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Home My WebLink About2017-12-20; Planning Commission; ; CDP 2017-0021/V 2017-0004 (DEV2017-0016) – OCEAN STREET RESIDENCE The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Single Family Coastal Development Permit Item No. Application complete date: September 25, 2017 P.C. AGENDA OF: December 20, 2017 Project Planner: Paul Dan Project Engineer: Tecla Levy SUBJECT: CDP 2017-0021/V 2017-0004 (DEV2017-0016) – OCEAN STREET RESIDENCE – Request for approval of a Coastal Development Permit and Minor Variance to allow for demolition of an existing single-family residence and the construction of a new 3,861 square foot single- family residence with 550 square feet of garage space, and a front yard setback reduction of five feet and a rear yard setback reduction of 1’-8”, within the Mello II Segment of the city’s Local Coastal Program located at 2680 Ocean Street within Local Facilities Management Zone 1. 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 and Section 15305(a), minor setback variances not resulting in the creation of any new parcels, of the state CEQA Guidelines. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7281 APPROVING Coastal Development Permit CDP 2017-0021 and Minor Variance V 2017-0004 based upon the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND Project Site/Setting: The 0.08 acre (3,500 square feet) project site is located at 2680 Ocean Street between Beech Avenue and Cypress Avenue as shown on the attached location map. The flat lot is developed with a one-story residence and attached one-car garage. The surrounding neighborhood is developed with a mixture of older one-story single-family residences and newer two-story single- and multi-family residences. No public beach access or coastal resources are identified onsite. The proposed project, demolition and construction of a residence, is a common occurrence in this neighborhood. 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-15 R-3 with Beach Area Overlay Single-family residence North R-15 R-3 with Beach Area Overlay Single-family residence South R-15 R-3 with Beach Area Overlay Single-family residence East R-15 R-3 with Beach Area Overlay Condominiums West R-23 R-3 with Beach Area Overlay Condominiums 1 CDP 2017-0021/V 2017-0004 (DEV2017-0016) – OCEAN STREET RESIDENCE December 20, 2017 Page 2 Proposed Residential Construction: The project consists of the demolition of an existing one-story single- family residence and construction of a new 3,861 square foot (SF) three-story single-family residence. The new residence consists of 935 SF of habitable space and a 550 SF two-car garage on the first story, 1,630 SF of habitable space on the second story, and 1,316 SF of habitable space on the third. The maximum height of the residence is 30 feet. The project proposes a front yard setback reduction of five feet, from a required 20 feet to 15 feet. Additionally, a rear yard setback reduction of 1’-8” is proposed, from a required 10 feet to 8’-4”. Architecturally, the residence reflects a mid-century modern style; its straight lines accented by the exterior’s stone, wood and stucco minimalizes its design yet builds on the modern theme. Large sliding windows on the west elevation of the residence, facing the ocean, allow a lot of sunlight in while maintaining focus on the coast. Butterfly-pitched roofs maximize usability of space and floor height on the interior. The stucco exterior will be painted white that will emphasize the stone and wood building materials. Proposed Grading: Estimated grading quantities include 50 cubic yards (cy) of cut, 50 cy of fill. A grading permit will be required for this project. 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. Minor Variance (CMC Chapter 21.50); E. 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); F. Inclusionary Housing Ordinance (CMC Chapter 21.85); and G. 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 (du/ac) with a Growth Management Control Point (GMCP) of 11.5 du/ac. 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 2017-0021/V 2017-0004 (DEV2017-0016) – OCEAN STREET RESIDENCE December 20, 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 – R3 ZONE DEVELOPMENT STANDARDS STANDARD REQUIRED/ALLOWED PROPOSED Front Yard Setback 20’ minimum 15’* Side Yard Setback 5’ minimum 5’ Rear Yard Setback 10’ minimum 8’-4”* Lot Coverage 60 percent maximum 46 percent Parking Two-car garage (20’ X 20’) Two-car garage (20’ X 20’) *Subject to approval of V 2017-0004 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 30’ with 3:12 pitch roof Visitor Parking .30 space per unit (1 space rounded up) 1 guest parking space D. Minor Variance (CMC Chapter 21.50) Pursuant to CMC Chapter 21.50, a setback reduction that does not exceed 75 percent requires a minor variance. Typically, minor variances are decided by the City Planner pursuant to CMC Section 21.50.040.A.1.a. However, because this project also requires a Coastal Development Permit, the Planning Commission has the authority to approve, conditionally approve or deny all concurrent processed development permits subject to CMC Section 21.54.040.C.2. The applicant has requested a minor variance for reduction of the front yard setback by five feet. The required front yard setback in the R-3 zone is 20 feet per CMC Section 21.16.040, with the variance resulting in a 15-foot front yard setback. The applicant is also requesting a reduction of 1’-8” in the rear yard setback. The required rear yard setback in the R-3 zone is twice the length of the required side yard setback (five feet) per CMC Section 21.16.060.A.1.b. The requested rear yard setback resulting in an 8’- 4” rear yard setback. Pursuant to CMC 21.50.050 minor variances may only be granted if five findings can be made. Each of the findings and the supporting analysis is described below. CDP 2017-0021/V 2017-0004 (DEV2017-0016) – OCEAN STREET RESIDENCE December 20, 2017 Page 4 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 property of privileges enjoyed by other property in the vicinity and under identical zoning classification. The special circumstances applicable to the subject lot are that it is considered substandard at 3,500 square feet, which is approximately 47 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. The strict application of the zoning ordinance requiring residential buildings to be 20 feet from the front and 10 feet from the rear property lines physically constrains or constricts any development onsite from satisfying current development standards. In addition, the configuration of the substandard lot is considered shallow when a typical lot in the R- 3 zone is approximately 125 feet in depth, furthering the deprivation for future development. 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 grant of special privilege. Overall, the proposed front yard setback reduction to 15 feet and rear yard setback reduction to 8’- 4” 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 15 feet and the rear yard setback from 10 feet to 8’-4” 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 2017-0021/V 2017-0004 (DEV2017-0016) – OCEAN STREET RESIDENCE December 20, 2017 Page 5 The project consists of a new single-family home with a two-car garage. 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 “E” and will have no impacts on sensitive environmental resources. Therefore, granting such a variance is consistent with the Local Coastal Program. E. 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 (LCP) and is 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 subject site has an LCP Land Use Plan designation of R-4 Residential, which allows for a density of 0 to 4 dwelling units per acre (du/ac) and 3.2 du/ac at the Growth Management Control Point (GMCP). At the R-4 GMCP, 0.4 dwelling units would be permitted on this 0.14 acre (net developable) property. However, one single-family residence 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, and is already developed with a residence. Therefore, the proposed new single-family residence is consistent with the R-4 LCP Land Use Plan designation. The project consists of demolition of an existing single-family residence and construction of a 3,861 square foot three-story single-family residence, and attached two-car garage. The construction of the new 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. No agricultural uses currently exist on the previously developed site, nor are there any sensitive resources located on the developable portion of the site. The single-family residence is not located in an area of known geologic instability or flood hazard. 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. CDP 2017-0021/V 2017-0004 (DEV2017-0016) – OCEAN STREET RESIDENCE December 20, 2017 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. The subject property does not include steep slopes (equal to or greater than 25 percent gradient) or native vegetation. F. 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. G. 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: Section 15303(a) exempts the construction of one single-family residence in a residential zone, and Section 15305(a) exempts minor setback variances not resulting in the creation of any new parcels. A Notice of Exemption will be filed by the City Planner upon project approval. ATTACHMENTS: 1. Planning Commission Resolution No. 7281 2. Location Map 3. Disclosure Statement 4. Reduced Exhibits 5. Exhibit(s) “A” – “K” dated December 20, 2017 CARLSBAD VILLAGE DRCARLSBAD VILLAGE DRGRAND AVGRAND AVS T A T E S T S T A T E S T OO CC EE AA NN SS TT CCYYPPRREESSSS AAVV CHRISTIANSEN WY CHRISTIANSEN WYBEECH AVBEECH AVPACIFIC AVPACIFIC AVR O O S E V E L T S T R O O S E V E L T S T W A S H I N G T O N S T W A S H I N G T O N S T GG AA RR FFIIEE LL DD SS TT C A R L S B A D B L C A R L S B A D B L CDP 2017-0021 / V2017-0004 Ocean Street Residence SITE MAP JPALOMARAIRPORTRD E L CAMREALLA COST A AV C ARLSBA DBLC A R LSB A DVILLAGEDR ELCAMINOREAL MELR O SED RAVIARAPY RA NCHO S A NTAFERDCOLL EGEBLPACIFICOCEAN SITE ATTACHMENT 2