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HomeMy WebLinkAboutSDP 2024-0027; HALLER ADDITION; Admin Decision LetterApril 7, 2025 Grace Ehm {city of Carlsbad 3966 Falcon Street San Diego, CA 92103 SUBJECT: SDP2024-0027/NCP2024-0006 (DEV2024-0086) -HALLER ADDITION -Request for a Minor Site Development Plan and Nonconforming Construction Permit for a second-story addition to one unit of a two-family air-space condominium at 840 Camellia Place (APN: 204-210-24-01), in the Barrio Center (BC) District of the Village and Barrio Master Plan and Local Facilities Management Zone 1. The proposed addition includes a 772-square- foot second-story addition, a 188-square-foot exterior deck, and a 227-square-foot covered patio at the rear of the first level. Including the addition, the proposed height of the residence will be 27-feet-2-inches. The existing 824-sqaure-foot residence is legally nonconforming in that it was developed with an attached 205-square-foot one-car garage, whereas section 2.6.6 of the Village and Barrio Master Plan requires two garage spaces per dwelling for two-family dwellings. Dear Grace Ehm, The City Planner has completed a review of your application for Minor Site Development Plan, SDP 2024- 0027, and Nonconforming Construction Permit, NCP 2024-0006, located at 840 Camellia Place. A notice was sent to property owners within a 300-foot radius of the subject property requesting comments regarding the above request. No comments were received within the ten-day noticing period (ending on April 4, 2025). After careful consideration of the circumstances surrounding this request, the City Planner has made a decision pursuant to Section 21.06.070 and 21.48.080 of the City of Carlsbad Municipal Code to APPROVE this request based on the following findings and subject to the conditions listed below. Findings: Minor Site Development Plan, SDP 2024-0027 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 of the Carlsbad Municipal Code, and all other applicable provisions of this code in that the construction of a 772- square-foot second-story addition, a 188-square-foot exterior deck, and a 227-square-foot covered patio to one unit of an existing two-family home is consistent with the allowed land use in the Barrio Center District of the Village and Barrio Master Plan. Additionally, the addition is consistent with Section 21.48.050 of the Carlsbad Municipal Code (CMC}, which allows for nonconforming residential structures and uses to be continued and expanded if found to be in accordance with the provisions of CMC Chapter 21.48, Nonconforming Lots, Structures and Uses. The residential addition Community Development Department Planning Division [ 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 SDP2024-0027 /NCP2024-0006 (DEV2024-0086) -HALLER ADDITION April 7, 2025 Pa e 2 is consistent with those provisions because the proposed addition does not: result in an additional structural nonconformity; increase the degree of the existing nonconformity; or reduce the number and size of any required existing parking spaces. Furthermore, the project complies with all other development standards for the Barrio Center District, including height, setbacks, and lot coverage. 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 project consists of the construction of a second-story addition to one unit of a two-family air-space condominium located on a 0.15-acre lot, currently developed with two attached condominium units. The site is bordered by one and two-story, two-family homes, making the proposed addition consistent with the scale and character of the surrounding area. Additionally, the proposed addition incorporates stucco siding, stone veneer, and a standing seam metal roof, which will match the materials of the existing residence. 3. That the site for the intended development or use is adequate in size and shape to accommodate the use; in that with the exception of the existing one-car garage, the existing structure and proposed addition to the structure is consistent with all development standards for the Barrio Center, including height, setbacks, and lot coverage. 4. That all of the 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 addition is consistent with all development standards of the Village and Barrio Master Plan including yards, setbacks, walls, and fences. Additionally, the proposed addition has a height of 27-feet-11-inches, which is less than the 35-foot maximum building height allowed in the Barrio Center District. 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 two-family air space condominium will continue to be served by Camellia Place and there will be no increase in the number of dwelling units. Therefore, there is not an increase in the number of average daily trips (ADTs) and the existing streets continue to be adequate to handle the traffic generated by the project. Nonconforming Construction Permit, NCP 2024-0006 6. The expansion of the structure and 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 two attached condominium units consistent with the requirements of the Barrio Center district, with exception to the existing nonconforming one-car garage. The existing 824- square-foot residence was developed with an attached 205-square-foot one-car garage, whereas section 2.6.6 of the Village and Barrio Master Plan requires two garage spaces per dwelling for two- family dwellings. The proposed addition complies with all applicable codes and standards and the use of the property will continue to be two-family residential as permitted in the Barrio Center district. The existing structure and proposed addition are compatible with the surrounding two- family residential uses located to the north, east, south, and west of the project site. SDP2024-0027 /NCP2024-0006 (DEV2024-0086) -HALLER ADDITION April 7, 2025 Pa e 2 7. The area of expansion shall comply with all current requirements and development standards of the zone in which it is located, except as provided in Subsection 21.48.050{A)(3) of this chapter in that the use of the property will continue to be a two-family residence. The existing home will be expanded to allow more square footage and will undergo interior and exterior improvements to enhance the property within the BC district of the Village and Barrio Master Plan. Furthermore, the proposed addition meets all current development standards including building height, lot coverage, and setback requirements. 8. The expansion 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 construction 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 all improvements to the site. 9. The expansion 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 use of the property will continue to be used as a two-family condominium and one of the existing units will be expanded to allow more square footage and undergo interior and exterior improvements to enhance the property within an area comprised of single-family and multi-family residential development. General 10. 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 15301(e)(2) -Existing Facilities 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. 11. That the request for a Minor Site Development Plan and 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. The City Planner has reviewed each of the exactions imposed on the Developer contained in this approval letter, 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 otherwise specified herein, all conditions shall be satisfied prior to building permit. SDP2024-0027 /NCP2024-0006 (DEV2024-0086) -HALLER ADDITION April 7, 2025 Pa e 2 1. Approval is granted for SOP 2024-0027 and NCP 2024-0006 as shown on Exhibits "A -J" dated April 7, 2025, 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 Minor Site Development Plan 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 Site Development Plan 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. 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 Site Development Plan and Nonconforming Construction 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. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Site Plan, conceptual grading plan and preliminary utility plan reflecting the conditions approved by the final decision- making body. The copy shall be submitted to the City Planner, reviewed and, if found acceptable, signed by the city's project planner and Project Engineer. If no changes were required by these conditions, the approved exhibits shall fulfill this condition. SDP2024-0027 /NCP2024-0006 (DEV2024-0086) -HALLER ADDITION April 7, 2025 Pa e 2 8. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 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. 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. 11. 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 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 by the Developer or successor in interest. Code Reminders: 12. 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. 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." 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. SDP2024-0027 /NCP2024-0006 (DEV2024-0086) -HALLER ADDITION April 7, 2025 Pa e 2 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 $930.00. 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 Mackenzie VanZyverden at (442) 339-5301. Sincerely, M/f)~ MICHAEL STRONG Assistant Director of Community Development MS:MM :CF c: Seth Haller and Lauren Haller, 840 Camellia Place, Carlsbad, CA 92008 Nichole Fine, Project Engineer Laserfiche/File Copy Data Entry