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Home My WebLink AboutPUD 09-04; 4563/4565 COVE DRIVE; Admin Decision Letter,.,-,,.._.-'.!4o-:!>JCPI • l ' '., November 23, 2009 Carol Gray 4563 Cove Drive Carlsbad, CA 92008 -City • FILE COPYIJ" of Carlsbad I :.J El 11,i•li· I •J4·tliii,141ii SUBJECT: AV 09-04 -4563/4565 COVE DRIVE Dear Carol Gray, The Planning Director has completed a review of your application for an Administrative Variance, AV 09-04 -4563/4565 Cove Drive. The variance is a request to modify ~ Planned Development (CMC Chapter 21.45) standard and reduce the required front yard setback for a direct entry garage (from 20 feet to 1 O feet) to allow the conversion of an existing duplex to condominium ownership on a residentially zoned lot located at 4563/4565 Cove Drive. A notice was sent to property owners within a 300' radius of the subject property requesting comments regarding the above request. No comments were received within the ten day notice period (ending on October 7, 2009). After careful consideration of the circumstances surrounding this request, the Planning Director has determined that the five findings required for granting an Administrative Variance within the Coastal Zone CAN be made and therefore; APPROVES this request based on the following findings and conditions. Findings: 1. There ARE exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and zone because of the existing lot size and configuration. The subject property has a substandard lot size (4,745 SF) which is less than the minimum lot size (5,000 SF) required by the R-W zone and is irregular in lot configuration. The lot is configured in a pie shape so that it is approximately 72 feet wide at the front property line and 30 feet wide at the rear property line. The reduced lot width within the rear half of the lot necessitates that the two unit structure be sited closer to the front property line thereby reducing the front yard setback to 10 feet and increasing the rear yard setback to three and half times greater than the required 8 foot setback. This lot siting helps to accommodate the structure on the lot, including the required off-street covered parking. Since the existing 4,745 SF pie-shaped lot _was legally created and is consistent in size and shape with other developed lots in the same vicinity, it should therefore be entitled to similar development rights. Adjacent properties to the north and south of the subject property have similar lot configurations and are developed with similar duplex units that were previously granted reduced front yard setback variances to allow for condominium ownership. In addition, the existing duplex was built consistent with the development standards of the Residential Waterway (R-W) zone. The R-W zone includes a less restrictive (10' front yard setback) development standard than the Planned Development (20' front yard setback) ordinance. However, the less restrictive R-W zone standards were not intended to preclude or prohibit the conversion of duplex units for condominium ownership. 2. The requested variance IS necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ AV 09-04 -4563/4565 eel DRIVE November 19, 2009 PAGE 2. to the property in question because other surrounding properties along Cove Drive and Park Drive within the Bristol Cove Community are developed as ownership condominium dwelling units with front yard setbacks which are less than the required 20 feet. Furthermore, without the approval of the variance, the applicant would be precluded from achieving similar ownership rights enjoyed by • othe( properties located within the neighborhood including the adjacent properties which were previously converted to condominiums. 3. The granting of this variance WOULD NOT be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the property is located because the 10-foot reduction in the required front yard setback (from 20' to 10') would not limit visibility or harm the health, safety, and general welfare of passing pedestrians and motorists. The existing duplex structure was developed with a· 10- foot front yard setback entirely consistent with surrounding development within the Bristol Cove Community. The duplex structure is in conformance with all R-W zoning requirements and the conversion to condominium ownership will not affect the visibility of pedestrians and vehicular traffic along Cove Drive. 4. The granting of this variance WILL NOT adversely affect the comprehensive General Plan because the two-unit condominium project is consistent with the City's Residential High Density (RH) General Plan Land Use designation of 15-23 dwelling units per acre and consistent with the underlying Residential Waterway (R":"W) zone. The project's density of 18.51 du/ac is within the RH density range of 15,-23 du/ac and is also in conformance with the_surrounding properties·inthe Bristol Cove Community.· • 5. That the variance is consistent with and implements the requirements of the certified local coastal program and that the variance does not reduce or in any manner adversely affect the protection of coastal resources as specified in the zones included in this title, and that the variance implements the purposes of zones adopted to implement the local coastal program land use plan in that no agricultural uses currently exist on the previously developed site, and the property is not within the Coastal Agricultural Overlay Zone that would require mitigation for conversion to urban uses. There are no sensitive coastal resources on the previously developed site. The existing improvements are not located in an area of known geologic instability or flood hazard. No public opportunities for coastal shoreline access are available from the subject site and although the project is located between the first public road and the lagoon shoreline, no public access requirements are conditioned for the project as there is adequate nearby public access (250 yards southeast) within the Bristol Cove Community. Furthermore, a reduction in the front yard setback (from 20' to 10') will not further obstruct views of the lagoon shoreline as seen from public lands or the public right of way, nor otherwise damage the visual beauty of the coastal zone. 6. That the Planning Director 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 15303 -(Conversion of Small Structures), of the state CEQA Guidelines. Additionally, as Sprint PCS must comply with FCC regulations, radio frequency emissions from the proposed facility are below levels established as acceptable by the FCC, and are therefore not considered a health hazard. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. AV 09-04 -4563/4565 cc:4tDRIVE November 19, 2009 PAGE3 Conditions: • 1. Approval is granted for AV 09-04 as shown on Exhibit A, dated November 19, 2009, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. Prior to the recordation of the associated Parcel Map (MS 09-05), Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued an Administrative Variance 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 Planning Director 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. 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 4. This project becomes null and void upon the expiration or withdrawal of Parcel Map MS 09- 05. , 5. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and -au other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. This decision may be appealed by you or any member of the public to the Planning Commission within ten days of receipt of this letter. Appeals must be submitted in writing to the Planning Commission at 1635 Faraday Avenue in Carlsbad, along with a payment of $905.00. The filing of such appeal within such time limit shall stay the effective date of the order of the Planning Director 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 Greg Fisher at (760) 602-4629. SJ~?JsJL GARY T. BARBERIO Assistant Planning Director GTB:GF:sm c: Carol Gray, 1155 Camino Del Mar, #132, Del Mar, CA 92014 Frederick Meyer, 2348 Harcourt Drive, San Diego, CA 92123-3606 Michele Masterson, Senior Management Analyst Steve Bobbett, Project Engineer Data Entry File Copy