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HomeMy WebLinkAbout1999-06-02; Planning Commission; ; CDP 99-04 - DAY RESIDENCEC ,^*> VThe City of CARLSBAD Planning Department A REPORT TO THE PI Single Family Coastal Development Permit Item No. P.C. AGENDA OF: June 2, 1999 Application complete date: February 10, 1999 Project Planner: Greg Fisher Project Engineer: Michelle Masterson SUBJECT: CDP 99-04 - DAY RESIDENCE - Request for approval of a Coastal Development Permit to demolish an older single family residence and allow for the construction of a new single family residence within the City's Coastal Zone located on a blufftop lot on the west side of Ocean Street, north of Pacific Avenue on Assessor's Parcel No. 203-021-04 within Local Facilities Management Zone 1. The project site is located in the Appeal Area of the Coastal Zone and may be subject to an appeal by the Coastal Commission. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 4565 and 4566, APPROVING the Negative Declaration and Coastal Development Permit CDP 99-04 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: The proposed single family residence is located on a site on the west side of Ocean Street just north of Pacific Avenue in the northwest quadrant of the City. The project site is an in-fill, rectangular shaped coastal bluff lot is approximately 10,120 square feet. The site slopes downward from east to west (toward the beach). The eastern portion of the site (along Ocean Street) contains slopes of 0-15% for approximately the first 45 feet. From that point westward the site drops more steeply towards the beach. This topography makes the site somewhat difficult to develop. There currently exists an older single family residence on the site that will be demolished prior to the construction of the new residence. The site is zoned R-3 and is within the Beach Area Overlay Zone. It has a General Plan designation of RMH (Residential - Medium High Density). Surrounding properties to the north and south are also zoned R-3 and have an RMH General Plan Designation. The properties to the o CDP 99-04 - DAY RESIDENCE June 2, 1999 Page 2 east (across Ocean Street) are zoned R-3. Surrounding properties have already been developed with a variety of residential uses, including some older single family units and mostly newer multi-unit projects. Many of these surrounding projects (on the west side of Ocean Street) have similar topographically constrained properties and have been developed through the approval of numerous variances. Proposed Residential Construction: The applicant is proposing to develop a two story, single family detached structure totaling 5,588 square feet of living area. The structure incorporates a varied facade which will be finished in stucco in shades of "caffe Latte" while the roofing material will consist of clay tile. There will be a patio/deck area off the lower level, balconies off the lower and upper levels, and a below ground pool/spa toward the rear of site all adhering to the required "stringline" setback. The residence will have ample off street parking including (2) two car garages. Proposed Grading: The proposed grading involves 873 cubic yards of cut. A grading permit will be required for this project. The total grading volume (873cy/.132ac) 6,613 cubic yards/ac is well within the amount deemed acceptable per the City's Hillside Development regulations. Consistent with section 21.203.040(4)(e) of the Carlsbad Municipal Code, no grading will be allowed between October 1st and April 1st. 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. 4566 when all applicable appeal periods have ended. 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 RMH (Residential Medium High) RMH (Residential Medium High) R-3 Yes No None REQUIRED/ALLOWED 20' 7.5715' 30' 60% PROPOSED 15' (See Variance Discussion) 7.5740' +-28' (Under 30') 42.09% c)ENCCDP 99-04 - DAY RESIDENCE June 2, 1999 Page 3 Administrative Variance Discussion The applicant requested an Administrative Variance (AV 99-01) to reduce the required front yard setback from 20 feet to 15 feet. Because the amount of the requested front yard setback reduction does not exceed 75 % of the required yard requirement, the request constitutes an Administrative Variance and is acted upon by the Planning Director. The Planning Director conditionally approved AV 99-01 on May 26, 1999, subject to Planning Commission approval on this Coastal Development Permit. Review of Required Coastal Findings I. Conformance with the Certified Local Coastal Program and all applicable policies The project is located in the Mello II Local Coastal Program Segment of the LCP which contains land use policies for development and conservation of coastal and water areas within the Segment boundaries. The project proposes the construction of a single family residence in an area designated for single and multi-family development. The LCP Land Use Plan designates the subject site for Residential-Medium High (RMH) density development and is being developed consistent with that designation. As discussed below, the project complies with the applicable LCP provisions. The LCP Land Use Plan designates the subject site for RMH (Residential Medium High) density development. Based on density of 11.5 du/ac, the lot could accommodate a maximum of two units. The proposed residence will be located on the west side of Ocean Street. The two story residence is consistent with the surrounding development of one and two story structures and will not damage the visual beauty of the coastal zone. No agricultural uses currently exist on the site, nor are there any sensitive resources (coastal sage scrub or chaparral habitat). The residence is not located in an area of known geologic instability. A geotechnical report was prepared in conformance with the Mello II Segment requirements. This report determined that the proposed development will have a useable life span of at least 75 years and that the development will have no adverse effect on the stability of the coastal slope. In addition, the proposed structure, decks/balconies, fences and pool/spa all comply with the identified "stringline" for similar uses which are located on properties to the north and south of the project site. No public opportunities for coastal access are available from the subject site and no public access requirements are conditioned for the project. II. Coastal Resource Protection Overlay Zone The Coastal Resource Protection Overlay Zone is intended to supplement the underlying zone by providing additional resource protection regulations within designated areas to preserve, protect, and enhance the habitat resource value of lagoons and sloping hillsides. The project steep slopes do not support any endangered plant/animal species and/or coastal sage scrub and chaparral plant communities. This overlay zone provides that ENCECDP 99-04 - DAY RESIDE June 2, 1999 Page 4 steep slope areas (25% or greater slope) not containing endangered plant/animal species or coastal sage scrub and chaparral plant communities may be permitted subject to specific findings. The proposed project complies with all applicable requirements of the Coastal Resource Protection Overlay Zone as illustrated in the table below: Development of Steep Slopes/Slope Stability FINDINGS RESPONSE That a soils investigation be conducted to determine that the site slope areas are stable and grading and development impacts mitigable for at least 75 years, or the life of the structure. A soils and geologic analysis of the project site prepared in conformance with City requirements. The study determined that with the existing soil type on the site and if the existing sea-wall is properly maintained, the proposed development will have a useable life span of at least 75 years and that the development will have no adverse effect on the stability of the coastal slope west of the building site. Grading of the slope is essential to development of the site. The proposed grading is essential to the site since the steep slopes are located in the middle of the site less than forty five feet from the eastern property line. Slope disturbance will not result in substantial damage or alteration to major wildlife without habitat or native vegetation. Slope disturbance will not damage or alter major wildlife habitat or native vegetation since the site was previously developed with a structure, ornamental landscaping and paving and there is no native vegetation located on this in-fill site. In projects of less than 10 acres in size which are predominated by steep slopes, complete grading may be allowed only if no interruption of significant wildlife corridors occurs. The site is not predominated by steep slopes in that only approximately 1/3 of the site contains steep slopes, nevertheless, no wildlife corridor would be interrupted by the proposed project. No grading or removal of steep slope areas will be permitted unless all environmental impacts have been mitigated. This project does not contain north facing slopes and the project site is fully developed, therefore, this requirement does not apply to the proposed project. Drainage, Erosion, Sedimentation, Habitat 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. CDP 99-04 - DAY RESIDENCE June 2, 1999 PageS Landslides and Slope Instability The soils and geological analysis report performed for the proposed project indicates that there are no landslides on this site. Seismic Hazards The soils and geological analysis report performed for the proposed project indicates that the materials at the site are not subject to liquefaction due to such factors as soil density, grain-size distribution, and groundwater conditions. Floodplain Development No development on the property is proposed within the one-hundred year floodplain. III. Coastal Shoreline Development Overlay Zone The intent and purpose of the Coastal Shoreline Development Overlay Zone is to control development/land use along the coastline to protect the public's interest in maintaining the shoreline as a recreational and scenic resource, promoting public safety and access, and avoiding adverse geologic and economic effect of bluff erosion. The proposed project complies with all applicable requirements of the Coastal Shoreline Development Overlay Zone as described in the table below. STANDARD PROVIDED Lateral Access 25-feet dry sandy beach. 25-feet of dry sandy beach seaward of existing seawall. Bluff Top Access Applies to lots where no beach is present or where beach is not accessible. Beach is accessible via existing stairway located approximately 220' from the subject site. Beach is present, therefore requirement does not apply to project. Vertical Access Determine public need to gain access, constraints to access beach, and privacy needs of property owner. Vertical access exists within 300' of the project. The site is not now, and has not historically, been used for vertical access. No vertical access is warranted for this development based upon the ordinance criteria. Geotechnical Report Analyze cliff erosion and geologic conditions. A geotechnical analysis of the project site was prepared. The analysis concluded that the proposed development will have a useful life of at least 75 years and that the development will have no adverse effect on the stability of the coastal slope. Appearance Building developed on site with a general attractive appearance related to surrounding development and natural environment. The proposed residential structure has been designed with attractive architectural features which will be compatible with the surrounding development and natural environment. CDP 99-04 - DAY RESIDENCE June 2, 1999 Page 6 Ocean Views Building designed to preserve to the extent feasible ocean views. The project has been designed with a low-scale building facade on Ocean Street and the structure complies with applicable side yard requirements which will, to the extent feasible, preserve existing ocean views from the street. Natural Features To extent feasible, retain natural features and topography. The building has been designed with a low-facade along Ocean Street and the structure has been designed to step-down the hillside consistent with this requirement. Grading Grading executed so as to blend with existing terrain. Approximately 873 cubic yards of grading is proposed with the project. Grading is designed to blend with existing and natural surroundings. "Stringline"The project adheres to all coastal "stringline" setback requirements for the placement of structures, decks/balconies, fences and pool/spa. V.ENVIRONMENTAL REVIEW The environmental review for this proposed project relied upon the City's General Plan Update Master EIR (MEIR 93-01) for analysis of cumulative air quality and traffic impacts. Based upon the initial study and field review conducted by staff, the Planning Director has determined that no significant environmental impacts will result from the proposed project and has, therefore, issued a Negative Declaration on April 20, 1999. 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 Camino 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. cCDP 99-04 - DAY RESIDENCE June 2, 1999 Page? ATTACHMENTS: 1. Planning Commission Resolution No. 4565 (Negative Declaration) 2. Planning Commission Resolution No. 4566 (CDP) 3. Location Map 4. Disclosure Form 5. B ackground Data Sheet 6. Reduced Exhibits 7. Full Size Exhibits "A" - "E" dated June 2,1999 GF:eh:mh DAY RESIDENCE CDP 99-04 5itv 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 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. 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 Wayne Davis Title Architect Corp/Part_ Title AddressAddress 344 Seventh Ave. San Diego, CA 92101 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 Ron & Mary Day Title Owners Address 10429 Rexford Court Cypress, CA 90630 Corp/Part_ Title Address 2O75 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (76O) 438-1161 • FAX (760) 438-0894 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 Title Non Profit/Trust Title Address Address 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 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 /- 7-r? Signature of applicant/date <-""Print ojApe name of owner Print or type name of applicant 's agem if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 o BACKGROUND DATA SHEET CASE NO: CDP 99-04 CASE NAME: Day Residence APPLICANT: Wavne Davis REQUEST AND LOCATION: Single family Residence on West side of Ocean Street, south of Pacific Avenue in the Northwest quadrant of the City. LEGAL DESCRIPTION: Lot 4. Granville Park. Map 1782 APN: 203-021-04 Acres: 10.120 SqFt. Proposed No. of Lots/Units: 1 unit GENERAL PLAN AND ZONING Land Use Designation: RMH-Residential Medium High Density Allowed: 8-15 units per acre Density Proposed: one unit Existing Zone: R-3 Proposed Zone: N/A Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Zoning Requirements) Zoning Land Use Site R-3 Residential North R-3 Residential South R-3 Residential East R-3 Residential West N/A Pacific Ocean PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): One Public Facilities Fee Agreement, dated: January 1. 1999 ENVIRONMENTAL IMPACT ASSESSMENT XI Negative Declaration, issued April 20. 1999 Certified Environmental Impact Report, dated. Other, ><a jli |||il'lli?1 hlit i fe i»O o !H Hf J-«* * « • IH153 *?«piiii i us° y. t c<j P. c . i1 2! ll »1?! Ju j!i !! [i i si H fin IH \\n \\i \}\ !oOa: -JU UJSi aKO •r\iife5 m