HomeMy WebLinkAboutNCP 2022-0002; DE FREITAS RESIDENCE; Admin Decision Letter{"Cityof
Carlsbad
October 17, 2022
8FILE COPY
Patiane De Freitas
4339 Park Drive
Carlsbad, CA 92008
SUBJECT: NCP 2022-0002 (DEV2022-0056) -DE FREITAS RESIDENCE -Request for approval of a
Nonconforming Construction Permit {NCP 2022-0002) to allow for a 1,977-square-foot
addition, 1,200-sqaure-foot attached garage, 800-square-foot covered porch and a
remodel to an existing single-family residence. The subject property is located at 4339
Park Drive in the One-Family Residential (R-1) Zone and Local Facilities Management Zone
1. The property is located in the Coastal Zone but is exempt from obtaining a Coastal
Development Permit pursuant to CMC 21.201.060{8)(1).
Dear Ms. De Freitas,
The City Planner has completed a review of your application for Nonconforming Construction Permit NCP
2022-0002 (DEV2022-0056) for a 1,977-square-foot addition, 1,200-sqaure-foot attached garage, 800-
square-foot covered porch and a remodel to an existing single-family residence (Unit 2) at 4339 Park Drive.
The property is currently developed with two single-family residences (Units 1 and 2) with no covered
parking. Carlsbad Municipal Code (CMC) Section 21.10.020, Table A, permits one, one-family dwelling in
the R-1 zone. The two detached residences were built in the 1940s, prior to October 16, 1956, the date
in which the R-1 zone was created. Therefore, the existing dwellings are considered legal nonconforming
and are subject to Carlsbad Municipal Code (CMC) Ch.apter 21.48, Nonconforming Lots, Structures and
Uses. CMC Section 21.44.020, Table A, requires two parking spaces within a 20' by 20' two-car garage or
two separate one-car garages measuring 12' by 20' for single-family residences. The applicant proposes
to construct a 1,200-square-foot, attached, three-car garage for the remodeled unit (Unit 2), thus bringing
the residence into conformance with the requirement for two covered parking stalls. The proposed
addition, garage, remodel and porch will comply with current height, setback, story and all other
requirements of the R-1 zone. The property will remain nonconforming as it relates to the number of
units and the requirement for two covered parking spaces for the other single-family residence (Unit 1).
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
October 13, 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.
Community Development Department
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov
NCP 2022-0002 (DEV2022-0056) -DE FREITAS RESIDENCE
October 17, 2022
Pa e 2
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 a 1,977-square-foot
addition, 1,200-sqaure-foot attached garage, 800-square-foot covered porch and a remodel to an
existing single-family residence (Unit 2) is proposed at 4339 Park Drive. The property is currently
developed with two single-family residences (Units 1 and 2) with no covered parking. Carlsbad
Municipal Code (CMC) Section 21.10.020, Table A, permits one, one-family dwelling in the R-1 zone.
The two detached residences were built in the 1940s, prior to October 16, 1956, the date in which
the R-1 zone was created. Therefore, the existing dwellings are considered legal nonconforming
and are subject to Carlsbad Municipal Code (CMC) Chapter 21.48, Nonconforming Lots, Structures
and Uses. CMC Section 21.44.020, Table A, requires two parking spaces within a 20' by 20' two-car
garage or two separate one-car garages measuring 12' by 20' for single-family residences. The
applicant proposes to construct a 1,200-square-foot, attached, three-car garage for the remodeled ·
unit (Unit 2), thus bringing the residence into conformance with the requirement for two covered
parking stalls. The proposed addition, garage, remodel and porch will comply with current height,
setback, story and all other requirements of the R-1 zone. The property will remain nonconforming
as it relates to the numb.er of units and the requirement for two covered parking spaces for the
other single-family residence (Unit 1). Two uncovered parking stalls are however available in front
of Unit 1. The use of the property will continue to be residential, which is compatible with the
surrounding 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 21.48.0S0(A)(3) of this chapter in that the
existing two-bedroom home (Unit 2} will be expanded and remodeled to add three additional
bedrooms, a laundry room, a larger kitchen and living room, an attached porch and an attached
three-car garage. The proposed addition meets all current development standards of the R-1 zone,
including but not limited to height, setbacks, and lot coverage.
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 the construction plans will be reviewed for
consistency with applicable fire protection and building codes prior to issuance of the building
permit. 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 property will continue to be residential and the existing 743-square-foot home (Unit 2}
will be expanded and remodeled to add three additional bedrooms, a laundry room, a larger kitchen
and living room, an attached porch and an attached three-car garage. Expansions and remodels are
common for the neighborhood, and the project complements the surrounding residences as it will
be,similar in size. The project also meets all applicable development standards for the R-1 zone,
including but not limited to height, setbacks and lot coverage.
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
NCP 2022-0002 (DEV2022-0056)-DE FREITAS RESIDENCE
October 17, 2022
Pa e 3
documents pursuant to Section 15301(e){2) -Existing Facilities and Section 15303(e) -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. 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. Approval is granted for NCP 2022-0002 (DEV2022-0056) as shown on Exhibits "A" -"I" dated October
17, 2022 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.
3. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the NCP 2022-0002 (DEV2022-0056) 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. 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.
NCP 2022-0002 (DEV2022-0056}-DE FREITAS RESIDENCE
October 17, 2022
Page4
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
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.
12. The project shall avoid clearing the Lemonadeberry plant adjacent to Unit 2 . If removal is required
per the Carlsbad Fire Department, then removal shall be limited to the areas only required to meet
Carlsbad Fire Department requirements. Any removal shall be reviewed and approved by both City
Fire Department and City Planning Division.
Engineering:
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 building or grading permit whichever occurs
fast.
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.
NCP 2022-0002 (DEV2022-0056} -DE FREITAS RESIDENCE
October 17, 2022
Pa e 5
15. Developer shall include rain gutters on the building plans subject to the city engineer's review and
approval. Developer shall install rain gutters in accordance with said plans.
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. Developer shall cause property owner to enter into a Future Improvement Agreement with the city
on a city standard form for the future public improvement of Park Drive along the property frontage
for a westerly street width of 33-feet. Public improvements shall include but are not limited to paving,
base, sidewalks, curb and gutter. It is intended that the future improvements will be installed after
drainage improvements are constructed along the frontage that would allow for installation of curb,
gutter, sidewalk, etc. It is anticipated that drainage improvements would be made by the city or
future subdivider of the fronting property.
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 as required by city engineer, post security and pay all applicable grading plan review
and permit fees per the city's latest fee schedule.
Storm Water Quality
20. 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,
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.
21. Developer shall complete and submit to the city engineer a Determination of Project's SWPPP Tier
Level and Construction Threat Level Form pursuant to City Engineering Standards. Developer shall
also submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level Storm
Water Pollution Prevention Plan (SWPPP) to the satisfaction ofthe city engineer. Developer shall pay
all applicable SWPPP plan review and inspection fees per the city's latest fee schedule.
22. Developer shall complete the City of Carlsbad Standard Stormwater Requirement Checklist Form.
Developer is responsible to ensure that all final design plans, grading plans, and building plans
incorporate applicable best management practices (BMPs). These BMPs include site design, source
control and Low Impact Design (LID) measures including, but not limited to, minimizing the use of
NCP 2022-0002 (DEV2022-0056) -DE FREITAS RESIDENCE
October 17, 2022
Pa e 6
impervious area (paving), routing run-off from impervious area to pervious/landscape areas,
preventing illicit discharges into the storm drain and adding storm drain stenciling or signage all to
the satisfaction of the city engineer.
Utilities
23. Developer shall meet with the fire marshal to determine if fire protection measures (fire flows, 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.
24. Developer is responsible to ensure all existing overhead utilities servicing the subject property are to
be to the satisfaction of the city engineer. No new or relocated utility poles are allowed.
Code Reminders:
25. 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.
26. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section
17.04.060.
NCP 2022-0002 (DEV2022-0056) -DE FREITAS RESIDENCE
October 17, 2022
Pa e 7
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 $847. 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
Lauren Yzaguirre at (442) 339-2634.
Sincerely,
CLIFF JONES
Principal Planner
CJ:LY:JC
c: Nichole Fine, Project Engineer
Eric Lardy, City Planner
Laserfiche/File Copy
Data Entry