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California Coastal Commission Staff Report: Regular Calendar

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California Coastal Commission Staff Report: Regular Calendar STATE OF CALIFORNIA· THE RESOURCES AGENCY GRAY DAVIS, Governor • CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 (562) 590-5071 Filed: May 24, 2000 49th Day: July 12, 2000 1801h Day: Novemb~O. ?Q9.0 Staff: ALKILBff'-""". Staff Report: July 20, 2000 Hearing Date: August 8-11, 2000 Commission Action: STAFF REPORT: REGULAR CALENDAR APPLICATION NUMBER: 5-00-145 APPLICANT: William & Carol Parrish AGENT: David York, Architect PROJECT LOCATION: 4075 Calle Isabella, San Clemente, (Orange County) PROJECT DESCRIPTION: Construction of a two-story, 5370 square foot single-family residence with pool and spa, pool house, various hardscape improvements, landscaping and attached 850 square foot four-car garage. • PROJECT SPECIFICS: Lot Area: 31,000 sq. ft. Building Area: 6,220 sq. ft. Building Coverage: · 4,817 sq. ft. Pavement Coverage: 5,150 sq. ft. Landscape Coverage: 21,033 sq. ft. Parking Spaces: 4 Land Use Designation: RL-1 Ht. above final grade: 24ft. LOCAL APPROVALS RECEIVED: Approval-in-Concept from City of San Clemente Community Development Department dated April 17, 2000. SUMMARY OF STAFF RECOMMENDATION: The applicant is proposing to construct a new single-family home on a vacant lot in Cotton Point Estates, a private gated community in the City of San Clemente. The major issue raised by development at this site is public access. The site is subject to an existing 15' wide vertical access easement. The original subdivision permit prohibits any permanent improvement other than landscaping within the easement. Therefore, the applicant proposes to place only landscaping and crushed granite walkways within the easement. Staff recommends the Commission APPROVE the proposed project subject to two (2) special conditions. Special Condition No. 1 prohibits the placement of any permanent improvement other than landscaping within the easement. Special Condition No. 2 is a notification of coastal • development permit requirements for any future development within, or affecting, the underlying coastal access easement. .-I.. '""· -I 5-00-145 (Parrish) Staff Report- Regular Calendar Page 2 of10 SUBSTANTIVE FILE DOCUMENTS: City of San Clemente Certified Land Use Plan, Coastal Development Permit No. P-81-7789, Appeal No. A-148-81, Administrative Permit No. 5-83-219, 5-96-155-W (Maxwell), 5-99-376 A-1 (Langley), and Consistency Determinations CD-100-96 • and CD-101-96 (San Mateo Point). LIST OF EXHIBITS: 1. Vicinity Map 2. Assessor's Parcel Map 3. Project Plans 4. Coastal Access Map 5. Staff Report for Permit No. P-81-7789 6.. Staff Report for Appeal No. A-148-81 7. Cotton Point Estates CC&Rs (relevant pages) 8. Recorded Irrevocable Offer to Dedicate (relevant pages) 9. Copy of 5-96-155W STAFF RECOMMENDATION: Staff recommends that the Commission APPROVE the permit application with special conditions. MOTION: I move that the Commission approve permit No. 5-00-145 pursuant to the staff recommendation. •• Staff recommends a YES vote. Passage of this motion will result in adoption of the following resolution and findings. The motion passes only by affirmative vote of a majority of Commissioners present. RESOLUTION: The staff recommends that the Commission adopt the following resolution: I. Approval with Conditions The Commission hereby APPROVES Coastal Development Permit 5-00-145 subject to the conditions below, for the proposed development on the grounds that the development will be in conformity with the provisions of Chapter 3 of the California Coastal Act of 1976, is between the first public road and the sea, and is consistent with the access and recreation policies of the Coastal Act, will not prejudice the ability of the local government having jurisdiction over the area to prepare a Local Coastal Program conforming to the provisions of Chapter 3 of the Coastal Act, and will not have any significant adverse effects on the environment within the meaning of the California Environmental Quality Act. 11. Standard Conditions 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, • 5-00-145 (Parrish) Staff Report- Regular Calendar Page 3of 10 acknowledging receipt of the permit and acceptance of the terms and conditions, is • returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date this permit is reported to the Commission. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. Ill. Special Conditions 1. Conformance of Design and Construction Plans to Landscaping Plan A . The applicant shall comply with the Site Plan/Conceptual Landscaping Plan (Sheet S-1) prepared by David York received May 24, 2000. • B. The permittee shall undertake development in accordance with the approved plans. Any proposed changes to the approved plans shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is required. 2. Future Improvements Coastal Development Permit No. 5-00-145 is only for the development located at 4075 Calle Isabella in the City of San Clemente, County of Orange, as expressly described and conditioned herein. An amendment to this permit or a new coastal development permit from the Coastal Commission or its successor agency shall be required for any future improvements or development as defined in Section 301 06 of the. Coastal Act which occur within, or that may affect, the area subject to the coastal access easement offer to dedicate (OTD) required as a condition of the Commission's approval of Coastal · Development Permit No. P-81-7789. In the event that the OTD is not accepted on or before April 11, 2004, this condition shall not have any further force or effect. IV. Findings and Declarations The Commission hereby finds and declares: A. Project Location, Background, and Amended Project Description The proposed development is located on an inland lot between the first public road and the sea • at 4075 Calle Isabella within the private gated and guarded community of Cotton Point Estates 5-()().145 (Parrish) Staff Report- Regular Calendar Page 4 of10 in the most southerly portion of the City of San Clemente, Orange County. The subject site borders San Diego County to the southeast. The site is bounded on the north by two residential lots in the Cotton Point Estates subdivision and the private community of Cypress Shores, to the • east by a newly completed US Marine housing development, to the south by the OCTA railway with Pacific Ocean beyond, and to the west by private residential development. (See Exhibits 1 & 2, Vicinity Map & Assessor's Parcel Map) Access to the site is gained through the guarded and locked gate community of Cypress Shores and through a locked gate entrance to Cotton Point Estates. The subject lot is part of a 17-lot subdivision, site of the former Richard Nixon estate. The Nixon residence (Casa Pacifica) and accessory structures remain at the subdivision site. Five new single-family residences have been constructed within Cotton Point Estates since the original subdivision permit was approved in 1981. The site is located approximately one-quarter mile from the beach. Public vertical access is located to the southeast of the subject lot, beyond the adjacent military housing development at the Trestles accessway through an easement granted by the Federal government until the year 2021. Public lateral access is located directly beyond the OCTA railway to the south. (See Exhibit 4, Coastal Access Map) 1. Previously Approved Development at the Project Site a. P-81-7789 On May 11, 1981, the Commission approved coastal development permit • P-81-7789 for the subdivision of 19.2 acres of blufftop property to 17 single- family residential lots. The project included the construction of a road, utility lines and the demolition of five accessory structures. The former Nixon estate, including one home and accessory structures (i.e. guesthouses, gazebos) were to remain on site. The project was approved subject to four special conditions, as shown in Exhibit 5, P-81-7789 staff report. Special Condition No.2 required the recordation of an irrevocable offer of dedication for an easement 15' wide along the eastern boundary of the tract to the City of San Clemente, subject to the following stipulations: . a) The offer shall be valid until the year 2021 at which time it may be cancelled on three years prior written notice to City by Developer or its successors or assigns; b) Developer, through Title Insurance and Trust Co. or such other entity approved by the City Attorney, shall provide notice to the City of the existence of the offer on or about 1-1-2021 or upon termination
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