HomeMy WebLinkAboutCDP 13-34; Lisonbee Residence; Coastal Development Permit (CDP) (2)""~~ C I T Y 0 F
VcARLSBAD
Community & Economic Development
February 3, 2014
AI Simeone Design
737Y, Neptune Avenue
Encinitas, CA 92024
MINOR COASTAL DEVELOPMENT PERMIT
NOTICE OF DECISION
RE: CDP 13-34-LISONBEE RESIDENCE
www.carlsbadca.gov
The City has completed a review of the application for a Minor Coastal Development Permit for the
replacement of a 212 square foot patio cover to a 212 square foot second story exterior deck and
replacement of exterior windows and doors for the deck located at 5115 Shore Drive. The project also
includes the addition of 191 square feet of interior floor area by filling in an existing opening in the main level
floor and the addition of a 63 square foot bathroom.
It is the City Planner's determination that the project COP 13-34-Lisonbee Residence, is consistent with the
City's applicable Coastal Development Regulations (Chapters 21.201 -21.205) and with all other applicable
-~city ordinances and policies. The City Planner, therefore, APPROVES this request based upon the following:
1. That the 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 is in conformity with the public access and public recreation. policies of
Chapter 3 of the Coastal Act, in that the replacement of a 212 square foot patio cover to a second
story deck with new windows and doors to the deck and the addition of 254 square feet of interior
floor area to an existing single family residence does not interfere with the public's right of access
to the sea and the residentially designated site is not suitable for use as public recreation.
Furthermore, public access to the beach is available approximately 1/4 mile north and south of the
project site.
4. The proposed development will have no adverse effect on coastal resources, in that the site is
already developed with a single-family home. Additionally, the project is located in an area that is
already disturbed with existing improvements and therefore will not have an adverse effect on
coastal resources.
5. That the proposed development is in conformance with the Certified Local Coastal Program and all
applicable policies in that consistent with the Mello II Land Use and Zoning designation of RLM and
R-1 respectively, the site is developed with a single-family residence and the project consists of the
replacement of a 212 square foot patio cover to a 212 square foot second story exterior deck,
replacement of exterior windows and doors, the addition of interior floor area and a bathroom in
the single family residence which conforms to all applicable zoning standards including the string
line set back. Furthermore, no agricultural activities, sensitive resources, geological instability,
· .. . Planning Division ~··----~-------------------------------------------------------------:: 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
CDP 13-34-LISONBEE RESIDENCE
February 3, 2014
Page 2
flood hazard or vertical coastal access opportunities exist onsite and because no vertical
improvements are proposed in the side-yard setbacks, the project does not obstruct views of the
coastline as seen from public lands or public right-of-way or otherwise damage the visual beauty
of the coastal zone.
6. The project is consistent with the prov1s1ons of the Coastal Resource Protection Overlay Zone
(Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master
Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water
Mitigation Plan (SUSMP), and Jurisdictional Urban Runoff Management Plan (JURMP) to avoid
increased urban runoff, pollutants, and soil erosion. The project will not impact the existing
coastal bluff. Otherwise, no other steep slope or native vegetation is located on the subject
property and the site is not located in an area prone to landslides, or susceptible to accelerated
erosion, floods, or liquefaction due to the existing "rip-rap" slope protection.
7. That the request for a minor coastal development permit was adequately noticed at least ten {10)
calendar days before the date of this decision pursuant to Section 21.201.080(8) and (C) of the
Carlsbad Coastal Development Regulations.
8. That the City Planner has determined that the project is exempt from the requirements of the
California Environmental Quality Act (CEQA) per Section 15303-New Construction or Conversion of
Small Structures of the State CEQA Guidelines and will not have any adverse significant impact on
the environment.
Conditions:
1. The City Planner does hereby APPROVE the Minor Coastal Development Permit, COP 13-34, for the
project entitled Lisenbee Residence (Exhibits "A" -"F"), dated January 31, 2014, on file in the
Planning Division and incorporated by this reference, subject to the conditions herein set forth.
2. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and
maintained over time, if any of such conditions fail to be so implemented and maintained according
to their terms, the City shall have the 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; record a notice of
violation on the property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer or a
successor in interest by the City's approval of this Minor Coastal Development Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Minor Coastal Development Permit documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development shall occur
substantially as shown on the approved Exhibits. Any proposed development different from this
approval, shall require an amendment to this approval.
4. The Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
5. If any condition for construction of any public improvements or facilities, or the payment of any fees
in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged, this
approval shall be suspended as provided in Government Code Section 66020. If any such condition is
CDP 13-34-LISONBEE RESIDENCE
February 3, 2014
Page 3
determined to be invalid this approval shall be invalid unless the City Council determines that the
project without the condition complies with all requirements of law.
6. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold harmless
the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and
against any and all liabilities, losses, damages, demands, claims and costs, including court costs and
attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and
issuance of this Minor Coastal Development Permit, (b) City's approval or issuance of any permit or
action, whether discretionary or nondiscretionary, in connection with the use contemplated herein,
and (c) Developer/Operator's installation and operation of the facility permitted hereby, including
without limitation, any and all liabilities arising from the emission by the facility of electromagnetic
fields or other energy waves or emissions. This obligation survives until all legal proceedings have
been concluded and continues even ifthe City's approval is not validated.
7. This approval shall become null and void if building permits are not issued for this project within 24
months from the date of project approval.
8. 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 3, pursuant to
Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are
not paid, this approval will not be consistent with the General Plan and shall become void.
9. Prior to the issuance of the building permit, Developer shall submit to the City a Notice of Restriction
to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner,
notifying all interested parties and successors in interest that the City of Carlsbad has issued a Minor
Coastal Development Permit on the property. Said Notice of Restriction shall note the property
description, location cif the file containing complete project details and all conditions of approval as
well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The City
Planner has the authority to execute and record an amendment to the notice which modifies or
terminates said notice upon a showing of good cause by the Developer or successor in interest.
10. Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building permit issuance,
except as otherwise specifically provided herein.
Engineering:
11. 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.
12. Prior to issuance of a Building Permit, the developer shall complete and submit to the city engineer a
Project Threat Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the
PTAF, developer shall also submit the appropriate Tier level Storm Water Compliance form and
appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by the
completed PTAF all to the satisfaction of the city engineer. Developer shall pay all applicable SWPPP
plan review and inspection fees per the city's latest fee schedule.
CDP 13-34-LISONBEE RESIDENCE
February 3, 2014
Page4
13. Developer shall incorporate measures with this project to comply with Standard Stormwater
Requirements per the city's Standard Urban Stormwater Management Plan {SUSMP). These
measures include, but are not limited to: 1) reducing the use of new impervious surfaces (e.g.:
paving), 2) designing drainage from impervious surfaces to discharge over pervious areas (e.g.: turf,
landscape areas), 3) and designing trash enclosures to avoid contact with storm runoff, all to the
satisfaction of the city engineer.
NOTICE
This decision may be appealed by you or any member of the public to the Planning Commission within ten
_J:Iays of receipt of this letter. Appeals must be submitted in writing to the Planning Commission at 1635
Faraday Avenue in Carlsbad, along with a payment of $651.00 plus notice fees .. The filing of such appeal
within such time limit shall stay the effective date of the order of the City Planner until such time as a final
decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact
Chris Garcia at {760) 602-4622.
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations,
or other exactions hereafter collectively referred to for convenience as "fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest
them, you must follow the protest procedure set forth in Government Code Section 66020{a), and file the
protest and any other required information with the City Manager for processing in accordance with Carlsbad
Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action
to attack, review, set aside, void, or annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to
water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar
application processing or service fees in connection with this project; NOR DOES IT APPLY to any
fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of
limitations has previously otherwise expired .
. CITY OF CARLSBAD
CHRIS DeCERBO
Principal Planner
CD:CG:sm
c: Don Neu, City Planner
Chris DeCerbo, Principal Planner
Jason Geldert, Project Engineer
File Copy
Data Entry
California Coastal Commission (NoFA)