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Home My WebLink About2010-12-01; Planning Commission; ; CDP 10-12 - 1099 BUENA VISTA WAY RESIDENCECITY OF CARLSBAD ERRATA SHEET FOR AGENDA ITEM #2 Memorandum December 1, 2010 To: Planning Commission From: Shelley Glennon, Assistant Planner Re: Errata Sheet for Agenda Item #2 - CDP 10-12 -1099 Buena Vista Way Residence Section D "Inclusionary Housing Ordinance" of the Planning Commission Staff Report dated December 1, 2010 for CDP 10-12 1099 Buena Vista Way Residence, shall be revised to state the following: Pursuant to Carlsbad Municipal Code (CMC) Title 21 Section 21.85.030(D)(3), the project has been conditioned to pay an inclusionary housing impact fee prior to building permit issuance if the proposed single-family residence is not constructed within two years from when the previous residential structure was demolished on May 5, 2010. The following condition of approval shall be added to Planning Commission Resolution No. 6732: If building permits are not issued within two years from when the previous residential structure was demolished on May 5, 2010, at issuance of building permits the Developer shall pay to the City an inclusionary housing impact fee as an individual fee on a per market rate dwelling unit basis in the amount in effect at the time, as established by City Council Resolution from time to time. Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 760-602-8560 fax The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: December 1, 2010 Application complete date: May 27, 2010 Project Planner: Shelley Glennon Project Engineer: Clyde Wickham SUBJECT: CDP 10-12 - 1099 BUENA VISTA WAY RESIDENCE - Request for approval of a Coastal Development Permit to allow for the construction of a new 3,916 square foot two-story single family residence with an attached two-car and one- car garage and porch on a .23 acre lot located at 1099 Buena Vista Way within the Mello II Segment of the Local Coastal Program and within Local Facilities Management Zone 1. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6732 APPROVING Coastal Development Permit CDP 10-12 based upon the findings and subject to the conditions contained therein. II. INTRODUCTION The applicant is proposing the construction of a new single-family residence with an attached two-car and one-car garage and porch on a vacant R-1-7,500 zoned single-family lot. Pursuant to Section 21.201.030 of the Carlsbad Municipal Code, the construction of a single family home within the City's Coastal Zone requires the processing and approval of a Coastal Development Permit (CDP). The CDP application was reviewed for consistency with the Local Coastal Program (LCP) Policies and Implementation Plan standards. The project is not located within the appeals jurisdiction of the coastal zone; therefore, the Planning Commission's decision on the CDP cannot be appealed to the California Coastal Commission. The proposed two-story single- family residence is consistent with the R-l-7,500 Zone and the Mello II segment of the City's LCP. There are no unresolved issues and staffs recommendation of approval with conditions is supported by the analysis as follows. III. PROJECT DESCRIPTION AND BACKGROUND Project Site/Setting: The project is located on the south side of Buena Vista Way, east of Jefferson Street and west of the Interstate-5 Freeway as shown on the attached location map (Attachment 2). The previously graded vacant lot with a slight southward slope is approximately 0.23 acres (10,125 square feet) in area and is located outside the appeals jurisdiction of the California Coastal Commission. The property is surrounded by single family residences. Proposed Residential Construction: The applicant is proposing to construct a new 3,916 square foot two-story single-family residence, including a two-car garage, a one-car garage and front porch which take direct access off of Buena Vista Way. A 640 square foot second dwelling unit with an attached one-car garage and porch is also proposed at the front of the single-family 0 CDP 10-12-1099 BUENA VISTA WAY RESIDENCE December 1,2010 PAGE 2 residence. The second dwelling unit will be administratively reviewed and acted upon by the Planning Director through a separate minor coastal development permit, subsequent to the Planning Commission action on CDP 10-12. The proposed residence will have a "craftsman" style of architecture which is consistent with the architecture of other homes within the vicinity. The architectural features include: horizontal wood sidings, exposed fascias, arched French doors, second-story wooden bay windows with wooden corbels and craftsman style window surrounds and treatments. A 13.5 x 10' wooden porch with three tapered wooden columns with stone veneer column bases is also proposed. The rooftop will include flat roof tiles, out-lookers, exposed rafter tails and a chimney with a decorative trim. The project also proposes to keep the existing wooden fences surrounding the property, however, will repair the fence where necessary. Proposed Grading: The property slopes downward from an elevation of 74.8' at the northeast corner of the property to 69.5' at the southwest corner. The project proposes a low retaining wall ranging in size from 2-4 feet tall along the west property line. Accordingly, the project grading includes approximately 320 cubic yards of import. Based upon a review of the proposed grading and the grading quantities shown on the site plan, a grading permit for this project is required. A bio-retention basin with riprap is proposed in the southwest corner of the property to adequately drain the project site. Impact of Coastal Resources: The development is a single-family house on an in-fill disturbed lot; no agricultural activities, sensitive resources, geological instability, flood hazard or coastal access opportunities exist onsite; the development does not obstruct views of the coastline as seen from public lands or public rights-of-way or otherwise damage the visual beauty of the coastal zone. IV. ANALYSIS The proposed project is subject to the following ordinances, standards, and policies: A. Residential Low-Medium Density (RLM) General Plan Land Use designation; B. One-Family Residential Zone, 7,500 square foot minimum lot size (R-l-7,500, CMC Chapter 21.10); C. Coastal Development Regulations for the Mello II Segment of the Local Coastal Program (CMC Chapter 21.201) and the Coastal Resource Protection Overlay Zone (CMC Chapter 21.203); D. Inclusionary Housing Ordinance (CMC Chapter 21.85); and E. Growth Management (CMC Chapter 21.90). The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable regulations and policies. The project's compliance with each of the above regulations and policies is discussed in the sections below. A. General Plan The project site has a General Plan Land Use designation of RLM (Residential Low Medium Density). The RLM Land Use designation allows the development of single-family residences at a density of 0-4 dwelling units per acre with a Growth Management Control Point (GMCP) of CDP 10-12 - 1099 BUENA VISTA WAY RESIDENCE December 1,2010 PAGE 3 3,2 dwelling units per acre. At the RLM GMCP, .74 dwelling units would be permitted on this 0.23 acre (net developable) property. However, one single-family dwelling unit is guaranteed pursuant to the following General Plan provision: "Notwithstanding the density provisions and intent of each residential land use designation, a one-family dwelling shall be permitted on any legal lot that existed as of October 28, 2004." The subject lot was legally created prior to October 28, 2004; therefore development of a one-family dwelling is consistent with the RLM General Plan Land Use designation. B. One-Family Residential Zone, 7,500 square foot minimum lot size (R-l-7,500, CMC Chapter 21.10) The zoning designation for the property is One-Family Residential, with a minimum lot size of 7,500 square feet (R-l-7,500). The proposed project meets or exceeds all applicable requirements of the R-l-7,500 zone as demonstrated in Table A below. TABLE A - R-l-7,500 ZONE DEVELOPMENT STANDARDS STANDARD Front Yard Setback Side Yard Setback Rear Yard Setback Lot Coverage Max Building Height: Lots < 20,000 Square Feet Parking REQUIRED 20' minimum 10% of lot width: 6'-9" min. 20% of lot width: 13 '-6" min. 40% maximum 30' with > 3:12 roof pitch or 24' with < 3:12 roof pitch 2 parking stalls PROPOSED 20' 6'-9"&ll'-9" 20' 33% 27.5' maximum with a 4:12 roof pitch Main Dwelling: Two- car and one-car garage provided COMPLY Yes Yes Yes Yes Yes Yes C. Mello II Segment of the Local Coastal Program (CMC Chapter 21.201) and the Coastal Resource Protection Overlay Zone (CMC Chapter 21.203) 1. Mello II Segment of the Local Coastal Program The project is located in the Mello II Segment of the Local Coastal Program (LCP). The project proposes the construction of a new single-family residence in an area designated for single- family residential development. As shown in Table B and discussed below, the project complies with all applicable LCP provisions. TABLE B - COASTAL DEVELOPMENT STANDARDS COASTAL DEVELOPMENT COMPLIANCE STANDARD LCP Land Use Plan General Plan Zoning Grading Permit Required COMPLIANCE RLM (Residential Low Medium) RLM (Residential Low Medium) R-l-7,500 Yes (Import: 320 cubic yards (cy)) (Cut: Fill: 340 cy ) 20 cy/ CDP 10-12-1099 BUENA VISTA WAY RESIDENCE December 1,2010 PAGE 4 TABLE B - COASTAL DEVELOPMENT STANDARDS CONTINUED COASTAL DEVELOPMENT COMPLIANCE STANDARD Hillside Development Permit Required Native Vegetation Impacts COMPLIANCE No None The project consists of the construction of a new 3,916 square-foot single-family residence on a lot designated as Residential, Low-Medium Density (RLM), by the Mello II Land Use designation. The proposed two-story home will not obstruct views of the coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone. No agricultural uses currently exist on the site, nor are there any sensitive resources located on the property. In addition, the proposed single-family residence is not located in an area of known geologic instability or flood hazards. Since the site does not have frontage along the coastline, no public opportunities for coastal shoreline access are available from the subject site. Furthermore, the residentially-designated site is not suited for water-oriented recreation activities. No public opportunities for coastal shoreline access are available from the subject site and no public access requirements are conditioned for the project since it is not located between the first public road and the ocean. The residentially designated site is not suited for water-oriented recreation activities and the development does not obstruct views of the coastline as seen from public lands or the public right of way. 2. Coastal Resource Protection Overlay Zone The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (CMC Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban run-off, pollutants and soil erosion. No development is proposed in areas of steep slopes (> 25% gradient). No native vegetation is located on the subject property. In addition, the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. D. Inclusionary Housing Ordinance For any residential development less than seven units, the inclusionary housing requirement may be satisfied through the payment to the city of an impact fee. The project has been conditioned to pay this fee prior to the issuance of a building permit. E. Growth Management The project is subject to the provisions of the Growth Management Ordinance, as contained in Chapter 21.90 of the Zoning Ordinance. The project's conformance with the requirements of the Growth Management regulations is detailed in Table C below. CDP 10-12-1099 BUENA VISTA WAY RESIDENCE December 1,2010 PAGE 5 TABLE C - GROWTH MANAGEMENT COMPLIANCE STANDARD City Administration Library Waste Water Treatment Park Drainage Circulation Open Space Fire School Districts (Carlsbad Unified) Sewer (Carlsbad) Water (Carlsbad) IMPACTS/STANDARDS 3.4767 sq. ft. 1.854 sq.ft. 1 EDU .006953 acre 1 CFS / Drainage Basin "B" 10ADT N/A Station No. 1 & 3 Elementary = 0.3400 Middle School = 0.1 184 High- School = 0.1 032 1EDU 550 GPD COMPLY Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes The proposed project is located within Local Facilities Management Zone 1 in the northwest quadrant of the City. The construction of a new single-family residence will have no adverse impacts on public facilities. At the RLM Growth Management Control Point (GMCP) of 3.2 dwelling units per acre, 0.74 dwelling units are allowed on the .23-acre site. The project proposes 1 dwelling unit and it is therefore 0.26 dwelling units above the GMCP. Consistent with the General Plan and Policy No. 43, 0.26 dwelling units will be withdrawn from the City's excess dwelling unit bank. V.ENVIRONMENTAL REVIEW The Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment. Therefore, the project is categorically exempt from the requirement for the preparation of an environmental document pursuant to the following Section of the California Environmental Quality Act (CEQA) Guidelines: Section 15303(a) "New Construction of Small Structures" of CEQA exemptions (Class 3) exempts the construction of a single family residence in an urbanized area from environmental review. A Notice of Exemption will be filed by the Planning Director upon project approval. ATTACHMENTS: 1. Planning Commission Resolution No. 6732 2. Location Map 3. Disclosure Statement 4. Background Data Sheet 5. Local Facilities Impact Assessment Form 6. Reduced Exhibits 7. Exhibits "A"-"G" dated December 1, 2010 NOT TO SCALE SITE MAP 1099 Buena Vista Way Residence CDP 10-12 DISCLOSURE Development Services STATEMENT Planning Department CITY OF p 1 / A \ 1635 Faraday Avenue r''VM/ (760)6024610 www.carlsbadca.gov 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 at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social dub, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city 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 the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% 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 publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person "^^^^f^fJ^ l~7h*t \~frtA^ TCut p/PJi (_ _ Title _ Address 7 ?^tiv& y^^/f Address 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% 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 publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) P-1(A) Page 1 of 2 Revfeed 04/09 3. NON-PROFIT ORGANIZATION 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 the. Non Profit/Trust Non Profit/Trust Title Title Address Address 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? I | Yes X No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Print or type name of owner t ^_^ Print or type name of applicant~ Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1 (A) Page 2 of 2 Revised 04/09 BACKGROUND DATA SHEET CASE NO:CDP 10-12 CASE NAME: 1099 BUENA VISTA WAY RESIDENCE APPLICANT: Smerud Family Trust REQUEST AND LOCATION: Request for approval of a Coastal Development Permit to allow for the construction of a new 3,916 square foot two-story single family residence with an attached 2-car and 1-car garage and porch on a .23 acre lot located at 1099 Buena Vista Way within the Mello II Segment of the Local Coastal Program and within Local Facilities Management Zone 1. LEGAL DESCRIPTION: Parcel 1 of Parcel Map No. 20369, Carlsbad Minor Subdivision No. MS 04-18, in the County of San Diego, State of California, according to map thereof filed in the office of the County Recorder of said County, September 26, 2007. APN: 155-251-02 Acres: 23 Proposed No. of Lots/Units: 1 GENERAL PLAN AND ZONING Existing Land Use Designation: RLM Proposed Land Use Designation: N/A Density Allowed: 0-4 Density Proposed: 4.35 Existing Zone: R-l Proposed Zone: N/A Surrounding Zoning, General Plan and Land Use: General Plan Site North South East West R-l R-l R-l R-l R-l RLM RLM RLM RLM RLM Current Land Use Vacant Single-Family Homes Single-Family Homes Single-Family Homes Single-Family Homes LOCAL COASTAL PROGRAM Coastal Zone: IXI Yes I I No Local Coastal Program Segment: Mello II Within Appeal Jurisdiction: [~~| Yes [X] No Coastal Development Permit: Local Coastal Program Amendment: |~~l Yes £x] No Yes No Existing LCP Land Use Designation: RLM Proposed LCP Land Use Designation: N/A Existing LCP Zone: R-l Proposed LCP Zone: N/A Revised 01/06 PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 1 EDU ENVIRONMENTAL IMPACT ASSESSMENT [X] Categorical Exemption, Section 15303 "New Construction of Small Structures" I I Negative Declaration, issued N/A Certified Environmental Impact Report, dated N/A Other, N/A Revised 01/06 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: 1 099 Buena Vista Way Residence LOCAL FACILITY MANAGEMENT ZONE: 1 GENERAL PLAN:RLM ZONING: R-l-7,500 DEVELOPER'S NAME: Smerud Family Trust ADDRESS: 2835 Progress Place. Escondido, CA 92029 PHONE NO.: 760-801-2498 ASSESSOR'S PARCEL NO.: 255 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT...DU) ESTIMATED COMPLETION DATE: February 201 1 .23 ACRES A. City Administrative Facilities: Demand in Square Footage = 3.4767 sq. ft. B. Library: Demand in Square Footage = 1.854 sq. ft. C. Wastewater Treatment Capacity (Calculate with J. Sewer) 1 EDU D. Park: Demand in Acreage - .006953 acre E. Drainage: Demand in CFS = 1 CFS Identify Drainage Basin = B (Identify master plan facilities on site plan) F. Circulation: Demand in ADT= 10 APT (Identify Trip Distribution on site plan) G. Fire: Served by Fire Station No. = 1 & 3 H. Open Space: Acreage Provided = N/A I. Schools: Carlsbad Unified (Demands to be determined by staff) J. Sewer: Demands in EDU 1 EDU Identify Sub Basin = B (Identify trunk line(s) impacted on site plan) K. Water: Demand in GPD = 550 L. The project is 0.26 units above the Growth Management Dwelling unit allowance and therefore .26 dwelling units will be withdrawn from the excess dwelling unit bank. 35'-8" 1099 BUENA VISTA WAY RESIDENCE WITH ACCESSORY DWELLING UNIT STRONG SIDE BUILDERS .20 CDP 10-12 10.11.2010 I CO SECOND FLOOR PLAN FIRST FLOOR PLAN 1099 BUENA VISTA WAY STRONG SIDE BUILDERS FRONT ELEVATION RIGHT SIDE ELEVATION LEFT SIDE ELEVATION CDP 10-12 10.11.2010 REAR ELEVATION 1099 BUENA VISTA WAY ELEVATIONS STRONG SIDE BUILDERS