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HomeMy WebLinkAboutPRE 2024-0020; CHEETHAM RESIDENCE; Admin Decision Letter□FILE May 14, 2024 Tim Martin Martin Architecture Suite 100 2333 State Street Carlsbad, CA 92008 SUBJECT: PRE 2024-0020 (DEV2024-0040) -CHEETHAM RESIDENCE APN: 203-140-04-00 {"cityof Carlsbad Thank you for submitting a preliminary review for a residential project proposed at 2617 Ocean Street, assessor's parcel number (APN} 203-140-04-00. The project site, an approximately 0.08-acre (3,500- square-foot} lot, currently is developed with a 2,792-square-foot single-family residence and a 260- square-foot attached garage. Vehicular access is provided off Ocean Street. The project proposes to: • Remodel an existing 2,792-square-foot three-story single-family residence. • Expand the existing garage by enclosing an existing covered porch off the front of the residence on the main level. • Add additional habitable space by enclosing an existing covered deck on the upper level. • Add an 18-square-foot addition to the front elevation of the residence on the upper level. • The existing 134-square-foot lower level deck to be rebuilt with a 209-square-foot expansion. • A 125-square-foot main level deck addition. • A 52-square-foot upper level deck addition. • Demolition of existing fireplace and chimney. In response to your application, the Planning Division has prepared this comment letter. Please note that the purpose of a preliminary review is to provide you with direction and comments on the overall concept of your project. This preliminary review does not represent an in-depth analysis of your project. It is intended to give you feedback on critical issues based upon the information provided in your submittal. This review is based upon the plans. policies. and standards in effect as of the date of this review. Please be aware that at the time of a formal application submittal. new plans, policies, and standards may be in effect and additional issues of concern may be raised through a more specific and detailed review. Planning: General 1. General Plan and zoning designations for the property are as follows: Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 PRE 2024-0020 (DEV2024-0040) -CHEETHAM RESIDENCE May 14, 2024 ,. ~ ,"-'"-·~~ ,; ., Page 2 a. General Plan Land Use Designation: R-23, Residential (15-23 dwelling units per acre} b. Zoning: Multiple-Family Residential (R-3} Zone. c. The property is in the Mello II Segment of the Coastal Zone. The Coastal land use designation and zone are the same as the general plan and zoning above. 2. The project requires the following permits: a. Major Coastal Development Permit (CDP}. This property is located in the Coastal Shoreline Development Overlay Zone and subject to the requirements of Carlsbad Municipal Code (CMC} Chapter 21.204. CMC Section 21.204.020 states, "the Coastal Shoreline Development Overlay Zone shall be applied to areas within the Mello II Segment of the Carlsbad local coastal program located between the sea and the first public road parallel to the sea." CMC Section 21.204.050 states "uses permitted by the underlying zone map may be permitted on non- beach areas subject to granting of a coastal development permit for coastal shoreline development." A Major CDP is required if the development costs sixty thousand dollars or more. If less than sixty thousand dollars, a Minor CDP will be required. b. Minor Variance (V}. A Minor Variance is required for the expansion of the garage in the front yard setback. 3. Coastal Zone. This property is subject to all applicable Mello II Segment policies in the Local Coastal Program (LCP}. The property is also in the Permit Appeal Jurisdiction. The Coastal Commission or another party may appeal the City's decision on the project if they disagree with the City's interpretation of standards applied to the project. 4. Coastal Stringline. Pursuant to the Coastal Shoreline Development Overlay Zone, no enclosed portions of a structure shall be permitted further seaward than those allowed by a line drawn between the adjacent structures to the north and south; and no decks or other appurtenances shall be permitted further seaward than those allowed by a line drawn between those on the adjacent structures to the north and south. With any formal submittal of this proposal, a more detailed plotting of the applicable structures and appurtenances on the adjacent properties to the north and south will be necessary for determining accurate stringline measurements for the project. The stringline setback provided in the exhibits does not appear to be drawn correctly. The stringline is to be taken from adjacent structures on a floor by floor level. If the adjacent structure has no deck, the stringline cannot be drawn to the nearest structure that has a deck. It shall be drawn to the most adjacent edge of the structure immediately adjacent to the north or south. Please provide the adjacent structures and the stringline setback for each floor level with a formal submittal. Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 PRE 2024-0020 (DEV2024-0040) -CHEETHAM RESIDENCE May 14, 2024 Page 3 5. Lower Level. The adjacent structures to the north and south do not have decks on the lower/basement level. Both of those structures have patios. Therefore, the stringline setback should be drawn to the most adjacent seaward edge of the structures immediately to the north and south. In addition to the stringline setback requirements, the proposed expansion of the lower level deck shall observe the 5-foot side yard setbacks as required by CMC Section 21.16.050. Please show the adjacent structures where the stringline is taken from on the lower level plan. 6. Main Level. The main level of the structure to the north has a deck. The structure to the south does not have a deck on the main level. Therefore, the stringline for the main level deck will run from the most adjacent seaward edge of the northern structure's main level deck to the most adjacent seaward edge of the structure immediately to the south. The proposed stringline is not drawn from the nearest existing deck two or three houses to the south. The required stringline shall be drawn to the nearest existing structure in accordance with the LCP. In addition to the stringline setback requirements, the proposed main level deck shall observe the 5- foot side yard setbacks as required by CMC Section 21.16.050. Please show the adjacent structures where the stringline is taken from on the main level plan. 7. Upper Level. The structure to the south does not have an upper level to draw stringline from. Therefore, enclosing the existing upper level deck to make the space habitable or adding a new balcony would not comply with stringline requirements. Please dimension the front yard setback for the bay addition. Please clarify if the bay addition is for windows or if this addition would add habitable space to the floor. A habitable addition into the 5- foot front yard setback is not a permitted intrusion into a required yard. Any proposed intrusions into setbacks will need to be listed in CMC Section 21.46.120 as an allowed intrusion. 8. Garage Expansion. Pursuant to Assembly Bill (AB) 2097, a city cannot impose or enforce any minimum automobile parking requirements on a residential development project within a half-mile radius of a major transit stop. The property is located within a half-mile radius of Carlsbad Village Station, which is a major transit stop. Therefore, the expansion oft he one-car garage, which results in the elimination of the uncovered parking space to the south, is permissible provided a minor variance is approved as discussed in bullet 9 below. 9. Administrative Variance (AV) 93-05. Under AV 93-05, Condition #1 states, "Approval is granted for AV 93-05, as shown on Exhibits "A" -"C", dated March 23, 1994, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions." The variance does not permit additional development to observe the reduced setbacks outside the approved exhibits. Therefore, a new minor variance will be required for the garage expansion to observe a five-foot front yard setback. 10. Stairs and Gate. The staircase and gate are considered an "appurtenance" also subject to stringline requirements. With a formal application submittal please provide a stringline drawing to compare Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 PRE 2024-0020 (DEV2024-0040) -CHEETHAM RESIDENCE May 14, 2024 Page4 adjacent stairs and gates. Please note that the AV 93-05 exhibit depicts the stairs and gate in a different location, which needs to be rectified. 11. Beach Area Overlay Zone (BAOZ). This property is located in the BAOZ and is subject to applicable requirements of the BAOZ contained in CMC Chapter 21.82. 12. Lot Coverage. Please include any proposed decks in the lot coverage calculation and provide the correct lot coverage information. Please note that the allowable lot coverage in the R-3 Zone is no more than sixty percent. 13. Under Project Data on sheet CSl of the plans, please address the following: a. The General Plan Land Use Designation and Zoning need to be corrected. The General Plan Use Designation is "R-23, Residential" and the zoning is "Multiple-Family Residential (R-3)". b. The Setbacks section references two government code sections, §6582.21(b)(2)(B) and §6582.21(B)(2)(B). No setback information was found under those government code sections. Please rectify. The Setbacks section also references CMC Section 21.1.060, which is not a valid code section. Please rectify. c. The Existing Use and Proposed Use are identified as "Single-Family Dwelling-Multi Unit." It is unclear if this makes reference to the residential building containing more than one dwelling unit. 14. New requirements related to the city's goals to reduce greenhouse gas (GHG) emissions will likely impact development requirements of this project. A formal application submittal will need to include a completed Climate Action Plan Checklist (Form P-30) to determine what requirements will apply to the project. New GHG reduction requirements are related to energy efficiency, photovoltaic, electric vehicle charging, water heating and traffic demand management requirements, as set forth in the California Green Building Standards Code and in CMC Chapters 18.21, 18.30 and 18.51 which is available on the city's website at the following address: http://www.qcode.us/codes/carlsbad/view.php?topic=18&frames=on To the extent that new GHG reduction requirements are in effect at the time of application for grading or building permits, the project will be required to comply with the effective requirements even if different than what is proposed in the project's planning approvals. GHG reduction requirements may impact, but are not limited to, site design and local building code requirements. If incorporating new GHG reduction requirements results in substantial modifications to the project after planning approvals are obtained, then prior to issuance of grading or building permits, the applicant may be required to submit and receive approval of a Consistency Determination or an Amendment application for the project through the Planning Division. All necessary application forms, submittal requirements, and fee information are available at the Planning counter located in the Faraday Building at 1635 Faraday Avenue or online at https:ljwww.carlsbadca.gov/departments/community-development/planning. You may also access the Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 PRE 2024-0020 (DEV2024-0040) -CHEETHAM RESIDENCE May 14, 2024 Page 5 General Plan Land Use Element and the Zoning Ordinance online at the website address shown. Please review all information carefully before submitting. Land Development Engineering: 1. Please complete a Stormwater Standards Questionnaire Form E-34. This questionnaire will guide you and the city in determining what type of reports and storm water mitigation must be completed to satisfy state and City storm water quality requirements. The questionnaire is located on the City of Carlsbad website. 2. Based on a preliminary analysis it appears that this project will be a Standard Project. Please, complete the Standard Project Requirement Checklist, Form E-36, and show all source and site design BMPs on the conceptual grading and drainage plans. 3. Please provide a Preliminary Title Report (current within the last six (6) months). 4. Please annotate and delineate all existing easements and encumbrances listed in the Preliminary Title Report on the site plan, including the 5-foot dedication for public street and utility purposes recorded 6/21/1995 per document 1995-0259124. 5. Please clearly show and label the 100-year flood line for existing conditions. 6. Please delineate all retaining walls that will be utilized on the project site and show top of wall and bottom of wall elevations, including at the highest and lowest points. Indicate maximum height of retaining wall measured from bottom of footing to top of wall and maximum height measured from finish surface to top of wall. 7. Provide multiple cross sections to show the existing and proposed ground, the existing wall, deck and adjacent structures and the proposed wall/posts, the footing and remedial excavation. 8. Delineate location of all existing and proposed buildings, walls, fences and permanent structures onsite and within 25 feet of the site. 9. Provide typical street cross sections for Ocean Street. 10. Address the comments on the attached red lined plan. 11. Please be advised that a more in-depth review of the proposed development will occur with the discretionary permit application when a more complete design of the project is provided. Building Division: 1. No comments. Fire Department: Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 PRE 2024-0020 (DEV2024-0040) -CHEETHAM RESIDENCE May 14, 2024 Page 6 1. No Fire comments or concerns. If you would like to schedule a meeting to discuss this letter with the commenting departments, please contact Edward Valenzuela at the number below. You may also contact each department individually as follows: • Planning Division: Edward Valenzuela, Associate Planner, at (442) 339-2624 • Land Development Engineering: Nichole Fine, Project Engineer, at (442) 339-2744 • Fire Department: Randy Metz, Fire Inspections, at (442) 339-2661 • Building Division: Shawn Huff, Building Official, at (442) 339-5338 Sincerely, ERIC LARDY, AICP City Planner EL:EV:cf c: Janet Cheetham, 30521 Via Lindosa, Laguna Niguel, CA 92677 Laserfiche/File Copy Data Entry Attachments: 1. Coastal Commission Stringline Interpretation Correspondence Enclosures: Land Development Engineering Division: 1. Redlined Plans Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 PRE 2024-0020 (DEV2024-0040) -CHEETHAM RESIDENCE May 14, 2024 Page 7 Jason Goff 'ffl: .aent: To: Don Neu Thursday, August 20, 2015 1:40 PM Plannlng Dept Subject: Stringline Setback Determination from Coastal Commission Staff Attached for your information is a recent email Greg received from Coastal Commission staff. Toni Ross describes how Coastal Commission staff applies the stringline setback requirements. Don From; Ross, Toni@ICOastal fmailto:Toni.Ross@coastal.ca.gov] Sent: Tuesday, August 18, 2015 2:07 PM To: Greg Fisher; Lilly, Diana@Coastal Cc: 'Kevln@hallockarchitects.com' Subject: RE: ANA Deck Greg/Kevin. Thank you for your patience in waiting for this latest response. I wantto be clear that staff previously gave you preliminary feedback on this project raising concerns that the required LCP stringline for the subject deck should be ~rawn from the adjacent structures,, not the acfjaamt lot. After discussing this with you, staff agreed that we would , ther review the C"tty's interpretation of the LCP, as well as review similar projects that have been approved elsewhere in Southern California and provide you with additional comments. Having done that, Commission staff has concluded that the interpretation of the LCP that is most protective of coastal resources requires that in the absence of a deck on one side, the stringline should be measured from the most adjacent edge of the deck to the north, to the most adjacent edge of the building to the south. To recap, the proposed development includes the expansion of an existing deck on the westem side of an existing residence within the Army Navy Academy located in the City of Carlsbad. The City's LCP contains a provision addressing deck/stringline setbacks, and this policy maintains that the line of development cannot extend beyond the edge of development on the two adjacent structures, Specifically, the Policy states: New development fronting the ocean shall observe at a minimum, on ocean setback based on Nstrlngllne" method of measurement No enclosed portions of a structure shall be permitted further seaward than a/lowed by a line drawn between the adjacent structure to the north and south, no decks or other appurtenances shall be permitted further seaward than those allowed by a line drawn between those on the adjacent stn,(:fflre to the north and south. A greater ocean setback may be required for geological reasons and if sped/led in the Local Coastal Program. {emphasis added] In this case, the structure to the south is the Army Navy Rec Center. Although this structure does not include a deck, the LCP nonetheless requires the stringline be drawn to the adjacent structure. Thus, the stringline should be measured from the most adjacent edge of the deck to the north, to the most adjacent edge of the buildinfl (Rec Center) to the south. It is staffs understanding that City staff have indicated that the stringline should be drawn from the most ·--ominent portion of the deck to the north, to the most prominent portion of the nearest existing deck located three ructures to the south of thesubject site. Commission staff respectfully disagree with the City. By 1) allowing the stringline to be drawn from the most prominent and not the most adjacent corner of any structure; and, 2) drawing the stringline across multiple structures in the absence of decking on the most adjacent structure, a negative precedent 1 Community Development Department Planning Division I 1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-2600 PRE 2024-0020 (DEV2024-0040) -CHEETHAM RESIDENCE May 14, 2024 Page 8 would be established that would allow development of both decking and endosed structures at this site and other ocean fronting lots throughout the Oty to encroach slgniflcantly further seaward than the existing line of development. This encroachment could result In multiple Impacts to coastal resources (protection of existing coastal views, adequate public access, etc.), that would be inconsistent with the Oty's certified local Ccastal Program. As sucj' Commisston staff cannot support a stringline as drawn on plans submitted by Hallock Architects, dated S/2 4/201S. Other information which may be received during the City's review period will be reviewed by staff during the coastal development permit process. If the project is appealed to the Commission, a final determination as to the project's consistency with the Coastal Act will be made by the Coastal Commission itself. Please feel free to contact me if you have any furthe r"questlons or concerns. Thank you, Toni Ross From: Kevin Hallock [maHto: Kevio@haHockarchlteds.cpmJ Sent: Tuesday, August 11, 2015 2:31 PM To: Ll1Iy, Diana@Coast.al Cc: Ross, Tonl@Coast.al SUbject: ANA Cd Good afternoon Diana, First let me say I appreciate the effort that the CCC has put into our deck project at the AN Academy. Uniquf project, Staffing changes. I get that. I understand that Toni, our planner i.s out sick today and was unable to ' attend the staff meeting this morning. That was unfortunate, but again i understand. I feel the need to communicate the urgency of our situation and the Academy's desire to complete this project. It is one of the few locations on the campus that is used for outdoor entertaining and is used regularly to hold fundraislng events. As you can Imagine, these formal gatherings are the back bone of the fund raising efforts for the academy and account for substantial gifting towards general operations and funding new projects. Summertime Is when the deck is used the most. I Just want to make you aware and ask again for your collaborative corporation in trying to come to a consensus so we may move forward. As I told Toni, I have a meeting with the Academy this Thursday and I was hoping to update them with some news on your findings. once this is done, we still have several weeks left to finalize the approval. This project se-ems to be tridcy with regard to the stringline as Toni has informed me but if there is any chance it could be reviewed before weeks end I and the Academy would be very appreciative. Sincerely, Kevin Halock RA I ke:¥in@haUockar;t,hltects,com I Mobile: 916.412.4132 Hallock/architects l236S Calle Albara, 12 I El Cajon CA, 92019 I www.hallodcarchltetts,com PRMLEGED ANO CONFIDENTIAL: This eh!clronlc communication, irdudlng atlad'l-,ls. Is lor 1hs exciuslvtt UN of addr11sse& and may oontu, proprlewy, conlldemlal and'or prhohglld lnlormatlon. If you are net the lnt8nded raclpient. any use, ccpj/lng, dlsctos4.ire, dlss&mina1ion or distribution is slrk:ily prohibited. If you are 11011 the inl@nded IKipienl. pleme r10llfy sender lmmeiiately by phone-, destroy 1hl11 canmunk:a&ln and BIi copie5. 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