HomeMy WebLinkAbout2020-08-19; Planning Commission; ; CDP 2020-0001 (DEV2019-0162) – PATEL RESIDENCE
Single-Family Coastal Development Permit
Item No.
Application complete date: April 28, 2020
P.C. AGENDA OF: August 19, 2020 Project Planner: Jason Goff
Project Engineer: David Rick
SUBJECT: CDP 2020-0001 (DEV2019-0162) – PATEL RESIDENCE - Request for approval of a Coastal
Development Permit to allow for the construction of a 5,714-square-foot, two-story
single-family residence with a 2,768-square-foot subterranean parking garage on a vacant
lot generally located along the east side of Carlsbad Boulevard and north of Manzano
Drive within the Mello II Segment of the city’s Local Coastal Program and 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. 7379 APPROVING Coastal
Development Permit CDP 2020-0001 based upon the findings and subject to the conditions contained
therein.
II. PROJECT DESCRIPTION AND BACKGROUND
Project Site/Setting: The 0.17-acre (7,245 square feet) project site is located on an existing vacant lot
approximately six (6) lots north of Manzano Drive on the east side of Carlsbad Boulevard as shown on the
attached location map. The topography of the site is gently sloping from east to west and the onsite
vegetation is considered disturbed. A five-foot-wide public utilities easement is located on the property
and runs parallel to the eastern (rear) property line. No frontage improvements exist except for an existing
rolled curb. No agricultural activities, sensitive resources, geological instability, flood hazards or coastal
access opportunities exist onsite. 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 R-4 (Residential, 0-4 du/ac) R-1 (One-Family Residential) Vacant Lot
North R-4 R-1 Vacant Lot
South R-4 R-1
Two-story single-family
home
2
CDP 2020-0001 (DEV2019-0162) – PATEL RESIDENCE
August 19, 2020
Page 2
TABLE A (CONTINUED)
Location General Plan Designation Zoning Current Land Use
East R-4 R-1 One-story single-family
homes
West -- -- Carlsbad Boulevard
Proposed Residential Construction: The project involves the construction of a new 5,714-square-foot,
two-story single-family residence with a 2,768-square-foot subterranean parking garage on an existing
vacant lot. Of the total living area, 638 square feet will consist of an attached accessory dwelling unit
(ADU) on the first floor. The ADU will be administratively reviewed and acted upon by the City Planner
through a separate Minor Coastal Development Permit (CDP 2020-0013) subsequent to the Planning
Commission’s action on CDP 2020-0001.
The proposed home includes seven (7) bedrooms throughout, with the kitchen and living room located
on the second floor. The design also includes a 1,173-square-foot roof deck and a 129-square-foot second-
floor deck overlooking a pool. The new home features a “Contemporary” architectural style with flat roofs,
large windows and retractable glass doors facing west towards the ocean. At the rear of the home is a
centralized elevator/stairwell tower extending through all floors of the home. Exterior building materials
are primarily a smooth stucco with secondary accent materials consisting of horizontal Hardie board siding
and porcelain wall tile with horizontal wood elements at the second-floor plate line and fascia. A standing
seam metal roof is proposed over the portion of the home with a 3:12 pitched roof. Additional
architectural elements include a 42-inch-tall frameless glass fence/guardrail around both exteriors of the
roof deck and second floor deck. Fire sprinklers are proposed throughout the entire residence. Eight (8)
photovoltaic solar panels are mounted on the roof, and provisions for electric vehicle charging is included
in the garage. New fencing and walls are proposed along the east and south property lines.
Proposed Grading: Estimated grading quantities include 890 cubic yards (cy) of cut, 255 cy of fill with 635
cy of export. The finished floor elevation of the proposed home is at an elevation approximately six (6)
feet above the elevation of Carlsbad Boulevard. A grading permit will be required for this project.
III. ANALYSIS
The project is subject to the following regulations and requirements:
A. R-4 Residential General Plan Land Use Designation;
B. One-family Residential (R-1) Zone (CMC Chapter 21.10);
C. Coastal Development Regulations for the Mello II Segment of the LCP (CMC Chapter
21.201) and the Coastal Resources 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 city regulations and policies. The project’s compliance with each of the above
regulations is discussed in detail in the sections below.
CDP 2020-0001 (DEV2019-0162) – PATEL RESIDENCE
August 19, 2020
Page 3
A. R-4 Residential General Plan Land Use Designation
The General Plan Land Use designation for the property is R-4, Residential. The R-4 Land Use designation
allows development of single-family residences at a density of 0 to 4 dwelling units per acre (du/ac) with
a Growth Management Control Point (GMCP) of 3.2 du/ac. The 0.17-acre parcel would permit 0.5 dwelling
units. Pursuant to General Plan Residential Land Use Policy 2-P.7, one (1) single-family residence is
permitted to be constructed on a legal lot that existed as of October 28, 2004. Since the subject lot was
legally created prior to October 28, 2004 (Lot 125 of Map No. 3312, recorded October 14, 1955), the
project is consistent with the R-4 General Plan Land Use designation.
B. One-Family Residential (R-1) Zone (CMC Chapter 21.10)
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 applicable requirements of the R-1 Zone as shown in Table “B” below.
TABLE B – R-1 ZONE DEVELOPMENT STANDARDS
STANDARD REQUIRED/ALLOWED PROPOSED
Front Yard Setback 20’ 21’-ϯд”
Side Yard Setback 10% of lot width, or 6.9’ 6.9’
Rear Yard Setback Twice side yard setback, or 13.8’ 13.8’
Maximum Building
Height
Maximum 30 feet if a minimum
roof pitch of 3:12 is provided, or
maximum 24 feet if less than a 3:12
roof pitch is provided.
The project includes both flat roof and
pitched roof areas.
Flat roof – 24’ maximum
3:12 pitch – 30’ maximum
Allowed Protrusions
Above Height Limits
Pursuant to CMC Section
21.46.020, roof structures
specifically for housing elevators
and stairways may be erected
above the height limits provided
the roof structure is not creating
additional floor space.
The project includes a centralized
elevator tower and stairwell extending
through each level of the house. This
tower features includes a flat roof and
reaches a maximum height of 31’-4”.
The roof structure does not create any
additional living space and is no taller or
greater in area than the minimum
necessary to access the roof deck area.
Lot Coverage 40% 39.9%
Parking Two-car garage with a minimum
interior dimension of 20 feet by 20
feet.
The project satisfies this requirement by
providing a subterranean parking
garage of 2,768 square feet with more
than adequate area dimensioned (20
feet by 30 feet) to accommodate the
parking of at least three (3) cars. In
addition to the minimum interior
dimensions, adequate back-up and
maneuvering space is also provided.
CDP 2020-0001 (DEV2019-0162) – PATEL RESIDENCE
August 19, 2020
Page 4
C. Coastal Development Regulations for the Mello II Segment of the Local Coastal Program (CMC
Chapter 21.201) and 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 within the
California Coastal Commission’s appeal jurisdiction. The site is also located within and subject to the
Coastal Resources 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 Local Coastal Program (LCP) Land Use designation for the property is Residential, R-4. The R-4 LCP
Land Use designation allows for residential development at a density range of 0 to 4 dwelling units per
acre (du/ac) with a Growth Management Control Point (GMCP) of 3.2 du/ac. As discussed in Section “A”
above, the proposal to build one (1) single-family home is consistent with the General Plan. Therefore,
the project is consistent with the Mello II Segment of the LCP.
The project proposes the construction of a 5,714-square-foot, two-story single-family residence with a
2,768-square-foot subterranean parking garage on an existing vacant lot. The new home is proposed in
an area designated for single-family residential development. The proposed two-story residence is
compatible with the surrounding development of one- and-two-story single-family residential structures.
Additionally, the two-story residence will not obstruct views of the coastline as seen from public lands or
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 known sensitive resources located on the 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.
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. No undevelopable steep
slopes or native vegetation is located on the subject property and the site is not located in an area prone
to landslides, or susceptible to accelerated erosion, floods, or liquefaction. The project is also conditioned
to pay habitat in-lieu mitigation fees for impacts to Habitat Management Plan Group-F habitat (i.e.,
Disturbed Lands) and a nesting bird survey is conditioned as a requirement of the project prior to any
development occurring within the bird nesting season.
D. Inclusionary Housing Ordinance (CMC Chapter 21.85)
For any residential development of less than seven (7) units, the inclusionary housing requirements may
be satisfied through the payment of an inclusionary housing in-lieu fee. The proposal to construct a new
single-family residential dwelling unit has been conditioned to pay the applicable housing in-lieu fee prior
to the issuance of a building permit.
CDP 2020-0001 (DEV2019-0162) – PATEL RESIDENCE
August 19, 2020
Page 5
E. Growth Management (CMC Chapter 21.90)
The proposed project is located within Local Facilities Management Zone 3 in the northwest quadrant of
the city. The impacts on public facilities created by the project, and its compliance with the adopted
performance standards, are summarized in Table “C” below.
TABLE C – GROWTH MANAGEMENT COMPLIANCE
STANDARD IMPACTS COMPLIANCE
City Administration 3.54 sq. ft. Yes
Library 1.89 sq. ft. Yes
Wastewater Treatment 1 EDU Yes
Parks .007 acre Yes
Drainage 1.11 CFS/Basin B Yes
Circulation 10 ADT Yes
Fire Fire Station No. 4 Yes
Open Space N/A N/A
Schools Carlsbad (E=.35/M=.1036/HS = .0959) Yes
Sewer Collection System 1 EDU Yes
Water 550 GPD Yes
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 single-family
residences in urbanized areas from environmental review.
A Notice of Exemption will be filed by the City Planner upon project approval.
ATTACHMENTS:
1. Planning Commission Resolution No. 7379
2. Location Map
3. Disclosure Form
4. Reduced Exhibits
5. Exhibit(s) “A” – “K” dated August 19, 2020
PACIFIC OCEAN CARLSBAD
B
L
LOS
ROBLES
DR
EL
ARBOL
DR
MANZ
A
N
O
D
R
CDP 2020-0001 / CDP 2020-0013
Patel Residence
SITE MAP
J
SITE
E
L
C
A
MINO
RE
ALLA COSTA AVCARLSBAD B
L MELROSE
DR
POINSET
T
I
A
L
N
RWCarlsbad, California 92008C-1Mr. Raj Patelxxxx Carlsbad BoulevardSITE PLANSITE PLANSCOPE OF WORKAREA CALCULATIONSLEGAL DESCRIPTIONPROPERTY OWNERPROJECT DATACIVIL ENGINEERDESIGNERVICINITY MAPSITEPROJECT NAMECDP 2020-0001SHEET INDEXCarlsbad BoulevardProposed SFDw/ ADUCDP 2020-0013
K:\Civil 3D\1458\DWG\CDP\1458 CDP-01.dwg, 6/9/2020 2:00:00 PM
Carlsbad, California 92008A-1Mr. Raj Patelxxxx Carlsbad BoulevardFLOORPLANBASEMENTBASEMENT FLOOR PLAN2,768 SQ FT GARAGE AREACLG HT @ 9'-6" AFF3-CAR GARAGECDP 2020-0001CDP 2020-0013
2,765 SQ FT LIVING AREA(2,127 sf main house, 638 sf ADU)Carlsbad, California 92008A-2Mr. Raj Patelxxxx Carlsbad BoulevardFLOORPLANFIRST FLOOR PLANFIRSTCLG HT @ 8'-0" AFFBEDROOM 3CLG HT @ 8'-0" AFFBEDROOM 1CLG HT @ 8'-0" AFFBEDROOM 4CLG HT @ 8'-0" AFFBEDROOM 2CLG HT @ 8'-0" AFFADU BEDROOMCLG HT @ 8'-0" AFFADU LIVING ROOMCLG HT @ 8'-0" AFFADU KITCHENCLOCLOW.I. CLOW.I. CLOCLG HT @ 8'-0" AFFGAME ROOMPOOL BY OTHERSCDP 2020-0001CDP 2020-0013
2,765 SQ FT LIVING AREASECOND FLOOR PLANCLG HT @ 10'-0" AFFBEDROOM 5Carlsbad, California 92008A-3Mr. Raj Patelxxxx Carlsbad BoulevardFLOORPLANSECONDCLG HT @ 10'-0" AFFBEDROOM 6M BEDROOM 7CLG HT @ 9'-6" AFFCLG HT @ 10'-0" AFFCLG HT @ 10'-0" AFFM CLOSETGREAT ROOMW.I. CLOCLODECK129 SQ FT DECK(2894 SF FOOTPRINT, 39.94% COVERAGE)CDP 2020-0001CDP 2020-0013
Carlsbad, California 92008A-4Mr. Raj Patelxxxx Carlsbad BoulevardROOFPLANROOF DECKROOF PLAN184 SQ FT STAIR/ELEVATOR ENCLOSURE1,173 SQ FT ROOF DECK AREACDP 2020-0001CDP 2020-0013
Carlsbad, California 92008A-5Mr. Raj Patelxxxx Carlsbad BoulevardEXTERIORELEVATIONSWEST EXTERIOR ELEVATIONNORTH EXTERIOR ELEVATIONCDP 2020-0001CDP 2020-0013
Carlsbad, California 92008A-6Mr. Raj Patelxxxx Carlsbad BoulevardEXTERIORELEVATIONSEAST EXTERIOR ELEVATIONSOUTH EXTERIOR ELEVATIONCDP 2020-0001CDP 2020-0013
Carlsbad, California 92008A-7Mr. Raj Patelxxxx Carlsbad BoulevardBUILDINGSECTIONBUILDING SECTION ACDP 2020-0001CDP 2020-0013ATTICBEDROOM 5 BATH M CLOSET M BATH M BEDROOMBATH BEDROOM 2 ADU BEDROOM ADU KITCHEN/LIVINGBATHGARAGE
YIMBY Law
1260 Mission St
San Francisco, CA 94103
hello@yimbylaw.org
8/19/2020
Carlsbad Planning Commission
1200 Carlsbad Village Drive
Carlsbad, CA 92008
planning@carlsbadca.gov; clerk@carlsbadca.gov;
Via Email
Re: Patel Residence
Coastal Development Permit CDP 2020-0001
Dear Carlsbad Planning Commission,
YIMBY Law submits this letter to inform you that the Planning Commission has an obligation
to abide by all relevant state housing laws when evaluating the above captioned proposal,
including the Housing Accountability Act (HAA).
California Government Code § 65589.5, the Housing Accountability Act, prohibits localities
from denying housing development projects that are compliant with the locality’s zoning
ordinance or general plan at the time the application was deemed complete, unless the locality
can make findings that the proposed housing development would be a threat to public health
and safety. The most relevant section is copied below:
(j) When a proposed housing development project complies with applicable, objective general plan
and zoning standards and criteria, including design review standards, in effect at the time that the
housing development project's application is determined to be complete, but the local agency
proposes to disapprove the project or to approve it upon the condition that the project be developed
at a lower density, the local agency shall base its decision regarding the proposed housing
development project upon written findings supported by substantial evidence on the record that
both of the following conditions exist:
(1) The housing development project would have a specific, adverse impact upon the public
health or safety unless the project is disapproved or approved upon the condition that the
project be developed at a lower density. As used in this paragraph, a "specific, adverse
impact" means a significant, quantifiable, direct, and unavoidable impact, based on
objective, identified written public health or safety standards, policies, or conditions as they
existed on the date the application was deemed complete.
(2) There is no feasible method to satisfactorily mitigate or avoid the adverse impact
identified pursuant to paragraph (1), other than the disapproval of the housing development
project or the approval of the project upon the condition that it be developed at a lower
density.
. . .
(4) For purposes of this section, a proposed housing development project is not inconsistent
with the applicable zoning standards and criteria, and shall not require a rezoning, if the
housing development project is consistent with the objective general plan standards and
criteria but the zoning for the project site is inconsistent with the general plan. If the local
agency has complied with paragraph (2), the local agency may require the proposed housing
development project to comply with the objective standards and criteria of the zoning which
is consistent with the general plan, however, the standards and criteria shall be applied to
facilitate and accommodate development at the density allowed on the site by the general
plan and proposed by the proposed housing development project.
The applicant proposes to construct a 5,714 square-foot, two-story single-family residence on
a vacant lot located along the east side of Carlsbad Boulevard and north of Manzano Drive
within the Mello II Segment of the city's Local Coastal Program and Local Management Zone 3.
The above captioned proposal is zoning compliant and general plan compliant, therefore, your
local agency must approve the application, or else make findings to the effect that the
proposed project would have an adverse impact on public health and safety, as described
above.
Yimby Law is a 501(c)3 non-profit corporation, whose mission is to increase the accessibility
and affordability of housing in California.
I am signing this letter both in my capacity as the Executive Director of YIMBY Law, and as a
resident of California who is affected by the shortage of housing in our state.
Sincerely,
Sonja Trauss
Executive Director
YIMBY Law
YIMBY Law, 1260 Mission St, San Francisco, CA 94103