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HomeMy WebLinkAboutSDP 2019-0010; KOLESAR RESIDENCE ADDITION; Admin Decision Letter~ \J \ \. 2,lc '°' 81EtflllCCf PY {'Cityof Carlsbad November 26, 2019 Paul Woodrum 3749 Via del Rancho Oceanside, CA 92056 SUBJECT: Mr. Woodrum, SDP 2019-0010 (DEV2019-0175) -KOLESAR RESIDENCE ADDITION -Request for approval of a Minor Site Development Plan (SDP 2019-0010) to allow for a second-story addition to a two-family air-space condominium at 843 Camellia Place, in the Barrio Center (BC) District of the Village and Barrio Master Plan and Local Facilities Management Zone 1. The City Planner has completed a review of your application for a Minor Site Development Plan (SDP 2019- 0010) to allow for the construction of a 488-square-foot second-story addition and balcony to one unit of a two-family air-space condominium at 843 Camellia Place. The second-story addition will be located above the existing structure and will not create any additional lot coverage. A notice was sent to property owners within a 300' radius of the subject property requesting comments regarding the above request. Comments were received within the ten-day notice period (ending on October 28, 2019) and addressed. However, a request for an Administrative Hearing was not filed. After careful consideration of the circumstances surrounding this request, the City Planner has made a decision pursuant to Section 21.06.070 of the City of Carlsbad Municipal Code to APPROVE the Minor Site Development Plan based on the following findings and subject to the conditions listed below. Findings: 1. That the proposed development or use is consistent with the general plan and any applicable master plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the Carlsbad Municipal Code, and all other applicable provisions of this code.; in that the construction of a second-story addition above an existing two-family home is consistent with the allowed land use in the BC District of the Village and Barrio Master Plan. The project, with an existing Variance for a one-car garage (V 11-04), complies with the development standards of the Village and Barrio Master Plan and complies with all applicable sections of Titles 21 of the Carlsbad Municipal Code. Furthermore, the project complies with the design standards of the Village and Barrio Master Plan including that the proposed second-story addition is set back from the front of the home as seen from the public street and minimizes blank walls by having multiple windows, a balcony, and at least two main exterior material finishes on all elevations. 2. That the requested development or use is properly related to the site, surroundings and environmental settings, will not be detrimental to existing development or uses or to development or uses specifically permitted in the area in which the proposed development or use Community & Economic Development Planning Division J 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov SOP 2019-0010 (DEV2019-0175) -KOLESAR RESIDENCE ADDIJl.Q. N Noyember26,2019 Jf!OI JJflh~J ~~2 U is to be located, and will not adversely impact the site, surroundings or traffic circulation; in that the project consists of the construction of a second-story addition to a two-family air-space condominium on a 0.23-acre lot currently developed with two, attached condominium units. The site is bordered by one-story, two-family homes. The proposed second-story addition incorporates vertical siding that complements the stucco finish on the first story. New asphalt roof shingles will be installed on the existing roof to match the new second-story roof. The addition is set back from the front of the existing home and incorporates a balcony which provides visual interest. 3. That the site for the intended development or use is adequate in size and shape to accommodate the use; in that except for an existing variance for a one-car garage (V 11-04) all development and design criteria required by the Village and Barrio Master Plan (including setbacks, lot coverage, building height, and design guidelines) are incorporated into the project. 4. That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested development or use to existing or permitted future development or use in the neighborhood will be provided and maintained; in that all existing perimeter walls and fences will remain or be reconstructed in compliance with the Village and Barrio Master Plan. Although the adjacent properties are currently developed as single-story residential, other properties in the area within the BC District have been developed as two-story residential. Furthermore, the proposed addition has a height of 20 feet, 11 inches, which is less than the 35-foot maximum building height allowed in the BC District. 5. That the street system serving the proposed development or use is adequate to properly handle all traffic generated by the proposed use; in that the home will continue to be served by Camellia Place which is accessed from Harding Street. No increase in the number of dwelling units is proposed. Therefore, the existing streets continue to be adequate to handle the traffic generated by the project. 6. 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 Structure 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. 7. That the request for a Minor Site Development Plan was adequately noticed at least ten (10) calendar days before the date of this decision pursuant to Section 21.54.060 of the Carlsbad Municipal Code. 8. The City Planner has reviewed each of the exactions imposed on the Developer contained in this approval letter, 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. SOP 2019-0010 (DEV2019-0175) -KOLESAR RESIDENCE ADDITION November 26, 2019 Pa e 3 Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to grading permit or building permit, whichever occurs first. 1. Approval is granted for SOP 2019-0010 -KOLESAR RESIDENCE ADDITION as shown on Exhibits "A" -"D" dated November 26, 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 Minor Site Development Plan. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Site Development Plan 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. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5. 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 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. 6. 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 arid issuance of this Minor Site Development Plan, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, 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 either energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the city's approval is not validated. SOP 2019-0010 (DEV2019-0175) -KOLESAR RESIDENCE ADDITION November 26, 2019 Pa e 4 7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 8. 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. 9. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the city that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit; and that water and sewer capacity and facilities will continue to be available until the time of occupancy. 10. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. 11. 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. 12. Prior to the issuance of the building permit, Developer 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 Minor Site Development Plan on the property. 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 Developer or successor in interest. 13. The 42-inch safety railing on the second-story deck shall be an opaque material approved by the Planning Division. Code Reminders: 14. 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. SOP 2019-0010 (DEV2019-0175)-KOLESAR RESIDENCE ADDITION November 26, 2019 Pa e 5 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 Garcia at 760-602-4622. Sincerely, TERI DELCAMP Principal Planner TD:CG:dh c: Brendan Kolesar, 843 Camellia Place, Carlsbad, CA 92008 David Rick, Project Engineer Don Neu, City Planner HPRM/File Copy Data Entry