HomeMy WebLinkAboutCDP 13-35; Ocean Street Condo; Coastal Development Permit (CDP) (3)Ai~A_ C IT Y 0 F
VcARLSBAD
Community & Economic Development
February 20, 2014
Cynthia & Martin Blair
2655 Ocean Street
Carlsbad, CA 92008
MINOR COASTAL DEVELOPMENT PERMIT
NOTICE OF DECISION
RE: COP 13-35-OCEAN STREET CONDO
www.carlsbadca.gov
The City has completed a review of the application for a Minor Coastal Development Permit for the
enclosure of an existing 175 square foot deck on the third floor of the north side of an existing two unit
condominium building located at 2655 Ocean Street.
It is the City Planner's determination that the project CDP 13-35 -Ocean Street Condo, 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. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act, in that the 175 square foot deck enclosure 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. Vertical public access to the beach is available within approximately 300 feet of
the project site. Furthermore, lateral public access has been provided with a previous
approval of a Coastal Development Permit on this property (COP 97-36).
4. The proposed development will have no adverse effect on coastal resources, in that the site is
already developed with a two-unit condominium building. In addition, the deck enclosure is
located on the third floor of the building and therefor 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 the site is developed with a two-unit condominium building and
the project consists of an enclosure of an existing deck which is consistent with the RH Land
Use designation and R-3 Zoning designation. Furthermore, no agricultural activities, sensitive
resources, geological instability, flood hazard or vertical coastal access opportunities exist
onsite, and because the improvements are within the permitted height requirements, the
· · .. Planning Division
~~'----~--------------------------------------------------~ · 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559
CDP 13-35-OCEAN STREET CONDO
February 20, 2014
Page 2
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. 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) of
the Carlsbad Coastal Development Regulations.
7. That the City Planner 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.
Conditions:
1. The City Planner does hereby APPROVE the Minor Coastal Development Permit, CDP 13-35, for
the project entitled Ocean Street Condo (Exhibits "A"-"G"), dated February 20, 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 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
CDP 13-35-OCEAN STREET CONDO
February 20, 2014
Page 3
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
em1ss1ons. This obligation survives until all legal proceedings have been concluded and
continues even if the 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 1, 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 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 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.
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.
NOTICE
This decision may be appealed by you or any member of the public to the Planning Commission within
ten days of receipt of this Jetter. Appeals must be submitted in writing to the Planning Commission at
1635 Faraday Avenue in Carlsbad, along with a payment of $651.00. 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 Austin Silva at (760) 602-4631.
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),
CDP 13-35-OCEAN STREET CONDO
February 20, 2014
Page 4
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.
--¥ou 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
CJ~ b:GJo
CHRIS DeCERBO
Principal Planner
CD:AS:sm
c: Don Neu, City Planner
Chris DeCerbo, Principal Planner
Project Engineer
Team Leader
File Copy
Data Entry
California Coastal Commission (No FA)