HomeMy WebLinkAbout2011-10-05; Planning Commission; Resolution 68101 PLANNING COMMISSION RESOLUTION NO. 6810
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
VARIANCE FROM THE RESIDENT PARKING STANDARD
4 OF THE PLANNED DEVELOPMENT ORDINANCE TO
ALLOW AN EXISTING TWO CAR TANDEM GARAGE (12' X
40' DIMENSION) RATHER THAN THE REQUIRED TWO
6 CAR PARALLEL SPACE GARAGE (MINIMUM 20' X 20'
DIMENSION) TO SATISFY THE RESIDENT PARKING
7 REQUIREMENT FOR A ONE FAMILY DWELLING WITHIN
A PROPOSED FOUR UNIT SMALL LOT SINGLE FAMILY
8 RESIDENTIAL PLANNED DEVELOPMENT PROJECT ON A
9 .41 ACRE R-3 ZONED LOT LOCATED AT 3430-A HARDING
STREET IN LOCAL FACILITIES MANAGEMENT ZONE 1.
10 CASE NAME: HARDING STREET
CASE NO: V 11-03
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WHEREAS, Paul Jacinto, "Owner/Developer," has filed a verified application
13 with the City of Carlsbad regarding property described as
14 Lot 5 of Alles Avocado Acres, Map No. 2027, recorded May 17,
1927, Recordation No. 27-29929
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16 ("the Property"); and
17 WHEREAS, said application constitutes a request for a variance to allow an
18 existing two car tandem garage to satisfy the resident parking requirement for a one-family
19 dwelling within a proposed four unit small lot single family residential planned
20 development project; and
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WHEREAS, said verified application constitutes a request for a Variance as
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shown on Exhibit "A" dated October 5, 2011, on file in the Carlsbad Planning Department,
24 HARDING STREET - V 11-03, provided by Chapter 21.50 of the Carlsbad Municipal Code;
25 and
26 WHEREAS, the Planning Commission did on October 5, 2011, hold a duly
27 noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the Variance.
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5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
5 Commission of the City of Carlsbad as follows:
7 A) That the above recitations are true and correct.
o B) That based on the evidence presented at the public hearing, the Planning
9 Commission APPROVES HARDING STREET - V 11-03 based on the
following findings and subject to the following conditions:
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Findings:
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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
13 deprives such property of privileges enjoyed by other property in the vicinity and under
identical zoning classification, in that as discussed in the attached staff report, the
14 subject property is unique because, unlike most other R-3 zoned properties within
the vicinity, that are developed more traditionally with attached rental units, this
property is developed with four one-family detached rental units. Without the
approval of a variance to allow the existing tandem parking garage to satisfy the
required parking for one of the one-family residences, the applicant could not
17 subdivide this site and improve the property without significantly altering the units'
floor plan and front yard landscaping by constructing a side loaded one-car garage
1 ° along the front elevation of the dwelling unit. There is otherwise inadequate area to
construct an additional one car garage space to comply with the minimum
dimensions required by the Planned Development (PD) ordinance. The project
20 meets all of the required development standards of the R-3 zone and except for the
interior garage dimension requirement will comply with all of the development
21 standards within the Planned Development ordinance.
22 2. That the variance shall not constitute a grant of special privileges inconsistent with the
23 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,
24 in that the existing rental project which includes four detached one-family
residential units meets the minimum standards within the R-3 zone. However,
without the approval of the variance, the property cannot be subdivided into four
small lot one-family residences without significant alterations to the existing
structure on proposed Parcel No. 4. Most similar sized properties in the same
27 vicinity and zone are built with attached rental units that could not be subdivided or
converted to condominiums because they would not comply with many of the
28 development standards of the Planned Development Ordinance. Therefore, this
Variance would not be granting a special privilege inconsistent with the limitations
upon other properties in the vicinity and zone.
PCRESONO. 6810 -2-
3. That the variance does not authorize a use or activity which is not otherwise expressly
2 authorized by the zone regulation governing the subject property, in that the granting of
a variance to allow tandem parking to meet the resident parking requirement for a
3 one-family dwelling so that the applicant can subdivide the lot does not authorize a
use which is not otherwise expressly permitted by the zoning regulations, in that
pursuant to Chapter 21.45 of the Carlsbad Municipal Code, small lot one-family
<- dwellings are permitted in the R-3 zone upon approval of a PD permit. Therefore, a
variance from the Planned Development standard does not authorize a use or
6 activity which is not permitted by the zone. Furthermore, the two-car tandem
garage currently exists, and two-car tandem garages are otherwise permitted
7 pursuant to Table E, Subject 7 of Chapter 21.45 for 25% of the units in a
condominium project that is located on property that is designated RH by the
General Plan. The tandem garage is setback more than an adequate distance from
o the proposed private driveway so as to not limit visibility or harm the health, safety,
and general welfare of passing pedestrians and motorists.
10 4. That the variance is consistent with the general purpose and intent of the general plan and
11 any applicable specific or master plans, in that the General Plan Land Use Designation
for the property is Residential Medium-High Density (RMH). The RMH
12 designation provides medium density (8-15 du/ac) residential areas intended to be
developed with one-family dwellings, two-family dwellings, and multi-family
dwellings. The proposed four unit small lot residential subdivision is consistent with
14 the Residential Medium High Density (RMH) Land Use designation. The granting
of the variance to the PD ordinance to allow a two car tandem garage to satisfy the
15 resident parking requirement for a one-family dwelling and therefore allow the
applicant to subdivide the property into four separate parcels will not change the
density of the project. Therefore the project remains consistent with the General
17 Plan.
18 5. 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
19 environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Sections 15303 - New
Construction or Conversion of Small Structures and 15305 - Minor Alterations in
Land use Limitations, of the state California Environmental Quality Act (CEQA)
Guidelines, of the state CEQA Guidelines. In making this determination, the Planning
22 Director has found that the exceptions listed in Section 15300.2 of the state CEQA
Guidelines do not apply to this project.
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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
degree of the exaction is in rough proportionality to the impact caused by the project.
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Conditions:
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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
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
PCRESONO. 6810 -3-
future building permits; deny, revoke, or further condition all certificates of occupancy
2 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
3 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.
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- 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
5 consistent and in conformity with the final action on the project. Development shall
occur substantially as shown on the approved Exhibits. Any proposed development,
7 different from this approval, shall require an amendment to this approval.
o 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
g regulations in effect at the time of building permit issuance.
10 4. If any conditions 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
11 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
1 3 with all requirements of law.
14 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
1 -* 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 and issuance of this Variance, (b) City's approval
17 or issuance of any permit or action, whether discretionary or nondiscretionary, in
connection with the use contemplated herein, and (c) Developer/Operator's installation
18 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
20 been concluded and continues even if the City's approval is not validated.
21 6. Prior to the recordation of the associated Parcel Map (MS 11-01), Developer shall
submit to the City a Notice of Restriction executed by the owner of the real property to be
22 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. 6810 on the
24 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
25 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
27 or successor in interest.
28 7- Approval is granted for V 11-03 as shown on Exhibit "A" dated October 5, 2011, on file
in the Planning Department and incorporated herein by reference. Development shall
occur substantially as shown unless otherwise noted in these conditions.
PCRESONO. 6810 -4-
8. This approval is granted subject to the approval of Minor Subdivision MS 11-01 and
2 Planned Development Permit PUD 11-06 and is subject to all findings and conditions
contained in the City's administrative approval letters for these other approvals
3 incorporated herein by reference.
4 NOTICE
5
Please take NOTICE that approval of your project includes the "imposition" of fees,
6 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
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
1 annul their imposition.
12 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,
13 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
14 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
i r 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 October 5, 2011, by the following vote,
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard,
Scully, Schumacher and Siekmann
STEPHEN "HAP" L'HEUREUX, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Planning Director
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