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Home My WebLink AboutCDP 2019-0011; CARLSBAD BY THE SEA; Admin Decision Letter,. August 15, 2019 Diego Lastres Cuningham Group 1030 G Street San Diego, CA 92101 MINOR COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION RE: CDP 2019-0011 (DEV2019-0066} -CARLSBAD BY THE SEA Ccityof Carlsbad The city has completed a review of the application for a Minor Coastal Development Permit to remove and replace an existing two-foot-tall glass security barrier facing Ocean Street with a five-foot-tall glass security barrier. The glass barrier will be located on top of an existing two-foot-tall wall, resulting in an overall combined height of seven (7) height. Variance (V) 94-01 was approved on December 5, 1995 to allow structures over height within the 20-foot front yard setback. The proposed 7-foot height of the combination wall/glass barrier is in substantial compliance with V 94-01. The project is located at 2807 Ocean Street (APN 203-235-05) and within the Carlsbad by the Sea professional care facility. The project site is located within the appealable area of the California Coastal Commission. It is the City Planner's determination that the project CDP 2019-0011 -CARLSBAD BY THE SEA, 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 as the site is developed with a professional care facility and the proposed project entails the replacement of an existing two-foot-tall glass security barrier facing Ocean Street with a five-foot-tall glass security barrier. The existing public beach access to the south of the subject site will not be impacted. 4. The proposed development will have no adverse effect on coastal resources, in that the project site is developed and the project entails the replacement of an existing two-foot-tall glass security barrier facing Ocean Street with a five-foot-tall glass security barrier. The improvements will not impact steep slopes or mature vegetation since the site is fully developed. 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 2019-0011 (DEV2019-0066) -CARSLSBAJ~~j t13sii.ti ; · .. August 15, 2019 Pa e 2 ---------------- 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 R-3, Multiple Family Residential, and professional care facilities such as Carlsbad by the Sea are conditionally-permitted uses. The proposed project entails the replacement of an existing two-foot-tall glass security barrier facing Ocean Street with a five-foot-tall glass security barrier. The glass barrier will be located on top of an existing two-foot-tall wall, resulting in an overall combined height of seven (7) feet. Variance 94-01 was approved on December 5, 1995 to allow structures over height within the 20- foot front yard setback. The proposed project's glass barrier material 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. No agricultural uses currently exist on the site, nor are there any sensitive resources located on the property. Furthermore, the project site is not located in an area of known geologic instability or flood hazards. 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. Furthermore, no natural steep slopes greater than or equal to 25 percent gradient will be affected by the project. In addition, the project is not located in an area prone to landslides, susceptible to accelerated erosion, floods or liquefaction, and will not impact native vegetation. 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 21.201.0B0(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 15302 -Replacement or Reconstruction 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 resolution, 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 APPROVE the Minor Coastal Development Permit, CDP 2019-0011, for the project entitled CARLSBAD BY THE SEA {Exhibits "A" -"C") dated August 15, 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. CDP 2019-0011 (DEV2019-0066) -CARSLSBAD BY THE SEA August 15, 2019 Pa e 3 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, 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 are not paid, this approval will not be consistent with the General Plan and shall become void. 9. 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 2019-0011 (DEV2019-0066) -CARSLSBAD BY THE SEA August 15, 2019 Pa e 4 NOTICE This decision may be appealed by you or any member of the public to the Planning Commission within ten 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 $876.00 plus notice fee~. 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 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 Shannon Harker at 760-602- 4621. CITY OF CARLSBAD TERI DELCAMP Principal Planner TD:SH:dh c: Joan Johnson, Carlsbad by the Sea Retirement Community, 2855 Carlsbad Boulevard, CA 92008 Don Neu, City Planner Kyrenne Chua, Project Engineer California Coastal Commission {NoFA) HPRM/File Copy