HomeMy WebLinkAboutNCP 14-07; Murray Residence; Administrative Permits (ADMIN)•' (~CITY OF ~~,CARLSBAD
Community & Economic Development
February 25, 2015
Tori Jones
2711 Oak Knoll Drive
Los Alamitos, CA 90720
www.carlsbadca.gov
SUBJECT: NONCONFORMING CONSTRUCTION PERMIT NO. NCP 14-07-MURRAY RESIDENCE-
Request for approval of a Nonconforming Construction Permit (NCP 14-07-Murray Residence) to allow
additions to an existing single-family home, which is currently nonconforming due to height, on property
located at 4465 Adams Street, in the R-1-15,000 Zone and Local Facilities Management Zone 1. 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 5mall Structures of the state CEQA Guidelines.
Dear Ms. Jones,
The City Planner has completed a review of your application for a Nonconforming Construction Permit
NCP 14-07 for additions to an existing single-family home, which is currently nonconforming due to
height, on property located at 4465 Adams Street. A notice was sent to property owners within a 300'
radius of the subject property requesting comments regarding the above request. No comments were
received within the ten day notice period (ending on November 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 single-family home consistent with the R-1-15,000 zone and is
bordered by vacant, residentially zoned lots to the west and east, Auga Hedionda Lagoon to the
south and one single-family home to the north. The proposed additions 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 new additions comply with current front, side and rear yard setback requirements and 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 14-07-MURRAY RESIDENCE
February 25, 2015
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 this project and the building 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 the additions.
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 neighborhood in which it is
located in that the existing home would be expanded to allow more square footage and an
updated exterior which is consistent with the size and design of existing single-family homes along
Auga Hedionda Lagoon. Furthermore, the proposed additions meet all current development
standards including building height, lot coverage and setback requirements.
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 envi•onmental
documents pursuant to Section 15303-New Construction or Conversion of Small Structures 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:
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 grading permit or building permit
whichever comes first.
1. Approval is granted for NCP 14-07 as shown on Exhibits "A"-"K" dated February 25, 2015 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 14-07-MURRAY RESIDENCE
February 25, 2015
Page 3
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the NCP 14-07 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 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 wa11es 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 prov'de 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 law.
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 24
months 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 14-07-MURRAY RESIDENCE
February 25, 2015
Page4
12. A Coastal Development Permit, issued by the California Coastal Commission, shall be approved
prior to the issuance of a building permit or grading permit.
Engineering:
General
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. 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.
15. Developer shall install sight distance corridors at all driveways in accordance with City Engineering
Standards. The property owner shall maintain this condition.
Fees/ Agreements
16. Developer shall cause property owner to execute and submit to the city engineer for recordation,
the city's standard form Geologic Failure Hold Harmless Agreement.
17. Developer shall cause property owner to execute and submit to the city engineer for recordation
the city's standard form Drainage Hold Harmless Agreement.
18. Prior to approval of any grading or building permits for this project, 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 and/or to the formation or annexation into an additional Street Lighting and Landscaping
District. Said written consent shall be on a form provided by the city engineer.
Grading
19. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a
grading permit for this project is required. Developer shall prepare and submit plans and technical
studies/reports for city engineer review, post security and pay all applicable grading plan review and
permit fees per the city's latest fee schedule.
20. Developer acknowledges that, pursuant to Order No. R9-2013-0001 issued by the California
Regional Water Quality Control Board, new storm water requirements become effective near the
end of 2015, could affect the design of this project. Prior to construction, Developer shall
demonstrate compliance with latest storm water requirements to the satisfaction of the city
engineer.
21. 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,
NCP 14-07-MURRAY RESIDENCE
February 25, 2015
Page 5
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.
22. Developer· shall complete and submit to the city engineer a Project Threat Assessment Form (PTAF)
pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also submit the
appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm Water
Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all 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.
23. Developer rs responsible to ensure that all final design plans (grading plans, landscape plans,
building plans, etc.) incorporate all source control, site design and Low Impact Design {LID) facilities.
24. 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 (e.g.: turf,
landscape areas) all to the satisfaction of the city engineer.
Utilities
25. Developer shall meet with the fire marshal to determine if fire protection measures (fire ilows, fire
hydrant locations, building sprinklers) are required to serve the project. Fire hydrants, if proposed,
shall be considered public improvements and shall be served by public water mains to the
satisfaction of the district engineer.
26. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges for
connection to public facilities.
Code Reminders:
The project is subject to all applicable provisions of local ordinances, including but not limited to the
following:
27. 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.
28. 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.
29. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.