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HomeMy WebLinkAboutV 11-04; Santarcangelo Addition; Variance (V)The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: September 7, 2011 Application complete date: July 20, 2011 Project Planner: Dan Halverson Project Engineer: Tecla Levy SUBJECT: V 11-04 - SANTARCANGELO ADDITION - A request for approval of a Variance from the Parking Ordinance (CMC Chapter 21.44) to allow the applicant to add 600 square feet of floor area to one unit of an attached duplex that does not have the required two-car garage on a lot located at 843 Camellia Place, and within Local Facilities Management Zone 1. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6801 APPROVING Variance V 11-04 based on the findings and subject to the conditions contained therein. II. INTRODUCTION The proposed project consists of a Variance from the Parking Ordinance (CMC Chapter 21.44) to allow the applicant to construct an addition to one unit of an attached duplex which is non- conforming because it only has a one car garage on property located at 843 Camellia Place. The staff recommendation for approval with conditions is supported by the following analysis. III. PROJECT DESCRIPTION AND BACKGROUND The applicant/owner, Michael Santarcangelo, owns one unit of an attached duplex which is non- conforming because it only has a one car garage. The lot is 9,583 square feet (.22 acres) in size and located off of a cul-de-sac on the south side of Camellia Place in the Barrio Area of the City. The lot is relatively flat and is surrounded with similar duplexes with one car attached garages. The property is zoned Two-Family Residential (R-2) with a General Plan Land Use Designation of Medium Density Residential (RM) which allows a density of 4-8 dwelling units per acre. The project's existing density is 9 du/ac. This subdivision, Magnolia Village, was built in the mid 1960's. The existing one-unit of the duplex is a 799 square foot single-story unit with an attached one car garage and the owner is proposing to construct an additional 600 (two additional bedrooms and a bathroom) square feet to the rear of the unit. Pursuant to Section 21.44.020 of the Carlsbad Municipal Code (the City's Parking Ordinance) a duplex (two-family dwelling) is required to have a two car garage (20' x 20') or two separate one car garages (12' x 20') which must be located outside of the front yard setback. Furthermore, Section 21.44.010 of the C.M.C. specifies that additions to existing residential buildings must comply with the parking requirements of the City's Parking Ordinance (in this case a two-car o V 11-04 - SANTARCANGELO ADDITION September?, 2011 Page 2 garage) with the exception of a 300 square foot addition to an existing one-family dwelling which is allowed. ' Because the residence was built in the mid 1960's and only has a one car garage per unit the unit is legally non-conforming. Pursuant to the City's existing Non-Conforming Ordinance (Section 21.48.080 of the C.M.C.) additions to a non-conforming building are permitted subject to the approval of a CUP by the Planning Commission and provided that the addition does not exceed 25% of the total replacement value of the use and the addition is specifically designed to be easily removed. Because of the restrictive code provisions, few, if any CUPs have been processed to increase the floor area of a non-conforming building. With regard to this, in 2008 the City Council directed staff to amend the City's very restrictive Non-Conforming Ordinance (Chapter 21.48 of the CMC) with the specific objective of allowing existing over-density (nonconforming) residential uses and nonconforming structures in 'the Barrio Area to be repaired, altered, replaced or expanded. Consistent with this direction, an amended Non-Conforming Ordinance (ZCA 09-01) was approved by the Planning Commission and City Council in 2009 and subsequently submitted to the California Coastal Commission for approval. This application has yet to be approved by the California Coastal Commission. Nevertheless, the existing 45 year old duplex, which has a density (9 du/acre) that exceeds the Growth Management Control Point density (6 du/acre) and the high end of the RM density range (4-8 du/acre), clearly qualifies as an over density residential project within the Barrio Area that the amended Non-Conforming Ordinance would enable to be rehabilitated and expanded. Specifically, the amended ordinance would allow a non-conforming residential building to add floor area provided that two off-street parking spaces (covered or uncovered) are provided on- site in a permitted location (outside of the setbacks). In that the existing dwelling unit and 1 car garage are setback 29' and 42' respectively from the front property line, there is adequate area in front of the existing one-car garage to accommodate a parked car. Therefore, upon final approval of the amended Non-Conforming Ordinance by the California Coastal Commission, this project would no longer require a variance to increase the floor area. However, given the uncertainty of when the California Coastal Commission will approve the amended Non- Conforming Ordinance, the project applicant is pursuing a variance. Although there is adequate area in front of the existing one-car garage to construct a tandem 12' x 20' garage, this tandem garage parking configuration would also require a variance. Otherwise, there is not adequate room on the remainder of the property to construct an additional non-tandem 12' x 20' one- car garage outside of the required setbacks because of the shape of the lot, which is located on a cul-de sac, coupled with the original plotting of the unit on the lot outside of the required yards. Accordingly, the applicant is requesting approval of a variance to add 600 square feet on to a duplex unit which does not have a 2-car garage. IV. ANALYSIS The proposed project is subject to the following plans, ordinances and standards as analyzed within the following section of this staff report: V 11-04 - SANTARCANGELO ADDITION September?, 2011 Page 3 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. 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. The subject .22 acre property is currently developed with a single story attached duplex (799 square feet per unit) with two attached one car garages. Due to the shape of the lot, which is located on a cul-de-sac, and the siting of the units outside of the required yards, there is inadequate area to construct another one car garage on the lot without significantly altering the units' floor plan. There are other units within the Magnolia Village subdivision that were originally built with one car garages that have adequate room on their lot and outside of the required yards to construct an additional one car garage, thereby allowing them to add on to their unit without a variance. 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. Some of the 20 other units within the Magnolia Village subdivision which do not have the same lot configuration and placement have adequate area to add a garage without a Variance, therefore, this Variance would not be granting a special privilege. The unusual lot shape located on a cul-de-sac and the siting of the unit outside of the required setbacks leaves the applicant without any viable option to construct an additional one car garage on the lot. 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 reduce the required off-street parking from two spaces to one space to allow the applicant to construct an addition does not authorize a use which is not otherwise expressly permitted by the zoning regulations in that an attached duplex is allowed by right within the R-2 zone. Therefore, a deviation from the Parking Standard does not authorize a use or activity which is not authorized by the zone. 4. That the variance is consistent with the general purpose and intent of the general plan and any applicable specific or master plans. V 11-04 - SANTARCANGELO ADDITION September?, 2011 Page 4 The General Plan Land Use Designation for the property is Residential Medium-Density (RM). The RM designation provides medium density (4-8 du/ac) residential areas intended to be developed with one-family dwellings, two-family dwellings, and multi-family dwellings. The granting of the variance to the parking standard from the required two covered parking spaces to one space to allow the applicant to construct an addition 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 Section 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. 6801 2. Location Map 3. Disclosure Statement 4. Reduced Exhibits 5. Exhibits "A" - "E" dated September 7,2011 NOT TO SCALE SITEMAP Santarcangelo Addition V 11-04 DISCLOSURE Development Services STATEMENT Planning Division CITY OF p «I/A\ 1635 Faraday Avenue I CDAF) * ' (760)6024610 I—«-pD/»L-' 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: . . .... '.. .; :.;^.;;,. ;:-.; :.-•..•-• „.. •••... Person is defined as "Any individual, firm, co-partnership; joint venture^ association; social club; fraternal: 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 publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person 6«°^ lv>v-^e, _ Corp/Part Title Co^Wc^A-or- _ Title Address <£SbO (\«»N\^«-os,V- U^« , 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 BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person M fc. ua&i. ^A^rQ/lcAfi/b&u* Corp/Part_ Title Qt^/v^/^ Title Addresso4 J (L/hw&j-trf r-^L 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, Title Non Profit/Trust, 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 yes, 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 ray knowledge er/date'ature of applicant/date /T 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 Page 2 of 2 Revised 07/10 RECEIVED JUL 11 2K1 C!T¥ OF CARLSBAD PLANNfHG OEPT g Roofing details Miscellaneous Details 1. Rooting sttat to 3 Jafr «wposffB tfarty yew type shingle lay*} ovett^l^pepwananea 1. Any Use ol ftottte metal conduit aa a grounding means sttat Ol th» buASng roqutrve approval by tha building afOOat. . . .4. Eave vents st&i bo Instated and cmerd vafo comsion resistant metal rrmsttrrotal mesh *#> MS' minimum and 1/4" martnum cperinps per Section R806.1.5. hsufefton sflal to heW at teas) on» Mi from roc* by flop carton (jperf ayrcpftoam tets. £ Pteass no» Jftrf tfwffl te one «ds«v a**0 aK*^ »*)W' *» ""^ ""^ 3°" '(ocated Jn Ih» Hafttay and tf»» sftrf i» wwftar Insisted *i tte Maslw Obssf for tf» OHSg tf» Fumaw boft Brishrt ot*ntng an and staff fie arty 30'. pw Sedfonfl07.- Area wtthin rectangle represents new addition 625 sq feet of Garage Specifications Exhaus unit fan/lighting e vented through roof and raft d for moist conditions w three ooal stum ovw toll and trim lop coated ttrtft aoyffc to Oe in existing. CD .m 1. T7w garage shaS be separated Awn tfi» nstot the house by no loss than 1/2'gypevm board at thegatage sido ot watts, tfierv an no hatJtable spaces alxite gara& ; Sactlon R30S.B2. Door to garage sba* be soil dosing 13/3'sold Window Details tM windows are to be double part insulated vinyl wremovable sashes.2. AS wfcfo vs shaX be Instated sealed ana insulatacf epptcable codes. Omensions at windows varyandaracalsdouton/loofplan. 3.6te'lOm art at ^elfmUcttwwwhdoH height Is under 2-1 0" Windows Shan £» SStSng type ana at all other locations wfrwbws sfta* be double hung.4. Gl32^^balfircx)rnvrinaowantf aS doors shaS bo Sfotytyp > Santarcangelo Addition A1 ^Architectural, Roof, Elevations E1=Electrical Pl=Mechanical, Emiommental, and Plumbing S1-S4 Structural Details prepared by Structura Engineer. This Project Shall Comply with the 2010 California Residential Code, Which adopts the 2009 IRC, 2009 UMC'2009U-PC and the 22008 NEC. SecSonRtOS.2. GFI ouOet to serve rear yard Existing Proposed D Garage oo new work ri i i — ~UD Flood 'fighting sensor operated Fire Protection Mvtofiffy of bedroom. Kf trfft teflwywc* apt- nnaawstesaf otter atoms in reskfenca * AH Smoka Detectors shut also bo Cartxn UbrKutftfe Alarms dual pwposounis. Electrical oxKplfi^thCECM. 210.52fA) 7, Alt receptacles In (falling shall tie tamper rosistant as dBso*erf in sooton 210.52. & Wtathar Resistant ntcaptadas sl&B ba Instated at as exterior kxtfons. S10.& Kitchens, rt. 310. t1(c!3AZO Amp timjit sfiaKfta dedicated to ttetfi lightfa m fa approprittv&othmcx^tiem end fltt =S - Tartper resistant ratefXades, \ ~7 " - Switch location - JWWtpte swrtc/i fooftbn-1 Smoks detector/Carbon Monoxide location -O- wi^ ^ <^ x>•-• v «, tocatSsns of al fans both proposed Binaexiii^Svou^x^tesaenM.exls^anicxX^hLlt^fO(m^/\ ^ l&cnen, proposed are tocotod In bedrooms I and 2. All lana shall iMadequattysuported to code. waatherprotactod Cufavits. Sontafcangola adcUon Cartsbad CaSforma 32003 SantarcangeloAddition ' Eclipse Constructionof San Diego ^ An&vsta Lane Apt 91035 \CartstiairCA9201 I Plans prepanxt by Glen Danteowner an] salt pioptietor ot i&Sjose ConstnteOon of San d/ego Mechanical •» permanent electrical reoepfcsl tooftea a tfw entrance to the furnace In 4. AS Furnace end voting Is to 0* Instated by * fc»ns«f WA£ ' 6 B*(*Opss*»fc3«"antfpnwwift'ft«feDnsfewiwmw ranee, one 29 ffffl^3aOWM/flW water sarvfcB.OnsttoSf h«ftiffurtrano one fla*ecue0as(*af rear rfrasWsncBL ttoa for new FunwcasftBSbeteHDed into artsttiffftiaOTrfgas t&) si war of rasldonco nmO wsrf and extended to 0W new /aar rf / he restfetxa Soft tfnooBfttf«a(fc space. j^dal^ . Plumbing taX tx pressure txVfl4.5 413.0. ) f. AJlfliofj sftatf conteih one water dosei and tun (avntorias as described in Engrgy conservation. AX supply tines 10 new fixtures &faB be t&' copper tied Into xistins 3/4' copper Ones. H.MI tvBEfe Ones from now m&sttt bathroom shell be tieddlioaly Into main waste jSns al the font of the resident*. 8deemed nacctsary at the Sm at escsvattw tfw was» AM batw«an (ft« /«rt irf tfis property and tha froperty Una sfts* be roptec&lpw change order. Energy conservation 1. In the fcfcfen at least 3/4 al She fixturas eftaS be ftfeft efficiency variety. 2. fri the bathroom, garsga, efidiaun&y area off IbihXBS sfta* 6s high ettk&ncy. 3-toB*otfwfqomseny!f>sia^rj^jmBb^beh^ef^^ 4.CMdoorfight^lloht^shaSbeaxTtm^^aco^ S. New tunsce shall be fonssorig AirBOK^Sdency 75.000 BTU Uodel #G2DeoCR-V. <VcJ - Hoof dr a( new s/n«rloca(w- -Existing tub to remain as Is in meto bathroom ^ ^^ © Scate / Saniarcange/o Addition Eclipse ---- Construction of San Diego d fij- Gbn Haw*?Owner/ Sofe proprietor ofEc&pse Construction ot i SanttBooCsSfomla