HomeMy WebLinkAbout2015-10-21; Planning Commission; ; CDP 15-20|NCP 15-02 – FLORA RENOVATION
The City of Carlsbad Planning Division
A REPORT TO THE PLANNING COMMISSION
Item No.
Application complete date: August 24, 2015
P.C. AGENDA OF: October 21, 2015 Project Planner: Greg Fisher
Project Engineer: David Rick
SUBJECT: CDP 15-20/NCP 15-02 – FLORA RENOVATION – Request for approval of a Coastal
Development Permit and Non-Conforming Construction Permit to allow for the addition
of 953 square feet of living area to an existing single family residence and the construction
of a 501 square foot two car garage on a .10 acre lot within the R-3 Zone and the Mello II
Segment of the city’s Coastal Zone located at 155 Walnut Avenue within Local Facilities
Management Zone 1. 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 Section 15303,
New Construction or Conversion of Small Structures, of the state CEQA Guidelines.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 7126 APPROVING Coastal
Development Permit CDP 15-20 and Non-Conforming Construction Permit NCP 15-02 based upon the
findings and subject to the conditions contained therein.
II. PROJECT DESCRIPTION AND BACKGROUND
Project Site/Setting: The .10 acre (4,375 square feet), project site is located at 155 Walnut Avenue as
shown on the attached location map. The relatively flat lot is developed with an existing 849 square foot
one-story residence and a 360 square foot carport. 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 RH R-3 Single-family residence
North RH R-3 Multi-family residence
South RH R-3 Single-family residential
East RH R-3 Multi-family residential
West RH R-3 Two-family residential
Proposed Residential Construction: The project consists of an addition to the existing single-family home
that includes 288 square feet of new living space on the first floor, a new second floor consisting of 665
square feet, and a 640 square foot second dwelling unit proposed above a new 501 square foot two car
garage. When completed, the residence will have a total living area of 1,777 square feet. The project also
includes 292 square feet of new first and second floor decking. In addition to the increase in living area,
the exterior of the home will be upgraded to a California modern architectural style that features stone
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CDP 15-20/NCP 15-02 – FLORA RENOVATION
October 21, 2015
Page 2
veneer and hardi-board horizontal siding, exposed rafter tails, and decorative steel cable deck railings.
The second dwelling unit will be administratively reviewed and acted upon by the City Planner through a
separate minor coastal development permit, subsequent to the Planning Commission action on CDP 15-
20.
III. ANALYSIS
The project is subject to the following regulations and requirements:
A. Residential High Density (RH) General Plan Land Use Designation;
B. Multiple Family Residential Zone (R-3, C.M.C. Chapter 21.16);
C. Beach Area Overlay Zone (BAOZ, C.M.C. Chapter 21.82);
D. Non-Conforming Buildings and Uses (C.M.C Chapter 21.48);
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 (C.M.C. Chapter 21.85); and
G. Growth Management (C.M.C 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 Residential High Density (RH) Land Use Designation
The subject property is designated Residential High (RH). The RH Land Use designation allows for the
development of single family residential units within a density range of 15 – 23 dwelling units per acre
(du/ac) and at a Growth Management Control Point (GMCP) of 19 dwelling units per acre. The project
site has a net area of .10 acres and at the 19 du/ac GMCP, 1.9 dwelling units are allowed. The existing
project is below the GMCP. 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.
B. Multiple-Family Residential Zone (R-3, C.M.C. Chapter 21.16)
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. The proposed
additions meet or exceed all applicable requirements of the R-3 zone, however the existing structure does
not comply with the front yard setback and side yard setback (east side) as demonstrated in Table B below.
The non-conformity of the existing structure will be discussed in Section D below.
CDP 15-20/NCP 15-02 – FLORA RENOVATION
October 21, 2015
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TABLE B - R-3 ZONE DEVELOPMENT STANDARDS
STANDARD REQUIRED/ALLOWED EXISTING/PROPOSED
Front Yard Setback 20 feet 13 feet*
East Side Yard Setback 5 feet 3 feet*
West Side Yard Setback 5 feet 12 feet
Rear Yard Setback 10 feet 10 feet
Max Building Height 35 feet 24 feet
Lot Coverage 60% 40%
Parking Two-car garage (20’ x 20’) Two-car garage (20’ x 20’)
*Please see discussion regarding existing non-conforming front and side yard setback in Section D on the
following page.
C. Beach Area Overlay Zone (BAOZ, C.M.C 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 C.M.C 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 Beach Area Overlay Zone. 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
24 feet with 1:12 roof pitch
Visitor Parking .30 space per unit (1 space rounded up) 1 guest parking space
D. Non-Conforming Buildings and Uses (C.M.C. Chapter 21.48)
The project is required to comply with the requirements of the Non-Conforming Buildings and Uses
chapter of the zoning ordinance because the existing home does not meet the setback for the front yard
(twenty feet) and side yard (five feet). The proposed addition to the existing home is in conformance with
all applicable zoning standards as shown in Tables B and C above. Chapter 21.28 of the Carlsbad Municipal
Code requires that four findings be made in order to approve a Non-Conforming Construction Permit. All
of the findings can be made for this project as discussed below.
1. The expansion of the residential structure would not result in an adverse impact to the health,
safety and welfare of surrounding uses, persons or property in that the property is already
developed with a single-family home and is surrounded by single-family and multi-family
residences. In addition, the proposed project improvements 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 (R-3/BAOZ) in which it is located in that the new addition complies with current
front, side and rear yard setback requirements and all other development standards such
as building height and lot coverage. The project is consistent with the parking requirements
as a new two car garage is proposed in addition to an open visitor parking space located
within the paved driveway. The open parking space is required guest parking in accordance
with the BAOZ.
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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 applicable fire protection and building codes. Furthermore, the project
will undergo standard building inspection procedures during the construction of the
additions.
4. The expansion/replacement would result in a structure that would be considered an
improvement to, or complimentary to and/or consistent with the character of the
neighborhood in which it is located in that the proposed addition will enhance the existing
architecture and will provide covered off-street parking spaces (2 car garage) and one open
visitor parking space as required in the R-3 zone and Beach Area Overlay Zone.
E. Mello II Segment of the Local Coastal Program (CMC Chapter 21.201) and 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 not within
the appealable area of the California Coastal Commission. 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 Residential High (RH), which allows for a density
of 15-23 du/acre and 19 du/acre at the Growth Management Control Point (GMCP). The project density
of 10 du/ac is not consistent with the RH General Plan Land Use designation as discussed in Section A
above. 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. Therefore the project is consistent
with the Mello II Segment of the LCP.
The project consists of a 953 square foot addition to an existing 849 square foot single family residence
and the construction of a two car garage in an area designated for residential development. The proposed
one and two-story addition is compatible with the surrounding development of one and two-story single-
family and multi-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 previously graded site, nor are there any sensitive
resources located on the developable portion of the site. The proposed 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 15-20/NCP 15-02 – FLORA RENOVATION
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2. Coastal Resources Protection Overlay Zone
The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (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 runoff, pollutants,
and soil erosion. No steep slopes or native vegetation is located on the subject property and the site is
not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction.
F. Inclusionary Housing Ordinance (CMC Chapter 21.85)
Pursuant to CMC Chapter 21.85.030 (D.1), a project may be exempt from the inclusionary housing
requirement if an existing residence is altered, improved, restored, repaired, expanded, or extended,
provided that the number of units is not increased. 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.
G. 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 there will be no increase in the
number of units on the property.
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
CEQA Section 15303, New Construction or Conversion of Small Structures, of the California Environmental
Quality Act (CEQA) Guidelines. A Notice of Exemption will be filed by the City Planner upon final project
approval.
ATTACHMENTS:
1. Planning Commission Resolution No. 7126
2. Location Map
3. Disclosure Form
4. Reduced Exhibits
5. Exhibits “A” – “K,” dated October 21, 2015
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