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Home My WebLink About2013-12-04; Planning Commission; ; CDP 13-25 – 4419 PARK DRIVE The City of Carlsbad Planning Division A REPORT TO THE PLANNING COMMISSION Item No. Application complete date: October 24, 2013 P.C. AGENDA OF: December 4, 2013 Project Planner: Greg Fisher Project Engineer: David Rick SUBJECT: CDP 13-25 – 4419 PARK DRIVE – Request for approval of a Coastal Development Permit to allow for the construction of a new 3,780 square foot single family residence and attached three car garage within the City’s Coastal Zone located at 4419 Park Drive in the Mello II Segment of the Local Coastal Program and within Local Facilities Management Zone 1. 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 Section 15303 (a) construction of a single family residence of the state CEQA Guidelines. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7027 APPROVING Coastal Development Permit CDP 13-25 based upon the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND Project Site/Setting: The infill lot is rectangular shaped and located at 4419 Park Drive as shown on the attached location map. The gross lot area is 0.82-acres (35,719 square feet) in size. The project site is surrounded by single family residences to the north, south, east and west. The project will take access off of Park Drive. Topographically, the site slopes dramatically upward westerly from Park Drive (40’ MSL) up an existing natural hillside to an elevation of 163’. The steep, natural portion of the site (25,924 square feet) is restricted by an Open Space Deed restriction granted to the California Coastal Commission. The purpose the Open Space Deed is for habitat protection. The lower developable portion of the site has been previously graded pursuant to City project number MS 95-02. The project includes a single family home to be constructed on the previously graded pad. The construction envelope will not encroach within the previously dedicated open space. Proposed Residential Construction: The project consists of the construction of a new 3,780 square foot two-story single-family residence and a three car garage. The two-story “Mediterranean” style structure will be constructed of wood framing with stucco siding and feature windows of varied shapes and sizes, and a tile roof. The project also includes a 42 inch tall concrete block retaining wall that is located along the northern property line (right side) and at the western most portion (rear) of the buildable pad area. The wall was recently constructed by the developer prior to obtaining a CDP. The developer was notified by the City to stop construction until the CDP has been approved. Proposed Grading: Estimated grading quantities include 50 cy of cut and 50 cy of fill with zero cy of import/export. A minor grading permit will be required for this project. 2 CDP 13-25 – 4419 PARK DRIVE December 4, 2013 Page 2 Table “A” below includes the General Plan designations, zoning, and current land uses of the project site and surrounding properties. TABLE A Location General Plan Designation Zoning Current Land Use Site RLM R-1-15000 Vacant North RLM R-1-15000 Single Family Residences South RLM R-1-15000 Single Family Residences East RLM R-1-15000 Single Family Residences West RLM R-1-15000 Single Family Table “B” below includes the project site’s gross and net acreage, the number of dwelling units allowed by the General Plan’s Growth Management Control Point (GMCP) density and the proposed projects number of dwelling units and density. TABLE B Gross Acres Net Acres DUs Allowed at GMCP Density DUs Proposed and Project Density 0.82 0.22 0.70 1 du; 4.54 du/ac The project has a density of 4.54 dwelling units per acre which is above the GMCP and the range (0 – 4 du/ac) of the RLM General Plan Land Use designation. For further information, refer to the General Plan Land Use designation discussion in the analysis section “A” below. III. ANALYSIS The project is subject to the following regulations and requirements: A. General Plan Residential Low Medium Density (RLM designation); B. One-Family Residential Zone (R-1-15000, CMC Chapter 21.10); C. Coastal Development Regulations for the Mello II Segment of the LCP (CMC Chapter 21.201); and Coastal Resource Protection Overlay Zone (CMC Chapter 21.203); D. Inclusionary Housing Ordinance (CMC Chapter 21.85); and E. 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 Residential Low Medium Density (RLM) Land Use Designation The subject property is designated Residential Low-Medium (RLM). The RLM Land Use designation allows for the development of single family residential units within a density range of 0 – 4 dwelling units per acre (du/ac) and at a Growth Management Control Point (GMCP) of 3.2 du/ac. The project site has a net area of 0.22 acres and at the RLM GMCP, 0.70 dwelling units are allowed. The proposed project (1 dwelling unit on 0.22 acres) has a density of (4.54 du/acre) that is .30 dwelling units above the RLM GMCP density. However, the General Plan Land Use Element includes a policy that allows a one- CDP 13-25 – 4419 PARK DRIVE December 4, 2013 Page 3 family dwelling to be permitted on any legal residentially designated lot that existed as of October 28, 2004. The project lot was created December 30, 1998 and complies with the policy. Because the project density exceeds the GMCP, it is subject to City Council Policy No. 43 regarding the Excess Dwelling Unit Bank. The project proposes a withdrawal of 0.30 excess dwelling units from the excess dwelling unit bank. The policy recognizes bank allocations are necessary for projects that must meet minimum densities used to determine compliance with housing element law. Nevertheless, a request for an allocation requires findings to be made. In approving a request for an allocation of excess dwelling units, the following three findings must be made: 1) That the project location and density are compatible with existing adjacent residential neighborhoods and/or nearby existing or planned uses; 2) That the project location and density are in accordance with the applicable provisions of the General Plan and any other applicable planning document; and 3) That the project complies with the findings stated in the General Plan Land Use Element for projects that exceed the GMCP for the applicable density range. The proposed project is consistent with the above required findings for the allocation of excess dwelling units in that: 1) the project is located within a one-family residential neighborhood which has a Residential Low Medium (RLM) General Plan Land Use designation and R-1-15000 zone that consists predominantly of detached single family dwellings that are approved at a similar density (0 – 5 du/ac) as the density of the proposed project (4.54 du/ac), and therefore the project is compatible with existing adjacent residential properties in the neighborhood, 2) that the project’s location and density described above are in accordance with the applicable provisions of the General Plan for the RLM Land Use designation, and 3) that the project complies with the findings stated in the General Plan Land Use Element for projects that exceed the growth management control point (3.2 du/ac) for the RLM Land Use designation as discussed above. B. One-Family Residential Zone (R-1, CMC Chapter 21.10) The project is required to comply with all applicable regulations and development standards of the Carlsbad Municipal Code (CMC) including the One-Family Residential (R-1) zone. The proposed project meets or exceeds all applicable requirements of the R-1 zone (Shown in Table C below). TABLE C – R-1 ZONE DEVELOPMENT STANDARDS STANDARD REQUIRED PROPOSED COMPLY Front Yard Setback 20’ 20’ Yes Side Yard Setback 8’ minimum 10’/23’ Yes Rear Yard Setback 16’ minimum >16’ Yes Lot Coverage 40% maximum 9% Yes Max Building Height 30’ maximum with a minimum 3:12 roof pitch or 24’ maximum with < 3:12 roof pitch 26.4’ with a 3:12 roof pitch Yes Parking Two-car garage (20’x20’ minimum interior dimension) Three-car garage (20’x20’ minimum) Yes CDP 13-25 – 4419 PARK DRIVE December 4, 2013 Page 4 C. 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 in the appeal jurisdiction. The site is also located within and subject to the Coastal Resource Protection Overlay Zone (Chapter 21.203) of the Carlsbad Municipal Code. The project’s compliance with each of these programs and ordinances is discussed below: 1. Mello II Segment of the LCP The subject site has an LCP Land Use Plan designation of RLM (Residential Low Medium Density), which allows for a density of 0 - 4 DUs/acre and 3.2 dwelling units per acre at the Growth Management Control Point (GMCP). The project density of 4.54 du/ac is consistent with the RLM General Plan Land Use designation as discussed in Section A above. Therefore the project is consistent with the Mello II Segment of the LCP. The project consists of the construction of a new 3,780 square foot single family residence with an attached three car garage in an area designated for residential development. The proposed two-story, single-family residence is compatible with the surrounding development of one and two-story single- family 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. No agricultural uses currently exist on the previously graded site, nor are there any sensitive resources located on the developable portion of the site. The proposed single-family residence is not located in an area of known geologic instability or flood hazard. Since the site is not located in close proximity to the coastline, no public opportunities for coastal shoreline access are available from the subject site. Furthermore, the residentially designated site is not suited for water-oriented recreation activities. 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. No development is proposed in areas of steep slopes (> 25% gradient) and none of the native vegetation located on the subject property will be disturbed. In addition, the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. D. Inclusionary Housing Ordinance (CMC Chapter 21.85) With this residential development of less than seven (7) units, the inclusionary housing requirement may be satisfied through the payment of an inclusionary housing impact fee. The project has been conditioned to pay this fee prior to the issuance of a building permit. E. Growth Management The proposed project is located within Local Facilities Management Zone 1 in the northwest quadrant of the City and is subject to the provisions of the Growth Management Ordinance, as contained in Chapter CDP 13-25 – 4419 PARK DRIVE December 4, 2013 Page 5 21.90 of the Zoning Ordinance. There are no special conditions or requirements within the Zone 1 Local Facilities Management Plan that apply to this single-family residential project. However, the project is conditioned to pay the appropriate public facility fees, water, and sewer connection fees, traffic impact fees, and school fees. All facility improvements necessary to accommodate the development will be in place prior to, or concurrent with development. Therefore, the project is consistent with the Zone 1 Local Facilities Management Plan. The construction of a new single-family residence will not have any adverse impacts on public facilities. The project’s conformance with the requirements of the Growth Management regulations is detailed in Table D below. TABLE D – GROWTH MANAGEMENT COMPLIANCE STANDARD IMPACTS/STANDARDS COMPLY City Administration 3.4767 sq. ft. Yes Library 1.854 sq. ft. Yes Waste Water Treatment 1 EDU Yes Park .006953 acre Yes Drainage 1 CFS/Drainage Basin “B” Yes Circulation 10 ADT Yes Open Space N/A Yes Fire Station No. 1 & 3 Yes School Districts (Carlsbad Unified) Elementary = 0.3400 Middle School = 0.1184 High School = 0.1032 Yes Sewer (Carlsbad) 1 EDU Yes Water (Carlsbad) 550 GPD Yes The proposed project is .30 units above the Growth Management unit yield for this RLM designated property. Consistent with the General Plan and Policy No. 43, .30 units will be withdrawn from the City’s excess dwelling unit bank. IV. ENVIRONMENTAL REVIEW 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. Therefore, the project is categorically exempt from the requirement for the preparation of an environmental document pursuant to the following Section of the California Environmental Quality Act (CEQA) Guidelines: Section 15303 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 City Planner upon project approval. ATTACHMENTS: 1. Planning Commission Resolution No. 7027 2. Location Map 3. Disclosure Form 4. Reduced Exhibits 5. Full Size Exhibits “A” – “F” dated December 4, 2013 ISLE DRPAN N O N I A R D HILLSIDE DR BRO O K S W Y ADAMS ST C A L A V O C T B R UCE RDHI GHLAND DRSE A B RIG H T D RYUKI LN P A R K D RHOOVER STSUNNY HI L L DRC O V E D R CDP 13-25 4419 Park Drive SITE MAPEL CAM REALC A R LSB AD VILL AGE DR CARLSBA D BLL A COSTA AV PALOM AR AIRP ORT R D MELR OSE DRAVIARA PY RAN CHO S AN TA FE RDCOLL EGE BLEL CAMI NO REALSITE AGUA HEDIONDA LAGOON ~ « ..... ~ ~ CITY OF DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov CARLSBAD 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:;,_, __ ... :•;•_. ::-' .>· ; •... __ · • .,,'.·: >·; .. c·:', -· :_ .. >'/ .. , -i•--·• .. · .. , Person,is td~n.el;l __ as :~ny· in(jivid_ual{ft'11'1_>.-C();Par!nership; joint)lenture;_a~~()Cif!lion; ;.sogi~I-;.flub,.fratemal organization;-, cprporatio(l,e~l~te:; tr"st;receiver, syndi<;ate, in.this __ a11g:~ny .• otller .. ccul'lty, __ city,~_nd __ county,· city municipality~ districtoi'otheq)olitigal.slibcjlvision'.or any other group oreomtilriatlon acting aria unit~ :' ''_, ,',' :-'. ·--> ,---:-.<!: ' -_-,< < "<-::'-<': --{ f > ' ______ ._;_.;: ->-~-'<:''•''·; --·-:.--,,.-·' ~: ~---·---__ --_----__ ,_:; ___ --,_; ---> <--> -:· '<:-'' ·/·,··::-!./-, ·:· •. 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(A separate page may be attached if necessary.) Person Phil Galtaud Corp/Part~----------- Title Applicant Title -------------Address P.O. Box 28696, San Diego, CA 92198-0696 Address. ___________ _ 2. OWNER {Not the owner's agent) P.1(A) 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-profrt, 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 Renee Gaitaud Corp/Part ___________ _ Title Owner Address -':ft.f ~ S' PA 1(/J. /)/ll Vfi Address'----------- . Cl) /( ~ 5 /jJt() CA q-;.oo g San Marcos Ca, 92078 Page1of2 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? 0 Yes J2(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 applicant/date Ke vHke_ Gz tt 1'"~ ft:vt D Print or type name of owner or type name of applicant Signature of owner/applicant's P-1(A) Page 2 ofZ Revised 07110 C-1 PLOT DATE REVISIONS GAITAUD CONSTRUCTION DESIGN & DEVELOPMENT CORP P.O. BOX 28696 SAN DIEGO CA, 92198-0696 OFFICE 858.451.8280 FAX 858.451.8230 SHEET NO. DATE: CHK'D BY: DRWN BY: SCALE: JOB NUMBER: CARLSBADGaitaud ResidenceRenee Gaitaud4419 Park Drive, Carlsbad CA.NOVEMBER 1, 2013 4419 PARK DRIVE, CARLSBAD, CA CDP-13-25 SITE PLAN CDP-13-25 F:\Dropbox\1-30\1-30- Coastal Dev Plan Sheet.dwg, 11/1/2013 1:05:01 PM, DWG To PDF.pc3