HomeMy WebLinkAbout2013-07-17; Planning Commission; ; CDP 13-04 - LEWIS RESIDENCEThe City of CARLSBAD Planning Division
A REPORT TO THE PLANNING COMMISSION
Single Family Coastal Development Pennit
ItemNo. 0
P.C. AGENDA OF: July 17, 2013
Application complete date: March 26, 2013
Project Planner: Greg Fisher
Project Engineer: Steve Bobbett
SUBJECT: CDP 13-04 -LE\iVIS RESIDENCE -Request for approval of a Coastal
Development Pennit to allow for the demolition of an existing single-family home
and detached garage and the constrnction of a new 2,488 square foot single-family
residence with detached two-car garage on a .14 acre lot located at 168 Maple
A venue, within the Mello II Segment of the Local Coastal Program and within
Local Facilities Management Zone 1. The City Planner has detennined that the
proj ect 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 envir01m1ental
documents ptusuant to Sections 15301(1)(1) demolition of a single family
residence and 15303 (a) construction of a single family residence of the state
CEQA Guidelines.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 6990
APPROVING Coastal Development Pennit CDP 13-04 based upon the findings and subject to
the conditions contained therein.
II. INTRODUCTION
Pursuant to Section 2 1.201.030 of the Carlsbad Municipal Code, the construction of a single
family home within the City's Coastal Zone requires the processing and approval of a Coastal
Development Pem1it (CDP). The CDP application was reviewed for consistency with Local
Coastal Program (LCP) policies and implementation. The project is not located within the
Appeals Jmisdiction of the coastal zone; therefore, the Planning Commission's decision on the
CDP cannot be appealed to the California Coastal Commission. There are no unresolved issues.
The staff recommendation of approval with conditions is suppo11ed by the analysis as follows.
III. PROJECT DESCRIPTION AND BACKGROUND
The proposed project consists of a request for approval of a Coastal Development Pem1it to
allow for the demolition of a single-family home and detached garage and the constrnction of a
new 2,488 square foot single-family residence with a detached two-car garage on a .14 acre lot
located at 168 Maple A venue within the Beach Area Oveday Zone (BAOZ).
0
CDP 13-04 – LEWIS RESIDENCE
July 17, 2013
Page 2
Project Site/Setting: The .14 acre, rectangular shaped and topographically level disturbed parcel
is located at 168 Maple Avenue, on the north side of the street. The parcel is located east of
Carlsbad Boulevard and west of Garfield Street, within the Mello II Segment of the LCP and
Local Facilities Management Zone 1. The site has a Multiple-Family Residential (R-3) Zone and
a General Plan Land Use designation of Residential High (RH). Surrounding properties to the
north, south, east and west are designated RH and zoned R-3 and are developed with multi-
family apartments and single family residences. 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 California Coastal Commission.
Proposed Residential Construction: The project consists of the demolition of an existing single
family residence and detached garage and the construction of a new 2,488 square foot two story
(23.6 foot tall) single-family residence with detached 400 square foot second dwelling unit,
above a two car garage. The proposed two-story residence takes on a European Beach Cottage
feel with the use of six inch hardi-siding, aluminum clad wood windows, and a Dutch entry door.
Other features include windows of varied shapes and sizes, large covered Lanai, two second story
view decks and a decorative asphalt shingle roof. The second dwelling unit will be
administratively reviewed and acted upon by the City Planner through a separate minor coastal
development permit, pursuant to CMC Section 21.201.085 and subsequent to the Planning
Commission action on CDP 13-04.
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
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 7.14 dwelling units per acre
which is below the lower range of the General Plan Land Use designation. At the RH GMCP,
2.66 dwelling units would be permitted on this 0.14 acre (net developable) property. However,
CDP 13-04 – LEWIS RESIDENCE
July 17, 2013
Page 3
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 1.66 dwelling units below the RH Growth Management
Control Point yield of 2.66 dwelling units used for the purpose of calculating the City’s
compliance with Government Code Section 65863. 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 AND BAOZ DEVELOPMENT STANDARDS
STANDARD REQUIRED PROPOSED COMPLY
Front Yard Setback 15’ (key lot) 20’ Yes
Side Yard Setback 5’ minimum 5’ Yes
Rear Yard Setback 10’ minimum 10’ Yes
Lot Coverage 60% maximum 33% Yes
Max Building
Height (Beach Area
Overlay Zone)
30’ maximum with ≥ 3:12 roof
pitch or 24’ maximum with < 3:12
roof pitch
23.6’ with 4:12 roof
pitch
Yes
Parking
Visitor (BAOZ)
Two-car garage
One space (may be located within
driveway)
Two-car garage
One space located
within driveway
Yes
Yes
C. Mello II Segment of the Local Coastal Program (CMC Chapter 21.201) and the
Coastal Resource Protection Overlay Zone (CMC Chapter 21.03)
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:
CDP 13-04 – LEWIS RESIDENCE
July 17, 2013
Page 4
1. Mello II Segment of the Local Coastal Program
The project consists of the construction of a new 2,488 square foot single-family residence on a
lot designated as Residential High Density (RH), by the Mello II Land Use designation. The
proposed two-story home 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 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
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, provided that the number of residential units is not increased from
the number of residential units of 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.
E. Growth Management
The proposed project is located within Local Facilities Management Zone 1 in the northwest
quadrant of the city. However, there will be no impact to public facilities because the new
single-family residence will be replacing an existing single-family residence that will be
demolished.
V. ENVIRONMENTAL REVIEW
This project is exempt from CEQA per the exemptions listed below:
CDP 13-04 – LEWIS RESIDENCE
July 17, 2013
Page 5
(1) Section 15301(l)(1) of CEQA Guidelines (Class 1) exempts the demolition of
single-family residences.
(2) Section 15303(a) of CEQA exemptions (Class 3) exempts the construction of a
single family residence from environmental review.
A Notice of Exemption will be filed by the City Planner upon final project approval.
ATTACHMENTS:
1. Planning Commission Resolution No. 6990
2. Location Map
3. Disclosure Form
4. Background Data Sheet
5. Reduced Exhibits
6. Full Size Exhibits “A” – “I”
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CDP 13-04
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Revised 01/06
BACKGROUND DATA SHEET
CASE NO: CDP 13-04
CASE NAME: LEWIS RESIDENCE
APPLICANT: Barbara O’Brien Lewis Trust
REQUEST AND LOCATION: Request for approval of a Coastal Development Permit to allow for the demolition of an existing single-family home and detached garage and the
construction of a new 2,488 square foot single-family residence with detached two-car garage on
a .14 acre lot located at 168 Maple Avenue, within the Mello II Segment of the Local Coastal
Program and within Local Facilities Management Zone 1.
LEGAL DESCRIPTION: Lot 10, Block C, in the City of Carlsbad, in the County of San
Diego, State of California, according to map thereof No. 1747, filed in the Office of the County
Recorder of San Diego County
APN: 204-234-05-00 Acres: .14 Proposed No. of Lots/Units: 1
GENERAL PLAN AND ZONING
Existing Land Use Designation: RH
Proposed Land Use Designation: N/A
Density Allowed: 15-23 du/ac Density Proposed: 7.14 du/ac
Existing Zone: R-3 Proposed Zone: N/A
Surrounding Zoning, General Plan and Land Use:
Zoning General Plan Current Land Use
Site R-3 RH Single-Family Residential
North R-3 RH Multi-Family Residential
South R-3 RH Single-Family Residential
East R-3 RH Single-Family Residential
West R-3 RH Single-Family Residential
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
ENVIRONMENTAL IMPACT ASSESSMENT
Categorical Exemption, 15301(l)(1) demolition of a single-family residence and 15303(a)
New construction of a single-family residence.
Negative Declaration, issued
Certified Environmental Impact Report, dated
Other,
□
□
□
VICINITY MN'
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