HomeMy WebLinkAboutNCP 2019-0001; FEDER ADDITION AND REMODEL; Admin Decision Letter8Fll£ COPY
v\ec.', \..=cl °'-'--+ L\\5 )1c:i
April 4, 2019
Ccityof
Carlsbad
Alan and Nancy Feder
4747 Edinburgh Dr
Carlsbad CA 92010
SUBJECT: NCP 2019-0001 {DEV2019-0014) FEDER ADDITION AND REMODEL -Request for
approval of a Nonconforming Construction Permit (NCP 2019-0001; Feder Addition and
Remodel) to allow a 390-square-foot one-story addition to an existing single-family
residence, which is currently nonconforming due to an existing 7.97-foot side yard
setback on property at 4747 Edinburgh Drive, in the Planned Community (P-C) Zone and
Local Facilities Management Zone 7.
Dear Alan and Nancy Feder,
The City Planner has completed a review of your application for a Nonconforming Construction Permit
(NCP 2019-0001) for a 390-square-foot one-story addition at 4747 Edinburgh Drive. 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 pe_riod (ending on March 11, 2019). After
careful consideration of the circumstances surrounding this request, the City Planner has determined that
the seven 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/replacement 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 residence consistent with MP 150 Calavera HIiis Master
Plan and the (P-C) Zone with the exception of an existing reduced southerly side yard setback of
7 .97 feet. The side yard requires a minimum of 9.5 feet and the proposed addition complies with
the setback. The lot is bordered by residentially zoned lots to the north, south, east and west. The
proposed addition complies with all applicable codes and 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
existing home would be expanded to allow more square footage and undergo interior and exterior
improvements to enhance the property within the residential zone. Furthermore, the proposed
addition meets all current development standards including building height, lot coverage and
setback requirements.
3. The expansion/replacement 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
Community & Economic Development
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov
NCP 2019-0001 (DEV2019-0014) -FEDER ADDITION AND REMODEL
April 4, 2019
Page2 yqo, ]Jl18
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 addition.
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 home would be expanded to allow more square footage and undergo interior
and exterior improvements to enhance the property within the residential zone. Furthermore, the
proposed addition meets all current development standards including building height, lot coverage
and setback requirements.
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 Structures 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) as no new landscaping or modifications to
existing landscape are proposed.
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 2019-0001 as shown on Exhibits "A" -"C" dated April 2, 2019 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 2019-0001 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 2019-0001 {DEV2019-0014) -FEDER ADDITION AND REMODEL
April 4, 2019
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 7 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 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.
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.
NCP 2019-0001 (DEV2019-0014) -FEDER ADDITION AND REMODEL
April 4, 2019
Pa e4
13. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section
17.04.060.
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 $876.00. 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 Sexton at (760) 602-4631.
Sincerely,
~7L
DON NEU
City Planner
TD:CS:mf
c: Larry Lipkin, 13607 Powers Rd., Poway CA 92064-361S
Jennifer Horodyski, Project Engineer
Teri Delcamp, Principal Planner
HPRM/File Copy
Data Entry