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HomeMy WebLinkAboutNCP 14-03; Smalley Residence; Administrative Permits (ADMIN),;; ~ ~CARLSBAD Community & Economic Development May 15,2014 Warren Scott Suite 200 763 2"' Street Encinitas, CA 92024 www.carlsbadca.gov SUBJECT: NONCONFORMING CONSTRUCTION PERMIT NO. NCP 14-03 -SMALLEY RESIDENCE - Request approval of a Nonconforming Construction Permit (NCP 14-03) to allow for the addition of 161 square feet of living space and a 487 square foot, two-car garage to a single-family home with nonconforming front and street side yard setbacks at 906 Pine Avenue, in the RO-M 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. Scott, The City Planner has completed a review of your application for a Nonconforming Construction Permit NCP 14-03 for additions to an existing single-family residence with nonconforming setbacks at 906 Pine Avenue. 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 May 11, 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 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 currently developed with a single-family home consistent with the ROM zone and is close to single-family residences of similar size to the north and south. 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 and lot coverage. 3. The expansion shall comply with all cur\ent fire protection and building codes and regulations contained in Titles 17 and 18 in 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 · · · . Planning Division ~·'--~~--------------------------------------------:: 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 NCP 14-03-SMALLEY RESIDENCE May 15,2014 Page 2 protection and building codes. Furthermore, the project will undergo standard building inspection procedures during the cc,nstruction of the additions. 4. The expansion 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. Furthermore, the addition is comparable in size and height to other existing structu1·es in the vicinity of the surrounding 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) of the state CEQA Guidelines. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 ofthe 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 14-03 as shown on Exhibits "A"-"C" dated May 15, 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 interes.t 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 NCP 14-03 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 .- NCP 14-03-SMALLEY RESIDENCE May 15,2014 Page 3 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 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. 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 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. NCP 14-03-SMALLEY RESIDENCE May 15, 2014 Page4 Engineering: 12. 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 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 future owners and/ or tenants of the above requirements. 13. Developer is responsible to ensure that all final design plans (building plans, landscape plans, etc.) incorporate all source control, site design, and Low Impact Design (LID) facilities. 14. Developer shall incorporate measures with this project to comply with Standard Stormwater Requirements per the city's Standa1rd Urban Stormwater Management Plan (SUSMP). These measures include, but are not limited to reducing the use of new impervious surfaces (e.g.: paving) and designing drainage from impervious surfaces to discharge over pervious areas (e.g.: turf, landscape areas to the satisfaction of the city engineer. Code Reminders: 15. 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. ''1> "