Loading...
HomeMy WebLinkAbout2015-01-07; Planning Commission; ; CDP 14-26|NCP 14-06 - DIVALERIO ADDITIONThe City of CARLSBAD Planning Division A REPORT TQ THE PLANNING COMMISSION Single Family Coastal Development Permit Item No. P.C. AGENDA OF: January 7, 2015 Application complete date: October 24, 2014 Project Planner: Austin Silva Project Engineer: Steve Bobbett SUBJECT: CDP 14-26/NCP 14-06 - DIVALERIO ADDITION - Request for approval of a Coastal Development Permit and Non-Conforming Construction Permit to allow for the addition of 1,449 square feet of additional living area to an existing single family residence, a 416 square foot deck and a 53 square foot addition to an existing garage on a .10 acre lot within the Mello II Segment of the city's Coastal Zone located at 142 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 Section 15301(e)(1) - Existing Facilities, of the state CEQA Guidelines. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7079 APPROVING Coastal Development Permit CDP 14-26 and Non-Conforming Construction Permit NCP 14-06 based upon the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND Proiect Site/Setting: The .10 acre (4,375 square feet), project site is located at 142 Chestnut Avenue as shown on the attached location map. The relatively flat lot is developed with an existing 2,407 square foot one-story residence with a basement and 210 square foot one-car garage. Table "A" below includes the General Plan designations, zoning and current land uses ofthe project site and surrounding properties. TABLE A Location General Pian Designation Zoning Current Land Use Site RH R3 Single-family residence North RH R3 Single-family residence South RH R3 Single-family/Multi-family residences East RH R3 Single-family residence West RH R3 Multi-family residential Proposed Residential Construction: The project consists ofan addition to the existing single-family home that includes 149 square feet of new living space on the first floor, a new second floor consisting of 1,300 square feet, a 53 square foot addition to the garage, and 416 square feet of deck space. The proposed addition will be consistent with the existing home's Spanish Colonial Revival architectural style with the use of stucco, tile roofs, an arched window, and balconies. CDP 14-25/NCP 14-06 - DIVALERIO ADDITION January 7,2015 Page 2 III. ANALYSIS The project is subject to the following regulations and requirements: A. Residential High (RH) General Plan Land Use Designation; B. Multiple Family Residential Zone (R-3, C.M.C. Chapter 21.16); C. Beach Area Overlay Zone (BAOZ, C.M.C. Chapter 21.82); D. Non-Conforming Buildings and Uses (C.M.C Chapter 21.48); E. 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); F. Inclusionary Housing Ordinance (C.M.C. Chapter 21.85); and G. 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 (Residential High) The subject property is designated Residential High (RH). The RH Land Use designation allows for the development of single family residential units within a density range of 15 - 23 dwelling units per acre (du/ac) and at a Growth Management Control Point (GMCP) of 19 dwelling units per acre. The project site has a net area of .10 acres and at the 19 du/ac GMCP, 1.9 dwelling units are allowed. The existing lot is below the GMCP. However, one single-family dwelling unit is guaranteed pursuant to the following General Plan Land Use provision: "Notwithstanding the density provisions and intent ofeach residential land use designation, a one-family dwelling shall be permitted on any legal lot that existed as of October 28, 2004." The subject lot was legally created prior to October 28, 2004; therefore, development of a one-family dwelling is consistent with the RH General Plan Land Use designation. B. Multiple Family Residential Zone (R-3, C.M.C. Chapter 21.16) 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. The proposed project meets or exceeds all applicable requirements of the R-3 zone (Shown in Table B below). The standards shown in the proposed column of Table C are for the proposed addition. The non-conformity ofthe existing structure will be discussed in Section D. TABLE B- R-3 ZONE DEVELOPMENT STANDARDS STANDARD REQUIRED/ALLOWED PROPOSED (addition) Front Yard Setback 20 feet 20 feet East Side Yard Setback 5 feet 5 feet West Side Yard Setback 5 feet 5 feet 2 inches Rear Yard Setback 10 feet 15 feet Max Building Height 35 feet 28 feet 3 inches Lot Coverage 60% 46% Parking Two-car garage (20' x 20') One-car garage with driveway parking for one space* *Please see discussion regarding non-conforming parking in Section D on the following page. CDP 14-25/NCP 14-06 - DIVALERIO ADDITION January 7, 2015 Page 3 C. Beach Area Overlay Zone (BAOZ, C.M.C Chapter 21.82) The project is required to comply with the development standards ofthe Beach Area Overlay Zone (BAOZ). The proposed project meets all applicable requirements ofthe BAOZ (Shown in Table C below). Section 21.82.040 of the C.M.C 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 Beach Area Overlay Zone. 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 24 feet for roof pitch <3/12 28 feet 3 inches 23 feet 9 inches Visitor Parking .30 space per unit (1 space rounded up) 1 guest parking space D. Non-Conforming Buildings and Uses (C.M.C. 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 home does not meet the setbacks for interior side yards (five feet) and parking (two-car garage). The proposed addition to the existing home is in conformance with all applicable zoning standards as shown Tables B and C above. 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 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 consistent with the R-3 zone and is surrounded by single- family and multi-family residences. In addition, the proposed project improvements comply with all current Planning, Building, and Engineering standards. 2. The area of expansion shall comply with all current requirements and development standards of the zone (R-3/BA0Z) in which it is located, except an existing single-family residence which does not meet the required parking standard (i.e. a two-car garage) may expand floor area if a minimum of two off-street parking spaces are provided on-site in a location consistent with Section 21.44.060(4) ofthe parking ordinance. The new additions comply with current front and side yard setback requirements and all other development standards such as building height, and lot coverage. The project is consistent with parking, and more specifically Section 21.44.060(4) of the parking ordinance, in that vehicles can be parked in the required front yard on a paved driveway or parking area that is comprised of 24 feet of width extended from the property line to the rear of the required front yard. Two parking spaces are provided adjacent to each other in the front yard on a paved driveway that have a combined width of 17 feet. One space is for the required resident parking, and the second space is for the 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 bythe 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 additions. CDP 14-25/NCP 14-06 - DIVALERIO ADDITION January 7, 2015 Page 4 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 proposed addition will complement the existing architecture and will provide two off-street parking spaces and one visitor parking space as required in the R-3 zone and Beach Area Overlay Zone. E. Conformance with the Coastal Development Regulations for the Mello II Segment of the Local Coastal Program (CMC Chapter 21.201) The project site is located within the Mello II Segment ofthe Local Coastal Program and is not in the appeal jurisdiction. The project's compliance with each of these programs and ordinances is discussed below: 1. Mello II Segment ofthe 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 Residential High (RH), which allows for a density of 15-23 du/acre and 19 du/acre at the Growth Management Control Point (GMCP). The project density of 10 du/ac is not consistent with the RH General Plan Land Use designation as discussed in Section A above. However, one single-family dwelling unit is guaranteed pursuant to the following General Plan Land Use provision: "Notwithstanding the density provisions and intent of each residential land use designation, a one-family dwelling shall be permitted on any legal lot that existed as of October 28, 2004." The subject lot was legally created prior to October 28, 2004; therefore, development of a one-family dwelling is consistent with the RH General Plan Land Use designation. Therefore the project is consistent with the Mello II Segment of the LCP. The project consists of a 1,502 square foot addition (including garage) to an existing 2,617 square foot single family residence and garage in an area designated for residential development. The proposed two- story addition is compatible with the surrounding development of one and two-story single-family and multi-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 ofthe site. The proposed single-family residence is not located in an area of known geologic instability or flood hazard. Since the site does not have frontage along 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. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 ofthe 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 runoff, pollutants, and soil erosion. No steep slopes or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. F. Inclusionary Housing Ordinance (CMC Chapter 21.85) Pursuant to CMC Chapter 21.85.030 (D.l), a project may be exempt from the inclusionary housing requirement if an existing residence is altered, improved, restored, repaired, expanded, or extended, provided that the number of units is not increased. 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. CDP 14-25/NCP 14-06 - DIVALERIO ADDITION January 7, 2015 Pages G. Growth Management The proposed project is located within Local Facilities Management Zone 1 in the northwest quadrant of the city. However, there will be no impact to public facilities because there will be no increase in the number of units on the property. 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, and it is therefore categorically exempt from the requirement for the preparation of environmental documents pursuant to CEQA Section 15301(e)(1) - Existing Facilities. A Notice of Exemption will be filed by the City Planner upon final project approval. ATTACHMENTS: 1. Planning Commission Resolution No. 7079 2. Location Map 3. Disclosure Form 4. Reduced Exhibits 5. Exhibits "A" - "E," dated January 7, 2015 PACIFIC OCEAN A/or TO SCALE SITE MAP DiValerio Addition CDP 14-26/NCP 14-06 ^ DISCLOSURE Development Services "2^ STATEMENT planning Division ^ CITY OF p •f/A\ 1635 FaradayAvenue ADI CRAn (760)602-4610 V-.A\l\L JD#\L>' www.carlsbadca.gov Applicant's statement or disciosure of certain ownership interests on alt 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 projed cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, finn, co-partnership, joint venture* association, social club, fratemal organization, corporation, estate, boist, receiver, syndicate, in this and any other county^ city and county, city municipality, district or other political subdivision or any othergroup 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, 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 publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person "pi \kU./^tD "^MoA^ I t^Uft'V' Corp/Part Title.^Wiiia A'T)i V^Vrto, "WViS^ee. Title Address Z\Uo^ g€ llt!l^ ^ _ _ 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, 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 publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Corp/Part_ vr^s Title Person "D'l \/^aU><rin-l7iva\W| IrUfS-^ Title ^ KargL-^ • V>\ W\ Oj T«^U6^. Address SE '4o^ ^ Address, p-1 (A) 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? I I Yes H^TNO If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. Jcnowledge. Signature of dvSnerraate 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 owner/applicanfs agent p-1 (A) Page 2 of 2 Revised 04/09 PROJECT DATA ; 204-122-09-00 SCCTTT 4 SKARA Dt VALEBO 21269 se 40tti STTIESJ SAJ-t-lAMISH. \WA 9S075 STTB AREA 2DNE/l>JMD USE TOTAL COVERASE LANDSCAPINS PARKINS FKESUPSESBON ZONE EXISTTNS HOUSE 4-375 S.F. (.TO ACRES) R-3. RH 4696 (2007 SJ=./A375SJ=-) ( 2) . 1 SARAOE, 1 IN CJRIVEWAY N/A WOO S.F. UVM© SPACE 210 e.F. ©ARAC5E T007 S.F. EtASEMENT 143 S-F. FIRST n_OOR ACOmON 1300 S.F. SECOND RJ^ORAODTTION 4ie BJ=. DECKADOmON 53 S.F. (5ARASE ACJDmON JATES CHNN. ASa-TTECT 2120 jt-n-rr PJRAJSTTE BL itTi4 DEL |-V*H, 920M-CSSej755-5S63 NOTE EXISTINS GRADED PAD. NO SRADNS CUT = O CY. FLL - O CY. (MPOBT = O C.Y. EXPORT = O CY. CHESTNLTT AVE, SfTHPLAN F ^ ii § u Scai« AS NOTED Drown JAC Job 2014-4 0) 3 .- g < d! E a Z o E D i O li) PROPOSED SECOND FUDOE PLAN WAU, LEGEND 3 EXISTIN© WAliS PKOPOBED FIR5T FLOOR PL>\N Scole AS NOTED Drown JAC Job 2 Of Sheer* PROPOSED EASEMENT PLAN Z o h D 0 a i D Scole AS NOTED Drown JAC Job 30M-4 ' n /y \ rfrif? •iili iiiil III ill. EAST ELEVATION NORTH ELEVATION V4.=T-0- _ SJOSTTNS C RNtSH aej19C».& BY 0) j ilk i I R D Scot* AS NOTED Job 30I4-4 EXISTING BASEMENT PIAN V4-=T-0' EXISTINS FLOOR PLAN g s illl o a D Scale AS NOTED Drown JAC Job iOW-t Sheet EXIST.