HomeMy WebLinkAboutCDP 2019-0003; 3745 ADAMS STREET DEMOLITION; Admin Decision LetterMay 1, 2019
Patrick Zabrocki
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MINOR COASTAL DEVELOPMENT PERMIT
NOTICE OF DECISION
Howes, Weiler, Landy Planning and Engineering
Suite 217
2888 Loker Avenue East,
Carlsbad, CA 92010
RE: CDP 2019-0003 (DEV2019-0019) -3745 ADAMS STREET DEMOLITION
Ccityof
Carlsbad
The city has completed a review of the application for a Minor Coastal Development Permit for the
demolition of a single-family residence located at 3745 Adams Street, APN No. 205-270-13, including
portions of the structure located within the adjacent public right-of-way.
It is the City Planner's determination that project CDP 2019-0003 (DEV2019-0019)-3745 ADAMS STREET
DEMOLITION, 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 in that the property is not
located adjacent to the coastal shoreline; and therefore will not interfere with the public's right
to physical access or water-oriented recreational activities.
4. The proposed development will have no adverse effect on coastal resources in that the property
is not located adjacent to the coastal shorelines or any bodies of water.
5. 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 demolition of the existing single-
family residence is not precluded by the Certified Local Coastal Program.
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{6) and (C) of the
Carlsbad Coastal Development Regulations.
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 2019-0003 (DEv2019-0019) -3745 Alk~s S'TREET DEMOLITION
May 1, 2019
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7. That the City Planner has determined that the project is exempt from the requirements of the
California Environmental Quality Act (CEQA) per Section 15301 -Existing Facilities of the State
CEQA Guidelines and will not have any adverse significant impact on the environment.
Conditions:
NOTE: Unless specifically stated in the condition, the following conditions must be met prior to approval
of a building permit.
1. The City Planner does hereby APPROVE the Minor Coastal Development Permit, CDP 2019-0003,
for the project entitled 3745 ADAMS STREET DEMOLITION {Exhibit A), dated May 1, 2019, 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.
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
. .
CDP 2019-0003 (DEV2019-0019) -3745 ADAMS STREET DEMOLITION
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emissions. This obligation survives until all legal proceedings have been concluded and continues
even ifthe 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 demolition 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.
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. All trees shall remain protected in place during demolition. Removal of trees shall be reviewed
as part of a Coastal Development Permit for future development.
Engineering:
General
13. 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.
Storm Water Quality
14. 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
CDP 2019-0003 (DEV2019-0019) -3745 ADAMS STREET DEMOLITION
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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.
15. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP Tier
Level and Constructi_on Threat Level Form pursuant to City Engineering Standards. Developer shall
also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level
Storm Water Pollution Prevention Plan {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.
Dedications/Improvements
16. Prior to any work or equipment staging 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. Any fences
to be installed in the right-of-way shall be shown on the right-of-way permit.
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CDP 2019-0003 (DEV2019-0019) -3745 ADAMS STREET DEMOLITION
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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. 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.
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 Esteban Danna at 760-602-
4629 or by email at esteban.danna@carlsbadca.gov.
CITY OF CARLSBAD
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TERI DELCAMP
Principal Planner
TD:ED:dh
c: Dennis Gimian, The Ricky and Chico Trust, Goldenwest Capital LLC Trustee, PO Box 10537,
Newport Beach, CA 92018
Don Neu, City Planner
Jennifer Horodyski, Project Engineer
Jeremy Riddle, Development Services-Manager
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