The URL can be used to link to this page

Home My WebLink AboutCDP 2020-0008; VILLA MIRA A LA COSTA; Admin Decision LetterMay 26, 2020 Jon Price 1107 S Coast Hwy Oceanside, CA 92054 FILE MINOR COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION ~~1 lf'>c~ 0u-i-S / .2-i /:Ju~ RE: CDP 2020-0008 {DEV2020-00S0)-VILLA MIRA A LA COSTA C_cityof Carlsbad The city has completed a review of the application for a Minor Coastal Development Permit for an interior and exterior remodel to an existing multiple-family structure with three dwelling units located at 2459 Ocean Street, Units A-C, within the appeal jurisdiction of the California Coastal Commission. More specifically, the minor improvements associated with this project include replacement of various doors and windows throughout, demolition and removal of a roof-top water heater closet and several chimneys, new exterior stucco finish, new exterior roofing, new dormer roof elements associated with a 217-square- foot expansion on the east-facing elevation at Unit A, and a 20-square-foot-expansion to Unit C at the interior courtyard. It is the City Planner's determination that the project, CDP 2020-0008 {DEV2020-0050) -VILLA MIRA A LA COSTA, 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 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 project will not interfere with the public's right to physical access in that the adjacent beach area is public and there is also an existing vertical shoreline public access located one lot to the north. 3. The proposed development will have no adverse effect on coastal resources, in that the entire lot is previously disturbed and developed with a three-unit multiple-family structure, garages, hardscape and mature landscaping. 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 multiple-family residential use and the project proposes minor improvements within the footprint of the existing structure. The proposed improvements do not obstruct views of the coastline as seen from public lands or public rights-of-way or otherwise damage the visual beauty of the coastal zone; and no Community Development Department Planning Division \ 1635 Faraday Avenue Carlsbad, CA 92008-7314 \ 760-602-4600 \ 760-602-8560 f I www.carlsbadca.gov CDP 2020-0008 (DEV2020-0050)-VILLA MIRA A LA COSTA May 12, 2020 Pa e 2 agricultural activities, sensitive biological resources, geological instability or coastal access opportunities exist on the previously graded and developed property. 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 to the existing multiple-family structure, which is located In a long- established neighborhood. No undevelopable steep slopes or native vegetation exist on t!,e subject property and the developed site is not known to be located within an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. No habitat buffers or geologic stability setbacks are required of the previously graded and developed property. 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. 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(e)(1)-Existing Facilities of the State CEQA Guidelines and will not have any adverse significant impact on the environment. 8. 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 APPROVE the Minor Coastal Development Permit, CDP 2020-0008, for the project entitled Villa Mira A La Costa (Exhibits "A" -"CC"), dated May 26, 2020, 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. '. . - CDP 2020-0008 (DEV2020-0050) -VILLA MIRA A LA COSTA May 12, 2020 Pa e 3 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 shallbe 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 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. 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. CDP 2020-0008 (DEV2020-0050)-VILLA MIRA A LA COSTA May 12, 2020 Pa e4 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 Jason Goff at (760) 602-4643 or by email at Jason.Goff@carlsbadca.gov. CITY OF CARLSBAD I e___.._· TERI DELCAMP Principal Planner TD:JG: c: Timothy Grant, 16580 N. 92'' Street, Unit #4002, Scottsdale, AZ 85260 Kevin and Mimi Sayer, 7934 Corte Domingo, carlsbad, CA 92009 Todd and Michele Dominick, 1104 Grandview Avenue, Unit #3, Pittsburg, PA 15211 Tecla Levy, Project Engineer File Copy Data Entry