Loading...
HomeMy WebLinkAbout2008-08-06; Planning Commission; Resolution 63891 PLANNING COMMISSION RESOLUTION NO. 6389 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A VARIANCE TO ALLOW A ZERO FOOT FRONT YARD 4 SETBACK FOR THE BLOCK WALL AND FIREPLACE/CHIMNEY AND A 2.5 FOOT FRONT YARD SETBACK FOR THE PATIO COVER AND OTHER 6 STRUCTURES ON OCEAN STREET, AS MEASURED FROM THE EXISTING PROPERTY LINE. THE VARIANCE WOULD 7 ALSO ALLOW THE EXISTING BLOCK WALL AND FIREPLACE/CHIMNEY TO REMAIN IN THE FUTURE 8 PUBLIC RIGHT-OF-WAY OF OCEAN STREET SUBJECT TO o THE RECORDATION OF AN IRREVOCABLE OFFER OF DEDICATION (IOD) AND THE EXECUTION OF AN 10 ENCROACHMENT AGREEMENT. THE PROJECT IS WITHIN THE CITY'S COASTAL ZONE LOCATED AT 3015 OCEAN 11 STREET WITHIN THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM (LCP) AND LOCAL FACILITIES MANAGEMENT ZONE 1. 13 CASE NAME: PHIPPS RESIDENCE CASE NO: V 06-02 14 WHEREAS, Dave Olds, Santa Fe Design & Construction, "Applicant," has .,- filed a verified application with the City of Carlsbad regarding property owned by Virginia 17 Phipps, "Owner," described as 18 The Southeasterly 58 feet of the following described property: that portion of Town of Carlsbad, in the City of Carlsbad, in the County of San Diego, State of California, according to Map 20 thereof No. 365, filed in the office of the County Recorder of San Diego County on February 2, 1887, and that portion of 21 Ocean Street as shown on said Map, as closed to public use, described as follows: beginning at the intersection of the 22 Southwesterly prolongation of the Northwesterly line of Block 1 of said Town of Carlsbad, with the Southwesterly line of State Highway Division VII, Route 2, Section "B", Sheet 18, 24 approved October 17, 1912, as per map on file in the office of the County Surveyor of San Diego County; thence along said 25 Southwesterly line, South 30° 56'20" East 100.2 feet; thence South 55° 27' West to the ocean mean high tide line; thence 2" Northwesterly along said mean high tide line to an intersection 27 with the Southwesterly prolongation of the Northwesterly line of Block 14 of said Town of Carlsbad; thence Northeasterly 28 along said prolongation to the point of beginning. EXCEPTING therefrom that portion, if any, lying between the Westerly line of State Highway, Division VII, Route 2, Section "B", Sheet 18, approved October 17, 1912 and the Westerly 2 line of Ocean Street as shown on said Map No. 365. ALSO EXCEPTING therefrom that portion thereof described 3 in deed to Millard Haymore et ux, and recorded April 16,1953 in book 4823, page 377 of Official Records, described as follows: the Northeasterly 24 feet of the Southeasterly 2 feet of r the following described property: that portion of Town of Carlsbad, in the City of Carlsbad, County of San Diego, State 6 of California, according to Map thereof No. 365 filed in the office of the County Recorder of San Diego County on 7 February 2, 1887, and that portion of Ocean Street as shown on said Map, as closed to public use, described as follows: beginning at the intersection of the Southwesterly prolongation of the Northwesterly line of Block 14 of said Town of Carlsbad with the Southwesterly line of State Highway Division VII, 10 Route 2, Section "B", Sheet 18, approved October 17, 1912, as per map on file in the office of the County Surveyor of San Diego County; thence along said Southwesterly line, South 30° 56'20" East 100.2 feet; thence South 55° 27' West to the ocean mean high tide line; thence Northwesterly along said 13 mean high tide line to an intersection with the Southwesterly prolongation of the Northwesterly line of Block 14 of said 14 Town of Carlsbad; thence Northeasterly along said prolongation to the point of beginning. I f EXCEPTING therefrom that portion, if any, lying between the Westerly line of State Highway, Division VII, Route 2, Section 17 "B", Sheet 18, approved October 17, 1912 and the Westerly line of Ocean Street as shown on said Map No. 365. 18 ("the Property"); and 20 WHEREAS, said application constitutes a request to allow a zero foot front yard setback 21 for the block wall and fireplace/chimney and a 2.5 foot front yard setback for the patio cover and 22 other structures on Ocean Street, as measured from the existing property line. The variance 23 would also allow the existing block wall and fireplace/chimney to remain in the future public 24 right-of-way of Ocean Street subject to the recordation of an Irrevocable Offer of Dedication 25 (IOD) and the execution of an Encroachment Agreement; and26 WHEREAS, said verified application constitutes a request for a Variance as 28 shown on Exhibits "A" - "C", dated August 6, 2008, on file in the Carlsbad Planning PC RESO NO. 6389 -2- 1 Department, PHIPPS RESIDENCE - V 06-02, provided by Chapter 21.50 of the Carlsbad 2 Municipal Code; and 3 WHEREAS, the Planning Commission did on April 16, 2008, May 7, 2008, July4 , 16, 2008 and August 6, 2008, hold a duly noticed public hearing as prescribed by law to 5 consider said request; and 7 WHEREAS, at said public hearing, upon hearing and considering all testimony 8 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 9 relating to the Variance. 10 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 11 Commission of the City of Carlsbad as follows: 13 A) That the above recitations are true and correct. 14 B) That based on the evidence presented at the public hearing, the Planning Commission APPROVES PHIPPS RESIDENCE - V 06-02 based on the 15 following findings and subject to the following conditions: Findings; 17 1. That because of special circumstances applicable to the subject property, including size, 18 shape, topography, location or surroundings, the strict application of the zoning ordinance would deprive such property of privileges enjoyed by other property in the vicinity and under identical zoning classification, in that special circumstances do apply to the subject 2Q property in that constraints on the lot include an undevelopable coastal bluff, a coastal stringline setback, sloping topography and availability of only 21 approximately 45 feet of developable flat pad, west of the 20 foot front yard setback. The wall and fireplace/chimney were constructed on the zero lot line similar to what 22 other property owners enjoy on adjacent lots. Due to the City's road widening „ policy, which requires a 2.5 foot IOD from property owners at the south end of Ocean Street, the structures would be in the future public right-of-way. However, 24 the acceptance of the IOD and enforcement of the Encroachment Agreement, as conditioned, enables the City to require removal or relocation of encroaching 25 structures at such time the City determines to widen Ocean Street. 26 On February 5, 1980 the City Council adopted the recommendations of the engineering staff to have 50 feet as the minimum ultimate public right-of-way on Ocean Street. Currently the width at the south end of Ocean Street is 45 feet and 40 2g feet at the north end. In order for the City to obtain the additional 5 feet for public right-of-way, the City would need to request a 2.5 foot IOD from property owners on the east and west side of Ocean Street. Therefore, the strict application of the zoning PCRESONO. 6389 -3- ordinance would deprive said property of privileges enjoyed by other property in the 2 vicinity and under the identical zoning classification in that similar improvements are present on adjacent properties. 3 " 4 2. That the variance would 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 no conditions can be imposed to assure compliance with this finding, in that other property owners on the west side of Ocean Street have previously been granted Variances for a zero front yard setback to construct similar or larger-scale 7 projects. Due to the City's road widening policy, which requires a 2.5 foot IOD from property owners at the south end of Ocean Street, the structures would be in the " future public right-of-way. However, the acceptance of the IOD and enforcement of the Encroachment Agreement, as conditioned, enables the City to require removal or relocation of encroaching improvements at such time the City determines to 10 widen Ocean Street. 11 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 in that a wall, fireplace/chimney, patio cover, and built-in barbeque as part of an existing single- 13 family residence are permitted accessory structures. 14 4. That the variance is consistent with the general purpose and intent of the general plan and any applicable specific or master plans in that the proposal for accessory structures 15 (wall, fireplace/chimney, built-in barbeque, and patio cover) to a single- family residence is consistent with the RH (Residential High Density) Land Use designation and is an allowed use. The structures were built on the owner's property and 17 currently do not encroach into the public right-of-way. However, the project is conditioned for the owner to sign an IOD for 2.5 feet of future public right-of-way 18 and sign an Encroachment Agreement. The Encroachment Agreement would allow the City to have the encroachments removed when the road is widened, therefore no 1" circulation impact will result. 20 That in the coastal zone the variance is consistent with and does implement the 21 requirements of the certified local coastal program (LCP) in that the project will not have an adverse affect on coastal resources. The zero foot front yard setback for the 22 wall and fireplace/chimney and a 2.5 foot front yard setback for the patio cover as measured from the existing property line is consistent with development of other properties on the west side of Ocean Street. The structures are on the east side of the 24 property, away from the coastal bluff, and do not impact steep slopes or sensitive vegetation. 25 The structures have been built on the owner's property and currently do not 26 encroach into the public right-of-way. However, the project is conditioned for the owner to sign an IOD for 2.5 feet of future public right-of-way and sign an Encroachment Agreement. The Encroachment Agreement would allow the City to 28 have the encroachments removed when the road is widened. Therefore granting such a variance will not adversely affect the Local Coastal Program in that the PC RESO NO. 6389 -4- structures would not obstruct safe and efficient movement of traffic and pedestrians 2 within the coastal residential neighborhood. 3 Conditions: Planning: 1. Approval is granted for V 06-02 as shown on Exhibits "A" - "C", dated August 6, 2008, 6 on file in the Planning Department and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 7 2. This approval is granted subject to the approval of CDP 06-27 and is subject to all conditions contained in Planning Commission Resolution No. 6388 for those other o approvals incorporated herein by reference except for Condition No. 10. This Variance is null and void if the applicant does not apply for and be issued building permits 10 for this project within six (6) months of approval, and complete final inspection with within one year. 11 3. Prior to the issuance of the building permit, Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is j3 to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of 14 Carlsbad has issued a Variance by Resolution No. 6389 on the property. Said Notice of Restriction shall note the property description, location of the file containing complete 15 project details and all conditions of approval as well as any conditions or restrictions ..- specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates 17 said notice upon a showing of good cause by the Developer or successor in interest. 18 Engineering; 4. Developer shall cause property owner to execute and submit to the City Engineer for 2Q recordation a 2.5-ft wide Irrevocable Offer of Dedication (IOD) along the frontage of Ocean Street. Owner shall dedicate said IOD for public road and public utility 21 purposes. The offer shall be made by separate recorded document. All land so offered shall be free and clear of all liens and encumbrances and without cost to the City. 22 Developer shall pay the standard processing fee for easements in accordance with the fee schedule. 24 5. Developer shall cause property owner to execute and submit to the City Engineer for recordation of Encroachment Agreement for the existing private masonry wall, 25 fireplace and chimney improvements within Ocean Street right-of-way to the satisfaction of the City Engineer. Developer shall pay the standard processing fee for 2" encroachment agreements in accordance with the fee schedule. 27 6. Developer shall comply with the City's Stormwater Regulations, latest version, and shall 28 implement best management practices at all times. Best management practices include but are not limited to pollution treatment practices or devices, erosion control to prevent silt runoff during construction, general housekeeping practices, pollution prevention and PC RESO NO. 6389 -5- educational practices, maintenance procedures, and other management practices or 2 devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or stormwater conveyance system to the maximum extent practicable. Developer shall 3 notify prospective owners and tenants of the above requirements. Code Reminder: 7. Approval of this request shall not excuse compliance with all applicable sections of the 6 Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 7 8 NOTICE 9 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 date of final approval to protest imposition of these fees/exactions. If 12 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 13 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 16 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. 19" 20 21 22 23 24 25 26 27 28 PCRESONO. 6389 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on August 6, 2008, by the following vote, to wit: AYES: Commissioners Cardosa, Douglas, Montgomery, and Chairperson Whitton NOES: Commissioners Boddy and Dominguez ABSENT: Commissioner Baker ABSTAIN: /FRANK WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: >t DON NEU Planning Director PCRESONO. 6389 -7-