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HomeMy WebLinkAboutV 11-03; Harding Street; Variance (V)The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: October 5, 2011 Application complete date: July 19, 2011 Project Planner: Greg Fisher Project Engineer: Steve Bobbett SUBJECT: V 11-03 - HARDING STREET - A request for approval of a Variance from the resident parking standard of the Planned Development Ordinance to allow an existing two car tandem garage (12' x 40' dimension) rather than the required two car parallel space garage (minimum 20' x 20' dimension) to satisfy the resident parking requirement for a one family dwelling within a proposed four unit small lot single family residential planned development project on a .41 acre R-3 zoned lot located at 3430-A Harding Street in Local Facilities Management Zone 1. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6810 APPROVING Variance V 11-03 based upon the findings and subject to the conditions contained therein. II.INTRODUCTION The proposed variance from the parking standards of the Planned Development Ordinance (CMC Chapter 21.45) is to allow an existing two car tandem garage (12' x 40' dimensions), rather than a standard two car parallel space garage (minimum 20' x 20' dimensions) to satisfy the resident parking requirement for a one-family dwelling within a proposed four unit small lot single family residential planned development project in the R-3 Zone. The property is generally located on the east side of Harding Street between Chestnut Avenue and Palm Avenue, in Local Facilities Management Zone 1. As discussed below, staff can make the findings required for the granting of a variance and, therefore, is recommending approval of the request. III. PROJECT DESCRIPTION AND BACKGROUND The property consists of four detached, one story residential units (one unit is owner occupied and three are rental units) located on a 0.41 acre site generally located on the east side of Harding Street between Chestnut Avenue and Palm Avenue. The lot is relatively flat and is surrounded by multi-family residential uses to the north, east and south, and a City park to the west. The units were built in the 1950's. The property is zoned Multi-family Residential (R-3) with a General Plan Land Use Designation of Residential Medium High (RMH) which allows for a density of 8 - 15 dwelling units per acre. The project's existing density is 9.77 du/ac. The property is very unique in that it is a single lot developed with 4 one-family detached rental units that include one or two-car garages. There are few similar properties within the City that o V 11-03 - HARDING STREET October 5, 2011 PAGE 2 are developed with multiple one-family detached rental units. The vast majority of the existing rental units are either two-family or multiple-family attached dwellings that include one covered parking space per unit. Accordingly, the applicant is also processing an administrative Planned Development permit (PUD 11-06) and Minor Subdivision (MS 11-01) to subdivide the 0.41 acre lot into a proposed four unit small lot (ranging from 4,102 - 4,809 square feet in area) single family project. The Planned Development permit is being processed administratively pursuant to the standards of the Planned Development Ordinance, CMC Chapter 21.45. These administrative permits will be acted upon by the Planning Director and the City Engineer respectively, subsequent to the Planning Commission's action on the Variance request. The proposed Planned Development permit project also includes adding 550 square feet of living area and a two car garage (20' x 20') to proposed Parcel No.l, a new one car garage (12' x 20') to proposed Parcel No. 2, and to build a new 2,221 square foot residence with two car garage (20' x 20') on proposed Parcel No. 3. Pursuant to Section 21.45.070 D.I3 of the Carlsbad Municipal Code (the City's Planned Development Ordinance) each one-family dwelling is required to have two parking spaces provided as either a two car garage (minimum 20' x 20' dimensions) or two separate one-car garages (minimum 12' x 20' dimensions each). As proposed, the project will comply with the total number of required covered parking spaces (4 du' x 2 spaces = 8) however, the two car tandem garage located on proposed Parcel No. 4 will not comply with the dimension requirements for a two car garage for a one-family dwelling unit. Currently, the house located on proposed Parcel No. 4 has an existing two car tandem garage, 12' x 40' in size, that does not comply with the dimension requirements for a one-family dwelling unit, and subsequent to the subdivision of the existing .41 acre lot per PUD 11-06/MS 11-01, there will be no room on proposed Parcel No. 4 to construct an additional one car garage to comply with the resident parking standard without significantly altering the units' floor plan and front yard landscaping. Accordingly, the applicant is requesting approval of a variance to allow the existing two car tandem garage for proposed Parcel No. 4 to satisfy the resident parking standard. IV. ANALYSIS Variance Regulations The proposed project is subject to the following plans, ordinances and standards as analyzed within the following section of this staff report: A. Variance, Chapter 21.50 of the Municipal Code The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable regulations and policies. The project's compliance with the above regulations is discussed in detail in the section below. V 11 -03 - HARDING STREET Octobers, 2011 PAGE 3 A. Variance, Chapter 21.50 of the Municipal Code Pursuant to Chapter 21.50 of the Carlsbad Municipal Code, Variances may only be granted if four findings can be made. Each of the findings and the supporting analysis is described below. 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. As previously discussed, the subject property is unique because, unlike most other R-3 zoned properties within the vicinity, that are developed more traditionally with attached rental units, this property is developed with four one-family detached rental units. Without the approval of a variance to allow the existing tandem parking garage to satisfy the required parking for one of the one-family residences, the applicant could not subdivide this site and improve the property without significantly altering the units' floor plan and front yard landscaping by constructing a side loaded one-car garage along the front elevation of the dwelling unit. There is otherwise inadequate area to construct an additional one car garage space to comply with the minimum dimensions required by the Planned Development (PD) ordinance. The project meets all of the required development standards of the R-3 zone and except for the interior garage dimension requirement will comply with all of the development standards within the PD ordinance. 2. That the variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located and is subject to any conditions necessary to assure compliance with this finding. The existing rental project which includes four detached one-family residential units meets the minimum standards within the R-3 zone. However, without the approval of the variance, the property cannot be subdivided into four small lot one-family residences without significant alterations to the existing structure on proposed Parcel No. 4. Most similar sized properties in the same vicinity and zone are built with attached rental units that could not be subdivided or converted to condominiums because they would not comply with many of the development standards of the Planned Development Ordinance. Therefore, this Variance would not be granting a special privilege inconsistent with the limitations upon other properties in the vicinity and zone. 3. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property. The granting of a variance to allow tandem parking to meet the resident parking requirement for a one-family dwelling so that the applicant can subdivide the lot does not authorize a use which is not otherwise expressly permitted by the zoning regulations in that, pursuant to V 11 -03 - HARDING STREET Octobers, 2011 PAGE 4 Chapter 21.45 of the Carlsbad Municipal Code small lot one-family dwellings are permitted in the R-3 zone upon approval of a PD permit. Therefore, a variance from the Planned Development standard does not authorize a use or activity which is not permitted by the zone. Furthermore, the two-car tandem garage currently exists, and two-car tandem garages are otherwise permitted pursuant to Table E, Subject 7 of Chapter 21.45 for 25% of the units in a condominium project that is located on property that is designated RH by the General Plan. The tandem garage is setback more than an adequate distance from the proposed private driveway so as to not limit visibility or harm the health, safety, and general welfare of passing pedestrians and motorists. 4. That the variance is consistent with the general purpose and intent of the general plan and any applicable specific or master plans. The General Plan Land Use Designation for the property is Residential Medium-High Density (RMH). The RMH designation provides medium density (8-15 du/ac) residential areas intended to be developed with one-family dwellings, two-family dwellings, and multi- family dwellings. The proposed four unit small lot residential subdivision is consistent with the Residential Medium High Density (RMH) Land Use designation. The granting of the variance to the PD ordinance to allow a two car tandem garage to satisfy the resident parking requirement for a one-family dwelling and therefore allow the applicant to subdivide the property into four separate parcels will not change the density of the project. Therefore the project remains consistent with the General Plan. V. ENVIRONMENTAL REVIEW The Planning Director 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; therefore, the project is categorically exempt from the requirement for the preparation of an environmental document pursuant to Sections 15303 - New Construction or Conversion of Small Structures and 15305 - Minor Alterations in Land use Limitations, of the state California Environmental Quality Act (CEQA) Guidelines. In making this determination, the Planning Director has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. ATTACHMENTS; 1. Planning Commission Resolution No. 6810 2. Location Map 3. Disclosure Statement 4. Reduced Exhibits 5. Exhibits "A" dated October 5,2011 TO SCALE SITEMAP Harding Street V11-03 DISCLOSURE Development Services STATEMENT Planning Division CITY OF p <|/A\ 1635 Faraday Avenue CARLSBAD www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: - ...... ...... ;;: -;, ,•,:„•.;.•; :;'C, ••..'.:.,'.: .,; -.-.'...•••. Person is defined as "Any individual, firm, co-partnership; joint venture^ association^ social organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit" Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1 . APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person \>sL?\ ^kCJW^O Corp/Part _ _ Title CADfJgfe. _ Title~ Address 3130 A *l(jQ g Address 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOyy. If a publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person rfr^i-. TArCM°rp Corp/Part. _ Title D^v^JL,r _ Title _ Address ^ 30 A p\^\)lM^ 5T Address P-1(A) Page 1 of 2 Revised 07/10 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust. list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Title Title Address Address 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? Yes No If ves- please indicate person(s):_ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signature of'owner/date Signature of applicant/date Y Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07/10 HARDING STREET CITY OF CARLSBAD, CALIFORNIA PARCEL 3 (NEW) « NO- OF NO OF PLANS i BDRWS 4 3 EXISTING SO.FT 874 854 M84 (REMOVE) r-^-;-.-.^[. ADDITION SQ.FT. 1,161 - 2,030 ! ,064 ' EXISTING GARAGE SO FT 240 - c •;/= j" rr> GARAGE SO FT. 400 240 | 240 0 4SG 461 0 3G.FT. 2,675 1,344 2.491 1,544 PARKING SUMMARY RESIDENTIAL GUEST TOTAL REGUIRED REQUIRED 2 10 PROVIDED GARAGE 8 ',;X!LLo««™G Sl : i 12 EXISTING HOUSE , _ 1 PARCEL 1 4,809S.F. 41% COVERAGE PARCEL 4 4,226 S.F. 37% COVERAGE i ~ ..P. 65.; MOUS •:• ;is m>• •• . .••:•:.'- :.; : \ ^M : r fg,).• T • •. roravewAV t ." :;-;=[• .- "'h*C^lE RE;;,-- ! 11 ' :. iENE i NO' M V 11-03 N.T.S LEGE.NQ' BIOSWALE PLANNED UMIT DEVELOPMENT BOUNDR' EXISTING BUILDINGS PROPOSED BUILDINGS HOUSE / BUILDINGS PARCEL NO EXISTING FIRE HYDRANT FINI5H PAP ELEVATION FIMISH FLOOR ELEVATION EXISTING 4" SEWER LATERAL EXISTING WATER LATEF1AL EXISTING 6" VCF SEWER MAIN EXISTING 6" ACP WATER MAIN PROPOSED 6' WOOD FENCE EXISTING 6' WOOD FENCE CSI PAVERS SET WITH s/ti GAP GRASSCRETE PAVERS E G ELECTRIC AND GAS METERS CONCRETE PAVING . fgj HARDING STREET TENTATIVE PARCEL MAP "HARDING STREET" CITY OF CARLSBAD. CALIFORNIA DATE PREPARED 02/02/10 DATE REVISED 06/16/1) DATE REVISED 03/01/1 <