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HomeMy WebLinkAboutV 97-02; Mann Residence; Variance (V)7. / A de City of CARLSBAJI Planning Departme,, A REPORT TO THE PLANNING COMMISSION Item No. 0 P.C. AGENDA OF: April 15,1998 Application complete date: November 15, 1997 Project Planner: Brian Hunter Project Engineer: Clyde Wickham SUBJECT: CDP 97-23N 97-02 - MANN RESIDENCE - Request for approval of a Coastal Development Permit to allow for the consolidation of two lots and the addition to an existing single family residence which requires a Variance to allow the construction of a two car garage with less than an internal dimension of 20’ by 20’ and the addition to an existing dwelling unit beyond the height limit allowed by the Beach Area Overlay Zone within the City’s Coastal Zone, located at 2701 Ocean Street, in Local Facilities Management Zone 1. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 4256 and 4257 APPROVING Coastal Development Permit 97-23 and Variance 97-02 based upon the findings and subject to the conditions contained therein. 11. INTRODUCTION Pursuant to Section 21.201.060 (A)( l)(b) of the Carlsbad Municipal Code, the addition to an existing single family residential building where the residence or proposed improvement would encroach within fifty feet of the edge of a coastal bluff within the City’s Coastal Zone requires the processing and approval of a Coastal Development Permit (CDP). Specifically, the applicant wants to add five feet to the width of the existing fifteen foot wide single family structure along the south part of the building and consolidate two underlying adjacent lots. The Variance is an appropriate request due to the project’s location within the Beach Area Overlay and the R-3 Zone and an inability to meet specific development standards associated with those sections of the Carlsbad Municipal Code (CMC). The CDP and Variance applications were reviewed for consistency with LCP policies and implementation. There are no unresolved issues. Staffs recommendation for approval with conditions is supported by the following analysis. 111. PROJECT DESCRIPTION AND BACKGROUND Proiect SiteBettinq: attached Location Map. The area of the lots is 0.155 acres (6750 square feet). Two ocean front lots located at 2701 Ocean Street, as shown on the Proposed Residential Construction: Residential addition of 763 square feet (1 10 square feet to the garage, 268 square feet to the main floor, 385 square feet to the upper floor). Additional Proi ect Reauest: Lot Consolidation and Variances to allow an enlarged residential structure within the beach area overlay zone to exceed two stories (CMC Section 21.82.050) and CDP 97-23N 97-02 - MAh1.I RESIDENCE April 1, 1998 LCP Land Use Plan General Plan Zoning Grading Permit Required Page 2 Mello I1 Residential High (RH) Multiple Family Residential (R3) No to allow a two car garage in a multi family zone (R-3) to have a minimum dimension of less than twenty feet by twenty feet as measured from the interior wall edges of the garage (CMC Section 21.44.130). Native Vegetation Impacts IV. ANALYSIS None As shown on the Coastal Development Compliance Table below, the proposed development is in compliance with all applicable regulations with the exception of garage area and number of stories. STANDARD Front Yard Setback SideRear Yard Setback COASTAL DEVELOPMENT COMPLIANCE TABLE II REQUIREDIALLOWED PROPOSED 20 Feet 28 Feet 5 Feet and 10 Feet 5 Feet and 18 Feet 11 Inches Hillside DeveloDment Permit Required I No II Max Building Height I 2 stories I 3 Stories II Lot Coverage I 60% 123% COASTAL DEVELOPMENT REGULATIONS The project site is located within the appeal area of the Coastal Zone and within the Mello I1 Segment of the Local Coastal Program (LCP). The appealable area of the coastal zone is generally located between the sea and the first public roadway paralleling the sea, or within 300 feet of the inland tide extent of any beach or the mean high tide line where there is no beach, whichever is the greatest distance. Within the appeal area of the coastal zone, a Coastal Development Permit is appealable to the California Coastal Commission within 10 working days of the Commission’s receipt of a written notice specifying the City’s final action on the matter. The proposed project is consistent with the Mello I1 segment of the LCP which contains land use policies for development and conservation of coastal land and water areas within the Segment boundaries. The property is designated Residential High Density (RH) in the LCP (and General Plan) and is being developed consistent with this designation and its basic zoning, R-3. Soils and geologic analysis of the project site were prepared in conformance with Mello I1 Segment requirements. These studies determined that with the existing revetment and soil type on the site, the proposed development will have a useable life span of at least 75 years and that the development will have no adverse effect on the stability of the coastal slope west of the building site. Further, consistent with Policy 7-12, the proposed structure, decks and balconies comply with the “stringline” method of measurement with adjacent and nearby structures, decks and balconies to the north and south. CDP 97-23N 97-02 - MAh1.I RESIDENCE April 1, 1998 FINDING That a soils investigation be conducted to determine that the site slope areas are stable and grading and Pane 3 RESPONSE A soils and geologic analysis of the project site was prepared in conformance with City requirements. The study determined that with the existing revetment and soil type on the site, the proposed development The project site is also subject to the special requirements of the Coastal Resource Protection Overlay Zone (Chapter 21.203) and Coastal Shoreline Development Overlay Zone (Chapter 21.204) of the Carlsbad Municipal Code. The project complies with these special coastal overlay zones as discussed below. Coastal Resource Protection Overlay Zone The Coastal Resource Protection Overlay Zone is intended to supplement the underlying zone by providing additional resource protective regulations within designated areas to preserve, protect and enhance the habitat resource value of lagoons and sloping hillsides. This overlay zone requires that for steep slope areas not containing endangered planthima1 species and or coastal sage scrub and chaparral plant communities, that development of steep slopes (25% or greater) may be permitted subject to specific findings. As illustrated in the table below, these findings can be made. development impacts mitigable for at least 75 years, or the life of the structure. Slope disturbance will not result in substantial damage or alteration to major wildlife habitat or native vegetation. No grading or removal of steep slope areas will be permitted unless all environmental impacts have been mitigated. will have a useable life span of at least 75 years and that the development will have no adverse effect on the stability of the coastal slope west of the building site. Slope disturbance will not damage or alter major wildlife habitat or native vegetation since the site was previously developed with a structure, ornamental landscaping and paving and there is no native vegetation located on this in-fill site. No grading is proposed. As designed and conditioned, the proposed project complies with all other requirements of this overlay zone including provisions for proper drainage and erosion control. No development on the property is proposed within the one-hundred year floodplain. Coastal Shoreline Development Overlay Zone The Coastal Shoreline Development Overlay Zone is intended to provide land use regulations along the coastline area to protect the public’s interest in maintaining the shoreline as a unique recreational and scenic resource. This overlay zone addresses use of beach area, beach access and shoreline development standards. No development of the beach is proposed with this project. The proposed project has been designed in conformance with the applicable requirements of this overlay zone as described in the table below. CDP 97-23N 97-02 - MAhN RESIDENCE April 1, 1998 Page 4 STANDARD Lateral Access 25-feet dry sandy beach Bluff Top Access Applies to lots where no beach present or where beach is not accessible Vertical Access Determine public need to gain access, constraints to access beach, and privacy needs of property owner Geotechnical Report Analyze cliff erosion and geologic conditions Appearance Building developed on site with a general attractive appearance related to surrounding development and natural environment. Ocean Views Building designed to preserve to the extent feasible ocean views. Natural Features To extent feasible, retain natural features and topography. Grading Grading executed so as to blend with existing terrain. “Stringline” ~~~ PROVIDED 25-feet of dry sandy beach seaward of existing revetment. Dedication of land seaward of revetment. Beach is accessible via existing stairway on property. Beach is present, therefore requirement does not apply to project. Vertical access exists on project site. A soils and geologic analysis of the project site was prepared in conformance with City requirements. The study determined that with the existing revetment and soil type on the site, the proposed development will have a useable life span of at least 75 years and that the development will have no adverse effect on the stability of the coastal slope west of the building site The structure has been designed with attractive architectural features which will be compatible with the surrounding neighborhood and natural environment to the west. The project has been designed with a low-scale building facade on Ocean Street and the structure has been sited to preserve the view easement which will, to the extent feasible, preserve views of the ocean from the street. The building has been designed with a low-facade along Ocean Street and the structure has been designed to step-down the hillside consistent with this requirement. No grading proposed. The project adheres to coastal “stringline” setback measurements requirements for the dacement of structures. balconies and decks. Variances The project requires two variances due to a building height over two stories (CMC 21.82.050) and garage with an interior dimension of less than 20’ by 20’. The subject parcel(s) has a fifty foot width. A five foot side yard is required per the zoning ordinance and is maintained by the CDP 97-23N 97-02 - MAhd RESIDENCE April 1,1998 Page 5 existing structure on the north side. The southern twenty five feet of the property is an easement encumbered by the California Coastal Commission to include a 5’ beach access with a 20’ view corridor immediately adjacent, thereby not allowing expansion of the structure into this area. Therefore it is impossible, given the 20’ remaining developable lot width, to provide a street level garage with an interior dimension of 20’ by 20’ as required by the municipal code. The intent and purpose of the beach area overlay (BAO) zone is to ensure that development will be compatible with surrounding developments, both existing and proposed, in the beach area; provide adequate parking as needed by residential projects; ensure that adequate public facilities will exist to serve the beach area; and protect the unique mix of residential development and aesthetic quality within the area. This project is one of those unique residential developments that was existing at the institution of the BAO and that adds to the aesthetic quality of the area, not only through its structural design, but via the view corridor easement. The project proposes three full sized parking spaces, two of which are covered, which meets the development standards of the BAO, but not the Parking Ordinance. As identified by numerous approvals of height variances along the west side of Ocean Street since the adoption of this ordinance (including Variance 90-02 which was approved for a maximum height of four stories and 47 feet for new construction) it may not have been the intent of the decision makers to apply the strict limit of the development standards to these properties as long as the findings necessary for a variance and the intent of the BAO ordinance are attained. Given that this is a five foot width addition to an existing dwelling that will actually enhance the ability to provide covered parking for two vehicles (the garage will have an exterior dimension of 22’ by 20’), staff supports this request as it meets the intent of BAO, if not the strict development standards contained in another section of the municipal code. Please see Attachment “Exhibit AX’ for a partial listing of approved variance requests on Ocean Street. Staff believes the findings required for the variances can be made as follows: There are exceptional circumstances that apply to this property in the Beach Area Overlay in that the project has extreme topographical limitations on its ability to design a two story structure of similar size to those properties to the east of Ocean Street where larger, flatter lots are present. The property has both an access and a view corridor easement across it, which further limits the usable area, unlike most properties within the BAO. The requested variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to this property since the circumstances noted in the previous finding when combined with the development standards of the zone substantially reduce the developable area of the property. The granting of this variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located in that such requested improvements are similar in scale and intensity to surrounding development. In fact this project falls at the lower end of the development spectrum when it comes to scale for the neighborhood on the west side of Ocean Street due substantially in part to the view corridor CDP 97-23N 97-02 - MAh1.C RESIDENCE April 1, 1998 easement, which meets the intent of the zones purpose to protect the unique mix of residential development and aesthetic quality of the area. The granting of the variance will not adversely affect the comprehensive general plan as it is a five foot width addition to an existing single family structures that is proposed. The comprehensive general plan was able to envision additions to single family structures. V. ENVIRONMENTAL REVIEW This project is exempt from CEQA per the exemption listed below: (1) Section 1530(e) of CEQA exemptions (Class 1) exempts the addition to existing single family residences in urbanized areas from environmental review. Notices of Exemption will be filed by the Planning Director upon project approval. ATTACHMENTS: 1. 2. 3. Location Map 4. Disclosure Form 5. 6. Planning Commission Resolution No. 4256 Planning Commission Resolution No. 4257 Exhibit “AA”, dated April 15, 1998 Exhibits “A” - “B”, dated April 15, 1998 BH:nm:rnh WILLIAM C. MANN CDP 97-23N 97-02 DISCLOSURE STATEMENT Applicant's statement or disclosure of 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. The following information must be disclosed: 1. 2. 3. 4. APPLICANT List the names and addresses of all persons having a financial interest in the application. 276/ I -ewZlgs&&a # CA-. 7mA OWNER List the names and addresses of all persons having any ownership interest in the property involved. 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 10% of the shares in the corporation or owning any partnership interest in the partnership. 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. 2075 Las Palmas Dr. Carlsbad, CA 92009-1 576 - (619) 438-11 61 FAX (619) 438-0894 @ 5. Have you had motz than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (1 2) months? 0 Yes a No If yes, please indicate person(s1: re, association, social club, -and any other county, city on or any other group or NOTE: Attach additional sheets if necessary. LV/L&#am r- MMnl AWRION s. a;S&woy Print or type name of owner Print or type name of applicant Disclosure Statement 10/96 Page 2 of 2 ADDRESS 2623 Ocean Street REQUEST 0' front yard, 3' side yard, building 66'6" deep, 19' interior garage variance approved 811 5/86 #86-7 2895 Ocean Street 2805 Ocean Street 2795 Ocean Street 2775 Ocean Street 2747 Ocean Street 2650 Ocean Street 2651 Ocean Street 2687 Ocean Street 2729 Ocean Street 31 50 Ocean Street 31 00 Ocean Street 3021 Ocean Street 2977 Ocean Street 3083 - 3085 Ocean Street 2901 Ocean Street 7000 SF lot, 4200 SF building; 60% bldg coverage allowed. Resolution #579, reduction in front yard from 20'-5'; rear yard from 15'-I 0'; north side from 5' to 3'; south to 3' Resolution #I 05, V-174-Res. #516 front yard 20 to 5, north side yard 6' to 3', south side 6' to 4'. V-301 front yard to 4'' north side yard to 7'' building height to 40' (@ beach side) measured from top of slab to top of plate. V-143 front yard 20' to 5', side 10' to 5'' 20' to 5' rear yard. V-76 side yard 5' to 2' V-129 front yard 16' to lo', side yard intrusion 2' to 3' for stairway. V-91 front yard 20' to 6'' lots 21 -22 V-197 front yard to 5'' side yards to 5'' rear yard to 5'' front and rear approved, side denied. 60% bldg coverage allowed. V-90 front yard 20' to 0'' side yard 5' to 3' V-148; 10' to 5'.side, rear 12' to 5' V-I 41 - 5' side, 5' rear yard V-92 side yard 5'2" to 2'5" V-I 3; north side to 5', south side to 2-1 /2', front yard to 5' AV 92-07; side yard 4'10" & 3'4'' from 5' V-90-2, setbacks IO' to 6', bldg height from 25' to 47'6", number of stories from 2 to 4, six unit condo ~~ ~ 2479 Ocean Street 2679 & 2677 Ocean Street 2617 Ocean Street 2643 Ocean Street 2609 Ocean Street V-332 front yard from 20' to 17'5", side yards 7'5" to 5' & permit tandem parking (looks like they're 9' wide spaces). V-375 0' front yard setback. (71 64 SF of bldg) 3 car enclosed garage & 2 guest parking in side yard setback AV 93-05 side yard 5' to 3'' front yard 20' to 5'' reduced side yard for uncovered parking space from 5' to 2' V-373 tandem parking, compact parking V-96-01 increased building height, tandem parking garage with reduced interior dimension, and reduced frontyard setback.