HomeMy WebLinkAboutSDP 14-05; Julie Sun Deck; Site Development Plan (SDP)d~A_ CITY OF
VcARLSBAD
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MINOR SITE DEVELOPMENT PLAN/COASTAL DEVELOPMENT PERMIT/HILLSIDE DEVELOPMENT PERMIT
NOTICE OF DECISION
July 16, 2014
Stephanie Lupton
PO Box 2216
San Marcos, CA 92079
RE: SOP 14-05/CDP 13-19/HDP 14-02-JULIE SUN DECK
The City has completed a review of the application for a Minor Site Development Plan, Minor Coastal
Development Permit, and Hillside Development Permit. The project consists of rectifying an active code
violation/enforcement case pending since February 25, 2013 whereas the property owner expanded
the size of an existing permitted deck, constructed a separate lower level deck, and made repairs to an
existing staircase and landing area, all without receiving the appropriate permits. The following actions
will take place with the approval of the project: 1) removal of the lower level non-permitted deck, 2)
legally permit a 670 square foot addition to the upper-level deck, and 3) approve the
reconstructed/repaired stairs and landing in kind to an existing two-unit residential apartment building
located at 3053 Ocean Street within the Mello II Segment of the Local Coastal Program.
It is the City Planner's determination that the project SOP 14-05/CDP 13-19/HDP 14-02-JULIE SUN DECK,
is consistent with the City's applicable Qualified Development Overlay Zone Regulations (Chapter 21.06},
the City's Coastal Development Regulations (Chapters 21.201-21.205}, the City's Hillside Development
Ordinance (Chapter 21.95), and with all other applicable City ordinances and policies. The City Planner,
therefore, APPROVES this request based upon the following:
Minor Site Development Plan Findings (SOP 14-05)
1. That the proposed development or use is consistent with the general plan and any applicable
master plan or specific plan, complies with all applicable provisions of Chapter 21.06, and all other
applicable provisions of Title 21, in that the project site consists of a 0.37-acre previously
developed infill lot improved with a two-unit residential apartment building located on the
seaward side of Ocean Street between Carlsbad Village Drive and Oak Avenue. The proposed
deck expansion and reconstruction of the staircase and landing area is an accessory residential
use that is consistent with the Residential High General Plan Land Use designation and
compatible with existing multi-family, two-family and single-family residences that are located
in the beach area. Furthermore, the project will not be detrimental to existing uses or to uses
specifically permitted in the area in which the use is located in that, the existing two-unit
residential apartment building and deck addition including the reconstruction of the staircase
and landing area is a use permitted within the R-3 zone.
· Planning Division ~~---~~-------------------------------------------.;: 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559
SOP 14-05/CDP 13-19/HDP 14-02 -JULIE SUN DECK
July 16, 2014
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2. That the requested development or use is properly related to the site, surroundings and
environmental settings; will not be detrimental to existing development or uses or to
development or uses specifically permitted in the area in which the proposed development or use
is to be located, and will not adversely impact the site, surroundings or traffic circulation, in that
the proposed deck addition including the reconstruction of the staircase and landing area to an
existing two-unit residential apartment building with a Residential High General Plan Land Use
designation is compatible with existing residential uses that are located throughout the area.
Furthermore, the proposed deck addition will not be detrimental to existing uses or to uses
specifically permitted in the area in which· the use is located in that, the deck addition to the
existing two-family residential project is a use permitted within the R-3 zone and is compatible
with the residential uses to the north and south. The existing two-unit residential apartment
building is properly related to the site surroundings and environmental settings in that the
project with the removal of the non-permitted lower level deck complies with all development
standards of the R-3 zone and Mello II LCP and will result in no environmental impacts. The
project will not adversely impact the site, surroundings, or traffic circulation in that the project
complies with all applicable development standards and the deck addition will not result in an
increase in ADT.
3. That the site for the intended use is adequate in size and shape to accommodate the use, in that
the project complies with all development standards of the Beach Area Overlay Zone. (BAOZ),
Coastal Shoreline Development Overlay Zone, and Residential Multiple-Family Zone (R-3),
including side yard setbacks, coastal "stringline" setback, lot coverage, and height restrictions.
4. That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested development or use to existing or permitted future development or use in the
neighborhood will be provided and maintained, in that the project has been designed in
compliance with the development and design standards of the Beach Area Overlay Zone and R-
3 Zone ofthe Carlsbad Municipal Code as well as complying with the costal "stringline" setback.
The project is compatible with existing permitted uses. The deck addition project has been
designed to meet the required interior side yard and coastal "stringline" setback. No alterations
to the existing landscaping are proposed. However, the removal of the non-permitted lower
level deck will exp.ose the slope to erosional forces and will be required to be vegetated.
5. That the street system serving the proposed development or use ·is adequate to properly handle
all traffic generated by the proposed use, in that the existing streetsystem will continue to
adequately handle the 12 ADT generated by the two-unit residential apartment building. Ocean
Street is identified as an alternative design street and does not require street improvements.
Coastal Development Permit Findings (COP 13-19)
6. That the total cost of the proposed development is less than $60,000.
7. That the development is in conformity with the public access and public recreation policies of
Chapter 3 of the Coastal Act, in that the addition of 670 square feet to the westerly deck of an
existing two-unit residential apartment project 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 immediately to the north of the project
site.
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8. The proposed development will have no adverse effect on coastal resources, in that the site is
already developed with a two-unit residential apartment building. Additionally, the project is
located in an area that is already disturbed and therefore will not have an adverse effect on
coastal resources.
9. 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 two-unit residential apartment building and
the project consists of the addition of · 670 square feet to the existing westerly deck and
reconstruction of the staircase and landing area which conforms to all applicable zoning
standards, including the coastal "stringline" set back. In addition, no agricultural activities,
sensitive resources, geological instability, flood hazard or vertical coastal access opportunities
exist onsite. Further, as 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. With the removal of the non-
permitted lower-level deck, the project will be consistent with the Certified lCP.
10. The project is consistent with the provisions 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 "iceplant" slope protection.
11. The project is consistent with the provisions of the Coastal Shoreline Development Overlay Zone
(Chapter 21.204 of the Zoning Ordinance) in that the geotechnical report prepared for the
proposed project (Technical Field Services, Inc. February 25, 2014) determined that the deck
addition is feasible and will have no adverse effect on the stability of the bluff and the proposed
extension of the deck complements the design of the existing two-family residential structure.
Ocean views will be preserved to the maximum extent feasible as the project complies with the
side yard setback requirements. In addition, the project adheres to all coastal "stringline"
setback requirements, specifically with respect to the adjacent development to the north and
south, no grading is required, and all natural features will be preserved to the maximum extent
feasible.
12. 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(B) and (C) of the
Carlsbad Coastal Development Regulations.
Hillside Development Permit Findings (HOP 14-02)
13. Hillside conditions have been properly identified on the constraints map which show existing and
proposed conditions and slope percentages.
14. Undevelopable areas of the project, i.e. slopes over 40%, have been properly identified on the
constraints map.
SOP 14-05/CDP 13-19/HDP 14-02-JULIE SUN DECK
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15. The development proposal is consistent with the intent, purpose and requirements of the Hillside
Ordinance, Chapter 21.95 in that a) the project is consistent with the land Use and Open
Space/Conservation elements of the General Plan since the site has been previously graded and
de.veloped with a two-unit residential apartment building, and no undevelopable natural
hillsides or sensitive resources are located on the site; b) the existing hillside conditions have
been properly identified and incorporated into the project review; c) the project design will
preserve and enhance the aesthetic qualities of the existing slope as no grading is proposed;
and d) there will be no impact on the lagoons, riparian ecosystems, or the ocean in that the
project has been conditioned to provide vegetation on the exposed portion of the slope where
the non-permitted deck is to be removed and the project will comply with the NPDES permit
requirements as required by the Regional Water Quality Board and the City of Carlsbad.
16. The proposed grading and development will not occur in the undevelopable portions of the site
in that no grading is proposed and the project is not located within an area defined as
undevelopable by Section 21.S3.230(b} of the Carlsbad Municipal Code.
17. The grading design minimizes disturbance of hillside lands in that the project requires no grading.
18. The project design substantially conforms to the intent of the concept illustrated in the Hillside
Development Guidelines Manual in that no new slopes are being proposed.
19. That the project is consistent with the City's landscape Manual (Carlsbad Municipal Code Section
18.50.030 and landscape Manual Section I B).
General Findings:
20. That the City Planner has determined that the project is exempt from the requirements of the
California Environmental Quality Act (CEQA) per Section 15301 and 15303 (Existing Facilities and
new construction of small structures) of the State CEQA Guidelines and will not have any adverse
significant impact on the environment.
21. The City Planner 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 th~ project.
Conditions:
1. The City Planner does hereby APPROVE the Minor Site Development Plan, Minor Coastal
Development Permit, and Hillside Development Permit SDP 14-05/CDP 13-19/HDP 14-02, for the
project entitled Julie Sun Deck (Exhibits "A" -"F"), dated July 16, 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
SDP 14-05/CDP 13-19/HDP 14-02 -JULIE SUN DECK
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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 Site Development
Plan, Minor Coastal Development Permit, and Hillside Development Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Minor Site Development Plan, Minor Coastal Development Permit, and
Hillside 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 i~suance.
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 Site Development Plan, Minor Coastal
Development Permit, and Hillside 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 if the City's approval is not
validated.
7. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan
showing conformance with the approved Preliminary Landscape Plan and the City's Landscape
Manual. Developer shall construct and install all landscaping and irrigation as shown on the
approved Final Plans. All landscaping shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris. All irrigation systems shall be maintained to provide the optimum
amount of water to the landscape for plant growth without causing soil erosion and runoff.
8. The Landscape Plan should specially address the exposed slope located underneath the non-
permitted deck that is to be removed.
9. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape
plancheck process on file in the Planning Division and accompanied by the project's building,
improvement, and grading plans.
10. 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.
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11. 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.
12. 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 Site Development Plan, Minor Coastal Development Permit, and Hillside
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.
13. A building permit shall be submitted to the City within 30 days from the date of approval to
avoid further City Enforcement actions.
14. 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
15. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include but are
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
construction, general housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or devices to prevent or reduce the
discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the
maximum extent practicable. Developer shall notify future owners and/ or tenants of the above
requirements.
16. Developer is responsible to ensure that all final design plans (building plans, landscape plans, etc.)
iAcorporate all source control, site design, and Low Impact Design (LID) facilities.
17. 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 reducing the use of new impervious surfaces (e.g.:
paving) and designing drainage from impervious surfaces to discharge over pervious areas (e.g.:
turf, landscape areas to the satisfaction of the city engineer.