HomeMy WebLinkAboutRP 2018-0009; 2975 JEFFERSON STREET; Admin Decision Letter8FILE COPY
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April 4, 2019
Ccityof
Carlsbad
Mojtaba Esfahani
14824 Vista del Oceano
Del Mar, CA 92014
SUBJECT: RP 2018-0009/CDP 2018-0034 (DEV2018-0118)-2975 JEFFERSON STREET -Request for
approval of an Administrative Review Permit (RP 2018-0009) and Administrative Coastal
Development Permit (CDP 2018-0034) to allow the conversion of garage area into an
additional dwelling unit and addition of required parking spaces in an existing multi-family
residential property located at 2975 Jefferson Street, in District 2 of the Village Review (V-
R) Zone and Local Facilities Management Zone 1.
Dear Mr. Esfahani,
The City Planner has completed a review of your application for an Administrative Review Permit (RP
2018-0009) and Administrative Coastal Development Permit (CDP 2018-0034) to allow the conversion of
garage area into an additional 585 square-foot unit in an existing multi-family residential property located
at 2975 Jefferson Street. No comments were received within the ten (10) day notice period (ending on
March 9, 2019).
It is the City Planner's determination that the project, RP 2018-0009/CDP 2018-0034 (DEV2018-0118) -
2975 JEFFERSON STREET, is consistent with the Carlsbad Village Master Plan and Design Manual and with
all other applicable city ordinances and policies. Therefore, the City Planner APPROVES this request based
on the following findings and conditions:
Findings:
RP 2018-0009:
1. That the total cost of the proposed development is less than $60,000 in that the project proposes
to convert existing garage area into a new dwelling unit.
2. The City Planner has determined that the project is consistent with the po)icies, goals and action
programs set forth within the Carlsbad General Plan in that the project is consistent with the
General Plan's Village (V) land use designation in that the project proposes to add one
residential unit to the existing multi-family residential property. The General Plan density
standard for the property is 28-35 dwelling units per acre. The project proposes a total of 4
dwelling units, which meets the minimum 28 dwelling units per acre. The project is compatible
with the character and the scale of the surrounding area In that there are both residential and
commercial uses surrounding the proposed project.
Community & Economic Development
Planning Division I 1635 Faraday Avenue Carl.sbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov
RP 2018-0009/CDP 2018-0034 {DEV2018-0118) -2975 JEFFERSON STREET
April 4, 2019
Page 2
3.
4.
yqo:, 3Jl18
The City Planner has determined that the project is consistent with Chapter 21.35 {Village Review
Zone) of the Carlsbad Municipal Code and all applicable development standards and land use
policies set forth within the Village Master Plan and Design Manual in that the proposed project
is consistent with all applicable standards for the zoning district in which it is located as well as
the carlsbad Village Master Plan and Design Guidelines, including density, setbacks, building
height, lot coverage, and parking.
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 1S303{b)-New Construction or Conversion of Small Structures
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.
CDP 2018-0034:
5. That the proposed development is in conformance with the Village Segment of the Certified Local
Coastal Program {LCP) and all applicable policies in that the project consists of the addition of a
dwelling unit to an existing multi-family residential development, which is consistent with the
Carlsbad Village Master Plan and Design Manual, which serves as the Certified Local Coastal
Program for the City of Carlsbad Village Segment of the California Coastal Zone. The proposed
addition is consistent with the surrounding development, which includes both commercial and
· residential uses. The proposed project will not obstruct views of the coastline as seen from
public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal
zone.
6. The proposal is in conformity with the public access and recreation policies of Chapter 3 of the
Coastal Act in that the site Is not located adjacent to the coast, and therefore no public
opportunities for coastal shoreline access are available from the subject site.
7. The project is not located between the sea and the first public road parallel to the sea and,
therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone
(Chapter 21.201 of the Zoning Ordinance).
General
8. The City Planner has reviewed each of the exactions imposed on the Developer contained in this
approval, 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:
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval of
this proposed development, must be met prior to approval of a building permit.
RP 2018-0009/CDP 2018-0034 (DEV2018-0118) -2975 JEFFERSON STREET
April 4, 2019
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1. Approval is granted for RP 2018-0009/CDP 2018-0034 as shown on Exhibits "A" -"F" dated April
4, 2019, on file in the Planning Division and incorporated herein by reference. Development shall
occur substantially as shown unless otherwise noted in these conditions.
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 Review Permit and Coastal
Development Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Review Permit and 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/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 Review Permit and 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.
5. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in
effect at the time of building permit issuance.
6. Prior to the issuance of a building permit, owner/applicant 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 inte'rest that the City of Carlsbad has
issued a Review Permit and Coastal Development Permit on the real property owned by the
owner/applicant. 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 owner/applicant or successor in interest.
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.
RP 2018-0009/CDP 2018-0034 (DEV2018-0118) -2975 JEFFERSON STREET
April 4, 2019
Pa e4
8. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from the Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
9. Developer shall report, in writing, to the City Planner within 30 days, any address change from
that which is shown on the permit application, any change in the telecommunications provider,
or any transfer in ownership of the site.
Engineering:
General
10. 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.
11. This project is approved upon the express condition that building permits will not be issued for
the development of the subject property, unless the District Engineer has determined that
adequate water and sewer facilities are available at the time of permit issuance and will continue
to be available until time of occupancy.
12. The developer shall complete processing of a lot line adjustment between lot 27 and lot 28.
Storm Water Quality
13. 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 prospective owners and tenants of the above
requirements.
14. Developer shall complete and submit to the City Engineer a Determination of Project's SWPPP
Tier Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer
shall also submit the appropriate Tier Level Storm Water Compliance form and appropriate Tier
Level Storm Water Pollution Prevention Plan (SWPPP) 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.
15. Developer is responsible to ensure that all final design plans (grading plans, improvement plans, .
landscape plans, building plans, etc.) incorporate all source control, site design, pollutant control
BMP and applicable hydromodification measures.
RP 2018-0009/CDP 2018-0034 (DEV2018-0118) -2975 JEFFERSON STREET
April 4, 2019
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Dedications/Improvements
16. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain
a right-of-way permit to the satisfaction of the City Engineer.
Utilities
17. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows,
fire hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if
proposed, shall be considered public improvements and shall be served by public water mains to
the satisfaction of the district engineer.
18. Sizes and locations of water service, water meter, and backflow preventer shall be shown on
the building plans and shall be provided to the satisfaction of the district engineer and city
engineer. The locations and sizes of said services shall be reflected on public improvement
plans.
19. Sizes and locations of sewer laterals shall be shown on the building plans and shall be provided
to the satisfaction of the district engineer and city engineer. The locations and sizes of the sewer
laterals shall be reflected on public improvement plans.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
20. 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.
21. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.330.
22. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the
City of Carlsbad Municipal Code to the satisfaction of the City Engineer.
23. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section
13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor
area contained in the staff report and shown on the site plan are for planning purposes only.
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."
RP 2018-0009/CDP 2018-0034 {DEV2018-0118) -2975 JEFFERSON STREET
April 4, 2019
Pa e 6
You have 90 days from the 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.
This decision may be appealed by you or any other member of the public to the Planning Commission
within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division
at 1635 Faraday Avenue in Carlsbad, along with a payment of $876.00. 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 Esteban Danna at 760-602-4629.
Sincerely,
Yl/4
DON NEU
City Planner
DN:ED:mf
c: Teri Delcamp, Principal Planner
Jennifer Horodyski, Project Engineer
HPRM/File Copy
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