HomeMy WebLinkAboutNCP 15-06; Ramswick Addition; Administrative Permits (ADMIN)October 14, 2015
Samuel Wright
Suite N
2911 State Street
Carlsbad, CA 92008
{'city of
Carlsbad
SUBJECT: NONCONFORMING CONSTRUCTION PERMIT NO. NCP 15-06 -RAMSWICK ADDITION -
Request for approval of a Nonconforming Construction Permit (NCP 15-06) to allow a 697 square foot
single story addition to an existing single-family home with nonconforming setbacks at 2886 Elmwood
Street, in the R-1 Zone and local Facilities Management Zone 1.
Dear Mr. Wright
The City Planner has completed a review of your application for a Nonconforming Construction Permit
NCP 15-06 to allow a single story addition to an existing single-family home that is nonconforming due
to reduced front yard setbacks at 2886 Elmwood 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 October 12, 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 which is consistent with the R-1 zone and is
surrounded by single-family residences. The proposed single story addition complies with all
current Planning, B'uilding 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 single-story addition complies will current side and rear yard setback requirements and all
other development standards such as building height 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.
Community & Economic Development
Planning Division 11635 Faraday Avenue Carlsbad, CA 92008-73141760-602-4600 1760·602-8560 f I www.carlsbadca.gov
NCP 15-06-RAMSWICK ADDITION
October 14, 2015
Page 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 existing living area for the home is currently 906 square feet each and the
addition will add a master bedroom and increase the living area to 1,603 square feet which
creates a more desirable living space and is consistent with the size of surrounding homes.
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 15303-New Construction or Conversion of Small 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 15-06 as shown on Exhibits "A"-"E" dated October 14, 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 15-06 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 aU 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
NCP 15-06-RAMSWICK ADDITION
October 14, 2015
Page 3
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 pub lit 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 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.
Engineering:
1. 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 prospective owners and tenants of the above
requirements.
NCP 15-06-RAMSWICK ADDITION
October 14, 2015
Page 4
2. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10
of the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT} and floor area
contained in the staff report and shown on the site plan are for planning purposes only.
3. 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 (e.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 r.unoff, all to the
satisfaction of the city engineer.
4. 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.
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.