Loading...
HomeMy WebLinkAboutNCP 2022-0006; WHITE ADDITION/ADU; Admin Decision LetterV'Jt~ I 5/z..1/-z.. "3 9FILE COPY ( Cicyof Carlsbad May 23, 2022 Samuel Wright 2911 State Street, Suite A Carlsbad, CA 92008 SUBJECT: NCP 2022-0006 {DEV2022-0218) -WHITE ADDITION/ADU -Request for approval of an addition to an existing, nonconforming, single-story, single-family residence and detached accessory structure. The 790-square-foot addition to the residence will connect the two existing structures to create an 1805-square-foot single-family residence and attached 977-square-foot accessory dwelling unit (ADU), with the ADU being converted from the existing 902-sqaure foot accessory structure and an addition of 138 square feet. The subject property is located at 5232 Los Robles Drive in the One-Family Residential (R- 1) Zone and Local Facilities Management Zone 3. The property is located in the Coastal Zone but is exempt from obtaining a Coastal Development Permit pursuant to CMC 21.201.060(B)(l). Dear Samuel Wright, The City Planner has completed a review of your application for Nonconforming Construction Permit NCP 2022-0006 (DEV2022-0218) for an addition to an existing single-story, single-family residence and detached accessory structure containing a two-car garage, office, and laundry. The 790-square-foot addition to the residence will connect the two existing structures to create an 1805-square-foot single- family residence and attached 977-square-foot accessory dwelling unit (ADU), with the ADU being converted from the existing 902-sqaure foot accessory structure and an addition of 138 square feet. The existing single-family residence is nonconforming due to a side-yard setback of four (4) feet, eight (8) inches, along the southern property line where six (6) feet, three (3) inch, is the standard side-yard setback requirement for the R-1 Zone. Pursuant to Chapter 21.48 of the Carlsbad Municipal Code (CMC) and due to the nonconforming setback and the size of the proposed addition, a Nonconforming Construction Permit is required to be approved. 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 May 15, 2023). 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 and detached accessory structure consistent with the Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2600 NCP2022-0006 (DEV2022-0218) -WHITE ADDITION/ADU May 23, 2023 Page 2 requirements of the R-1 zoning district, with the exception of the existing nonconforming setback for the single-family residence. The existing south side yard setback measures 4' -8" (6' -3" minimum required). The proposed 790-square-foot addition to the residence will provide a 6' -3" setback which complies with the current setback requirement, and the conversion of the accessory structure to an attached accessory dwelling unit (ADU) with 138-square-foot addition is consistent with setback requirements for ADUs. The addition and proposed ADU 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 and an ADU created to promote diversity in housing options and affordability and to enhance the property within the residential zone. The proposed additions meet all current development standards including building height, lot coverage and setback requirements. 3. The expansion 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 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 more square footage and undergo interior and exterior improvements to enhance the property within the residential zone. Furthermore, the creation of an ADU will promote diversity in housing options and affordability. 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 e_nvironment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section Existing Facilities -Section 15301(e), and New Construction or Conversion of Small Structures -Section 15303 of the stat~ 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. NCP2022-0006 (DEV2022-0218) -WHITE ADDITION/ ADU May 23, 2023 Page 3 Conditions: 1. Approval is granted for NCP 2022-0006 (DEV2022-0218) as shown on Exhibits "A" -"K" dated May 17, 2023 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 2022-0006 (DEV2022-0218) 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 3 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 NCP2022-0006 (DEV2022-0218)-WHITE ADDITION/ADU May 23, 2023 Page4 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. Engineering: NOTE: Unless specifically stated in the condition, all ofthe following conditions, upon the approval of this proposed development, must be met prior to approval of a building or grading permit whichever occurs first. General 12. 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. 13. 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. Fees/ Agreements 14. Developer shall cause property owner to apply for, execute, and submit, to the city engineer for recordation, an Encroachment Agreement covering private flagstone walkway, concrete curb and pavers located over existing public right-of-way as shown on the site plan. Developer shall pay processing fees per the city's latest fee schedule. 15. Developer shall cause property owner to enter into a lien contract with the city for the future public improvement of Los Robles Drive along the subdivision frontage for a half street width of thirty-feet. Public improvements shall include but are not limited to paving, base, sidewalks, curbs and gutters, NCP2022-0006 (DEV2022-0218)-WHITE ADDITION/ADU May 23, 2023 Page 5 clearing and grubbing, undergrounding or relocation of utilities, and street lights. Storm Water Quality 16. 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. 17. 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 of the city engineer. Developer shall pay all applicable SWPPP plan review and inspection fees per the city's latest fee schedule. 18. 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 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. Code Reminders: 19. 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. 20. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 17.04.060. 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. NCP2022-0006 (DEV2022-0218)-WHITE ADDITION/ADU May 23, 2023 Page 6 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 Kyle Van Leeuwen at (442) 339-2611. Sincerely, CLIFF JONES Principal Planner CJ:KVL:mh c: Linda Ontiveros, Project Engineer Eric Lardy, City Planner Laserfiche/File Copy Data Entry