HomeMy WebLinkAboutNCP 13-02; Fanucchi Renovation; Administrative Permits (ADMIN)4'f~..A,. C I T Y 0 F ~CARLSBAD
Community & Economic Development www.carlsbadca.gov
October 15, 2013
Mr. Allen Teta
Teta Architecture, Inc.
300 Carlsbad Village Drive, Suite 108a-336
Carlsbad, CA 92008
SUBJECT: NCP 13-02 -FANUCCHI RENOVATION -Request for approval of a Nonconforming
Construction Permit (NCP 13-02) to allow a 1,041 square foot (SF) addition, including the addition of a
second story, to a single-family home with nonconforming side yard setbacks at 3892 Westhaven Drive,
in the R-1-10,000 zone and Local Facilities Management Zone 1.
Dear Mr. Teta,
The City Planner has completed a review of your application for a Nonconforming Construction Permit
NCP 13-02 for additions to an existing single-family home with nonconforming setbacks at 3892
Westhaven Drive. A notice was sent to property owners within a 300-foot-wide radius of the subject
property requesting comments regarding the above-noted request. While two inquiries were received,
no requests were filed for an administrative hearing within the ten day notice period, which ended on
October 10, 2013. After careful consideration of the circumstances surrounding this request, the City
Planner has determined that the four findings required for granting a Nonconforming Construction
Permit can be made and therefore, APPROVES this request based on the following findings and
conditions.
Findings:
1. The expansion of the structure and/or 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 home consistent with the R-1 zone and is surrounded
by single-family residences of similar size to the north, south and east and west, several of
which have a second story. In addition, the proposed project addition complies with all
current Planning, Building and Engineering standards.
2. 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 that the new additions comply with current side setback requirements and all other
development standards such as building height and lot coverage.
3. The expansion structure 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 the project and the building plans will be reviewed for consistency with
applicable fire protection and building codes. Furthermore, the project will undergo standard
building inspection procedures during the construction of the additions.
Planning Division
1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ®
NCP 13-02-FANUCCHI RENOVATION
October 15, 2013
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4. 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 proposed remodel will significantly enhance the existing architecture and
will create a more desirable, functional living space. Furthermore, the second story addition is
comparable in size and height to other existing second stories in the vicinity of the project
site. Therefore, the proposed project will not adversely impact the character of the
surrounding neighborhood.
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 15332, In-Fill Development Projects, 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.
6. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
7. 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. Approval is granted for NCP 13-02 as shown on Exhibits "A"-"H" dated October 15, 2013 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 litig9tion 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
Nonconforming Construction Permit.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the NCP 13-02 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. The 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
NCP 13-02-FANUCCHI RENOVATION
October 15, 2013
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indirectly, from (a) City's approval and issuance of this Nonconforming Construction Permit,
(b) City's approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's
installation and operation ofthe 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.
5. The Developer shall comply with all applicable provisions of federal, state, and local ordinances
in effect at the time of building permit issuance.
6. 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.
7. Prior to the issuance of a building permit, the Developer shall provide proof to the Building
Division from Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
8. 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 residential housing
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 Jaw.
9. Prior to the issuance of a Building Permit, owner/applicant 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 Nonconforming Construction Permit on the real property owned by the
owner/applicant. 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 owner/applicant or successor in interest.
10. This approval shall become null and void if building permits are not issued for this project within
two (2) years from the date of project approval.
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.
NCP 13-02-FANUCCHI RENOVATION
October 15, 2013
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Engineering:
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval
of this proposed development, must be met prior to approval of a building permit
General
12. 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.
Fees/ Agreements
13. Developer shall cause owner to give written consent to the city engineer for the annexation of
the area shown within the boundaries of the site plan into the existing City of Carlsbad Street
Lighting and Landscaping District No.1.
Stormwater
14. 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 future owners or tenants of the above
requirements.
15. Developer is responsible to ensure that all final building and landscape plans incorporate all
source control, site design, and Low Impact Design (LID) facilities.
16. Developer shall incorporate measures with this project to comply with Standard Stormwater
Requirements per the city's Standard Urban Stormwater Management Plan (SUSMP). These
measures include, but are not limited to reducing the use of new impervious surfaces (e.g.:
paving), and designing drainage from impervious surfaces to discharge over pervious areas to
the satisfaction of the city engineer.
Code Reminders:
17. 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.
18. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
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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 $651.00 plus noticing fees. 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 Shannon Werneke at 760-602-4621.
CHRIS DeCERBO
Principal Planner
CD:SW:sm
c: Steve & Wendy Fanucchi, 3892 Westhaven Drive, Carlsbad, CA 92008
Don Neu, City Planner
Chris DeCerbo, Principal Planner
Steve Bobbett, Project Engineer
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OMS/Data Entry