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Home My WebLink AboutNCP 2022-0003; DJOKICH JUNIOR ACCESSORY DWELLING UNIT; Admin Decision LetterMay 31, 2022 Milan Djokich Y)t ~ ✓ &,-/-'2-- E)FILE COPY~11-('city of Carlsbad 2955 Valley Street Carlsbad, CA 92008 SUBJECT: NCP 2022-0003 (DEV2022-0078) -DJOKICH JUNIOR ACCESSORY DWELLING UNIT - Request for approval of a Nonconforming Construction Permit (NCP 2022-0003) to allow the addition of an approximately 332-square-foot junior accessory dwelling unit to an existing single-family home, which is currently nonconforming due to existing nonconforming front and side setbacks as well as interior garage width dimension. The subject property is located at 2955 Valley Street, in the One-family Residential (R-1) Zone and Local Facilities Management Zone 1. The property is not located in the Coastal Zone. Dear Mr. Djokich, The City Planner has completed a review of your application for a Nonconforming Construction Permit (NCP 2019-0003) for an 830-square-foot addition with an exterior remodel to an existing single-family home located at 2955 Valley Street. The existing property is currently developed with a single-family residence consistent with the requirements of the R-1 zoning district, with the exception of the existing nonconforming setbacks and interior garage width. The existing front yard setback measures 19' -6" (20 feet minimum required), the north side yard setback measures 4' -11" (6' -11" minimum required), and the south side yard setback measures 3' -11" (6' -11" minimum required). The proposed addition will comply with current setback requirements. The existing interior garage width measures 18' -8" where a minimum of 20 feet is required. The project does not propose any alterations to the existing garage dimensions. A minimum of two off-street parking spaces is provided on-site consistent with Carlsbad Municipal Code (CMC) Section 21.48.050(A)(3). A notice was sent to property owners within a 300-foot radius of the subject property requesting comments regarding the above request. No comments were received within the ten-day notice period (ending on May 30, 2022). 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 of the structure and 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 residence consistent with the requirements of the R-1 zoning district, with the exception of the existing nonconforming setbacks and interior garage width. The existing front yard setback measures 19' -6" (20 feet minimum required), the north side yard setback measures 4' -11" (6' -11" minimum required), and the south side yard setback measures 3' -11" (6' -11" minimum required). The proposed 322-square-foot addition to accommodate a Community Development Department Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov NCP 2022-0003 (DEV2022-0078) -DJOKICH JUNIOR ACCESSORY DWELLING UNIT "V"03 "'t! ..... , . May 31 2022 • \~ : a -~ ~ J "· > ' ' . i.;..'",t •~;,.,}il~~ J Pa e 2 ·~-- junior accessory dwelling unit {JADU) will provide a 6' -11" setback which complies with the current setback requirement. The existing garage width measures 18' -8" where a minimum of 20 feet is required. The project does not propose any alterations to the existing garage dimensions. A minimum of two off-street parking spaces is provided on-site consistent with CMC Section 21.48.050{A)(3). The proposed 322-square-foot JADU complies with all applicable codes and standards and the use of the property will continue to be single-family residential, which is compatible with the surrounding single-family residential uses to the north, south, east, and west of the project site. 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 existing home will be expanded to allow a junior accessory dwelling unit to promote diversity in housing options and affordability and to enhance the property within the residential zone. The proposed addition meets all current development standards including building height, lot coverage and setback requirements. 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 construction 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 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 neighborhood in which it is located in that the use of the property will continue to be used as a single-family residence and the existing home will be expanded to allow for a junior accessory dwelling unit {JADU) to promote diversity in housing options and affordability and to enhance the property within the residential zone. The proposed 322-square-foot JADU addition meets all current development standards including building height, lot coverage and setback requirements. Furthermore, the JADU will complement the existing single-family residence in that the project will match the existing home in architectural style, materials, and colors. 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 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 of the exaction is in rough proportionality to the impact caused by the project. ' .. NCP 2022-0003 (DEV2022-0078) -DJOKICH JUNIOR ACCESSORY DWELLING UNIT May 31, 2022 Pa e 3 Conditions: 1. Approval is granted for NCP 2022-0003 as shown on Exhibits "A" -"K" dated May 31, 2022 on file in the Plannfng 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. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the NCP 2022-0003 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 waves or emissions. 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. 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 provide 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 NCP 2022-0003 (DEV2022-0078) -DJOKICH JUNIOR ACCESSORY DWELLING UNIT May 31, 2022 Pa e4 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 ofproject 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. Code Reminders: 12. 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. < ..... NCP 2022-0003 (DEV2022-0078) -DJOKICH JUNIOR ACCESSORY DWELLING UNIT May 31, 2022 Pa e 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 $786. 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 Jessica Evans at (442) 339-2631. Sincerely, DON NEU City Planner DN:JE:mh c: Milan Djokich, 2955 Valley St, Carlsbad, CA 92008 Emad Elias, Project Engineer Don Neu, City Planner Data Entry/File Copy