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HomeMy WebLinkAbout1999-03-03; Planning Commission; ; CDP 98-71|HDP 98-17 - BELIVEAU RESIDENCETheThe City of CARLSBAD Planning Department IT TO THE PLANNINI Single Family Coastal Development Permit Item No. (4 P.C. AGENDA OF: March 3, 1999 Application complete date: October 31, 1998 Project Planner: Brian Hunter Project Engineer: Steven Jantz SUBJECT: CDP 98-71/HDP 98-17 - BELIVEAU RESIDENCE - Request for approval of a Coastal Development Permit and a Hillside Development Permit to allow for the construction of a single family residence within the City's Coastal Zone located at 4125 Skyline Drive within Local Facilities Management Zone 1. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4488 APPROVING the Negative Declaration, and Planning Commission Resolutions No. 4489 and 4490, APPROVING Coastal Development Permit CDP 98-71 and Hillside Development Permit HDP 98-17 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 LCP policies and implementation. The project also requires a Hillside Development Permit because of the site's topography and proposed grading. 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: Infill lot located at 4125 Skyline Drive as shown on the attached location map. The lot area is .4699954 acres (approximately 20,473 square feet). The surrounding uses include other single family homes. The project proposes demolition of the existing single family residence on site. Proposed Residential Construction: New residential structure totaling 5,160 square feet. Proposed Grading: Estimated grading quantities include 75 cubic yards of cut, 1600 cubic yards of fill with 1540 cubic yards of Import. A grading permit will be required for this project. CDP 98-71/HDP 98-17 - BELIVEAU RESIDENCE March 3,1999 Page 2 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. 4488, 4489 and 4490. 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 Mello II RLM RLM R-l-15 Yes HDP 98- 17 existing developed lot REQUIRED/ALLOWED 20 Feet 10 Feet 30 Feet 40% PROPOSED 22-32 Feet 10 Feet 24 Feet 18% 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 Residential Low Medium density development. 2. Conformance with public access and recreation policies of Chapter 3 of the Coastal Act. The project site is not located between the sea and the first public road parallel to the sea and therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the CMC). 3. 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 does include slopes with gradients equal to or greater than 25% gradient. These slope areas, as identified on the slope analysis map (see Exhibits "A" - CDP 98-71/HDP 98-17 - BELIVEAU RESIDENCE March 3,1999 Page 3 "N") are small isolated manufactured slopes with elevation changes of 4-7 feet, which were created during previous grading and are not a natural condition. 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. There are provisions in the coastal resource protection zone that allow all other steep slopes to be developed. The appropriate findings can be made to allow for the development of the steep slope areas as follows: A. A soils investigation conducted by Barry and Associates Geotechnical Engineering, dated September 28, 1998, has determined that the slope areas are not considered subject to seismically induced soil liquefaction and soil instability due to such factors as soil type, density, and lack of groundwater. B. The grading of the slopes are essential to the development design in that the siting of the pool adjacent to the house requires the filling of this area. C. Slope disturbance will not result in substantial damage or alteration to major wildlife habitat or native vegetation areas in that the property is an infill site previously developed with a house and non native vegetation. D. The area is less than ten acres in size (.05 acres) and will not interrupt significant wildlife corridors. E. The site does not contain north facing slopes which are generally less stable and contain more extensive vegetation. Hillside Development Regulations The project contains slopes of 15% or greater and an elevation differential of 15', therefore, a Hillside Development Permit pursuant to the City's Hillside regulations prior to amendment is required. As discussed below, this project is in conformance with the City's Hillside Ordinance. Because the project site contains isolated slope areas over 40% that are less than 15 feet in height and that do not comprise an area of over 4,000 square feet, these areas are excluded from the requirements of the Hillside Development Ordinance pursuant to Section 21.95.090 of the Carlsbad Municipal Code. Subsection 21.95.060(a) of the Hillside Ordinance requires that all development on slopes of 25% or greater within the Coastal Zone shall comply with the Coastal Resource Protection Overlay zone. As discussed above, the project as proposed is in compliance with the overlay zone. The Hillside Development Ordinance limits manufactured slope heights to 30 feet maximum, whereas the project proposes a 10 foot tall manufactured slope in the back yard to allow the construction of a subterranean pool. The manufactured slope will be landscaped with a variety of shrubs and groundcover. Retaining walls to six feet in height (less than or equal to 42" in the front yard setback) are proposed along the side and to four feet in height within two feet of the rear property lines. c oCDP 98-71/HDP 98-17 - BELIVEAU RESIDENCE March 3, 1999 Page 4 The project proposes earthwork quantities as follows: 75 cubic yards of cut, 1,600 cubic yards of fill, shrinkage 15 cubic yards, and import of 1,540 cubic yards. The volume of (4,800 cubic yards per acre) is acceptable. No straight, flat, cut or filled slope face greater than thirty feet in height or two hundred feet in length has been created. Cut and fill slopes have been, to the extent possible, screened from view behind or under the building or, where that was not possible, screened with landscaping. The hillside drainage has maintained the natural drainage pattern of the site. Roofwater collection and drainage dispersal systems have been provided. The home designed for this lot is a two story structure which will appear to be a one story structure from the Skyline Drive elevation. Its longest dimension parallels the contour of the slope. The project is also consistent with the propose and intent provisions of the Hillside Development Regulations as follows: A) Assure hillside alteration will not result in substantial damage or alteration of significant natural resource areas, wildlife habitats, or native vegetation areas. As this site has been fully developed previously with a home and non-native vegetation, is an infill site surrounded by other homes with non-native vegetation, and therefore contains no such areas or habitats, any hillside alteration would not result in substantial damage or alteration of these significant areas or habitats. B) Preserve the natural appearance of hillsides by assuring that development density and intensity relates to the slope of the land, and is compatible with hillside preservation. The project proposes a single family house and related pool to be constructed at this location. The pool has an approximately 30' wide pad in association with it to allow usable hardscape recreational space around it. This pad parallels the natural contour of the land. The manufactured 2:1 fill slope, parallels the natural slope and limits the amount of graded land as a slope with a lesser inclination would affect a greater area of the property. The surrounding properties have similar single family construction and recreational pad development. C) Assure proper design is utilized in grading, landscaping and in the development of structures and roadways to preserve the natural appearance of hillsides. As previously noted, the grading for this site mimics the slope direction, if not the inclination, of the existing hillside. D) Preserve and enhance a healthful and aesthetically pleasing environment by assuring that hillside development is pleasing to the eye, rich in variety, highly identifiable, and reflects the city's cultural and environmental values. This development, consists of the demolition of a single family house and the rebuilding of a single family house in essentially the same location on an infill lot that has no native vegetation. Review of the site plan, the Carlsbad Municipal Code, and the development of the neighboring properties indicates that the proposed project is in harmony with the environment and surrounding neighborhood. c oCDP 98-71/HDP 98-17 - BELIVEAU RESIDENCE March 3, 1999 PageS E) Assure hillside conditions are properly identified and incorporated into the planning process. The applicant's engineer, Resources Development Corporation, has properly identified graded areas, earthwork quantities, drainage structures, retaining walls, erosion control, landscaping, hardscape, buildings, and topography as required by the Hillside Development Regulations. F) Implement the intent of the land use and open space/conservation elements of the Carlsbad General Plan. The property is designated to be developed with a single family home by the Land Use Element of the General Plan, and there are no natural or historic features of note on the property. G) Prevent erosion and protect the lagoons from excessive siltation. The project requires a grading permit, and as part of that permit, an erosion control plan will be submitted. This plan will indicate both temporary sandbagging and punched straw during construction and permanent landscaping and compaction after construction as a means of erosion control. H) Encourage creatively designed hillside development requiring a minimal amount of grading. The Hillside Development Regulations state that the relative sensitivity of hillside grading volumes that is acceptable is less than or equal to 7,999 cubic yards per acre, while this project proposes approximately 4,800 cubic yards per acre . I) Reduce the intensity of development on hillside areas to ensure all development that does occur is compatible with the existing topography. As the main element of the site grading is construction of a pad for the pool and associated hardscape, and the grading volumes and slope heights proposed are significantly less intensive than the standards contained within the Hillside Regulations, the intensity of development that is proposed is compatible via conformance with those standards. V. ENVIRONMENTAL REVIEW Due to the amount of grading proposed and/or the requirement of a Hillside Development Permit, environmental review per CEQA was performed. It has been determined that no significant environmental impacts will result from the proposed single family project. The Planning Director has issued a Negative Declaration, dated December 28, 1998. ATTACHMENTS: 1. Planning Commission Resolution Nos. 4488 (Negative Declaration) 2. Planning Commission Resolution Nos. 4489 (CDP) 3. Planning Commission Resolution Nos. 4490 (HDP) 2. Location Map 3. Disclosure Form 4. Exhibits "A" - "N", dated March 3, 1999 BH:eh:mh BELIVEAU RESIDENCE CDP98-71/HDP98-17 c 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 publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person IMOWQ Ayj U/reOjeVWeSJ Corp/Part. Title fluVV2f Title Address "f\ ifc) CdCMlOg. ^Ur 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 publiclv- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person HUmO && UnucqjaNfciJ Corp/Part. Title 6UyyQT Title Address Ml L^ ^U4kAfi J J( . Address 2075 Las Palmas Dr. - Carlsbad, CA 92OO9-1576 • (760) 438-1161 • FAX (760) 438-0894 O 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 beneficiarv 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 above information is true and correct to the best of my knowledge. Signature of owner/date Print or type name of owner signature ofapplicant/date 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\D1SCLOSURE STATEMENT 5/98 Page 2 oi