:bd Chris DeCerbo Bobbie Hoder David Rick File Copy Data Entry Planning Aide Coastal Commission