HomeMy WebLinkAboutAV 13-06; Sachs Patio Cover; Admin Decision Letter(~CARLSBAD
Community & Economic Development www.carlsbadca.gov
September 19, 2013
Jason Brandt
JJ Remodeling
7040 Avenida Encinas #104
Carlsbad, CA 92011
SUBJECT: AV 13-06-SACHS PATIO COVER
The City Planner has completed a review of your application for an Administrative Variance, AV 13-06 at
7548 Viejo Castilla Way. Carlsbad Municipal Code Section 21.46.120 permits unenclosed patios to
project to the side or rear property lines immediately adjacent to permanent open space areas subject
to the approval of the City Planner. After careful consideration of the circumstances surrounding this
request, the City Planner has determined that the findings required for granting an Administrative
Variance to allow a patio to be constructed with a one foot side yard setback can be made and
therefore, APPROVES this request based on the following findings and conditions.
Findings:
1. 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 the property is zoned
One-Family Residential (R-1) which allows single-family residences. An existing single-family
residence is located on the property and the proposed patio cover is permitted by the R-1
zone.
2. 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 property has a General Plan Land Use
designation of Residential Low-Medium density (RLM) which is consistent with the existing
single-family residence and the proposed, attached, patio cover.
3. The city planner finds that approval of the variance will not cause any adverse physical or visual
impacts on adjacent properties in that the patio cover is proposed to be attached to an existing
single-family home and located adjacent to a downhill slope and golf course. The downhill
slope provides a buffer from the proposed patio cover and the golf course. No structures exist
on the golf course in the vicinity of the proposed patio cover. Furthermore, the surrounding
property owners were sent a notice of the project and no objections were received by the city.
Additionally, a letter of support for the project as proposed was received by the adjacent
property owners to the east of the project site.
4. 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
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AV 13-06-SACHS PATIO COVER
September 19, 2013
Page 2
environmental documents pursuant to Sections 15303(e) new construction of a small accessory
structure and 15305 (a) setback variances not resulting in the creation of any new parcel 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.
Conditions:
1. Approval is granted for AV 13-06 as shown on Exhibits "A"-"E", dated September 19, 2013, on
file in the Planning Division and incorporated herein by reference. Development shall occur
substantially as shown unless otherwise noted in these conditions.
2. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
3. 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.
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 $651.00 plus noticing fees. 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 Chris Garcia at 760-602-4622.
Sincerely,
CHRIS DeCERBO
Principal Planner
CD:CG:fn
c: Sheri & Bruce Sachs, 7548 Viejo Castilla Way, Carlsbad, CA 92011
Don Neu, City Planner
Chris DeCerbo, Principal Planner
Jason Geldert, Project Engineer
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