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HomeMy WebLinkAboutNCP 15-05; 2368 Spruce Street; Administrative Permits (ADMIN)September 25, 2015 Kevin & Jessica Schramm 2368 Spruce Street Carlsbad, CA 92008 {'city of Carlsbad SUBJECT: NCP lS-OS -2368 SPRUCE STREET RENOVATION -Request for approval of a Nonconforming Construction Permit (NCP 15-05) to allow the modification of the roof of an existing single family home that is currently nonconforming due to the number of stories on property located at 2368 Spruce Street, in the R-1 Zone and local Facilities Management Zone 1. Dear Mr. & Mrs. Schramm, The City Planner has completed a review of your application for a Nonconforming Construction Permit NCP 13-01 to allow the modification of the roof of an existing single family home that is currently nonconforming due to the number of stories at 2368 Spruce 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 September 24, 2015). 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 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 existing property is currently developed with a single-family home consistent with the R-1 zone and is surrounded by single-family residences. The proposed modification to the third story roof does not add floor area, does not create any additional Jot coverage and is located beyond the required setbacks for the R-1 zone. Furthermore, a letter was received from an adjacent property owner in support of the project. 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 roof modification complies with all development standards such as building height, setbacks and Jot coverage. 3. The expansion structure shall comply with all current 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 this project and the building plans will be reviewed for consistency with applicable fire protection and building codes prior to issuance. Furthermore, the project will undergo standard building inspection procedures during the construction of the project. Commu~i~~ & Economidc DAevelopcmlebn~ CA 92008-73141760-602-4600 I760-602-S560f lwww.carlsbadca.gov Planning Drvrsron [1635 Fara ay venue ar s a , NCP 15-05-2368 SPRUCE STREET RENOVATION September 25, 2015 Pa e 2 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 addition of dormers increases the usable area of the master bedroom which creates a more desirable Jiving space on the top level of the home. Surrounding homes feature large top floors with some homes containing dormers and therefore the project is consistent with the neighborhood character. Furthermore, the proposed roof modification does not add Jot coverage and the dormers will be located slightly below the existing roof ridgeline to meet the 30. foot maximum building height limit. 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 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 15-05 as shown on Exhibits "A"-"C" dated September 25, 2015 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 NCP 15-05 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 15-05-2368 SPRUCE STREET RENOVATION September 25, 2015 Pa e 3 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 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 Unified 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 $aid 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 2 years 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 15-05-2368 SPRUCE STREET RENOVATION September 25, 2015 Pa e 4 Code Reminders: 12. 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. 13. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from the date of final approval to protest imposition ·of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $673.00 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, JaM;foL VAN LYNCH Principal Planner VL:CG:bd c: Jeremy Riddle, Project Engineer Don Neu, City Planner File Copy DMS Data Entry