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Home My WebLink AboutCDP 04-55; Byrne Residence Alteration; Coastal Development Permit (CDP) (2)CITY OF CARLSBAD LAND USE REVIEW APPUCATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPARTMENT USE ONLY) (FOR DEPARTMENT USE ONLY) • Administrative Permit • Planned Industrial Permit • Administrative Variance • Planning Commission Determination Coastal Development Permit • Precise Development Plan • Conditional Use Permit • Redevelopment Permit • Condominium Permit • Site Development Plan • Environmental Impact Assessment • Special Use Permit • General Plan Amendment • Specific Plan • Hillside Development Permit • Tontativo Parcel Map Obtain from Engineering Department • Local Coastal Program Amendment • Tentative Tract Map • Master Plan • Variance • Non-Residential Planned Development • Zone Change • Planned Development Permit • List other applications not specified 2) ASSESSOR PARCEL NO(S).: 3) PROJECT NAME: 4) BRIEF DESCRIPTION OF PROJECT: Ci?HNlr<^\ON fe(t5T. |.N.9|9V3S IP U^Ti/i»\ WlTVj NgV4 ^l^HCl AfoMf 5) OWNER NAME (Print or Type) tACRfcefCT R. ^ LORlVie CL . Ne 6) APPLICANT NAME (Print or Type) MAILING ADDRESS r?oo\ TiepjPA DEL <DM smeeT MAILING ADDRESS eb<^\ TiEpfA K5eUOJ20 STI2HET CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE 1 CERTIFY THAT 1 AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION—iS TRUE AND£PRRECT TO THE BEST^OF MY 1 CERTIFY THAT I'AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND ^COg^l^O THE BEST OF MY KNOWLEDGE. ^ '^^^^^QC^ f SIGNATORf A /) DATE SOTATURS^ DATE 7) BRIEF LEb^L DESCRIPTION U>T -20 )^AP ^O'b'L Tie ij(A 0ELOf?0 NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR JO 4:90 P.M. Form 14 Rev. 04/04 5* -' 1 PAGE 1 OF 6 8) LOCATION OF PROJECT ON THE BETWEEN WEST STREET ADDRESS SIDE OF (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) CANNON Pc?*tP AND (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE (NAME OF STREET) 3ir 10) PROPOSED NUMBER OF LOTS CE/lSTlM(j-^ 13) TYPE OF SUBDIVISION 16) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) GROSS SITE ACREAGE 22) EXISTING ZONING 24) owe. 11) NUMBER OF EXISTING RESIDENTIAL UNITS 14) PROPOSED IND OFFICE/ SQUARE FOOTAGE 17) PROPOSED INCREASE IN ADT 20) EXISTING GENERAL PLAN 23) PROPOSED ZONING - O- 12) PROPOSED NUMBER OF RESIDENTIAL UNITS 15) PROPOSED COMM SQUARE FOOTAGE 18) PROPOSED SEWER USAGE IN EDU 21) PROPOSED GENERAL PLAN DESIGNATION - o - OS IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO.ENTRYJOR THIS PURPOSE FOR CITY USE ONL^ FEE COMPUTATION APPLICATION TYPE FEE REQUIRED RECEIVED NOV 1 9 2004 ECEIVED PLANNING DEPT RECEIVED BY: TOTAL FEE REQUIRED Form 14 Rev. 04/04 PAGE 2 OF 6 City of Carlsbad 163 5 Faraday Avenue Carlsbad CA 92 001 Applicant: BYRNE HERBERT Description CDP04055 Amount 1,100.00 Receipt Number: R0046476 Transaction Date: 11/19/2004 Pay Type Method Description Amount Payment Check 1079 1,100.00 Transaction Amount: 1,10 0.00 5924 11/19/04 0002 01 02 CGP 1100.00 CITY OF CARLSBAD APPUCATION REQUIREMENTS FOR: COASTAL DEVELOPMENT PERMIT (SINGLE FAMILY REGULAR AND MINOR) COASTAL DEVELOPMENT PERMIT SUPPLEMENTAL APPLICATION (FOR AjLL COASTAL DEVELOPMENT PERMITS) This supplemental application is to be filed for any development requiring a Coastal Development Permit issued by the City of Carlsbad. **Application checklist for Non-Single Family Regular Coastal Development Permits covered under separate handout A proposed project requiring that multiple applications be filed must be submitted prior to 3:30 p.m. A proposed project requiring that only one application be filed must be submitted prior to 4:00 p.m. All joint application exhibits, i.e. Tentative Map and Plaimed Development Site Plan should be prepared at the same scale. (Use a scale no smaller than 1" = 40'.) This supplemental application is to be filed for any development requiring a Coastal Development Pemiit issued by the City of Carlsbad. I. GENERAL BACKGROUND A. Estimated Cost of Development: Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit. The Plarming Director shall make the final detemiination regarding a project's cost of development. The primary basis for determining cost of development will be the apphcation of dollar costs per square foot for different types of residential construction. These costs are set by the Intemational Conference of Building Officials (ICBO) and are applied throughout San Diego Coimty. Please complete the following information to assist in the determination of this project's cost of development (Contractor proposals may also be submitted for consideration by the Planning Director). Please refer to the current fee schedule for the appropriate $/square foot fee rate. => New Residential Square Footage: - <=> - square feet x $ /sq. ft. = $ -<^ - Residential Addition Square Footage: fe»J35>JVr ie>1 square feet x $ l9) /sq. ft. = $ ^^431 . Any Garage Square Footage: — o — square feet x $ /sq. ft. = $ —o ~ ^ Residential Conversion Square Footage: -TOS^_2T^_ square feet x $ ^0 /sq. ft. = $ g>,'2^.g:3c? => Please contact the City of Carlsbad Building Department for current fee rate for Non- Residential uses (i.e. Retail/Store; Restaurants; Office; and Manufacturing/Warehouse uses.) ~ o ~ square feet x $ Isq. ft. = $ ~ '=>•' COST OF DEVELOPMENT ESTIMATE: $ (oQ\ ^ Form 13 Revised 04/04 Page 1 of 7 B. Do you wish to apply for: 1. A Minor Coastal Development Permit (Under $60,000 cost estimate) 0 2. A Regular Coastal Development Permit ($60,000 or more cost estimate) Q C. Street address of proposed development <y<X>\ TIERRA PELOPvO ^IteEET D. Assessor's Parcel Number of proposed development ^lg> - 0*20 - 23 E. Development Description: Briefly describe project: 0:>NVggSlOW <^F EXISTIN (y E^ecteoOM ANlP MALL = lai^ Describe the present land uses (i.e. vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North: STATie. SEA=-H South: I ^ 2. STO|g>| ^IWf^ OWgULtKir-yS East: PtJSUcl fAg.VC 4 RaCEg. plAMT West: B^onci OCEAN G. Is project located within a lOO-year flood plain? •ves Ix] No II. PRESENT USE OF PROPERTY A. Are there existing structures on the property? X |^ If yes, please describe. \f1 -STCXao^ 3iKyf£ fAMlLL| DttUElUNf-j- = 4^^! ?F ATt^iC^D B. Will any existing structure be removed/demolished? \77\ ^ No No If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). III. LOT COVERAGE A. Existing and Proposed Existing New Proposed Total Building Coverage sq. ft. -o - sq. ft. sq. ft. Landscaped Area ^{\00 sq. ft. -o- sq.ft. ^<\C?0 sq. ft. Hardscape Area 4,^^ sq.ft. -o- sq.ft. A,OlO sq.ft. Unimproved Area (Left Natural) \f>0(f> sq. ft. -g- sq. ft. A^ihOio sq. ft. Form 13 Revised 04/04 Page 2 of 7 B. Parking: Number of existing spaces Number of nevi^ spaces proposed Existing/Proposed TOTAL: Number of total spaces required Number of covered spaces Number of uncovered spaces Number of standard spaces Number of compact spaces Is tandem parking existing? Is tandem parking proposed? Grade Alteration: Is any grading proposed? If yes, please complete the following: 1. 2. 3. 4. 5. 6. Amount of cut - o - Amount of fill -"O - Maximum height of fill slope t^A Maximum height of cut slope tlA Amount of import or export -o- -o - -o- rx]Yes# • Yes# • Yes •NO HNO 2(1 No cu. yds. cu. yds. feet feet cu. yds. Location of borrow or disposal site HA Form 13 • ••••• ***************** Revised 04/04 * * * * Page 3 of 7 PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: g>^M^ ^^ESlCQJCE - AaTa^TloN APPLICANT NAME: l4eReeg.T R.. ^ LomNEC. ^(ij^S Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: Alteration to existing single family dwelling ... conversion of existing bedroom and hall to an indoor / outdoor lanai space = 275 sf.. Construction of new balcony above the conversion area = ^8>7 sf.. No new living space. No site work. Project Description 10/96 Page 1 of 1 City of Carlsbad Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% ofthe shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person //. £ '¥v//^K\'€ Corp/Part UO. 3{^f IT)^ Title '^irO'h -iei - Vyrn f f/hHi/yVSi*^ TCo<rtr* Address '^O (> I T^a> XT '^C. clJl 6^0 Address SlD^J/ 77v?t/«^t J.iJ[ 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person ^^"^^ ^^^"^ Corp/Part Title Title Address Address 1636 FafSCiay flve«iue • Ca/lstias. CA 9I2D:6-73J4 • (TeOl fi02-<160Q • FAX (760) 60?-6S5g » wv*w.a calsfiaa.ca.us ^ 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary ofthe. Non ProfigfrusT) ^^^'^ -e t yT'Tjo? Profit/Trust Title 'InTyh.iP , Title T^^^T^^f* Address i "T/^i/</<!> cLcXd<3 Address 4. Have you had more than $250 worth of business transacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve (12) months? I I Yes [u^ji^ if yes, please indicate person(s): NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signature of ownerraate Signature of applycpnt/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 F6rm No. 1068-1 (Rev. 10/17/92) Exhibit A to Preliminary Report Preliminary Report Hrst American Title Insurance Company ORDER NO. 1192971-9 y /> FIRST AMERICAN TITLE INSURANCE COMPANY 411 IVY STREET, SAN DIEGO, CALIFORNIA 92101 P.O. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-1776 July 30, 1998 ESCROW TRANSFERS 785 GRAND AVE.. #101 CARLSBAD, CA 92008 ATTN: RONEE KOZLOWSKI YOUR REF: 12204-RNK OUR ORDER NO. 1192971-9 BUYER: BRYNE, DICK AND LAURIE IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH HEREIN. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. PLEASE READ THB EXCEPTIONS SHOWN OR REFERRED TO BELOW AMD THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THB CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF JULY 17, 1998 AT 7:30 A.M. BONNIE STARK - TITLE OFFICER JEFF YOUNG - ASST. TITLE OFFICER DIRECT DIAL PHONE 231-4631 FAX NO. 231-4640 ORDER NO. 1192971-9 THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: ALTA RESIDENTIAL TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: DONALD N. WOLLAN, TRUSTEE OF THE WOLLAN FAMILY TRUST DATED 1989 THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: FEE THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: (SEE ATTACHED LEGAL DESCRIPTION) AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1998-99, A LIEN, NOT YET PAYABLE. DELINQUENT, GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1997-98 AND SUBSEQUENT DELINQUENCIES. AMOUNT TO REDEEM FOR THE MONTH OF JULY 31, 1998 IS $8, 840.86, AUGUST 31, 1998 IS $8,959.46 AND SEPTEMBER 30, 1998 IS $9,078.06. SUPPLEMENTAL TAXES OR ASSESSMENTS PURSUANT TO THE CALIFORNIA REVENUE AND TAXATION CODE. PARCEL NO. 879-454-28-97 ORIGINAL 1ST INSTALLMENT $354.84 OPEN (DELINQUENT ON 6/30/98) ORIGINAL 2ND,. INSTALLMENT $354.84 OPEN (DELINQUENT ON 10/31/98) DELINQUENCY CHARGES: $35.48 1ST PENALTY $45.48 2ND PENALTY NOTE: NO DETERMINATION IS MADE AS TO THE ASSESSED TAX YEAR. PAGE 2 ORDER NO. 1192971-9 THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE. SUPPLEMENTAL TAXES: THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE 42 USC 3604(C), IN AN INSTRUMENT RECORDED FEBRUARY 4, 1954 IN BOOK 5132, PAGE 44 OF OFFICIAL RECORDS. SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE FOR VALUE. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT RECORDED JUNE 14, 1955 IN BOOK 5679, PAGE 367 OF OFFICIAL RECORDS, LOCATED WITHIN THE SOUTHEASTERLY 15.00 FEET OF LOT 20 LYING ADJACENT TO AND NORTHWESTERLY FROM THE NORTHWEST LINE OF LOT 21. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES IN FAVOR OF CITY OF CARLSBAD, RECORDED MARCH 29, 1965 AS PILE NO. 54766 OF OFFICIAL RECORDS. THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY. A CONTRACT OF IMPROVEMENTS FOR PUBLIC RIGHT OF WAY, DATED JUNE 5, 1978, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: JAMES W. GAVIN AND KAREN C. GAVIN, HUSBAND AND WIFE AS JOINT TENANTS. RECORDED: JUNE 16, 1978 AS FILE NO. 78-250898 OF OFFICIAL RECORDS. PAGE 3 ^^^^ ORDER NO. 1192971-9 10 11. 12 ANY ADVERSE CLAIM BASED UPON THE ASSERTION THAT SOME PORTION OF SAID LAND IS TIDE OR SUBMERGED LANDS, OR HAS BEEN CREATED BY ARTIFICIAL MEANS OR HAS ACCRETED TO SUCH PORTION SO CREATED. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $1,250,000.00, AND ANY OTHER- AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED AUGUST 5, 1996 AS FILE NO. 1996-0394981 OF OFFICIAL RECORDS. DATED: TRUSTOR: TRUSTEE: BENEFICIARY: AUGUST 5, 1996 DONALD N. WOLLAN, TRUST DATED 1989 ESCROW TRANSFERS NATIONSBANK, N.A. LAWS OF THE UNITED TRUSTEE OF THE WOLLAN FAMILY (SOUTH) STATES , ORGANIZED OF AMERICA UNDER THE THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NO. 15510, WHICH SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS OF THE HEREIN DESCRIBED PROPERTY. THE TERMS, COVENANTS, AND PROVISIONS OF THE TRUST AGREEMENT REFERRED TO IN THE VESTING HEREIN, AND THE EFFECT OF ANY FAILURE TO COMPLY WITH SUCH TERMS, COVENANTS, AND PROVISIONS. 13. THE REQUIREMENT THAT THIS COMPANY BE FURNISHED A COPY OF THE TRUST AGREEMENT REFERRED TO IN THE VESTING HEREIN AND ANY AMENDMENTS THERETO. 14 . SUCH MATTERS AS MAY BE DISCLOSED BY A PHYSICAL INSPECTION OF SAID LAND OR AN INQUIRY AS TO THE PERSONS IN POSSESSION THEREOF, A SUPPLEMENTAL REPORT OF WHICH WILL FOLLOW. 15. THE EFFECT OF DOCUMENTS, PROCEEDINGS, LIENS, DECREES OR OTHER MATTERS WHICH DO NOT SPECIFICALLY DESCRIBE SAID LAND, BUT WHICH MAY AFFECT THE TITLE OR IMPOSE LIENS OR ENCUMBRANCES THEREON. THE NAME SEARCH NECESSARY TO ASCERTAIN THE EXISTENCE OF SUCH MATTERS HAS NOT BEEN COMPLETED AND WE WILL REQUIRE A STATEMENT OF INFORMATION FROM DICK BYRNE (BUYER). NOTE I: THE ONLY FEE CONVEYANCES IN THE PAST SIX (6) MONTHS ARE: NONE PAGE 4 ORDER NO. 1192971-9 NOTE II: THIS REPORT IS PREPARATORY TO THE ISSUANCE OF AN ALTA LENDER'S POLICY OF TITLE INSURANCE. WE HAVE NO KNOWLEDGE OF ANY FACT WHICH WOULD PRECLUDE THE ISSUANCE OF SAID ALTA LENDER'S POLICY WITH INDORSEMENT NO. 100 ATTACHED. THERE IS LOCATED ON SAID LAND THE FOLLOWING: SINGLE FAMILY RESIDENCE 5001 TIERRA DEL ORO CARLSBAD, CALIFORNIA INFORMATION NOTE; RATE. THE POLICY ISSUED WILL BE BASED ON SHORT TERM 1997-1998 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09000 210-020-23-00 $7,906.61 PAID $7,906.61 DEFAULTED (DELINQUENT) + $800.66 $1,000,000.00 $495,000.00 $-0- PENALTY PAGE 5 ORDER NO. 1192971-9 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF LOTS 19 AND 20, TIERRA DEL ORO, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 3052, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 4, 1954, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 20; THENCE SOUTH 66°54'10" WEST, 2 91.21 FEET TO THE MOST WESTERLY CORNER OF SAID LOT 20; THENCE SOUTH 14°19' EAST, 51.77 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 19; THENCE NORTH 66°54'10" EAST, 238.38 FEET; THENCE SOUTH 45°38'26" EAST, 26.86 FEET MORE OR LESS, TO A POINT ON A 40 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, THENCE SOUTHEASTERLY ALONG SAID CURVE, A DISTANCE OF 80.99 FEET THROUGH AN ANGLE OF 116°00'26" THENCE NORTH 70°22' EAST, 10.30 FEET TO THE EASTERLY LINE OF SAID LOT 20; THENCE ALONG SAID LINE NORTH 30°38'50" WEST, 65.04 FEET TO THE BEGINNING OF A 5298.73 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, THENCE ALONG SAID CURVE 51.88 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION NOW OR HERETOFORE LYING BELOW THE MEAN HIGH TIDE OF THE PACIFIC OCEAN. T:07/30/98 11:56:50 V: / / FR 00 PAGE 6 ORDER NO. 1192971-9 WIRING INSTRUCTIONS FOR YOUR TRANSACTION THE INSTRUCTIONS PROVIDED BELOW ARE EXCLUSIVELY FOR OUR DEMAND/DRAFT, SUB-ESCROW ACCOUNTS. CREDIT: ACCOUNT: UNION BANK 530 B STREET SAN DIEGO, CA 92101 ABM 122000496 FIRST AMERICAN TITLE COMPANY 4000135661 INSURANCE PLEASE REFERENCE THE TITLE ORDER NUMBER WITH EACH CLOSING SO THE FUNDS CAN BE HANDLED IN THE MOST EFFICIENT MANNER. PAGE 7 20 18 210 BUVO. U.S.HVTf. «0» ® 0 16 ,•4 21 R Ul © I ® 2 ,.tMI TIERRA © 3 © 4 IIJUI'I • DEL ORO © 6 ST. 15 14 13 ® 12 PACIFJC © © ^^^AN MAP 3052 - T.ERRA OEU ORO © 9 © 7 ©• 8 / CARLSBAO (STATC as. Citv of Carlsbacj Planning Department HAZARDOUS WASTE AND SUBSTANCES STATEMENT Consultation Of Lists of Sites Related To Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Wastes and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): ^ The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: to.eeR.Ti?>.^Ua2iMS C. Address: 9oo\ TLgRltA PEL O^-ST. <z^^^s?D^^ PA. ^accf^ Phone Number: ^6>g ^Ift CAeS PROPERTY OWNER, ^ ^ Name: 4gteBR.T <^.^LOtmJEC.&^£ Address: ecto 1 TigftM Di£LQP/> gf. Phone Number: "l&O ^^?4eg Address of Site: t^coi DEL G^LSft^V^ ^ GA'^^'TJOOSP Local Agency (City and Countv): CiT-f oF C/'^ifiiSt^O ^ CQuMTtj <i5.F Dig(^ Assessor's book, page, and parcel number: - 0^0 - Specify list(s): M<p ftBBSRisMce OFTHE SU^JECT PRgPBBTt. uiA-s Pntjui/O - USTfiO aM Tue loeftsngs Regulatory Identification Number: Date of List: Property Own Admin/Counter/HazWi iture/Date / 1635 Faraday Avenue • Carlsbad. CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ^ STATE OF CALIFORNIA - THE RESOURCES AGENCY _____ , DEPARTMENT OF FISH AND GAME 257264 ENVIRONMENTAL FILING FEE CASH RECEIPT DFG 753.5a (8-03) Lead Agency: C^U^VsVxicA Date: / ~ R"0^ ^ County^State Agency of Filing: ^~^CV">r^ \r)'\CC;^^ ^ Document No.: ProjectTitle: Ci f XAO '^F<=^PXACJ? Cj^^ XZrA\0^<l''' ^""^ Project Applicant Name\\\^g ^ \ r>r\ OP. fe^ rn C ''^'^'^'^g P^P*'""^''^ ^^^^^ ^k^^) g Project Applicant Address: ^>C'^\ g V A Dg \ (QrO. g W^^ci ^ ?,(r^ Project Applicant (check appropriate box): Local Public Agency School District Q Other Special District Q StateAgency]^ Private Entity | CHECK APPLICABLE FEES: ) Environmental Impact Report $850.00 $ <^ ) Negative Declaration $1,250.00 $ ) Application Fee Water Diversion (State Water Resources Control Board Only) $850.00 $ ) Projects Subject to Certified Regulatory Programs $850.00 $ ) County Administrative Fee $25.00 $ ^X;) Project that is exempt from fees TOTAL RECEIVED $ >^ Signature and title of person receiving payment: WHITE-PROJECT APPLICANT YELLOW-DFG/FASB PINK-LEAD AGENCY GOLDENROD-STATE AGENCY OF FILING ^^^^ i/ieM City of Carlsbad Planning Department NOTICE OF FINAL ACTION COASTAL DEVELOPMENT PERMIT The following project is located within the City of Carlsbad Coastal Zone. A coastal permit application for the project has been acted upon. SENT TO COASTAL COMMISSION ON Application #: CDP 04-55 Filing Date: December 12. 2004 Case Name: Byrne Residence Alteration Applicant: Herbert & Lorine Byme Address: 5001 Tierra Del Oro Street Phone: 760-918-0455 Decision Date: Januarv 13. 2005 Agent (if different): Address: Phone: Project Description: Convert an existing bedroom and hall to a 275 square foot outdoor/indoor lanai space and construct a new 187 square foot balconv above conversion area. Project Location: 5001 Tierra Del Oro Street 210-020-23 ACTION: • • APPROVED APPROVED WITH CONDITIONS DENIED (Copy of final resolution/decision letter is sent to: Coastal Commission, any persons who specifically requested it, and the applicant). COASTAL COMMISSION APPEAL STATUS: • NOT APPEALABLE TO THE COASTAL COMMISSION. 13 APPEALABLE TO THE COASTAL COMMISSION pursuant to Coastal Act Section 30603. An aggrieved person may appeal this decision to the Coastal Commission within ten (10) working days following Coastal Commission receipt of this notice. Applicants will be notified by the Coastal Commission as to the date the Coastal Commission's appeal period will conclude. Appeals must be made in writing to the Coastal Commission's district office at the following address: Califomia Coastal Commission, 7575 Metropolitan Dr., Suite 103, San Diego, Cahfomia 92108-4402, Telephone (619) 7^7- 2370. % Attachment: - Location Map to CCC for non-appealable CDPs » - Staff Report to CCC for appealable CDPs The time within which judicial review of this decision must be sought is governed by Code of Civil Procedures, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 16. Any petiion or other paper seeking judcial review must be filed in the appmpriate court not later than ninety (90) days following the date on which this decision becomes final: however, if within ten (10) days after the decision becomes final a request for the record ofthe proceeding accompanied by the required deposit in an amount sufficient to cover the estimated cosi of preparation of such a record, the time within which such petition may be filed in court is extended to not later than thirty (30) days following the date on which Ihe record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive. Carlsbad California 92008. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us c City of O FILE COPY Carlsbad Planning Department ADMINISTRATIVE COASTAL DEVELOPMENT PERMIT NOTICE OF PENDING DECISION DATE: December 29, 2004 APPLICATION NUMBER: CDP 04-55 - Byme Residence Alteration PROJECT DESCRIPTION: Request to convert an existing bedroom and hall to a 275 square foot outdoor/indoor lanai space and construct a new 187 square foot balcony above the conversion area. LOCATION: This project is within the City of Carlsbad's Coastal Zone located at 5001 Tierra Del Oro Street. ASSESSOR'S PARCEL NUMBER: 210-020-23 The proposed development is located in the City ofCarlsbad's Coastal Zone. No formal public hearing is required for this application, and a public hearing will only be held upon written request within 15 working days of the date of this notice. Failure to request a hearing may result in loss of the ability to appeal to the Coastal Commission any action taken by the City on this Administrative Coastal Development Permit Application. The Planning Director will determine this application 15 working davs after the date of this notice if no public hearing is requested. Written requests for a public hearing should be addressed to the Planning Director, City of Carlsbad Planning Department, 1635 Faraday Avenue, Carlsbad, CA 92008. If you have any questions regarding this application, please contact Chris Sexton, at the City of Carlsbad, (760) 602-4625, Monday - Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us CARLSBAD FIRE DEPARTMENT Fire Protection Services PLAN REVIEW REPORT PROJECT NAME: Byrne Residence Alteration Date: 121104 Project number: CDP 04-55 Staff Planner: C. Sexton Engineer: Initial review: (Note: This report identifies fire protection issues associated with the project, and/or prescribes specific corrections or information needed to achieve Fire Department approval.) Fire - approves of this application without comment or conditions. GR Chris Sexton - CDP 04-55 Page 1 From: To: Date: Subject: John Maashoff Chris Sexton 12/02/2004 5:01:28 PM CDP 04-55 Engineering has no comments or conditions for CDP 04-55, Byrne Residence Addition. If the scope of the work changes, please re-route it to us for further review. Gracias. STATE OF CALIFORNIA-THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Govemor CALIFORNIA COASTAL COMMISSION SAN DIEGO AREA 7575 METROPOQTAN DRIVE, SUITE 103 SAN DIEGO, CA 92108-4421 (619) 757-2370 FlOa Filed: 49th Day: Staff: Staff Report: February 2, 2008 Waived Toni Ross-SD July 17, 2008 Flcarine Date: August 6-8, 2008 2(308 STAFF REPORT AND RECOMMENDATION ON APPEAL LOCAL GOVERNMENT: City of Carlsbad DECISION: Approval with Conditions APPEAL NO.: A-6-C1I-08-018 APPLICANT: Richard Byrne PROJECT DESCRIPTION: Thc removal of an existing unpermitted private wooden beach access staircase and the construction of a new concrete staircase in its place, including a 130 sq. ft. patio and two retaining walls, all on the face of the coastal bluff fronting a site currently developed with a single family residence. PROJECT LOCATION: 5001 Tierra Del Oro St. Carlsbad (San Dicgo County). APN #210-020-23. APPELLANTS: Commissioner Sara Wan, Commissioner Pat Kruer STANDARD OF REVIEW: Certified City of Carisbad Mello II Local Coastal Program and the public access policies of the Coastal Act. SUMMARY OF STAFF RECOMMENDATION: The staff recommends that the Commission, after public hearing, determine that substantial issue exists with respect to the grounds on which the appeal has been filed. Staff also recommends that the Commission find, on the de novo review, that the proposed development is not consistent with the City of Carlsbad's LCP, and therefore deny the project approved by the City. The approved project includes the removal of existing wooden stairs, that to date, do not have any permit history. Therefore, the stairs are an existing unpermitted structure. Further, the development is located on the bluff face, a development expressly not permissible by the City's LCP. Further the project would include grading of the bluff face which would result in impacts to the bluffs integrity, and the construction of a more permanent structure which would result in prolonged impacts to public access. These impacts can be avoided by maintaining the area in a natural condition. Therefore, the project is not in conformance with the City of A-6-CII-08-018 Page 2 Carlsbad's LCP or the applicable Chapter 3 policies ofthe Coastal Act and denial is recommended. Removal ofthe existing unpemiitted stairs will be handled as a separate enforcement action. Standard of Review: Certified City of Carlsbad Local Coastal Program and the public access and recreation policies of the Coastal Act. SUBSTANTIVE FILE DOCUMENTS: Certified City of Carlsbad Mello II LCP; City of Carlsbad Resolution for CDP #07-16 dated January 16, 2008; Coastal records Aerial photography courtesy of Kenneth and Gabrielle Adelman (http://www.califomiacoastline.org), Image #'s 7240101, 7240102, 7954103, 6954104, 8702147, 8702146,8920234, 8920233, 8920232,9047, 9048, 9049, 9050, 200407472, 200407475, 200604188, 200604189 (in chorological order); Coastal Commission permits F6162/Gavin; 6-82-323/Roth; F1396/Barlow; F7385/ Clements; A-6-CII-07-017/RiIey; City of Carlsbad appealable pemiits 6- CII-97-159/Bagnall; 6-CII-98-001/Eaton; 6-CI1-05-176/ Viola; 6-CII-05-287/ Sukup; Appeal Forms. I. Appellants Contend That: The appellants contend that the project as approved is inconsistent with policies protecting coastal bluffs included in the City of Carlsbad's certified Local Coastal Program and policies protecting the public's right to access the beach in both the City's LCP and the Coastal Act. The project includes the removal of an existing unpermitted wooden stairway used as private access to the beach down a coastal bluff, and the subsequent constmction of concrete stairs, constmction of retaining walls and constmcfion of a 130 sq. ft. pafio, all on the face of the coastal bluff. The project would require grading and the constmction of permanent development on a natural coastal bluff; as such the development may result in impacts to the integrity ofthe coastal bluff Permitting private accessways to the beach also results in impacts to public access, as the proliferation of private stairways leads to the perception by the public that those beaches are exclusive and/or private. The appellants contend that the development is inconsistent with the intent ofthe City's certified LCP for impacts to coastal bluff stability and protection of public access. II. Local Govemment Action: The City of Carlsbad approved the proposal on January 13, 2008. The Minor Coastal Development permit was approved with several "standard'' special condifions. None ofthe approved special conditions were developed to address the previously menfioned impacts to coastal bluffs and public access. III. Appeal Procedures: After certificafion of a municipality's Local Coastal Program (LCP), the Coastal Act provides for limited appeals to the Coastal Commission of certain local govemment actions on coastal development permit applications. One example is that the approval of projects within cities and counties may be appealed if the projects are 'w^ J A-6-CI1-08-018 Page 3 located between the first public road and the. The grounds for such an appeal are limited to the assertion that "development does not conform to the standards set forth in the certified local coastal program or the [Coastal Act] public access policies." Cal. Pub. Res. Code § 30603(b)(1). After the local govemment has taken final action on an appealable project, it must send a nofice of that final action (NOFA) to the Commission. Cal. Pub. Res. Code § 30603(d); 14 CCR. § 13571. Upon proper receipt of a valid NOFA, the Commission estabhshes an appeal period, which runs for 10 working days. Cal. Pub. Res. Code § 30603(c); 14 CCR. § 13110 and 13111(b). If an appeal is filed during the appeal period, the Commission must "notify the local government and the applicant that the effective date of the local government acfion has been suspended," 14 CCR. § 13572, and it must set the appeal for a hearing no later than 49 days after the date on which the appeal was filed. Cal. Pub. Res. Code § 30621(a). Section 30625(b)(2) of the Coastal Act requires the Commission to hear an appeal of the sort involved here unless the Commission detennines that no substantial issue is raised by the appeal. If the staff recommends "substantial issue" and no Commissioner objects, the Commission will proceed directly to the de novo portion of the hearing on the merits of the project then, or at a later date. If the staff recommends "no substantial issue" or the Commission decides to hear arguments and vote on the substantial issue question, proponents and opponents will have 3 minutes per side to address whether the appeal raises a substantial issue. It takes a majority of Commissioners present to find that no substantial issue is raised. If substantial issue is found, the Commission will proceed to a full public hearing on the merits of the project either immediately or at a subsequent meefing. Ifthe Commission conducts the de novo portion ofthe hearing on the pemiit application, the applicable test for the Commission to consider is whether the proposed development is in conformity with the certified Local Coastal Program. In addition, for projects located between the sea and the first public road paralleling the sea. Sec. 30604(c) of the Coastal Act requires that, for a permit to be granted, a finding must be made by the approving agency, whether the local govemment or the Coastal Commission on appeal, that the development is in conformity with the public access and public recreation policies of Chapter 3 ofthe Coastal Act. The only persons qualified to testify before the Commission at the "substantial issue" stage of the appeal process are the applicant, persons who opposed the application before the local govemment (or their representatives), and the local govemment. Testimony from other persons must be submitted in writing. At the time of the de novo portion of the hearing, any person may testify. A-6-CII-08-018 Page 4 IV. Staff Recommendation on Substantial Issue. The staff recommends the Commission adopt the following resolution: MOTION; / move that the Commission determine that Appeal No. A-6-CII-08-018 raises NO substantial issue with respect to the grounds on which the appeal has been filed under § 30603 ofthe Coastal Act. STAFF RECOMMENDATION: Staff recommends a NO vote. Failure of this motion will result in a de novo hearing on the application, and adoption of the following resolution and findings. Passage of this motion will result in a finding of No Substantial Issue and the local action will become final and effective. The motion passes only by an affirmative vote of the majority of the appointed Commissioners present. RESOLUTION TO FIND SUBSTANTIAL ISSUE: The Commission hereby finds that Appeal No. A-6-CII-08-018 presents a substantial issue with respect to the grounds on which the appeal has been filed under § 30603 of the Coastal Act regarding consistency with the Certified Local Coastal Plan and/or the public access and recreation policies of the Coastal Act. V. Findings and Declarations. 1. Project Description/Permit Historv. The proposal includes the removal of an existing private wooden beach access staircase and the constmction ofa concrete staircase including a 130 sq. ft. patio to be constmcted of concrete pavers and several retaining walls on the face of the coastal bluff fronting a blufftop lot currently developed with a single family residence. The project site is located on the west side of Tierra Del Oro, just north of Cannon Road in the City of Carlsbad. The subject site is the northernmost lot within the Tierra Del Oro development. The site slopes down from Tierra Del Oro, transitioning into a steep coastal bluff The bottom of the bluff face is currently covered with a large riprap revetment that extends onto the beach. The single family residence located on the site was constmcted in 1978 a Coastal Development Permit (CDP) was issued by the Commission for its constmction (ref CPD #F6162). However, the wooden staircase mrming down the coastal bluff was not constmcted until many years later. It is unclear, based on aerial photography, what year the staircase was constmcted, however it does not appear in photographs dated 1987 and does appear in photographs in 2002. The City of Carlsbad attained permit authority in 1996; therefore the permit for the constmction ofthe staircase could have been issued by either the Coastal Commission or the City of Carlsbad; however no coastal development A-6-CII-08-018 Page 5 permit was found issued by either the City of Carlsbad or the Coastal Commission. Therefore the existing stairs are considered unpermitted development. Other homes located on the westem side of Tierra Del Oro have private stairways or other improvements located on the bluff face. Again, in looking at available aerial photography, 5 of the 13 lots on the westem side of this street had private accessways built prior to enactment ofthe Coastal Act. Beyond that, three Coastal Development Permits (CDPs) were issued by the Coastal Commission for various improvements on what is now considered the bluff face (ref F1396, F7385, 6-82-323). Furthermore, the City of Carlsbad also issued four coastal development pennits for development on what is now considered the coastal bluff face (ref 6-CII-05-176, 6-CII-05-287, 6-CII-97-159, 6-CII-98-001) none of which were appealed by the Coastal Commission based on the information available at that time. In 2007, the City of Carlsbad approved a CDP for the last vacant lot on Tierra Del Oro (ref CDP A-6-CII-07-017/Riley) approximately 300 feet to the south ofthe subject site. Because of the conditions on this lot, the Commission's Technical Services staff reviewed in depth the geotechnical information submitted associated with this CDP. Previous to this review, the bluff edge was loosely defined at approximately the +20' Mean Sea Level (MSL) elevation. However, after more careful review of submitted geotechnical reports by the Commission's staff geologist for the above cited project in 2007, the bluff edge was more accurately defined and located at approximately the +36' (MSL) elevafion. The Commission appealed the project (ref A-6-CII-07-017/Riley) and required the project to be modified to remove all development located west ofthe 36' contour (i.e., remove all permanent improvements from the face of the coastal bluff). The subject development is the first CDP issued by the City since that determinafion. The Commission recognizes that development on the bluff face exists at several locations on Tierra Del Oro. However, most of these projects occurred before the Commission had a geologist on staff to advise it with respect to the location of the bluff edge; now that the bluff edge has been defined at approximately +36' (MSL) elevafion and given the City's LCP provisions restricting development on the face of the bluff to only pubic accessways (private accessways are not permitted), these types of projects located beyond the established bluff edge (+36' MSL) can no longer be found consistent with the City of Carisbad's certified LCP. 2. Development on a Coastal Bluff. The appellants contend that the project will result in impacts to the coastal bluff located on the westem portion of the lot. The City approved project includes some grading and some placement of fill to facilitate the constmction of concrete stairs, patio, retaining wall etc. Both the grading and associated constmction would be considered development. Development On a coastal bluff is inconsistent with the City of Carlsbad's certified LCP. The certified Carlsbad Mello II LUP contains policies that address bluff preservation. Policy 4-1 provides: (d) Undevelopable Shoreline Features A-6-CII-08-018 Page 6 No development shall be permitted on any sand or rock beach or on the face of anv ocean bluff with the exception of accesswavs to provide public beach access and of limited public recreation facilities, [emphasis added] In addition. Section 21.204.050 ofthe Coastal Shoreline Development Overlay Zone provides: a. Grading and Excavation - Grading and excavation shall be the minimum necessary to complete the proposed development consistent with the provisions of this zone and the following requirements: 2) No excavation, grading or deposit of natural materials shall be permitted on the beach or the face of the bluff except to the extent necessary to accomplish constmction pursuant to this section. The Commission has interpreted the above stated City of Carlsbad LCP policies to mean that only at-grade stmctures are permitted on a bluff face, which do not require grading. The Commission has found that "the minimum necessary" for new development on the bluff face means at-grade and ephemeral stmctures that do not require excavafion which results in more permanent developments. The project is proposing permanent stmctures (concrete stairs, patio, retaining wall) seaward of the residence on the bluff face which will require some excavation and/or fill and, as such, is inconsistent with the above provisions ofthe certified LCP. In addition, as noted above, only public access stairways are pemiitted on the face of the bluff, not private. Development on coastal bluffs can result in impacts such as degradation and instability of the bluff. As stated above, the Commission previously reviewed the location ofthe edge of the coastal bluff edge in 2007 and determined that the bluff edge was located at approximately the +36' MSL elevation, as opposed to the previously accepted +20' MSL elevation. This modification results in the bluff edge being located much further inland on all westem properties of Tierra Del Oro. Previously the accepted +20' MSL elevation allowed development along the entire natural sloping bluff to the top ofthe riprap revetment that exists on the beach fronting all blufftop lots on Tierra del Oro. The policies regulating development of coastal bluffs will now be additionally applied to the area located between the 20' and 36' contours for the Tierra Del Oro development. The applicant did not include a geotechnical report associated with this project. However, the Commission's staff geologist has reviewed photographs, topographic maps and visited the site and has determined that the edge ofthe bluff is around the +36' elevation (MSL). The Commission recognizes that development on the bluff was previously permitted by both the City of Carlsbad and the Coastal Commission (ref Exhibit #5). However, when new technologies and/or informafion become available, the policies must be interpreted in light of this new information. As such, any development located seaward of the +36' MSL elevation is on the face of the coastal bluff and must comply with the above cited LCP policies pertaining to development on a coastal bluff. A-6-CII-08-018 Page 7 Lastly, as stated above, there is no permit history for the original development of a stairway on the face ofthe bluff, and as such, it is considered unpermitted. The City in its review failed to address whether the existing stairs had received the necessary permits and it has already been determined that the stairway was not constmcted prior to implementation ofthe Coastal Act. Therefore, the proposal is treated as new development on the bluff face as opposed to maintenance or improvements to existing permitted development. The policies of the City ofCarlsbad's certified LCP do not allow development on the bluff face or the proposed improvements (concrete vs. wooden) that would require grading on the bluff face. Furthermore, the project as approved by the City, replaces what is considered an at grade ephemeral stairway with a more permanent concrete stairway that will require some grading. As such, the impacts associated with the approved development are greater than that of a replacement wooden stairway. Therefore the project raises substantial issues both because it impacts the bluff as it is a more intensive and permanent stmcture than the existing stairway and because it consists of a private accessway, and public accessways are the only development allowed on the face ofa coastal bluff The project therefore, raises a substantial issue with respect to the grounds on which the appeal was filed. 3. Public Access. Because the development is located between the first coastal road and the sea any relevant public access policies of the Coastal Act are applicable, as well as the policies addressing public access within the City of Carlsbad's LCP. The appellants contend that the project will result in the perpetuation of private accessways to a public beach. Currently Tierra Del Oro does not have a single accessway for the public and as such, the private accessways to the beach often lead to the public perceiving the beach itself to be private as well. The certified Carlsbad Mello II LUP and Chapter 3 of the Coastal Act contain policies that address public access and state: Coastal Act policies: Section 30210 In carrying out the requirement of Section 4 of Article X of the Califomia Constitution, maximum access, which shall be conspicuously posted, and recreational opportunities shall be provided for all the people consistent with public safety needs and the need to protect public rights, rights of private property owners, and natural resource areas from ovemse. Section 30211 Development shall not interfere with the public's right of access to the sea where acquired through use or legislative authorization, including, but not limited to, the use of dry sand and rocky coastal beaches to the first line of terrestrial vegetation. Section 30212 A-6-CII-08-018 Page 8 Public access from the nearest public roadway to the shoreline and along the coast shall be provided in new development projects except where: (1) It is inconsistent with public safety, military security needs, or the protection of fragile coastal resources, (2) Adequate access exists nearby, or, [...] Section 30213 Lower cost visitor and recreational facilities shall be protected, encouraged, and, where feasible, provided. Developments providing public recreational opportunities are preferred. The "Coastal Shoreline Development Overlay Zone", an implementing measure of Carisbad's certified Mello 11 LCP Policy 7-3 states: The city will cooperate with the state to ensure that lateral beach access is protected and enhanced to the maximum degree feasible, and will continue to formalize shoreline prescriptive rights The Commission has historically discouraged the development of private access stairs from residential development to the beach, as it can deter public access. Development such as private access stairs and armoring creates a perception that the beach fronting these sites is also private, leading to a decrease in public access. While some homes on Tierra Del Oro have beach accessways on the bluff, these developments are either unpermitted or were pennitted prior to establishing a thoroughly researched location of the bluff edge. Appeal A-6-CII-07-17/Riley was brought before the Commission in August 2007 and established the correct location for the bluff edge along this stretch of coast. As approved by the City, the proposed development includes the constmction of a concrete stairway and accessory patio down the coastal bluff. The continued approval of development would therefore not only be inconsistent with the policies protecting development on a coastal bluff, but would also result in the perpetuation of development directly adjacent to a public beach, thus impacting public access. By prohibiting future development on the bluff face not only will the structural integrity of the bluff remain, but the perception by the public of an exclusive or private beach would be reduced. Further, there is currently no public access from anywhere on Tierra Del Oro Street. The need for creating public access has not been required due to the proximity of public access to the beaches in nearby locations. These nearby public accessways also provide beach access to homeowners on Tierra Del Oro St., thereby making private accessways uimecessary, especially given that private accessways are not protected or endorsed by the City's certified LCP. The proposed development is inconsistent with the applicable public access policies of the Coastal Act and the City of Carlsbad's LCP and therefore raises a substantial issue. A-6-CII-08-018 Page 9 In conclusion, given the lack of permit history for the original development of the wooden stairway down the bluff; the prohibition in the LCP for private development on the bluff face, the replacement of a the wooden stairway with a more permanent concrete stairway, and the lack of endorsement for private accessways in both the City's LCP and the Coastal Act; the project raises multiple significant concems. The City failed to address any of these above stated concems in its review. The project as approved by the City therefore raises substantial issue. STAFF RECOMMENDATION ON THE COASTAL PERMIT I. PRELIMINARY STAFF RECOMMENDATION: MOTION: / move that the Commission approve Coastal Development Permit No. A-6-CII-06-18 for the development proposed by the applicant. STAFF RECOMMENDATION OF DENIAL: Staff recommends a NO vote. Failure of this motion will result in denial of the pemiit and adoption ofthe following resolufion and findings. The mofion passes only by affirmative vote of a majority of the Commissioners present. RESOLUTION TO DENY THE PERMIT: The Commission hereby denies a coastal development permit for the proposed development on the ground that the development will not conform with the policies of certified local coastal program and the public access policies of Chapter 3 of the Coastal Act. Approval of the permit would not comply with the Califomia Environmental Quality Act because there are feasible mifigation measures or altematives that would substantially lessen the significant adverse impacts ofthe development on the environment. II. Findings and Declarations.: 1. Project Description. The proposal includes the removal of an existing unpermitted wooden staircase and the constmction of a concrete staircase including a 130 sq. ft. patio to be constructed by concrete pavers and retaining walls on the face of a coastal bluff seaward of an existing single family residence. The details ofthe project description are described above on pages 4 and 5 of this staff report and are hereby incorporated by reference. A-6-CII-08-018 Page 10 2. Development on a Coastal Bluff. The certified Carlsbad Mello II LUP contains policies that address bluff preservation. Policy 4-1 provides: (d) Undevelopable Shoreline Features No development shall be permitted on any sand or rock beach or on the face of anv ocean bluff with the exception of accessways to provide public beach access and of limited public recreation facilities, [emphasis added] In addition. Section 21.204.050 ofthe Coastal Shoreline Development Overlay Zone provides: a. Grading and Excavation - Grading and excavation shall be the minimum necessary to complete the proposed development consistent with the provisions of this zone and the following requirements: 2) No excavation, grading or deposit of natural materials shall be permitted on the beach or the face ofthe bluff except to the extent necessary to accomplish constmction pursuant to this section. The project as approved by the City of Carlsbad consists of the removal ofan unpermitted wooden private accessway and the constmction of a concrete stairway with retaining wall improvements and the addition of a 130 sq. ft. patio and several retaining walls on the face of a coastal bluff The Commission has historically interpreted the above stated zoning ordinance provision to mean that any development beyond the edge of the bluff would have to be at-grade, ephemeral, and capable of being removed. Further, LUP policy 4.1 states that the only type of development permissible on the face of a bluff is public accessways. As such, the development raises concems in that the development is not considered at grade, and it consists ofthe constmction of a private accessway, both of which are prohibited by the City's certified LCP. The proposed project includes the removal of an existing wooden stairway utilized for private access to the beach. The existing stairs were not constmcted prior to the Coastal Act, nor is there any permit history for the development of the stairs. As such, the existing development is considered unpermitted development. The Commission has historically allowed "in-kind" replacement of previously permitted private stairways or stairways that were constmcted prior to the Coastal Act. In this particular case, because the stairs were not previously permitted nor constmcted prior to the Coastal Act, the replacement of "in-kind" stairs is not necessary. As such, the existing stairway not only cannot be replaced by more permanent concrete stairs, but it carmot be replaced by more ephemeral wooden stairs either. Thus, the project cannot be found consistent with the City ofCarlsbad's LCP and the project shall be denied as submitted. A-6-CII-08-018 Page 11 As stated previously, recent review of the coastal bluff edge in this location (Tierra Del Oro St.) by the Commission's staff geologist has resulted in a bluff edge located more inland than previously accepted (+36' vs. +20' elevation (MSL) contour). Development that at one time was thought to be consistent with applicable policies of Carlsbad's certified LCP is therefore no longer consistent. The current exisfing pattem of development includes a private accessway down the face ofthe bluff, at all but two ofthe blufftop lots, allowing individual residents to gain access to the low lying beaches. As previously explained, these stairways/improvements have either no permit history (thus unpermitted), were constmcted prior to enactment ofthe Coastal Act or were issued a CDP by the City that was not appealed by the Coastal Commission (ref Exhibit #5) based upon the information available at that time. However, it is important to note that prior to the review of the Riley property in 2007, the accepted location of the bluff edge was at approximately +20' MSL (the top of the riprap) and not +36' MSL elevation. It should be noted that most of the CDP approvals by the City and/or the Commission for these stmctures occurred prior to the Commission having its own staff geologist to provide technical expertise on the locafion of the bluff Prior to that, the Commission had to just accept the applicant's consultants bluff edge determination. Many of the developed lots on this street that have private accessways that are constmcted even further seaward than the +20' MSL elevation (within the revetment and/or onto the sandy beach) are considered violations and are being reviewed by Coastal enforcement staff It was never the intention of these past actions to allow development down the face of the bluff, but rather development to the established bluff edge. It is the hope ofthe Commission that over time as residents propose upgrades or replacements on the upland sites that the City reestablish the bluff edge at its most accurate and updated location resulfing in a decrease in potential or permissible bluff face development proposals thus maintaining only the currently permitted development and allowing for the protection ofthe coastal bluff in its most natural and current state. As such, approval of this project represents a development that the Commission has determined to be inconsistent with the certified policies of the City's LCP. The project, therefore, shall be denied as submitted. 3. Public Access. Because the development is located between the first coastal road and the sea any relevant public access policies of the Coastal Act are applicable, as well as the policies addressing public access within the City of Carlsbad's LCP. The project will result in the perpetuation of private accessways to a public beach on the face of a coastal bluff The certified Carlsbad Mello II LUP and Chapter 3 ofthe Coastal Act contain policies that address public access and state: Sections 30210, 30211, 30212 and 30213 ofthe Coastal Act state: Section 30210 A-6-CII-08-018 Page 12 In carrying out the requirement of Section 4 of Article X of the Califomia Constitufion, maximum access, which shall be conspicuously posted, and recreational opportunities shall be provided for all the people consistent with public safety needs and the need to protect public rights, rights of private property owners, and natural resource areas from ovemse. Section 30211 Development shall not interfere with the public's right of access to the sea where acquired through use or legislative authorization, including, but not limited to, the use of dry sand and rocky coastal beaches to the first line of terrestrial vegetation. Section 30212 Public access from the nearest public roadway to the shoreline and along the coast shall be provided in new development projects except where: (1) It is inconsistent with public safety, military security needs, or the protection of fragile coastal resources, (2) Adequate access exists nearby, or, [...] Section 30213 Lower cost visitor and recreational facilifies shall be protected, encouraged, and, where feasible, provided. Developments providing public recreational opportunities are preferred. The "Coastal Shoreline Development Overlay Zone", an implementing measure of Carisbad's certified Mello II LCP Policy 7-3 states: The city will cooperate with the state to ensure that lateral beach access is protected and enhanced to the maximum degree feasible, and will continue to formalize shoreline prescriptive rights The Commission has historically been unsupportive ofthe development of private accessways to the beaches of Califomia. The proliferation of private accessways in a single location results in the appearance of an exclusive or private beach. The project is located between the first coastal road and the sea, and as such, Coastal Act policies pertaining to public access are also applicable. One ofthe key provisions ofthe Coastal Act is to protect, maintain, and enhance public access to coastal areas and beaches. The development of private accessways gives members ofthe public the impression that the residents in these areas some how maintain an exclusive right to access these beaches, thereby decreasing the general public's access to the area. A-6-CII-08-018 Page 13 The Commission has allowed the replacement of "in-kind" private accessways previously pemiitted or constmcted prior to the Coastal Act. These developrnents can be considered "grandfathered in" and as such are allotted a certain amount of protecfion. However, in this case, the stairs were not constmcted prior to the Coastal Act and therefore are not given the latitude for "in-kind" replacement. Further, the proposed project is of greater intensity and the scale ofthe development (wooden to concrete) results in a more permanent stmcture, thereby exacerbating the impacts to public access. As such, the replacement of the existing stairway by any sort of means would not be consistent with the above stated policies and therefore shall be denied as submitted. In conclusion, the project is inconsistent with the applicable policies of the Coastal Act and the City's certified LCP in three different respects. First, the development is not permissible in that the location of the development is down the face of a coastal bluff. The only development permissible by the City's LCP in this location is public accessways. Second, the project will result in grading and fill on a coastal bluff, also inconsistent with the LCP. Third, the project will result in impacts to public access, in that the development will result in a more permanent private accessway, known to deter members of the public from the associated beaches. Denying the project will result in benefits to both the coastal bluffs and public access. The project is therefore inconsistent with multiple policies contained in both the City of Carlsbad's certified LCP and the Coastal Act and should therefore be denied as submitted. 4. Unpermitted Development. Although development in the fomi of the constmction of a private accessway has been completed without the benefit ofa coastal development permit, consideration of the application by the Commission has been based solely upon the Chapter 3 policies of the Coastal Act. Approval of the permit does not constitute a waiver of any legal action with regard to any violation ofthe Coastal Act that may have occurred, nor does it constitute admission as to the legality of any development undertaken on the subject site without a coastal development permit. Removal ofthe unpermitted development will be addressed through a separate enforcement action. 5. Local Coastal Planning. The certified Carlsbad LCP Mello II segment contains in its Zoning Plan, Coastal Development Regulations that include a Coastal Resource Protection Overlay Zone and the Coastal Shoreline Development Overlay Zone, which have been cited in this report. The purpose of these overlays, among other puiposes, is to provide regulations for development and land uses along the coastline in order to maintain the shoreline as a unique recreational and scenic resource, affording public safety and access, and to avoid the adverse geologic and economic effects of bluff erosion. The proposed project includes the constmction of a concrete stairway and associated improvements on a coastal bluff, inconsistent with the above cited provisions ofthe LCP. Denial will result in protecfion of coastal bluffs and public access and recreational opportunities. Therefore, the Commission finds that denial of the proposed development will not prejudice the ability ofthe City to confinue implementation of its certified LCP. A-6-CII-08-018 Page 14 6. California Environmental Qualitv Act (CEQA). Secfion 13096 of the Commission's administrative regulations requires Commission approval of a Coastal Development Permit to be supported by a finding showing the permit is consistent with any applicable requirements of the Califomia Environmental Quality Act (CEQA). Section 21080.5(d)(2)(A) of CEQA prohibits a proposed development from being approved if there are feasible altematives or feasible mitigation measures available which would substantially lessen any significant adverse effect which the activity may have on the environment. The project as proposed will result in unmitigatable impacts to both coastal bluffs and public access. Any modifications to the project, including allowing the development of an at grade stairway capable of being removed would still result in impacts to coastal bluffs and public access and recreational opportunities. The "No Project" alternative (or denial) is the only feasible altemative that would substantially lessen any significant adverse impacts the development would have on the environment. Therefore, the Commission finds that the proposed project is not the least environmentally damaging feasible altemative and is not consistent with the requirements of the Coastal Act to conform to CEQA. (G:\Saii Diego\Reports\Appeals\2008\A-6-CII-08-018_Bynie Staircase.doc) J PROPERTY OWNER INFORMATION AME: RICHARO & LORINE BYRNE 3DRESS; 5001 TIERRA DEL ORO CARLSBAD, CA 92006 ELEPHONE NUMBER: f760^ 749-1539 !4 HOUR CONTACT NUMBER) ITE A.P.N. NUMBER: 210-020-23 .ITE ADDRESS: 5001 TIERRA DEL ORO EXIST. PATI0=29.7 30 SECTION A-A l"=.10' H & V Citv of Carlsbad ^an hThg^l>fe^ p c n t MINOR COASTAL DEVELOPIVIENT PERMIT NOTICE OF DECISION January 13, 2005 Herbert & Lorine Byrne 5001 Tierra Del Ore Street Carlsbad, CA 92008 SUBJECT: CDP 04-55 - BYRNE RESIDENCE ALTERATION The City has completed a review of the application for a Minor Coastal Development Permit for the conversion of an existing 275 square foot bedroom and hall to an indoor/outdoor lanai space and the construction of a 187 square foot balcony above the conversion area. It is the Planning Director's determination that the project CDP 04-55 - BYRNE RESIDENCE ALTERATION, is consistent with the applicable City's Coastal Deveiopment Regulations (Chapters 21.201 - 21.205) and with ail other applicable City ordinances and policies. The Planning Director, therefore, APPROVES this request based upon the following: Findings: 1. That the total cost of the proposed development is less than $60,000. 2. That the proposed development requires no discretionary approvals other than a Minor Coastal Development Permit. 3. That the development has no adverse effect individually or cumulatively on coastal resources or public access to the shoreline or the coast, in that no coastal resources or opportunities for coastal access are available from the subject site. 4. That the proposed development is in conformance with the Certified Local Coastal Program ahd all applicable policies in that the site is designated for residential uses. 5. That the development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act, in that no opportunities for coastal ptrcR^^ arp available from the subject site, nor are public recreation areas required < EXHIBIT NO. 3 APPLICATION NO. A-6-CII-08-018 Aciministrative Permit CDP 04-55 - BYRNE RESIDENCE ALTERATION January 14, 2005 Paqe 3 4. The Developer shall comply with ali 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. The 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 non-discretionary, 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 ail liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 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. If the taxes/fees and not paid, this approval will not be consistent with the General Plan and shall become void. 9. Approval is granted for CDP 04-55 as shown on Exhibits A-C, dated January 13, 2005, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 10. 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 Planning Director, 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 Planning Director 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. April 8, 2008 Califomia Coastal Commission 7575 Metropolitan Drive - Suite 103 SanDiego, CA92108-4421 Att: Toni Ross, Coastal Program Analyst Ref: Commission Appeal No. A-6-CII-08-018 CDP 07-16 , Byrne Stair Replacement 5001 Tierra Del Oro, Carisbad, CA CAUFORNIA COASTAL CO.\AM!SS!ON SAM DiEGO COAST DISTRICT Dear Toni, The above referenced project was approved by the City of Carlsbad but subsequently appealed by the Coastal Commission. Since our meefing with you and Lee we have spent a lot of time in researching tlie history of fiie lot. Our fmdings axe as follows: 1. The house on tliis lot and the lot directly to the south were built at the same time in 1978. 2. The pennits fiiat were obtained from the City of Carlsbad were for the house constTuction only. There was no requirement at that time to pull a peraiit for the stairs. It was something that you just built. 3. The owner, Dick Byrne, believes he has the contact person that has a picture that shows tiie stairs existed around 1979. Comments: 1. Even if Dick is successful in finding the photo, the stairs were built after the Coastal Commission came into existence. 2. No permit was pulled for tlie stairs but none wai? necessary from the Citj' of Carlsbad at that time, I doubt there was any discussion about needing a Coastal Permit for the stairs. 3. A Coastal Permit was issued about 2.5 years ago for a similar set of replacement concrete stairs 2 lots .south of the Byrne property. 4. Th? proposed concrete stairs will not require grading. To try and do minor fills to accommodate grade differentials would require a lot of work and greater disturbance to the exisling slope. 5. Stair construction is proposed to be done by forming each side and pumping concrete in between tlie forms. This, creates tile least amount of disturbance to the slopes. 6. The stairs do not provide access to the beach. They are proposed to follow the idenfical path of the existing stairs, so the Byrnes c.an get to.the lower part of their lot, as they have been doing for the last 12 years. 7. Concriits stairs have a much liigher life expectancy than wood stairs and would hopefully never have to be redone. 8. New wood stairs would require replacement in the flitiu-e and thus create anothc to the slope area. Concrete stairs would most likely negate any fiature work. 9. To simply remove the deteriorating stairs would leave a din path to the 1ov/er pi which would leave a highly erodible condition which nobody prefers or wants. Enginosring Management General Contracting Developwsnt EXHIBIT NO. 4 APPLICATION NO. A-6-Cii-08-01£ Letter from Agent ConchiLsion: Tne Byrnes have been utilizing the exisfing stairs for fiie last 12 years since tlicy have owned the house. T.t appears the stahs may have existed for 29 years. Their proposed stair repair requires no grading and v/ould create a very long term fix. The staixs adhere to the existing established string line. Many neighbors to the soutii are able to ufiiiE© fiieir stairs, and wc are lioping the Commission can see fit to allov/ fiie existing approval to remain, so the Byrnes caii repair their stairs and continue to use tJ.iem as they have for tlie last 12 years. Please call if you have any questions. Sincerely, Robert Suloip RCE 28302 11' il /,.-^R 1 0 2008 CALiFORNiA COASTAL COMMISSION SAN DIEGO COAST DISTRICT n CITY PERMITS ISSUED: CCC PERMITS ISSUED: RED DOTTED LINE POTENTIAL VIOLATIONS:GREEN ARROWS UNKNOWN: NO INDICATOR PRE-COASTAL: BLUE ARROW LO d z H CQ X X UJ 6? Q. tn Q. I << a (0 i.. l_ i-«- o Q.O CO (0 I STATE OF CALIFORNIA —THE RESOURCES AGENO ARNOLD SCHWARZENEGGER, Governor CALIFORNIA COASTAL COMMISSION SAN DIEGO COAST DISTRICT 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92108-4421 (619) 767-2370 FAX (619) 767-2384 www.coastal.ca.gov Page: 1_ Date: July 17, 2008 IMPORTANT PUBLIC HEARING NOTICE NEW APPEAL PERMIT NUMBER: APPLICANT(S): APPELLANT(S): A-6-CII-08-018 Mr. Richard Byrne Patnck Kruer, Sara Wan 1\ Cav DECISION BEING APPEALED: The removal of an existing unpermitted private wooden beach access staircase and the construction ofa new concrete staircase in its place, including a 130 sq. ft patio and two retaining walls, all on the face of the coastal bluff fronting a site currently developed with a single family residence. PROJECT LOCATION: 5001 Tierra Del Oro Street, Carlsbad (San Diego County) (APN{s) 210-020-23) HEARING DATE AND LOCATION: DATE: Friday, Augusts, 2008 TIME: Meeting begins at 8:00 AM PLACE: City of Oceanside Council Chambers 300 North Coast Hwy., Oceanside, CA PHONE (760) 801-0718 HEARING PROCEDURES People wishing to testify on this matter may appear at the hearing or may present their concerns by letter to the Commission on or before the hearing date. The Coastal Commission is not equipped to receive comments on any official business by electronic mail. Any information relating to official business should be sent to the appropriate Commission office using U.S. Mail or courier service. AVAILABILITY OF STAFF REPORT A copy of the staff report on this matter is available on the Coastal Commission's website at http://wvwv.coastal.ca.gov/mtgcurr.html. Alternatively, you may request a paper copy of the report from Toni Ross, Coastal Program Analyst, at the San Diego Coast District office. SUBMISSION OF WRITTEN MATERIALS: If you wish to submit written materials for review by the Commission, please observe the following suggestions: . We request that you submit your materials to the Commission staff no later than three working days before the hearing (staff will then distribute your materials to the Commission). • Mark the agenda number of your item, the application number, your name and your position in favor or opposition to the project on the upper right hand corner of the first page of your submission. If you do not know the agenda number, contact the Commission staff person listed on page 2. ® CALIFORNIA COASTAL COMMISSION Page: 2 Date: July 17, 2008 IMPORTANT PUBLIC HEARING NOTICE NEW APPEAL • If you wish, you may obtain a current list of Commissioners' names and addresses from any of the Commission's offices and mail the materials directly to the Commissioners. If you wish to submit materials directly to Commissioners, we request that you mail the materials so that the Commissioners receive the materials no later than Thursday of the week before the Commission meeting. Please mail the same materials to all Commissioners, alternates for Commissioners, and the four non-voting members on the Commission with a copy to the Commission staff person listed on page 2. • You are requested to summarize the reasons for your position in no more than two or three pages, if possible. You may attach as many exhibits as you feel are necessary. Please note: While you are not prohibited from doing so, you are discouraged from submitting written materials to the Commission on the day of the hearing, unless they are visual aids, as it is more difficult for the Commission to carefully consider late materials. The Commission requests that if you submit written copies of comments to the Commission on the day of the hearing, that you provide 20 copies. ALLOTTED TIME FOR TESTIMONY: Oral testimony may be limited to 5 minutes or less for each speaker depending on the number of persons wishing to be heard. ADDITIONAL PROCEDURES: Section 30625(b) of the Coastal Act requires the Commission to hear an appeal unless the Commission determines that no substantial issue is raised by the appeal. In its consideration of whether the appeal raises a substantial issue, the Commission may decide to take testimony from the public. In that case, proponents and opponents will have three minutes per side to address whether the appeal raises a substantial issue. If the Commission finds that a substantial issue is raised the Commission will proceed to a de novo public hearing on the merits of the project. If the Commission finds that no substantial issue is raised, the local government's action on the coastal development permit is final. No one can predict how quickly the Commission will complete agenda items or how many will be postponed to a later date. The Commission begins each session at the time listed and considers each item in order, except in extraordinary circumstances. Staff at the appropriate Commission office can give you more information prior to the hearing date. Questions regarding the report or the hearing should be directed to Toni Ross, Coastal Program Analyst, at the San Diego Coast District office. fR CALIFORNIA COASTAL COMMISSION STATE OF CALIFORNIA —THE RESOURCES AGENCV ARNOLD SCHWARZENEGGER, Governor CALIFORNIA COASTAL COMiviiSSION SAN DIEGO COAST DISTRICT 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92108-4421 (619) 767-2370 www.coastal.ca.gov NOTIFICATION OF APPEAL PERIOD DATE: January 20, 2005 TO: Don Neu City of Carisbad, Planning Department 1635 Faraday Avenue Carlsbad, CA 92008-7314 FROM: Bill Ponder, Coastal Program Analyst RE: Application No. 6-CMI-05-017 5<* Please be advised that on January 19, 2005 our office received notice of local action on the coastal development permit described below: Local Permit #: 04-55 Applicant(s): Herbert & Lorine Byrne Description: Convert an existing bedroom and hall to a 275 sq ft outdoor/indoor lanai space and construct a new 187 sq ft balcony above conversion area Location: 5001 Tierra Del Oro St, Carlsbad (San Diego County) (APN(s) 210-020- 23) Unless an appeal is filed with the Coastal Commission, the action will become final at the end of the Commission appeal period. The appeal period will end at 5:00 PM on February 2, 2005. Our office will notify you if an appeal is filed. If you have any questions, please contact me at the address and telephone number shown above. cc: Herbert & Lorine Byrne CALIFORNIA COASTAL COMMISSION FILE COPY Citv of Carlsbad Planning Department MINOR COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION January 13, 2005 Herbert & Lorine Byrne 5001 Tierra Del Oro Street Carisbad, CA 92008 SUBJECT: CDP 04-55 - BYRNE RESIDENCE ALTERATION The City has completed a review of the application for a Minor Coastal Development Permit for the conversion of an existing 275 square foot bedroom and hall to an indoor/outdoor lanai space and the construction of a 187 square foot balcony above the conversion area. It is the Planning Director's determination that the project CDP 04-55 - BYRNE RESIDENCE ALTERATION, is consistent with the applicable City's Coastal Development Regulations (Chapters 21.201 - 21.205) and with all other applicable City ordinances and policies. The Planning Director, therefore, APPROVES this request based upon the following: Findings: 1. That the total cost of the proposed development is less than $60,000. 2. That the proposed development requires no discretionary approvals other than a Minor Coastal Development Permit. 3. • That the development has no adverse effect individually or cumulatively on coastal resources or public access to the shoreline or the coast, in that no coastal resources or opportunities for coastal access are available from the subject site. 4. That the proposed development is in conformance with the Certified Local Coastal Program and all applicable policies in that the site is designated for residential uses. 5. That the development is in conformity with the public access and public 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. 1635 Faradav Avenue • Carlsbaci, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (9^ fYRNE RESIDENCE ALTERATION January 14, 2005 Paqe 2 6. That the request for a minor coastal development permit was adequately noticed at least fifteen (15) working days before the date of this decision pursuant to Section 21.201.080(B) and (C) ofthe Carisbad Coastal Development Regulations. 7. That the Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301 of the State CEQA Guidelines and will not have any adverse significant impact on the environment. 8. The subject site is located in the Coastal Resource Protection Overiay Zone, however, the proposed development (existing 275 square feet of living area) is not encroaching into slopes of twenty-five percent inclination and/or vegetation and therefore additional submittals, standards or requirements do not apply. The project does not require a grading permit. 9. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, 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 Planning Director does hereby APPROVE the Minor Coastal Development Permit, CDP 04-55, for the project entitled "Byrne Residence Alteration" (Exhibits A-C), dated January 13, 2005, on file in the Planning Department and incorporated by this reference, subject to the conditions herein set forth. 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 substantially different from this approval, shall require an amendment to this approval. 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; 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 CDP 04-55. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Coastai 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 04-55 - BYRNE RESIDENCE ALTERATION January 14, 2005 Paqe 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 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. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carisbad, 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 non-discretionary, 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. 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 Carisbad Municipal Code Section 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by Carisbad 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. If the taxes/fees and not paid, this approval will not be consistent with the General Plan and shall become void. 9. Approval is granted for CDP 04-55 as shown on Exhibits A-C, dated January 13, 2005, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 10. 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 Planning Director, notifying all interested parties and successors in interest that the City of Carisbad 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 Planning Director 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. CDP 04-55 - BYRNE RESIDENCE ALTERATION ^ January 14,2005 Paqe 4 11. 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 othenwise specifically provided herein. 12. 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. 13. Prior to issuance of any building permit. Developer shall comply with the requirements of the City's anti-graffiti program for wall treatments if and when such a program is formally established by the City. 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 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 Carisbad 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. CITY OF CARLSBAD DON NEU Assistant Planning Director MJH:CS:aw c: Van Lynch John Maashoff File Copy Data Entry Planning Aide Coastal Commission ^ '11^10^ C ^ fiLE COPY Citv of Carlsbad Planning Department January 13, 2005 Herbert & Lorine Byrne 5001 Tierra Del Oro St Carisbad CA 92008 SUBJECT: CDP 04-55 - BYRNE RESIDENCE ALTERATION Please find enclosed a notice of restriction that needs to be signed and notarized. This is to fulfill a condition of approval of the Minor Coastal Development Permit. Please be sure to pay particular attention to the signature instructions at the bottom of the signature page. If you have any questions regarding the above, please give me a call at (760) 602-4624. Sincerely, CHRIS SEXTON Planning Technician II Enc OS: aw 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us Citv of Carlsbad Planning Department December 15, 2004 Herbert & Lorine C. Byrne 5001 Tierra Del Oro Carisbad CA 92008 SUBJECT: CDP 04-55 - BYRNE RESIDENCE ALTERATION Your Minor Coastal Development Permit application is now ready for noticing. Please submit the items listed below to the attention of Chris Sexton. Submittal by December 21, 2004 will allow the public review period to begin on December 22, 2004 with a potential decision date of December 30, 2004. However, for this to occur, you must submit the additional items listed below. 1. Please submit: a. Two (2) copies of your (site plans, landscape plans, building elevation plans, floor plans) on 24" x 36" sheets of paper, stapled in complete sets folded into 9" X 12" size. As required by Section 65091 of the California Government Code, please submit the following infonnation needed for Minor Coastal Development Permit noticing and sign the attached certification form: c. 100' Owners List - a typewritten list of names and addresses of all property owners within a 100-foot radius of the subject property, including the applicant and/or owner. The list shall include the San Diego County Assessor's parcel number from the latest equalized assessment rolls. ICQ' Occupant List - a typewritten list of names and addresses of all occupants within a 100-foot radius of the subject property, including the applicant and/or owner. Mailing Labels - One (1) separate set of mailing labels of the property owners and occupants within a 100-foot radius of the subject property. The list must be typed in all CAPITAL LETTERS, left justified, void of any punctuation. For any address other than a single-family residence, an apartment or suite number must be included but the Apartment, Suite and/or Building Number must NOT appear in the street address line. DO NOT type assessor's parcel number on labels. DO NOT provide addressed envelopes - PROVIDE LABELS ONLY. Acceptable fonts are: Arial 11 pt, Arial Rounded MT Bold 9 pt, Courier 14 pt. Courier New 11 pt, MS Line Draw 11 pt. Sample labels are as follows: UNACCEPTABLE UNACCEPTABLE ACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt #3 Carisbad, CA 92008 Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 Carisbad, CA 92008 MRS JANE SMITH APT 3 123 MAGNOLIA AVE CARLSBAD CA 92008 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us CDP 04-55 - BYRNE RESKTENCE ALTERATIONS ^ December 15, 2004 Paqe 2 3. Radius Map - a map to scale, not less than 1" = 200', showing all lots entirely and partially within 100 feet of the exterior boundaries of the subject property. Each of these lots should be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. 4. Fee - a fee shall be paid for covering the cost of mailing notices. Such fee shall equal the current postage rate times the total number of labels. Cash check (payable to the City of Carisbad) and credit cards are accepted. Sincerely, CHRIS SEXTON CS:bd Attachment I HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES. APPLICATION NAME AND NUMBER CDP 04-55 BYRNE RESIDENCE ALTERATION APPLICANT OR APPLICANT'S REPRESENTATIVE BY: DATE: RECEIVED BY DATE: Citv of Carlsbad Planning Department December 14, 2004 Herbert & Lorine Byrne 5001 Tierra Del Oro St Carisbad CA 92008 SUBJECT: CDP 04-55 - BYRNE RESIDENCE ALTERATION Thank you for applying for Land Use Permits in the City of Carisbad. The Planning Department has reviewed your Minor Coastal Development Permit, application no. CDP 04-55, as to its completeness for processing. The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. The City may, in the course of processing the application, request that you clarify, amplify, correct, or othenwise, supplement the basic information required for the application. In addition, you should also be aware that various design issues may exist. These issues must be addressed before this application can be scheduled for a hearing. The Planning Department will begin processing your application as of the date of this communication. Please contact your staff planner, Chris Sexton, at (760) 602-4624, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, MICHAEL J. HOLZMILLER Planning Director MJH:CS:bd c: Chris DeCerbo, Team Leader John Maashoff, Project Engineer File Copy Data Entry Planning Aide 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us No. CDP 04-55 Planning: None Engineering: None Planning: None LIST OF ITEMS NEEDED TO COMPLETE THE APPLICATION ISSUES OF CONCERN Engineering: None