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HomeMy WebLinkAboutAV 15-07; PROSSER ADDITION; Admin Decision LetterMay 12, 2016 William Perry Suite L 2911 State Street Carlsbad, CA 92008 SUBJECT: AV 15-07 /NCP 16-01 -PROSSER ADDITION CCityof Carlsbad The City Planner has completed a review of your application for an Administrative Variiance and Non­ Conforming Construction Permit, AV 15-07/NCP 16-01 at 2658 Highland Drive. After careful consideration of the circumstances surrounding this request, the City Planner has determined that the findings required for granting an Administrative Variance and Non-Conforming Construction Permit can be made and therefore, APPROVES this request based on the following findings and conditions. Findings: AV 15-07 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinaneie deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification in that the lot has an irregular shape that narrows toward the rear and has a grade differential of approximately 10 feet that descends toward the rear of the property. The irregular shaped lot limits the ability to build the two-car garage and addition on the rear of the building because the angled property line would cause a substandard garage width and a portion of the building to be cut off. Consequently, the addition is pushed north causing the garage to be located within the north side yard setback. 2. That the variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located and is subject to any conditions necessary to assure compliance with this finding in that granting the variance will allow an attached two-car garage to be constructed within the north side yard setlback. There are single-family residences within the surrounding neighborhood with attached two-car garages. No special privileges will be granted to the owner by allowing for the construction of a two-car garage. 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property in that a two-car garage is allowed and required for single-family residences. Community & Economic Development Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov AV 15-07 /NCP 16-01 -PROSSER ADDITION May 12, 2016 Page 2 4. That the variance is consistent with the general purpose and intent of the general plan and any applicable specific or master plans in that the R-1 zone implements the R-4 General Plan land use designation, and garages are permitted and required for single-family residences in the R-1 zone. NCP 16-02 5. The expansion/replacement of the structure and/or use would not result in an adverse impact to the health, safety and welfare of surrounding uses, persons or property in that the property is currently developed with a single-family home consistent with the RDM zone and is close to single-family residences of similar size within the surrounding neighborhood. 6. 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 additions to the home comply with the 18 foot rear and 9 foot side yard setback requirements and all other development standards such as building height and lot coverage. However, the ' garage does not meet the 9 foot side yard setback requirement along the north property line, which requires approval of an Administrative Variance to allow a six-foot side yard setback. The justification for issuing an Administrative Variance for a reduced side yard setback is contained within findings numbers one {1) through four (4) of this approval letter. 7. The expansion/replacement structure shall comply with all current fire protection and building codes and regulations contained in Titles 17 and 18 in that that a building permit issued by the City of Carlsbad is required for the project and the building plans will be reviewed for consistency with applicable fire protection and building codes. Furthermore, the project will undergo standard building inspection procedures during the construction of the additions. 8. The expansion/replacement 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 proposed addition will complement the existing architecture and will provide two off-street parking spaces in an enclosed garage. Additionally, the addition is comparable in size and height to other existing structures in the vicinity of the surrounding neighborhood. 9. 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 (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. 10. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 11. 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 ts in rough proportionality to the impact caused by the project. AV 15-07 /NCP 16-01-PROSSER ADDITION May 12, 2016 Page 3 Conditions: 1. Approval is granted for AV 15-07/NCP 16-01 as shown on Exhibits "A" -"D" dated May 11, 2016 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 Administrative Variance/Nonconforming Construction Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the AV 15-07/NCP 16-01 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 Administrative Variance/Nonconforming Construction 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. 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. 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from Carlsbad School District that this project has satisfied its obligation to provide school facilities. 8. 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 residential housing 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. AV 15-07/NCP 16-01-PROSSER ADDITION May 12, 2016 Page 4 9. 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 interest that the City of Carlsbad has issued an Administrative Variance/Nonconforming Construction 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. 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. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. Engineering: 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. General 12. 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. 13. 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. Fees/ Agreements 14. Developer shall cause property owner to execute and submit to the city engineer for recordation the city's standard form Drainage Hold Harmless Agreement. 15. Developer shall cause property owner to execute and submit to the city engineer for recordation, the city's standard form Geologic Failure Hold Harmless Agreement. Storm Water Quality 16. 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 AV 15-07/NCP 16-01-PROSSER ADDITION May 12, 2016 Page 5 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. 17. 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. 18. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form. Developer is responsible to ensure that all final design plans, grading plans, and building plans incorporate applicable best management practices (BMPs). These BMPs include site design, source control and Low Impact Design (LID) measures including, but not limited to, minimizing the use of impervious area (paving), routing run-off from impervious area to pervious/landscape areas, preventing illicit discharges into the storm drain and adding storm drain stenciling or signage all to the satisfaction of the city engineer. Code Reminder 19. 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. 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 $673.00. 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 Austin Silva at (760) 602-4631. Sincerely, Jw/fr(----- vAN LYNCH Principal Planner VL:AS:fn c: Bob Prosser, 2658 Highland Drive, Carlsbad, CA 92008 Don Neu, City Planner Kyrenne Chua, Project Engineer Data Entry File Copy HPRM