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HomeMy WebLinkAbout2004-08-18; Planning Commission; ; V 04-01 - LBC PROJECTThe City of Carlsbad Planning Departme.tt A RE:PORT TO THE PLANNING COMMISSION P.C. AGE:t\IDA OF: August 18, 2004 ItemNo.@ Application complete date: July 8, 2004 Project Planner: Jessica Galloway Project Engineer: Clyde Wickham SUBJECT: V 04-01 -LBC PROJECT -Request for a Variance to allow several deviations from the Planned Development Ordinance (Chapter 21.45) to permit a duplex condominium in the Residential Waterway Zone (R-W), located on the east side of Cove Drive between Park Drive and Marina Drive, in Local Facilities Management Zone 1. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5706, APPROVING Variance V 04-01, based upon the findings contained therein. II. INTRODUCTION The proposed variance request is for deviations from Planned Development Ordinance (Chapter 21.45) to permit a duplex condominium in the Residential Waterway Zone (Chapter 21.22) located on the east side of Cove Drive between Park Drive and Marina Drive. As elaborated below, Staff can make the findings required for the granting of a variance and, therefore, is recommending approval of the request. III. PROJECT DESCRIPTION AND BACKGROUND The applicant is requesting approval of a variance to allow several deviations from the Planned Development Ordinance (PD) to permit a duplex condominium in the Residential Waterway Zone (RW). The property is located on the east side of Cove Drive between Park Drive and Marina Drive. The project is located in the Aqua Hediona Local Costal Plan and is subject the jurisdiction of the California Costal Commission for approval of a Coastal Development Permit. The 0.107 acre site is designated Residential High Density (RH) in the City's General Plan and is zoned RW, with a 5,000 square foot minimum lot size requirement. The lot is an existing legal nonconforming lot of approximately 4,680 square feet. The project meets all development standards for the RW zone but does not meet all the standards of the PD ordinance. Compliance with the PD ordinance is necessary for condominium developments. The project is located in the Bristol Cove community. This is the only community that maintains a private cove inlet for recreational use. Each residential unit is allowed a private boat dock in their backyard. No other community in the City of Carlsbad has such amenities. With the exception of a few lots, the community is characterized with high density, multifamily development. The applicant has received approval from the Bristol Cove association, which is required prior to Planning Commission approval. V 04-01-LBC PROJECT August 18, 2004 Page 2 The following matrix identifies the R W and PD development standards to demonstrate how this project is complying with RW and which PD standards the project is not in compliance with. The applicant is not asking for a variance from the RW standards, only the PD standards. The majority of the Bristol Cove community was not subject to the PD standards as they were not in effect at the time in which the majority of residences were built. RW AND PD DEVELOPMENT STANDARDS RW Standards PD Standards Provided by the 2-family development Applicant Lot Size 5,000 square-feet 7,500 square-feet 4,680 square-feet (legal nonconforming) Lot width 40 feet 70 feet 40 feet Building Height 35 feet 30 feet with 3:12 roof 33.5 feet pitch, 24 feet with less than 3:12 roof pitch Lot coverage 75% 50% 46% Front setback 10 feet 20 feet 10 feet Side setback 4' 5' minimum 4' Rear setback 8' 10' min plus 24' recreation yard Private rear yard No requirement 25' X 25' Approximately 16' x recreation space 15' Parking 1-covered and may 2 car garage 20' x 20' 1 car garage and one be within the front tandem space yard setback and tandem Visitor parl<Jng 1 space A space in parking 1 space and it is allowed in the front bay outside of the located in the front yard setback front yard setback yard setback. Density RH 15-23 Dwelling RH 15-23 Dwelling 18.6 dwelling units units per acre units per acre per acre. Setback from open Not required 5' feet Not provided parking areas Storage Not Required 480 cubic feet 720 cubic feet Table B identifies which PD standards the project does not comply with. In every case the project is able to meet RW standards, the same standards the surrounding properties were subject to. The 4,680 square foot lot was a legally created lot and is consistent and size and shape with other developed lots in the immediate vicinity and should therefore be entitled to similar development rights. V 04-01-LBC PROJECT August 18, 2004 Page 3 TABLEB PD DEVELOPMENT STANDARDS PD Standards Provided by the Applicant 2-family development Lot Size 7,500 square-feet 4,680 square-feet (legal nonconforming) Lot width 70 feet 40 feet Building Height 30 feet with 3:12 roof pitch, 24 33.5 feet feet with less than 3:12 roof pitch Front setback 20 feet 10 feet -Side setback 5' minimum 4' Private rear yard 25' X 25' Approximately 16' x 15' recreation space Parking 2 car garage 20' x 20' 1 car garage and one tandem space Visitor parking A space in parking bay outside of 1 space and it is located in the the front yard setback front yard setback. Setback from open 5' feet Not provided parking areas IV. ANALYSIS According to Section 21.50.030 of the Zoning Ordinance, four findings must be made in order to grant a variance. These findings deal with the existence of extraordinary or exceptional circumstances on the subject property, the necessity of the variance to preserve a substantial property right enjoyed by others, the lack of material detriment to surrounding properties, and the affect of the action on the General Plan. If any one of these findings cannot be made, the variance cannot be approved. Listed below are the required findings as contained in Section 21.50.030. The recommendation of approval for the proposed variance is based upon staff's conclusion that all required findings can be made. 1. "That there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity or zone." The lot is texceptional or extraordinary in that it meets the development standards of the RW zone, and is similar in size and shape to other lots in the same vicinity. The Bristol Cove community is a unique community with an association that maintains a private inlet cove for recreational use, allowing each residential unit a private boat dock in their backyard. The community is almost completely developed with exception of a few vacant lots remaining. Many of the existing residential units consist of duplexes or triplexes. The developments directly to the north and south of the project site are of similar size and use, however they were developed prior to the PD ordinance and were developed to the RW requirements which allow them to achieve 2 units on each lot. The applicant is able to meet all the RW requirements. The PD requirements are unable to be met due to the size and shape of the lot. For example, the lot is too narrow to meet the lot width and the 2 car garage requirements, but is able to meet the RW parking standards. The proposal also is in excess of the PD 30-foot height requirement but is V 04-01-LBC PROJECT August 18, 2004 Page4 consistent with the other residences within the Bristol Cove community and the RW requirement of 35-feet. In addition, the lot is only 4,680 square feet in size. The PD standards require at least a 7,500 square foot lot size for a duplex. This is a unique community with unique zoning (RW). Given the above, there are exceptional or extraordinary circumstances or conditions applicable to the subject property that do not generally apply to other properties in the same vicinity or zone. The existing 4,680 square foot lot was legally created and is consistent in size and shape with other developed lots in the immediate vicinity and should therefore be entitled to similar development rights. Therefore, this required finding can be made. 2. "That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question." The requested variance is necessary for the preservation and enjoyment of a substantial property right in that the other properties in the community have been built as multifamily. As mentioned above this is a unique community which allows for a higher density product by virtue of the RH (15-23 dulac) Land Use designation. If the applicant were to provide only 1 unit, the density would be 9.3 dwelling units to the acre, as opposed to 18.6 dwelling units to acre for 2 units, which is within the allowed range of 15-23 dwelling unit per acre. The existing 4,680 square foot lot was legally created and is consistent in size and shape with other developed lots in the immediate vicinity. Therefore, the granting of the requested variance is necessary for the preservation and enjoyment of a substantial property right possessed by others but denied to the property in question. The required finding can be made. 3. "That the granting of,such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located." The granting of the variance is not injurious to the surrounding property as the construction of a duplex condominium is entirely consistent with surrounding development within the Bristol Cove Community. The duplex condominium is in conformance with all RW zoning requirements. The Bristol Cove Association has reviewed and approved the project proposal. This required finding can be made. 4. "That the granting of such variance will not adversely affect the comprehensive general plan." The General Plan designation for the subject property is High Density Residential (RH) 15-23 dwelling units per acre. The proposed variance would allow the placement of a duplex condominium at 20 dwelling units per acre, which is within the RH range of 15-23 dwelling units per acre. The planned density is also in conformance with the surrounding properties in Bristol Cove. Therefore, the granting of this variance request will not adversely affect the comprehensive general plan. Given the above analysis, staff can make the findings required for the granting of a variance and, therefore, recommends approval of V 04-01 LBC Project. V 04-01-LBC PROJECT August 18, 2004 Page 5 V. ENVIRONMENTAL REVIEW This project is exempt from CEQA per the exemptions listed below: 1. Section 15332 of CEQA exemption (Class 32) exempts the construction of infill development projects in urban areas from environmental review. Notice of exemption will be filed by the Planning Director upon project approvaL A TT A CHl\tlENTS: 1. Planning Commission Resolution No. 5706 2. Location Map 3. Disclosure Statement 4 Background Data Sheet 5. Applicant's Justifications for Variance form 6. Reduced Exhibits 7. Exhibits "A"-"I" dated August 18, 2004 JG:mh LBC PROJECT v 04-01 BACKGROUND DATA SHEET CASE NO: v 04-01 CASENA~E: =L=B~C~P~r~oi~e=ct~----------------------------------------- APPLICA~lT: =Je=rz~y~L=e~w~a=k~----------------------------------------- REQUEST AND LOCATION: Variance for a duplex condominium located on the east side of Cove Drive between Park Drive and Marina Drive. LEGAL DESCRIPTION: Lot 31 of that tract described in map No. 5162, in the City of Carlsbad, County of San Diego, State of California, recorded in the Office of the County Recorder of San Diego County, California, on April23, 1963. APN: 207-150-15 Acres: .107 Proposed No. of Lots/Units: =2..::::u=m=·ts"'--------·----- GENERAL PLAN ANDZONING Land Use Designation: =R=H"'-------------------------- Density Allowed: =15=----=2=3 _____ _ Density Proposed: =20.::;__ ___________ _ Existing Zone: R"-"-'-W"---------Proposed Zone: "-.:R:...:..W.:__ ___________ _ Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site RW RH Vacant North RW RH 2 Unit Condominium South RW RH 3 Unit Condominium East RW OS Bristol Cove West R-1-15,000 RH/RM Single Family PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: ..:::C=ar~ls~b=a=d ___ _ Equivalent Dwelling Units (Sewer Capacity): =2----------------- ENVIRON~ENTAL I~PACT ASSESS~ENT D Negative Declaration, issued'-------------------------- 0 Certified Environmental Impact Report, dated _______________ _ ~ Other, Exempt : Section 15322, construction of infill development projects. Justification for Variance 1 Existllng Circumstances. The property is proposed to be developed as a duplex condominium on an RW zoned lot. The immediate neighborhood, the Bristol Cove Community, is a unique community with an association that maintains a private inlet cove for recreational use, allowing each residential unit to have a private boat dock in their back yard. The community is almost 100% fully developed into multiple units, many duplex units on lots similar to mine, and some triplexes, most if not all are individual condominium units. They were developed before the new PD ordinance was in effect. For example, my lot is almost identical to the lot on its north side (where a duplex condo is located) and to its south side (where a triplex 1 ;k is located). All these lots were created a long time ago and cannot now be enlarged. The lot size and width are insufficient to meet the requirements of the PD ordinance. These are exceptional conditions that do not generally apply to other properties in similar zones. 2 Variance Necessary. The variance requested is necessary in order for me to be able to develop a duplex condominium on my lot, a property right that the rest of the Bristol Cove Community, to which my lot belongs, has already realized, as cited in item #1 examples above. 3 Variance In Harmony with Community. The granting of such a variance will enable the construction of a duplex condominium according to the plans submitted concurrently with this variance application, said duplex being entirely in harmony with the Bristol Cove Community already developed, as evidenced by the enthusiastic approval of my development plans by the Bristol Cove Association. 4 Effect on General Plan. The granting of such a variance will not adversely affect the general plan because the general plan designation for the area is High Density Residential and the development is in density conformity with the surrounding developments.