MONTEREY COUNTY ZONING ADMINISTRATOR

Transcription

1 MONTEREY COUNTY ZONING ADMINISTRATOR Meeting: February 10, 9:45 AM Agenda Item D-7 Project Description: Combined Development Permit (Shachmut; PLN040627) consisting a Coastal Administrative Permit to allow first floor (2,242 square foot existing, 2,599 square foot total proposed) and second floor (690 square feet existing, 1,045 square feet total proposed) additions, and replacement a first floor deck (358 square feet existing, 466 square feet proposed) within a scenic road corridor; a Coastal Development Permit for development within 750 feet archaeological resources; a Variance to exceed allowable lot coverage (15%) for a total coverage 17.61% and to allow portions the residence which are legal nonconforming as to setbacks to remain; and Design Approval. Project Location: 133 Carmel Riviera Drive, Carmel, southwesterly Carmel Riviera Drive, COASTAL ZONE. APN: Planning : PLN Name: Shachmut Plan Area: Carmel (Yankee Point) Flagged and Staked: Zoning Designation: LDR/1-D CEQA Action: Exempt per (e) (1) Department: Planning and Building Inspection RECOMMENDATION: Approve the Combined Development Permit that includes a Variance based on Findings and Evidence (Exhibit A) and subject to proposed conditions (Exhibit B) PROJECT ISSUES: Variance request: The project will not include any work on or within portions the structure which are legal nonconforming as to setbacks. The request for a Variance involves increasing the allowable 15% site coverage in a Low Density Residential district with new first floor additions. Habitable area site coverage versus outdoor deck area coverage: The actual habitable area the proposed additions an expansion 353 square feet the existing first-floor living and dining room areas--is total site coverage approximately 14.93% (2,599 square feet on a 17,406 square foot lot). It is the further addition a new 466 square foot deck over 24 inches above grade that counts as an added structure pursuant to Title 20 and that places the proposed structural lot coverage over 15% by 2.6%. The proposed deck serves to extend the indoor living and dining floor areas to an outdoor space. In order for the deck s finished floor elevation to meet the living and dining room finished floor elevation on a gently sloping site, the deck must be attached at 3 feet 9 inches above grade, unless attached to the indoor area by steps down to about a 10% sloping grade. Placing a deck or patio on grade at the lower elevation, while perhaps not counted as site coverage by definition, would still require some structural support or fill in order to level an outdoor patio space on the slope. Attaching the deck at dining and living room floor level makes the deck a more convenient or livable space and contributes to the habitable additions recommended by the Carmel Highlands Land Use Advisory Committee (see below).

2 OTHER AGENCY INVOLVEMENT: Water Resources Agency Parks Department Environmental Health Division Carmel Highlands Fire Protection District Public Works Department Carmel Highlands Land Use Advisory Committee All have reviewed this project. The Water Resources Agency recommends water conservation measures and the Fire Protection District recommends added fire sprinkler equipment and defensible space conditions (Exhibit B ). The Carmel Highlands Land Use Advisory Committee (LUAC) reviewed the project on October 18, 2004 and recommend approval (4-0 with 3 absent) with no recommended changes or conditions. Comments include the observation that the house [proposed additions habitable space] itself meets the allowable coverage. The deck is the structure that creates the need for a variance, but will enhance the look the residence at the rear. The additions will make the entire project look like the design is integrated, an improvement from the original second story addition that looked like a rectangular box simply dropped on the ro top. (Exhibit "C"). Note: The decision on this project is appealable to the Planning Commission. David E. Lutes, Project Planner (831) lutesd@co.monterey.ca.us February 27, 2005 cc: Zoning Administrator; ; File Attachments: Exhibit A: Project Information Sheet Exhibit B: Findings and Evidence Exhibit C: Conditions Approval Exhibit D: Carmel Highlands LUAC Comments Exhibit E: Letter Justification for the Variance Exhibit F: Site Vicinity Map This report reviewed by Lynne Mounday, Planning and Building Services Manager. 2

3 Exhibit A 3

4 EXHIBIT B RECOMMENDED FINDINGS AND EVIDENCE 1. FINDING: The Combined Development Permit with subject Variance and Design Approval (Shachmut; PLN040627), as described in condition #1 the attached Exhibit C, is a Variance request to exceed allowable lot coverage (15%) for a total coverage 17.61%. The project allows portions the residence which are legal nonconforming as to setback to remain. The project shall not allow any work on or within the portions the structure which are legal nonconforming as to setback. The property is located at 133 Carmel Riviera Drive, Carmel (Assessor s Parcel ) southwesterly Carmel Riviera Drive in the Coastal Zone. The location is zoned for Low Density Residential, or LDR, 1 unit/1 acre in a Design-Control area with a 26 foot height limit. Except for the Variance request, the project, as conditioned, conforms with the plans, policies, requirements and standards the General Plan, Carmel Area Plan, Part 4 the Coastal Implementation Plan and the Monterey County Zoning Ordinance (Title 20). The subject property is in compliance with all rules and regulations pertaining to zoning uses, subdivision, and any other applicable provisions Title 20 and any zoning violation abatement costs have been paid. EVIDENCE: The Planning and Building Inspection staff reviewed the project, as contained in the application and accompanying materials, for conformity with the General Plan, the Carmel Area Plan and the Coastal Implementation Plan. EVIDENCE: The application and plans submitted for the Variance, including the justification letter, in the project file (PLN040627) at the Monterey County Planning and Building Inspection Department. EVIDENCE: Design Approval Request form with plans recommended for approval by the Carmel Highlands Land Use Advisory Committee. EVIDENCE: Chapter and the Monterey County Zoning Ordinance, Title 20. Staff verification the Monterey County Planning and Building Inspection Department records indicated that no violations exist on subject property. 2. FINDING: The proposed project will not have a significant environmental impact. EVIDENCE: Section (c) the Monterey County CEQA Guidelines categorically exempts the proposed development from environmental review. No adverse environmental impacts were identified during staff review the development application. EVIDENCE: A Soil Engineering Investigation report has been prepared for the subject parcel by LandSet Engineers, Inc., dated July The investigation finds the project feasible without potential significant impacts provided that the recommendations included in the report are implemented during construction. Condition no. 4 found in the attached Conditions Approval require a recorded Notice this report and that all development shall be in accordance with this report. EVIDENCE: An Archaeological Report was prepared by Archaeological Consulting, dated June 8, Because no surface evidence potentially significant archaeological materials was seen on the parcel, the archaeological consultants recommend that the proposed construction not be delayed for archaeological reasons. Condition 3 found in the 4

5 attached Conditions Approval requires that work be stopped if cultural, archaeological, historical or paleontological resources are uncovered, and the project planner and archaeologist visit the site immediately to determine the extent the resources and to develop proper mitigation measures required for the discovery. EVIDENCE: The addition to an existing residence does not have a potentially significant visual impact upon the public views from the Highway One Scenic Corridor. The subject parcel is a block west said Highway, screened by intervening vegetation and residences. 3. FINDING: Because special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application Title 20 is found to deprive subject property privileges enjoyed by other properties in the vicinity and under identical zone classification. EVIDENCE: The proposed habitable additions are within the allowable limits site coverage. It is only the proposed deck extension that causes the new additions to exceed site coverage by 2.6%, but justified by the average 10% sloping topography to provide a 466 square foot outdoor level surface as an extension the dining and living rooms. EVIDENCE: The application and plans submitted for the Variance, including the justification letter, in the project file PLN at the Monterey County Planning and Building Inspection Department. 4. FINDING: The Variance does not constitute a grant special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. EVIDENCE: The applicant has provided a list homes in the immediate neighborhood which also exceed the 15% site coverage requirement and have been granted a variance on site coverage since EVIDENCE: The application and plans submitted for the Variance, including the justification letter, in the project file PLN at the Monterey County Planning and Building Inspection Department. 5. FINDING: The Variance does not grant a use or activity that is not otherwise expressly authorized by the zone regulation governing the parcel property. EVIDENCE: The deck is a typical residential attached protrusion allowed within the Low Density Residential District, but defined as a structure only when twenty-four inches or more above grade according to Title FINDING: The qualifications Findings 3 and 4 apply to the land, structure, or use which the Variance is sought. EVIDENCE: The Variance is a request to exceed the allowed site coverage. As described in Findings 3 and 4, a Variance can only be approved where the limitation causing the Variance request meets all the following criteria: 1) a physical constraint related to the subject property, 2) deprives the property privileges enjoyed by other similarly situated properties, and 3) the Variance would not be a grant special privileges 5

6 inconsistent with other similarly situated properties. See evidence for Findings 3 and FINDING: The project is appealable to the Board Supervisors. EVIDENCE: Section A the Monterey County Zoning Ordinance (Title 20). 6

7 Exhibit C Monterey County Planning and Building Inspection Condition and/or Mitigation Monitoring Reporting Plan Project Name: SHACHMUT File No: PLN APNs: Approval by: Zoning Administrator Date: 2/10/2005 *Monitoring or Reporting refers to projects with an EIR or adopted Mitigated Negative Declaration per Section the Public Resources Code. Permit Cond. Mitig. Conditions Approval and/or Mitigation Measures and Responsible Land Use Department or Monitoring Actions to be performed. Where applicable, a certified pressional is required for action to be accepted. Responsible Party for Timing Verification (name/date) 1. SPECIFIC USES ONLY : This Combined Development Permit (SHACHMUT; PLN040627) allows first floor (2,599 square foot) and second floor (1,045 square foot) additions, and replacement a first floor deck (466 square foot) within a Scenic Road Corridor; development within 750 feet archaeological resources: a Variance to exceed allowable lot coverage (15%) for a total coverage 17.61% and to allow portions the residence which are legal nonconforming as to setback to remain: and Design Approval. The project shall not allow any work on or within the portions the structure which are legal nonconforming as to setback. The project is located at 133 Carmel Riviera Drive, Carmel (Assessor s Parcel ), southwesterly Carmel Riviera Drive, Coastal Zone. Adhere to conditions and uses specified in the permit. Ongoing unless otherwise stated This permit was approved in accordance with County ordinances and land use regulations subject to the following terms and conditions. Neither the uses nor the construction allowed by this permit shall commence unless and until all the conditions this permit are met to the satisfaction the Director Planning and Building Inspection. Any use or construction not in substantial conformance with the terms and conditions this permit is a violation County regulations and may result in modification or revocation this permit and subsequent legal action. No use or construction other than that specified by this permit is allowed unless additional permits are approved by the appropriate authorities. (Planning and Building Inspection) PLANNING & BUILDING INSPECTION DEPARTMENT CONDITIONS OF APPROVAL

8 Permit Cond. Mitig. Conditions Approval and/or Mitigation Measures and Responsible Land Use Department 2. NOTICE-PERMIT APPROVAL The applicant shall record a notice which states: "A permit (Resolution ) was approved by the Zoning Administrator for Assessor's Parcel on February 10, The permit was granted subject to 9 conditions approval which run with the land. A copy the permit is on file with the Monterey County Planning and Building Inspection Department." Pro recordation this notice shall be furnished to the Director Planning and Building Inspection prior to issuance permits or commencement the use. (Planning and Building Inspection) 3. STOP WORK - RESOURCES FOUND If, during the course construction, cultural, archaeological, historical or paleontological resources are uncovered at the site (surface or subsurface resources) work shall be halted immediately within 50 meters (165 feet) the find until a qualified pressional archaeologist can evaluate it. The Monterey County Planning and Building Inspection Department and a qualified archaeologist (i.e., an archaeologist registered with the Society Pressional Archaeologists) shall be immediately contacted by the responsible individual present on-site. When contacted, the project planner and the archaeologist shall immediately visit the site to determine the extent the resources and to develop proper mitigation measures required for the discovery. (Planning and Building Inspection) 4. NOTICE OF REPORT: issuance or grading permits, a notice shall be recorded with the Monterey County Recorder which states: A Soil Engineering Investigation report has been prepared for this parcel by LandSet Engineers, Inc., dated July 2004 and is on record in the Monterey County Planning and Building Inspection Department Library No.. All development shall be in accordance with this report." (Planning and Building Inspection) or Monitoring Actions to be performed. Where applicable, a certified pressional is required for action to be accepted. Pro recordation this notice shall be furnished to PBI. Stop work within 50 meters (165 feet) uncovered resource and contact the Monterey County Planning and Building Inspection Department and a qualified archaeologist immediately if cultural, archaeological, historical or paleontological resources are uncovered. When contacted, the project planner and the archaeologist shall immediately visit the site to determine the extent the resources and to develop proper mitigation measures required for the discovery. Pro recordation this notice shall be furnished to PBI. Responsible Party for / Archaeologist Timing Issuance grading and permits or start use. Ongoing issuance grading and permits Verification (name/date) 8

9 Permit Cond. Mitig. Conditions Approval and/or Mitigation Measures and Responsible Land Use Department or Monitoring Actions to be performed. Where applicable, a certified pressional is required for action to be accepted. Responsible Party for Timing Verification (name/date) 5. LIGHTING EXTERIOR LIGHTING PLAN All exterior lighting shall be unobtrusive, harmonious with the local area, and constructed or located so that only the intended area is illuminated and f-site glare is fully controlled. The applicant shall submit 3 copies an exterior lighting plan which shall indicate the location, type, and wattage all light fixtures and include catalog sheets for each fixture. The exterior lighting plan shall be subject to approval by the Director Planning and Building Inspection, prior to the issuance permits. (Planning and Building Inspection) Submit three copies the lighting plans to PBI for review and approval. issuance permits. CARMEL HIGHLAND FIRE CONTROL DISTRICT CONDITIONS OF APPROVAL 6. ADDRESSES FOR BUILDINGS All s shall be issued an address in accordance with Monterey County Ordinance No Each occupancy, except accessory s, shall have its own permanently posted address. When multiple occupancies exist within a single, each individual occupancy shall be separately identified by its own address. Letters, numbers and symbols for shall incorporate specification into design and enumerate as Fire Dept. Notes on plans. issuance permit 9

10 Permit Cond. Mitig. Conditions Approval and/or Mitigation Measures and Responsible Land Use Department addresses shall be a minimum 4-inch height, 1/2-inch stroke, contrasting with the background color the sign, and shall be Arabic. The sign and numbers shall be reflective and made a noncombustible material. Address signs shall be placed at each driveway entrance and at each driveway split. Address signs shall be and visible from both directions travel along the road. In all cases, the address shall be posted at the beginning construction and shall be maintained thereafter. Address signs along one-way roads shall be visible from both directions travel. Where multiple addresses are required at a single driveway, they shall be mounted on a single sign. Where a roadway provides access solely to a single commercial occupancy, the address sign shall be placed at the nearest road intersection providing access to that site. Permanent address numbers shall be posted prior to requesting final clearance. (Responsible Land Use Department: Carmel Highlands Fire District.) or Monitoring Actions to be performed. Where applicable, a certified pressional is required for action to be accepted. shall schedule fire dept. clearance inspection Responsible Party for Timing final inspection. Verification (name/date) 7. DEFENSIBLE SPACE REQUIREMENTS - Remove combustible vegetation from within a minimum 30 feet structures. Limb trees 6 feet up from ground. Remove limbs within 10 feet chimneys. Additional and/or alternate fire protection or firebreaks approved by the fire authority may be required to provide reasonable fire safety. Environmentally sensitive areas may require alternative fire protection, to be determined by Reviewing Authority and the Director Planning and Building Inspection. (Responsible Land Use Department: Carmel Highlands Fire District.) 8. FIRE PROTECTION EQUIPMENT & SYSTEMS - FIRE SPRINKLER SYSTEM (STANDARD) The (s) and attached garage(s) shall be fully protected with automatic fire sprinkler system(s). Installation shall be in accordance with the applicable shall incorporate specification into design and enumerate as Fire Dept. Notes on plans. shall schedule fire dept. clearance inspection shall enumerate as Fire Dept. Notes on plans. issuance grading and/or permit. final inspection issuance permit. 10

11 Permit Cond. Mitig. Conditions Approval and/or Mitigation Measures and Responsible Land Use Department or Monitoring Actions to be performed. Where applicable, a certified pressional is required for action to be accepted. Responsible Party for Timing Verification (name/date) NFPA standard. A minimum four (4) sets plans for fire sprinkler systems must be submitted by a California licensed C-16 contractor and approved prior to installation. This requirement is not intended to delay issuance a permit. A rough sprinkler inspection must be scheduled by the installing contractor and completed prior to requesting a framing inspection. Responsible Land Use Department: Carmel Highlands Fire District. shall schedule fire dept. rough sprinkler inspection shall schedule fire dept. final sprinkler inspection framing inspection final inspection WATER RESOURCES AGENCY CONDITION OF APPROVAL 9. WATER CONSERVATION MEASURES: The applicant shall comply with Ordinance No. 3932, or as subsequently amended, the Monterey County Water Resources Agency pertaining to mandatory water conservation regulations. The regulations for new construction require, but are not limited to: a. All toilets shall be ultra-low flush toilets with a maximum tank size or flush capacity 1.6 gallons, all shower heads shall have a maximum flow capacity 2.5 gallons per minute, and all hot water faucets that have more than ten feet pipe between the faucet and the hot water heater serving such faucet shall be equipped with a hot water recirculating system. b. Landscape plans shall apply xeriscape principles, including such techniques and materials as native or low water use plants and low precipitation sprinkler heads, bubblers, drip irrigation systems and timing devices. (Water Resources Agency) to be verified by inspector at final inspection. final inspection/ Occupancy 11