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HomeMy WebLinkAboutNCP 14-01; Walnut Triplex; Administrative Permits (ADMIN) (2)·~ ~CARLSBAD Community & Economic Development May 20,2014 Brooks Worthing P.O. Box 1041 Carlsbad, CA 92018 www.carlsbadca.gov SUBJECT: NONCONFORMING CONSTRUCTION PERMIT NO. NCP 14-01 -WALNUT TRIPLEX - Request for approval of a Nonconforming Construction Permit (NCP 14-01) to allow for the renovation and expansion of an existing one-and two-story split-level triplex from 2,314 sq. ft. to 2,534 sq. ft; on property considered nonconforming by reason of substandard setbacks (front and rear). More specifically, the proposed improvements include a new roof throughout; minor facade treatments to the exterior elevations; interior renovations to all three units; construction of a 226 sq. ft. deck with stairs at Unit A; construction of an 89 sq. ft. covered patio at Unit B; and construction of a new 220 sq. ft. living/dining room addition, at-grade deck (529 sq. ft.) and a covered porch (55 sq. ft.) at Unit C on property located at 180 and 190 Walnut Avenue, in the Multiple-Family Residential {R-3) and Beach Area Overlay Zone {BOAZ), and Local Facilities Management Zone 1. Dear Mr. Worthing, The City Planner has completed a review of your application for a Nonconforming Construction Permit NCP 14-01 for additions to an existing triplex with nonconforming setbacks at 180 Walnut Avenue. A notice was sent to property owners within a 300ft. radius of the subject property requesting comments regarding the above request. No comments were received within the ten day notice period (ending on May 15, 2014). 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/replacement 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 multiple-family residential triplex consistent with that as permitted in the R-3 zone and is surrounded by other multiple-family residential developments and single-family homes of similar sizes or larger to the north, south, east and west. In addition, the proposed areas of expansion comply 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 proposed areas of expansion comply with current front, side, and rear yard setback requirements, including all other development standards, such as building height and lot coverage. · ·· Planning Division ~~'----~----------------------------~----------~-----" · 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 NCP 14-01-WALNUT TRIPLEX May 20,2014 Page 2 3. The expansion/replacement 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 all applicable fire protection and building code requirements. Furthermore, the project will undergo standard building inspection procedures during the construction of all improvements to the site. 4. The expansion/replacement would result in a structure that would be considered. an improvement to, or complementary to and/or consistent with the character of the neighborh6od in which it is located in that the proposed renovations will significantly update and enhance the existing structure, creating a more visually appealing building. Moreover, the proposed renovated multiple-family residential triplex is comparable in size and height to other existing multiple-family residential developments and single~family homes adjacent to and within the vicinity of the project site. Therefore, the proposed project will be considered consistent with the character of the neighborhood in which it is located. 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 15301(e)(1), 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. 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 ofthe exaction is in rough proportionality to the impact caused by the project. Conditions: Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a building permit. 1. Approval is granted for NCP 14-01 as shown on Exhibits "A"-"E" dated May 16, 2014 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 Nonconforming Construction Permit. NCP 14-01-WALNUT TRIPLEX May 20,2014 Page 3 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the NCP 14-01 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 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 ~nd 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. 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. Developer shall submit to the City Planner a reproducible 24" x 36" mylar copy of the Site P.lan reflecting the conditions approved by the final decision-making body. 7. 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. 8. 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. 9. 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 law. 10. 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. NCP 14-01-WALNUT TRIPLEX May20, 2014 Page 4 11. 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. 12. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the p·ermit application. Engineering: 13. 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. 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 prospective owners and tenants ofthe above requirements. 15. Developer is responsible to ensure that all final design plans (landscape plans, building plans, etc.) 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: 1) reducing the use of new impervious surface~ (e.g.: paving), 2) designing drainage from impervious surfaces to discharge over pervious areas (e.g.: turf, landscape areas), 3) and designing trash enclosures to avoid contact with storm runoff, all 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 14-01-WALNUT TRIPLEX May 20,2014 Page 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 costs. 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 f.inal decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Jason Goff at (760) 602-4643. Sincerely, CHRIS DeCERBO Principal Planner CD:JG:fn c: 180-190 Walnut Properties, LLC, 1641 Amante Court, Carlsbad, CA 92011 Don Neu, City Planner Steve Bobbett, Project Engineer Chris DeCerbo, Principal Planner Greg Ryan, Fire Prevention Will Foss, Building Official Michele Masterson, Senior Management Analyst File Copy OMS/Data Entry