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Home My WebLink About1999-04-07; Planning Commission; ; CDP 98-80 - COURY RESIDENCEThe City of CARLSBAD Planning Department IT TO THE PL Single Family Coastal Development Permit Item No. (3, P.C. AGENDA OF: April 7, 1999 Application complete date: December 23, 1998 Project Planner: Brian Hunter Project Engineer: David Rick SUBJECT: CDP 98-80 - COURY RESIDENCE - Request for approval of a Coastal Development Permit to allow for the demolition of and the subsequent construction of a single family residence within the City's Coastal Zone, located at 5136 Shore Drive within Local Facilities Management Zone 3. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4525 APPROVING Coastal Development Permit CDP 98-80 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. 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 5,136 Shore Drive as shown on the attached location map. The lot area is .137741 acres (6,000 square feet). The surrounding uses are single family homes. The project proposes demolition of the existing single family house on site. Proposed Residential Construction: New residential structure totaling 3,068 square feet with a 1,078 square foot basement and a 590 square foot garage. Proposed Grading: Estimated grading quantities include 278 cubic yards (cy) of cut which is necessary for the excavation of the basement. A grading permit will not be required for this project. CDP 98-80 - COURY RESIDENCE April 7, 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 Resolution No. 4525. 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 No No None REQUIRED/ALLOWED 20 Feet 7.5 Feet/1 5 Feet 30 Feet 40% PROPOSED 20 Feet 7.5 Feet/15 Feet 28 'Feet 7 Inches 36% 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 demolition of an existing single family residence and 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 is located on the east side of Shore Drive and has developed property and a public street between itself and the ocean, therefore there are no requirements for public beach access including lateral, blufftop, or vertical access provisions. 3. Coastal Overlay Zones The subject site is located in the Coastal Resource Protection Overlay Zone, but does not include slopes with a gradient equal to or greater than 25% or native vegetation, so none of the overlay zone requirements apply. cCDP 98-80 - COURY RESIDENCE April?, 1999 Page 3 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 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 project is exempt from CEQA per the exemptions listed below: (1) Section 15301(1)(1) exempts the demolition and removal of individual small structures listed in this subsection except where the structures are of historical, archaeological, or architectural significance such as single-family residences not in conjunction with the building of two or more such units. (2) Section 15303 (a) exempts the construction of single-family residences not in conjunction with the building of two or more such units. A notice of exemption will be filed by the Planning Director upon project approval. ATTACHMENTS: 1. Planning Commission Resolutions No. 4525 (CDP) 2. Location Map 3. Disclosure Form BH:eh COURY RESIDENCE CDP 98-80 c City of Garlsbad tr ^•••••••••••^•••••MMraPlanning 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.) **<£' DPerson Title f9uJvt tV~ Corp/Part Title Address 5'l3fc'TV Address (2 4.*" U CV OWNER (N ot 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.) Corp/Part_ Title Person Title flu A Address -SM flYV!*.Address 2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (76O) 438-1161 • FAX (76O) 438-O894 3. NON-PROFIT Ol^ -NEATION 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 $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. 1 certify that all the above information is true and correct to the best o£.my knowledge. A A\ ( AAA/VXX II °l\tf 'LtfMlViA^ /If)/UCVv.Ajt/y' Signature of owne/dkte / 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 Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2