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HomeMy WebLinkAboutCDP 2021-0051; HIRSCHKOFF RESIDENCE ADDITION; Admin Decision LetterMay 9, 2022 Jason Molgren 2017 Polk Avenue San Diego, CA 92104 MINOR COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION RE: CDP 2021-0051 (DEV2021-0208} -HIRSCHKOFF RESIDENCE ADDITION {'city of Carlsbad 8FILE corY fY1 "-•' l-c.d S-/ II /2' The city has completed a review of the application for a Minor Coastal Development Permit for a 345- square-foot, second-story addition to an existing two-story residence located at 2353 Jefferson Street (APN 155-180-28-00) within the appealable jurisdiction of the California Coastal Commission. It is the City Planner's determination that the project, CDP 2021-0051 (DEV2021-0208) -HIRSCHKOFF RESIDENCE ADDITION, 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 proposed development is in conformance with the Mello II Segment of the Certified Local Coastal Program and all applicable policies in that the project site is zoned R-3, Multiple-Family Residential, and designated R-15, Residential 8-15 du/ac, in the General Plan. Permitted uses include single-family, two-family, and multi-family residences. The project consists of a second- story addition of 345 square feet of habitable space to a two-story single-family residence on a 0.28- acre property that is in consistent with the Mello II Segment of the Local Coastal Program. The proposed addition to the single-family residence does not obstruct views of the Buena Vista Lagoon as seen from public land or public right-of-way or otherwise damage the visual beauty of the lagoon. No agricultural activities, geological instability or coastal access opportunities exist on the previously graded and developed site; and no sensitive biological resources exist on the site. 3. The proposal is in conformity with the public access and 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. Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov CDP 2021-0051 (DEV2021-0208) -HIRSCH KOFF RESIDENCE ADDITION May 9, 2022 Pa e 2 4. 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. No development occurs within areas of natural steep slopes (~25%); no native vegetation is located on the subject property; and no habitable development occurs within the 100-year flood plain. A geotechnical report prepared for the project indicates that the site is not located in an area prone to landslides or slope instability for the life of the project; and seismic hazards, such as risk of liquefaction, tsunami and seiche, is considered low. 5. The project is consistent with the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance) in that a) the project does not interfere with the public's right to physical access as there are no existing lagoon public access points in close proximity of the project site; b) the proposal does not deny the public access to the view of the lagoon; c) a geotechnical analysis and subsequent updates for the project concluded that the proposed development will have no adverse effect on the stability of the site or the lagoon for the life of the project and that the site is suitable for the proposed development; d) all portions of the proposed room addition, including a balcony, adhere to the coastal "stringline'' setback requirements in that the addition is located on the second floor toward the front of the house, and facing Jefferson Street; e) the project proposes an attractive architectural design that is well-articulated and consistent with the existing permitted residence and adjacent homes within the neighborhood and will continue to preserve existing lagoon views from the public street; f) the proposed second-story addition to the existing single-family home, does not impact the natural features and topography of the site; and g) the improved site has been previously graded to accommodate the existing single- family residence. 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 21.201.0B0(B) 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) -Existing Facilities of the State CEQA Guidelines and will not have any adverse significant impact on the environment. Conditions: 1. The City Planner does hereby APPROVE the Minor Coastal Development Permit, CDP 2021-0051, for the project entitled HIRSCH KOFF RESIDENCE ADDITION (Exhibits "A" -"N"), dated May 2, 2022, 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 righ~ 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 2021-0051 (DEV2021-0208) -HIRSCH KOFF RESIDENCE ADDITION May 9, 2022 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 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. 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. 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. 10. 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. CDP 2021-0051 (DEV2021-0208) -HIRSCHKOFF RESIDENCE ADDITION May 9, 2022 Pa e 4 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 $876.00. 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 Paul Dan at 442-339-2416 or by email at paul.dan@carlsbadca.gov. CITY OF CARLSBAD CLIFF JONES Principal Planner CJ:PD:cf c: Don Neu, City Planner David Rick, Project Engineer Laserfiche/File Copy Data fntry