HomeMy WebLinkAbout2011-09-07; Planning Commission; Resolution 68011 PLANNING COMMISSION RESOLUTION NO. 6801
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
VARIANCE FROM THE PARKING ORDINANCE (CMC
4 CHAPTER 21.44) TO ALLOW THE APPLICANT TO ADD 600
SQUARE FEET OF FLOOR AREA TO ONE UNIT OF AN
ATTACHED DUPLEX UNIT THAT DOES NOT HAVE THE
6 REQUIRED TWO-CAR GARAGE ON PROPERTY LOCATED
AT 843 CAMELLIA PLACE IN LOCAL FACILITIES
7 MANAGEMENT ZONE 1.
CASE NAME: SANTARCANGELO ADDITION
8 CASE NO: V 11-04
9 WHEREAS, Glen Darrie, "Developer," has filed a verified application with the
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City of Carlsbad regarding property owned by Michael Santarcangelo, "Owner," described as
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An Undivided One-Half Interest in and to Lot 13 of Magnolia
Village, in the City of Carlsbad, County of San Diego, State of
13 California, According to Map Thereof No. 5313, Filed in the
Office of the County Recorder of San Diego County
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("the Property"); and
,,- WHEREAS, said application constitutes a request to vary from the parking
17 standard to allow the applicant to add 600 square feet of floor area to one unit of an
18 attached duplex that does not have the required two-car garage; and
WHEREAS, said verified application constitutes a request for a Variance as
20 shown on Exhibits "A" - "E" dated September 7, 2011, on file in the Carlsbad Planning
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Department, SANTARCANGELO ADDITION - V 11-04, provided by Chapter 21.50 of the
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Carlsbad Municipal Code; and
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24 WHEREAS, the Planning Commission did on September 7, 2011, hold a duly
25 noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
27 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the Variance.
1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission of the City of Carlsbad as follows:
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A) That the above recitations are true and correct.
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, B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES SANTARCANGELO ADDITION - V 11-04 based
5 on the following findings and subject to the following conditions:
7 Findings:
That because of special circumstances applicable to the subject property, including size,
shape, topography, location or surroundings, the strict application of the zoning ordinance
deprives such property of privileges enjoyed by other property in the vicinity and under
10 identical zoning classification, in that the subject .22 acre property is currently
developed with a single story attached duplex (799 square feet per unit) with two
11 attached one car garages. Due to the shape of the lot, which is located on a cul-de-
sac, and the siting of the units outside of the required yards, there is inadequate area
to construct another one car garage on the lot without significantly altering the
units' floor plan. There are other units within the Magnolia Village subdivision that
were originally built with one car garages that have adequate room on their lot and
14 outside of the required yards to construct an additional one car garage, thereby
allowing them to add on to their unit without a variance.
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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
, _ located and is subject to any conditions necessary to assure compliance with this finding,
in that some of the 20 other units within the Magnolia Village subdivision which do
15 not have the same lot configuration and placement have adequate area to add a
garage without a Variance, therefore, this Variance would not be granting a special
19 privilege. The unusual lot shape located on a cul-de-sac and the siting of the unit
outside of the required setbacks leaves the applicant without any viable option to
construct an additional one car garage on the lot.
21 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 granting of
a variance to reduce the required off-street parking from two spaces to one space to
allow the applicant to construct an addition does not authorize a use which is not
otherwise expressly permitted by the zoning regulations in that an attached duplex
is allowed by right within the R-2 zone. Therefore, a deviation from the Parking
25 Standard does not authorize a use or activity which is not authorized by the zone.
26 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 General Plan Land Use Designation
for the property is Residential Medium-Density (RM). The RM designation
provides medium density (4-8 du/ac) residential areas intended to be developed with
one-family dwellings, two-family dwellings, and multi-family dwellings. The
granting of the variance to the parking standard from the required two covered
PCRESONO. 6801 -2-
parking spaces to one space to allow the applicant to construct an addition will not
2 change the density of the project. Therefore the project remains consistent with the
General Plan.
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That the Planning Director 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 15305, Minor Alterations
5 in Land Use Limitations, of the state CEQA Guidelines. In making this determination,
the Planning Director has found that the exceptions listed in Section 15300.2 of the state
7 CEQA Guidelines do not apply to this project.
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
to mitigate impacts caused by or reasonably related to the project, and the extent and the
10 degree of the exaction is in rough proportionality to the impact caused by the project.
11 Conditions:
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
14 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
15 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
17 or a successor in interest by the City's approval of this Variance.
18 2. 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
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.
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3. Developer shall comply with all applicable provisions of federal, state, and local laws and
22 regulations in effect at the time of building permit issuance.
73 4. If any conditions for construction of any public improvements or facilities, or the
24 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
25 I 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
26 with all requirements of law.
27 Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
28 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
PCRESONO. 6801 -3-
or indirectly, from (a) City's approval and issuance of this Variance, (b) City's approval
2 or issuance of any permit or action, whether discretionary or nondiscretionary, in
connection with the use contemplated herein, and (c) Developer/Operator's installation
3 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. This obligation survives until all legal proceedings have
- been concluded and continues even if the City's approval is not validated.
5 6. Prior to the issuance of a building permit for the residential addition, the Developer
shall submit to the City a Notice of Restriction executed by the owner of the real property
7 to be developed. Said notice is 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 Carlsbad has issued a Variance by Resolution No. 6801 on the
o 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
10 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 said notice upon a showing of good cause by the Developer
or successor in interest.
13 Engineering;
14 7. Developer shall complete and submit to the building department a Project Threat
Assessment Form (PTAF) pursuant to City Engineering Standards. Concurrent with the
PTAF, developer shall also submit the appropriate Tier level Storm Water Compliance
form and appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as
determined by the completed PTAF all to the satisfaction of the building department.
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8. Developer shall comply with the City's Stormwater Regulations, latest version, and shall
18 implement best management practices at all times. Best management practices include
but are not limited to pollution treatment practices or devices, general housekeeping
practices, pollution prevention and educational practices, maintenance procedures, and
20 other management practices or devices to prevent or reduce the discharge of pollutants to
stormwater, receiving water or stormwater conveyance system to the maximum extent
21 practicable. Developer shall notify prospective owners and tenants of the above
requirements.
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PCRESONO. 6801 -4-
1 NOTICE
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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
A "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
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
12 expired.
13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
14 Commission of the City of Carlsbad, California, held on September 7, 2011, by the following
15 vote, to wit:
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AYES: Chairperson L'Heureux, Commissioners Arnold, Black, Scully,
17 Schumacher and Siekmann
18 NOES:
19 ABSENT: Commissioner Nygaard
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ABSTAIN:21
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23 STEPHEN "HAP" L'HEUREUX, Chairperson
CARLSBAD PLANNING COMMISSION
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25 ATTEST:
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DON NEU
28 Planning Director
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