HomeMy WebLinkAboutCDP 15-27; 3009 Ocean Street Deck; Coastal Development Permit (CDP) (2){'city of
Carlsbad
MINOR COASTAL DEVELOPMENT PERMIT & NONCONFORMING CONSTRUCTION PERMIT
NOTICE OF DECISION
August 4, 2015
Francis Czerner
2610 Front Street
San Diego, CA 92103
RE: COP 15-27/NCP 15-04-3009 OCEAN STREET DECK
The City has completed a review of the application for a Minor Coastal Development Permit and
Nonconforming Construction Permit for the demolition and replacement of an existing deck on the west
side of the residential project located at 3009 Ocean Street.
It is the City Planner's determination that the project COP 15-27/NCP 15-04, 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:
COP 15-27
1. That the total cost of the proposed development is less than $60,000.
2. 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.
3. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act, in that the demolition and replacement of an existing deck 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 60 feet
north of the project site and 110 feet 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 multiple-family residential building and deck. Additionally, the
replacement of the deck is located in an exact same location of the existing deck and therefore
will not have an adverse effect on coastal resources.
Community & Economic Development
Planning Division (1635 Faraday Avenue Carlsbad, CA 92008-7314(760-602-4660 (760-602-8560 fl www.carlsbadca.gov
CDP 15-27 /NCP 15-04-3009 OCEAN STREET DECK
August 4, 2015
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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 RH and
R-3 respectively, the site is developed with a multiple-family residential building and the project
consists of the replacement of an existing permitted deck in the same location that conforms to all
applicable zoning standards with the approval of a Nonconforming Construction Permit NCP 15-
04. Furthermore, no agricultural activities, sensitive resources, geological instability, flood hazard
or vertical coastal access opportunities exist onsite and the replacement of the existing, permitted
deck in the same location with the same shape and size does not further 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 large width of dry sandy beach area below the site and
the toe of slope approximately 12' above sea level.
7. That the request for a Minor Site Development Plan was adequately noticed at least ten (10)
calendar days before the date of this decision pursuant to Section 21.54.060 of the Carlsbad
Municipal Code.
NCP 15-04
8. The replacement of the structure and/or use would not result in an adverse impact to the health,
safety and welfare of surrounding uses, persons or property in that the existing property is
currently developed with a multiple-family residential project, consistent with the Multiple-Family
Residential (R-3) zone and is in an area containing other multiple-family residential projects as
well as single-family residential and a hotel. The proposed replacement of an existing deck will be
of the same size and location and will not project any further into the rear yard or side yards.
9. The replacement of the structure shall comply with all current fire protection and building codes and
regulations contained in Titles 17 and 18 in that a building permit issued by the City of Carlsbad is
required for this project and the building plans will be reviewed for consistency with applicable
fire protection and building codes prior to issuance. Furthermore, the project will undergo
standard building inspection procedures during the construction of the additions.
10. The replacement would result in a structure that would be considered an improvement to, or
complementary to and/or consistent with the character of the neighborhood in which it is located in
that the existing deck is in need of repair. By replacing the deck with all new materials, the deck
will become safer and more visually appealing and is consistent with other westerly facing decks
located at homes along Ocean Street. Furthermore, the proposed replacement deck does not
extend any further into the rear or side yard then the existing deck.
CDP 15-27 /NCP 15-04-3009 OCEAN STREET DECK
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11. That the request for a Nonconforming Construction Permit was adequately noticed at least ten (10)
calendar days before the date of this decision pursuant to Section 21.54.060 of the Carlsbad
Municipal Code.
12. That the City Planner has determined that the project belongs to a class of projects that the State
Secretary for Resources has found do not have a significant impact on the environment, and it is
therefore categorically exempt from the requirement for the preparation of environmental
documents pursuant to Section 15302 -Replacement or Reconstruction of the state CEQA
Guidelines. In making this determination, the City Planner has found that the exceptions listed in
Section 15300.2 of the state CEQA Guidelines do not apply to this project.
Conditions:
1. The City Planner does hereby APPROVE the Minor Coastal Development Permit and Nonconforming
Construction Permit, COP 15-27 /NCP 15-04, for the project entitled 3009 OCEAN STREET DECK
(Exhibits "A"-"E"), dated August 4, 2015, 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 and
Nonconforming Construction 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 and Nonconforming Construction 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 and Nonconforming Construction Permit, (b)
City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in
CDP 15-27 /NCP 15-04-3009 OCEAN STREET DECK
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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 a Illegal 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 perm,ts 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 and Nonconforming Construction 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 9Y 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.