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Home My WebLink About1998-09-16; Planning Commission; ; CDP 98-10 - CARLSBAD BY THE SEAme City of CARLSBAD Planning Department A REPORT TO THE PLANNING COMMISSION Single Family Coastal Development Permit Item No. P.C. AGENDA OF: September 16, 1998 Application complete date: February 27, 1998 Project Planner: Chris DeCerbo Project Engineer: Michele Masterson SUBJECT: CDP 98-10 - CARLSBAD BY THE SEA - Request for approval of a Coastal Development Permit to allow for the construction of a single family residence within the City's Coastal Zone located on the western side of Franciscan Road within the La Costa Downs subdivision within Local Facilities Management Zone 22. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4388 APPROVING Coastal Development Permit CDP 98-10 based upon the findings and subject to the conditions contained therein. II.INTRODUCTION This project involves the construction of a single family residence located within the Mello II segment of the City's Coastal Zone and, therefore, requires a Coastal Development Permit (CDP). Prior to the City being granted coastal permit authority by the Coastal Commission in October 1996, an applicant was required to obtain coastal permit approval from the Coastal Commission before building permit issuance by the City. Now the City processes coastal development permits approved by the Planning Commission for new single family construction, prior to building permit issuance. The CDP application was reviewed for consistency with the Local Coastal Program policies and implementation. There are no unresolved issues. The staff recommended approval with conditions is supported by the following analysis. III. PROJECT DESCRIPTION AND BACKGROUND Project Site/Setting: Infill lot located on the west side of Franciscan Road as shown on the attached Location Map. The lot area is 4,620 square feet. Proposed Residential Construction: New residential structure totaling 2,447 square feet. Proposed Grading: No grading is proposed which would require a grading permit. Impact on Coastal Resources: None. CDP 98-10 - CARLSBAD rsY THE SEA September 16, 1998 Page 2 IV. ANALYSIS As shown on the Coastal Development Compliance Table below, the proposed development is in compliance with all applicable regulations of the LCP Land Use Plan and the La Costa Downs Specific Plan (SP-201). Building permits may be issued subject to the conditions contained in Planning Commission Resolution No. 4388. COASTAL DEVELOPMENT COMPLIANCE TABLE LCP Land Use Plan General Plan Zoning Grading Permit Required Hillside Development Permit Required Native Vegetation Impacts STANDARD Front Yard Setback Side/Rear Yard Setback Building Height Lot Coverage RM (Residential Medium) RM R- 1-1 0,000 (La Costa DownsSP201) No No None REQUIRED/ALLOWED 20' 6715' 25' 40% PROPOSED 20' 6V15'2" 25' 37.9% 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 the construction of a single family residence in an area designated for single family development. The LCP Land Use Plan designates the subject site for RM (Residential Medium) density development. Mello II is implemented in part by the City's zoning ordinance. The project complies with the zoning regulations as modified by SP-201. 2. Coastal Overlay Zones. The subject site is located in the Coastal Resource Protection Overlay Zone, however, due to its location and the absence of slopes steeper than 25% inclination and/or native vegetation, additional submittals, standards or requirements do not apply. V. ENVIRONMENTAL REVIEW This project is exempt from CEQA per the exemptions listed below: (1) Section 15304 of CEQA exemptions (Class 4) exempts minor alterations to land including grading on land with a slope of less than 10% from environmental review. CDP 98-10 - CARLSBAD riY THE SEA September 16, 1998 Page 3 (2) Section 15303 of CEQA exemptions (Class 3) exempts the construction of single family residences in urbanized areas from environmental review. A Notice of Exemption will be filed by the Planning Director upon project approval. ATTACHMENTS: 1. Planning Commission Resolution No. 4388 2. Location Map 3. Background Data Sheet 4. Disclosure Form CD:mh C ARCS BAD BY THE SEA CDP 98-10 BACKGROUND DATA SHEET CASE NO: CDP 98-10 CASE NAME: Carlsbad bv the Sea APPLICANT: Chris Salem REQUEST AND LOCATION: Single family home in La Costa Downs LEGAL DESCRIPTION: Lot 2. Block 23. La Costa Downs. Unit No. 1. Map 2013 APN: 214-022-27 Acres: 4.620 Sq.Ft. Proposed No. of Lots/Units: 1 GENERAL PLAN AND ZONING Land Use Designation: RM-Residential Medium Density Allowed: 4-8 units per acre Density Proposed: one unit Existing Zone: R-l-10.000 Proposed Zone: N/A Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Zoning Requirements) Zoning Land Use Site R-l-10,000 Vacant North R-l-10,000 Vacant South R-l-10,000 Vacant East R-l-10,000 SFR West R-l-10,000 Vacant PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): One Public Facilities Fee Agreement, dated: N/A ENVIRONMENTAL IMPACT ASSESSMENT Negative Declaration, issued I [ Certified Environmental Impact Report, dated_ Other, Exempt Sections 15304 and 15303 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 subminal. 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 propeny owner must be provided below. 1. 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 publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Chris Salem Title Partner Corp/Part Carlsbad by the Sea, LLC Title Partner Address 904>an W. San MarcosBlyc Marcos, CA 92069 lvd. . #4 Address,304 W. San Marcos Blvd.£4 >an Marcos, CA 92069 OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL 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, 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 Chris Salem Title Partner Address Q04 W. San Marcos Blvd. San Marcos, CA 92069 Corp/Part Carlsbad by the Sea. LLC Title Partner Address 904 W. Sen Marcos Blvd. San Marcos, CA 92069 *See attached partner list. 2O75 Las Palmas Dr. • Carlsbad. CA 92009-1576 • (760) 438-1161 • FAX (76O) 438-O894 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 S250 worth of business transacted with any member of City staff. Boards. Commissions. Committees and/or Council within the past twelve (12) months? Yes [xx] No If yes, please indicate person(s):_ NOTE: Attach additional sheets if necessarv. 1 certifv that all the above information is true and correct to the best of mv knowledge. Signature of owner/date 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 Chris Salem Print or type name of owner applicant's agent Project Description: Single Family Residence Plot Plan #1 6459 Franciscan Road APN: 214-022-27 Desc: Lot 2 - Block 23 - Map 2013 CDP: 98-10 App.Date: 2/4/98 H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 Carisbad by the Sea, 90-1 \V. S3.n Marcos Blvd. San Msrccs, CA 92069 Exhibit "A" 10/06/97 Partner - 25% I Capital 50%: Partner - 25% I Caoital 50%: Partner - 50% / Capital 0%: Joe Zs.gc.ra. John Zagara 501 Route 73 South =207 Marlton, NJ C8053 609983-3176 609983-4425" John & Lisa Najjar Peter & Linda Najjar 2087 San Elijo Ave Cardin; CA 92007 760 753-5445 760 753-201S Chris Saleni Gloria SaJem 904 W.San Marcos Blvd. = San Marcos, Ca 92069 760471-9931 760471-9941 / 760-571-99-51