HomeMy WebLinkAbout1999-06-02; Planning Commission; ; CDP 99-04 - DAY RESIDENCEC ,^*>
VThe City of CARLSBAD Planning Department
A REPORT TO THE PI
Single Family Coastal Development Permit
Item No.
P.C. AGENDA OF: June 2, 1999
Application complete date: February 10, 1999
Project Planner: Greg Fisher
Project Engineer: Michelle Masterson
SUBJECT: CDP 99-04 - DAY RESIDENCE - Request for approval of a Coastal
Development Permit to demolish an older single family residence and allow for
the construction of a new single family residence within the City's Coastal Zone
located on a blufftop lot on the west side of Ocean Street, north of Pacific Avenue
on Assessor's Parcel No. 203-021-04 within Local Facilities Management Zone 1.
The project site is located in the Appeal Area of the Coastal Zone and may be
subject to an appeal by the Coastal Commission.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 4565 and 4566,
APPROVING the Negative Declaration and Coastal Development Permit CDP 99-04 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 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: The proposed single family residence is located on a site on the west side of
Ocean Street just north of Pacific Avenue in the northwest quadrant of the City. The project site
is an in-fill, rectangular shaped coastal bluff lot is approximately 10,120 square feet. The site
slopes downward from east to west (toward the beach). The eastern portion of the site (along
Ocean Street) contains slopes of 0-15% for approximately the first 45 feet. From that point
westward the site drops more steeply towards the beach. This topography makes the site
somewhat difficult to develop. There currently exists an older single family residence on the site
that will be demolished prior to the construction of the new residence.
The site is zoned R-3 and is within the Beach Area Overlay Zone. It has a General Plan
designation of RMH (Residential - Medium High Density). Surrounding properties to the north
and south are also zoned R-3 and have an RMH General Plan Designation. The properties to the
o
CDP 99-04 - DAY RESIDENCE
June 2, 1999
Page 2
east (across Ocean Street) are zoned R-3. Surrounding properties have already been developed
with a variety of residential uses, including some older single family units and mostly newer
multi-unit projects. Many of these surrounding projects (on the west side of Ocean Street) have
similar topographically constrained properties and have been developed through the approval of
numerous variances.
Proposed Residential Construction: The applicant is proposing to develop a two story, single
family detached structure totaling 5,588 square feet of living area. The structure incorporates a
varied facade which will be finished in stucco in shades of "caffe Latte"
while the roofing material will consist of clay tile. There will be a patio/deck area off the lower
level, balconies off the lower and upper levels, and a below ground pool/spa toward the rear of
site all adhering to the required "stringline" setback. The residence will have ample off street
parking including (2) two car garages.
Proposed Grading: The proposed grading involves 873 cubic yards of cut. A grading permit will
be required for this project. The total grading volume (873cy/.132ac) 6,613 cubic yards/ac is
well within the amount deemed acceptable per the City's Hillside Development regulations.
Consistent with section 21.203.040(4)(e) of the Carlsbad Municipal Code, no grading will be
allowed between October 1st and April 1st.
Impact on Coastal Resources: None.
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. Building permits may
be issued subject to the conditions contained in Planning Commission Resolution No. 4566 when
all applicable appeal periods have ended.
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
RMH (Residential Medium High)
RMH (Residential Medium High)
R-3
Yes
No
None
REQUIRED/ALLOWED
20'
7.5715'
30'
60%
PROPOSED
15' (See Variance Discussion)
7.5740'
+-28' (Under 30')
42.09%
c)ENCCDP 99-04 - DAY RESIDENCE
June 2, 1999
Page 3
Administrative Variance Discussion
The applicant requested an Administrative Variance (AV 99-01) to reduce the required front yard
setback from 20 feet to 15 feet. Because the amount of the requested front yard setback
reduction does not exceed 75 % of the required yard requirement, the request constitutes an
Administrative Variance and is acted upon by the Planning Director. The Planning Director
conditionally approved AV 99-01 on May 26, 1999, subject to Planning Commission approval
on this Coastal Development Permit.
Review of Required Coastal Findings
I. Conformance with the Certified Local Coastal Program and all applicable policies
The project is located in the Mello II Local Coastal Program Segment of the LCP which
contains land use policies for development and conservation of coastal and water areas
within the Segment boundaries.
The project proposes the construction of a single family residence in an area designated
for single and multi-family development. The LCP Land Use Plan designates the subject
site for Residential-Medium High (RMH) density development and is being developed
consistent with that designation. As discussed below, the project complies with the
applicable LCP provisions.
The LCP Land Use Plan designates the subject site for RMH (Residential Medium High)
density development. Based on density of 11.5 du/ac, the lot could accommodate a
maximum of two units. The proposed residence will be located on the west side of Ocean
Street. The two story residence is consistent with the surrounding development of one
and two story structures and will not damage the visual beauty of the coastal zone. No
agricultural uses currently exist on the site, nor are there any sensitive resources (coastal
sage scrub or chaparral habitat). The residence is not located in an area of known
geologic instability. A geotechnical report was prepared in conformance with the Mello
II Segment requirements. This report determined that the proposed development will
have a useable life span of at least 75 years and that the development will have no adverse
effect on the stability of the coastal slope. In addition, the proposed structure,
decks/balconies, fences and pool/spa all comply with the identified "stringline" for
similar uses which are located on properties to the north and south of the project site. No
public opportunities for coastal access are available from the subject site and no public
access requirements are conditioned for the project.
II. Coastal Resource Protection Overlay Zone
The Coastal Resource Protection Overlay Zone is intended to supplement the underlying
zone by providing additional resource protection regulations within designated areas to
preserve, protect, and enhance the habitat resource value of lagoons and sloping hillsides.
The project steep slopes do not support any endangered plant/animal species and/or
coastal sage scrub and chaparral plant communities. This overlay zone provides that
ENCECDP 99-04 - DAY RESIDE
June 2, 1999
Page 4
steep slope areas (25% or greater slope) not containing endangered plant/animal species
or coastal sage scrub and chaparral plant communities may be permitted subject to
specific findings. The proposed project complies with all applicable requirements of the
Coastal Resource Protection Overlay Zone as illustrated in the table below:
Development of Steep Slopes/Slope Stability
FINDINGS RESPONSE
That a soils investigation be conducted to
determine that the site slope areas are stable
and grading and development impacts
mitigable for at least 75 years, or the life of the
structure.
A soils and geologic analysis of the project site
prepared in conformance with City
requirements. The study determined that with
the existing soil type on the site and if the
existing sea-wall is properly maintained, the
proposed development will have a useable life
span of at least 75 years and that the
development will have no adverse effect on the
stability of the coastal slope west of the
building site.
Grading of the slope is essential to
development of the site.
The proposed grading is essential to the site
since the steep slopes are located in the middle
of the site less than forty five feet from the
eastern property line.
Slope disturbance will not result in substantial
damage or alteration to major wildlife without
habitat or native vegetation.
Slope disturbance will not damage or alter
major wildlife habitat or native vegetation
since the site was previously developed with a
structure, ornamental landscaping and paving
and there is no native vegetation located on this
in-fill site.
In projects of less than 10 acres in size which
are predominated by steep slopes, complete
grading may be allowed only if no interruption
of significant wildlife corridors occurs.
The site is not predominated by steep slopes in
that only approximately 1/3 of the site contains
steep slopes, nevertheless, no wildlife corridor
would be interrupted by the proposed project.
No grading or removal of steep slope areas will
be permitted unless all environmental impacts
have been mitigated.
This project does not contain north facing
slopes and the project site is fully developed,
therefore, this requirement does not apply to
the proposed project.
Drainage, Erosion, Sedimentation, Habitat
As designed and conditioned, the proposed project will adhere to the City's Master Drainage and
Storm Water Quality Management Plan and Grading Ordinance to avoid increased run off and
soil erosion.
CDP 99-04 - DAY RESIDENCE
June 2, 1999
PageS
Landslides and Slope Instability
The soils and geological analysis report performed for the proposed project indicates that there
are no landslides on this site.
Seismic Hazards
The soils and geological analysis report performed for the proposed project indicates that the
materials at the site are not subject to liquefaction due to such factors as soil density, grain-size
distribution, and groundwater conditions.
Floodplain Development
No development on the property is proposed within the one-hundred year floodplain.
III. Coastal Shoreline Development Overlay Zone
The intent and purpose of the Coastal Shoreline Development Overlay Zone is to control
development/land use along the coastline to protect the public's interest in maintaining
the shoreline as a recreational and scenic resource, promoting public safety and access,
and avoiding adverse geologic and economic effect of bluff erosion. The proposed
project complies with all applicable requirements of the Coastal Shoreline Development
Overlay Zone as described in the table below.
STANDARD PROVIDED
Lateral Access
25-feet dry sandy beach.
25-feet of dry sandy beach seaward of existing
seawall.
Bluff Top Access
Applies to lots where no beach is present or where
beach is not accessible.
Beach is accessible via existing stairway located
approximately 220' from the subject site. Beach is
present, therefore requirement does not apply to
project.
Vertical Access
Determine public need to gain access, constraints
to access beach, and privacy needs of property
owner.
Vertical access exists within 300' of the project.
The site is not now, and has not historically, been
used for vertical access. No vertical access is
warranted for this development based upon the
ordinance criteria.
Geotechnical Report
Analyze cliff erosion and geologic conditions.
A geotechnical analysis of the project site was
prepared. The analysis concluded that the
proposed development will have a useful life of at
least 75 years and that the development will have
no adverse effect on the stability of the coastal
slope.
Appearance
Building developed on site with a general
attractive appearance related to surrounding
development and natural environment.
The proposed residential structure has been
designed with attractive architectural features
which will be compatible with the surrounding
development and natural environment.
CDP 99-04 - DAY RESIDENCE
June 2, 1999
Page 6
Ocean Views
Building designed to preserve to the extent feasible
ocean views.
The project has been designed with a low-scale
building facade on Ocean Street and the structure
complies with applicable side yard requirements
which will, to the extent feasible, preserve existing
ocean views from the street.
Natural Features
To extent feasible, retain natural features and
topography.
The building has been designed with a low-facade
along Ocean Street and the structure has been
designed to step-down the hillside consistent with
this requirement.
Grading
Grading executed so as to blend with existing
terrain.
Approximately 873 cubic yards of grading is
proposed with the project. Grading is designed to
blend with existing and natural surroundings.
"Stringline"The project adheres to all coastal "stringline"
setback requirements for the placement of
structures, decks/balconies, fences and pool/spa.
V.ENVIRONMENTAL REVIEW
The environmental review for this proposed project relied upon the City's General Plan Update
Master EIR (MEIR 93-01) for analysis of cumulative air quality and traffic impacts. Based
upon the initial study and field review conducted by staff, the Planning Director has determined
that no significant environmental impacts will result from the proposed project and has,
therefore, issued a Negative Declaration on April 20, 1999.
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.
cCDP 99-04 - DAY RESIDENCE
June 2, 1999
Page?
ATTACHMENTS:
1. Planning Commission Resolution No. 4565 (Negative Declaration)
2. Planning Commission Resolution No. 4566 (CDP)
3. Location Map
4. Disclosure Form
5. B ackground Data Sheet
6. Reduced Exhibits
7. Full Size Exhibits "A" - "E" dated June 2,1999
GF:eh:mh
DAY RESIDENCE
CDP 99-04
5itv 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 Wayne Davis
Title Architect
Corp/Part_
Title
AddressAddress 344 Seventh Ave.
San Diego, CA 92101
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 Ron & Mary Day
Title Owners
Address 10429 Rexford Court
Cypress, CA 90630
Corp/Part_
Title
Address
2O75 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (76O) 438-1161 • FAX (760) 438-0894
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
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 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
/- 7-r?
Signature of applicant/date
<-""Print ojApe name of owner Print or type name of applicant
's agem if applicable/date
Print or type name of owner/applicant's agent
H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2
o
BACKGROUND DATA SHEET
CASE NO: CDP 99-04
CASE NAME: Day Residence
APPLICANT: Wavne Davis
REQUEST AND LOCATION: Single family Residence on West side of Ocean Street, south of
Pacific Avenue in the Northwest quadrant of the City.
LEGAL DESCRIPTION: Lot 4. Granville Park. Map 1782
APN: 203-021-04 Acres: 10.120 SqFt. Proposed No. of Lots/Units: 1 unit
GENERAL PLAN AND ZONING
Land Use Designation: RMH-Residential Medium High
Density Allowed: 8-15 units per acre Density Proposed: one unit
Existing Zone: R-3 Proposed Zone: N/A
Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Zoning
Requirements)
Zoning Land Use
Site R-3 Residential
North R-3 Residential
South R-3 Residential
East R-3 Residential
West N/A Pacific Ocean
PUBLIC FACILITIES
School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): One
Public Facilities Fee Agreement, dated: January 1. 1999
ENVIRONMENTAL IMPACT ASSESSMENT
XI Negative Declaration, issued April 20. 1999
Certified Environmental Impact Report, dated.
Other,
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