HomeMy WebLinkAboutCDP 2021-0023; MINICILLI RESIDENCE CDP - 1ST EXTENSION; Admin Decision LetterJune 17, 2024
Kyron Brimmer
500 Forrest Bluff, Unit 6
Encinitas, CA 92024-5834
City of Carlsbad
JUN 1 7 2024
Planning Division
{cityof
Carlsbad
SUBJECT: CDP 2021-0023 (DEV2021-0092)-MINICILLI RESIDENCE CDP-1st EXTENSION
Dear Kyron Brimmer,
The Planning Division has completed a review of your application for the 1st extension of Coastal
Development Permit, CDP 2021-0023 -MINICILLI RESIDENCE CDP, located at 3926 Highland Drive on
0.26 acres of land. The project was approved on July 20, 2022, and is due to expire on July 20, 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 Coastal Development Permit extension can be made;
therefore, the City Planner APPROVES the 1st extension of Coastal Development Permit No. CDP 2021-
0023 for two (2) years from July 20, 2024, to July 20, 2026, based on the following findings and conditions.
Findings:
1. All of the findings contained in the Planning Commission Resolution No. 7455 dated July 20, 2022,
for CDP2021-0023 apply to this extension and are incorporated herein by reference and remain in
effect.
2. That the first two-year extension (from July 20, 2024 to July 20, 2026) is appropriate because the
owner/applicant is diligently pursuing finalizing all necessary permits, 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 the addition and
remodel of an existing two-story single-family residence and attached two-car garage and the
construction of a new approximately 2,041-square-foot addition to the home and 180-square-foot
addition to the attached garage, resulting in a 3,542-square-feet home with an attached 450-
square-foot garage when completed (CDP 2021-0023).
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.
Conditions:
1. This first extension of the Coastal Development Permit is granted from July 20, 2024, to July 20, 2026.
If building permits for this project are not obtained within this time period, the Coastal Development
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CDP 2021-0023 (DEV2021-0092) -MINICILLI RESIDENCE CDP -1 sr EXTENSION
June 17, 2024
Pa e 2
Permit extension will expire on July 20, 2026, unless extended per Section 21.201.210 of the Carlsbad
Municipal Code.
2. All of the conditions contained in Planning Commission Resolution No. 7455 dated July 20, 2022, for
CDP 2021-0023 apply to this extension and are incorporated herein by reference and remain in effect
except for Planning Condition No. 10 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."
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 Alex
Alegre at (442) 339-5268.
Sincerely,
Eric Lardy
City Planner
EL:AA:cf
c: Frank Minicilli, 3924 Highland Drive, Carlsbad, CA 92008
Tim Carroll, Project Engineer
Eric Lardy, City Planner
Data Entry
Laserfiche/File Copy
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600