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Home My WebLink AboutAV 06-02; OCEAN VISTA ESTATES; Admin Decision LetterJanuary 11, 2007 Bernard Goldstein 160 Tamarack Avenue Carlsbad, CA 92008 City of Carlsbad IAF•hh•h·■•J=i•E•iii,140I SUBJECT: AV 06-02 -OCEAN VISTA ESTATES The Planning Director has completed a review of your application for an Administrative Variance, AV 06-02 at 2710 Ocean Street. After careful consideration of the circumstances surrounding this request, the Planning Director has determined that the four findings required for granting an Administrative Variance 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 the parcel is a thru lot, the labeled rear yard maintains a 20' rear yard setback, which provides adequate structure setbacks from the roadway; therefore, making up for the reduction in the front. In addition, the required 5' Ocean St dedication for the future road widening improvements, in combination with the required corner lot 1 O' side yard setback on Beech Avenue, reduces the buildable area of the lot. 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 to the property in question because, in lieu of lot constraints and varying development standards, the 3 proposed adjacent lots directly south and several lots directly west across Ocean Street have reduced front yard setbacks varying from 15' to O'. Approving a reduced front yard setback would preserve uniformity along the block and provide similar setbacks as others enjoy. 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 reduced front yard setback would allow for the dedication and road widening of Ocean Street to occur, providing for an efficient circulation network for the future. In addition, the reduced front yard setback allows for the already approved single family residence to maintain its 4 underground parking spaces, helping to eliminate on-street parking along Beech Avenue and Ocean Street and reducing the likelihood of parked cars blocking the public sidewalk. 4. The granting of this variance WILL NOT adversely affect the comprehensive General Plan because the property will maintain its existing RMH General Plan Land Use 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760).602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ ~ '-" AV 06-02 -OCEAN VISTA ESTA TES January 11, 2007 Page 2 designation and be developed as a single-family residential project. In addition, the variance will aid in maintaining a safe, efficient, and functional circulation network. 5. 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 15305A of the state CEQA Guidelines. 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. Conditions: 1. 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 Administrative Variance. 2. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the "Administrative Variance" 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. 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. If any conditions 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. 5. 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 Administrative Variance, (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. This obligation survives until ... ...... AV 06-02 -OCEAN VISTA ESTATES January 11, 2007 Page 3 all legal proceedings have been concluded and continues even if the City's approval is not validated. 6. Approval is granted for AV 06-02 -OCEAN VISTA ESTATES as shown on Exhibits "A" dated January 11, 2007, on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 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$ 550.00. 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 Van Lynch at (760) 602-4613. Sincerely, ~~ DON NEU Assistant Planning Director DN:EE:bd c: Van Lynch, Team Leader David Hauser, Project Engineer Data Entry File Copy