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Home My WebLink About2016-08-17; Planning Commission; ; CDP 15-45 - ABDI RESIDENCEThe City of CARLSBAD Planning Division A REPORT TO THE PLANNING COMMISSION Single Family Coastal Development Permit ltemNo. 8 P.C. AGENDA OF: August 17, 2016 Application complete date: May 6, 2016 Project Planner: Christer Westman Project Engineer: Steve Bobbett SUBJECT: COP 15-45-ABDI RESIDENCE-Request for approval of a Coastal Development Permit to allow for the demolition of a 4,200 square foot two-story single-family residence and the construction of a 5,487 square foot two-story single-family residence with a 2,564 square foot habitable basement within the Mello II Segment of the City's Coastal Zone located at 5263 Shore Drive within Local Facilities Management Zone 3. The project site is within the appealable area of the California Coastal Commission. The City Planner 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, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15303(a) construction of a single family residence of the state CEQA Guidelines. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7168 APPROVING Coastal Development Permit CDP 15-45 based upon the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND Project Site/Setting: The 0.29 acres (12,632 square feet), project site is located at 5263 Shore Drive as shown on the attached location map and is developed as a single-family home. The topography of the site is a developed flat pad leading to a west facing slope. The vegetation on the developed pad is ornamental, the upper slope facing west is ice plant, and the lower slope is shotcrete. Table 11A'' below includes the General Plan designations, zoning and current land uses of the project site and surrounding properties. TABLE A Location General Plan Designation Zoning Current Land Use Site R-4 Residential/Open Space (OS) R-1 Single-family home North R-4 Residential/Open Space (OS) R-1 Single-family home South R-4 Residential/Open Space (OS) R-1 Single-family home East R-4 Residential R-1 Single-family home West ----Pacific Ocean Proposed Residential Construction: The project consists of the construction of a new 5,487 square foot two-story single-family residence with a 2,564 habitable basement and enclosed two-car garage. The home is two-stories above ground and a one-story underground basement. The architectural style is modern. Design elements include smooth stucco, cultured stone, a faux rock wall, patina copper barrel roof, flat roof elements, and a variety of window sizes and shapes. COP 15-45-ABDI RESIDENCE August 17, 2016 Page 2 Proposed Grading: Estimated grading quantities include 300 cubic yards (cy) of cut, generated by the excavation necessary for the basement which will be exported from the site. A grading permit will be required for this project. Ill. ANALYSIS The project is subject to the following regulations and requirements: A. R-4 Residential/Open Space (R-4/0S) General Plan Designation; B. One-Family Residential (R-1) Zone (CMC Chapter 21.10); C. Mello II Segment of the Local Coastal Program; Coastal Resource Protection Overlay Zone (CMC Chapter 21.203); Coastal Shoreline Development Overlay Zone (CMC Chapter 21.204); D. lnclusionary 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 city regulations and policies. The project's compliance with each of the above regulations is discussed in detail in the sections below. A. General Plan Land Use Designation The project site has a General Plan Land Use designation of R-4/0S (R-4 Residential/Open Space). The OS General Plan Land Use designation applies to the bluff and beach portions of the site and no development is being proposed within this area. The R-4 Land Use designation allows development of single-family residences at a density of 0-4 dwelling units per acre with a Growth Management Control Point (GMCP) of 3.2 dwelling units per acre. At the R-4 GMCP, 0.93 dwelling units would be permitted on this 0.29 acre (net developable) property that may be rounded up to 1.0 dwelling unit. In addition, the project is replacing an existing single-family residence. Therefore, no increase in the number of dwelling units on the property is proposed. B. One-Family Residential (R-1) Zone The project is required to comply with all applicable regulations and development standards of the Carlsbad Municipal Code (CMC) including the One-Family Residential (R-1) Zone. The proposed project meets or exceeds all other applicable requirements of the R-1 zone as Shown in Table B below: CDP 15-45-ABDI RESIDENCE August 17, 2016 Page 3 TABLE B-R-1 ZONE DEVELOPMENT STANDARDS STANDARD REQUIRED/ ALLOWED PROPOSED Front Yard Setback 20 ft./4ft. 4ft. A variance (V-27) was granted May 13, 1958 to allow a four foot front yard setback on this property with the original development of the lot. The remodel of the home includes retention of the garage and maintenance of the same setback as allowed pursuant to V-27. Side Yard Setback Not less than 10% of lot width; The lot measures approximately 45ft. in provided that such side yard shall width. A 5 foot side yard setback is not be less than 5 ft. and need not proposed on the north side and 8 foot side exceed 10 ft. yard setback on the south side of the lot. Rear Yard Setback Must comply with a "stringline" All new construction complies with the setback. "stringline" setback.* Max Building Height Maximum 30 feet if a minimum The project includes flat, pitched, and roof pitch of 3:12 is provided, or barrel roof areas. For the portions of the maximum 24 feet if less than a roofthat are pitched and barrel, the roof 3:12 roof pitch is provided. areas are no more than 30ft. in height. All flat roof areas are less than 24ft. in height. Lot Coverage 40% 28% Parking A two-car garage with a minimum A two-car garage with a minimum interior interior dimension of 20ft. x 20ft. dimension of 20.5 ft. deep x 25.5 ft. wide. *All new construction for this project complies with the "stringline" structural ocean setback standard, which specifies that no structure be permitted further seaward than similar structures on adjacent properties (see Section C.3, Table C below) C. Conformance with the Coastal Development Regulations for the Mello II Segment of the Local Coastal Program (CMC Chapter 21.201); the Coastal Resources Protection Overlay Zone (CMC Chapter 21.203); and the Coastal Shoreline Development Overlay Zone (CMC 21.204). The project site is located within the Mello II Segment of the Local Coastal Program and is within the appealable jurisdiction of the California Coastal Commission. The site is also located within and subject to the Coastal Resources Protection Overlay Zone and the Coastal Shoreline Development Overlay Zone. The project's compliance with each of th'ese programs and ordinances is discussed below: 1. Mello II Segment of the Certified Local Coastal Program and all applicable policies The project is located in the Mello II Segment of the Local Coastal Program. The project site has a Local Coastal Program Land Use designation of R-4/0S (R-4, Residential 0-4 dwelling units per acre/Open Space) consistent with the General Plan Land Use designations for the site. The OS General Plan Land Use designation applies to the bluff and beach portions of the site and no development is being proposed within this area. The R-4 Land Use designation allows development of single-family residences at a density of0-4 dwelling units per acre with a Growth Management Control Point (GMCP) of 3.2 dwelling units per acre. At the R-4 GMCP, 0.93 dwelling units rounded up to 1.0 would be permitted on this 0.29 acre (net developable) property. CDP 15-45-ABDI RESIDENCE August 17, 2016 Page 4 The proposed two-story, single-family residence with basement is compatible with the surrounding development of one-and two-story single-family homes. The two-story residence, which will include 50% open side yard fencing along the north property line to enable views to the Pacific Ocean, will not increase view obstruction of the coastline as seen from the public right-of-way, nor otherwise damage the visual beauty of the coastal zone. No agricultural uses currently exist on the previously developed site, nor are there any sensitive resources located on the site. The proposed single-family residence is not located in an area of known geologic instability or flood hazard. The property is located adjacent to the shore; however, since the site is residentially designated and presently developed, it is not suited for water-oriented recreation activities. Furthermore because there is adequate vertical public access to beaches in close proximity of the project site located to the north along Carlsbad Boulevard across from the Encina Power Plant, and to the south along Carlsbad Boulevard near Cerezo Drive, there is no need for additional vertical public access to beaches from this site. Therefore, the project will not interfere with the public's right of physical access to the sea. 2. Coastal Resource Protection Overlay Zone The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (CMC Chapter 21.203) 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 occurs within areas of natural steep slopes (~25%); no native vegetation is located on the subject property; and no development occurs within the 100 year flood plain. A geotechnical analysis prepared for the project indicates that the site is not located in an area prone to landslides or slope instability; and seismic hazards, such as risk of liquefaction, tsunami and seiche, is considered low. 3. Coastal Shoreline Development Overlay Zone As the project site is located within the Mello II Segment of the Local Coastal Program and is located between the ocean and the first public road parallel to the ocean, it is subject to the provisions of the Coastal Shoreline Development Overlay Zone {CMC Chapter 21.204). The proposed development complies with all applicable requirements of the Coastal Shoreline Development Overlay Zone as illustrated in Table C below: CDP 15-45-ABDI RESIDENCE August 17, 2016 Page 5 TABLE C-COASTAL SHORELINE DEVELOPMENT OVERLAY ZONE COMPLIANCE STANDARD PROVIDED Bluff Top Access Public beach access is available in close proximity Applies to lots where no beach is present or of the project site located to the north along where beach is not accessible. Carlsbad Boulevard across from the Encina Power Plant, and to the south along Carlsbad Boulevard near Cerezo Drive. Additionally, private beach access for the Terra Mar community residents is available via an existing stairway on Shore Drive. Since vertical public access is available in close proximity and the beach is present, the bluff top access requirement does not apply to the project. Geotechnical Report A geotechnical investigation for the project was Analyze bluff erosion and geologic conditions. prepared by Christian Wheeler Engineering on November 8, 2015. The complete analysis concluded that the proposed development, will not have an adverse effect on the stability of the coastal bluff and that the site is suitable for the proposed development. Appearance The proposed residential structure has been Building developed on site with a general designed with attractive architectural features that attractive appearance related to surrounding are compatible with the surrounding development development and natural environment. and natural environment. These features include a modern architectural style accentuated by flat, pitched, and barrel roof designs, vertical parapet walls, curved walls, and an angled faux rock vertical accent. 11Stringline" The structure adheres to the coastal"stringline" Maintain a "stringline" setback for structures, setback requirements and a patio is proposed patios, decks, and other similar structures. within an area of existing patio improvements. Ocean Views The proposed house complies with the applicable Building designed to preserve to the extent side yard setback requirements, and along the feasible ocean views. north elevation will continue to preserve the existing 5-foot setback which will allow an ocean view from Shore Drive. Decorative iron type view fencing with a ~50% open design replaces an existing solid fence, thus increasing the ocean view from the public street. Natural Features The proposed development is located only on the To the extent feasible, retain natural features flat portion of the lot. and topography. Grading The improved site has been previously graded to Grading executed so as to blend with existing accommodate the existing single-family residence. terrain. Grading for the basement improvements are proposed. The basement will not be visible from any offsite location. CDP 15-45-ABDI RESIDENCE August 17, 2016 Page 6 D. lnclusionary Housing Ordinance (CMC Chapter 21.85) Pursuant to CMC Section 21.85.030.D.1, the inclusionary housing ordinance shall not apply to existing residences which are altered, improved, restored, repaired, expanded or extended, and also provided that the number of units is not increased. Since there will not be an increase in the number of units on the subject property, and the project involves the alterations and expansion of an existing residence, the project is exempt from the inclusionary housing requirements. E. Growth Management The proposed project is located within Local Facilities Management Zone 3 in the northwest quadrant of the city. There will be no impact to public facilities because the new single-family residence is replacing an existing single-family residence. IV. ENVIRONMENTAL REVIEW This project is exempt from CEQA per the exemptions listed below: (1) Section 15301(1) of CEQA exemptions (Class 1) exempts the demolition of one single- family residence and other small structures from environmental review; and (2) Section 15303(a) of CEQA exemptions (Class 3) exempts the construction of one single- family residence in a residential zone from environmental review A Notice of Exemption will be filed by the City Planner upon project approval. ATTACHMENTS: 1. Planning Commission Resolution No. 7168 2. Location Map 3. Disclosure Form 4. Reduced Exhibits 5. Exhibits "A"-"T" dated June 1, 2016 • N NOT TO SCALE Abdi Residence COP 15-45 ('cicyof Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue {760) 602-4610 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: . · . · · .· · · · · · · < ·. · ·· · · · · PEtrsori is. defined as "Ally individual, firm, co-partnership, joint venture, association, social club; fraternal organization, corporation, estate, trust, .. receiver, syndicate, in this. cmd' an{ other county,. city ~nd countY. city municipality, district or other political subdivision or any other group or C:omblnation acting as a unit" · Agents may ~ign thisdocument; howe~er, the legal name a~d entity ofthe appiicantand• property ~wner must be p~ovided 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 Corp/Part..___ __________ _ Title ___________ _ Title. _____________ _ Address. _________ _ Address. ___________ _ 2. · OWNER (Not the owner's agent) P-1(A) 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.) Person ~flQO.Z -A9tf2\ Title 6W~ Addres~ \ea~b? 'N \!H\'1' 9-0AO t\etijt. SOM.No1 CA '9p;o~ Corp/Part.._ _________ _ Title. _____________ _ Address ___________ _ Page 1 of2 Revised 07/10 C7 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? D Yes [!]No If yes, please indicate person(s}: __________ _ NOTE: Attach additional sheets if necessary. e above information is true and correct ··' .. ~~1>ehroo~ Abdt' Print or type name of owner Print or type name of applicant pplicant's agent if applicable/date P-1(A) Page 2 of2 Revised 07/10 Community & Economic Development Planning Division 1635 Faraday Avenue  Carlsbad, CA 92008  760‐602‐4600  760‐602‐8560 fax ERRATA SHEET FOR AGENDA ITEM #1 Memorandum August 17, 2016 To: Planning Commission From: Christer Westman, Senior Planner Via Don Neu, City Planner Re: Errata Sheet for Agenda Item #1 CDP 15‐45 ABDI RESIDENCE Staff is recommending that the Planning Commission include the following revisions: Revise the Exhibit reference in Planning Commission staff report and resolution No. 7168 to “A”‐“P” dated August 17, 2016 Add the following conditions to resolution No. 7168: 1. By acceptance of this permit, the applicant acknowledges and agrees (i) that the site may be subject to hazards from waves, storm events, bluff retreat, and erosion; (ii) to assume the risks to the applicant and the property that is the subject of this permit of injury and damage from such hazards in connection with this permitted development; (iii) to unconditionally waive any claim of damage or liability against the City of Carlsbad, and/or the California Coastal Commission, its officers, agents, and employees for injury or damage from such hazards; and (iv) to indemnify and hold harmless the City of Carlsbad, and/or the California Coastal Commission, its officers, agents, and employees with respect to the City of Carlsbad’s approval of the project against any and all liability, claims, demands, damages, costs (including costs and fees incurred in defense of such claims), expenses, and amounts paid in settlement arising from any injury or damage due to such hazards. 2. No new shoreline or bluff protective device(s) shall be constructed to protect the development approved pursuant to Coastal Development Permit No. CDP 15‐45 including, but not limited to, the residence, the basement, foundations, patios, stairs balconies and any future improvements, in the event that the development is threatened with damage or destruction from erosion, landslides, waves, storm conditions, flooding, sea level rise or other natural coastal hazards in the future. 3. Prior to the issuance of a building permit, the owner shall dedicate a lateral public access easement generally westerly of the toe of the bluff with a minimum width of twenty‐five (25) feet to the California Coastal Commission or their designee, as agreed to with the California Coastal Commission. SHORE DRIVECourtyard: 30.00'EXISTING RESIDENCEDOWNDOWNDOWNDOWNCONCEPT_PLANT_SCHEDULEABDI RESIDENCE5263 SHORE DRIVECARLSBAD, CA 92008LANDSCAPE ARCHITECT SHORE DRIVECourtyard: 30.00'EXISTING RESIDENCEDOWNDOWNABDI RESIDENCE5263 SHORE DRIVECARLSBAD, CA 92008LANDSCAPE ARCHITECT