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Home My WebLink About2009-05-06; Planning Commission; ; CDP 08-23 MACKENZIE RESIDENCEThe City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: May 6, 2009 Application complete date: January 14, 2009 Project Planner: Shannon Werneke Project Engineer: Jeremy Riddle SUBJECT: CDP 08-23 - MACKENZIE RESIDENCE - Request for approval of a Coastal Development Permit to allow for the demolition of an existing 1,336 square foot single-family residence and the construction of a new 6,668 square foot single- family residence, swimming pool and spa on a property located at 5276 Carlsbad Boulevard, between Cannon Road and Cerezo Drive, within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 3. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6557 APPROVING Coastal Development Permit CDP 08-23 based upon the findings and subject to the conditions contained therein. II. INTRODUCTION Pursuant to Section 21.201.030 of the Carlsbad Municipal Code, the demolition of existing structures and the construction of a new single family residence within the City's Coastal Zone require the processing and approval of a Coastal Development Permit (CDP). The CDP application was reviewed for consistency with the Local Coastal Program (LCP) Policies and Implementation Plan standards. There are no unresolved issues. The staff recommendation for approval with conditions is supported by the following analysis. III. PROJECT DESCRIPTION AND BACKGROUND The proposed project consists of a Coastal Development Permit (CDP) to allow for the demolition of an existing 1,336 square foot single-family residence and the construction of a new 6,668 square-foot single-family residence, swimming pool, and spa on a 6,540 square foot lot (0.15 acres) located on the east side of Carlsbad Boulevard. Project Site/Setting: The rectangular-shaped 0.15-acre lot is located at 5276 Carlsbad Boulevard, to the south of Cannon Road and north of Cerezo Drive, as shown on the attached location map. The site is currently developed with a 1,336 square foot single-story, single-family residence. The property is bordered on the north and east by single-story, single-family residences and on the south by a two-story, single-family residence. Topographically, the property slopes gently downward from east to west, and includes a relatively level building pad at an approximate elevation of 59 feet above mean sea level (MSL). Elevations across the property range from approximately 60 feet above MSL along the eastern perimeter of the property to approximately 56 feet along the western perimeter of the property. No native habitat of substantial or CDP 08-23 - MACKENZIE RESIDENCE May 6, 2009 Page 2 significant value exists onsite. In addition, the property is located outside of the appeals jurisdiction of the California Coastal Commission. Proposed Construction: The proposed project consists of the demolition of a 1,336 square-foot, single-story, single family home and the construction of a two-story single-family residence with a subterranean garage/basement totaling 6,668 square feet. The basement level accounts for 2,116 square feet and is visible from the street as this is where access is provided to the garage. The proposed home has a contemporary design with curvilinear features along the front and rear elevations. The exterior finish of the structure will consist primarily of smooth stucco that is intermixed with glass block. The 3:12 pitched roof is proposed to be covered with a decorative bat and seam metal roof, a material which complements the contemporary features of the home. Decorative elements of the structure include sand-blasted exposed concrete columns, a metal or stained-wood garage door, wood clad windows and tempered glass balconies. The rear yard area is proposed to be developed with a swimming pool and spa, along with various hardscape and landscape features. Proposed Grading: Based upon review of the proposed grading, which includes a total of 670 cubic yards of cut (i.e. export), a grading permit for this project will be required. The project has been accordingly-conditioned to apply for and obtain a grading permit from the City Engineer prior to issuance of a building permit. Impact on Coastal Resources: The proposal comprises the development of a single-family house on a previously-developed site; no agricultural activities, sensitive resources, geological instability, flood hazard or coastal access opportunities exists onsite; and the development does not obstruct views of the coastline as seen from public lands or public rights-of-way or otherwise damage the visual beauty of the coastal zone. IV. ANALYSIS The proposed project is subject to the following ordinances, standards, and policies: A. Residential Low-Medium Density (RLM) General Plan Land Use designation; B. One-Family Residential (R-1-7,500) Zone (CMC Chapter 21.10); C. 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); and D. Growth Management (CMC Chapter 21.90). The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable regulations and policies. The project's compliance with each of the above regulations is discussed in the sections below. A. General Plan The project site has a General Plan Land Use designation of RLM (Residential Low-Medium Density). The RLM 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 RLM GMCP, 0.48 dwelling units would be permitted on this CDP 08-23 - MACKENZIE RESIDENCE May 6, 2009 Page3 0.15-acre (net developable) property. However, one single-family dwelling unit is guaranteed pursuant to the following General Plan provision: "Notwithstanding the density provisions and intent of each residential land use designation, a one-family dwelling shall be permitted on any legal lot that existed as of October 28, 2004." The subject lot was legally created prior to October 28, 2004; therefore, the development of a single-family dwelling is consistent with the RLM General Plan Land Use designation. The project complies with the Elements of the General Plan as outlined in Table A below: TABLE A - GENERAL PLAN COMPLIANCE ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROJECT COMPLIANCE Land Use The General Plan Land Use designation for the site is Residential Low-Medium Density (RLM; 0-4 du/ac; GMCPof3.2du/ac). As discussed above, the development of one single family dwelling is allowed pursuant to the General Plan for lots which were legally created prior to October 28, 2004. Yes Housing Objective 3.5 (Lower Income) Provide a range of new housing opportunities for lower-income households, in all areas of the City. As the project involves the construction of one single- family dwelling, which will replace a demolished single-family dwelling, the project is exempt from paying an affordable housing impact fee pursuant to CMC Chapter 21.85.030. Yes Open Space & Conservation Goal A. 1 - An open space system of aesthetic value that maintains community identity, achieves a sense of natural spaciousness, and provides visual relief in the cityscape while minimizing the environmental impacts to sensitive resources within the City. Utilize Best Management Practices for control of storm water and to protect water quality. The project does not impact any sensitive resources as the site is currently developed with a single-family residence. Yes The project will conform to all NPDES requirements and will be required to provide a Storm Water Pollution Prevention Plan (SWPPP). Yes CDP 08-23 - MACKENZIE RESIDENCE May 6, 2009 Page 4 TABLE A - GENERAL PLAN COMPLIANCE CONTINUED ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROJECT COMPLIANCE Public Safety Reduce fire hazards to an acceptable level. The proposed home is located in a developed area (i.e. no fire buffer required) and has been designed to meet the applicable fire code regulations. Yes Noise Residential exterior noise standard of 60 CNEL and interior noise standard of 45 CNEL. The project site is impacted by noise from Carlsbad Boulevard traffic. Accordingly, the project has been conditioned to require an acoustical analysis prior to the issuance of a building permit to ensure compliance with the standards outlined in the Noise Guidelines Manual. Yes Circulation Implementation Policy C.I (Streets and Traffic Control) - To require new development to comply with the adopted Growth Management performance standards for circulation facilities. The developer is required to enter into a Neighborhood Improvement Agreement with the City for the future public improvement of Carlsbad Boulevard along the project's frontage for a half right-of-way street width of 51 feet. Yes B. One-Family Residential (R-l-7,500) Zone (CMC Chapter 21.10) The project meets all of the requirements of the R-l zoning regulations pursuant to CMC Chapter 21.10. All required setbacks, building height, and lot coverage established for the zone have been reviewed for compliance with the required standards as outlined in Table B below: CDP 08-23 - MACKENZIE RESIDENCE May 6, 2009 PageS TABLE B - R-l ZONE DEVELOPMENT STANDARDS STANDARD Front Yard Setback Side Yard Setback Rear Yard Setback Lot Coverage Maximum Building Height Parking REQUIRED 20 feet Not less than 10% of lot width, provided that such side yard shall be not less than 5 feet and need not exceed 10 feet. The subject lot measures approximately 60 feet in width. Therefore, a 6-foot- wide side yard setback is required. Twice the required side yard setback = 12 feet 40% 30' with a minimum 3:12 roof pitch 2-car garage PROPOSED 20 feet 7 feet and 6.66 feet are provided along north and south sides of the proposed residence, respectively. 25.33 feet 39.8% 30' with a minimum 3: 12 roof pitch 2-car garage COMPLY Yes Yes Yes Yes Yes Yes C. 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). The site is also located within and subject to the Coastal Resource Protection Overlay Zone (CMC Chapter 21.203). The project's compliance with each of these programs and ordinances is discussed below: 1. Mello II Segment of the Local Coastal Program The project site has an LCP Land Use designation of RLM (Residential Low-Medium Density). The project's consistency with the RLM Land Use designation is analyzed in Section A above. The project includes the construction of a two-story, 6,668 square-foot, single-family residence in an area designated for single-family residential development. The proposed residence would be consistent with the surrounding development of one and two-story single-family structures. 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. No agricultural uses currently exist on the site, nor are there any sensitive resources located on the property. In addition, the proposed single-family residence is not located in an area of known geologic instability or flood hazards. 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. 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 CDP 08-23 - MACKENZIE RESIDENCE May 6, 2009 Page 6 Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants and soil erosion. No development is proposed in areas of steep slopes (coastal bluff) and no native vegetation is located on the subject property. In addition, the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. D. Growth Management The project is subject to the provisions of the Growth Management Ordinance, as contained in Chapter 21.90 of the Zoning Ordinance. The project's conformance with the requirements of the Growth Management regulations is detailed in Table C below: TABLE C - GROWTH MANAGEMENT COMPLIANCE STANDARD City Administration Library Waste Water Treatment Park Drainage Circulation Open Space Fire School Districts (Carlsbad Unified) Sewer (Carlsbad) Water (Carlsbad) IMPACTS/STANDARDS 3.4767 sq. ft. 1.854 sq.ft. 1EDU .006953 acre 1 CFS / Drainage Basin "B" 10ADT N/A Station No. 4 Elementary = 0.2339 Middle School = 0.1 171 High School = 0.1 442 1EDU 550 GPD COMPLY Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes The proposed project is located within Local Facilities Management Zone 3 in the northwest quadrant of the City. The demolition of an existing single-family residence and the construction of a new single-family residence will have no adverse impacts on public facilities. At the RLM Growth Management Control Point (GMCP) of 3.2 dwelling units per acre, 0.48 dwelling units are allowed on the subject site. The project proposes one dwelling unit; therefore, it is 0.52 dwelling units above the GMCP. As the proposed dwelling unit is replacing an existing dwelling unit, there is no need to withdraw a fractional unit from the City's Excess Dwelling Unit Bank. V.ENVIRONMENTAL REVIEW The Planning Director 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. Therefore, the project is categorically exempt from the requirement for the preparation of an environmental document pursuant to the following Sections of the California Environmental Quality Act (CEQA) Guidelines: CDP 08-23 - MACKENZIE RESIDENCE May 6, 2009 Page? (1) Section 15301(1)(1) of CEQA Guidelines (Class 1) exempts the demolition of one single-family residence; and (2) Section 15303(a) of CEQA exemptions (Class 3) exempts the construction of single family residences in urbanized areas from environmental review. In light of the above, a Notice of Exemption will be filed by the Planning Director upon project approval. ATTACHMENTS: 1. Planning Commission Resolution No. 6557 2. Location Map 3. Disclosure Statement 4. Background Data Sheet 5. Local Facilities Impact Assessment Form 6. Reduced Exhibits 7. Exhibits "A" - "J" dated May 6, 2009 NOT TO SCALE SITE MAP Mackenzie Residence CDP 08-23 City of Carlsbad Planning Department DISCLOSURE STATEMENT 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:.,,..,,,,,,;. ,->:.,;,,:,,',.,,.,!,.,_,..,,..,^,,,.M.:,,,,,,,,.., .,..,..^._.,-,-1^;:,,i==. ,,,.,.'.. - Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, jn 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 arid properly owner must be provided below. , 1 , . : 1 . 2. 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, title, 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. (Aseparate p^age may be attached if necessary.) Corp/Part.Person. Title Title Address Address 7Q OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership1 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, title, 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 publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person. Title Corp/Part. Title Address Address 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us 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 and/or Council within the past twelve (12) months? . \ /T Yes |Xj.No If yes, please indicate person(s):. NOTE: Attach additional sheets if necessary. certify tfjaf all the above information is true and correct to the best of my knowledge. rignature of cpner/dSte—• ' * il~t-& Signature of applicant/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIMCOUNTER\DISCLOSURE STATEMENT 12/06 Page 2 of 2 BACKGROUND DATA SHEET CASE NO: CDP 08-23 CASE NAME: MACKENZIE RESIDENCE APPLICANT: SCOTT AND TONI MACKENZIE REQUEST AND LOCATION: Request for approval of a Coastal Development Permit to allow for the demolition of an existing 1,336 square foot single-family residence and the construction of a new 6,668 square-foot single-family residence, swimming pool, and spa on a property located at 5276 Carlsbad Boulevard, between Cannon Road and Cerezo Drive, within the Mello II Segment of the Local Coastal Program (LCP) and in Local Facilities Management Zone 3. LEGAL DESCRIPTION: Lot 43 of Terramar Unit No. 1. in the City of Carlsbad. County of San Diego, State of California, according to Map thereof No. 2696, filed in the Office of the County Recorder of San Diego County, September 6, 1950. APN: 210-063-08-00 Acres 0.15 Proposed No. of Lots/Units: 1 lot/1 unit GENERAL PLAN AND ZONING Existing Land Use Designation: RLM - Residential Low-Medium Density Proposed Land Use Designation: N/A Density Allowed: 0-4 du/acre Density Proposed: 6.66 du/acre (1 residence)* Existing Zone: R-l-7,500 Proposed Zone: N/A * (Allowedper the General Plan Land Use Element Page 14) Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site R-1-7,500 RLM Single-Family North R-1-7,500 RLM Single-Family South R-l-7,500 RLM Single-Family East R-l-7,500 RLM Single-Family West R-2 RLM Single-Family LOCAL COASTAL PROGRAM Coastal Zone: P<] Yes [~~l No Local Coastal Program Segment: Mello II Within Appeal Jurisdiction: I I Yes 1X1 No Coastal Development Permit: [XI Yes |~| No Local Coastal Program Amendment: I I Yes [x] No Existing LCP Land Use Designation: RLM Proposed LCP Land Use Designation: N/A Existing LCP Zone: R-l-7.500 Proposed LCP Zone: N/A PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 1 EDU ENVIRONMENTAL IMPACT ASSESSMENT 0<] Categorical Exemption, CEQA Section 15301(1X1) - Demolition of a single-family residence; and 15303(a) — Construction of single-family residence in an urbanized area. I I Negative Declaration, issued Certified Environmental Impact Report, dated. Other, CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Mackenzie Residence - CDP 08-23 LOCAL FACILITY MANAGEMENT ZONE: 3 GENERAL PLAN: RLM ZONING: R-1-7.500 (Single-Family Residential) DEVELOPER'S NAME: Scott and Toni Mackenzie ADDRESS: 1479 Spanish Bay Court. Encinitas . CA 92024 PHONE NO.: 760-519-6960 ASSESSOR'S PARCEL NO.: 210-063-08-00 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 0.15 AC. ESTIMATED COMPLETION DATE: Unknown A. City Administrative Facilities: Demand in Square Footage = 3.4767 sq. ft. B. Library: Demand in Square Footage - 1.854 sq. ft. C. Wastewater Treatment Capacity (Calculate with J. Sewer) 1 EDU D. Park: Demand in Acreage = .006953 acre E. Drainage: Demand in CFS = 1 Identify Drainage Basin = Basin B (Identify master plan facilities on site plan) F. Circulation: Demand in ADT = K) (Identify Trip Distribution on site plan) G. Fire: Served by Fire Station No. = No. 4 H. Open Space: Acreage Provided = N/A I. Schools: Carlsbad Unified Elementary = 0.2339 Middle School = 0.1171 High School = 0.1442 J. Sewer: Demands in EDU 1 EDU K. Water: Demand in GPD = 550 GPP L. The project is .52 units above the Growth Management Dwelling unit allowance. * (Allowedper the General Plan Land Use Element Page 14) ££SZ CIS (9S9) H31 V3 'AVMOdONINNVId S1D31IH3MV S31VIOOSSV 1DNI 'S13311HDHV S3NOf HOUVl vo 'avasnavo30N3CIIS3H 3IZN3)DVWill!f |fa!!,s*o t 3 E t -IV =" Ifi°B! ' k*> j I I 1 ^S|3S: .„ « «t* 2 t « 5 itltiIS Mil |j| ! tpj;N4 h» h!!i? is, .jfc«K''i tiff:tttm ?. j! .,!!!„ s» »s 811 !Si £ I J I 8 S siiiHilln!I 5 S ! ! 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