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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 Pa e 2 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 Pa e 3 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 Page4 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. NCP 13-02-FANUCCHI RENOVATION October 15, 2013 Pa e 5 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 File Copy OMS/Data Entry