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
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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
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right-of-way of Ocean Street subject to the recordation of an Irrevocable Offer of Dedication
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(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
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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.
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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.
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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-