HomeMy WebLinkAboutSDP 2024-0005; LAS FLORES GARAGE; Admin Decision LetterMay 29, 2024
Marcela & Logan Anderson
Marcela & Logan Architects, Inc.
1106 Second Street, #561
Encinitas, CA 92024
logan@marcelalogan.com
SUBJECT: SDP 2024-0005/NCP 2024-0001 (DEV2023-0123)-LAS FLORES GARAGE-Request for a
Minor Site Development Plan and Nonconforming Construction Permit to allow for an
addition to a single-family residence, which is a nonconforming use in the Office (0) Zone.
The addition includes a 543-square-foot single-car garage and 1,265 square feet of
residential space, proposed as a two-story addition behind the garage. The on-site
driveway will also be widened to accommodate access to the proposed one-car garage
and one surface parking space. The existing single-family residence is nonconforming
regarding parking, providing no garage parking spaces for the use where two garage
spaces are required. The subject property is located at 1291 Las Flores Drive, on the
corner of Las Flores and Pio Pico Drive, in the Office (0) Zone and Local Facilities
Management Zone 1.
Dear Marcela & Logan Anderson,
The City Planner has completed a review of your application for Minor Site Development Plan, SDP 2024-
0005, and Nonconforming Construction Permit, NCP 2024-0001, located at 1291 Las Flores Drive. A notice
was sent to property owners within a 300-foot radius of the subject property requesting comments
regarding the above request. Comments received within the ten-day noticing period (ending on April 26,
2024) expressed concerns over parking availability in the area, the number of persons that would reside
in the residence, and potential overlook from the second story into the adjacent office building lot to the
south. An Administrative Hearing was not requested with the received comments. After careful
consideration of the circumstances surrounding this request, the City Planner has made a decision
pursuant to Section 21.06.070 and 21.48.080 of the City of Carlsbad Municipal Code to APPROVE this
request based on the following findings and subject to the conditions listed below.
Findings:
Minor Site Development Plan, SDP 2024-0005
1. That the proposed development or use is consistent with the general plan and any applicable master
plan or specific plan, complies with all applicable provisions of Chapter 21.06 of the Carlsbad
Municipal Code, and all other applicable provisions of this code; in that the construction of an
attached 543-square-foot single-car garage, and a 1,265-square-foot addition to an existing 1,576-
Community Development Department
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov
SOP 2024-0005/NCP 2024-0001 (DEV2023-0123) -LAS FLORES GARAGE
May 29, 2024
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square-foot single-family home, is consistent with Section 21.48.050 of the Carlsbad Municipal Code
(CMC), which allows for nonconforming residential structures and uses to be continued and
expanded if found to be in accordance with the provisions of CMC Chapter 21.48, Nonconforming
Lots, Structures and Uses. The residential addition is consistent with those provision because the
proposed addition does not: result in an additional structural nonconformity; increase the degree
of the existing nonconformity; or reduce the number and size of any required existing parking
spaces. The project proposes a single-car garage, which will provide a conforming parking space
where none previously existed. One of the two existing nonconforming, uncovered spaces will also
be retained outside of the front yard setback. Furthermore, the project complies with all other
development standards for the Office (O} Zone, including height, setbacks, and lot coverage.
2. That the requested development or use is properly related to the site, surroundings and
environmental settings, will not be detrimental to existing development or uses or to development or
uses specifically permitted in the area in which the proposed development or use is to be located, and
will not adversely impact the site, surroundings or traffic circulation; in that the project consists of
the construction of an attached 543-square-foot single-car garage, and a 1,265-square-foot addition
to an existing 1,576-square-foot single-family home. The site is bordered by a one-story, single-
family home and a two-story office building. The proposed addition to a nonconforming single-unit
use is designed to be compatible with the existing residence, with the existing residence also
remodeled with a parapet roof consistent with that proposed for the addition. The addition is also
consistent with all other development standards for the Office (O} Zone, including height, setbacks,
and lot coverage.
3. That the site for the intended development or use is adequate in size and shape to accommodate the
use; in that the existing structure and proposed addition to the structure (e.g., an attached 543-
square-foot single-car garage, and 1,265-square-feet of habitable space) is consistent with all
development standards for the Office (O} Zone, including height, setbacks, and lot coverage.
4. That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
requested development or use to existing or permitted future development or use in the
neighborhood will be provided and maintained; in that all existing perimeter walls and fences will
remain or be reconstructed in compliance with the development standards of the Office (O) Zone,
including the relocation of the eastern fence to a location outside of the right-of-way as
conditioned.
5. That the street system serving the proposed development or use is adequate to properly handle all
traffic generated by the proposed use; in that the single-family residence will continue to be served
by Las Flores Drive; and no increase in the number of dwelling units is proposed. Therefore, the
existing streets continue to be adequate to handle the traffic generated by the project.
Nonconforming Construction Permit, NCP 2024-0001
6. The expansion of the structure and use would not result in an adverse impact to the health, safety
and welfare of surrounding uses, persons, or property in that the existing property is currently
developed with a single-family residence consistent with the development standards of the Office
(0) Zone and other applicable municipal code requirements, except for the existing nonconforming
SDP 2024-0005/NCP 2024-0001 (DEV2023-0123)-LAS FLORES GARAGE
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use and parking arrangement. The proposed 543-square-foot attached single-car garage and 1,265-
square-foot addition to the existing 1,576-square-foot single-family home will provide a 24-foot
front yard setback and 15-foot street side yard setback, both of which meet or exceed the current
setback requirements for the Office (O} Zone. The existing structure and proposed addition are
compatible with the surrounding single-family residential uses located to the north and west of the
project site as well as the office structure and use that is located to the south.
7. The area of expansion shall comply with all current requirements and development standards of the
zone in which it is located, except as provided in Subsection 21.48.050(A)(3) of this chapter in thatthe
proposed 543-square-foot attached single-car garage and 1,265-square-foot addition meet all
current development standards for height, lot coverage and setback requirements; and the creation
of the single-car garage will reduce the degree of nonconformity regarding parking requirements
for a single-family home.
8. The expansion shall comply with all current fire protection and building codes and regulations
contained in Titles 17 and 18 in that a building permit issued by the City of Carlsbad is required for
this project and the construction plans will be reviewed for consistency with applicable fire
protection and building codes prior to issuance. Furthermore, the project will undergo standard
building inspection procedures during the construction of all improvements to the site.
9. The expansion would result in a structure that would be considered an improvement to, or
complementary to and/or consistent with the character of the neighborhood in which it is located in
that the use of the property will continue to be used as a single-family residence and the existing
home will be expanded to allow more square footage and undergo interior and exterior
improvements to enhance the property within an area comprised of both residential and
commercial/office development.
General
10. 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 15301(e)-Existing Facilities of the state CEQA Guidelines. 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.
11. That the request for a Minor Site Development Plan was adequately noticed at least ten (10) calendar
days before the date of this decision pursuant to Section 21.54.060 of the Carlsbad Municipal Code.
12. The City Planner has reviewed each of the exactions imposed on the Developer contained in this
apprnval letter, 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.
SDP 2024-0005/NCP 2024-0001 (DEV2023-0123)-LAS FLORES GARAGE
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Conditions:
NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to building permit.
1. Approval is granted for SDP 2024-0005 and NCP 2024-0001 as shown on Exhibits "A-F" dated May 22,
2024, on file in the Planning Division and incorporated herein by reference. Development shall occur
substantially as shown unless otherwise noted in these conditions.
2. 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 Minor Site Development Plan and Nonconforming
Construction Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Minor Site Development Plan and Nonconforming Construction Permit
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.
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 Minor Site Development Plan and Nonconforming Construction Permit, (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. Prior to submittal of the building plans, improvement plans, grading plans, or final map, whichever
occurs first, developer shall submit to the City Planner, a 24" x 36" copy of the Site Plan, conceptual
SDP 2024-0005/NCP 2024-0001 (DEV2023-0123) -LAS FLORES GARAGE
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grading plan and preliminary utility plan reflecting the conditions approved by the final decision
making body. The copy shall be submitted to the City Planner, reviewed and, if found acceptable,
signed by the city's project planner and Project Engineer. If no changes were required by these
conditions, the approved exhibits shall fulfill this condition.
8. Prior to the issuance of a building permit, the Developer shall provide proof to the Building Division
from the Carlsbad Unified School District that this project has satisfied its obligation to provide school
facilities.
9. This project shall comply with all conditions and mitigation measures which are required as part of
the Zone 1 Local Facilities Management Plan and any amendments made to that Plan prior to the
issuance of building permits.
10. Building permits will not be issued for this project unless the local agency providing water and sewer
services to the project provides written certification to the city that adequate water service and sewer
facilities, respectively, are available to the project at the time of the application for the building
permit, and that water and sewer capacity and facilities will continue to be available until the time of
occupancy.
11. Developer shall report, in writing, to the City Planner within 30 days, any address change from that
which is shown on the permit application.
12. This approval shall become null and void if building permits are not issued for this project within 24
months from the date of project approval.
13. Prior to the issuance of the building permit, Developer shall submit to the city a Notice of Restriction
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 Minor Site
Development Plan and Nonconforming Construction Permit 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.
14. Plans submitted for a building permit shall show the removal of all fencing within the Pio Pico Drive
right-of-way and within the ten-foot street side setback from the eastern property line, consistent
with Municipal Code Section 21.27.050 (A)(9).
15. Plans submitted for a building permit shall include a floor plan for the entire structure to confirm
the structures use as a single-family residence with no additional units and only one kitchen. Any
unpermitted kitchen equipment or appliances and/or other unpermitted work within in the eastern
portion of the home shall be formally removed in conjunction with the building permit for the
addition approved with this entitlement. The developer or property owner shall schedule an onsite
inspection of the building with planning staff prior to building permit issuance.
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16. No additional plumbing, gas, or electrical connections, which could be used for kitchen equipment
shall be installed within the "Pool Cabana" or "Home Office" areas identified on project plans.
Engineering Conditions
General
17. Prior to hauling dirt or construction materials to or from any proposed construction site within this
project, developer shall apply for and obtain approval from, the city engineer for the proposed haul
route.
18. This project is approved upon the express condition that building permits will not be issued for the
development of the subject property, unless the district engineer has determined that adequate
water and sewer facilities are available at the time of permit issuance and will continue to be available
until time of occupancy.
Fees/ Agreements
19. Developer shall cause owner to execute, for recordation, a city standard Local Improvement District
Agreement to pay fair share contributions for undergrounding of all existing overhead utilities and
installation of street lights, as needed, along the subdivision frontage, should a future district be
formed.
Storm Water Quality
20. Developer shall comply with the city's Stormwater Regulations, latest version, and shall implement
best management practices at all times. Best management practices include but are not limited to
pollution control practices or devices, erosion control to prevent silt runoff during construction,
general housekeeping practices, pollution prevention and educational practices, maintenance
procedures, and 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
practicable. Developer shall notify prospective owners and tenants of the above requirements.
21. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP Tier
Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall
also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm
Water Pollution Prevention Plan (SWPPP) to the satisfaction of the city engineer. Developer shall pay
all applicable SWPPP plan review and inspection fees per the city's latest fee schedule.
22. Developer is responsible to ensure that all final design plans (grading plans, improvement plans,
landscape plans, building plans, etc) incorporate all source control, site design, pollutant control BMP
and applicable hydromodification measures.
23. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form.
Developer is responsible to ensure that all final design plans, grading plans, and building plans
SDP 2024-0005/NCP 2024-0001 (DEV2023-0123}-LAS FLORES GARAGE
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incorporate applicable best management practices (BMPs). These BMPs include site design, source
control and Low Impact Design (LID} measures including, but not limited to, minimizing the use of
impervious area (paving), routing run-off• from impervious area to pervious/landscape areas,
preventing illicit discharges into the storm drain and adding storm drain stenciling or signage all to the
satisfaction of the city engineer.
Dedications/Improvements
24. Prior to any work in city right-of-way or public easements, Developer shall apply for and obtain a right-
of-way permit to the satisfaction of the city engineer.
25. Developer shall re-locate the existing fence on Pio Pico Drive outside the city right-of-way.
26. Developer is responsible to ensure all existing overhead utilities servicing the subject property are to
be undergrounded to the satisfaction of the city engineer. No new or relocated utility poles are
allowed.
27. Developer is responsible to ensure utility transformers or raised water backflow preventers that serve
this development are located outside the right-of-way to the satisfaction of the city engineer. These
facilities shall be constructed within the property.
Utilities
28. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, fire
hydrant locations, building sprinklers) are required to serve the project.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
29. Developer shall pay planned local area drainage fees in accordance with Section 15.08.020 of the City
of Carlsbad Municipal Code to the satisfaction of the city engineer.
30. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and Section 13.10 of
the City of Carlsbad Municipal Code, respectively. The Average Daily Trips (ADT) and floor area
contained in the staff report and shown on the site plan are for planning purposes only.
SDP 2024-0005/NCP 2024-0001 (DEV2023-0123) -LAS FLORES GARAGE
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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, 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.
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 free to contact Kyle
Van Leeuwen at (442) 339-2611.
Sincerely,
CLIFF JONES
Principal Planner
CJ:KY:mh
c: Leal Leon, 129'1 Las Flores Drive, Carlsbad, CA 92008
Tim Carroll, Project Engineer
Eric Lardy, City Planner
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