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HomeMy WebLinkAbout2012-12-05; Planning Commission; ; CDP 12-18 MUSTAFA RESIDENCEThe City of CARLSBAD Planning Division A REPORT TO THE PLANNING COMMISSION Single Family Coastal Development Pennit P.C. AGENDA OF: December 5, 2012 ItemNo. 0 Application complete date: October 25, 2012 Project Planner: Chris Garcia Project Engineer: Clyde Wickham SUBJECT: CDP 12-18 -MUSTAFA RESIDENCE -Request for approval of a Coastal Development Pennit to allow for the constmction of a new 2,545 square foot single family residence with an attached two-car garage on a vacant 0.10-acre lot located on the west side of Garfield Street between Sycamore A venue and Chestnut A venue, within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 1. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6934 APPROVING Coastal Development Pemlit CDP 12-18 based upon the fmdings and subject to the conditions contained therein. II. INTRODUCTION Pursuant to Section 21.201.030 of the CaTlsbad Municipal Code, the constmction of a single- family residence within the city's coastal zone requires the processing and approval of a Coastal Development Pennit (CDP). The CDP application was reviewed for consistency with the Local Coastal Program (LCP) Policies and Implementation Plan standards. The project is not located within the Appeals Jurisdiction of the coastal zone; therefore, the Planning Commission's decision on the CDP cannot be appealed to the Califomia Coastal Commission. There are no unresolved issues. The staff recommendation for approval with conditions is supp01ted by the following analysis. III. PROJECT DESCRIPTION AND BACKGROUND The proposed project consists of a request for approval of a Coastal Development Pennit to allow for the construction of a new 2,545 square foot single-family residence with an attached two-car garage on a 0.1 0-acre lot located at 13 73 Magnolia A venue. Project Site/Setting: The 0.1 0-acre, rectangular-shaped parcel is generally located on the west side of Garfield Street, between Sycamore A venue and Chestnut A venue, within the Mello II Segment of the LCP and Local Facilities Management Zone 1. The project is not located within the Appeals Jurisdiction of the coastal zone; therefore, the Planning Commission's decision on the CDP cannot be appealed to the Califomia Coastal Commission. CDP 12-18 – MUSTAFA RESIDENCE DECEMBER 5, 2012 PAGE 2 The site consists of a vacant infill lot that is .10 acres (4,375 square feet) in area and does not include any native vegetation. The property is surrounded by single-family residences and currently contains ornamental vegetation that is proposed to be removed. Proposed Construction: The applicant is proposing to construct a new 2,545 square foot, two- story, single-family dwelling unit, with an attached 508 square-foot two-car garage and 506 square foot roof deck. The house will have heights of 24 feet to the roof deck, 28-30 feet to the main second floor roof peak, and approximately 34 feet to the top of the enclosure housing the stairs to the roof deck. The proposed home is influenced by a few homes in the area and although not a particular architectural style, the proposed home can be described as coastal craftsman and is designed to fit in with the existing neighborhood. Building materials include stucco finish for the exterior building walls, hardie shingles below the roof peaks, horizontal siding on the walls enclosing the roof deck stairway and tile shingles on the majority of the pitched roof. Proposed Grading: Minimal grading of approximately 5 cubic yards of fill will be done to construct the driveway and the City Engineer has determined that a minor grading permit will be required with the building plan check. Impact on Coastal Resources: The proposal comprises the development of a single-family house on a lot that was formerly graded; no agricultural activities, sensitive resources, geological instability, flood hazard or coastal access opportunities exist 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 High Density (RH) General Plan Land Use designation; B. Multiple-Family Residential Zone, (R-3, CMC Chapter 21.16) and Beach Area Overlay Zone (CMC Chapter 21.82); 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) 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 regulations and policies. The project’s compliance with each of the above regulations and policies is discussed in the sections below. A. General Plan The project site has a Residential High Density (RH) General Plan Land Use designation. The RH Land Use designation allows the development of two-family, multiple-family and one-family CDP 12-18 – MUSTAFA RESIDENCE DECEMBER 5, 2012 PAGE 3 dwellings at a density of 15-23 dwelling units per acre with a Growth Management Control Point (GMCP) of 19 dwelling units per acre. The project has a density of 10 dwelling units per acre which is below the lower range (15 du/ac) of the General Plan Land Use designation. At the RH GMCP, 1.9 dwelling units would be permitted on this 0.10 acre (net developable) property. However, one single-family dwelling unit is guaranteed pursuant to the following General Plan Land Use 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 development of a one-family dwelling is consistent with the RH General Plan Land Use designation. The one dwelling unit proposed is 0.9 dwelling units below the RH Growth Management yield of 1.9 dwelling units used for the purpose of calculating the City’s compliance with Government Code Section 65863 and 5 dwelling units per acre below the lower range of the General Plan Land Use designation. However, consistent with Program 3.8 of the City’s certified Housing Element, all of the dwelling units which were anticipated toward achieving the City’s share of the regional housing need that are not utilized by developers in approved projects, including fractional units, are deposited in the City’s Excess Dwelling Unit Bank. These excess dwelling units are available for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and there are adequate properties identified in the Housing Element allowing residential development with a unit capacity, including second dwelling units, adequate to satisfy the City’s share of the regional housing need. B. Multiple-Family Residential Zone (R-3, CMC Chapter 21.16) and Beach Area Overlay Zone (CMC Chapter 21.82) The project is required to comply with all applicable regulations and development standards of the Carlsbad Municipal Code (CMC) including the Multi-Family Residential (R-3) zone and the Beach Area Overlay Zone (BAOZ). The proposed project meets or exceeds all applicable requirements of the R-3 zone and BAOZ as demonstrated in Table A below. TABLE A – R-3 ZONE DEVELOPMENT STANDARDS STANDARD REQUIRED PROPOSED COMPLY Front Yard Setback 20’ minimum 20.00’ Yes Side Yard Setback 5’ minimum 5’ Yes Rear Yard Setback 10’minimum 16.5’ Yes Lot Coverage 60% 46% Yes Max Building Height (Beach Area Overlay Zone) 30’ with > 3:12 roof pitch or 24’ with < 3:12 roof pitch 24’ to flat roof deck, 30’ to main roof with 3:12 roof pitch, 34’ highest point * Yes Parking Two-car garage two-car garage Yes * Pursuant to Carlsbad Municipal Code Section 12.46.020, roof structures for the housing of stairways may be erected above the height limitation. The applicant has proposed an enclosed stairway access to the roof deck which exceeds the height limit by 4 feet. CDP 12-18 – MUSTAFA RESIDENCE DECEMBER 5, 2012 PAGE 4 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 consists of the construction of a new 2,545 square-foot, single-family residence on a lot designated as Residential High Density (RH), by the Mello II Land Use Plan. The proposed project is consistent with the RH Land Use designation as discussed in Section “A” above. The proposed two-story residence will be compatible with surrounding one and two-story single- family and multi-family residences and 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 Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban run-off, pollutants and soil erosion. No development is proposed in areas of steep slopes (≥ 25% gradient) 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. Inclusionary Housing Ordinance With this residential development of less than seven (7) units, the inclusionary housing requirement may be satisfied through the payment of an inclusionary housing impact fee. The project has been conditioned to pay this fee prior to the issuance of a building permit. E. Growth Management The proposed project is located within Local Facilities Management Zone 1 in the northwest quadrant of the City and is subject to the provisions of the Growth Management Ordinance, as contained in Chapter 21.90 of the Zoning Ordinance. There are no special conditions or requirements within the Zone 1 Local Facilities Management Plan that apply to this single-family CDP 12-18 – MUSTAFA RESIDENCE DECEMBER 5, 2012 PAGE 5 residential project. However, the project is conditioned to pay the appropriate public facility fees, water, and sewer connection fees, traffic impact fees, and school fees. All facility improvements necessary to accommodate the development will be in place prior to, or concurrent with development. Therefore, the project is consistent with the Zone 1 Local Facilities Management Plan. The construction of a new single-family residence will not have any adverse impacts on public facilities. The project’s conformance with the requirements of the Growth Management regulations is detailed in Table B below. TABLE B – GROWTH MANAGEMENT COMPLIANCE STANDARD IMPACTS/STANDARDS COMPLY City Administration 3.4767 sq. ft. Yes Library 1.854 sq. ft. Yes Waste Water Treatment 1 EDU Yes Park .006953 acre Yes Drainage 1 CFS / Drainage Basin “B” Yes Circulation 10 ADT Yes Open Space N/A Yes Fire Station No. 1 & 3 Yes School Districts (Carlsbad Unified) Elementary = 0.3400 Middle School = 0.1184 High School = 0.1032 Yes Sewer (Carlsbad) 1 EDU Yes Water (Carlsbad) 550 GPD Yes The proposed project is 0.9 units below the Growth Management unit yield for this RH designated property. Consistent with the General Plan and Policy No. 43, 0.9 DU will be deposited into the City’s excess dwelling unit bank. V. ENVIRONMENTAL REVIEW 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. Therefore, the project is categorically exempt from the requirement for the preparation of an environmental document pursuant to the following Section of the California Environmental Quality Act (CEQA) Guidelines: Section 15303(a) “New Construction or Conversion of Small Structures” of CEQA exemptions (Class 3) exempts the construction of a single-family residence in a residential zone from environmental review. A Notice of Exemption will be filed by the City Planner upon project approval. ATTACHMENTS: 1. Planning Commission Resolution No. 6934 2. Location Map CDP 12-18 – MUSTAFA RESIDENCE DECEMBER 5, 2012 PAGE 6 3. Disclosure Form 4. Background Data Sheet 5. Local Facilities Impact Assessment Form 6. Reduced Exhibits 7. Exhibits “A” – “D” dated December 5, 2012 CHES T N UT A V WALN U T A V PINE A VOCEAN ST SYCA M O R E A V ACACI A A V MAPL E A VCARLSBAD BLWA SH ING TON S T CDP 12-18 Mustafa Residence SITE MAPEL CAM REALC A R LSB AD VILL AGE DR CARLSBA D BLL A COSTA AV PALOM AR AIRP ORT R D MELR OSE DRAVIARA PY RAN CHO S AN TA FE RDCOLL EGE BLEL CAMI NO REALPACIF IC OCEAN SITE :-·------------~· -i~ ' ·.,.;: .. ~ CITY 0 F DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue {760) 602-4610 www.carlsbadca.gov CARLSBAD 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: 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 niust 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 separat~may be attached if necessary.) Person .J~::flk .\). E' ~fL.-C.. Corp/Part ________ _ Title A-G.trJJT" Title. ___________ _ Address Cl7~. 5 . .kiJOf/G(5{N j){( Address. ________ _ '5~-D (££0N/Ji'OO; c A 't~OZ-1 OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of Abb 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 --g;_.f)~ TRf-1o Corp/Part. ___________ _ Title Ol-v-J<itfl_. Title _____________ _ Address _________ _ Address ___________ _ Page 1 of 2 Revised 07/1 0 Revised 01/06 BACKGROUND DATA SHEET CASE NO: CDP 12-18 CASE NAME: MUSTAFA RESIDENCE APPLICANT: Bassam Mustafa REQUEST AND LOCATION: Approval of a Coastal Development Permit to allow for the construction of a new 2,545 square foot single family residence with an attached two-car garage on a vacant 0.10-acre lot located on the west side of Garfield Street between Sycamore Avenue and Chestnut Avenue. LEGAL DESCRIPTION: Lot 10, Block B, as shown on that certain map entitled Map of Palisades, which map was filed in the office of the recorder of the County of San Diego, State of California, according to Map thereof 1747, filed on February 5, 1923. APN: 204-122-14-00 Acres: .10 Proposed No. of Lots/Units: 1 unit GENERAL PLAN AND ZONING Existing Land Use Designation: RH – Residential High Density Proposed Land Use Designation: N/A Density Allowed: 15-23 du/ac Density Proposed: 10 du/ac Existing Zone: R-3 – Multiple Family Residential Proposed Zone: N/A Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site R-3 RH Vacant North R-3 RH Single-family residence South R-3 RH Single-family residence East R-3 RH Single-family residence West R-3 RH Single-family residence LOCAL COASTAL PROGRAM Coastal Zone: Yes No Local Coastal Program Segment: Mello II Within Appeal Jurisdiction: Yes No Coastal Development Permit: Yes No Local Coastal Program Amendment: Yes No Existing LCP Land Use Designation: RH Proposed LCP Land Use Designation: N/A Existing LCP Zone: R-3 Proposed LCP Zone: N/A Revised 01/06 PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 1 EDU ENVIRONMENTAL IMPACT ASSESSMENT Categorical Exemption, State CEQA Guidelines Section 15303(a) 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: Mustafa Residence – CDP 12-18 LOCAL FACILITY MANAGEMENT ZONE: 1 GENERAL PLAN: RH – Residential High ZONING: R-3 – Multiple Family Residential DEVELOPER’S NAME: Bassam Mustafa ADDRESS: West side of Garfield Street between Sycamore Avenue and Chestnut Avenue. PHONE NO.: 760-805-6351 ASSESSOR’S PARCEL NO.: 204-122-14-00 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 2,545 SQ. FT. home ESTIMATED COMPLETION DATE: December 2013 A. City Administrative Facilities: Demand in Square Footage = 3.4767 B. Library: Demand in Square Footage = 1.854 C. Wastewater Treatment Capacity (Calculate with J. Sewer) 1 EDU D. Park: Demand in Acreage = 0.006953 E. Drainage: Demand in CFS = 1 Identify Drainage Basin = B (Identify master plan facilities on site plan) F. Circulation: Demand in ADT = 10 (Identify Trip Distribution on site plan) G. Fire: Served by Fire Station No. = 1 & 3 H. Open Space: Acreage Provided = N/A I. Schools: Elementary School = 0.3400 Middle School = 0.1184 High School = 0.1032 (Demands to be determined by staff) J. Sewer: Demands in EDU 1 Identify Sub Basin = N/A (Identify trunk line(s) impacted on site plan) K. Water: Demand in GPD = 550 L. The project is 0.9 units below the Growth Management Dwelling unit allowance. 0.9 unit will be deposited into the excess dwelling unit bank.