HomeMy WebLinkAboutCDP 2022-0002; SWAN RESIDENCE (ADU) - 1ST EXTENSION; Admin Decision LetterMay 29, 2024
Crista and Chris Swan
2668 Ocean Street
Carlsbad, CA 92008
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SUBJECT: CDP 2022-0002 (DEV2021-0100)-SWAN RESIDENCE (ADU)-1ST EXTENSION
The Planning Division has completed its review of your application for the first extension of Minor Coastal
Development Permit, CDP 2022-0002, submitted on May 17, 2024. The project, located on a previously
graded and developed property at 2668 Ocean Street in the Mello II Segment of Coastal Zone, was
approved, pn May 19, 2022, and due to expire on May 19, 2024. After careful consideration of the
circumstances surrounding this request, it has been determined that (1) there has been no change of
circumstances in relation to coastal resources per Section 13169 of the California Code of Regulations, (2)
the project is still in compliance with the Coastal Development Permit regulations, and (3) that the findings
required for granting a Minor Coastal Development Permit extension can be made; therefore, the City
Planner APPROVES the first extension of Minor Coastal Development Permit, CDP 2022-0002, for two
(2) years from May 19, 2024 to May 19, 2026, based on the following findings and conditions.
Findings:
1. All of the findings contained in the Minor Coastal Development Permit Notice of Decision Letter
dated May 19, 2022 for Minor Coastal Development Permit, CDP 2022-0002, apply to this extension
and are incorporated herein by reference and remain in effect.
2. That the first two-year extension from May 19, 2024 to May 19, 2026 is appropriate because the
project is still consistent with the Coastal Development Permit regulations, and the extension would
allow the owner/applicant to preserve existing property entitlements while satisfying the conditions
for an attached 710-square-foot accessory dwelling unit within a new 3,348-square-foot single-
family residence (CDP 2021-0025/V 2021-0001).
3. That such permits and approvals as extended are consistent with the requirements of Title 21 of this
code at the time of their extension.
4. That the City Planner has determined that the project is exempt from the requirements of the
California Environmental Quality Act (CEQA) per Section 15303(a)-New Construction or Conversion
of Small Structures of the State CEQA Guidelines and will not have any adverse significant impact on
the environment.
Community Development Department
Planning Division J 1635 Faraday Avenue Carlsbad, CA 92008-7314 J 442-339-2600 www.carlsbadca.gov
COP 2022-0002 (DEV2021-0100} -SWAN RESIDENCE (ADU) -lST EXTENSION
May 29, 2024 J
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Conditions:
1. This first extension of Minor Coastal Development Permit, CDP 2022-0002, is granted from May 19,
2024 to May 19, 2026. If building or grading permits for this project are not obtained within this time
period, the Minor Coastal Development Permit extensions will expire on May 19, 2026, unless
extended per Section 21.201.210 of the Carlsbad Municipal Code.
2. All of the conditions contained in Minor Coastal Development Permit Notice of Decision Letter dated
May 19, 2022 for Minor Coastal Development Permit, CDP 2022-0002, apply to this extension and
are incorporated herein by reference and remain in effect except for Planning Condition No. 7 which
is superseded by Condition No. 1 of this approval letter.
NOTICE
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.'F
You have 90 days from the 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.
This decision may be appealed by you or any other member of the public to the Planning Commission
within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at
1635 Faraday Avenue in Carlsbad, along with a payment of $900. 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. If you have any questions regarding this matter, please feel to contact Jason
Goff at (442) 339-2643.
CITY OF CARLSBAD
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CLIFF JONES
Principal Planner
CJ:JG:mh
c: nm Carroll, Project Engineer
Eric Lardy, City Planner
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