HomeMy WebLinkAboutHDP 97-03; Jensen Stairway; Hillside Development Permit (HDP)’me City of CARLSBAD Planning Department A REPORT TO THE PLANNING COMMISSION
P.C. AGENDA OF: May 21, 1997
Application complete date: March 13, 1997
Project Planner: Michael Grim
Project Engineer: Clyde Wickham
SUBJECT: SUP 96-07KDP 96-05/HDP 97-03 - JENSEN STAIRWAY - Request for
approval of a Negative Declaration, Special Use Permit (Floodplain), Coastal
Development Permit and Hillside Development Permit to allow the construction
of a beach access stairway from the top of the coastal bluff to the beach, including
up to ten foot high, below grade retaining walls in the required side yard, on
property generally located on the west side of Carlsbad Boulevard, between Shore
Drive and Cerezo Drive in Local Facilities Management Zone 3.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 4105,
APPROVING a Negative Declaration and ADOPT Planning Commission Resolutions No.
4106, 41 07 and 41 08, APPROVING a Special Use Permit SUP 96-07, Coastal Development
Permit CDP 96-05 and Hillside Development Permit HDP 97-03, based on the findings and
subject to the conditions contained therein.
11. INTRODUCTION
This proposal involves the construction of a monolithic concrete beach access stairway,
extending fiom the top of the coastal bluff to the beach, on an undeveloped single family
residential parcel, just south of the Terramar community. A Special Use Permit is required for
construction in the coastal high hazard area (floodplain), a Coastal Development Permit is
required for development within the Coastal Zone and a Hillside Development Permit is required
for construction on a natural slope. The project conforms to all applicable regulations and staff
has no issues with the proposal.
111. PROJECT DESCRIPTION AND BACKGROUND
Jon Jensen, property owner, is requesting approval of a Special Use Permit, Coastal
Development Permit and Hillside Development Permit to allow construction of a beach access
stairway on an undeveloped single family lot. The property is located on the west side of
Carlsbad Boulevard, north of Cerezo Drive and south of Shore Drive. The site slopes gently
towards the coastal bluff edge, then drops steeply approximately 35 feet to the beach below. To
the north of the site are two undeveloped single family parcels and to the south is the South
Carlsbad Beach State Park land, owned by the State of California. The site is zoned for single
family uses (R-1) and designated Residential Low Medium (EM) in the City’s General Plan.
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MAY 21,1997
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The proposed stairway would begin at the top of the coastal bluff and continue down the bluff to
an elevation of approximately eight (8) feet above mean sea level (msl). As shown on Exhibits
“A”-“C” dated May 2 1 , 1997, the six (6) foot wide stairway would be constructed of reinforced
concrete, attached to caissons that extend into the bluff and bedrock. To lessen visual impacts
and beach intrusion, the stairway would be recessed into the coastal bluff, which necessitates crib
walls on either side of the stairwell. The tapering, maximum 10 foot high crib walls, would be
landscaped with shrubs and vines to enhance the visual appearance and reduce the possibility of
noise echoing out of the stairwell. A three (3) foot high barrier would be placed on top of the
southern retaining wall because of its proximity to public lands, i.e. California State Park
property. Landings have been incorporated into the stairway at appropriate intervals to meet the
current State accessibility requirements for physically challenged persons.
The proposal is subject to the following regulations:
A. General Plan;
B. Local Coastal Program;
C. R- 1 - One Family Residential Zone (Chapter 2 1.10 of the Zoning Ordinance);
D. Floodplain Management Regulations (Chapter 21.1 10 of the Zoning Ordinance);
and
E. Hillside Development Regulations (Chapter 21.95 of the Zoning Ordinance).
IV. ANALYSIS
The recommendation for approval of this project was developed by analyzing the project’s
consistency with the applicable policies and regulations listed above. The following analysis
section discusses compliance with each of these regulations/policies utilizing both text and
tables.
A. General Plan
The proposed beach access stairway project is consistent with the applicable policies and
programs of the General Plan. Particularly relevant to the proposed stairway are the Land Use,
Circulation, Noise, Open Space and Public Safety Elements. Table 1 below indicates how the
project complies with these particular elements of the General Plan.
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MAY 21,1997
PAGE 3
I TABLE 1 - GENERAL PLAN COMPLIANCE I U ELEMENT USE CLASSIFICATION, GOAL,
OBJECTIVE OR PROGRAM
PROPOSED USES AND COMPLIANCE
IMPROVEMENTS
Land Use Ensure that all hillside development
is designed to preserve the visual
quality of the preexisting topography.
Stairway is recessed into
coastal bluff to maintain
topographical character.
Yes
Circulation Provide for handicapped access to
and along public sidewalks and trails.
Landings and stair height
meet current State Title 24
access requirements for
physically challenged
individuals.
Yes
Noise A City which is free from excessive,
objectionable, or harmful noise.
Planting of shrubs and
vines along the stairwell
will absorb noise,
reducing echoing outward.
Yes
To provide public access to all open
space areas, with exceptions for
sensitive resources, public health and
safety and agriculture.
Require project applicants to submit
evidence that structures are designed
to meet ground response
characteristics of their site.
Guaranteed access is a
condition of the project in
conformance with the LCP
Coastal Shoreline
Development Protection
Overlay.
The geotechnical reports
of the site and design of
the stairway have
undergone peer review
and accurately reflect the
necessary geotechnical
cautions.
B. Local Coastal Program
The site for the proposed stairway is located within the Mello I1 segment of Carlsbad's Local
Coastal Program (LCP) and is subject to the provisions contained therein. The Land Use Plan
for the Mello I1 segment emphasizes topics such as preservation of agriculture and scenic
resources, protection of environmentally sensitive resources, provision of shoreline access, and
prevention of geologic instability and erosion. There are no agricultural activities or prime
agricultural lands on site and the proposed stairs will be recessed into the coastal bluff to reduce
visual impacts. No scenic resources exist on site and scenic ocean views across the site from
Carlsbad Boulevard will not be impacted by the beach access in that it will be recessed into the
bluff. There are no environmentally sensitive resources on the previously disturbed coastal bluff
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PAGE 4
site. The property owner is voluntarily providing an improved beach access and has been
conditioned to guarantee that access in a manner consistent with the implementing ordinances for
the Mello I1 LCP.
The applicable implementing ordinances for the Mello I1 are contained in the Chapter 21.204 of
the Zoning Ordinance, the Coastal Shoreline Development Protection Overlay (CSDPO). The
contents of this chapter include guidelines for determining the need for vertical beach access, the
siting of such access and the mechanism for guaranteeing such access. Since the applicant is
voluntarily providing the beach access, separate of a development plan for the lot, e.g. single
family home, no determination of need is required. The proposed stairway is located along the
southern portion of the property, adjacent to the property line, as recommended by the CSDPO.
Condition number 3 of Planning Commission Resolution No. 4 107 requires conformance with
Section 21.204.080, thereby guaranteeing access through the appropriate legal instrument. To
minimize disruption of public recreational use of the beach, the project is conditioned to not
undergo construction during high beach uses periods, such as Independence Day and Labor Day
weekends and holidays. Considering the above, the proposed beach access stairway is consistent
with the Local Coastal Program.
C. R-1 - Single Family Residential Zone
The project site is zoned R-1 and, therefore, subject to the regulations contained in Chapter 21.10
of the Zoning Ordinance. Since the project does not involve construction of a single family
dwelling, many of the development standards of the R-1 zone do not apply. The maximum lot
coverage for a single family lot is 40 percent, which is far greater than the area covered by the six
foot wide stairway. Since the stairway is located in the side yard setback, i.e. within 10 feet of
the side property line the maximum wall height provisions of Chapter 21.46 - Yards apply.
Section 21.46.130 states that the maximum wall height within a side yard setback of any “R”
zone parcel is six feet, however, that height may be increased for special uses or under special
circumstances upon approval of the Planning Commission. Considering that the walls are
necessary to recess the stairway into the bluff to reduce visual impacts and beach intrusion, and
that the walls go below the existing grade and do not impose on adjacent property, the increased
wall height (up to a maximum of ten feet) is justified. Therefore, the project conforms to the
provisions of the R- 1 Zone and related regulations.
D. Floodplain Management Regulations
Chapter 21.1 10 of the Zoning Ordinance addresses construction within areas prone to flood
conditions. One of those areas identified is the Coastal High Hazard Area, defined as the area
subject to high velocity waters. Along the coast, storm surges and wave run-up areas qualify as
Coastal High Hazard Areas and are subject to the Floodplain Management Regulations. In order
for a Special Use Permit for construction in Coastal High Hazard Areas to be approved, certain
standards must be met. These standards involve the adequate securing of the proposed
construction to anchored pilings or columns, elevation of the lowest floor or landing above the
base flood elevation, the siting of all construction landward of the mean high tide line and the
prohibition of the use of fill as a structural support.
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SUP 96-07/CDP 96-05kIbr 97-03 - JENSEN STAIRWAY
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As detailed in the geotechnical reviews for the site and stairway, the beach access would be
constructed of reinforced concrete, secured to caissons anchored to the bedrock. The lowest
landing would be located at an elevation of 8.0 feet above mean sea level (msl), whereas the
mean high high tide line (or base flood elevation) is located at 5.65 feet above msl and the mean
high tide line is at 4.67 feet above msl. Therefore, the proposed beach access stairway conforms
with the requirements of the Floodplain Management Regulations.
E. Hillside Development Regulations.
Since the project involves development on hillside lands with gradients of 15 percent or greater
and an elevation differential of greater than 15 feet, the Hillside Development Regulations apply.
The level of applicability hinges upon Section 21.95.090(c), which defers applicability of the
Hillside Ordinance to the most restrictive policy, ordinance or standard which applies to the
project. According to Section 21.56.010 of the LCP implementing ordinances, the requirements
of the Coastal ordinances, including the Coastal Shoreline Development Protection Overlay, are
the minimum requirements for the promotion of the public health, safety, comfort, convenience
and general welfare. Therefore, the provisions of the Hillside Development Regulations apply
only insofar as they do not preclude the provision of vertical beach access from the top of the
coastal bluff.
In accordance with the Hillside Development Regulations, all hillside conditions and constrained
lands have been identified on the site plan (Exhibit “A” dated May 21, 1997). Disturbance of
hillside lands has been minimized in both a physical and visually aesthetic manner in that the six
(6) foot wide beach access is designed as a straight stairway, recessed into the bluff and treated
with landscaping. All other undevelopable areas of the coastal bluff are remaining in their
existing, natural state. Therefore, the proposed beach access stairway in consistent with the
provisions of the Hillside Development Regulations.
V. ENVIRONMENTAL REVIEW .
The proposed beach access stairway has been reviewed for potential environmental impacts.
Most of the potential impacts for development on this residentially-designated parcel have been
previously reviewed through the Master Environmental Impact Report for the 1994 General Plan
Update. Those potential impacts remaining deal with geology, hydrology and aesthetics. As
discussed in the geotechnical reports for the project conducted by Geotechnical Incorporated,
dated September 3, 1996; ICG Incorporated, dated November 6, 1989; and Converse
Consultants, dated September 20, 1984, and as reviewed and approved by Law/Crandall,
Incorporated in an April 15, 1997, correspondence (all on file with the City of Carlsbad
Engineering Department), no significant geologic or hydrologic impacts will occur. The project
has been designed to reduce visual impacts on the bluff by recessing the stairway access into the
bluff and providing landscaping. Therefore, no significant environmental impacts were
determined to result from this proposed beach access stairway and the Planning Director issued a
Negative Declaration on April 5, 1997. No comments were received concerning the Negative
Declaration during the 30 day public review period.
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* SUP 96-07KDP 96-05MDr 97-03 - JENSEN STAIRWAY
MAY 21,1997
PAGE 6
ATTACHMENTS:
1.
2.
3.
4.
5.
6.
6.
7.
Planning Commission Resolution No. 4 105
Planning Commission Resolution No. 4 106
Planning Commission Resolution No. 4107
Planning Commission Resolution No. 4 1 08
Location Map
Disclosure Statement
Background Data Sheet
Exhibits “A”-“Cyy dated May 2 1, 1997.
MGbr
JENSEN STAIRWAY
SUP 96=07/HDP 97-O3/CDP 96-05
APPLICANTS STATEMENTOFDISCLOSURE OR CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS
WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY
APPOINTED BOARD. COMMISSION OR COMMITTEE
(Please Print)
The following information must be disclosed:
1. ApDiicant
List the names and addresses of all persons having a financial interest in the application. Jon & Carol Jensen
Jensen & Roth
The Scrims Bank Center "
451 South Escondido Blvd.
Escondido, CA 92025
~ ~~
2. Owner
List the names and addressees of all person having any ownership interest in the property involved.
Jensen & Roth
The Scripps Bank.Center
451 South Escondido Blvd.
Escondido, CA 92025
3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names
and addresses of all individuals owning more than 105 of
any partnership interest in the .partnership.
the shares in the corporation or owning
4. If any person identified pursuant to (1) or (2) above is a non-profit organization. or a trust. list the
names and addresses of any person serving as officer or director of the non-profit organization or
as trustee or beneficiary of the trust.
DISCLOS.FRM 2/96 PAGE 1 of 2
2075 Las Palmas Drwe - Carlsbad. Californta 92009-1 576 - (61 9) 438-1 161 6
5. hV0 YOU had mot0 than $236 worth of business transacted with any member of City staff, BOC Comml8rt~ns, f: mmitteos and Council within the past twelve months?
YO8 - NO - /If yea, plme indicate person(s)
n r!
CASE NO:
CASE NAME:
APPLICANT:
.1 -
BACKGROUND DATA SHEET
SUP 96-07/CDP 96-05MDP 97-03
JENSEN STAIRWAY
JON JENSEN
REQUEST AND LOCATION: Construction of a beach access stainvav fiom the tou of the
coastal bluff to the beach on urouertv generally located west of Carlsbad Boulevard, between
Cerezo Drive and Shore Drive in the City of Carlsbad.
LEGAL DESCRIPTION: A uortion of Lot “H’ of Rancho Agua Hedionda. Mau 823 in
the Citv of Carlsbad, County of San Dieno, State of California.
APN: 210-120-30 Acres: 1.60 Proposed No. of Lots/Units: n/a
GENERAL PLAN AND ZONING
Land Use Designation: RLM
Density Allowed: 0.0-3.2 ddacre Density Proposed: n/a
Existing Zone: R-1 Proposed Zone: da
Surrounding Zoning and Land Use: (See attached for information on Carisbad’s Zoning
Requirements)
Site
North
south
East
West
Zoning Land Use
R- 1 Vacant
R- 1 Vacant
0-s Vacant
R- 1 Single family residential
0-s BeachPacific Ocean
PUBLIC FACILITIES
School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): 0.0
Public Facilities Fee Agreement, dated: Seutember 16. 1996
ENVIRONMENTAL IMPACT ASSESSMENT
Negative Declaration, issued Auril 5, 1997
0 Certified Environmental Impact Report, dated