HomeMy WebLinkAbout2001-01-03; Planning Commission; ; CDP 00-50-V 00-401 - QUIRK RESIDENCEThe- City of Carlsbad Planning Depart
A REPORT TO THE PLANNING COMMISSION
Item No.
P.C. AGENDA OF: January 3, 2001
Application complete date: October 12, 2000
Project Planner: Paul Godwin
Project Engineer: David Rick
SUBJECT: CDF 00-50/V 00-401 - QUIRK RESIDENCE - Request for a Coastal
Development Permit and Variance to construct a new single-family home on a .20
acre site located north of Oak Avenue on the west side of Ocean Street, in the R-3
zone, the Beach Area Overlay Zone, the Coastal Zone and in Local Facilities
Management Zone 1.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 4903 and 4904
APPROVING Coastal Development Permit No. CDP 00-50 and Variance No. V 00-401 based
on the findings and subject to the conditions contained therein.
II.INTRODUCTION
The applicant proposes to demolish an existing three unit residential structure and construct a
new single-family residence on a .20 acre site. The project is located on the west side of Ocean
Street, between Oak and Carlsbad Village Drive, within the appeal area of the Coastal Zone.
The applicant has requested a variance on the project to allow for a zero foot front yard setback,
similar to those previously approved on the west side of Ocean Street. Except for the requested
variance, the project does comply with all City ordinances, including R-3 zoning, Hillside
Development Regulations, Beach Area Overlay Zone and the Mello II segment of the City's
Local Coastal Program.
III. PROJECT DESCRIPTION AND BACKGROUND
Project Site/Setting: Infill lot located on the west side of Ocean Street as shown on the attached
location map. The lot area is .20 acres (8,695 square feet). The eastern third of the lot is
relatively flat, with slopes of 25% or greater towards the middle of the lot, then leveling out as it
reaches the beach.
Proposed Residential Construction: New 3,572 square foot single-family residential structure
with attached 416 square foot garage.
Proposed Grading: No grading is proposed which would require a grading permit.
Impact on Coastal Resources: None.
CDP 00-50/VOO-401 - QUHJt RESIDENCE
January 3, 2001
Page 2
The applicant has requested approval of a Coastal Development Permit and Variance to construct
a 3,572 square foot single-family residence with a 416 square foot garage on the subject site.
The parcel contains .20 gross acres and has previously been disturbed by development including
landscaping, paving, and an existing three-unit structure, which is inadequately parked and is
proposed to be demolished. This is an in-fill lot in which the surrounding properties have
already been developed with residential uses. The site is zoned R-3, has a General Plan
Designation of Residential High (RH), and is located within the Beach Area Overlay Zone
(BAO). The applicant has requested a variance to allow a zero foot front yard setback, similar to
those previously approved on the west side of Ocean Street. The proposed structure would be
two stories with a bathroom and mechanical space located in the basement. The maximum
height of the residence would be 28.10 feet, with only one-story exposed at the Ocean Street
elevation, helping to minimize the bulk of the project at street level.
IV. ANALYSIS
As shown on the Coastal Development Compliance Table below, the proposed development is in
compliance with all BAOZ, R-3 Zoning and all applicable Local Coastal Plan regulations.
Building permits may be issued subject to the conditions contained in Planning Commission
Resolution No. 4903.
COASTAL DEVELOPMENT COMPLIANCE TABLE
LCP Land Use Plan
General Plan
Zoning
Grading Permit Required
Hillside Development Permit Required
Native Vegetation Impacts
STANDARD
Front Yard Setback
Side/Rear Yard Setback
Building Height
Lot Coverage
RH (Residential High)
RH (Residential High )
R-3
No
No
None
REQUIRED/ALLOWED
20'
5V10'
30'
60%
PROPOSED
0' (See Variance Discussion)
5790'
28.10'
29%
This project also complies with the string-line structural ocean setback standard. This standard
specifies that no structure is permitted further seaward than similar structures on adjacent
properties.
FRONT YARD SETBACK VARIANCE REQUEST
As stated previously, the applicant has requested a variance for a reduced front yard setback. A
20 foot front yard setback is required in the R-3 zone. The applicant is proposing a zero foot
front yard setback, which is the same as the existing residence, which is proposed to be
demolished. Other projects on the west side of Ocean Street have been approved with front
yards reduced to zero feet because of the site topography. A list of approved variances for front
CDP 00-50/VOO-401 - QU1
January 3, 2001
Page 3
RESIDENCE
yard setback reductions is attached. Staff believes that the necessary findings can be made for
the approval of this variance request as discussed in the following table:
FINDING RESPONSE
That there are exceptional or extraordinary
circumstances or conditions applicable to
the property or to the intended use that do
not apply generally to the other property or
class of use in the same vicinity and zone.
The lot has a number of constraints, including a
coastal string-line structure setback, sloping
topography and the need to limit the height of
the Ocean Street fa9ade per the Coastal Shoreline
Development overlay zone. Taken together,
only approx. 26' of flat pad is available for
development west of the 20' front yard setback.
These constraints limit the ability to design a
two-story structure with garage of similar size to
those presently located on Ocean Street, without
granting a front yard setback variance.
That such 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 the property in question.
Without the approval of the variance, a
significant portion of the only level portion of
the lot would be undevelopable, preventing the
applicant from providing garage parking and
achieving similar lot coverage and square
footages enjoyed by similar properties on Ocean
Street. Variances have previously been approved
for reduced front yard setbacks on Ocean Street,
a list of which is attached.
That the granting of such 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.
The reduced front yard setback will not be a
detriment in that the proposed setback is similar
to and compatible with and of the same scale and
intensity of nearby projects. Additionally, the
existing structure with three units is under
parked, and the proposed single-family residence
will meet the parking standard with this variance.
That the granting of such variance will not
adversely affect the comprehensive general
plan.
This variance will not adversely effect the
General Plan in that the proposal is consistent
with the land uses designated for the area by the
Land Use Element; the residential density range
proposed is under the Growth Management
density control point; and the project is in
compliance with the Housing Element policies as
conditioned.
REVIEW OF REQUIRED COASTAL FINDINGS
1. Conformance with the Certified Local Coastal Program and all applicable policies
The project is located in the Mello II Local Coastal Program Segment.
CDP 00-50/VOO-401 - QUI
January 3, 2001
Page 4
RESIDENCE
The project proposes the construction of a new single-family residence in an area
designated for residential development. The LCP Land Use Plan designates the subject
site for Residential-Medium High (RMH) density development, which allows 19 du/acre.
Based on a density of 19 du/acre, the lot could accommodate a maximum of three
dwelling units.
2. Conformance with public access and recreation policies of Chapter 3 of the Coastal Act
Per the Local Coastal Program, the subject site is not required to provide beach access, as
there is an existing beach access stairway at Carlsbad Village Drive and Ocean Street
(approximately 340 feet from the residence) and public beach access via the seawall to
the south.
3. Coastal Resource Protection Overlay Zone
The subject site is located in the Coastal Resource Protection Overlay Zone, which
requires that for steep slope areas not containing endangered plant/animal species and/or
coastal sage scrub or chaparral plant communities, that development of slopes 25% or
greater may be permitted subject to specific findings. The proposed project complies
with all applicable requirements of the Coastal Resource Protection Overlay Zone as
illustrated in the table below:
FINDING RESPONSE
That a soils investigation be conducted to
determine that the site slope areas are stable
and grading and development impacts
mitigable for at least 75 years, or the life of the
structure.
A soils and geologic analysis of the site was
prepared in conformance with City
requirements. The study determined that the
proposed development will have a useable life
of at least 75 years and that the development
will have no adverse effect on the stability of
the coastal slope.
Grading of the slope is essential to the
development of the site.
Only minor grading is proposed and no
grading permit is required. Development of
the steep slopes is required since the slopes are
located in the middle of the lot less than 26'
from the eastern property line.
Slope disturbance will not result in substantial
damage or alteration to major wildlife
corridors, habitat or native vegetation.
Slope disturbance will not damage or alter
major wildlife habitat or native vegetation
since the site was previously developed with a
residential structure, ornamental landscaping
and paving. There is no native vegetation
located on this infill site.
No grading or removal of steep slopes will be
permitted unless all environmental aspects
have been mitigated.
This project does not require a grading permit
and is fully developed, therefore, this
requirement does not apply to the proposed
project.
CDP 00-50/VOO-401 - QUIRK RESIDENCE
January 3, 2001
PageS
Drainage, Erosion, Sedimentation and Habitat
As designed and conditioned, the proposed project will adhere to the City's Master Drainage and
Storm Water Quality Management Plan and Grading Ordinance to avoid increased run off and
soil erosion.
Landslides and Slope Instability
The soils and geologic analysis report performed for the proposed project indicates that there are
no landslides on this site.
Seismic Hazards
The soils and geological analysis report performed for the proposed project indicates that the
materials at the site are not subject to liquefaction due to such factors as soil density, grain-size
distribution and groundwater conditions.
Floodplain Development
No development on the property is proposed within the one hundred year floodplain.
4. Coastal Shoreline Development Overlay Zone
The Proposed development complies with all applicable requirements of the Coastal Shoreline
Development Overlay Zone as described in the table below:
STANDARD PROVIDED
Lateral Access
25' dry sandy beach
26' dry sandy beach seaward of development
Bluff Top Access
Applies to lots where no beach is
present or where beach is not
accessible.
Beach is accessible via existing stairway located
approximately 340' feet from the subject site. Beach is
present, therefore requirement does not apply to the
project.
Geotechnical Report
Analyze cliff erosion and geologic
conditions.
A geotechnical analysis of the project was prepared.
The analysis concluded that the proposed development
will have a useful life of at least 75 years and that the
development will have no adverse effect on the
stability of the coastal slope.
Appearance
Building developed on site with a
general attractive appearance related
to surrounding development and
natural environment.
The proposed residential structure has been designed
with attractive architectural features, which will be
compatible with the surrounding development and
natural environment.
CDP 00-50/VOO-401 - Q
January 3, 2001
Page 6
unac RESIDENCE
Ocean Views
Building designed to preserve to the
extent feasible ocean views.
The project has been designed with a one-story
element on Ocean Street and the structure complies
with applicable side yard requirements, which will, to
the extent feasible, preserve existing ocean views from
the street.
Natural Features
To extent feasible, retain natural
features and topography.
The building has been designed to step-down the
hillside, consistent with this requirement.
Grading
Grading executed so as to blend with
existing terrain.
Minimal grading is proposed, no grading permit is
required. Grading is designed to blend with existing
and natural surroundings.
"Stringline"
Maintain a "stringline" setback for
structures, patios, decks, pools and
spas.
The project adheres to all coastal "stringline" setback
requirements for the placement of structures, patios,
decks, pools and spas.
V.ENVIRONMENTAL REVIEW
The project is exempt from CEQA per the exemption listed below:
(1) Section 15303(a) of CEQA exemptions (Class 3) exempts the construction of single-
family residences in urbanized areas from environmental review.
(2) Section 15332(a-e) of CEQA exemptions (Class 32) exempts projects characterized
as in-fill development from environmental review.
A Notice of Exemption will be filed by the Planning Director upon project approval.
ATTACHMENTS:
1. Planning Commission Resolution No. 4903 (CDP)
2. Planning Commission Resolution No. 4904 (V)
3. Location Map
4. Background Data Sheet
5. Local Facilities Impact Assessment Form
6. Disclosure Form
7. Ocean Street Front Yard Variance Exhibit
8. Exhibits "A" - "I," dated January 3, 2001
PG:cs:mh
S/7E
SITE
QUIRK RESIDENCE
CDP 00-50/V 00-401
BACKGROUND DATA SHEET
CASE NO: CDP 00-50/V 00-401
CASE NAME: Quirk Residence
APPLICANT: Thorvk Architecture
REQUEST AND LOCATION: Demolish existing three unit residential structure and
develop a single family home at 3075 Ocean Street
LEGAL DESCRIPTION: That portion of the Town of Carlsbad, according to Map thereof
No. 365, filed February 2. 1887
APN: 203-251-08-00 Acres: .20 (8.695 sq/ff) Proposed No. of Lots/Units: 1
GENERAL PLAN AND ZONING
Land Use Designation: RH-Residential High
Density Allowed: 15-23 du/acre Density Proposed: One unit
Existing Zone: R-3 Proposed Zone: N/A
Surrounding Zoning, General Plan and Land Use:
Zoning General Plan Current Land Use
Site
North
South
East
West
R-3
R-3
R-3
VR
N/A
RH (Residential High)
RH (Residential High)
RH (Residential High)
V (Village)
N/A
Residential
Residential
Residential
Condo/Timeshare
Pacific Ocean
PUBLIC FACILITIES
School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): One
ENVIRONMENTAL IMPACT ASSESSMENT
Negative Declaration, issued
Certified Environmental Impact Report, dated_
XI Other, Exempt Sections 15303. 15332
CITY OF CARLSBAD
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMENT FORM
(To be Submitted with Development Application)
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO:CDP 00-50/V 00-401 - Quirk Residence
LOCAL FACILITY MANAGEMENT ZONE: 1 GENERAL PLAN: RH
ZONING: R-3
DEVELOPER'S NAME: Thoryk Architecture
ADDRESS: 1235 Shafter Street. San Diego, CA 92106
PHONE NO.: 619-523-9050 ASSESSOR'S PARCEL NO.: 203-251-08-00
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): .2 acres, 8,695 sq/ft. 1 unit
ESTIMATED COMPLETION DATE: June 2001
A. City Administrative Facilities: Demand in Square Footage = 3.4767
B. Library: Demand in Square Footage = 1.854
C. Wastewater Treatment Capacity (Calculate with J. Sewer) 1 EDU
D. Park: Demand in Acreage = .006953
E. Drainage: Demand in CFS = N/A
Identify Drainage Basin - B
(Identify master plan facilities on site plan)
F. Circulation: Demand in ADT = 10
(Identify Trip Distribution on site plan)
G. Fire: Served by Fire Station No. = 1
H. Open Space: Acreage Provided = N/A
I. Schools: Elm=.261. JHS=.Q72. HS=136 Total=469
(Demands to be determined by staff)
J. Sewer: Demands in EDU 1 EDU
(Identify trunk line(s) impacted on site plan)
K. Water: Demand in GPD = 220
12/07/2008 15:42 619-523^835 THORYK ARCHITECT INC PAGE 02
89/07/2080 15:31 ' -61^3-9035 THORYK ARGHlA *NC PASE B4
City ofjCjy1j5b>ad
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 jj(ftIST be disclosed at the time of application subtnittal. Your project cannot
be reviewed until this information is completed. Please print ,
Note:
Person is defined as "Any individual, finn, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, mist, receiver, syndicate, in this and any other county, city and county, dry
municipality, district or other political subdivision or any other group or combination acting as a unit"
Agents may sign this document; however, the legal name and entity of tfce applicant and property owner must be
provided below. „*_./. i i .. .
1. APPLICANT (Not the applicant's agent)
Provide foe COMPLETlLLEGAL names and addresses of ALL persons having a financial
interest in the application. If the applicant includes a corporation or partnership, include the
names, title, addresses of all individuals owning more than 10B/o of the shares. -IF NO
INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-
APPLICABLE (N/A) IN THE SPACE BELOW If a puhliclv-owned corporation, include the
names, rifles, and addresses of the corporate officers. (A separate page may be attached if
necessary.)...
Address.
1. OWNER (Not the owner's agent)
Provide <*»* gpMPLETIL LEGAL names and addresses of ALL persons having any ownership
interest in fos property involved. Also, provide the nature of the legal ownership fa,
nartnerehfp tenants in common, non-profit, corporation, etc.). If the ownership includes a
include the names, tide, addresses of all individuals owning more
than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OP THE SHAKES,
PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiete
owned, corporation, include the names, titles, and addresses of the corporate officers. '(A separate
page may be attached if necessary.)
Persoa ^£>u/Art,D iTi. iJu&it- Corp/Part
Tiru TKLfitfsi^Af r^/ggj?^gapKteX>'v)2,
^r r-r, ,t n I I • . it t*. .1.1.,Address..
*femctey Avenue -- Carlsbad, CA 92OO8-7314 - (760) 6O2-4600 - FAX (760) 602-8559 <
12/07/2000 15:42 619-523^35 THORYK ARCHITECT INC PAGE 03
09/87/2898 15:31 '61^^-9035 THORYK ARCHI "A INC PAGE 65
,''•*_ , ^^^
3. NON-PROMT ORGANISATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the
"'•'.• names and addresses of ANY person serving as an officer or director of the non-profit
organization or as trustee or beneficiary of tiie.
Title
Address T^.
4. Have you had more that) $250 worth of business transacted with any member of City staff,
Boards, Commissions, Committees and/or Council within the past twelve (12) months?
If yes, please indicate person(s):
NOTE: Attach additional sheets if necessary.
-•.." ' - •••
I certify flat all the above informatioa Is true and cotrect to the best of my knowledge,
fjwu* Lai
•MV »•** M^V B^V
iS.{yL^wXV -,t
of owner/date
Print or tome narat^f owner. -- / RrintortypenameofappHcant
^T /H-2.
/Mar-fa
Signature of owjjBT/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
~H:ADM!NV»UNTER\D1SCLOSURS STATEMENT
LISTING OF APPROVED FRONT YARD SETBACK VARIANCES
ON OCEAN STREET
ADDRESS
2623 Ocean Street
2729 Ocean Street
2679 Ocean Street
2677 Ocean Street
2609 Ocean Street
2795 Ocean Street
2895 Ocean Street
2805 Ocean Street
2775 Ocean Street
2687 Ocean Street
2977 Ocean Street
26 17 Ocean Street
2651 Ocean Street
2650 Ocean Street
2479 Ocean Street
APPROVED SETBACK
0' front yard setback
0' front yard setback
0' front yard setback
0' front yard setback
0' front yard setback
4' front yard setback
5' front yard setback
5' front yard setback
5' front yard setback
5' front yard setback
5' front yard setback
5' front yard setback
6' front yard setback
1 0' front yard setback
1 7.5' front yard setback
PERMIT #
V-295
V-90
V-375
V-375
V-96-01
V-301
V-64
V-174
V-143
V-197
V-13
AV 93-05
V-91
V-129
V-332