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HomeMy WebLinkAbout2004-09-01; Planning Commission; ; MCGUIRE RESIDENCETne City of Garlsbad Planning Department A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: September 1, 2004 Application complete date: June 4, 2004 Project Planner: Anne Hysong Project Engineer: John Maashoff SUBJECT: CDP 04-07 - MCGUIRE RESIDENCE - Request for approval of a Coastal Development Permit to allow the demolition of an existing single-family residence and construction of a new single-family residence located at 5035 Tierra del Oro Street, within Local Facilities Management Zone 3. L RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5708 APPROVING CDP 04-07 based upon the findings and subject to the conditions contained therein. II. INTRODUCTION The applicant is proposing to demolish an existing single-family residence and construct a new single-family residence on a .41 acre single-family lot located on the west side of Tierra del Oro Street. The site is located within the appeal area of the Mello n Segment of the Coastal Zone, and any final decision of the City of Carlsbad is appealable to or by the Califomia Coastal Commission. The applicant has requested an administrative variance for a reduced front yard setback. The Planning Director has administratively approved the variance request contingent upon Planning Commission approval of the Coastal Development Permit (CDP). The CDP application was reviewed for consistency with the Local Coastal Program (LCP) and applicable development standards, and the proposed residence is consistent with the Mello n segment of the City's LCP and all applicable zoning standards. IIL PRO.TECT DESCRIPTION AND BACKGROUND The applicant is requesting approval of a CDP to allow the demolition of an existing one-story, 1,700 square foot single-family residence and construction of a new 4,030 square foot two-story single-family residence with attached three-car garage and swimming pool on an existing .41- acre single-family lot located between Tierra del Oro Street and the Pacific Ocean. The existing residence along with terraced rear yard patios and deck occupy the eastem 40% of the lot. The structure and upper patio area are at an elevation of 36', while the terraced patio and deck drop to approximately 30'. The upper patio, lower deck and patio are separated by existing retaining walls. The remainder of the site consists of terraced coastal bluffs that are covered with landscaping and slope down to a riprap-lined beach. An existing private stairway access to the beach and 6' fence, which occupy the bluff area, are not a part of the proposed project and will remain in their current location. UUF U4-U / - MUUUlKti KilSlDENCE September 1, 2004 Page 2 The site is zoned R-l and has a General Plan designation of Residential Low-Medium Density/Open Space (RLM/OS). Surrounding properties to the north, south, and east also have the same zoning and General Plan designations and are developed with single-family residences. A grading permit is required to enable the proposed grading design, which utilizes existing grade except that the first floor family room is sunken 5' below finish grade within the southwestem comer of the structure. The upper first floor provides access to an at-grade patio area that is supported by a retaining wall separating the upper and lower patios, similar to the existing condition. A stairway is proposed from the upper patio to the lower patio. The lower patio is* proposed at the same finish floor elevation as the family room, and the family room provides access to the lower patio and pool. An "infinity edge" pool located within the lower patio wraps around to the side yard where it becomes a lap pool. The current top of bluff is at 29', the- existing patio is at 30', and the project raises the pad elevation of the patio to approximately 32'. A 3' high retaining wall is proposed between the top of the bluff and the pool. An existing retaining wall within the side yard is proposed to be replaced by a 2.5' to 5' retaining wall at the top of bluff at the southwestem comer of the patio to raise it to the proposed lower patio elevation. A second story balcony deck is proposed along the entire westem building elevation, and a roof deck is proposed above the garage along the front building elevation. The residence is oriented on the lot so that all required setbacks are provided except the front yard setback. The proposed front yard setback of 13' is below the 20' required in the R-l zone. The n.ecessary findings for a reduced front yard setback have been made by the Planning Director through the approval of Administrative Variance 04-02. (The approval of AV 04-02 is contingent upon Planning Commission approval of the Coastal Development Permit.) The proposed residence, which is similar in architectural design to surrounding homes, includes a flat roof along a portion of the northem elevation with a pitched roof covering the remainder of the structure. Exterior building materials include stucco with wood and tile trim elements, flat tile roof, and multiple building planes and windows. IV. ANALYSIS The project is subject to the following regulations and requirements: A. General Plan; B. Local Coastal Program, Mello n Segment; C. Coastal Development Regulations for the Coastal Resource Protection Overlay Zone and the Coastal Shoreline Development Overiay Zone (Chapters 21.201, 21. 203, and 21.204 ofthe CMC); D. R-l (Single-Family Residential) Zone regulations (Chapters 21.10 of the CMC); and E. City Council Policy No. 44 - Neighborhood Architectural Design Guidelines. 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. IDENCE ^ September 1, 2004 Page 3 A. General Plan The proposed project is consistent with the policies and programs of the General Plan. The property has a General Plan designation of RLM/OS. The RLM designation allows the development of single-family residences at a density of 3.2 units per acre. The OS General Plan designation applies to the bluff portion of the site, and no development is proposed within this area. The proposed single-family residence is consistent with the land use type and density regulations for the property. B/C. Mello II LCP/Coastal Resource Protection and Coastal Shoreline Development Overlay Zones The project site is located within the appeal area of the Coastal Zone and within the Mello n segment of the Local Coastal Program. The site is also located within and subject to the Coastal Resource Protection Overlay Zone (Chapter 21.203) and the Coastal Shoreline Development Overlay Zone (Chapter 21.204) of the Carlsbad Municipal Code. The single-family project is consistent with the RLM and OS land use designations specified by the LCP Land Use Map and One Family Residential (R-l) zone specified by the LCP Zoning Map. As shown below, the project complies with the standards set forth by the Coastal Resource Protection Overlay Zone and Coastal Shoreline Development Overlay Zone to implement the Mello n LCP: Coastal Resource Protection Overlay Zone a. The subject site is located in the Coastal Resource Protection Overlay Zone, which requires that for steep slope areas not containing endangered plant/animal species and/or coastal sage scrub or chaparral plant communities, development of slopes 25% or greater may be permitted subject to specific findings. No development is proposed in areas of steep slopes. b. Drainage, Erosion, Sedimentation 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. c. Landslides and Slope Instability The soils and geologic analysis report performed for the proposed project indicates that there is no evidence of landslide activity on this site. d. Seismic Hazards The soils and geological analysis report performed for the proposed project indicates that the risk of liquefaction is remote due to the density of the natural- ground material. The risk of ground rupture was found to be remote, and in the CDP 04-07 - MCGUIRE RESIDENCE September 1,2004 Page 4 event that severe earth shaking does occur, compliance with the Uniform Building Code (UBC) requirements for construction should help reduce structural damage to a degree considered acceptable by the UBC. e. Floodplain Development No development on the property is proposed within the one hundred year floodplain. Coastal Shoreline Development Overlay Zone The proposed development complies with all applicable requirements of the Coastal Shoreline Development Overlay Zone as described in the table below: TABLE 1 STANDARD PROVIDED Grading and Excavation/Stringlines Direct surface water away from top of bluff; no excavation on the face of the bluff; use stringline between adjacent structures and appurtenances to determine ocean setbacks. The project is designed to direct surface water to the street and away from the bluff-top; no excavation beyond the top of the existing bluff will occur, and the project does not project further seaward than existing structures, roof overhangs, balcony decks, yards, patios, and retaining walls to the north and south as delineated by a stringline measurement using like structures and appurtenances on adjacent properties. Lateral Access 25' dry sandy beach 96' between extent of development at bluff-top and mean high tide line. Public Access Applies to lots where beach is not accessible. Public beach access is via an existing stairway located approximately 1,500 feet south of the subject site and to the north of the site at the jetty just south ofthe Encina Power Plant warm water outlet. Additionally, private beach access for Terra Mar residents is available on Shore Drive. Since public access is available and the beach is present, the requirement does not apply to the project. Geoteclinical Report Analyze cliff erosion and geologic conditions. A geotechnical analysis was prepared for the project. It is the opinion of the geotechnical engineer that the project will have no adverse effect on the stability of the bluff and will not endanger life or property. In addition, it was concluded that the project will not contribute to significant geologic instability throughout the life span ofthe project. CDP 04-07 - MCGUIRE RESIDENCE September 1, 2004 Page 5 TABLE 1 CONTINUED STANDARD PROVIDED Ocean Views Building designed to preserve to the extent feasible ocean views. The project design is consistent with the other adjacent buildings, and the structure complies with applicable side yard requirements, which will, to the extent feasible, preserve existing ocean views fi-om the street. Natural Features To the extent feasible, retain natural features and topography. No new development is proposed on the bluff face and existing topography seaward of the bluff-top will be retained. Grading Grading executed so as to blend with existing terrain. The proposed grading design will utilize the existing terraced building pad except that the lower patio will be raised 2' and the upper building pad will be cut approximately 5' lower within the southwestem comer ofthe structure. Additional excavation will be necessary to construct a pool within the lower patio. The pool will be supported by a retaining wall adjacent to the top of the bluff and along the side property line. The retaining wall will not alter or jeopardize the stability ofthe bluff The existing building pad utilized for the proposed project is supported by retaining walls that separate the upper and lower patios; therefore, the proposed grading design proposes retaining walls to maintain the terraced design. D. R-l Zone Regulations As shown on the table below, the proposed development is in compliance with all R-l zoning standards: STANDARD REQUIRED/ALLOWED PROPOSED Front Yard Setback 20' 13'* Side Setback 6.6' 6.6' Rear Yard Setback Must comply with stringline setback All new construction complies with stringline setbacks.** Building Height Pitched Roof Maximum - 30' Flat Roof Maximum - 24' Maximum of 30' Maximum of 24' Lot Coverage 40% 22% * The 13' fi-ont yard setback is approved by AV 04-02 contingent upon approval of CDP 04-07. **A11 new construction for this project complies with the stringline structural ocean setback standard, which specifies that no structure is permitted further seaward than similar structures on adjacent properties. The stringline standard was used for above grade balcony decks, at grade Q CDP 04-07 - MCGUIRE RESIDENCE September 1, 2004 Page 6 patios, roof overhangs, and retaining walls. The proposed project complies with the stringline requirement in that similar structures do not project beyond the stringlines. E. Council Policy No. 44 - Neighborhood Architectural Design Guidelines New single-family home are required to comply with the City's Neighborhood Architectural Design Guidelines (Numbers 3, 4, 5, 7, 13 and 14). These guidelines require single-story building edges, separate building planes on front and rear elevations, recessed or projected doors and windows, and specific architectural design elements. The propbsed single-family residence satisfies all of the applicable Neighborhood Architectural Design Guidelines as shovm in the table below. Only the items noted in the table are required for single-family construction. Neighborhooc Architectural Design Guidelines I. Guideline J. Proposed K. Compli es 3. A single story building edge with a depth of not less than 8' shall run the length of one side of the building. Single story edge across the westem building elevation. Yes 4/5. Four separate building planes on front/rear building elevations. Four separate building planes on front and rear elevations Yes 7. Homes shall have recessed or projected windows All windows are surrounded by elements, which project a minimum of two inches. Yes 13. Four design elements incorporated into front of home Glass, copper, stone tile, and wood elements. Yes 14. Homes must include design elements on those elevations adjacent to Circulation Element roadways. Not applicable. N/A V. ENVIRONMENTAL REVIEW This project is exempt fi-om CEQA per the Section 15303(a) of CEQA exemptions (Class 3) exempts the construction of single- family residences in urbanized areas from environmental review. A Notice of Exemption will be filed by the Planning Director upon project approval. ATTACHMENTS: 1. Planning Commission Resolution No. 5708 (CDP 04-07) 2. Administrative Variance 04-02 dated August 23, 2004 3. Location Map 4. Disclosure Form 5. Background Data Sheet 6. Reduced Exhibits 7. Exhibits "A" - "H" dated September 1,2004 o o Citv of Carlsbad Planning Department August 23, 2004 Susan and Leo McGuire 5035 Tierra del Oro Carlsbad, CA 92008 SUBJECT: AV 04-02 - MCGUIRE RESIDENCE The Planning Director has completed a review of your application for an Administrative Variance, AV 04-02, at 5035 Tierra del Oro Street. The variance consists of a request to reduce the front yard setback from 20 feet to 13 feet. After careful consideration of the circumstances surrounding this request the Planning Director has determined that the four findings required for granting an Administrative Variance can be made and therefore approves this request based on the following findings and conditions. Findings: 1. There ARE exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and zone because the developable portion of the site is constrained between the street and coastal bluff. Due to stringline setback requirements for structures and rear yard amenities, less than 41% of the site is developable. Application of both the 20-foot front yard setback and structural stringline setback reduces the depth of the proposed structure to 52 feet along the northern property line. Therefore, setbacks applicable to the subject lot result in a significantly smaller buildable area than that of comparable sized lots. Additionally, other residences have been developed with 10-foot or less front setbacks or have received approval of variances for 10-foot front setbacks. 2. The requested variance IS necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question because other homes in the neighborhood were originally built with 10 foot front yard setbacks and variances for front setback reductions have been granted to other properties in the same zone and vicinity. The proposed reduction to 13 feet is still a wider setback than the 10' and 5' setbacks provided on the adjacent iots to the north and south. 3. The granting of this variance WOULD NOT be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the property is located because the neighborhood was originally developed with reduced front yard setbacks. Any existing impacts to the neighborhood due to the reduction in adequate vehicle sight distance or street circulation would have been noted by the neighboring residents. 4. The granting of this variance WILL NOT adversely affect the comprehensive General Plan because the proposed use is a single family home, consistent with the Residential Low-Medium (RLM) density designation. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us SITE MCGUIRE RESIDENCE CDP 04-07 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 subminai. ^'our project cannot be reviewed until this information is compleled. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fratemal 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 S^O So^^l ^(7\j r y<S_ Corp/Part Titie O [Ai n ^ y- Title Address .COJ^^ 'T'r^^y^cx j 0^^Address 2. 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% ofthe 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 c S^^^p.t^ /V ^^L)/Ve Corp/Part Title O cv/n Title Address CO 3^ Tn-rra / 0*^-~J Address 1635 Faraday Avenue • Carlsbaci. CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 ^ 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, iist the names and addresses of ANY person serving as an officer or director of the non-profu organization or as trustee or beneficiary of the. Non ProfitTrust Non ProfityTrust Tide Title Address Address Have you had more than S250 worth of business transacted with any member of Cit>' staff. Boards, Commissions, Committees and/or Council within the past twelve (12) months? I I 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 ' 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 owTier/applicant's agent 3 BACKGROUND DATA SHEET CASE NO: CDP 04-07 CASE NAME: McGuire Residence APPLICANT: Susan and Leo McGuire REQUEST AND LOCATION: Request for approval of a Coastal Development Permit and Administrative Variance to allow a single-familv residence on a 0.41 acre lot located at 5035 Tierra del Oro Street. LEGAL DESCRIPTION: Lot 9 of Tierra del Oro. in the Citv of Carlsbad. Countv of San Diego, State of Califomia. according to Map thereof No 3052, filed in the Office of the Countv Recorder of San Diego Countv. Februarv 4. 1954. APN: 210-020-09 Acres: 0.41 acres. Proposed No. of Lots/Units: I lot/1 unit GENERAL PLAN AND ZONING Land Use Designation: RLM/OS - Residential Low-Medium/Open Space Density Allowed: 3.2 du/acre Density Proposed: N/A Existing Zone: RA Proposed Zone: N/A Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site R-l RLM/OS SFR North R-l RLM SFR South R-l RLM SFR East R-l RLM SFR West Pacific Ocean PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 1 EDU ENVIRONMENTAL IMPACT ASSESSMENT I I Mitigated Negative Declaration, issued I I Certified Environmental Impact Report, dated_ Other, Categorically Exempt, Section 15303(a) o () FIREPLACE CHlUNBT BEYOND -FLAT HLE ROORNC J |-»IK1X)#, TYP. -SIUCCO ^WOOO TREIUS -COPPER FASCIVGUITER L^OOO/UETAL GATE EAST ELEVATION 1/8- = r - 0- The McGuire Residence CDP 04-07/AV 04-02 — CLASS WDSCREEN DECK SUOING GLASS DOORS WEST ELEVATION 1/8" . r - 0' The McGuire Residence CDP 04-07/AV 04-02 -FIAT TILE ROOflHG L COPPER FASdA/GUTTER NORTH ELEVATION 1/B" = T - 0" The McGuire Residence CDP 04-07/AV 04-02 -FIAT TILE ROOnNG STUCCO ACCElfT COLOR I—COPPER FASCIA/GUTTER SOUTH ELEVATION 1/8" = 1' - 0" The McGuire Residence CDP 04-07/AV 04-02 rCLASS WHO SCREEN BEYOND L«OOD TREHK LlNRKHY EDGE SWMMING POOL dence bad SITE SECTION -EAST/WEST AND STREET SECTION 1/16- = 1-0- The McGuire Residence CDP 04-07/AV 04-02 \ I ^EXISTING AND PROPOSED GRADE 4ADJACENr GRADE - VARIES ^ ^EXISUNG RETAINING *Ali. I HEXISTNG HOUSE I I is . I I I \ EXBUNG C. -^PROPROSED GRADE i PROPOSED SWiUHiNG poa- EMSnNG RETAINING WAIL- ADJACENT GRADE I- VARIES- I ADJACENT HOUSE - I EXISTING \ \ u SITE SECTION - NORTH/SOUTH 1/16" ^REPUKCE EXISUNG RETAINING *AA ON PROJECT PROPERTT -WNTAIN 6 A HEIGHT, MIN. FOR POOL ENCLOSURE LDOSTING RETAINING #A11S •-ADJACENT GRADE - VARIES SITE SECTION - NORTH/SOUTH 1/16" = 1-0"