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HomeMy WebLinkAboutNCP 14-02; Bassam Residence; Administrative Permits (ADMIN)" 4~~ CITY OF ~~CARLSBAD Community & Economic Development www.carlsbadca.gov June 12, 2014 Derek Berg Suite C 2151 Enterprise Street Escondido, CA 92029 SUBJECT: NONCONFORMING CONSTRUCTION PERMIT NO. NCP-14-02-BASSAM RESIDENCE- Request for approval of a Nonconforming Construction Permit (NCP 14-02) to allow for the addition of 585 square feet of living space, a 455 square foot rooftop deck and a covered parking space at 3341 Garfield Street, in the R-3 Zone (Beach Area Overlay Zone) and Local Facilities Management Zone 1. 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 is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301 (Existing Facilities) of state CEQA guidelines. Dear Mr. Berg, The City Planner has completed a review of your application for a Nonconforming Construction Permit NCP 14-02 for additions to an existing single-family residence with nonconforming setbacks and parking at 3341 Garfield Street. 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 June 9, 2014). After careful consideration of the circumstances surrounding this request, the City Planner has determined that the four findings required for granting a Nonconforming Construction Permit can be made and therefore, APPROVES this request based on the following findings and conditions. Findings: 1. The expansion of the residential structure would not result in an adverse impact to the health, safety and welfare of surrounding uses, persons or property in that the property is already developed with a single-family home consistent with the R-3 zone and is surrounded by single- family and multi-family residences. In addition, the proposed project improvements comply with all current Planning, Building and Engineering standards. 2. 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 new additions comply with current rear and side yard setback requirements and all other development standards such as building height, lot coverage ~nd parking. ® NCP 14-02-BASSAM RESIDENCE June 12, 2014 Page 2 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. 4. 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 and one visitor parking space as required in .the R-3 zone and Beach Area Overlay Zone. The rooftop deck area will be consistent with other similar .types of decks in the neighborhood. 5. 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/Minor alterations of existing private structures) 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. 6. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape Ordinance (Carlsbad Municipal Code Chapter 18.50). 7. 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 is in rough proportionality to the impact caused by the project. Conditions: 1. Approval is granted for NCP 14-02 as shown on Exhibits "A"-"E" dated June 12, 2014 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 Nonconforming Construction Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the NCCP 14-02 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. NCP 14-02-BASSAM RESIDENCE June 12, 2014 Page 3 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 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 ;md 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 hou$ing 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 witli all requirements of law. 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 a Nonconforming Construction Permit on the real property owned by the owner/applicant. Said Notice of Restriction shall note the property description, location ofthe 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. NCP 14-02-BASSAM RESIDENCE June 12, 2014 Page 4 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. 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. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement best management practices at all times. Best management practices include bufare 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 procedures, and other management practices or devices to prevent or reduce ·the discharge of pollutants to storm water, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall notify prospective owners and tenants of the above requirements. 14. Developer is responsible to ensure that all final design plans (landscape plans, building plans, etc.) incorporate all source control, site design, and Low Impact Design (LID) facilities. 15. Developer shall incorporate measures with this project to comply with Standard Stormwater Requirements per the city's Standard Urban Stormwater Management Plan (SUSMP). These measures include, but are not limited to: 1) reducing the use of new impervious surfaces (~.g. paving), 2) designing drainage from impervious surfaces to discharge over pervious areas (e.g. turf, landscape areas), 3) and designing trash enclosures to avoid contact with storm runoff; all to the satisfaction of the City Engineer. · Code Reminders: 16. 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.