HomeMy WebLinkAboutCDP 2019-0008; WAILES REMODEL; Admin Decision LetterOctober 28, 2019
John Beery
2292 Faraday Av
Carlsbad, CA 92008
FILE
MINOR COASTAL DEVELOPMENT PERMIT
NOTICE OF DECISION
RE: CDP 2019-0008 (DEV2019-0051) -WAILES REMODE~
('Cityof
Carlsbad.
The city has completed a review of the application for a Minor Coastal Development Permit for a remodel
to a single-family residence located at 2729 Ocean Street (APN: 203-140-27-00) within the appeal
jurisdiction of the California Coastal Commission. The project consists of an interior remodel converting
an existing mud room and entry closet into a wet bar and converting crawl space in an existing basement
into a wine cellar.
It is the City Planner's determination that the project CDP 2019-0008 -WAILES REMODEL 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.
4. The proposed development will have no adverse effect on coastal resources, in that the project site
is developed and the project involves an interior remodel and converting crawl space in an existing
basement into a wine cellar. The improvements will not impact steep slopes or mature vegetation
since the site is fully developed.
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 site is designated for residential uses and the
project consists of an interior remodel converting existing space to a wet bar and existing crawl
space to a wine cellar within an existing single-family residence. The proposed project is consistent
with the surrounding residential development. The proposed project will not obstruct views of the
Community & Economic Development
Planning Division J 1635 Faraday Avenue Carlsbad, CA 92008-7314 J 760-602-4600.J 760-602-8560 f I www.carlsbadca.gov
CD~ 2019-0008 {DEV2019-0051) -WAILES REMODEL
October 28, 2019
Page 2
coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual
beauty of the coastal zone because all of the work is interior to the home.
6. 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. In
addition, the site is not located in an area prone to landslides, or susceptible to accelerated erosion,
floods or liquefaction. Limited de_velopment is proposed within the interior of an existing residence
located in a long-established neighborhood.
7. 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 21.201.0S0{B) and (C) of the
Carlsbad Coastal Development Regulations.
8. 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 f,acilities of the State CEQA .
Guidelines and will not have any adverse significant impact on the environment.
9. The City Planner has reviewed each of the exactions imposed on the Developer contained in this
approval letter, and hereby finds, in this case, that the exactions are imposed to mitigate impacts
caused by or reasonably related to the project, and the extent and the degree of the exaction is in
rough proportionality to the impact caused by the project.
Conditions:
1. The City Planner does hereby APPROVES the Minor Coastal Development Permit, CDP 2019-0008, for
the project entitled WAILES REMODEL (Exhibits A-H), dated October 28, 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 ah 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.
CDP 2019-0008 (DEV2019-0051) -WAILES REMODEL
October 28, 2019
Page 3
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 th.e ~mission 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, 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 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.
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. Prior to the issuance of building permits, developer shall apply for and complete the processing of
a certificate of compliance for lot legality purposes to the satisfaction of the city engineer.
Developer shall pay processing fees per the city's latest fee schedule.
CDP 2019-0008 (DEV2019-0051) -WAILES REMODEL
October 28, 2019
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Storm Water Quality
13. 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.
14. 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.
Dedication/Improvements
15. Developer shall cause owner to dedicate to the city and/or other appropriate entities an easement
for public street & public utility purposes as shown ori 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.
CDP 2019-0008 {DEV2019-0051) -WAILES REMODEL
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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.
The project site is within the appealable area of the California Coastal Commission. This Minor 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.
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 Chris Sexton at 760-602-4631
or by email at chris.sexton@carlsbadca.gov.
CITY OF CARLSBAD
TERI DELCAMP
Principal Planner
TD:CS:mf
c: Robert Wailes, 2729 Ocean St., Carlsbad CA 92008
Don Neu, City Planner
Kyrenne Chua, Project Engineer
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