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HomeMy WebLinkAboutCDP 99-04; Day Residence; Coastal Development Permit (CDP) (4)•Staf€ of California, Edmund G. P ^ •California Coastal Commission San Diego District 6154 Mission Gorge Road, Suite 220 San Diego, California 92120 (714) 280-6992 ATSS 636-5868 I Jr., Governor DAY: 180th DAY: STAFF: STAFF REPORT: HEARING DATE: April 12, 1982 May 31, 1982 October 9, 1982 SS :am May 3, 1982 May 18-21, 1982 STAFF REPORT: CONSENT CALENDAR SEE SUBSEQUENT PAGE FOR COMMISSION ACTION Application No: 6-82-153 Applicant: Carlsbad Ocean Villas Agent: None Description:Demolition of existing single-family residence. Construction of a 4 unit, 10,826 sq.ft., 3-level condominium building with attached garages, spa and swimming pool. Replacement of an existing oceanfront retaining wall. Lot area Building coverage Pavement coverage Landscape coverage Parking spaces Zoning Plan designation Project density Ht abv fin grade 10,125 sq.ft. 4,578 sq.ft.(45%) 1,215 sq.ft.(12%) 4,332 sq.ft.(43%) 10 R-3 RMH 10-20 dua 17 dua 30 feet Site:2479 Ocean St., Carlsbad, San Diego County. APN 203-021-04 Substantive File Documents: City of Carlsbad Local Coastal Program STAFF RECOMMENDATION; Staff recommends the Commission adopt the following resolution. I. Approval with Conditions. The Commission hereby grants a permit for the proposed development, subject to the conditions below, on the grounds that, as conditioned, the development will be in conformity with the provisions of Chapter 3 of the California Coastal Act of 1976, will not prejudice the ability of the local government having jurisdiction over the area to prepare a Local Coastal Program conforming to the provisions of Chapter 3 of the Coastal Act, and will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act. II. Standard Conditions. See attached page. 6-82-153 Page 2 III. Special Conditions. 1. Revised Site Plan. Prior to issuance of the permit, the applicant shall submit a revised site plan for review and written approval by the Executive Director. Said plan shall indicate the establishment of a stringline extending from the southern terminus of the oceanfront retaining wall located on the adjacent property to the north to the most seaward projection of the deck attached to the northwest corner of the residence located on the adjacent property to the south. The plan shall indicate deletion of the proposed swimming pool and no development on that portion of the property seaward of the established stringline, however, landscaping and a stairway shall be permitted. A patio, decking, spa and/or other such use shall be permitted, subject to review and approval by the Executive Director, on that portion of the property between the residence and the stringline. Development in this area should require minimal grading and alteration of natural landforms. 2. Replacement Wall. Prior to issuance of the permit, the applicant shall either delete the proposed replacement retaining wall from the project description or submit detailed plans for the retaining wall or sea wall. Said plans shall be accompanied by a report prepared by a certified geologist specializing in coastal engineering which contains justification and recommendations for the appropriate design of the wall. The replacement wall shall extend no further seaward than the existing wall. Said plans shall be subject to review and written approval by the Executive Director prior to issuance of the permit. 3. Landscaping Plan. Prior to issuance of a coastal development permit for the subject project, a detailed landscape plan indicating the type, size, extent and location of plant materials, the proposed irrigation system, and other landscape features shall be submitted to, reviewed, and determined adequate in writing by the Executive Director. Drought tolerant and salt-tolerant plant materials shall be utilized to the maximum extent feasible. Landscaping in the rear, (ocean) yard setback shall be detailed. 4. Drainage Plan. Prior to issuance of the permit, the applicant shall submit final drainage plans to the Executive Director for review and written approval, indicating direction of surface water toward the street or that the drainage shall be handled in a manner staisfactory to the City and the Executive Director which will prevent damage to the bluff by surface and percolating water. 5. Waiver of Liability. Prior to issuance of the permit, the applicant shall submit to the Executive Director a recorded deed restriction that binds the applicants and any successors in interest. The deed restriction shall provide: (a) that the applicants understand that the site may be subject to extraordinary hazard from erosion and from landslides and applicants assume the liability from those hazards; (b) the applicants unconditionally waive any claim of liability on the part of the Commission for any damage from such hazards; and (c) the applicants understand that construction in the face of these probable hazards may make them ineligible for public disaster funds or loans for repair or replacement of the property in the event of storms. 6-82-153 Page 3 IV. Findings and Declarations. The Commission finds and declares as follows: 1. Project Description. The applicant is proposing to demolish an existing single-family residence which is one story fronting the street and 2 stories fronting the beach. An accessory building on the beachfront will also be demolished. Also proposed is the construction of a 4 unit condominium building to be 2-stories with lower level garages fronting the street and stepping down the bluff face to three levels fronting the ocean. A spa and swimming pool are proposed within an elevated patio area seaward of the residence and inland of an existing 3-4 ft. high retaining wall. The wall is pro- posed for replacement with a higher wall presumably to meet the elevation of the patio which would be approximately 7 ft. above the cobblestone berm of the beach. 2. Visual Impact. The subject oceanfront parcel is located on the west side near the northern end of Ocean St. in north Carlsbad. Buena Vista lagoon is located adjacent to approximately 5 acres of vacant land north of the terminus of Ocean St. The surrounding residential development along the street is one and two story and predominately single-family. The Regional Commission approved a three-unit project two lots to the north (F5542 Zipser) in June 1977. Multi-unit development exists northeast of the site at Mountain View and Garfield Drives. The proposed project is in character with surrounding development along the street frontage. However, along the beachfront, the proposed project with its proposed pool and decks is not visually compatible with the character of the surrounding area. The seaward alignment of the existing retaining wall adjacent to the top edge of the cobblestone berm of the beach continues along the three developed lots north of the parcel only. Two lots north of the site the rear yard setback is filled with an elevated swimming pool similar to that proposed. The other two northern parcels do not contain such extensive development inland of the wall but are considerably more built out than the adjacent parcels to the south. South of the subject site the oceanfront setbacks contain no retaining walls. The bluff remains in its natural configuration landscaped with iceplant. Most residences contain a seaward extending deck or balcony attached to the house and a stairway to the beach. The proposed residence is even with the building line of adjacent parcels. Continuing further south the buildings are set back further from the ocean including the Army/Navy Academy which is well set back and does not have such potential for redevelopment as surrounding older residences. The Commission has conditioned the proposed project to establish a stringline seaward of which no development, other than a stairway, shall be permitted. A landscaping plan is required to detail landscaping in this area. The purpose of this condition is to avoid perpetuation of the type of development that exists north of the subject site. The potential for redevelopment of the older homes to the south exists, and, if permitted, could result in elimination of the natural bluff face in this area. 6-82-153 Page 4 The Commission's action on the subject project will begin the transition to the limited development of the bluff on lots to the south through establishment of the stringline which will diagonally cross the rear yard. Additionally, the Commission has reviewed but not yet acted upon a proposal for 14 condominium units on the vacant blufftop land north of the subject site (6-81-249 Native Sun). Staff is recommending that an open space easement be placed over the bluff face and that all development be situated inland of the bluff edge on this property. As conditioned, the proposed project is consistent with Section 30251 of the Act which provides for protection of the scenic and visual quality of coastal areas as a resource of public importance and that new development should be sited and designed to protect views, minimize the alteration of natural landforms and be visually compatible with the character of surrounding areas. Ji. Geologic Stability. Topographically, the site maintains a slight (2-5%) to moderately steep (15-20%) gradient down to the ocean. Elevations range from approxi- mately 39 feet above mean sea level adjacent to Ocean Street, to approximately 12 ft. MSL at the contact with the beach. The applicant had a geologic reconnaissance prepared for the site and project. Re- garding bluff stability the report concluded that "the site development as proposed will increase the bluff stability by significantly reducing the liklihood of deep- seated failures, marine-erosion, cliff erosion, and water-related problems". The report also states that the existing block wall has preserved the structural and property integrity to date. The Commission is not requiring that the existing wall be removed. However, if the applicant proposes to replace the wall, Condition #2 requires that detailed wall plans be accompanied by a geotechnical report which justifies the need for a wall and recommends an appropriate design, a requirement consistent with Section 30235. A drainage plan shall be submitted which will control drainage so as not to contribute to bluff instability consistent with Section 30253. Condition #5 waives any claim of liability on the part of the Commission for damage from potential erosion hazards associated with the subject site. 4. Public Access. Public access to the beach need not be provided with the proposed project in that adequate access (City of Carlsbad) exists at the terminus of Ocean St. three lots north of the site. Adequate on-site parking is provided to serve the development so as not to adversely impact public beach parking and access. 5- Local Coastal Program. The proposed 4-unit development is consistent with the City of Carlsbad Local Coastal Program (LCP) which designates the property for residential use allowing 10-20 dua. As conditioned, the beachfront development is in conformance with the Coastal Shoreline Development Overlay Zone in the LCP ordinances. 1' r~" MAY 2 1 1982 COMMISSION ACTION ON _ . ^aApproved as Recommended D Denied as Recommended D Approved with Changes O Denied D Other Page 5 Application No. 6-82-153 STANDARD COIIDITICriS : 1. Notice of Receipt and Acknowledgement. The permit is not valid and construction shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of tho terms and conditions, is returned to the Commission office. 2. Expiration. If construction has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Construction shall be pursued in a diligent manner and completed in a reasonable period of time.. Application for extension of the permit must be made prior to the expiration date. ~* Compliance. All construction "must occur in strict compliance with tha proposal as set forth in the application for permit, subject to any special conditions set forth below. Any deviation from the approved plans mast be reviewed and approved by the staff and may require -ConsiussioK approval. 4. Interpretation. Any questions of intent or interpretation of any condition - will be resolved by the Executive Director or the Commission, •5. Inspections- The Commission staff shall be allowed to inspect the site and the development during construction, subject to 24-hour advance notice. 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affadavit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. Thesa terms and conditions shall be perpetual, and it is the intention of the Commission and the penrvj.r.tec to bind all future owners and possessors of the subject property to the terms and conditions. Si-te. 0 '^ j. •• it , \—i *j > ^ /.f ii-'a1 O/ vr=—rsz—~-^~ EXHIBIT NO. APPLICATION NO! j^^-i '- \—.\ -i/ij I ^ ..-^-..-^V i: {X L i~"T"1 ii t '^ • la i; . ! ! . 7: r ••'••i - ' i • 1 ii^irvs.etio'. ! ; I 4-1 . iavec.E«»; *'•«.' : riti-!VJi> :! S-S. lC^-t«CiE TO / N J / \/ \ ii / \ ! I ' J I I 4 - 1 i i»vec.E«»;= I i ; : ' i 4 i ni . U.j.:—' ' ' • • 1 j:• \ /My*V / s. bi / ? / \ f / N U/LA-J / \ S /: \ !- /: ' i ! -f; i &' . 3 ! , / ;;, , i ^ue*^ \ ' I .'\ ' &- -C? 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