The URL can be used to link to this page

Home My WebLink AboutV 2020-0007; VIOLA RESIDENCE; Admin Decision LetterNovember 16, 2021 Robert Sukup The Sea Bright Company 4322 Sea Bright Place Carlsbad, CA 92008 SUBJECT: V 2020-0007 (DEV2020.:.0233) -VIOLA RESIDENCE {'city of Carlstiad E]FILE COPY '/If M 'k-1 II /11 /21 The City Planner has completed a review of your application for an Administrative Variance, V 2020-0007 on property generally located south of Hoover Street west of Adams Street, identified as Parcel 1 of Parcel Map No. 21698, Assessor's Parcel Number 206-172-10-00. This administrative variance allows for a 6-foot- tall masonry wall to be constructed within the front yard setback for the portion of the parcel fronting Hoover Street. After careful consideration of the circumstances surrounding this request, the City Planner has determined that the four findings required for granting an Administrative Variance can be made and therefore, approves this request based on the following findings and conditions. Findings: Variance: 1. 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 th2 subject six-foot masonry wall is located on property within 20-feet of the Hoover Street right-of-way and the properties located directly across the street have allowable walls/fences (approximately six-feet high) within 20-feet of the Hoover Street right-of-way. The subject property and properties across the street are located within the same R-1-15000 zoning classification. Allowance of the subject six-foot masonry wall would provide the same privileges currently enjoyed by properties located across the street that have allowable walls/fences (approximately six-feet high} within 20-feet of the Hoover Street right-of-way. Furthermore, these properties are located at the end of a cul-de-sac adjacent a public access point to the Agua Hedionda Lagoon where pedestrian traffic creates a situation where privacy and security are of concern for adjacent property owners making six-foot tall walls/fences desirable for privacy and security reasons. Allowing the subject six-foot masonry wall would provide the same privileges (i.e. privacy and security} currently enjoyed by properties located across the street that have allowable walls/fences (approximately six-feet high} within 20-feet of the Hoover Street right-of-way. 2. 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 subject six-foot masonry wall is approved to ensure the subject property receives the same benefits (e.g. privacy Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov V 2020-0007 (DEV2020-0233) -VIOLA RESIDENCE November 16, 2021 Page 2 and security) that properties located directly across Hoover Street receive by having a six-foot wall fronting Hoover Street. These properties are located at the end of a cul-de-sac adjacent a public access point to the Agua Hedionda Lagoon where pedestrian traffic creates a situation where privacy and security are of concern for adjacent property owners, which makes six-foot tall walls desirable for privacy and security reasons. 3. 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 the use of the subject property (i.e. single- family home) does not change with the approval of the six-foot masonry wall. A single-family home is a permitted use within the R-1-:J,5000 zone. 4. That the variance is consistent with the general purpose and intent of the general plan in that the granting of a variance to allow the subject six-foot masonry wall is consistent with the general purpose and intent of the General Plan for the Residential R-4 land use designation, which allows residential uses by right. General Findings 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-Existing Facilities -in that the project involves no expansion of the existing single-family use for the property, which is allowed by right in the R-1-15000 zone. 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 of the exaction is in rough proportionality to the impact caused by the project. Conditions: 1. Prior to approval of the Variance V 2020-0007, the Developer shall apply for and obtain approval of a Coastal Development Permit issued by the California Coastal Commission or its successor in interest, that substantially conforms to this approval. A signed copy of the Coastal Development Permit must be submitted to the City Planner. If the approval is substantially different, an amendment to Variance V 2020-0007 shall be required. 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 Variance V 2020-0007. V 2020-0007 (DEV2020-0233) -VIOLA RESIDENCE November 16, 2021 Page 3 3. Approval is granted for Variance V 2020-0007 as shown on Exhibits "A", dated November 16, 2021, on file in the Planning Division and incorporated herein by reference. Development shall occur substantially as shown unless otherwise noted in these conditions. 4. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Variance V 2020-0007 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 Exhibi,ts. Any proposed development, different from this approval, shall require an amendment to this approval. 5. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 6. 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, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. 7. 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 Variance V 2020-0007, (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. 8. Developer shall submit to the City a Notice of Restriction executed by the owner of the real property to be developed. Said notice is 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 Variance V 2020-0007 by City Planner letter of approval 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: 9. 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. V 2020-0007 (DEV2020-0233) -VIOLA RESIDENCE November 16, 2021 Page4 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; to planning, zoning, grading, or other similar application processing or service fees in connection with this project; or 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 $786.00. 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 to contact Jason Goff at (760) 602-4643. Sincerely, CLIFF JONES Principal Planner CJ:JG:mf c: Ted Viola, 1095 Hoover Street, Carlsbad, CA 92008 Don Neu, City Planner David Rick, Project Engineer Data Entry Laserfiche/File Copy