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HomeMy WebLinkAboutSDP 2018-0011; GOMEZ RENOVATION; Admin Decision Letterj ~~\ul \l·\·IV BFILE COPY Ccityof Carlsbad November 1, 2018 Darren Machulsky 3508 Woodland Way Carlsbad, CA 92008 SUBJECT: Mr. Machulsky, SDP 2018-0011/V 2018-0006 (DEV2018-0108} -GOMEZ RENOVATION -Request for approval of a Minor Site Development Plan and Minor Variance (SOP 2018-0011/V 2018-0006} to allow for the construction of a new single-family home with reduced side- yard setbacks and reduced garage width located on the rear half of an existing 3,500- square-foot lot at 3159 Madison Street, in the Barrio Perimeter (BP) District of the Village and Barrio Master Plan and Local Facilities Management Zone 1. The City Planner has completed a review of your application for a Minor Site Development Plan and Minor Variance (SOP 2018-0011/V 2018-0006) to allow for the construction of a new single-family home with reduced side-yard setbacks and reduced garage width located on the rear half of an existing 3,500· square-foot lot at 3159 Madison Street. The new home will replace an existing home on the rear half of the lot, while one existing home will remain on the front half of the lot. The new home will have two- and-a-half-foot side-yard setbacks on each side of the single-story garage and four-foot side-yard setbacks for the remainder of the home. The garage will have a reduced interior width of at least 19 feet. A notice was sent to property owners within a 300' radius of the subject property requesting comments regarding the above request. Comments were received within the ten-day notice period (ending on September 28, 2018) and a request for an Administrative Hearing was filed. On October 16, 2018, the City Planner held an Administrative Hearing to consider said request. Public testimony was given. After careful consideration of the evidence presented at the Administrative Hearing, the City Planner has made a decision pursuant to Section 21.06.070 of the City of Carlsbad Municipal Code to approve the Minor Site Development Plan and Minor Variance based on the following findings and subject to the conditions listed below. Findings: SOP 2018-0011 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 a single-family home at the rear half of the lot and retaining the unit at the front of the lot is consistent with the allowed land use in the BP District of the Village and Barrio Master Plan. The project, with approval of a Minor Variance (V 2018-0006), complies with the development standards of the Village and Barrio Master Plan and complies with all applicable sections of Community & Economic Development Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov SDP 2018-0011/V 2018-0006 (DEV2018-0108)-GOMEZ RENOVATION November 1, 2018 Pa e 2 Titles 21 of the Carlsbad Municipal Code. Furthermore, the project complies with the design standards of the Village and Barrio Master Plan such as the proposed two-story home steps back the second story as seen from the public alley, minimizes vertical emphasis of architectural design by providing horizontal siding elements along different levels of the wall surface and minimizes blank walls by having multiple windows and at least two main exterior material finishes on ail elevations. 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 demolition of an existing single-family home and the construction of a new single-family home on a 0.08 acre lot currently developed with two, detached single- family homes. The site is bordered by one-and two-story single-family homes to the north, south and west and multi-family residential to the east. The proposed two-story home incorporates stucco, horizontal siding, and white-painted fascia board which is consistent with exterior materials provided on surrounding homes. The project also incorporates vertical board and batten siding on the east and west elevations to provide additional variety and visual interest. Although the proposed home has reduced side setbacks (V 2018-0006), the majority will be a minimum of four feet, which is only one-foot less than typically required for the property. In addition, the proposed second-story balcony has been relocated from the south elevation to the east elevation, so that it no longer faces the existing, adjacent home. The project is designed with a two-car garage accessed from the public alley which is consistent with the adjacent homes and other surrounding development. The proposed project density of 25 dwelling units per acre (du/ac) is within the range of the BP District density range of 23-30 du/ac. The proposed project also complies with the Growth Management Control Point (GMCP) for the BP District (25 du/ac). 3. That the site for the intended development or use is adequate in size and shape to accommodate the use; in that with the exception of the Minor Variance (V 2018-0006) for reduced garage width and reduced side yard setbacks, ail other required development and design criteria required by the Village and Barrio Master Plan (including lot coverage, building height, private and common open space, and design guidelines) are incorporated into the project. 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 ail existing perimeter walls and fences will remain or be reconstructed in compliance with the Village and Barrio Master Plan. In addition, the adjacent properties to the north and south are currently developed with existing single- family homes and the proposed single-family home will replace an existing single-family home in generally the same location. 5. That the street system serving the proposed development or use is adequate to properly handle ail traffic generated by the proposed use; in that the proposed home will be served by Madison Street and a public alley between Madison Street and Roosevelt Street. No increase in the number of dwelling units is proposed, as the project will replace an existing single-family home with a new single-family home. Therefore, the existing streets continue to be adequate to handle the traffic generated by the proposed project. ' J SDP 2018-0011/V 2018-0006 (DEV2018-0108)-GOMEZ RENOVATION November 1, 2018 Pa e 3 V 2018-0006 6. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification in that due to the narrow width of the lot (25 feet), applying the required five-foot side-yard setback of the BP District would result in a maximum building width of only 15 feet which would not allow reasonable use of the property nor would it be adequate for the construction of a standard two-car garage. The two-and-a-half-foot side setback for the garage and the four-foot side setback for the rest of the home allows the property to enjoy privileges similar to other properties in the area. The majority of the lots within the same zone classification enjoy a lot width of at least 50 feet or have been granted a variance for side-yard setbacks. 7. · That the variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located and is subject to any conditions necessary to assure compliance with this finding in that the granting of a variance to allow for the reduction of side-yard setbacks and garage width shall not constitute special privileges inconsistent with the limitation upon other properties in the vicinity in that there are other properties in the Northwest Quadrant of the city which are located on similar, narrow, 25-foot-wide lots which also have been granted variances for reduced side-yard setbacks. 8. That the variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property in that a single-family home is a permitted use in the BP District of the Village and Barrio Master Plan when developed as two or more detached units on one lot. The proposed single-family home will replace one existing single- family home and the other existing single-family home will remain as-is. Therefore, the proposed project does not authorize a use or activity which is not authorized by the zone. 9. That the variance is consistent with the general purpose and intent of the general plan and any applicable specific or master plans in that the proposed variance is consistent with the Village and Barrio Master Plan which states goals to maintain and enhance the predominantly residential character of the Barrio by encouraging a range of housing types and to promote infill development and private reinvestment in property in a way that protects and enhances the character of the Village and Barrio yet provides enough flexibility and opportunity for quality growth. 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 15303 -New Construction or Conversion of Small Structure 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 and Minor Variance 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. SDP 2018-0011/V 2018-0006 (DEV2018"0108)-GOMEZ RENOVATION . November 1, 2018 Pa e4 12. The City Planner has reviewed each of the exactions imposed on the Developer contained in this approval 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. Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to grading permit or building permit, whichever occurs first. 1. Approval is granted for SDP 2018-0011/V 2018-0006 as shown on Exhibits "A" -"C" dated November 1, 2018 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 Minor Variance. 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 Minor Variance 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, ~his 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 Minor Variance, (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. SDP 2018-0011/V 2018-0006 (DEV2018-0108)-GOMEZ RENOVATION November 1, 2018 Pa e 5 7. 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. 8. 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. 9. 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. 10. Developer shall report, in writing, to the City Planner within 30 days, any address change from that which is shown on the permit application. 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. 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 Minor Variance 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. Code Reminders: 13. 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. SDP 2018-0011/V 2018-0006 (DEV2018-0108}-GOMEZ RENOVATION November 1, 2018 Pa e 6 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 $876.00. 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 Chris Garcia at 760-602-4622. Sincerely, TERI DELCAMP Principal Planner TD:CG:dh c: Michael Gomez, 3159 Madison Street #B, Carlsbad, CA 92008 David Rick, Project Engineer Don Neu, City Planner HPRM/File Copy Data Entry