HomeMy WebLinkAbout2017-09-06; Planning Commission; ; CDP 2017-0009/NCP 17-0001/V 2017-0001 (DEV2017-0031) – SCHIFF RESIDENCEThe City of CARLSBAD Planning Division A REPORT TO THE PLANNING COMMISSION
Single Family Coastal Development Permit
Item No.
Application complete date: June 1, 2017
P.C. AGENDA OF:September 6, 2017 Project Planner: Greg Fisher
Project Engineer: Kyrenne Chua
SUBJECT: CDP 2017-0009/NCP 17-0001/V 2017-0001 (DEV2017-0031) – SCHIFF RESIDENCE –
Request for approval of a Coastal Development Permit, a Non-Conforming Construction
Permit and Minor Variance to allow for the demolition of an existing residence and the
construction of a new 2,579 square foot single-family residence with two attached one-
car garages within the Mello II Segment of the city’s Local Coastal Program located at 221
Normandy Lane within Local Facilities Management Zone 1. The project site is not 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 Sections 15303(a), construction of a single-family
residence, and Section 15305, minor alterations in land use limitations, of the state CEQA
Guidelines.
I.RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 7262 APPROVING Coastal
Development Permit CDP 2017-0009, Non-Conforming Construction Permit NCP 17-0001, and Minor
Variance AV 2017-0001, based upon the findings and subject to the conditions contained therein.
II.PROJECT DESCRIPTION AND BACKGROUND
Project Site/Setting: The 0.07 acre (3,281 square feet) project site is located at 221 Normandy Lane
between Garfield Street and Mountain View Drive as shown on the attached location map. The relatively
flat lot is developed with an older one-story home and attached one-car garage. Only the dwelling will be
demolished to accommodate the new single-family residence as the existing one-car garage will remain
to help provide required off-street parking. Existing frontage improvements include a paved road but
there is no curb, gutter or sidewalk. Table “A” below includes the General Plan Land Use 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-15 Residential R-3 Single-Family Home
North R-15 Residential R-3 Vacant
South R-15 Residential R-3 Single-Family Home
East R-15 Residential R-3 Duplex
West R-15 Residential R-3 Duplex
4
CDP 2017-0009/NCP 17-0001/V 2017-0001 (DEV2017-0031) – SCHIFF RESIDENCE
September 6, 2017
Page 2
Proposed Residential Construction: The project consists of the construction of a new 2,579 square foot
three-story single-family residence and attached 258 square foot one-car garage. The proposed project
offers a contemporary beach style aesthetic which is complementary to the surrounding neighborhood.
The three-story massing of the project is broken down utilizing multiple roof lines and varying roof heights
to create interest and offer a more human scale composition. The contemporary beach style residence
features a light gray stucco and composite siding exterior with decorative stone veneer accents and a dark
gray composition shingle roof. Other features include an elevator and covered view deck located on the
upper floor. Also included is a 719 square foot attached accessory dwelling unit located on the second
floor.
Proposed Grading: Project grading quantities are 30 cubic yards of fill and 85 cubic yards of remedial
grading work. A minor grading plan is required for the project.
Additional Required Permits: In addition to the Coastal Development Permit, Non-Conforming
Construction Permit and Minor Variance, the proposed Accessory Dwelling Unit (ADU) will be
administratively reviewed and acted upon by the City Planner through a separate Minor Coastal
Development Permit (CDP 2017-0010), subsequent to the Planning Commission action on CDP 2017-
0009/NCP 17-0001/V 2017-0001.
III. ANALYSIS
The project is subject to the following regulations and requirements:
A. R-15 Residential General Plan Land Use Designation;
B. Multiple Family Residential Zone (R-3, CMC Chapter 21.16);
C. Beach Area Overlay Zone (BAOZ, CMC Chapter 21.82);
D. Non-Conforming Buildings and Uses (CMC Chapter 21.48);
E. Minor Variance (CMC Chapter 21.50);
F. Coastal Development Regulations for the Mello II Segment of the Local Coastal Program (CMC
Chapter 21.201) and Chapter 21.203 (Coastal Resource Protection Overlay Zone);
G. Inclusionary Housing Ordinance (CMC Chapter 21.85); and
H. 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-15 Residential which allows for the
development of single-family and multiple-family residences at a density of 8-15 dwelling units per acre
with a Growth Management Control Point (GMCP) of 11.5 dwelling units per acre. The project’s density
(14.3 du/ac) is within the range but exceeds the GMCP of the R-15 General Plan Land Use designation.
However, one single-family dwelling is permitted to be constructed on a legal lot that existed as of October
28, 2004, pursuant to General Plan Residential Land Use Policy 2-P.7. The subject lot was legally created
prior to October 28, 2004; therefore, development of a one-family dwelling is consistent with the R-15
General Plan Land Use designation.
CDP 2017-0009/NCP 17-0001/V 2017-0001 (DEV2017-0031) – SCHIFF RESIDENCE
September 6, 2017
Page 3
B. Multiple-Family Residential Zone (R-3) and Beach Area Overlay Zone (BAOZ)
The project is required to comply with all applicable regulations and development standards of the
Carlsbad Municipal Code (CMC) including the Multiple-Family Residential (R-3) zone (CMC Chapter 21.16)
and the Beach Area Overlay Zone (BAOZ)(CMC Chapter 21.82). Table “B” below shows how the project
complies with the applicable requirements of the R-3 zone.
TABLE B – R-3 ZONE DEVELOPMENT STANDARDS
STANDARD REQUIRED PROPOSED COMPLY
Front Yard Setback 20’ minimum 10’ *See Section “E” below. Yes
Side Yard Setback 6’-5” minimum 6’-6” Yes
Rear Yard Setback 13’ minimum 5’ *See Section “E” below. Yes
Lot Coverage 60 percent maximum 49 percent Yes
Parking Two-car garage (20’ x 20’) or 2
One-car garages (12’ x 20')
2 Attached One-car garages Yes
*Subject to approval of V 2017-0001
C. Beach Area Overlay Zone (BAOZ, CMC Chapter 21.82)
The project is required to comply with the development standards of the Beach Area Overlay Zone (BAOZ).
The proposed project meets all applicable requirements of the BAOZ as demonstrated in Table C below.
Section 21.82.040 of the CMC requires that a site development plan be approved in order for any building
permits or other entitlements to be issued for any use in the BAOZ. However, a site development plan is
not required for the construction, reconstruction, alteration or enlargement of a single-family residential
dwelling on a residentially zoned lot.
TABLE C – BAOZ DEVELOPMENT STANDARDS
STANDARD REQUIRED/ALLOWED PROPOSED
Max Building Height 30 feet for roof pitch >3:12 or
24 feet for roof pitch <3:12
29 feet 11 inches, 3:12 pitch
Visitor Parking .30 space per unit (1 space rounded up) 1 guest parking space
D. Non-Conforming Buildings and Uses (CMC Chapter 21.48)
The project is required to comply with the requirements of the Non-Conforming Buildings and Uses
chapter of the zoning ordinance because the existing garage does not meet the setback for the side yard
(6’-6”) and rear yard (13 feet). The proposed replacement residence is in conformance with all applicable
zoning standards with the approval of Variance 2017-0001 as shown in Table B above and discussed in
Section E below. Chapter 21.28 of the Carlsbad Municipal Code requires that four findings be made in
order to approve a Non-Conforming Construction Permit. All of the findings can be made for this project
as discussed below.
1. The expansion/replacement of the residential structure would not result in an adverse impact to the
health, safety and welfare of surrounding uses, persons or property in that the property is already
developed with a single-family home (to be replaced with a new structure) and is surrounded by
single-family and multi-family residences. In addition, the proposed project improvements (with
the approval of the front and rear yard variance) will meet all current planning, building, and
engineering standards.
CDP 2017-0009/NCP 17-0001/V 2017-0001 (DEV2017-0031) – SCHIFF RESIDENCE
September 6, 2017
Page 4
2. The area of expansion shall comply with all current requirements and development standards of the
zone (R-3/BAOZ) in which it is located in that the new residential structure complies with current
front, side and rear yard setback requirements and all other development standards such as
building height and lot coverage with the approval of the variance (V 2017-0001). The project is
consistent with the parking requirements as a new one-car garage is proposed in addition to the
existing one-car garage to remain, and an open visitor parking space on the paved driveway is
provided. The open parking space is required guest parking in accordance with the BAOZ.
3. The expansion/replacement structure shall comply with all current fire protection and building codes
and regulations contained in Titles 17 and 18 in that a building permit, issued by the City of Carlsbad,
is required for the project and the building plans will be reviewed for consistency with applicable
fire protection and building codes. Furthermore, the project will undergo standard building
inspection procedures during the construction of the new three-story residential structure.
4. The expansion/replacement would result in a structure that would be considered an improvement to,
or complimentary to and/or consistent with the character of the neighborhood in which it is located
in that the new three-story residential structure will compliment recently approved homes and be
consistent with the character of the neighborhood consisting of one-, two-, and three-story
structures. The project will also provide covered off-street parking spaces (two one-car garages)
and one open visitor parking space as required in the R-3 zone and BAOZ.
E. Minor Variance (CMC Chapter 21.50)
The applicant has requested a minor variance for reduced front and rear yard setbacks. The standard
required front yard setback in the R-3 zone is 20 feet. However, the project site is currently developed
with an existing home that only has a 10.6 foot setback, and is located between lots having nonconforming
front yard setbacks of 10.0 feet for the residence immediately to the west and 15.9 feet for the residence
immediately to the east. A vacant lot located directly across from the subject site on the north side of
Normandy Lane was recently approved with a 10 foot front yard setback. Another home fronting
Normandy Lane and three sites east of the subject site has a 5.9 foot setback. Furthermore, several other
homes within the area also have reduced front yard setbacks. The applicant is proposing a 10 foot main
structure setback from the property line along Normandy Lane and, therefore, requires a minor variance.
While most of the proposed residence is located 10 feet from the front property line, the western portion
of the home contains the existing one-car garage that is 29.9 feet from the front property line. The project
proposes a second one-car garage on the eastern portion of the home that is 25 feet from the front
property line. Second floor living space above the new garage is set back approximately 20.7 feet from
the front property line.
The standard rear yard setback in the R-3 zone is 20 percent of the lot width, with a minimum of 10 feet.
The lot is 65 feet wide and therefore requires a 13 foot rear yard setback. The applicant is proposing a
rear yard setback that varies from five to eight feet for all three floors. The project site is currently
developed with an existing home that only has a 5’-6” rear yard setback.
The setback variance is considered minor because the reduced front and rear yard setbacks do not exceed
75 percent of the required setbacks. Pursuant to CMC Chapter 21.50, minor variances may only be
granted if five findings can be made. Each of the findings and the supporting analysis is described below.
1. That because of special circumstances applicable to the subject property, including size, shape,
topography, location or surroundings, the strict application of the zoning ordinance deprives such
CDP 2017-0009/NCP 17-0001/V 2017-0001 (DEV2017-0031) – SCHIFF RESIDENCE
September 6, 2017
Page 5
property of privileges enjoyed by other property in the vicinity and under identical zoning
classification.
The lot is substandard at 3,281 square feet, which is approximately 43 percent of the 7,500 square
foot minimum lot size for the R-3 zone. The lot was legally created more than 90 years ago and is one
of the smaller lots within the subdivision and surrounding area.
In addition to being substandard in lot size, the project site is wider at 65 feet with a shallow depth of
50 feet. The typical lot depth of a standard R-3 lot is 125 feet. At 50 feet in depth, it is impossible to
meet the required minimum interior dimension standards for a two-car garage (20’ x 20’) and
maintain the required 20 foot front yard setback for street facing garages and a 13 foot rear yard
setback.
Furthermore, without approval of the variance, the applicant could not achieve similar lot coverage
and square footage enjoyed by other properties located within the subdivision and surrounding
neighborhood.
2. That the minor variance shall not constitute a grant of special privileges inconsistent with the
limitations upon other properties in the vicinity and zone in which the subject property is located
and is subject to any conditions necessary to assure compliance with this finding.
The surrounding neighborhood consists entirely of substandard lot sizes and developed properties
that generally do not meet the current R-3 development standards. Most of the surrounding lots have
been developed in a way that does not meet at least one of the current required development
standards of the R-3 zone. Deviations on other lots include front yard, rear yard, and side yard setback
reductions and reduced off-street covered parking requirements.
This site and other properties in the neighborhood were originally built with reduced front, side, and
rear yard setbacks. Variances for setback reductions have been granted to other properties in the
same zone and vicinity. Therefore, the minor variance is not considered a special privilege. Overall,
the proposed front yard setback reduction to 10 feet and rear yard setback reduction ranging from
five to eight feet are similar to several of the nearby properties within the neighborhood.
3. That the minor variance does not authorize a use or activity which is not otherwise expressly
authorized by the zone regulation governing the subject property.
The granting of a minor variance to reduce the required front yard setback from 20 feet to 10 feet
and the rear yard setback from 13 feet to a range of five to eight, does not authorize a use which is
not otherwise expressly permitted by the zoning regulations. A one-family dwelling is allowed by right
within the Multiple-Family Residential (R-3) zone. Therefore, a deviation from the setback standards
does not authorize a use or activity which is not authorized by the zone.
4. That the minor variance is consistent with the general purpose and intent of the General Plan and
any applicable specific or master plans.
CDP 2017-0009/NCP 17-0001/V 2017-0001 (DEV2017-0031) – SCHIFF RESIDENCE
September 6, 2017
Page 6
The project consists of a new single-family home with two one-car garages (one existing and one
proposed). The proposed use is expressly authorized by the Zoning Ordinance and General Plan
regulations governing the subject property. The granting of a minor variance for front yard and rear
yard setbacks to allow for the construction of a new home is consistent with the general purpose and
intent of the General Plan for the R-15 Residential Land Use designation.
5. The minor variance is consistent with the general purpose and intent of the certified local coastal
program and does not reduce or in any manner adversely affect the requirements for protection of
coastal resources.
The granting of a minor variance is consistent with and implements the requirements of the Local
Coastal Program. The variance will not have an adverse effect on coastal resources as discussed below
in Section “F” and will have no impacts on sensitive environmental resources. Therefore, granting
such a variance is consistent with the Local Coastal Program.
F. Conformance with the 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).
The project site is located within the Mello II Segment of the Local Coastal Program and is not within the
appeals jurisdiction. The site is also located within and subject to the Coastal Resource Protection Overlay
Zone. The project’s compliance with each of these 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 Local Coastal Program Segment.
The subject site has an LCP Land Use Plan designation of R-15 Residential, which allows for a density of 8
to 15 du/acre and 11.5 du/acre at the Growth Management Control Point (GMCP). At the R-15 GMCP,
0.8 dwelling units would be permitted on this 0.07 acre (net developable) property. However, one single-
family dwelling is permitted to be constructed on a legal lot that existed as of October 28, 2004, pursuant
to General Plan Residential Land Use Policy 2-P.7. The subject lot was legally created prior to October 28,
2004; therefore, development of a one-family dwelling is consistent with the R-15 General Plan Land Use
designation and R-15 LCP Land Use Plan designation.
The project consists of the construction of a new 2,579 square foot single-family residence with two
attached one-car garages in an area designated for single-family and multi-family residential
development. The proposed three-story residence is compatible with the surrounding development of
one- to three-story residential structures. The three-story residence 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. Furthermore, no agricultural uses exist on the site, nor are there any sensitive resources
located on the previously developed site. The proposed single-family residence is not located in an area
of known geologic instability or flood hazard. Given that the site does not have any frontage along the
coastline, no public opportunities for coastal shoreline access or water-oriented recreational activities are
available.
CDP 2017-0009/NCP 17-0001/V 2017-0001 (DEV2017-0031) – SCHIFF RESIDENCE
September 6, 2017
Page 7
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. The subject property is a previously developed parcel that does not include steep slopes
(equal to or greater than 25 percent gradient) nor native vegetation. In addition, the site is not located in
an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction.
G. Inclusionary Housing Ordinance (CMC Chapter 21.85)
Pursuant to CMC Chapter 21.85.030 (D.3), a project may be exempt from the inclusionary housing
requirement if the construction of a new residential structure replaces a residential structure that was
demolished within two years prior to the application for a building permit for the new residential
structure. The exemption is contingent upon the number of residential units not being increased from
the number of residential units in the previously demolished residential structure. Since there will not be
an increase in the number of units on the property, the project will be exempt from the inclusionary
housing requirement if building permits are issued within two years of the demolition of the existing
residential structure.
H. Growth Management
The proposed project is located within Local Facilities Management Zone 1 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 15303(a) of CEQA exemptions (Class 3) exempts the construction of one single-family
residence in a residential zone from environmental review; and
(2) Section 15305(a) of CEQA Exemptions (Class 5) exempts minor setback variances not resulting in
the creation of any new parcels from environmental review.
A Notice of Exemption will be filed by the City Planner upon project approval.
ATTACHMENTS:
1. Planning Commission Resolution No. 7262
2. Location Map
3. Disclosure Form
4. Reduced Exhibits
5. Exhibit(s) “A” – “I”
PACIFIC OCEAN
O
C
E
A
N
S
T PACIFIC AVNORMANDY LNMOUNTAINVIEWDR
GARFIELD
S
T
CDP2017-0009 / NCP17-0001 / V2017-0001SCHIFF RESIDENCE
SITE MAP
SITE
EL
CAMINO
R
E
A
LLA COSTA AV
A L G A R D
C
A
R
L
S
B
A
D
B
L
ATTACHMENT 2
ATTACHMENT 3
f~cicyof
Carlsbad ·
DISCLOSURE STATEMENT
P-1 (A)
De velopment 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 MU ST 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 club, 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.
2.
P-1(A)
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 . '(DB~~D-<S C.\...\t ·ff-_ Corp/Part. __________ _
Title , · OW 1-J(Qf.... Title
Address \ 5'G? I IN~\f[I~ ~ \ Add·f~e-ss _________ _
(!.,t A ~i"l"'tciil'-lT°' ?Ka 17\1 -~ · \V--t 1 -• I\)~,-\\ I\
OWN ER (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.)
Person D~v'C\ S c...i-\-\ff Corp/Part. _________ _
Title 0w V\e_;{2_ Title --------------
Address \ sea' \N¥\\,T\~'L t>f,'1/c, Address -------------
c. L t::Q..\;3 !"'\. Oi"'C\ ,, CP.-,
9 \7 \ \
Page 1 of 2 Revised 07/10
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 ~nd/or Council within the past twelve (12)
months?
D Yes lZJ 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. -°'@ V J , . _e-~ . .Jt:J. __) 9 -·
Signature o.f owner/dat Signature of applicant/date
Print or type name of owner Print or type name of applicant
Oif A1M1 ~ I /J [ 17
S§!J,ature of owner/applicant's agent if applicable/date
Je fr'e--S C \4-\~(\J
Print or type name of owner/applicant's agent
P-1 (A) Page 2 of 2 Revised 07 /10