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Home My WebLink About1999-07-07; Planning Commission; ; CDP 99-10 - MIJUSKOVIC RESIDENCEThe City of CARLSBAD Planning Department A REPORT TO THE PLANNING COMMISSION Single Family Coastal Development Permit Item No. P.C. AGENDA OF: July 7, 1999 Application complete date: April 30, 1999 Project Planner: Paul Godwin Project Engineer: Kathy Farmer SUBJECT: CDP 99-10 - MIJUSKOVIC RESIDENCE - Request for approval of a Coastal Development Permit to allow for the construction of a single family residence within the City's Coastal Zone located on the west side of Carlsbad Boulevard between the north and south ends of Shore Drive within Local Facilities Management Zone 3. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4587 APPROVING Coastal Development Permit CDP 99-10 based upon the findings and subject to the conditions contained therein. II.INTRODUCTION Pursuant to Section 21.201.030 of the Carlsbad Municipal Code, the construction of a single family home within the City's Coastal Zone requires the processing and approval of a Coastal Development Permit (CDP). The CDP application was reviewed for consistency with the Local Coastal Program policies and implementation. There are no unresolved issues. The staff recommended approval with conditions is supported by the following analysis. III. PROJECT DESCRIPTION AND BACKGROUND Project Site/Setting: Infill lot located on the west side of Carlsbad Boulevard as shown on the attached location map. The lot area is .136 acres (5,925 square feet). Proposed Residential Construction: New residential structure totaling 4,169 square feet. Proposed Grading: No grading is proposed which would require a grading permit. Impact on Coastal Resources: None. IV. ANALYSIS As shown on the Coastal Development Compliance Table below, the proposed development is in compliance with all applicable regulations of the LCP Land Use Plan. Building permits may be issued subject to the conditions contained in Planning Commission Resolution No. 4587. CDP 99-10 - MIJUSKOVKTRESIDENCE July?, 1999 Page 2 COASTAL DEVELOPMENT COMPLIANCE TABLE LCP Land Use Plan General Plan Zoning Grading Permit Required Hillside Development Permit Required Native Vegetation Impacts STANDARD Front Yard Setback Side/Rear Yard Setback Building Height Lot Coverage RLM (Residential Low Medium) RLM R-2 No No None REQUIRED/ALLOWED 20' 7.5V15' 30' 50% PROPOSED 20' 7.5V19' 30' 41% Review of Required Coastal Findings 1. Conformance with the Certified Local Coastal Program and all applicable policies. The project is located in the Mello II Local Coastal Program Segment. The project proposes the construction of a new single family residence in an area designated for single family residential development. As discussed below, the project complies with the applicable LCP provisions. The LCP Land Use Plan designates the subject site for RLM (Residential Low-Medium) density development. Based on a density of 3.2 du/ac, the lot could accommodate one dwelling unit. The proposed residence will be located on the west side of Carlsbad Boulevard. The two story residence is consistent with the surrounding development of two story structures within the area and will not obstruct views or otherwise damage the visual beauty of the coastal zone. No agricultural uses currently exist on the site, nor are there any sensitive resources. The residence is not located in an area of known geologic instability. No public opportunities for coastal access are available from the subject site and no public access requirements are conditioned for the project. 2. Coastal Overlay Zones. The subject site is located in the Coastal Resource Protection Overlay Zone, however, due to its location and the absence of slopes steeper than 25% inclination and/or native vegetation, additional submittals, standards or requirements do not apply. The project does not require a grading permit. Construction of the project will adhere to the City's Master Drainage and Storm Water Quality Management Plan and Grading Ordinance to avoid increased runoff and soil erosion. V. ENVIRONMENTAL REVIEW This project is exempt from CEQA per the exemptions listed below: c oCDP 99-10- MIJUSKOVIC*RESrDENCE July?, 1999 Page 3 (1) 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 Planning Director upon project approval. The City has received its annual Growth Management Traffic Monitoring Report. The Report has recorded an unanticipated intersection "level of service" (LOS) failure at Palomar Airport Road (PAR) and El Caniino Real (ECR) during both the a.m. and p.m. peak hours. This potentially creates a changed circumstance negating reliance on previous environmental documentation. Pursuant to §15162 of the CEQA Guidelines a lead agency must prepare a "Subsequent" environmental documentation if substantial evidence (i.e., the recorded intersection failure) determines that a changed circumstance exists. However, case law has interpreted this section of the CEQA Guidelines to not require the preparation of a "Subsequent EIR" if mitigation measures are adopted which reduce the identified impacts to a level of insignificance. A mitigation measure has been identified which, if implemented, will bring the peak hours LOS into the acceptable range. The mitigation measure involves construction of two dual right turn lanes-northbound to eastbound and westbound to northbound. This project has been conditioned to pay its fair share of the intersection "short-term improvements" thereby, guaranteeing mitigation to a level of insignificance. In light of the above, a Notice of Exemption will be filed by the Planning Director upon project approval. ATTACHMENTS; 1. Planning Commission Resolution No. 4587(CDP) 2. Location Map 3. Background Data Sheet 4. Disclosure Form PGreh SITE MIJUSKOVIC RESIDENCE CDP 99-10 BACKGROUND DATA SHEET CASE NO: CDP 99-10 CASE NAME: Miiuskovic Residence APPLICANT: Dennis Mathis REQUEST AND LOCATION: Single family home on west side of Carlsbad Blvd. LEGAL DESCRIPTION: Lot 35. Terramar. Unit No. 1. Map 2696 APN: 210-062-11 Acres: 0.136 r5.925 sq. Ft.) Proposed No. of Lots/Units: 1 GENERAL PLAN AND ZONING Land Use Designation: RLM-Residential Low- Medium Density Allowed: 0-4 units per acre Density Proposed: one unit Existing Zone: R-2 Proposed Zone: N/A Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Zoning Requirements) Zoning Land Use Site R-2 Vacant North R-2 Single-family residence South R-2 Single-family residence East R-2 Single-family residence West R-l Single-family residence PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): One Public Facilities Fee Agreement, dated: March 16. 1999 ENVIRONMENTAL IMPACT ASSESSMENT Negative Declaration, issued I | Certified Environmental Impact Report, dated, £3 Other, Exempt Sections 15303 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 submirtal. Your project cannot be reviewed until. this information is completed. Please print. Note: L 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. 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 publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person t£UTUArK\C>S£M hA UU^HflS) \L Corp/Part _ Title £>VA/MEre.<=) _ Title _ Address 42-g lAI^M/VT IDM' AVg . Address 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% 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 gUfHggKJ MUUSV^Q\Jl^ Corp/Part. Title £WMgg-9 Title_ _ Address %.& £AgNtW ID M Av , Address 2075 Las Palmas Dr. -Carlsbad. CA 92OO9-1 576 • (760) 438-1161 • FAX (760) 438-O894 3. NON-PROFIT OROJlNIZATION 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 $250 worth of business^ transacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve (12) months? [~~| Yes |^J 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 appl icant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\OISCLOSURE STATEMENT 5/98. Page 2 of 2