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Home My WebLink About2014-01-15; Planning Commission; ; CDP 13-22|NCP 13-03 – PORTER RESIDENCE The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. Application complete date: October 13, 2013 P.C. AGENDA OF: January 15, 2014 Project Planner: Jason Goff Project Engineer: David Rick SUBJECT: CDP 13-22/NCP 13-03 – PORTER RESIDENCE – Request for approval of a Coastal Development Permit and Nonconforming Construction Permit to allow 1,673 square feet of additional living area and a 300 square foot balcony to an existing 2,431 square foot two-story single-family residence located at 5040 Tierra del Oro Street within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 3. The project site is not 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 Sections 15301(e)(2) – Existing Facilities of the state CEQA Guidelines. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7028 APPROVING Coastal Development Permit CDP 13-22 and Nonconforming Construction Permit NCP 13-03 based upon the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND Project Site/Setting: The project is located at 5040 Tierra del Oro Street, on the east side of the cul-de- sac, west of Carlsbad Boulevard (see attached location map). The lot is 0.17-acres (7,408 square feet) in size. The site is developed with an existing 2,431 square foot two-story single-family home with an attached side entry two-car garage. The site is surrounded by existing one- and two-story single-family homes to the north, south and west; and Carlsbad Boulevard and single-family homes to the east. While the project site is located within the Coastal Zone, it is not within the appealable area of the California Coastal Commission. Proposed Residential Construction: The project consists of renovating the existing single-family residence to include an addition of 1,673 square feet of new living area (416 square feet on the first floor and 1,257 square feet on the second floor) for a total of 4,104 square feet upon completion. The project also includes the removal of an existing balcony and stairway from the south/southeast elevations; the addition of a new 300 square foot balcony on the west elevation; and an architectural remodel to the entire exterior in the form of new horizontal lap-board and shingle siding with stone veneer, relocating the front entry and porch, new doors and windows throughout, and a new 4:12 pitched composition shingle roof. The proposed improvements are not exempt from the Coastal Development Permit (CDP) procedures because the existing property is located within 300 feet of the mean high tide line of the sea and the improvements result in an internal floor area that is greater than 10 percent of the existing structures floor area. Therefore, approval of a Coastal Development Permit (CDP 13-22) is required for the project. 1 CDP 13-22/NCP 13-03 – PORTER RESIDENCE January 15, 2014 Page 2 Additional Required Permits: In addition to the Coastal Development Permit, the project also requires a Nonconforming Construction Permit (NCP 13-03). The Nonconforming Construction Permit is required because the existing single-family residence is considered a nonconforming residential structure by reason of inadequate yards (front and sides). More specifically, the existing side loaded garage is setback 4.57 feet from the Tierra del Oro Street right-of-way where a 20 foot front yard setback is required. In addition, the northern side yard setback is 4 feet and the southern side yard setback is 4.75 feet where a side yard setback of 6.83 feet is required. The existing garage and living areas located within the setback will remain in place as part of the renovation. However, despite the above, all newly expanded living areas and balconies are all designed to comply with current development standards and setbacks consistent with the zoning regulations. Proposed Grading: No grading is proposed which would require a grading permit. Impacts on Coastal Resources: None. III. ANALYSIS As shown on the Coastal Development Compliance Table below, all new proposed development is in compliance with all applicable regulations, except as denoted below and covered by the Nonconforming Construction Permit NCP 13-03. Building permits may be issued subject to the conditions contained in Planning Commission Resolution No. 7028. COASTAL DEVELOPMENT COMPLIANCE TABLE LCP Land Use Plan/Zoning RLM/R-1 General Plan/Zoning RLM/R-1 Grading Permit Required No Hillside Development Permit Required No Native Vegetation Impacts None STANDARD REQUIRED PROPOSED Front Yard Setback 20 feet Existing Garage: ≥4.57 feet* New Additions: ≥20 feet Side Yard Setbacks 6.83 feet North Side (Existing): ≥4 feet* North Side (New Additions): ≥6.83 feet South Side (Existing): ≥4.75 feet* South Side (New Additions): ≥6.83 feet Rear Yard Setback 13.66 feet Existing: 51 feet New Additions: 44.25 feet Max Building Height 30 feet w/ min. 3:12 roof pitch; or 24 feet if less than a 3:12 roof pitch is provided 29 feet w/4:12 pitch roof. Lot Coverage 40% 37.5% *Existing Nonconforming Structure by reason of inadequate yards. A nonconforming residential structure may be expanded to occupy a greater area of land or more floor area subject to provisions of C.M.C. Chapter 21.48 and the approval of a Nonconforming Construction Permit (NCP). CDP 13-22/NCP 13-03 – PORTER RESIDENCE January 15, 2014 Page 3 Review of Required Coastal Findings 1. Conformance with the Certified Local Coastal Program and all applicable policies. The project is located in the Mello II Local Coastal Program Segment. The project proposes both interior and exterior renovations resulting in 1,673 square feet of additional floor area to an existing 2,431 square foot two-story single-family residence in an area designated for single family development. As discussed below, the project complies with the applicable LCP provisions. The LCP Land Use Plan designates the subject site for Residential Low Medium (RLM) density development, which allows 3.2 du/ac. Based on a density of 3.2 du/ac, the lot could accommodate one dwelling units. One dwelling unit is presently developed on-site and the proposed renovations do not increase the property’s overall density. No agricultural uses exist on the site, nor is the subject property within or subject to the Coastal Agricultural Overlay Zone. There are no sensitive coastal resources on this previously developed property. The existing residence is not located on an area of known geological instability or flood hazard. No public opportunities for coastal shoreline access are available from the subject site and no public access requirements are conditioned for the project since it is not located between the first public road and ocean. The residentially designated site is not suited for water-oriented recreation activities. The proposed renovation and area of expansion is consistent with the adjacent and surrounding one- and two-story single-family residences. The existing two-story residence and areas of proposed expansion do not obstruct views from the coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone. 2. Coastal Overlay Zones. The subject site is located in the Coastal Resource Protection Overlay Zone, however, due to its location on the inland side of Tierra del Oro Street and the absence of slopes steeper than 25% inclination and/or native vegetation, additional submittals, standards or requirements do not apply. While the project does not require a grading permit, construction of 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. Nonconforming Construction Permit As stated above, the existing single-family home is considered a nonconforming residential structure by reason of inadequate yards (front and sides). A nonconforming residential structure may be expanded to occupy a greater area of land or more floor area subject to provisions of C.M.C. Chapter 21.48 and the approval of a Nonconforming Construction Permit (NCP). Pursuant to C.M.C. Section 21.48.080(D), a Nonconforming Construction Permit shall be granted if all four findings of fact are found to exist. All four findings for approving the Nonconforming Construction Permit can be made as discussed below: CDP 13-22/NCP 13-03 – PORTER RESIDENCE January 15, 2014 Page 4 1. The expansion/replacement of the structure and/or use would not result in an adverse impact to the health, safety and welfare of surrounding uses, persons or property in that the existing property is currently developed with a single-family home consistent with that as permitted in the R-1 zone and is surrounded by single-family residences of similar size to the north, south, east and west. In addition, the proposed areas of expansion comply with all current Planning, Building and Engineering standards. 2. The area of expansion shall comply with all current requirements and development standards of the zone in which it is located, except as provided in Subsection 21.48.050(A)(3) of this chapter in that the proposed areas of expansion comply with current front, side, and rear yard setback requirements, including all other development standards, such as building height and lot coverage. 3. The expansion/replacement structure shall comply with all current fire protection and building codes and regulations contained in Titles 17 and 18 in that a building permit issued by the City of Carlsbad is required for the project and the building plans will be reviewed for consistency with all applicable fire protection and building code requirements. Furthermore, the project will undergo standard building inspection procedures during the construction of all improvements to the site. 4. The expansion/replacement would result in a structure that would be considered an improvement to, or complementary to and/or consistent with the character of the neighborhood in which it is located in that the proposed renovation will significantly update and enhance the existing architecture, creating a more visually appealing dwelling unit. Moreover, the proposed renovated single-family residence is comparable in size and height to other existing single-family residences adjacent to and within the vicinity of the project site. Therefore, the proposed project will be considered consistent with the character of the neighborhood in which it is located. Growth Management The project site is a previously graded site developed with an existing single-family residence. The proposed project does not increase demand on the city facilities beyond that which has previously been analyzed. IV. 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, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15301(e)(2) - Existing Facilities, Class 1 Categorical Exemption of the State CEQA Guidelines. The area of proposed expansion (i.e., 1,673 square feet) does not result in an increase of more than 10,000 square feet, the project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan, and the area in which the project is located is not environmentally sensitive. In making this determination, the City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. A Notice of Exemption will be filed by the City Planner upon final project approval. CDP 13-22/NCP 13-03 – PORTER RESIDENCE January 15, 2014 Page 5 ATTACHMENTS: 1. Planning Commission Resolution No. 7028 2. Location Map 3. Disclosure Statement 4. Reduced Exhibits 5. Full Size Exhibits “A – H” dated January 15, 2014 CANNO N R D CARLSBAD BLTI ERRA DEL ORO ST EL ARBOL DRLOS ROBLES DRSHORE DR CDP 13-22 / NCP 13-03 Porter Residence SITE MAPEL CAM REALC A R LSB AD VILL AGE DR L A COSTA AVCARLSBAD BL PALOM AR AIRP ORT R D MELR OSE DRAVIARA PY RAN CHO S AN TA FE RDCOLL EGE BLEL CAMI NO REALSITE PACIFIC OCEAN