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HomeMy WebLinkAboutV 2023-0007; TELESCOPE HOUSE; Admin Decision LetterNov.15,2023 Corey Love 2386 Ivy Road Oceanside, CA 92054 17c a,J_/ Jl)t.)/2_3 8 f J LE r. n r,v J'l'-'u- SUBJECT: V 2023-0007 (DEV2019-0133) -TELESCOPE HOUSE Ccityof Carlsbad The City Planner has completed a review of your application for an Administrative Variance, V 2023-0007 on property generally located at 4615 Telescope Avenue, Assessor's Parcel Number 207-385-20-00. The property has a General Plan designation of R-4, Residential (0-4 du/acre) and is zoned Residential Agricultural (R-A-10000). The property is located in the non-appealable area of the California Coastal Commission. A Coastal Development Permit (CDP 2019-0032) was approved for the existing residence on the property by Planning Commission Resolution 7367. The as-built walls associated with this Variance were found to substantially conform to CDP 2019-003. This administrative variance allows for an as-built 8-foot-tall concrete masonry unit (CMU) retaining wall within the front yard setback. The as-built wall is approximately 19.5 linear feet long and varies in height from 2 feet up to 8.16 feet in the front yard setback. After careful consideration of the circumstances surrounding this request, the City Planner has determined that the four findings required for granting an Administrative Variance can be made and therefore, approves this request based on the following findings and conditions. Findings: Variance V 2023-0007: 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 deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification in that the subject as-built masonry wall is located on a split-level lot. The property slopes up from the east property line at Telescope Avenue towards the west to the building pad, with the building pad approximately 8 feet above the road. The as-built masonry wall is required to allow for a garage on the first floor and a living area on the second floor. The wall is necessary to support the access stairs constructed from the street level to the front door. Allowance of the subject as-built eight-foot-tall masonry wall would provide the same privileges currently enjoyed by properties with the same R-A-10000 zoning located directly to the north and south of the site, which were also constructed with permitted walls exceeding 42 inches in the 20-foot front yard setback (approximately six to eight feet high). 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 the subject eight-foot-tall masonry wall has been constructed to provide an access stairway from the driveway up to the front door ohhe residence. This will ensure the subject property receives the same benefits (e.g. access stairs) that the properties located directly adjacent to the project site on Telescope Avenue receive by having masonry walls exceeding 42-inches in height within the front yard setback for stairways. Community Development Department Planning Division I -1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2600 V 2023-0007 (DEV2019-0133) -TELESCOPE HOUSE November 15, 2023 Page 2 These properties are located directly north and south of the project site and also have split-level lots. 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 walls are permitted accessory structures when developed in conjunction with a single-family home in the R-A-10000 zone. 4. That the variance is consistent with the general purpose and intent of the general plan in that the granting of a variance to allow the subject eight-foot-tall masonry wall is consistent with the general purpose and intent of the General Plan for the Residential R-4 land use designation, which allows residential accessory structures by right. General Findings 5. That the City Planner 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 15303-New Construction or Conversion of Small Structures -in that the project is an accessory structure (wall) for an existing single-family use for the property, which is allowed by right in the R-A-10000 zone. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 6. The City Planner 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. Conditions: 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 future building permits; deny, revoke, or further condition all certificates of occupancy 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 or a successor in interest by the City's approval of this Variance V 2023-0007. 2. Approval is granted for Variance V 2023-0007 as shown on Exhibits "A" -"B", dated November 15, 2023, on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Varia11ce V 2023-0007 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. V 2023-0007 (DEV2019-0133)-TELESCOPE HOUSE November 15, 2023 Page 3 4. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5. 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 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 with all requirements of law. 6. 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 or indirectly, from (a) City's approval and issuance of this Variance V 2023-0007, (b) City's approval or issuance of any permit or action, whether discretionary or nondiscretionary, in 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 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. 7. Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is to be filed in the office of the County Recorder, subject to the satisfaction of the City Planner, notifying all interested parties and successors in interest that the City of Carlsbad has issued a VarianceV 2023-0007 by City Planner letter of approval on the 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 conditions or restrictions specified for inclusion in the Notice of Restriction. The City Planner 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. CODE REMINDERS: 8. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. V 2023-0007 (DEV2019-0133) -TELESCOPE HOUSE November 15, 2023 Page 4 NOTICE 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 the 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 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; to planning, zoning, grading, or other similar application processing or service fees in connection with this project; or 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. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $900.00. The filing of such appeal within such time limit shall stay the effective date of the order of the City Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel to contact Luren Yzaguirre at (442) 339-2634. Sincerely, CLIFF JONES Principal Planner CJ:LY:mh c: Keith Jesser, 4615 Telescope Ave, Carlsbad, CA 92008 Eric Lardy, City Planner Tim Carroll, Project Engineer Data Entry Laserfiche/File Copy