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Home My WebLink About1999-04-07; Planning Commission; ; CDP 98-67|HDP 98-14 - GILSON RESIDENCEpTne .One City of Carlsbad Planning Department NING COMMISSIl Single Family Coastal Development Permit Item No. ( 4 P.C. AGENDA OF: April 7,1999 Application complete date: October 5, 1998 Project Planner: Van Lynch Project Engineer: Michele Masterson SUBJECT: CDP 98-67/HDP 98-14 - GILSON RESIDENCE - Request for approval of a Negative Declaration, Coastal Development Permit, and Hillside Development Permit to allow for the construction of a single family residence with detached garage within the City's Coastal Zone, located on the west side of Holly Brea Lane, south of Alder Avenue within Local Facilities Management Zone 1. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4511 APPROVING the Negative Declaration, and Planning Commission Resolutions No., 4513 and 4512 APPROVING the Coastal Development Permit and Hillside Development Permit based upon the findings and subject to the conditions contained therein. II.INTRODUCTION Pursuant to Section 21.201.030 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 Permit (CDP). The CDP application was reviewed for consistency with Local Coastal Program policies and implementation. The project requires a Hillside Development Permit because of the sites topography. There are no unresolved issues. The staff recommended approval with conditions is supported by the analysis as follows. III. PROJECT DESCRIPTION AND BACKGROUND Project Site/Setting: The project consists of developing an infill lot located on the west side of Holly Brea Lane south of Alder Avenue as shown on the attached Location Map. The lot, with an area of .418 acres (18,208 square feet), has an even eighteen percent slope to the east and is void of any sensitive vegetation. Proposed Residential Construction: A new two story residential structure with 2,856 square feet of living area and a detached two car garage and guest house, both of which have 480 square feet. Proposed Grading: Because the home and garage/guest house will be built with a stem wall foundation system, only 200 cubic yards of grading is proposed. A grading permit will be required for this project. Most of the grading required is for the driveway and garage/guest house. CDP 98-67/HDP 98-14 - G April 7, 1999 Page 2 jitsSON RESIDENCE IV. ANALYSIS As shown on the Coastal Development Compliance Table below, the proposed development is in compliance with all applicable regulations. Building permits may be issued subject to the conditions contained in Planning Commission Resolutions No. 4511, 4512 and 4513. 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 Max Building Height Lot Coverage Residential Low-Medium (RLM) Residential Low-Medium (RLM) Residential - Single family (R-l-15,000) Yes Yes None REQUIRED/ALLOWED 20 Feet 10 Feet 720 Feet 30 Feet 60% Maximum PROPOSED 72 Feet 10 Feet 720 Feet 27 Feet 20% 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 (LCP) 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 Residential Low-Medium density development. 2. Coastal Overlay Zones. The subject site is located in the Coastal Resource Protection Overlay Zone. The project is consistent with the provisions of this Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage and Storm Water Quality Management Plan, and Grading Ordinance to avoid increased runoff and soil erosion, the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction, and the site does not contain prime/non prime agricultural lands. The property has 18% slopes which face the east. The slopes do not support any endangered plant/animal species and/or coastal sage scrub and chaparral plant communities and therefore are not considered dual criteria slopes. The project will not require off-site drainage improvements and the existing drainage structures are adequate to accommodate any increase in drainage. Grading for the site will be limited to the summer construction season and the project will be conditioned to provide erosion control measures. CDP98-67/HDP98-14- April7, 1999 Page 3 SON RESIDENCE o Hillside Development Regulations The project contains slopes of 15% or greater and an elevation differential of 15', therefore, a Hillside Development Permit is required pursuant to the City's Hillside Development regulations prior to amendment. The site has an even 18% downward slope to the east. Because the home and garage/guest house are being built on a stem wall foundation, there is minimal grading required for the site. The only grading required is for the driveway and detached garage. The grading is estimated to be 200 cubic yards (80 cu. yds/acre) which is within the acceptable volume of 7,999 cubic yards/acre. STANDARD Preservation of 40% Slopes Slope Height Grading Volume Contour Grading Slope Screening Slope Setback REQUIRED Preservation in Open Space 30 foot maximum Maximum = 7,999 cubic yds/acre Variety of Slope Direction & Undulation Landscaping Not quantified - 15' Minimum Recommended PROPOSED No slopes of 40% or greater to preserve No significant slopes are being created 80 cubic yds/acre (200cu. yds for the project) No significant slopes are being created No slopes to screen. General landscaping includes a combination of trees, shrubs and ground cover No slopes created, therefore no setback provided. The proposed project can be found in compliance with the proposed hillside development ordinance. The project, with it's stem wall construction, does not require significant amounts of grading. The project will not create manufactured slope conditions which would have to be contour graded. Affordable housing requirement Because the property was subdivided after the date the inclusionary ordinance was codified, the project is conditioned to pay an in-lieu contribution. V.ENVIRONMENTAL REVIEW The City has received its annual Growth Management Traffic Monitoring Report. The Report has recorded an unanticipated intersection "level of service" (LOS) failure at Palomar Airport Road (PAR) and El Camino Real (ECR) during both the a.m. and p.m. peak hours. This potentially creates a changed circumstance negating reliance on previous environmental documentation. Pursuant to §15162 of the CEQA Guidelines a lead agency must prepare a "Subsequent" environmental documentation if substantial evidence (i.e., the recorded intersection failure) determines that a changed circumstance exists. However, case law has cCDP 98-67/HDP 98-14 - GILSON RESIDENCE April 7, 1999 Page 4 interpreted this section of the CEQA Guidelines to not require the preparation of a "Subsequent EIR" if mitigation measures are adopted which reduce the identified impacts to a level of insignificance. A mitigation measure has been identified which, if implemented, will bring the peak hours LOS into the acceptable range. The mitigation measure involves construction of two dual right turn lanes-northbound to eastbound and westbound to northbound. This project has been conditioned to pay its fair share of the intersection "short-term improvements" thereby, guaranteeing mitigation to a level of insignificance. In light of the above, the Planning Director has determined that this project would not have a significant impact on the environment. This decision was based upon findings of the Environmental Impact Assessment Part II. A Negative Declaration was issued by the Planning Director on November 16,1998. ATTACHMENTS: 1. Planning Commission Resolution No. 4511 (Neg. Dec.) 2. Planning Commission Resolution No. 4512 (HDP) 3. Planning Commission Resolution No. 4513 (CDP) 4. Location Map 5. Background Data Sheet 6. Disclosure Form 7. Full size exhibits "A" - "M", dated April 7, 1999 VL:eh:mh GILSON RESIDENCE CDP 98-67/HDP 98-14/SDU 98-41 c oBACKGROUND DATA SHEET CASE NO: CDP 98-67/HDP 98-14 CASE NAME: GILSON RESIDENCE APPLICANT: KIRK AND NITA GILSQN REQUEST AND LOCATION: single family home with detached garage and guest house located on west side of Holly Brae Ln. south of Alder Av. LEGAL DESCRIPTION: Parcel B of parcel map no. 17879. in the City of Carlsbad, in the County of San Diego. State of California, filed in the office of the County Recorder of San Diego County. July 14. 1998. as file no 1997-0331534 of official records of San Diego County. APN: 207-063-44-00 Acres: .418 (18.208 sq. ft.) Proposed No. of Lots/Units: 1 GENERAL PLAN AND ZONING Land Use Designation: Residential Low-Medium (RLM) Density Allowed: 3.2 units per acre Density Proposed: 2.3 units per acre Existing Zone: R-l-15.000 Proposed Zone: n/a Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Zoning Requirements) Zoning Land Use Site R-l-15,000 Vacant North R-l-15,000 Single Family Res South R-l-15,000 Vacant East R-l-15,000 Single Family Res West R-1 -15,000 Single Family Res PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): J Public Facilities Fee Agreement, dated: September 17. 1998 ENVIRONMENTAL IMPACT ASSESSMENT Negative Declaration, issued November 16.1998 Certified Environmental Impact Report, dated. Other, o 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 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 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 publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person AJUfi * KtKtL £/6&cA/ Corp/Part Title oui^'gg^ Title Address I "7 3 fr .5 C VOdA'&K- Address 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 publicly- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person K'KK -i Alrtjt\ G/OCW Corp/Part_ Title ou!X/&gS Title Address /73fr SCtjQd /J&fc Address 2O75 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (76O) 438-1161 • FAX (760) 438-O894 NON-PROFIT ORTK^NIZATION 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, Title Non Profit/Trust. Title Address Address Have you had more than $250 worth of business transacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve (12) months? | [ Yes \£\ No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. I certify that all the.bove information is true and correct to the best of myJorowledge Signature of owjrer/c ale Signature of-eppli^ant/date Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2