City of Del Mar Planning Commission Del Mar Communications Center 240 Tenth Street, Del Mar, California

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1 City of Del Mar Planning Commission Del Mar Communications Center 240 Tenth Street, Del Mar, California Tuesday, April 14, :00 p.m. Ted Bakker Chair Lani Curtis Vice Chair Nancy Sanquist Commissioner Mark Corcoran Commissioner Vacant Commissioner Kathleen A. Garcia, Planning & Community Development Director Adam Birnbaum Planning Manager Katie Benson Assistant Planner Agenda It is the intention of your Planning Commission to be receptive to your concerns about your community. Your participation in local government will assure a responsible and efficient City of Del Mar. Regular Meetings of the Planning Commission are generally held on the second Tuesday of the month, beginning at 6:00 p.m. For further information regarding the scheduling of meetings or meeting agendas, check the City s web-site at or call the Planning Department s office at A full Planning Commission agenda packet with all backup information is available at City Hall, the Del Mar Library, and on the City s web site the Friday before each Planning Commission meeting. Unless otherwise noted, for items on the agenda, applicants and their team of representatives shall limit their [total] presentations to 10 minutes or less. Other speakers may address the Planning Commission for three minutes each. Please submit a Request to Speak form to the staff member prior to the Chair announcing the agenda item. The forms are located near the door at the rear of the Meeting Room. The Agenda item number being addressed should be indicated on the speaker slip. The Chair will call you forward at the appropriate time. The applicant or authorized representative must be present in order to ensure action by the Commissioners. Meeting will end at 11:00 p.m. unless extended by a majority vote of the Commissioners. If all the items on the agenda are not heard, the remaining items will be heard the following Tuesday (if facilities are available) at Del Mar TV Channel 24 located at th Street. When addressing the Planning Commission, please step forward to the lectern and state your name and address for the record. Whenever possible, lengthy testimony should be presented to the Commissioners in writing and only pertinent points presented orally. Consent Calendar: The Consent Calendar is considered by the Planning Commission near the beginning of the agenda. Items placed on the Consent Calendar will be approved in accordance with the staff recommendations for the item unless removed from the Consent Calendar by Commissioners, staff, or a member of the public. If you wish to keep an item from being placed on the Consent Calendar, please submit a Request to Speak form to the staff member prior to the meeting or be prepared to indicate an objection to the placement on the Consent Calendar when the Chair or staff asks if there are any objections to approval of the Consent Calendar. City of Del Mar, 1050 Camino del Mar, Del Mar, CA Phone: Fax:

2 Planning Commission Meeting April 14, 2015 Agenda Page 2 of 4 This notice will be the only written notice sent. Items, which are continued by the Planning Commission from one Planning Commission meeting to another date certain meeting date, will not be renoticed through the mail. Final action - the decision of the Planning Commission is final unless a written appeal is filed with the City Clerk, accompanied with a processing fee, within ten (10) working days from the date of notice of the action taken on the application. An approved permit shall not be valid until the 10-day appeal period has expired. The appeal is then forwarded to the City Council, which determines at the Initial Consideration whether to reject the appeal, thereby upholding the Planning Commission s decision, or to set the matter for a subsequent date for a new (de novo) public hearing review. If a de novo public hearing is set by the City Council, an additional fee will be required. Special Needs: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk s office at 1050 Camino del Mar, or by calling Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. As a courtesy to all meeting attendees, please set cellular phones and pagers to silent mode and engage in conversations outside the Commissioners Chambers. Note: The entirety of the City of Del Mar is located within the Coastal Zone. Some of the development projects listed on this agenda, as noted, require the receipt of a Coastal Development Permit. Some of these projects may also lie in what is known as the Coastal Development Appeals Area. For the projects located in the appeals area, the City s action on the requested Coastal Development Permit may be appealed to the California Coastal Commission. An appeal may be filed with the Coastal Commission within the ten calendar days following the Coastal Commission s receipt of a notice from the City of its final action on the Coastal Development Permit application. However, before an appeal may be filed with the Coastal Commission, the City s action on the CDP application must be final, meaning that all of the City s [separate and internal] appeals processes must first be exhausted. ROLL CALL APPROVAL OF MINUTES UPDATE PLANNING COMMISSION/STAFF DISCUSSION (Non-Application Items) 1. Staff Update regarding Parking Management Plan (Jon Terwilliger) HEARING FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA (Oral Communications) DISCUSSION AND BRIEFING (Application Items) CONSENT CALENDAR: The Planning Commission at the beginning of the meeting can place any item on the agenda upon the Consent Calendar. Consent Calendar items are not subject to public testimony. If you have a concern and wish to present information to the PC, you must

3 Planning Commission Meeting April 14, 2015 Agenda Page 3 of 4 be present at the beginning of the meeting to ensure the item will not be placed on consent, or write a letter to the PC prior to the meeting expressing why the application should be taken off the Consent Calendar. NEW APPLICATION(S): ITEM 1 TTM CDP CUP APN(S): , , Location: 929 Border Avenue Applicant: Manuel Nieto Owner: Carol Anne Lazier Zone: R1-40 Overlay Zones: Bluff, Slope and Canyon Overlay Zone, Coastal Bluff Overlay Zone, Beach Overlay Zone, Lagoon Overlay Zone Environmental Status: Draft Mitigated Negative Declaration (EA14-001) Staff Contact: Matt Bator, AICP, Senior Planner Description: A request for the Planning Commission s recommendation of [City Council] approval for: a Tentative Tract Map, Coastal Development Permit and Conditional Use Permit to subdivide an existing 6.9 acre site into five (5) individual single-family residential lots west of Camino del Mar, with access off Border Avenue, and one (1) nonbuildable.66 acre lot east of Camino del mar. The Planning Commission will also consider an associated draft Mitigated Negative Declaration (EA14-002) for recommendation to the City Council for certification. * Note: This project is located in the Coastal Commission s appeals area. ITEM 2 ZA (Zoning Code Amendment) APN: NA Location: City-wide Applicant: Business Support Advisory Committee, City of Del Mar Zones: RC, CC, BC, NC, PC and VC Environmental Status: Exempt Contact Person: Kathleen Garcia, Planning and Community Development Director Description: A request to amend Del Mar Municipal Code Chapter (Signage) to allow permitted chalkboard and blade signs in all commercial zones and modify the method for calculating the allowable size of signage.

4 Planning Commission Meeting April 14, 2015 Agenda Page 4 of 4 ITEM 3 V Prior to the meeting, item continued, datecertain to the May meeting. APN: Location: 2007 Santa Fe Ave. Owner/Applicant: Jeff Kelley Owner Agent: Bob Scott, RJS Planning Zone: RM-West Overlay Zone: Floodplain Overlay Zone Environmental Status: Exempt Contact Person: Matt Bator, AICP, Senior Planner Description: A request for a Variance from Del Mar Municipal Code (DMMC) Section to allow a previously constructed concrete retaining wall within a required easement and Section to allow previously constructed permanent landscape features in the required front and street side yard setbacks and roof overhang projections into the required front, street and side yard setbacks. ADJOURNMENT I, Katie Benson, Assistant Planner for the City of Del Mar, certify that a copy of the foregoing was posted at the Del Mar City Hall on Thursday, April 9, Katie Benson, Assistant Planner Planning and Community Development Department

5 The Minutes for the Special Meeting of the Planning Commission on March 17, 2015 were not available prior to the distribution of this packet. They will be included in the May PC packet.

6 City of Del Mar PLANNING COMMISSION STAFF REPORT APRIL 14, 2015 APPLICATIONS: TTM14-001, CDP14-019, and CUP REQUEST: A request for recommendation of approval of a Tentative Tract Map, Coastal Development Permit, and Conditional Use Permit to subdivide approximately 6.2 acres of land into five (5) new single-family residential lots west of Camino del Mar, with access off Border Avenue, and one (1) non-buildable lot located east of Camino del mar. The Planning Commission will also consider certification of an associated draft Mitigated Negative Declaration for the project. * Note: This project is located in the Coastal Commission s appeals area. APPLICANT: Manuel Nieto OWNER: Carol Anne Lazier SITE LOCATION: 929 Border Avenue ASSESSOR PARCEL NUMBER: , , COMMUNITY PLAN DESIGNATION: Very Low Density Residential ZONE: R1-40 OVERLAY ZONES: Bluff, Slope & Canyon Overlay Zone, Beach Overlay Zone, Coastal Bluff Overlay Zone, and Lagoon Overlay Zone ENVIRONMENTAL REVIEW: The proposed subdivision is subject to review under the California Environmental Quality Act (CEQA). Based on an Initial Study and Determination, staff has prepared a Draft Mitigated Negative Declaration (MND). Pursuant to State Law, the MND was sent to the State Clearinghouse for distribution to appropriate public agencies and was subject to a 30-day review period. The review period ended on April 3, Details of the environmental review are discussed in a latter section of this report. COMMUNITY PLAN AND ZONING DESIGNATIONS: The Community Plan designates the R1-40 Zone for Very Low Density Residential Development at a density of 0-1 unit per acre. The Community Plan states that, This land use category is 1 1 April 14, 2015 Item 01

7 Planning Commission Staff Report TTM14-001, CDP14-019, and CUP April 14, 2015 intended to allow single-family development that preserves an open character on land within areas that include steep slopes, bluffs, and/or canyons. The entire project site is located within the Bluff, Slope and Canyon (BSC) Overlay Zone, which is intended to preserve and protect the sandstone bluffs, canyons, and steep slopes that bring diversity to Del Mar s natural environment. The portion of the project site located west of Camino del Mar contains Coastal Bluff, as identified within DMMC Chapter 30.55, the Coastal Bluff Overlay Zone, which is intended to protect Del Mar s fragile coastal bluffs as a visual resource and avoid the risks to life and property associated with bluff failure and shoreline erosion. The westernmost portion of the project site is also located within the Beach Overlay Zone. The purpose of the Beach Overlay Zone is (in part) to protect public access to and along the shoreline, while promoting public safety, health and welfare, and providing for the protection of private property. Surrounding uses are principally single-family residential in nature to the north, south and east, and beach access and recreation to the west. The portion of the site located east of Camino del Mar is also located within the Lagoon Overlay Zone. The Lagoon Overlay Zone is composed of properties which are located directly in, or in proximity to the Los Penasquitos and San Dieguito Lagoons. The purpose of the Lagoon Overlay Zone is to protect the wetland resources of these lagoon areas and their sensitive upland habitats by requiring that all development activities taking place in the zone are designed and implemented in a manner that is consistent with wetland habitat protection and enhancement. Explanation of review process for the requested applications and CEQA document This project is a bit unusual in that it involves three separate but related applications and two separate City reviewing bodies for those applications. First, there is an application for a subdivision of property. The City Council is the issuing authority for subdivisions but relies on a recommendation from the Planning Commission. The standards of review for a subdivision application are described in a separate section of this report. Second, there is an application for a Conditional Use Permit (CUP) due to the site s location within the Bluff, Slope and Canyon Overlay Zone (BSC-OZ). The provisions of the BSC-OZ require a CUP whenever a subdivision of property is to occur within that zone. This is to ensure that no lot would be created that cannot support the type of development that would otherwise be allowed because of the amount of substantial steep slopes contained within such new lot. The CUP requirement also ensures conformance with established neighborhood character and consistency with the goals, objectives and policies of the Community Plan. The Planning Commission usually serves as the final issuing authority on a CUP, unless its decision is appealed to the City Council. A more detailed description of the requested encroachments and the applicable standards of review are also contained in a separate section of this report. 2 2 April 14, 2015 Item 01

8 Planning Commission Staff Report TTM14-001, CDP14-019, and CUP April 14, 2015 The third application for the project is a Coastal Development Permit (CDP). The City Council is the issuing authority using standards of review contained in the City s Local Coastal Program. A fourth related action for the project is the associated California Environmental Quality Act document that has been prepared for the overall project. The City s CEQA guidelines call for a project s CEQA document, in this case, a Mitigated Negative Declaration (MND), to be subject to certification by the highest City body that reviews an application. In this case, the highest reviewing body would be the City Council as part of its review of the subdivision application. The review processing issue is further complicated because CEQA regulations do not allow approval of one portion of a project prior to the certification of the CEQA document that addresses each of the various components of the project. As a result, the Planning Commission may not take action on the requested CUP until after the City Council reviews the Mitigated Negative Declaration as part of its review of the subdivision application. Because of these separate but related review requirements, and because of the timing constraints they create, staff is recommending that the Planning Commission make a recommendation on the subdivision and also make a recommendation on the submitted CUP application. That would allow for a single review hearing by the City Council on the three related applications and on the associated environmental document. Absent this suggested process, the applicant would be bounced back and forth through Planning Commission and City Council reviews. PROJECT DESCRIPTION: The Project proposes to subdivide three existing parcels, APN , , consisting of a total of approximately 6.9 acres, into five single-family residential lots Parcel APN and APN are located West of Camino Del Mar. A portion of Parcel APN is located on the West side of Camino del Mar and a small portion of it is located east of Camino del Mar and became a remnant of said parcel when the Camino Del Mar/Highway 101 right-of-way was developed. The remnant parcel, Lot 6 of the subdivision, is approximately 0.66 acre in size. Access to the residential lots will be attained from an existing private drive that connects to Border Avenue and parallels Camino del Mar. The private drive will consist of a 24-foot-wide paved roadway that will serve the subdivision. The roadway also provides access to an existing single-family home that borders the proposed subdivision to the south. Sewer, water, electrical, and other utility lines planned to serve the subdivision will be placed within the private roadway. An aerial photo of the project site is included as Exhibit A. The property contains an existing house and guest house. The house elevation is approximately 86 feet above sea level and is located in the center of the site. The site topography breaks midway through the site and slopes gently to the east and west at a gradient of about four percent. The approximate 6.9-acre site has been previously graded and would likely be re-graded to accommodate future construction. For the purposes of environmental review, the applicant included a conceptual grading design with the map. However, as clarified in an attached letter from the applicant s legal representative (Exhibit B), the grading design is only conceptual in 3 3 April 14, 2015 Item 01

9 Planning Commission Staff Report TTM14-001, CDP14-019, and CUP April 14, 2015 nature, as the applicants are only seeking the subdivision of the land at this time. Additional City reviews and approvals for grading (Land Conservation Permit), potential tree removals (Tree Removal Permit), and public street improvements (Council-authorized Encroachment Permit) would be required should the applicants or future lot owners propose to develop the land or individual parcels. Suggested engineering conditions regarding grading would only apply if the applicants seek to obtain grading approvals as mentioned-above. ANALYSIS: Tentative Parcel Map The applicant is requesting approval of a Tentative Tract Map (TPM) to subdivide the property into six separate parcels. All existing improvements would be demolished and the new lots west of Camino del Mar would be cleared of all most existing vegetation, as the lots would be regarded. Section of the Subdivision Ordinance requires that lots proposed as part of a subdivision application meet the (minimum) lot dimension standards identified in the underlying Zone, in this case, the R1-40 Zone. The newly proposed parcel boundaries have been proposed to meet the size and design requirements of the R1-40 Zone. Section of the DMMC code sets forth the development standards for subdivisions in the R1-40 Zone. The applicants are proposing to subdivide the existing lots into six new parcels. All new parcels would conform to the requirements design and dimension of the R1-40 zoning district as shown in the table below: Design Standard R1-40 Zone Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Min. Lot Size 40,000 sf. 55,657 sf. 48,573 sf. 54,038 sf. 42,553 sf. 47,806 sf. Min. Street Frontage 20 ft ft ft ft ft ft. Min. Lot Width 75 ft. 115 ft. 120 ft. 118 ft. 150 ft. 150 ft. Min. Lot Depth 100 ft. 475 ft. 405 ft. 425 ft. 297 ft. 325 ft. Design Standard R1-40 Zone Lot 6 Min. Lot Size 40,000 sf. 29,071 sf. Min. Street Frontage 20 ft ft. Min. Lot Width 75 ft. 242 ft. Min. Lot Depth 100 ft. 128 ft. While Lot 6 is noted on the on the proposed subdivision map as non-buildable, it is zoned as R1-40. Therefore, staff is suggesting a condition that would restrict any future residential improvements from being constructed on the parcel. FINDINGS FOR TPM: Although specific findings for the approval of a TPM are not called out in the Subdivision Ordinance, the following findings are generally used in the approval of a TPM/TTM. 4 4 April 14, 2015 Item 01

10 Planning Commission Staff Report TTM14-001, CDP14-019, and CUP April 14, The proposed map is consistent with the Del Mar General Plan in that the proposed residential use and density of development are permitted under the Plan requirements. 2. The design and improvement of the proposed subdivision are consistent with the Del Mar General Plan in that the design provides sufficient lot area and street access for proper development. 3. The site is physically suitable for the type of development in that the lot is capable of supporting the proposed residential development in the R1-40 Zone. 4. The site is physically suitable for the proposed density of development in that the project is within the standards specified in the Del Mar Zoning Ordinance. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. 7. The design of the subdivision and the type of improvements will not conflict with any easements acquired by the public at large and which are recorded or established by judgment of a court of competent jurisdiction. 8. The proposed map meets the requirements of the Subdivision Map Act and the Del Mar Subdivision Ordinance, and has been approved by the City Engineer as being consistent with those requirements. 9. All provisions of the Del Mar Municipal Code pertaining to subdivisions are met. The proposed TTM has been reviewed by the Engineering, Public Works, Fire, and Planning Departments for Subdivision Ordinance requirements. Pursuant to these reviews, a variety of conditions have been suggested to ensure the project s consistency with the provisions of the Zoning Code and with the policies and goals of the Del Mar Community Plan. The City Engineer has also suggested a number of conditions to be attached to any approval of the Map. One such condition addresses traffic safety issues related to future development of proposed lots 1-5 and the increased use of the private drive that connects to Border Avenue and parallels Camino del Mar. The entrance to the private drive is located with immediate proximity to the Via del La Valle- Border Avenue/Camino Del Mar intersection. A legal left turn onto the private drive is not possible. Therefore, at the suggestion of the traffic report for the project, the construction of a median would be required to prevent westbound vehicles on Border Avenue from attempting to make a left turn to enter the private drive. Vehicles would travel westbound on Border Avenue, then utilize a 5 5 April 14, 2015 Item 01

11 Planning Commission Staff Report TTM14-001, CDP14-019, and CUP April 14, 2015 (conditioned) neighborhood traffic circle at the intersection of Border and Sierra to return eastbound on Border to enter the access drive in a safe and legal manner. Additional conditions, such as those to require the implementation of environmental mitigation measures and the requirement of public coastal access easements are discussed later in this report. CONDITIONAL USE PERMIT: The proposal is subject to the receipt of a Conditional Use Permit (CUP). The CUP requirement is triggered by fact that the subject property to be subdivided is located within the Bluff, Slope and Canyon and Lagoon Overlay Zones Bluff, Slope and Canyon Overlay Zone (BSC-OZ): As mentioned, the BSC-OZ (DMMC Section ) calls for a CUP to be obtained in the case of a proposed subdivision in order to ensure that: Specifically, unless proposed as a dedicated open space lot, no subdivision shall be approved which creates a lot or lots that are composed entirely or nearly entirely of substantial steep slopes as defined in this Chapter. Further, no subdivision or boundary adjustment shall be approved for creation or realignment of a lot(s) that would be incapable of supporting subsequent construction with the provision of the steep slope setbacks specified in this Chapter. In making the required finding for approval of the Conditional Use Permit associated with an application for subdivision, the Planning Commission shall take into consideration, the probable impact that the subdivision, including subsequent development on the lot(s), will have on substantial steep slopes. The BSC-OZ is intended to protect the valuable resources of bluffs and related canyons and steep slopes as well as protect downstream resources from the adverse impacts of erosion and sedimentation. The entire project site is located within the BSC-OZ. However, west of Camino del Mar, the only substantial steep slopes, as defined by the DMMC, are the coastal bluffs at the western extent of the site. These bluffs are further protected by the DMMC Chapter (Coastal Bluff Overlay Zone) and subject to additional setback regulations that exceed and are more restrictive than those of the BSC-OZ. Due to their location, the presence of the substantially steep coastal bluffs would not render the proposed lots (Lots1-3) incapable of supporting subsequent construction. Additionally, the required 40-foot coastal bluff setbacks, discussed later in this report, would mitigate any impact that the subdivision, including subsequent development on the lot(s), will have on substantial steep slopes. Approximately 50% of proposed Lot 6 would be comprised of existing substantial steep slopes. However, as previously mentioned, Lot 6 would be conditioned to remain open space with restrictions on residential development. 6 6 April 14, 2015 Item 01

12 Planning Commission Staff Report TTM14-001, CDP14-019, and CUP April 14, 2015 Lagoon Overlay Zone (L-OZ): This Overlay Zone was incorporated into the Zoning Ordinance as a part of the Implementing Ordinances to the City s Local Coastal Program which gives authority to the City to authorize Coastal Development Permits. This overlay zone is intended to protect the wetland resources of the San Dieguito and the Los Penasquitos Lagoon, and their sensitive upland habitats. The partial location of the subdivision site (proposed Lot 6) within the L-OZ triggers a requirement for a CUP. Proposed Lots 1-5, west of Camino del Mar, are not located within the L-OZ. In reviewing such CUP applications, the Planning Commission is to analyze a proposal to determine if any impact is proposed within a wetland area; the appropriateness of any requested reduction of a wetland buffer; and the retention of wetland areas in open space easements with appropriate mitigation measures. Because proposed Lot 6 would be a non-buildable lot, a restriction that would be reinforced by a suggested deed restriction, staff recommends that no further mitigation or conditions are necessary to ensure protection of wetland resources on or near the remainder lot. Conditional Use Permit Findings: Pursuant to Chapter of the DMMC, each determination granting a Conditional Use Permit for subdivision of land within the Bluff, Slope and Canyon and Lagoon Overlay Zones shall be supported by the findings shown below in bold face. Below each of the required findings, staff has provided draft text that may be used by the Commission in its consideration of the project application. 1. That the use for which the Conditional Use Permit is applied for is permitted within the zone in which the property is located. Proposed finding: The [future] development of single-family residences with associated amenities is allowed by right in the R1-40 Zone, Bluff, Slope and Canyon Overlay Zone, and the Lagoon Overlay Zone. However, due to the environmentally sensitive nature of Lot 6, a deed restriction prohibiting residential development on that lot has been suggested as a condition of approval. 2. That the granting of such Conditional Use Permit will not be detrimental to the public health, safety, comfort, convenience and general welfare, will not adversely affect the established character of the surrounding neighborhood, and will not be injurious to the property or improvements on such vicinity and zone in which the property is located. Proposed finding: The established character of the surrounding neighborhood is one of single-family residences and vacant residential lots located within the R1-40 Very Low Density Residential Zone, Bluff, Slope and Canyon Overlay Zone, Coastal Bluff Overlay zone, Beach Overlay Zone, and the Lagoon Overlay Zone. The project has been reviewed to ensure that it would not adversely affect the natural resources found in the Overlay Zones. As the application for subdivision only proposes creation of new parcels at this time, any potential improvements have been shown for conceptual and 7 7 April 14, 2015 Item 01

13 Planning Commission Staff Report TTM14-001, CDP14-019, and CUP April 14, 2015 environmental review purposes, the granting of the CUP would not be injurious to the property or improvements in the vicinity of the site. 3. That the proposed use is properly located in relation to the community as a whole and to other land uses and to transportation and service facilities in the vicinity; and further, that the use can be adequately served by such public facilities and street capacities without placing an undue burden on the streets. Proposed finding: The proposed residential use is properly located within the community. Any future development of a single-family residence would be an allowed use within the R1-40 Zone. As conditioned, this subdivision project involving the re-subdivision three legal parcels of land into six new separate residential lots would not place an undue burden upon public streets, or public facilities. 4. That the site is of sufficient size to accommodate the proposed use and all yards, open spaces, walls and fences, parking, loading, landscaping, and such other features as are required by this chapter or as are needed, in the opinion of the Planning Commission, or the City Council on appeal, are properly provided to be compatible and harmonious with nearby uses. Proposed finding: The requirements of the R1-40 Zone call for a minimum lot size of 40,000 square feet in area. The five developable lots west of Camino del Mar would result in at least the 40,000 square feet minimum lot size required for the R1-40 Zone. The lots are of sufficient size to accommodate all uses and improvements required by the zone while maintaining the required yard and bluff setback areas of the R1-40 Zone and Coastal Bluff Overlay Zone. 5. That the granting of such Conditional Use Permit will not be contrary to the adopted Community Plan, including its goals, objectives, or policies, or to the objectives of any ordinance, regulation, or plan in effect to implement said Community Plan. Proposed Finding: This Conditional Use Permit request involves a proposal to subdivide approximately 6.2 acres of land into five (5) new single-family residential lots west of Camino del Mar and within the Bluff, Slope and Canyon Overlay Zone, and one (1) non-buildable lot located east of Camino del mar within the Bluff, Slope and Canyon and Lagoon Overlay Zones. As proposed and conditioned, the subdivision would be consistent with: the use, density and property development standards of the R1-40 Zone; the standards for protection of sensitive natural resources of the Beach, Lagoon, and Bluff, Slope and Canyon Overlay Zone; and the access, public view and resource protection standards of the City s Local Coastal Program (LCP). COASTAL DEVELOPMENT PERMIT FINDINGS / PROJECT S CONSISTENCY WITH THE LOCAL COASTAL PROGRAM: The project site is located within the California Coastal Zone and, therefore, requires the receipt of a Coastal Development Permit (CDP). The applicant has submitted the necessary materials and the CDP application has been grouped together with the associated CUP and TTM permits for 8 8 April 14, 2015 Item 01

14 Planning Commission Staff Report TTM14-001, CDP14-019, and CUP April 14, 2015 review by the Planning Commission. The standards of review for the CDP application are the regulatory ordinances found in the LCP Implementing Ordinances, the entirety of which have been distributed to Board members under separate cover. Staff has reviewed the application for its consistency with the applicable provisions of the LCP, specifically the resource protection, avoidance of hazards and public access standards. In regard to the public access standards, the project is located between the sea and the first public roadway. As such, the development is subject to review under the public access standards of Chapter of the LCP Implementing Ordinances (and the corresponding chapter of the Zoning Code.) The regulatory standards of that chapter require that any decision on the requested Coastal Development Permit include a specific finding(s) as to why the requested permit should or should not be conditioned to require the provision of public access opportunities to and/or along the shoreline, opportunities in the form of public access easements, installation of access improvements, or both. In the subject case, staff is recommending that a finding can be made to require: 1) a lateral public access easement at the top of the coastal bluff along the western extent of proposed Lots 1-3; 2) a requirement to install public access improvements (walkway) within the required easement; and 3) a lateral public access easement over potentially sandy beach area at the base of the coastal bluff. That recommendation is based on the fact that public access is already provided to the north (Border/Sierra Avenue public overlook) and to the south North Bluff Preserve). The provision of the lateral public access along the top of the bluff would contribute to the future linkage of the existing access points to the north and south. As previously mentioned, the project site contains a bank of very steep coastal bluffs along the westerly side of the property. The LCP and the applicable Zoning Chapter for the Coastal Bluff Overlay Zone each contain measures intended to preserve coastal bluffs. The first measure is the avoidance of disturbance. This is accomplished through the requirement that no development occur on the bluffs themselves or within a setback, or buffer area, 40 feet in width, measured from the top of the coastal bluff. The second preservation measure is intended to ensure that the bluffs are not degraded as a result of erosion and scouring. Here, the applicable regulations call for all drainage and runoff generated by new development to be collected and appropriately discharged away from coastal bluffs. The third bluff-preservation measure is the requirement that the coastal bluffs and required setback areas be dedicated as permanent open space through the recordation of a deed restriction to prevent development within these areas and prohibit vertical access on the bluff face. Conditions requiring the 40-foot setback, approval of drainage and runoff plans by the City Engineer, and recordation of open space easements, as discussed above, are recommended by staff for any approval of the subdivision. The project, as conditioned, has been found by staff to meet all of the applicable regulations. Staff is, therefore, recommending conditional approval of the CDP. Staff is also recommending that the required findings of approval can be made to the effect that: the proposed use is consistent with the uses allowed for the underlying zone; and that the proposed subdivision meets the criteria and is consistent with the provisions of the certified Local Coastal Program, including those 9 9 April 14, 2015 Item 01

15 Planning Commission Staff Report TTM14-001, CDP14-019, and CUP April 14, 2015 provisions regarding preservation of public views, provision of public access opportunities, and resource protection. In accordance with the procedural regulations of the certified LCP, the City s action on the Coastal Development Permit will be reported to the California Coastal Commission s Executive Director. The project is located in a Coastal Development Permit appeals area. The City s action on the CDP application is, therefore, appealable to the California Coastal Commission. Information on the process of appealing an action to the Coastal Commission can be gained by talking with Coastal Commission or City staff. It should be noted that an appeal of a City action on a CDP must be an appeal of the City s final action on the permit application, meaning that any internal City appeal process must be exhausted before the action may be deemed final and, thereby, subject to Coastal Commission appeal. ENVIRONMENTAL REVIEW: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the Planning Department prepared the attached Initial Study and Mitigated Negative Declaration (MND). It includes a Mitigation Monitoring and Reporting Program (MMRP) for the proposed project (Exhibit C) with measures to ensure conformance with the applicable provisions of the Bluff Slope and Canyon (DSC) Overlay Zone. The Initial Study identified potential impacts for the following areas: Aesthetics, Biological Resources, Cultural Resources, Transportation/Traffic, and Recreation. A detailed review of the potential impacts is included in the Initial Study. The proposal includes mitigation measures that reduce all impacts to less than significant levels. The mitigation measures are included in the MND and MMRP, and are included as conditions of approval. In accordance with Section of the California Environmental Quality Act (CEQA) and Section of the CEQA Guidelines, the Initial Study/Draft Mitigated Negative Declaration (IS/MND) was circulated for public review and comments for a 30-day period from March 5, 2015 through April 3, The documents were made available at Del Mar City Hall. No comments from the public, other agencies, or interested parties were submitted to the City. The conclusions of the IS/MND is that with mitigation measures incorporated and attached, all project impacts are less than significant. CONCLUSION / RECOMMENDATION: Staff recommends that the Planning Commission review the project relative to the applicable Municipal Code sections and required findings as mentioned in this report. In staff s review of the project and all technical documents submitted by the applicant, the proposed project, as conditioned, appears to be consistent with the provisions of the Subdivision Ordinance of the DMMC, R1-40 Zone, the Beach Overlay Zone, the Coastal Bluff Overlay Zone, the Lagoon Overlay Zone and Bluff, Slope, and Canyon Overlay Zone April 14, 2015 Item 01

16 Planning Commission Staff Report TTM14-001, CDP14-019, and CUP April 14, 2015 Staff recommends Planning Commission adopt the attached draft resolution (Exhibit B) with findings and conditions recommending Tentative Tract Map (TTM14-001), Conditional Use Permit (CUP15-003), and Coastal Development Permit (CDP14-019) be forwarded to and conditionally approved by the City Council. Each of the suggested conditions has been attached to ensure the project s consistency with required Mitigation Measures of the Draft MND, the provisions of the Zoning Code and with the policies and goals of the Del Mar Community Plan. Respectfully submitted, Matt Bator, AICP Senior Planner Exhibits: Exhibit A Site Aerial Photo Exhibit B Letter from Applicant s Representative Exhibit C Initial Study and Draft MND * Exhibit D Draft Resolution * These materials are too large in size to reproduce for inclusion in the printed staff report, but are available for review at City Hall, Planning Department, 1050 Camino del Mar during normal business hours or on the City of Del Mar s website at For more information please call the Planning Department at April 14, 2015 Item 01

17 12 April 14, 2015 Item 01

18 Exhibit B l a w O f f i c e s o f C. S a m u e l B l i c k Land Use Lawyers - Est Rancho Santa Fe Office Avenida de Acacias Telephone (858) Post Office Box 9477 Facsimile (858) Rancho Santa Fe, CA blicklawsd@gmail.com Delivered Via Electronic Transmission April 7, 2015 Mr. Matt Bator, AICP, Senior Planner City of Del Mar 1050 Camino Del Mar Del Mar, California Project Name: The Estates at Del Mar (EA ) Project Location: 929 Border Avenue, Del Mar, CA (APN: , ) Dear Mr. Bator: This firm represents the applicant/property owners of the referenced property and pending subdivision map application. Pursuant to our conversation today, this letter will confirm the applicant s submission for approval of The Estates at Del Mar (EA ) Subdivision Map request to be specifically limited to the subdivision of the land into legal parcels. This limited approval is notwithstanding the applications engineering presentation of grading and land development, which is for conceptual design purposes only. Although the approvals sought in this application include all rights, terms and conditions provided by the Subdivision Map Act and City of Del Mar Zoning Ordinance, they do not include those design considerations generally provided by the Design Review Board, Planning Commission and City Council, including but not limited to site grading, tree removal or relocation. City of Del Mar The Estates at Del Mar (EA ) 13 April 14, 2015 Item 01

19 C. Samuel Blick Attorney at Law Therefore, we urge the Planning Department to recommend, and the Planning Commission to approve, our client s subdivision map application, which provides on the title page a restriction as to the approval of legal lots only, and not matters of design, grading or tree removal. We appreciate your courtesy in proceeding with the processing of this application, as limited, and scheduling the noticed hearing before the Planning Commission on April 14, Sincerely, /s/ C. Samuel Blick C. Samuel Blick Attorney at Law CSB: sh CC: Client Mr. Brian Guiltinan, Client Representative Manuel Nieto NCE, Project Manager Leslie Devaney, City Attorney City of Del Mar The Estates at Del Mar (EA ) 14 April 14, 2015 Item 01

20 Exhibit D These materials are too large in size to reproduce for inclusion in the printed staff report, but are available for review at City Hall, Planning Department, 1050 Camino del Mar during normal business hours or on the City of Del Mar s website at For more information please call the Planning Department at April 14, 2015 Item 01

21 RESOLUTION NO. PC-2015-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DEL MAR, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A TENTATIVE TRACT MAP (TTM14-001), A COASTAL DEVELOPMENT PERMIT (CDP14-019), AND A CONDITIONAL USE PERMIT (CUP15-003) TO SUBDIVIDE APPROXIMATELY 6.2 ACRES OF LAND LOCATED AT 929 BORDER AVENUE, DEL MAR CALIFORNIA INTO FIVE (5) NEW SINGLE-FAMILY RESIDENTIAL LOTS WEST OF CAMINO DEL MAR, WITH ACCESS OFF BORDER AVENUE, AND ONE (1) NON- BUILDABLE LOT LOCATED EAST OF CAMINO DEL MAR. APN(S): , , WHEREAS, Carol Anne Lazier, Trustee Of The Stensrud Lazier Holding Trust Dated 10/17/2011 (Applicant) applied a Tentative Tract Map (TTM14-001), A Coastal Development Permit (CDP14-019), and A Conditional Use Permit (CUP15-003) to subdivide approximately 6.2 acres of land located at 929 Border Avenue, Del Mar California into five (5) new single-family residential lots west of Camino del Mar, with access off Border Avenue, and one (1) nonbuildable lot located east of Camino del Mar (Project); and WHEREAS, the Project site is located within the R1-40 Zone, and the Bluff, Slope and Canyon Overlay, Beach Overlay, Coastal Bluff Overlay, and Lagoon Overlay Zones; and WHEREAS, the Project qualifies as a project under the California Environmental Quality Act (CEQA) Public Resource Code , and is not exempt; and WHEREAS, a Mitigated Negative Declaration (MND), State Clearing House (SCH) No , for the Estates at Del Mar project was prepared in accordance with applicable law, including the CEQA, Public Resources Code of Regulations section et seq., and the CEQA Guidelines, 14 California Code of Regulations section et seq., and which MND was circulated for a 30-day review period to the public, responsible agencies, and other interested persons for review and comment for the period of March 5, 2015 to April 3, 2015 as required by the California Environmental Quality Act (CEQA); and WHEREAS, no written comments or oral testimony were received on the MND during the 30-day review period; and WHEREAS, the Initial Study/Mitigated Negative Declaration concluded that the implementation of the Project will have less-than-significant impacts with mitigation measures included for impacts to Aesthetics, Biological Resources, Cultural Resources, Transportation/Traffic, and Recreation; and WHEREAS, under CEQA, a lead agency makes a determination on a Project requiring the implementation of measures to mitigate or avoid significant effects on the environment; and CEQA also requires a lead agency to adopt a Mitigation Monitoring and Reporting Program (MMRP) to ensure compliance with the mitigation measures during Project implementation, and such a MMRP has been prepared for the Project for 16 April 14, 2015 Item 01

22 Planning Commission Resolution No. PC-2015-xx TTM14-001/CDP14-025/CUP Page 2 of 20 consideration by the City Council as the decision-maker of the City of Del Mar as lead agency for the Project; and WHEREAS, on April 14, 2015, the Planning Commission of the City of Del Mar held a public hearing to consider a recommendation to the Del Mar City Council regarding approval TTM14-001/CDP14-025/CUP15-003, and on the certification/adoption of the Mitigated Negative Declaration/Initial Study, including the Mitigation Monitoring and Reporting Program, and at which time all persons desiring to be heard were heard; and WHEREAS, evidence was submitted and considered to include without limitation: a. Plans submitted by the applicant. b. Written information submitted with the application. c. Oral testimony from Staff, the applicant, and the public. d. Staff report, dated April 14, 2015, which is incorporated by this reference, as though fully set forth herein. e. Additional information submitted during the hearing. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Del Mar recommends certification of the Mitigated Negative Declaration for the Estates at Del Mar project and adoption of the Mitigation Monitoring and Reporting Program, attached as Exhibit A to this Resolution, based on the following findings: 1. That the revised Mitigated Negative Declaration (SCH No ) for the Estates at Del Mar project has been prepared in compliance with the California Environmental Quality Act of 1970 (California Public Resources Code Section et seq.), as amended, and the CEQA Guidelines thereto (14 California Code of Regulations Section et seq.); 2. That the MND for the Estates at Del Mar project reflects the independent judgment of the City of Del Mar as the Lead Agency; and 3. That the MND for the Estates at Del Mar project is accurate and complete. AND BE IT FURTHER RESOLVED by the Planning Commission of the City of Del Mar that the Tentative Tract Map (TTM ) for the above-mentioned subdivision of property be recommended for conditional approval by the City Council, and that approval be based upon the following findings: 1. The proposed map is consistent with the Del Mar General Plan in that the proposed residential use and density of development are permitted under the Community Plan requirements. 2. As conditioned, the design and improvement of the proposed subdivision are consistent with the Del Mar General Plan in that the design provides sufficient lot area and street access for proper development. 17 April 14, 2015 Item 01

23 Planning Commission Resolution No. PC-2015-xx TTM14-001/CDP14-025/CUP Page 3 of The site is physically suitable for the type of development in that the lot is capable of supporting the proposed residential development in the R1-40 Zone. 4. The site is physically suitable for the proposed density of development in that the project is within the standards specified in the Del Mar Zoning Ordinance. 5. As conditioned, the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, as determined by CEQA review and the certified Mitigated Negative Declaration for this project. 6. As conditioned, the design of the subdivision and the type of improvements are not likely to cause serious public health problems, as determined by CEQA review and the certified Mitigated Negative Declaration for this project. 7. The design of the subdivision and the type of improvements will not conflict with any easements acquired by the public at large and which are recorded or established by judgment of a court of competent jurisdiction. 8. The proposed map meets the requirements of the Subdivision Map Act and the Del Mar Subdivision Ordinance, and has been approved by the City Engineer as being consistent with those requirements. 9. All provisions of the Del Mar Municipal Code pertaining to subdivisions are met. AND BE IT FURTHER RESOLVED by the Planning Commission of the City of Del Mar, that Coastal Development Permit (CDP14-019) ) for the above-mentioned subdivision of property be recommended for conditional approval by the City Council, and that approval be based upon the following findings: 1. The use for which the Coastal Development Permit is requested, the subdivision of land for six new residential lots, is permitted within the R1-40 (Very Low Density Residential) Zone in which the property is located; 2. The proposed project, as conditioned, meets the criteria of the applicable chapters of the Del Mar Zoning Code, specifically Chapter (Very Low Density Residential), Chapter (Bluff, Slope and Canyon Overlay Zone), Chapter (Beach Overlay Zone), Chapter (Beach Bluff Overlay Zone), Chapter (Public Access) Chapter (Lagoon Overlay Zone) and Chapter which regulates parking; 3. The Coastal Development Permit, as conditioned, will be in conformity with the certified City of Del Mar Local Coastal Program (LCP) with respect to resource protection standards, avoidance of hazards regulations and public access standards; 18 April 14, 2015 Item 01