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HomeMy WebLinkAbout2020-08-19; Planning Commission; ; CDP 2018-0036/NCP 2018-0003 (DEV2018-0021) – CLINE RESIDENCE Single Family Coastal Development Permit Item No. Application complete date: February 4, 2020 P.C. AGENDA OF: August 19, 2020 Project Planner: Paul Dan Project Engineer: Tim Carroll SUBJECT: CDP 2018-0036/NCP 2018-0003 (DEV2018-0021) – CLINE RESIDENCE - Request for approval of a Coastal Development Permit and Nonconforming Construction Permit to allow the addition of 3,145 square feet to an existing 2,330-square-foot single-family residence for a total of 5,475 square feet, and removal of unpermitted features on the bluff, within the Mello II Segment of the city’s Local Coastal Program located at 5215 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 15301(e)(2), additions to existing structures less than 10,000 square feet, of the state CEQA Guidelines. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7380 APPROVING Coastal Development Permit and Nonconforming Construction Permit CDP 2018-0036/NCP 2018-0003 based upon the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND Project Site/Setting: The 0.32-acre (13,939 square feet) project site is located at 5215 Shore Drive as shown on the attached location map. The site is presently developed with an existing 2,330-square-foot, one-story single-family residence with an attached two-car garage which was legally constructed circa 1954. Existing development also includes a cantilevered wood deck in the rear of the residence due west, facing the ocean. Due north of the deck are stairs that lead down to a flat terraced area, and from there is another staircase that leads down the bluff toward the beach. The topography of the site gradually descends in elevation from east to west within the areas of existing and proposed development, and then descends more sharply in elevation from east to west on the bluff as it nears the beach below. The bluff is covered in two areas by ornamental vegetation (e.g. ice plant) and, as it descends towards the ocean, by high-strength gunite that was installed in the early 1970’s prior to the Coastal Act. Installed below the gunite is shotcrete as a means to prevent adverse erosion to the bluff and residence. Many of the bluff- top residences on Shore Drive similarly had gunite installed to address bluff erosion issues. Onsite vegetation is ornamental and is comprised of mostly ice plant. 1 CDP 2018-0036/NCP 2018-0003 (DEV2018-0021) – CLINE RESIDENCE August 19, 2020 Page 2 Table “A” 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 Residential/Open Space (R- 4/OS)* One-Family Residential/Open Space (R-1/OS) Single-Family Residence North R-4/OS R-1/OS Single-Family Residence South R-4/OS R-1/OS Single-Family Residence East Residential (R-4) One-Family Residential (R-1) Single-Family Residence West -- -- Pacific Ocean * The very western portion of the site on the beach west of the mean high tide line, is designated Open Space (OS). Proposed Residential Construction: Proposed construction includes 3,145 square feet (sq. ft.) of additions and remodeling to the existing 2,330 sq. ft. residence. The additions consist of 554 sq. ft. of habitable space to the first floor, all of which is located in the courtyard of the residence, and 2,166 sq. ft. for a new second story. The remodel includes the conversion of an existing game room to a garage/workshop, a staircase and elevator to access the second story, additional dining and living space, and replacement of the balcony at the rear of the residence. The new second story will house the majority of the bedrooms. The project is consistent with the building height, at 24 feet, for residences that have a roof pitch less than 3:12. Architecturally, the proposed residence remodel features a contemporary-minimalist design, utilizing clean straightforward lines to convey a simple and orderly aesthetic. The white building forms are complemented by composite organic wood accent siding. Dark bronze colored fine-line aluminum doors and windows offer a contrast to the white-colored building forms. The existing residence is considered legal nonconforming due to the front and side yard setbacks. The proposed construction is required to meet current setback and other development standards, as discussed in Section III.C of this report. Removal of Unpermitted Bluff Structures: The project also includes removal of unpermitted structures and building materials and restoration of the bluff. The intent of the work is to bring the property into compliance with applicable coastal policies and development standards. The applicant is proposing to restore the bluff back to an acceptable condition prior to 2004, which was approximately when most of the unpermitted work occurred. Removal of some of the unpermitted structures would cause a three- foot vertical cut into the bluff, so the applicant proposes to stabilize the cut slope with a Geobrugg Tecco slope stabilization system utilizing high-tensile steel wire nets/meshes and spike plates, covered by a geomat and hydroseed mix on the exposed soil. Below lists the general work proposed to the bluff: x Removal of the cantilevered portion of the patio directly adjacent to the west wall of the residence. x Removal of the expanded wood deck and spa on the bluff, due east of the original existing staircase landing deck, and the stone cladding wall. This portion of the bluff will be restored appropriately to a condition prior to 2004 when most of the unpermitted work occurred. x Removal of the expanded shower area north of the staircase landing deck. x Removal of the cantilevered portion of the staircase landing deck that extends due west. The applicant is proposing to retain two features on the bluff that the Coastal Commission staff initially indicated should be removed, as discussed in Section D below. Required Permits: The project is located in the coastal zone and is subject to the Mello II Segment of the Local Coastal Program and approval of a Coastal Development Permit (CDP), which is appealable to the CDP 2018-0036/NCP 2018-0003 (DEV2018-0021) – CLINE RESIDENCE August 19, 2020 Page 3 California Coastal Commission. The project also requires a Nonconforming Construction Permit (NCP) for the expansion of a home with existing nonconforming front and side yard setbacks where the expansion area exceeds 640 square feet. Proposed Grading: Estimated grading quantities include five cubic yards (cy) of cut, zero cy of fill with one cy of export. A grading permit will be required for this project because the grading exceeds a percentage of the total work threshold. III. ANALYSIS The project is subject to the following regulations and requirements: A. Residential/Open Space (R-4/OS) General Plan Designation; B. One-Family Residential (R-1) Zone (CMC Chapter 21.10); C. Nonconforming Structures and Uses (CMC Chapter 21.48); D. 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) E. Inclusionary Housing Ordinance (CMC Chapter 21.85); and F. 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 Residential (R-4), which 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, one dwelling unit would be permitted on this 0.32-acre property. One single-family residence currently exists on the site. The proposed addition does not increase the number of dwelling units on the site; thus, the project remains consistent with the R-4 General Plan Land Use designation. B. R-1 One-Family Residential Zone (CMC Chapter 21.10) The project site is zoned One-Family Residential (R-1). 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 all applicable requirements of the R-1 zone as shown in Table “B” below: CDP 2018-0036/NCP 2018-0003 (DEV2018-0021) – CLINE RESIDENCE August 19, 2020 Page 4 TABLE B – R-1 ZONE DEVELOPMENT STANDARDS STANDARD REQUIRED/ALLOWED PROPOSED Front Yard Setback 20 feet 12’-3” (First story existing) 20 feet (Second story proposed)* Side Yard Setback 6 feet 5 feet (First story existing) 6 feet (Second story proposed)* Rear Yard Setback 12 feet 90+ feet Max Building Height Maximum 24 feet with less than a 3:12 roof pitch provided 24 feet with a 0.125:12 roof pitch Lot Coverage 40 percent 38 percent Parking Two-car garage (20 feet x 20 feet) Three-car garage *Per CMC Sections 21.48.050(A) and (C), nonconforming residences may be altered and expanded as long as the project does not add nonconformities or increase the degree of an existing nonconformity, and the new construction must meet current development standards. C. Nonconforming Structures and Uses (CMC Chapter 21.48) Since the residence was built in the mid 1950’s development standards and requirements have changed. Although the residence was legally constructed circa 1954, it does not meet the current standards applicable for lots within the R-1 zone. As shown in Table “B” above, the existing home has legal nonconforming front and side yard setbacks. Currently the residence has a front yard setback of 12’-3” and side yard setbacks of 5’-0” and 5’-2” on the south and north sides, respectively. According to CMC Section 21.48.050(A), nonconforming residences may be altered and expanded as long as the project does not create additional nonconformities or increase the degree of the existing nonconformity. CMC Section 21.48.080(D) requires four findings in order to approve a Nonconforming Construction Permit. All of the findings can be made for this project as discussed below: 1. The expansion 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 proposed additions and remodel will not result in an additional structural nonconformity because the new second story satisfies the current R-1 zone development standards and requirements. Therefore, the additions and remodel will not add a new, or increase the degree of the existing, nonconformity and will not result in an adverse impact to the surrounding area. 2. The area of expansion shall comply with all current requirements and development standards of the zone (R-1) in which it is located in that the new second story complies with the front, side and rear yard setback requirements and all other development standards including building height and lot coverage. 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 the project’s construction drawings will be reviewed for consistency under all applicable fire protection and building codes prior to issuance of a building permit. Furthermore, the project will undergo standard building inspection procedures during the construction of the addition. 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 project proposes 3,145 square feet of additions and a remodel to the first floor of a home constructed circa 1954. The second-story additions and remodel of the first floor improve the lot CDP 2018-0036/NCP 2018-0003 (DEV2018-0021) – CLINE RESIDENCE August 19, 2020 Page 5 and the residence by bringing it up to current standards. Expansions and remodels are common for the neighborhood, more specifically Shore Drive, and the project complements the surrounding residences. The project also meets all applicable development standards for the R-1 zone, including but not limited to height, setbacks, and building coverage. D. 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). 1. Mello II Segment of the Certified Local Coastal Program and all applicable policies. The project is located within the Mello II Segment of the Local Coastal Program. The project site has a Local Coastal Program (LCP) Land Use designation of Residential (R-4), which is consistent with the General Plan Land Use designation for the site. The R-4 LCP 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, one dwelling unit would be permitted on this 0.32-acre property. One single-family residence already exists on the site. The proposed addition does not increase the number of dwelling units on the site. Therefore, the project remains consistent with the R-4 LCP Land Use designation. The project consists of the addition of 3,145 square feet to an existing 2,330-square-foot single-family residence for a total of 5,475 square feet and an attached three-car garage in an area designated for residential development. The resulting two-story, single-family residence is compatible with the surrounding development of one- and two-story single-family residences. The two-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. In addition to the remodel and additions, the project proposes bluff restoration by the removal of unpermitted work as described in Section II above. The applicant is proposing to restore the bluff through a sustainable manner by utilizing high-tensile steel wire nets/meshes and spike plates. However, the applicant is proposing to retain two of the features, the stairway from the residence to the beach, and the extra gunite at the base of the staircase to the beach which serves as a means to prevent erosion and offer public access during high-tides. The Coastal Commission staff does not agree with maintaining the two mentioned features. However, removal of the gunite shoreline protection would immediately endanger the project site and the adjacent properties to the north and south by accelerated erosion and associated flanking of the low elevation terrace deposits. Pursuant to the City’s Coastal Shoreline Development Overlay Zone (CMC) Chapter 21.204, construction that alters the natural shoreline shall be permitted to protect existing structures or public beaches in danger from erosion. Lastly, the staircase leading from the residence to the beach was originally built prior to the Coastal Act. Therefore, the project proposes to revert the staircase to its configuration when it was originally constructed. No agricultural uses currently exist on the previously graded and developed site, nor are there any sensitive resources located on the developable portion of 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, it is not suited for water-oriented recreation activities. Furthermore, because there is adequate vertical public access to beaches located to the north and south of the property 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 to physical access to the sea. CDP 2018-0036/NCP 2018-0003 (DEV2018-0021) – CLINE RESIDENCE August 19, 2020 Page 6 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, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban run-off, pollutants and soil erosion. In addition, the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. 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. The proposed development complies with all applicable requirements of the Coastal Shoreline Development Overlay Zone as illustrated in Table “C” below: TABLE C – COASTAL SHORELINE DEVELOPMENT OVERLAY ZONE COMPLIANCE STANDARD PROVIDED Lateral Access 25’ dry sandy beach The project has been conditioned to grant an access easement for a minimum of 25’ of dry sandy beach. Bluff Top Access Applies to lots where no beach is present or where beach is not accessible. Access to the beach is available via an existing public stairway located less than 600 feet north of the subject site. In addition, this access is also located on the same street as the subject property, Shore Drive. Since the access is available and the beach is present, the requirement does not apply to the project. However, the project proposes to maintain the additional gunite installed at the base of the staircase to the beach as a means for public access and shelter from high-tide. Geotechnical Report Analyze bluff erosion and geologic conditions. A geotechnical analysis for the project was prepared by TerraCosta Consulting Group on October 25, 2017. The analysis concluded that the proposed development, including the removal of unpermitted features and restoration of the bluff, will have no adverse effect on the stability of the coastal bluff for the life of the project, and that the site is suitable for the proposed development. The added gunite will remain as a means of erosion control for the project site and the neighboring properties to the north and south. Removal of the added gunite would immediately accelerate erosion and associated flanking of the low elevation terrace deposits on the site and adjacent properties. 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 are compatible with the surrounding development and natural environment. The project proposes to remove unpermitted extensions but maintain the stairway from the house to the beach, which was in place prior to the Coastal Act and is similar to several other stairways along the Carlsbad Coast. The gunite near the base of the stairway was added to the pre- CDP 2018-0036/NCP 2018-0003 (DEV2018-0021) – CLINE RESIDENCE August 19, 2020 Page 7 STANDARD PROVIDED existing gunite as a means for erosion protection and public access safety and does not substantially alter the appearance of the site. Ocean Views Building designed to preserve to the extent feasible ocean views. The project design is consistent with the other adjacent homes along Shore Drive. The proposed structure complies with applicable side yard setback requirements, and to the extent feasible along the north elevation, will continue to preserve existing ocean views from the public street. A condition requires dĞĐŽƌĂƚŝǀĞ ǀŝĞǁ ĨĞŶĐŝŶŐ ǁŝƚŚ Ă шϱϬй opening to help preserve existing ocean views from the public street. Natural Features To the extent feasible, retain natural features and topography. The proposed addition is located only within the footprint of the existing single-family residence, consistent with this requirement. The bluff will also be reclaimed by the removal of unpermitted structures, restoring the bluff to its prior condition as described previously, and will achieve a more natural appearance. Grading Grading executed so as to blend with existing terrain. The improved site has been previously graded to accommodate the existing structure. Minimal grading will be performed, mostly as a means to remove unpermitted structures and restore the bluff. “Stringline” Maintain a “stringline” setback for structures, patios, decks, and other similar structures. The project adheres to all coastal “stringline” setback requirements. The project consists of second-story additions and a remodel to an existing residence. The new development to the residence will adhere to the stringline setback requirement for both the residential structure and patio/decks. E. Inclusionary 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. F. Growth Management The proposed project is located within Local Facilities Management Zone 3 in the Northwest Quadrant of the city. The project proposes additions to an existing single-family residence without increasing density, so there will be no impacts on public facilities. IV. ENVIRONMENTAL REVIEW This project is exempt from CEQA per Section 15301(e)(2) of the state CEQA Guidelines, which exempts additions to existing structures less than 10,000 square feet. In making this determination, the City CDP 2018-0036/NCP 2018-0003 (DEV2018-0021) – CLINE RESIDENCE August 19, 2020 Page 8 Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. A Notice of Exemption will be filed by the City Planner upon project approval. ATTACHMENTS: 1. Planning Commission Resolution No. 7380 2. Location Map 3. Disclosure Form 4. Reduced Exhibits 5. Exhibit(s) “A” – “L” dated August 19, 2020 PACIFIC OCEAN SHORE DRCARLSBAD BL CDP 2018-0036/NCP 2018-0003 Cline Residence SITE MAP J SITE E L C A MINO RE ALLA COSTA AVCARLSBAD B L MELROSE DRPOINSET T I A L N CDP2018-0036/NCP2018-0003(DEV2018-0021)