HomeMy WebLinkAbout2011-10-05; Planning Commission; Resolution 68141 PLANNING COMMISSION RESOLUTION NO. 6814
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3 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
4 VARIANCE TO ALLOW A ZERO FOOT FRONT YARD
5 SETBACK ON A .33 ACRE OCEAN FRONT SITE LOCATED
6 AT 3015 OCEAN STREET IN THE MELLO II SEGMENT OF
THE LOCAL COASTAL PROGRAM AND IN LOCAL
7 FACILITIES MANAGEMENT ZONE 1.
8 CASE NAME: 3015 OCEAN STREET ADDITION
9 CASE NO: VI1-02
WHEREAS, Paul Longton, "Developer," has filed a verified application with the
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12 City of Carlsbad regarding property owned by Evergreen Hebron, LP, "Owner," described as
13 The Southeasterly 58 feet of the following described property:
j4 that portion of Town of Carlsbad, in the City of Carlsbad, in
the County of San Diego, State of California, according to Map
thereof No. 365, filed in the office of the County Recorder of
16 San Diego County on February 2, 1887, and that portion of
17 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
19 1 of said Town of Carlsbad, with the Southwesterly line of
2Q State Highway Division VII, Route 2, Section "B", Sheet 18,
approved October 17, 1912, as per map on file in the office of
21 the County Surveyor of San Diego County; thence along said
22 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 mean high tide line to an intersection
24 with the Southwesterly prolongation of the Northwesterly line
25 of Block 14 of said Town of Carlsbad; thence Northeasterly
along said prolongation to the point of beginning.26
27 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
line of Ocean Street as shown on said Map No. 365.
ALSO EXCEPTING therefrom that portion thereof described
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
the following described property: that portion of Town of
Carlsbad, in the City of Carlsbad, County of San Diego, State
of California, according to Map thereof No. 365 filed in the
office of the County Recorder of San Diego County on
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
2 of the Northwesterly line of Block 14 of said Town of Carlsbad
3 with the Southwesterly line of State Highway Division VII,
Route 2, Section "B", Sheet 18, approved October 17, 1912, as
per map on file in the office of the County Surveyor of San
5 Diego County; thence along said Southwesterly line, South
6 30° 56'20" East 100.2 feet; thence South 55° 27' West to the
ocean mean high tide line; thence Northwesterly along said
' mean high tide line to an intersection with the Southwesterly
8 prolongation of the Northwesterly line of Block 14 of said
Town of Carlsbad; thence Northeasterly along said
prolongation to the point of beginning.
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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
13 line of Ocean Street as shown on said Map No. 365.
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("the Property"); and
16 WHEREAS, said application constitutes a request to allow a zero foot front yard
17 setback; and
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19 WHEREAS, said verified application constitutes a request for a Variance as
20 shown on Exhibits "A" - "K" dated October 5, 2011, on file in the Carlsbad Planning
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22 Department, 3015 OCEAN STREET ADDITION - V 11-02, provided by Chapter 21.50 of the
23 Carlsbad Municipal Code; and
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25 WHEREAS, the Planning Commission did on October 5, 2011, hold a duly
9f\noticed public hearing as prescribed by law to consider said request; and
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2g WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Variance.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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 3015 OCEAN STREET ADDITION - V 11-02
based on the following findings and subject to the following conditions:
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
identical zoning classification, in that the lot has a number of constraints which
include an undevelopable coastal bluff, a coastal string-line structure setback,
sloping topography and limited availability of a developable flat pad area west of
the 20' front yard setback. These constraints limit the ability to design a residential
structure(s) with garages similar in size to those presently located on the west or
bluff side of Ocean Street without granting a front yard setback variance. These
conditions also exist on other lots on the west side of Ocean Street where similar
variances have been granted. However, they do not generally exist for other
properties located along the east side of Ocean Street or in other R-3 zoned
properties. The City Land Development Engineering Division is also requiring the
applicant to dedicate an additional two and half feet of public right-of-way in order
for the City to improve the roadway to its ultimate width of 50 feet. The project has
been redesigned to meet the required interior side yard setback for the lot.
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 the majority of lots on the west side of Ocean Street include garages and
living area located within the front yard setback due to the lot constraints described
above. Without the approval of the variance, a significant portion of the level area
of the lot would be undevelopable, preventing the applicant from achieving similar
lot coverage and square footage enjoyed by other properties located on the west side
of Ocean Street.
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 the granting of
a variance to reduce the front yard setback so that the applicant can construct the
total number of required off-street resident parking (2 spaces per unit, provided as
a four-car garage minimum interior 20' x 40') for a two-family dwelling does not
authorize a use which is not otherwise expressly permitted by the zoning
regulations. Therefore, a variance from the R-3 zone standard does not authorize a
use or activity which is not permitted by the zone.
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 existing two-family project at 16.66
du/ac is consistent with the Residential High Density (RH: 15 - 23 du/ac) General
Plan Land Use designation for the property and compatible with existing multi-
family, two-family and single-family residences that are located in the beach area.
5.In addition, in the coastal zone, that the variance is consistent with and implements the
requirements of the certified local coastal program and that the variance does not reduce
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or in any manner adversely affect the protection of coastal resources as specified in the
2 zones included in this title, and that the granting of a Variance is consistent with and
3 implements the requirements of the Local Coastal Program, and will not have an
adverse effect on coastal resources. The project will maintain coastal stringline
limits, building height, and lot coverage requirements and the project has no impact
5 on sensitive environmental resources. Therefore granting such a variance will not
/: adversely affect the Local Coastal Program.
' Conditions:
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Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a building
permit.
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1. Approval is granted for V 11-02 as shown on Exhibits "A" - "K" dated October 5,
2011, on file in the Planning Department and incorporated herein by reference.
13 Development shall occur substantially as shown unless otherwise noted in these
conditions.
2. This approval is granted subject to the approval of SDP 11-03 and CDP 10-15 and is
16 subject to all conditions contained in Planning Commission Resolutions No. 6812 and
, 7 6813 for these other approvals incorporated herein by reference.
18 NOTICE
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20 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."
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23 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
25 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.
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28 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
expired.
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1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
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3 Commission of the City of Carlsbad, California, held on October 5, 2011, by the following vote,
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AYES: Chairperson L'Heureux, Commissioners Arnold, Black, Nygaard,
Scully, Schumacher and Siekmann
8 NOES:
9 ABSENT:
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ABSTAIN:
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14 STEPHEN "HAP"-rHEUREUX, Chairperson
15 CARLSBAD PLANNING COMMISSION
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17 ATTEST:
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20 DON NEU
21 Planning Director
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