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HomeMy WebLinkAbout2008-10-01; Planning Commission; Resolution 64791 PLANNING COMMISSION RESOLUTION NO. 6479 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A VARIANCE TO ALLOW FOR A REDUCTION IN THE 4 REQUIRED PROJECT DRIVEWAY WIDTH TO 16 FEET WIDE, AND AN ENCROACHMENT INTO THE REQUIRED 25 FOOT X 25 FOOT RECREATIONAL PRIVATE REAR YARD 6 AREAS ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF ADAMS STREET ALONG THE NORTH 7 SHORE OF THE AGUA HEDIONDA LAGOON BETWEEN HIGHLAND DRIVE AND PARK DRIVE WITHIN THE AGUA 8 HEDIONDA SEGMENT OF THE LOCAL COASTAL 9 PROGRAM AND LOCAL FACILITIES MANAGEMENT ZONE 1. 10 CASE NAME: ADAMS STREET SUBDIVISION CASE NO: V 07-03 11 WHEREAS, Planning Systems, "Developer," has filed a verified application 13 with the City of Carlsbad regarding property owned by Benjamin & Eunice Medina, and 14 David Graham, "Owner," described as * 5 The southeasterly 127.0 feet measured at right angles of Lot 5 , f and that portion of Lot 6, in Block "D" of Bella Vista, in the City of Carlsbad, County of San Diego, State of California, 17 according to map thereof No. 2152, filed in the Office of the County Recorder of said San Diego County, March 7, 1929, 18 lying westerly of a line and the prolongations thereof that is drawn parallel with and distant 300 feet westerly measured at right angles from the easterly line of Lot 6 20 ("the Property"); and 21 WHEREAS, said application constitutes a request to allow 1) a reduction in the 22 required project driveway with to 16 feet, and 2)an encroachment into the required 25 foot 24 x 25 foot recreational private rear yard areas; and 25 WHEREAS, said verified application constitutes a request for a Variance as 26 shown on Exhibits "A" - "DD" dated October 1, 2008, on file in the Carlsbad Planning 27 Department, ADAMS STREET SUBDIVISION - V 07-03, provided by Chapter 21.50 of the 28 Carlsbad Municipal Code; and 1 WHEREAS, the Planning Commission did on October 1, 2008, hold a duly 2 noticed public hearing as prescribed by law to consider said request; and 3 WHEREAS, at said public hearing, upon hearing and considering all testimony 4 - and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 5 relating to the Variance. 7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning o Commission of the City of Carlsbad as follows: 9 A) That the above recitations are true and correct. 10 B) That based on the evidence presented at the public hearing, the Planning 11 Commission APPROVES ADAMS STREET SUBDIVISION - V 07-03, based on the following findings and subject to the following conditions: 13 Findings: 14 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 15 deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification, in that the subject property is located along the north shore of the Agua Hedionda Lagoon adjacent to an existing City of Carlsbad HMP 17 Hardline Preserve Area and within the Agua Hedionda LCP Land Use Plan. The site is severely impacted by steep slopes and sensitive habitat. The requirements of 18 the LCP Land Use Plan limit development heights of all structures to below the street elevation of Adams Street. The requirements of the HMP require a 100 foot 19 buffer from wetlands, a 20 foot buffer from upland habitat, and preservation of 20 67% of the Coastal Sage Scrub onsite. The Coastal Resource Protection Overlay Zone restricts development of "dual criteria" slopes. Combined, these constraints 21 create a development envelop that is very small and irregularly shaped. 22 The irregular geometrically shaped parcels that are being proposed are created based on the site constraints, and the project architecture is designed to fit each 23 parcel. Due to the steepness of the existing property, the project driveway must be 9 . designed to meander and traverse the entire width of the existing parcel in order to achieve the necessary drop in elevation while complying with driveway slope 25 standards. Furthermore, stepped retaining walls are necessary to construct the footprint of the driveway. Strict adherence to a 24 ft. wide driveway requirement 26 would require larger retaining walls and further encroachment into contiguous sensitive habitat areas of the site. In addition, many other single-family properties in the City with similar slope gradients have driveways of 16 feet or less in width. 20 Therefore, a reduction in the driveway width to 16 ft. is justified in order to allow it to fit within the parcel and still meet driveway slope standards. PC RESO NO. 6479 -2- The project architecture is also designed to fit each of the irregularly shaped 2 parcels. The buildings are literally constructed into the hillside and step with topography to minimize grading impacts to the site. Each parcel has been designed 3 to provide a useable yard area that is as close to the required 25 ft. x 25 ft. dimension as is possible without compromising the integrity of the architecture and 4 usefulness of the interior space. Each of the proposed residences is proposing a ~ structural encroachment of one kind or another into the required rear yard area, thus partially encumbering the private rear yard area. For the residence proposed 5 on Parcel 1, a balcony area overhangs the space above and a stairway is encroaching along one side. For the residence proposed on Parcel 2, a portion of a retaining wall 7 forming the barrier between the open space and the rear yard area is slightly encroaching. However, the combined total area of each rear yard area is more than double the minimum 625 square feet that is required by the Planned Development o regulations, and a minimum dimension of 21 ft. x 21.5 ft. is provided for Parcel 1 and a minimum dimension of 23 ft. x 25 ft. is provided for Parcel 2. The subject 10 property has unusual topographic and environmental constraints, which other properties in the area do not possess. The strict application of driveway width and 11 private rear yard dimension standard would deprive the property of privileges enjoyed by other surrounding properties. 13 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 14 located and is subject to any conditions necessary to assure compliance with this finding, in that unusual topographical and environmental constraints exist on the property, * ^ which preclude the development of the site as a standard single-family subdivision. ,,- The proposed 16 ft. wide driveway will provide safe vehicular access down to the lots; it is consistent with other standard single-family development in the vicinity; 17 and it preserves more habitat/open space then with a 24 ft. wide driveway. The unusual topography and environmental constraints limit the project's ability to a 18 achieve a 25 ft. x 25 ft. useable flat yard area, and expanding the yard areas beyond the proposed limit of the retaining walls will compromise the habitat buffer area and result in more habitat disturbance. As designed, the project provides private 2Q rear yard areas for each residence that greatly exceed the minimum 625 square foot area required by the City's Planned Development regulations. 21 3. That the variance does not authorize a use or activity which is not otherwise expressly 22 authorized by the zone regulation governing the subject property, in that the project is proposing custom designed detached single-family homes consistent with the R-l zone and at a density that is consistent with both the existing single-family 24 development surrounding the site and the sites RLM General Plan Land Use designation. 25 4. That the variance is consistent with the general purpose and intent of the general plan and 26 any applicable specific or master plans, in that it will allow for development of two custom designed detached single-family homes consistent with surrounding development and at a density consistent with the Residential Low-Medium Density 2g (RLM) General Plan Land Use designation for the site. The project also complies with General Plan Open Space & Conservation Element Implementing Policies & Action Programs, 1) C.I to utilize sensitive design criteria to preserve the unique PC RESO NO. 6479 -3- and special resources in the City and to integrate them into the design of any 2 development, 2) C.3 to assure that development on hillsides relates to the slope of the land in order to preserve the integrity of hillsides, 3) C.6 to designate as buffers 3 portions of land next to sensitive environmental areas, 4) C.27 to require adequate buffers between new development and environmentally sensitive habitats, and 5) C.29 to support innovative site design techniques such as cluster-type housing and c- transfer-of-development rights to preserve sensitive environmental resources and to allow development projects to comply with the City's Habitat Management Plan. 6 5. In addition, in the coastal zone, that the variance is consistent with and implements the V requirements of the certified local coastal program and that the variance does not reduce or in any manner adversely affect the protection of coastal resources as specified in the zones included in this title, and that the variance implements the purposes of zones adopted to implement the local coastal program land use plan, in that the Variance makes it possible to cluster development, thus avoiding increased impacts to habitat, 10 and furthermore allowing reasonable access to the site and achieving a pad elevation which allows for compliance with the visual resource standards of the Agua Hedionda Local Coastal Program Land Use Plan. (Ord. NS-675 § 46, 2003: Ord. NS- 2 365 §9, 1996; Ord. 9060 § 1802). 6. The Planning Commission 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 14 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. 15 Conditions;16 17 1. 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 18 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 2Q 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 21 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 Variance. 22 . Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Variance documents, as necessary to make them internally 24 consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development, 25 different from this approval, shall require an amendment to this approval. 26 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 23 4. 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 PC RESO NO. 6479 -4- Section 66020. If any such condition is determined to be invalid, this approval shall be 2 invalid unless the City Council determines that the project without the condition complies with all requirements of law. 3 5. 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 6 or indirectly, from (a) City's approval and issuance of this Variance, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in 7 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 o 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. 10 6. This approval is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, GPA 06-08, ZC 06-07, LCPA 06-08, HDP 05-12, and HMP 07-04 and is subject to all conditions contained in Planning Commission Resolutions No. 6474, 6475, 6476, 6477, 6478, and 6480 for those 13 other approvals incorporated herein by reference, and is subject to all conditions contained in the Planning Director's approval letter for PUD 05-19 and the City 14 Engineers approval letter for MS 05-29. 7. Prior to issuance of a Grading Permit, the Developer shall apply for and obtain , f approval of a Coastal Development Permit issued by the California Coastal Commission or its successor in interest that substantially conforms to this approval. A signed copy of 17 the Coastal Development Permit must be submitted to the Planning Director. If the approval is substantially different, an amendment to V 07-03 shall be required. 18 8. This approval shall become null and void if building permits are not issued for this project within 4 years from the date of City Council's approval of GPA 06-08, ZC 06- 2Q 07, and LCPA 06-08. 21 22 23 24 25 26 27 28 PC RESO NO. 6479 -5- 1 NOTICE 2 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." 5 You have 90 days from 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 6 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 o annul their imposition. 9 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 12 expired. 13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on October 1, 2008, by the following vote, 15 to wit: 16 AYES: Commissioners Baker, Boddy, Cardosa, Dominguez, and 17 Chairperson Whitton 18 NOES: 19 ABSENT: Commissioners Douglas and Montgomery 20 ABSTAIN: 21 22 23 dvRANK H. WHITTOH Chairperson 24 CARLSBAD PLANNING COMMISSION 25 ATTEST: 26 27 DON NEU 28 Planning Director PC RESO NO. 6479 -6-