HomeMy WebLinkAboutCDP 2018-0001; SELHAY ADU - 3RD EXTENSION; Admin Decision LetterJuly 8, 2024
Ron Selhay
7260 Mimosa Drive
Carlsbad, CA 92011
(city of
Carlsbad
SUBJECT: CDP 2018-0001 (DEV2018-0001) -SELHAY ADU -3RD EXTENSION
Dear Mr. Selhay:
The Planning Division has completed its review of your application for the third extension of Minor
Coastal Development Permit, CDP 2018-0001-SELHAY ADU, submitted on May 24, 2024. Minor Coastal
Development Permit CDP 2018-0001 was originally approved by the City Planner on May 30, 2018, and
• was due to expire on May 30, 2020. On June 9, 2020, the City Planner granted the first two-year
extension of CDP 2018-0001 from May 30, 2020, to May 30, 2022. On June 24, 2022, the City Planner
granted the second two-year extension of CDP 2018-0001 from May 30, 2022, to May 30, 2024.
After careful consideration of the circumstances surrounding this request, it has been determined that (1)
the third extension of Minor Coastal Development Permit, CDP 2018-0001-SELHAY ADU, was submitted
in a timely manner prior to the expiration date, (2) there has been no change of circumstances in relation
to the Coastal Development Permit regulations (i.e., Title 20 of the Carlsbad Municipal Code), (3) the
project is still in compliance with the Coastal Development Permit regulations, and (4) the findings
required for granting a Coastal Development Permit Extension can be made; therefore, the city planner
retroactively APPROVES the third extension of Minor Coastal Development Permit CDP 2018-0001 for
two (2) years from May 30, 2024, to May 30, 2026, based on the following findings and conditions.
Findings:
1. All of the findings contained in the City Planner's Notice of Decision letter dated May 30, 2018
for CDP 2018-0001 apply to this extension and are incorporated herein by reference and remain
in effect.
2. That the two-year extension (from May 30, 2024 to May 30, 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
construction of a detached, one-story, 1,200 square foot accessory dwelling unit (CDP 2018-
0001).
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CDP 2018-0001 (DEV2018-0001)-SELHAY ADU-3RD EXTENSION
July 8, 2024
Pa e 2
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. The City Planner has determined that the project belongs to a class of projects that the State
Secretary for Resources has found do not have a significant impact on the environment, and it is
therefore categorically exempt from the requirement for preparation of environmental
documents pursuant to Sections 15303(a) of the State CEQA Guidelines. More specifically, CEQA
Section 15303(a) -New Construction or Conversion of Small Structures, is a Class 3 exemption
which includes the construction of a detached, one-story, 1,200 square foot accessory dwelling
unit in a residential zone. In making this determination, the City Planner has found that the
exceptions listed in Section 15300.2 of the State CEQA Guidelines do not apply to this project.
Conditions:
1. This third extension of the Coastal Development Permit is granted from May 30, 2024, to May
30, 2026. If building permits for this project are not obtained within this time period, the Coastal
Development Permit extension will expire on May 30, 2026.
2. All of the conditions contained in the City Planner's Notice of Decision letter dated May 30, 2018
for CDP 2018-0001 apply to this extension and are incorporated herein by reference and remain
in effect except for Condition No. 7 which is superseded by Condition No. 1 of this approval
letter.
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600
CDP 2018-0001 (DEV2018-0001)-SELHAY ADU-3RD EXTENSION
July 8, 2024
Pa e 3
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 Kyle Van
Leeuwen at (442) 339-2611.
CITY OF CARLSBAD
CLIFF JONES
Principal Planner
DN:KVL:cf
c: Eric Lardy, City Planner
Tim Carroll, Project Engineer
Data Entry/HPRM
Community Development Department
Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600