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Home My WebLink About2018-06-06; Planning Commission; ; CDP 16-34 (DEV16039) – LAVIN RESIDENCE The City of CARLSBAD Planning Division A REPORT TO THE PLANNING COMMISSION Single Family Coastal Development Permit Item No. Application complete date: September 5, 2017 P.C. AGENDA OF: June 6, 2018 Project Planner: Chris Sexton Project Engineer: David Rick SUBJECT: CDP 16-34 (DEV16039) – LAVIN RESIDENCE – Request for approval of a Coastal Development Permit to allow for the demolition of an existing single-family residence and the construction of a new 3,414 square foot two-story single-family residence, a 1,362 square foot basement, a 768 square foot attached garage, and 635 square feet of decks within the Mello II Segment of the city’s Local Coastal Program located at 158 Chestnut Avenue within Local Facilities Management Zone 1. The project site is not within the appealable area of the California Coastal Commission. The city planner has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to Sections 15303(a), construction of a single-family residence, of the state CEQA Guidelines. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7297 APPROVING Coastal Development Permit CDP 16-34, based upon the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND Project Site/Setting: The 0.10-acre (4,375 square feet) project site is located at 158 Chestnut Avenue between Carlsbad Boulevard and Garfield Street as shown on the attached location map. The relatively flat lot is developed with an older one-story home and detached one-car garage. Existing frontage improvements include a paved road, curb, gutter and sidewalk. Table “A” below includes the General Plan Land Use designations, zoning and current land uses of the project site and surrounding properties. TABLE A Location General Plan Designation Zoning Current Land Use Site R-23 Residential R-3 Single-Family Home North R-23 Residential R-3 Single-Family Home South R-23 Residential R-3 Single-Family Home East R-23 Residential R-3 Single-Family Home West R-23 Residential R-3 Single-Family Home 1 CDP 16-34 (DEV16039)– LAVIN RESIDENCE June 6, 2018 Page 2 Proposed Residential Construction: The proposed project consists of the demolition of an existing single- family residence and detached garage, and the construction of a new 3,414 square foot two-story single- family residence. The proposed residence consists of a 1,758 square foot first story, 1656 square foot second story, 768 square foot attached two-car garage and a 1,362 square foot basement. The design also includes 635 square feet of decks. The proposed project offers a contemporary beach style aesthetic which is complementary to the surrounding neighborhood. The two-story massing of the project is broken down utilizing multiple roof lines and varying roof heights to create interest and offer a more human scale composition. The contemporary beach style residence features a light gray stucco and composite siding exterior with decorative stone veneer accents and a copper color standing seam metal roof. Proposed Grading: Estimated grading quantities are 150 cubic yards (cy) of fill and 140 cy of cut with 10 cy of export. A grading plan is required for the project. III. ANALYSIS The project is subject to the following regulations and requirements: A. R-23 Residential General Plan Land Use Designation; B. Multiple Family Residential Zone (R-3, CMC Chapter 21.16); C. Beach Area Overlay Zone (BAOZ, CMC Chapter 21.82); D. Coastal Development Regulations for the Mello II Segment of the Local Coastal Program (CMC Chapter 21.201) and Chapter 21.203 (Coastal Resource Protection Overlay Zone); E. Inclusionary Housing Ordinance (CMC Chapter 21.85); and F. Growth Management (CMC Chapter 21.90). The recommendation for approval of this project was developed by analyzing the project’s consistency with the applicable city regulations and policies. The project’s compliance with each of the above regulations is discussed in detail in the sections below. A. General Plan Land Use Designation The project site has a General Plan Land Use designation of R-23 Residential which allows for the development of one-family and multiple-family residences at a density of 15-23 dwelling units per acre (du/ac) with a Growth Management Control Point (GMCP) of 19 dwelling units per acre. The project’s density (10 du/ac) is below the range of the R-23 General Plan Land Use designation. However, one single- family dwelling is permitted to be constructed on a legal lot that existed as of October 28, 2004, pursuant to General Plan Residential Land Use Policy 2-P.7. The subject lot was legally created prior to October 28, 2004; therefore, development of a one-family dwelling is consistent with the R-23 General Plan Land Use designation. B. Multiple-Family Residential Zone (R-3) The project is required to comply with all applicable regulations and development standards of the Carlsbad Municipal Code (CMC) including the Multiple-Family Residential (R-3) zone (CMC Chapter 21.16). Table “B” below shows how the project complies with the applicable requirements of the R-3 zone. CDP 16-34 (DEV16039)– LAVIN RESIDENCE June 6, 2018 Page 3 TABLE B – R-3 ZONE DEVELOPMENT STANDARDS STANDARD REQUIRED PROPOSED COMPLY Front Yard Setback 20’ minimum 20’ Yes Side Yard Setback 5’ minimum 5’ Yes Rear Yard Setback 10’ minimum >10’ Yes Lot Coverage 60 percent maximum 48.6 percent Yes Parking Two-car garage (20’ x 20’) Two-car garage Yes C. Beach Area Overlay Zone (BAOZ, CMC Chapter 21.82) The project is required to comply with the development standards of the Beach Area Overlay Zone (BAOZ) (CMC Chapter 21.82). The proposed project meets all applicable requirements of the BAOZ as demonstrated in Table C below. Section 21.82.040 of the CMC requires that a site development plan be approved in order for any building permits or other entitlements to be issued for any use in the BAOZ. However, a site development plan is not required for the construction, reconstruction, alteration or enlargement of a single-family residential dwelling on a residentially zoned lot. TABLE C – BAOZ DEVELOPMENT STANDARDS STANDARD REQUIRED/ALLOWED PROPOSED Max Building Height 30’ for roof pitch >3:12 or 24’ for roof pitch <3:12 30’, 3:12 pitch Visitor Parking 0.30 space per unit (1 space rounded up) 1 guest parking space D. Conformance with the Coastal Development Regulations for the Mello II Segment of the Local Coastal Program (CMC Chapter 21.201) and the Coastal Resource Protection Overlay Zone (CMC Chapter 21.203). The project site is located within the Mello II Segment of the Local Coastal Program and is not within the appeals jurisdiction. The site is also located within and subject to the Coastal Resource Protection Overlay Zone. The project’s compliance with each of these programs and ordinances is discussed below: 1. Mello II Segment of the Certified Local Coastal Program and all applicable policies. The subject site has a Local Coastal Program (LCP) Land Use Plan designation of R-23 Residential, which allows for a density of 15 to 23 du/acre and 19 du/acre at the Growth Management Control Point (GMCP). At the R-23 GMCP, 1.9 (or 2 when rounded up) dwelling units would be permitted on this 0.10 acre (net developable) property. However, one single-family dwelling is permitted to be constructed on a legal lot that existed as of October 28, 2004, pursuant to General Plan Residential Land Use Policy 2-P.7. The subject lot was legally created prior to October 28, 2004, and is already developed with a residence. Therefore, the proposed new single-family residence is consistent with the R-23 LCP Land Use Plan designation. The project consists of the construction of a new 3,414 square foot single-family residence with a basement and an attached two-car garage in an area designated for one-family, two-family and multi- family residential development. The proposed two-story with basement residence is compatible with the surrounding development of one- to three-story residential structures. The two-story residence will not obstruct views of the coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone. Furthermore, no agricultural uses exist on the site, nor are there CDP 16-34 (DEV16039)– LAVIN RESIDENCE June 6, 2018 Page 4 any sensitive resources located on the previously developed site. The proposed single-family residence is not located in an area of known geologic instability or flood hazard. Given that the site does not have any frontage along the coastline, no public opportunities for coastal shoreline access or water-oriented recreational activities are available. 2. Coastal Resource Protection Overlay Zone The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (CMC Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the city’s Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program (JRMP) to avoid increased urban run-off, pollutants and soil erosion. The subject property does not include steep slopes (equal to or greater than 25 percent gradient) or native vegetation. G. Inclusionary Housing Ordinance (CMC Chapter 21.85) Pursuant to CMC Chapter 21.85.030 (D.3), a project may be exempt from the inclusionary housing requirement if the construction of a new residential structure replaces a residential structure that was demolished within two years prior to the application for a building permit for the new residential structure. The exemption is contingent upon the number of residential units not being increased from the number of residential units in the previously demolished residential structure. Since there will not be an increase in the number of units on the property, the project will be exempt from the inclusionary housing requirement if building permits are issued within two years of the demolition of the existing residential structure. H. Growth Management The proposed project is located within Local Facilities Management Zone 1 in the Northwest Quadrant of the city. There will be no impact to public facilities because the new single-family residence is replacing an existing single-family residence. IV. ENVIRONMENTAL REVIEW This project is exempt from CEQA per the exemptions listed below: (1) Section 15303(a) of CEQA exemptions (Class 3) exempts the construction of one single-family residence in a residential zone from environmental review. A Notice of Exemption will be filed by the city planner upon project approval. ATTACHMENTS: 1. Planning Commission Resolution No. 7297 2. Location Map 3. Disclosure Form 4. Reduced Exhibits 5. Exhibit(s) “A” – “J” dated June 6, 2018 PACIFIC OCEAN SITE MAP • N NOT TO SCALE Lavin Residence CDP 16-34 (DEV16039) ATTACHMENT 2 INTENTIONALLY LEFT BLANK ATTACHMENT 3 i[P.J.¢:: l_ City of Carlsbad DISCLOSURE STATEMENT P-1 (A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov 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. 2. P-1(A) 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, titles, 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 (NIA) 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 frooK-;:1tAJ D<"" .J11 ~ \\J4 Corp/Part _________ _ Title ~~r-_J Title -------------- Address G:A::Q 6 rA--Ntl ~e. ~i~G Address _________ _ OWNER (Not ~~be~) 1 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, titles, 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 (NIA) 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 &-(.1~ ~fN Corp/Part. _________ _ Title_~=--~~-------Title -------------- Address \~ ---~'--'"""-"---'-----Address ____________ _ Page 1 of 2 Revised 07 /10 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 $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes '21No 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 applicant/d1i ol~,~\ Print or type name of owner Print or type name of applicant J Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07/10 PROJECT / SITE SUMMARY INFORMATION STREET ADD1'!E55, l:>8 C!-,IE&TNLJT AVE., CARLi!eAD, CA APN NUMBER, 204-1:n-\0-00 ZONING D~GHATION, G,EMERAL PLAN LANO USE DESIC,NATION, ~ AfitEA • Pi.!OPO&ED (&a. FT.) &EWER DISTRICT, acl-lOOL DISTRICT, LOT 6 IN BLOCK 'e," OF PALISADE.5 IN T!-,IE CITY' OF CARLSBAD, COUNTY' OF SAN DIEGO, e.TATE OF CALIFORNIA, ACCORDING TO Tl-IE HAP Tl-<EREOF NO. M41 FILLED IN Tl-IE OFFICE OF Tl-IE COUNTY RECORDER Or' 5AN DIEGO COUNT'T', FEBRUAR'T' :>, 1923. ,.,.,. HUL11-FAHILT R~SID!:NTIAL WITI-I eEACI-I A'Fi:EA OVERLAY ZONE. aAOZ IR•3) RESIDENTIAL MIGi-i DENSIT'T' IR-23) NEW LIVING, 4,US NEW GARAGE, 'lb& ~6 .Sl-'.31S • 22.1~ 2,130/4,31S • 48,6~ CARL6BAD PROJECT i.llt1BER, CDP 16-3<1 ·--···--_, ____ . ·-----------·-··-·-- •-n-·•• ••-•·•~---.. , ... -.,-... --...... ::~:-..:..--:: ... :::-:::~::!' ... _, __ --=·-·--·-·; .. __ :.;:.:,'":"'---· ..... _ ...... ,. .:~.::-.:.::;..··:.:;."··:..····-··~·-· ... ,·· ---·-··-·- "'"-:..::::;:::;=:. . .:: .• ____ , ____ ,.. •.• _, __ .~ . ~---······ ~,z:~-,i~~i;.;~-~ ~5~~~~ ~<>~~~~ ~~L-. :.::: . "".--:.:::-:.·:-:::.:-:::.::::;:::-..:::::::::-··~:·:::-.::.::.'-:'.:,::;;::. ... _,., ,. ----·-... -·-.. ~·-~ ! 0 L - 51-lEET INDEX, PROPOSED WATER DEMANDS/ SEWER Ge!Ei.!ATION, :>SOGPD/ , EDU ~i§'ff~:]~r;;§~"E~!':§.~€::;~, 4~~,-.. ;::,· \ I"= 10' PAGI! IA PAGE2 PAGEl PAGE• PA6E!> PAG.E6 PAGE1 PAGE& PAGE'!I PA6EIO P"'6EII PAC.El' PAGe I) PAGE: l<I PA6El!o PAGEl6 PAGE 11 PAGE Ill PAGE I!! 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[ !l :, - - - - - - - - - - - - - , , , ~ s c , o , ; a ; , - - - - - - - - - - - . 1 - ,, [ !, \. ~ - - - - - - - - - - - - - - - , - - - - - - - 1 ~ij t_ _ 3: J N 3 0 1 9 3 c ' ! l NI A \ 7 ' 7 r: - - -- - - - - , - - l! ! f+ J ~ f c L ~ ~ + c , . - " ' c - - p - - c ~ " " " ~ ~ - l , , - - , . . , , J n . c c c c c · · · · , ' ' ' : ~ :n \U ' ·~ : ~ ~9 ~ L _ ~ l ~ ~ ~ ~ ~ ~ : . -- / 2 - ~ · - · "- ~ - ~~ @~ : f~ ~, __ _ _ _ _ _ _ ..,, 0 ; 2 . ' - 0 , e ' __ _ _ _ _ _ _ 7 :; ' 3: : : J N 3 C J 1 9 3 ~ NI A " v ' l -- - - - - ' , > -- - - - · Planning Commission June 6, 2018 Lavin Residence CDP 16‐34 Location Map Existing Residence Front Elevation East and West Elevations Rear Elevation Project Consistency •General Plan – R‐23 Residential; •Zoning – Multi Family Residential (R‐3); •Beach Area Overlay Zone; •Coastal Development Regulations; •Inclusionary Housing Ordinance; •Growth Management; and •California Environmental Quality Act (CEQA). Recommendation That the Planning Commission ADOPT Planning Commission Resolution No. 7297 APPROVING Coastal Development Permit CDP 16‐34, based upon the findings and subject to the conditions contained therein.