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HomeMy WebLinkAbout2017-09-06; Planning Commission; ; CDP 2017-0009/NCP 17-0001/V 2017-0001 (DEV2017-0031) – SCHIFF RESIDENCEThe City of CARLSBAD Planning Division A REPORT TO THE PLANNING COMMISSION Single Family Coastal Development Permit Item No. Application complete date: June 1, 2017 P.C. AGENDA OF:September 6, 2017 Project Planner: Greg Fisher Project Engineer: Kyrenne Chua SUBJECT: CDP 2017-0009/NCP 17-0001/V 2017-0001 (DEV2017-0031) – SCHIFF RESIDENCE – Request for approval of a Coastal Development Permit, a Non-Conforming Construction Permit and Minor Variance to allow for the demolition of an existing residence and the construction of a new 2,579 square foot single-family residence with two attached one- car garages within the Mello II Segment of the city’s Local Coastal Program located at 221 Normandy Lane 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, and Section 15305, minor alterations in land use limitations, of the state CEQA Guidelines. I.RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7262 APPROVING Coastal Development Permit CDP 2017-0009, Non-Conforming Construction Permit NCP 17-0001, and Minor Variance AV 2017-0001, based upon the findings and subject to the conditions contained therein. II.PROJECT DESCRIPTION AND BACKGROUND Project Site/Setting: The 0.07 acre (3,281 square feet) project site is located at 221 Normandy Lane between Garfield Street and Mountain View Drive as shown on the attached location map. The relatively flat lot is developed with an older one-story home and attached one-car garage. Only the dwelling will be demolished to accommodate the new single-family residence as the existing one-car garage will remain to help provide required off-street parking. Existing frontage improvements include a paved road but there is no curb, gutter or 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-15 Residential R-3 Single-Family Home North R-15 Residential R-3 Vacant South R-15 Residential R-3 Single-Family Home East R-15 Residential R-3 Duplex West R-15 Residential R-3 Duplex 4 CDP 2017-0009/NCP 17-0001/V 2017-0001 (DEV2017-0031) – SCHIFF RESIDENCE September 6, 2017 Page 2 Proposed Residential Construction: The project consists of the construction of a new 2,579 square foot three-story single-family residence and attached 258 square foot one-car garage. The proposed project offers a contemporary beach style aesthetic which is complementary to the surrounding neighborhood. The three-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 dark gray composition shingle roof. Other features include an elevator and covered view deck located on the upper floor. Also included is a 719 square foot attached accessory dwelling unit located on the second floor. Proposed Grading: Project grading quantities are 30 cubic yards of fill and 85 cubic yards of remedial grading work. A minor grading plan is required for the project. Additional Required Permits: In addition to the Coastal Development Permit, Non-Conforming Construction Permit and Minor Variance, the proposed Accessory Dwelling Unit (ADU) will be administratively reviewed and acted upon by the City Planner through a separate Minor Coastal Development Permit (CDP 2017-0010), subsequent to the Planning Commission action on CDP 2017- 0009/NCP 17-0001/V 2017-0001. III. ANALYSIS The project is subject to the following regulations and requirements: A. R-15 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. Non-Conforming Buildings and Uses (CMC Chapter 21.48); E. Minor Variance (CMC Chapter 21.50); F. 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); G. Inclusionary Housing Ordinance (CMC Chapter 21.85); and H. 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-15 Residential which allows for the development of single-family and multiple-family residences at a density of 8-15 dwelling units per acre with a Growth Management Control Point (GMCP) of 11.5 dwelling units per acre. The project’s density (14.3 du/ac) is within the range but exceeds the GMCP of the R-15 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-15 General Plan Land Use designation. CDP 2017-0009/NCP 17-0001/V 2017-0001 (DEV2017-0031) – SCHIFF RESIDENCE September 6, 2017 Page 3 B. Multiple-Family Residential Zone (R-3) and Beach Area Overlay Zone (BAOZ) 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) and the Beach Area Overlay Zone (BAOZ)(CMC Chapter 21.82). Table “B” below shows how the project complies with the applicable requirements of the R-3 zone. TABLE B – R-3 ZONE DEVELOPMENT STANDARDS STANDARD REQUIRED PROPOSED COMPLY Front Yard Setback 20’ minimum 10’ *See Section “E” below. Yes Side Yard Setback 6’-5” minimum 6’-6” Yes Rear Yard Setback 13’ minimum 5’ *See Section “E” below. Yes Lot Coverage 60 percent maximum 49 percent Yes Parking Two-car garage (20’ x 20’) or 2 One-car garages (12’ x 20') 2 Attached One-car garages Yes *Subject to approval of V 2017-0001 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). 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 feet for roof pitch >3:12 or 24 feet for roof pitch <3:12 29 feet 11 inches, 3:12 pitch Visitor Parking .30 space per unit (1 space rounded up) 1 guest parking space D. Non-Conforming Buildings and Uses (CMC Chapter 21.48) The project is required to comply with the requirements of the Non-Conforming Buildings and Uses chapter of the zoning ordinance because the existing garage does not meet the setback for the side yard (6’-6”) and rear yard (13 feet). The proposed replacement residence is in conformance with all applicable zoning standards with the approval of Variance 2017-0001 as shown in Table B above and discussed in Section E below. Chapter 21.28 of the Carlsbad Municipal Code requires that four findings be made in order to approve a Non-Conforming Construction Permit. All of the findings can be made for this project as discussed below. 1. The expansion/replacement of the residential structure would not result in an adverse impact to the health, safety and welfare of surrounding uses, persons or property in that the property is already developed with a single-family home (to be replaced with a new structure) and is surrounded by single-family and multi-family residences. In addition, the proposed project improvements (with the approval of the front and rear yard variance) will meet all current planning, building, and engineering standards. CDP 2017-0009/NCP 17-0001/V 2017-0001 (DEV2017-0031) – SCHIFF RESIDENCE September 6, 2017 Page 4 2. The area of expansion shall comply with all current requirements and development standards of the zone (R-3/BAOZ) in which it is located in that the new residential structure complies with current front, side and rear yard setback requirements and all other development standards such as building height and lot coverage with the approval of the variance (V 2017-0001). The project is consistent with the parking requirements as a new one-car garage is proposed in addition to the existing one-car garage to remain, and an open visitor parking space on the paved driveway is provided. The open parking space is required guest parking in accordance with the BAOZ. 3. The expansion/replacement structure shall comply with all current fire protection and building codes and regulations contained in Titles 17 and 18 in that a building permit, issued by the City of Carlsbad, is required for the project and the building plans will be reviewed for consistency with applicable fire protection and building codes. Furthermore, the project will undergo standard building inspection procedures during the construction of the new three-story residential structure. 4. The expansion/replacement would result in a structure that would be considered an improvement to, or complimentary to and/or consistent with the character of the neighborhood in which it is located in that the new three-story residential structure will compliment recently approved homes and be consistent with the character of the neighborhood consisting of one-, two-, and three-story structures. The project will also provide covered off-street parking spaces (two one-car garages) and one open visitor parking space as required in the R-3 zone and BAOZ. E. Minor Variance (CMC Chapter 21.50) The applicant has requested a minor variance for reduced front and rear yard setbacks. The standard required front yard setback in the R-3 zone is 20 feet. However, the project site is currently developed with an existing home that only has a 10.6 foot setback, and is located between lots having nonconforming front yard setbacks of 10.0 feet for the residence immediately to the west and 15.9 feet for the residence immediately to the east. A vacant lot located directly across from the subject site on the north side of Normandy Lane was recently approved with a 10 foot front yard setback. Another home fronting Normandy Lane and three sites east of the subject site has a 5.9 foot setback. Furthermore, several other homes within the area also have reduced front yard setbacks. The applicant is proposing a 10 foot main structure setback from the property line along Normandy Lane and, therefore, requires a minor variance. While most of the proposed residence is located 10 feet from the front property line, the western portion of the home contains the existing one-car garage that is 29.9 feet from the front property line. The project proposes a second one-car garage on the eastern portion of the home that is 25 feet from the front property line. Second floor living space above the new garage is set back approximately 20.7 feet from the front property line. The standard rear yard setback in the R-3 zone is 20 percent of the lot width, with a minimum of 10 feet. The lot is 65 feet wide and therefore requires a 13 foot rear yard setback. The applicant is proposing a rear yard setback that varies from five to eight feet for all three floors. The project site is currently developed with an existing home that only has a 5’-6” rear yard setback. The setback variance is considered minor because the reduced front and rear yard setbacks do not exceed 75 percent of the required setbacks. Pursuant to CMC Chapter 21.50, minor variances may only be granted if five findings can be made. Each of the findings and the supporting analysis is described below. 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such CDP 2017-0009/NCP 17-0001/V 2017-0001 (DEV2017-0031) – SCHIFF RESIDENCE September 6, 2017 Page 5 property of privileges enjoyed by other property in the vicinity and under identical zoning classification. The lot is substandard at 3,281 square feet, which is approximately 43 percent of the 7,500 square foot minimum lot size for the R-3 zone. The lot was legally created more than 90 years ago and is one of the smaller lots within the subdivision and surrounding area. In addition to being substandard in lot size, the project site is wider at 65 feet with a shallow depth of 50 feet. The typical lot depth of a standard R-3 lot is 125 feet. At 50 feet in depth, it is impossible to meet the required minimum interior dimension standards for a two-car garage (20’ x 20’) and maintain the required 20 foot front yard setback for street facing garages and a 13 foot rear yard setback. Furthermore, without approval of the variance, the applicant could not achieve similar lot coverage and square footage enjoyed by other properties located within the subdivision and surrounding neighborhood. 2. That the minor variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located and is subject to any conditions necessary to assure compliance with this finding. The surrounding neighborhood consists entirely of substandard lot sizes and developed properties that generally do not meet the current R-3 development standards. Most of the surrounding lots have been developed in a way that does not meet at least one of the current required development standards of the R-3 zone. Deviations on other lots include front yard, rear yard, and side yard setback reductions and reduced off-street covered parking requirements. This site and other properties in the neighborhood were originally built with reduced front, side, and rear yard setbacks. Variances for setback reductions have been granted to other properties in the same zone and vicinity. Therefore, the minor variance is not considered a special privilege. Overall, the proposed front yard setback reduction to 10 feet and rear yard setback reduction ranging from five to eight feet are similar to several of the nearby properties within the neighborhood. 3. That the minor variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property. The granting of a minor variance to reduce the required front yard setback from 20 feet to 10 feet and the rear yard setback from 13 feet to a range of five to eight, does not authorize a use which is not otherwise expressly permitted by the zoning regulations. A one-family dwelling is allowed by right within the Multiple-Family Residential (R-3) zone. Therefore, a deviation from the setback standards does not authorize a use or activity which is not authorized by the zone. 4. That the minor variance is consistent with the general purpose and intent of the General Plan and any applicable specific or master plans. CDP 2017-0009/NCP 17-0001/V 2017-0001 (DEV2017-0031) – SCHIFF RESIDENCE September 6, 2017 Page 6 The project consists of a new single-family home with two one-car garages (one existing and one proposed). The proposed use is expressly authorized by the Zoning Ordinance and General Plan regulations governing the subject property. The granting of a minor variance for front yard and rear yard setbacks to allow for the construction of a new home is consistent with the general purpose and intent of the General Plan for the R-15 Residential Land Use designation. 5. The minor variance is consistent with the general purpose and intent of the certified local coastal program and does not reduce or in any manner adversely affect the requirements for protection of coastal resources. The granting of a minor variance is consistent with and implements the requirements of the Local Coastal Program. The variance will not have an adverse effect on coastal resources as discussed below in Section “F” and will have no impacts on sensitive environmental resources. Therefore, granting such a variance is consistent with the Local Coastal Program. F. 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 project is located in the Mello II Local Coastal Program Segment. The subject site has an LCP Land Use Plan designation of R-15 Residential, which allows for a density of 8 to 15 du/acre and 11.5 du/acre at the Growth Management Control Point (GMCP). At the R-15 GMCP, 0.8 dwelling units would be permitted on this 0.07 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; therefore, development of a one-family dwelling is consistent with the R-15 General Plan Land Use designation and R-15 LCP Land Use Plan designation. The project consists of the construction of a new 2,579 square foot single-family residence with two attached one-car garages in an area designated for single-family and multi-family residential development. The proposed three-story residence is compatible with the surrounding development of one- to three-story residential structures. The three-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 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. CDP 2017-0009/NCP 17-0001/V 2017-0001 (DEV2017-0031) – SCHIFF RESIDENCE September 6, 2017 Page 7 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, Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban run-off, pollutants and soil erosion. The subject property is a previously developed parcel that does not include steep slopes (equal to or greater than 25 percent gradient) nor native vegetation. In addition, the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. 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; and (2) Section 15305(a) of CEQA Exemptions (Class 5) exempts minor setback variances not resulting in the creation of any new parcels from environmental review. A Notice of Exemption will be filed by the City Planner upon project approval. ATTACHMENTS: 1. Planning Commission Resolution No. 7262 2. Location Map 3. Disclosure Form 4. Reduced Exhibits 5. Exhibit(s) “A” – “I” PACIFIC OCEAN O C E A N S T PACIFIC AVNORMANDY LNMOUNTAINVIEWDR GARFIELD S T CDP2017-0009 / NCP17-0001 / V2017-0001SCHIFF RESIDENCE SITE MAP SITE EL CAMINO R E A LLA COSTA AV A L G A R D C A R L S B A D B L ATTACHMENT 2 ATTACHMENT 3 f~cicyof Carlsbad · DISCLOSURE STATEMENT P-1 (A) De velopment 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 MU ST 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 (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 . '(DB~~D-<S C.\...\t ·ff-_ Corp/Part. __________ _ Title , · OW 1-J(Qf.... Title Address \ 5'G? I IN~\f[I~ ~ \ Add·f~e-ss _________ _ (!.,t A ~i"l"'tciil'-lT°' ?Ka 17\1 -~ · \V--t 1 -• I\)~,-\\ I\ OWN ER (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, 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 (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 D~v'C\ S c...i-\-\ff Corp/Part. _________ _ Title 0w V\e_;{2_ Title -------------- Address \ sea' \N¥\\,T\~'L t>f,'1/c, Address ------------- c. L t::Q..\;3 !"'\. Oi"'C\ ,, CP.-, 9 \7 \ \ 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 ~nd/or Council within the past twelve (12) months? D Yes lZJ 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. -°'@ V J , . _e-~ . .Jt:J. __) 9 -· Signature o.f owner/dat Signature of applicant/date Print or type name of owner Print or type name of applicant Oif A1M1 ~ I /J [ 17 S§!J,ature of owner/applicant's agent if applicable/date Je fr'e--S C \4-\~(\J Print or type name of owner/applicant's agent P-1 (A) Page 2 of 2 Revised 07 /10