HomeMy WebLinkAboutGPA 07-05; Tabata Ranch; General Plan Amendment (GPA)The City of Carlsbad Planning Department
A REPORT TO THE PLANNING COMMISSION
Item No.
P.C. AGENDA OF: August 5, 2009
Application complete date: N/A
Project Planner: Jason Goff
Project Engineer: Steve Bobbett
SUBJECT: GPA 07-05/ZC 06-04/SP 203(CVLCPA 06-03/CT 06-15/CDP 06-22/HDP 06-
05 - TABATA RANCH - Request for a recommendation of adoption of a
Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program and Addendum; a recommendation of approval for a General Plan
Amendment, Zone Change, Specific Plan Amendment, and Local Coastal
Program Amendment; and a request for approval of a Tentative Tract Map,
Coastal Development Permit, and Hillside Development Permit for the demolition
of an existing single-family home, and for the subdivision and grading of a
2.9-acre site into eight lots (5 residential and 3 open space lots) on property
generally located on the north side of Poinsettia Lane at the westernmost terminus
of Lemon Leaf Drive within the Mello II Segment of the Local Coastal Program
and Local Facilities Management Zone 20.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 6614
RECOMMENDING ADOPTION of a Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program and Addendum, and ADOPT Planning Commission
Resolutions No. 6615, 6616, 6617, and 6618 RECOMMENDING APPROVAL of a General
Plan Amendment (GPA 07-05), Zone Change (ZC 06-04), Specific Plan Amendment (SP
203(C)), and Local Coastal Program Amendment (LCPA 06-03), and ADOPT Planning
Commission Resolutions No. 6619, 6620, and 6621 APPROVING a Tentative Tract Map (CT
06-15), Coastal Development Permit (CDP 06-22), and Hillside Development Permit (HDP 06-
05), based on the findings and subject to the conditions contained therein.
II. INTRODUCTION
The proposed project consists of the demolition of an existing single-family home, and the
subdivision and grading of a 2.9 acre site into five residential lots and three open space lots. The
project site consists of three parcels of land, which are generally located on the north side of
Poinsettia Lane at the westernmost terminus of Lemon Leaf Drive. The project site is located
within the Zone 20 Specific Plan (SP 203), Local Facilities Management Zone 20, and the Mello
II Segment of the Local Coastal Program. The proposed project requires a General Plan
Amendment (GPA), Zone Change (ZC), and Local Coastal Program Amendment (LCPA) to
change the General Plan and Local Coastal Program Land Use designations on the property from
Residential Medium Density (RM, 4-8 du/ac) to Residential Low-Medium Density (RLM, 0-4
du/ac), and to change the City Zoning and Local Coastal Program Zoning designations on the
property from Residential Density-Multiple with a Qualified Development Overlay (RD-M-Q)
and Limited Control (L-C) to One-Family Residential (R-l). A Specific Plan Amendment (SPA)
o
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to the Zone 20 Specific Plan is necessary in order to reflect the proposed General Plan Land Use
change. The project also requires a Tentative Tract Map (CT) to allow for the subdivision of the
property, a Coastal Development Permit (CDP) to allow for the demolition of the single-family
home and for development within the Coastal Zone, and a Hillside Development Permit (HDP)
to allow for the development of a site containing slope gradients equal to or greater than 15
percent and slope elevation differences greater than 15 feet.
The GPA, ZC, LCPA, and SPA require the approval of the City Council. The approval of the
CT, CDP, and HDP are final at the Planning Commission. The LCPA requires further approval
from the California Coastal Commission (CCC). The project is not located within the Appeals
Jurisdiction of the Local Coastal Zone, and therefore the Planning Commission's decision on the
CDP is not appealable to the CCC.
The project has been reviewed for environmental impacts and no significant unmitigable impacts
were found. As designed and conditioned, the project is consistent with all applicable standards
and policies, and the necessary findings to approve the project can be made.
III. PROJECT DESCRIPTION AND BACKGROUND
The project site consists of three parcels totaling 2.9 acres in size, and is presently developed
with a two-story single-family home. The site is bounded on three sides (north, east, and west)
by existing single-family homes with lots ranging in size from 10,585 square feet to 30,150
square feet. Poinsettia Lane is directly abutting the site to the south. Access to the site is being
provided from Lemon Leaf Drive to the east and Lonicera Street to the west.
The existing adjacent residential subdivision to the north was created as part of the Mariner's
Point project (CT 91-12), which allowed for the development of 186 single-family residential
units on lots ranging in size from 7,500 to 21,670 square feet. The existing residential
subdivision surrounding the project site to the south (across Poinsettia Lane), east, and west was
a part of the Thompson/Tabata project (CT 98-14), which allowed for the development of 238
single-family units on lots ranging in size from 6,000 square feet to 1.7 acres.
Topographically, the site slopes downward in elevation towards the west from a high of
approximately 305 feet above mean sea level (AMSL) at Lemon Leaf Drive to a low of
approximately 250 feet AMSL at Lonicera Street. No native vegetation, natural drainage areas,
or wetland habitat exist on the site.
The site has a General Plan Land Use designation of Residential Medium Density (RM, 4-8
du/ac) and Zoning designations of Residential Density-Multiple with a Qualified Development
Overlay (RD-M-Q) and Limited Control (L-C). The Local Coastal Program (LCP) Land Use
designation and Zoning is consistent with the aforementioned. The project requires a General
Plan Amendment (GPA 07-05), Zone Change (ZC 06-04), and Local Coastal Program
Amendment (LCPA 06-03) to change the General Plan and LCP Land Use designations on the
property from RM to Residential Low-Medium Density (RLM, 0-4 du/ac), and to change the
City Zoning and LCP Zoning designations on the property from RD-M-Q and L-C to One-
Family Residential (R-l).
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A Specific Plan Amendment (SP 203(C)) is also required to reflect the proposed land use change
and bring the Specific Plan into conformance with the General Plan. The project site is located
within Planning Area D of the Zone 20 Specific Plan. The Specific Plan establishes permitted
land uses and development standards for Planning Area D, which are listed in Chapter VIII,
Section E (Pages 114-119). Under Section E.2.a of Chapter VIII (Pg. 115) of the Specific Plan,
the General Plan Land Use designation is described as follows:
a. General Plan
Planning Area D is composed of two General Plan Land Use Designations: RLM
(Residential Low-Medium Density, 0-4 du/acre) on the east side of the Planning Area and
RM (Residential Medium Density, 4-8 du/acre) on the west side. The ridge line which
generally follows property lines serves as the dividing line for land use designations.
The applicant is requesting the following text amendment to Chapter VIII, Section E.2.a:
a. General Plan
Planning Area D is composed of two General Plan Land Use Designations: RLM
(Residential Low-Medium Density, 0-4 du/acre) on the east side of the Planning Area and
RM (Residential Medium Density, 4-8 du/acre) on the west side. The ridge linej which
generally follows property linesj serves as the dividing line for land use designations with
the exception of a 2.9 acre area generally located north of Poinsettia Lane and west
of the ridge, which shall have a General Plan Land Use designation of RLM where
topographic constraints justify development at a lower density (see Exhibit 3 -
General Plan, Page 7).
A modification to Exhibit 3 - General Plan (Pg 7) of the Specific Plan also accompanies the
proposed text amendment, which reflects the proposed boundary shift between the RM and RLM
General Plan Land Use designations and shows the 2.9 acre project site falling within the RLM
designation.
The Zone 20 Specific Plan (SP 203) was originally approved in 1993, with the first amendment
(SP 203(A)) approved in 1996. SP 203(A) designated the Villa Loma and Laurel Tree affordable
housing projects as two available off-site combined affordable housing projects to satisfy
inclusionary housing requirements for projects being developed within the Zone 20 Specific
Plan. The second amendment (SP 203 (B)) was never realized and was later withdrawn.
In addition to the four legislative actions, the project also requires a Tentative Subdivision Map
(CT 06-15), Coastal Development Permit (CDP 06-22), and Hillside Development Permit (HDP
06-05) for the demolition of the existing home and also for the subdivision of the site into eight
lots (five residential and three open space lots). The proposed residential lots (Lots 1-5) range in
size from 10,094 square feet to 19,313 square feet, with developable pads ranging in size from
9,500 square feet to 10,100 square feet. Lots 1 and 2 will take access from Lemon Leaf Drive,
while Lots 3-5 will take access from a new public street extending perpendicularly from
Lonicera Street. No residences are proposed for Lots 1-5 at this time, and therefore architecture
is not included. However, the future development of custom homes on each lot will require the
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Planning Commission's approval of individual CDP's for each proposed home and architecture
will be considered at that time. Open space Lots 6-8 range in size from 3,061 square feet to
24,214 square feet and consist primarily of landscaped manufactured slope areas and a drainage
basin for the project. Each of these lots will be encumbered by an open space easement and
privately maintained by a Home Owners Association (HOA) established for the project.
Project grading requires 19,600 cubic yards of cut, 2,400 cubic yards of fill, and 17,200 cubic
yards of export. Overall, the project grading follows the natural slope of the site, and is
compatible with the adjacent residential pad grades.
IV. ANALYSIS
The project is subject to the following plans, ordinances and standards:
A. Carlsbad General Plan Residential Low-Medium Density (RLM) Land Use designation;
B. One-Family Residential (R-l) Zone (Chapter 21.10 of the Carlsbad Municipal Code);
C. Zone 20 Specific Plan (SP 203);
D. Inclusionary Housing (Chapter 21.85 of the Carlsbad Municipal Code);
E. Subdivision Map Act and the City of Carlsbad Subdivision Regulations (Title 20 of the
Carlsbad Municipal Code);
F. Mello II Segment of the Local Coastal Program, and the Coastal Resource Protection
Overlay Zone (Chapter 21.203 of the Carlsbad Municipal Code);
G. Hillside Development Regulations (Chapter 21.95 of the Carlsbad Municipal Code);
H. Habitat Preservation and Management Requirements (Chapter 21.210 of the Carlsbad
Municipal Code); and
I. Growth Management Ordinance (Chapter 21.90 of the Carlsbad Municipal Code) and
Zone 20 Local Facilities Management Plan.
The recommendation for approval of this project was developed by analyzing the project's
consistency with the applicable regulations and policies. The project's compliance with each of
the above regulations is discussed in the sections below.
A. Carlsbad General Plan Residential Low-Medium Density (RLM) Land Use
Designation
The existing General Plan Land Use designation for the site is Residential Medium Density
(RM). The RM designation allows for the development of single-family, two-family, and/or
multiple-family residential dwellings within a density range of 4-8 dwelling units per acre
(du/ac) with a Growth Management Control Point (GMCP) of 6 du/ac. The project site has a net
developable area of 2.9 acres. At the RM GMCP, the site would yield 17.4 dwelling units.
However, development of the site in a manner that would accommodate this number of dwelling
units would 1) require a significant amount of grading to the site, which would be inconsistent
with the City's Hillside Development Regulations (C.M.C. Chapter 21.95), and 2) would require
a higher density residential product type (i.e., attached or multiple-family), which would not be
as compatible with the existing surrounding single-family homes that are developed at RLM
densities (0-4 du/ac) on lots ranging in size from 10,585 square feet to 30,150 square feet.
Therefore, given the topographic constraints of the site combined with the existing surrounding
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single-family residential projects that are developed at lower densities, the project applicant is
proposing to change the General Plan Land Use designation of the site from RM to Residential
Low-Medium Density (RLM, 0-4 du/ac) and develop the property with more compatible single-
family lots at a similar density as the surrounding single-family development. As such, the
resultant project density is 1.7 du/ac, which is 12.4 dwelling units below the RM GMCP and 6.6
dwelling units below the bottom of the RM density range, but within the RLM density range (0-4
du/ac) and below the RLM GMCP of 3.2 du/ac.
Pursuant to Government Code Section 65863, the City may not reduce the residential density on
any parcel below that which was used by the California Department of Housing and Community
Development in determining compliance with Housing Element law, unless the City makes the
findings that the reduction of residential density is consistent with the adopted General Plan,
including the Housing Element, and that the remaining sites identified in the Housing Element
are adequate to accommodate the City's share of the regional housing need pursuant to
Government Code Section 65584.
The GMCP is used for the purpose of calculating the City's compliance with Government Code
Section 65863. However, consistent with Program 3.8 of the City's certified Housing Element,
all of the dwelling units, which were anticipated toward achieving the City's share of the
regional housing needs that are not utilized by developers in approved projects, will be deposited
into the City's Excess Dwelling Unit Bank. This project will deposit 12.4 dwelling units into the
City's Excess Dwelling Unit Bank, and these excess dwelling units will then be available for
allocation to other projects. Accordingly, there is no net loss of residential unit capacity and
there are adequate properties identified in the Housing Element allowing residential development
with a unit capacity, including second dwelling units, adequate to satisfy the City's share of the
regional housing need. In addition, both the RLM and RM Land Use designations have density
ranges suitable for housing for above-moderate income households according to the City of
Carlsbad's Housing Element. The proposed project density at 1.7 du/ac is consistent with the
proposed RLM (0-4 du/ac) General Plan Land Use designation. While the proposed General
Plan Land Use designation change from RM to RLM and the proposed subdivision will result in
12.4 dwelling units less than that anticipated by the Housing Element, the City has adequate land
available in the above-moderate land use density categories to adequately accommodate the
City's share of the regional housing needs for the above-moderate income group pursuant to
Government Code Section 65584.
In addition to the above, the project complies with all elements of the General Plan as illustrated
in Table A below:
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TABLE A - GENERAL PLAN COMPLIANCE
ELEMENT
USE, CLASSIFICATION,
GOAL, OBJECTIVE OR
PROGRAM
PROPOSED USES &
IMPROVEMENTS COMPLY
Land Use The project site as proposed
will be designated RLM
(Residential Low-Medium
Density). RLM anticipates
one-family dwellings at a
density of 0-4 du/ac with a
GMCPof3.2du/ac.
Five (5) single-family lots are
proposed for future construction
of detached one-family
dwellings.
The project's density of 1.7
du/ac is within the RLM density
range of 0-4 du/ac, and does not
exceed the GMCP of 3.2 du/ac.
Yes
Housing Provision of affordable
housing.
The project is conditioned to
pay an affordable housing in-
lieu fee per dwelling unit in
order to provide their
proportionate share of
affordable housing.
Yes
Public Safety Review new development
proposals to consider
emergency access, fire
hydrant locations and fire
flow requirements.
The project includes or has been
conditioned to provide facilities
to ensure that the development
proposal complies with public
safety requirements.
Yes
Open Space &
Conservation
Minimize environmental
impacts to sensitive resources
within the City.
The project does not impact any
sensitive resources.
Yes
Utilize Best Management
Practices for control of storm
water and to protect water
quality.
The project has been designed in
accordance with the City's
Stormwater regulations. It has
been conditioned to implement
Best Management Practices
(BMP) for water quality
protection, to comply with the
City of Carlsbad Standard Urban
Stormwater Mitigation Plan
(SUSMP), Order R9-2007-0001
issued by the San Diego Region
of the California Regional Water
Quality Control Board and with
the City of Carlsbad Municipal
Code.
Yes
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TABLE A - GENERAL PLAN COMPLIANCE CONTINUED
ELEMENT
USE, CLASSIFICATION,
GOAL, OBJECTIVE OR
PROGRAM
PROPOSED USES &
IMPROVEMENTS COMPLY
Noise Residential exterior noise
standard of 60 dB(A) CNEL
and interior noise standard of
45 dB(A) CNEL.
An Acoustical Site Assessment
was prepared for the project.
According to the report, the
project site is impacted by
traffic noise originating from
Poinsettia Lane. No exterior
mitigation is required since all
proposed noise sensitive areas
will not exceed the residential
exterior noise standard threshold
of60dB(A)CNEL. However,
the project has been conditioned
in the form of a mitigation
measure to require an interior
noise analysis prior to the
issuance of building permits for
the construction of any future
homes on Lots 3, 4, & 5 to
ensure compliance with the
interior noise standard of 45
dB(A) CNEL.
Yes
Circulation Require new development to
construct all roadways needed
to serve the development.
All roadways (including curb,
gutter, and sidewalk) needed to
serve the development will be
dedicated and constructed prior
to, or concurrent with, site
development. The proposed
circulation system is designed to
provide access to each of the
proposed lots and complies with
all applicable City design
standards.
Yes
B. One-Family Residential (R-l) Zone (Chapter 21.10 of the Carlsbad Municipal Code)
The project site is presently zoned Residential Density-Multiple with a Qualified Development
Overlay (RD-M-Q) and Limited Control (L-C). The L-C Zone designation is given to previously
annexed properties and is an interim zone for areas where plans for development have not yet
been formalized. As part of this project, a Zone Change from RD-M-Q and L-C to One-Family
Residential (R-l) is being proposed. This will result in the Zoning for the site being consistent
with the proposed General Plan and LCP Land Use designation of RLM. The proposed Zoning
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is also consistent with the existing R-l Zoned properties to the east. The proposed project meets
or exceeds all applicable requirements of the R-l Zone as demonstrated in Table B below:
TABLE B - R-l ZONE COMPLIANCE
STANDARD
Lot Size
Lot width
REQUIRED
minimum 7,500 sq. ft.
60 ft. (measured at front
setback)
33 ft. for cul-de-sac lots
(measured at right of way)
PROPOSED
10,094 to 19,3 13 sq.ft.
60 ft. or greater (measured at
front setback)
33 ft. or greater (measured at
right-of-way)
COMPLY
Yes
Yes
C. Zone 20 Specific Plan (SP 203)
The project site is located within an area subject to the Zone 20 Specific Plan (SP 203). SP 203
provides a framework for the development of the vacant properties within Zone 20 to ensure the
logical and efficient provision of public facilities and community amenities for the future
residents of Zone 20. The project is specifically located within Planning Area D of SP 203,
which is composed of two General Plan Land Use designations (RLM and RM) and is generally
separated by a meandering ridge line running the length of the planning area in a north-south
direction. Land east of the ridgeline is required to be designated RLM and land west of the
ridgeline is required to be designated RM. The project site is located directly on the ridgeline as
it falls away to the west and therefore carries an RM designation. However, as discussed above
in Section "A", because of the topographic constraints of the site a lower intensity development
would be more appropriate. Therefore, the project is proposing an amendment to SP 203 in the
form of a map change to Exhibit 3 - General Plan (Pg. 7 of SP 203) and a text change to Section
E.2.a (Pg 115 of SP 203) to reflect the proposed land use change from RM to RLM and thus
bring SP 203 into conformance with the General Plan (See Attachment No. 4 for specific
language).
The project will be proposing fewer dwelling units than were originally anticipated by the Zone
20 Specific Plan, therefore no impacts on City facilities will result from the project.
In addition to land use compatibility, the project is compatible with all other provisions of SP
203 as demonstrated below in Table C:
TABLE C - ZONE 20 SPECIFIC PLAN REQUIREMENTS
STANDARD
Affordable Housing
REQUIRED
Smaller residential
developments (6 units or
less) shall contribute a fee
in-lieu of providing on-
site affordable housing.
PROPOSED
The project has been
conditioned to pay the
inclusionary housing in-
lieu fee (see Planning
Commission Resolution
No. 6619).
COMPLY
Yes
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TABLE C - ZONE 20 SPECIFIC PLAN REQUIREMENTS CONTINUED
STANDARD
RV Parking
Special Design Criteria
REQUIRED
25% of the lots with
adequate side yards to
accommodate RV
parking. This side yard
shall have a minimum
level area of 200 sq. ft.
with a minimum
dimension of 1 0 ft.
(25% of 5 = 1.25)
2 spaces required.
An average 50 foot,
landscape setback from
Poinsettia Lane shall be
provided concurrent with
development.
PROPOSED
The project has been
conditioned to provide 2
lots with adequate side
yards to accommodate RV
storage (see Planning
Commission Resolution
No. 6619).
The proposed single-family
lots maintain an average 50
foot landscape setback
from Poinsettia Lane.
COMPLY
Yes
Yes
D. Inclusionary Housing (Chapter 21.85 of the Carlsbad Municipal Code)
Since the application is proposing less than 7 dwelling units, Chapter 21.85 (Inclusionary
Housing Ordinance) allows the applicant to pay an inclusionary housing in-lieu fee for each
dwelling unit in lieu of providing 15% of the total residential units as affordable to lower income
households. A condition requiring the payment of in-lieu fees has been included in Planning
Commission Resolution No. 6619.
E. Subdivision Map Act and the City of Carlsbad Subdivision Regulations (Title 20 of
the Carlsbad Municipal Code)
The Engineering Department has reviewed the proposed tentative tract map and has concluded
that the subdivision complies with all applicable requirements of the Subdivision Map Act and
the City's Subdivision Ordinance. All major subdivision design criteria have been complied
with and the project is conditioned to install infrastructure improvements concurrent with
development. The developer will be required to offer various dedications (e.g., drainage, public
utility) and will be responsible for a number of public and private improvements, including but
not limited to curbs, gutters, sidewalks, sewer facilities, drainage facilities, water line facilities,
fire hydrants, and street lights.
The project has been designed in accordance with the City's Stormwater regulations. It has been
conditioned to implement Best Management Practices (BMP) for water quality protection, to
comply with the City of Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order
R9-2007-0001 issued by the San Diego Region of the California Regional Water Quality Control
Board and with the City of Carlsbad Municipal Code.
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Mello II Segment of the Local Coastal Program, and Coastal Resource Protection Overlay
Zone (Chapter 21.203 of the Carlsbad Municipal Code)
The project site is located within the Mello II Segment of the Local Coastal Program.
Development of the site is also subject to and is consistent with the requirements of the Coastal
Resource Protection Overlay Zone. One of the primary requirements of the applicable coastal
regulations pertains to the conversion of agricultural land to urban use. No agricultural uses
currently exist on the site, and the project site is not identified as Map X "Designated Coastal
Agricultural Lands." The project is further consistent with the policies of the Coastal Act in that,
a) the site is geologically stable; b) the project has been designed to reduce the amount of runoff
off-site through the use of Low Impact Development (LID) design features and has been
conditioned to implement the National Pollution Discharge Elimination System (NPDES)
standards; c) the project does not preclude any recreational opportunities or shoreline access as
the property is located approximately 1.3 miles from the Batiquitos Lagoon and Pacific Ocean
and therefore no coastal access area or water oriented recreational activities exist on or near the
site; and d) the development does not obstruct views of the coastline as seen from public lands or
public rights-of-way.
The development is subject to the Coastal Resource Protection Overlay Zone (Chapter 21.203 of
the Carlsbad Municipal Code). The Coastal Resource Protection Overlay Zone identifies five
areas of protection: a) preservation of steep slopes and vegetation; b) drainage, erosion,
sedimentation, and habitat; c) landslides and slope instability; d) seismic hazards, and e)
floodplain development. The project's compliance with each of these areas of concern is
discussed below:
a. Preservation of Steep Slopes and Vegetation. Natural slopes greater than 25% gradient
and possessing endangered plant/animal species and/or coastal sage scrub and chaparral
plant communities are considered "dual criteria" slopes and are protected in the coastal
zone. Topographic and vegetation analysis was prepared for the project. The 2.9 acre
project site is considered extensively disturbed and supports 0.9-acres of
Disturbed/Graded Area, 0.1-acres of Developed/Paved Area, and 1.9-acres of previously
disturbed Landscaped Area. The project site does not contain any natural slopes greater
than 25% gradient, nor any "dual criteria" slopes.
b. Drainage, Erosion, Sedimentation, Habitat. Topographic and vegetation analysis was
prepared as part of the project. Habitat boundaries were identified, and as discussed
above, no sensitive habitats exist on the project site. A Preliminary Hydrology Study and
Preliminary Storm Water Management Plan (SWMP) were prepared for the project.
According to these reports, the proposed project will slightly alter the drainage patterns
on the site by re-directing some of the existing runoff from Poinsettia Lane to the on-site
proposed public street. The two drainage systems merge near the intersection of
Poinsettia Lane and Batiquitos Drive, which is approximately 0.5 miles from the site. No
streams or rivers are present on the site and therefore will not be affected. The total post
development runoff discharged from the site exceeds the pre-development amounts by
less than two (2) cubic feet per second (cfs). All runoff discharges into existing improved
drainage structures, and will therefore not cause substantial erosion or flooding. To
address water quality for the project, Best Management Practices (BMPs) will be
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implemented during construction activities and post-construction development.
Pollutants of concern are being addressed through site design, source control, and
treatment control BMPs. Landscaping of slopes, consisting of both native and non-native
plants, will be utilized to reduce erosion. Riprap placed in locations of storm drain
outfalls will be used to reduce velocities. Treatment control BMPs, such as landscaping
and bio-filtration swales will address any water quality concerns.
c. Landslides and Slope Instability. A Preliminary Geotechnical Investigation was prepared
for the project. According to the report, the project site is underlain by sedimentary
bedrock units of the Eocene Age mantled by a thin soil cover of Topsoil/colluvium with
some artificial fill located in the southern portion of the site. Groundwater was not
detected during any of the test excavations performed onsite; and no evidence of
landslides or other forms of geologic slope instability was discovered.
d. Seismic Hazards. According to the Preliminary Geotechnical Investigation that was
prepared for the project, there are no active or potentially active faults known to exist on
or in the vicinity of the project site, no significant shear zones were indicated on or near
the proximity of the project site; and liquefaction or other ground rupture failures are not
anticipated.
e. Flood Plain Development. The lowest proposed pad elevation is 275 ft. AMSL. No part
of the site is within the 100 year floodplain.
The proposed LCPA is necessary to change the LCP Land Use designation on the property from
RM (4-8 du/ac) to RLM (0-4 du/ac), and to change the LCP Zoning designation on the property
from RD-M-Q and L-C to R-l. The proposed LCP Land Use and Zoning changes are consistent
with the project's proposed General Plan Land Use and City Zoning designation changes.
Furthermore, the development of five (minimum 7,500 square foot lots) single-family residential
lots at a density of 2.3 du/ac is consistent with the proposed LCP Land Use and Zoning
designations.
A six-week LCPA public notice of availability period was required for the project, and was
provided between April 10, 2009 and May 22, 2009. No comments were received during this
period or up to the date of preparation of this report.
F. Hillside Development Regulations (Chapter 21.95 of the Carlsbad Municipal Code)
The proposed project involves development over sloping topography with an elevation grade
change greater than 15 feet and slopes equal to or greater than 15% gradient. Therefore, the
project is subject to the Hillside Development Regulations, Chapter 21.95 of the Zoning
Ordinance. Hillside conditions of the project have been properly identified on the constraints
map, which show existing and proposed conditions and slope percentages. The project site
contains two areas of slopes over 40% inclination. These consist of manufactured 2:1 slopes
along the south and west perimeters of the project site, which were created as a result of road
improvements for the development of Poinsettia Lane and a private driveway that was created as
part the development of the surrounding subdivision (CT 98-14). The site does not contain any
natural slopes greater than 40%, or any "dual criteria" slopes, which are defined as natural slopes
GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06-03/CT 06-15/CDP 06-22/HDP 06-05 - TABATA
RANCH
August 5, 2009
Page 12
greater than 25% gradient and possessing endangered species and/or coastal sage scrub and
chaparral plant communities within the Coastal Zone. The entire 2.9-acre site is therefore
considered developable per the Hillside Ordinance and Coastal Resource Protection Overlay
Zone.
The project includes grading over 2.41-acres of the 2.9-acre site. The proposed grading results in
an estimated 19,600 cubic yards (CY) of cut, 2,400 CY of fill, 1,000 CY of remedial grading,
and 17,200 CY of export. The resulting grading volume of 8,132 cubic yards per acre (CY/AC)
is identified by the Hillside Development Regulations as being within the "potentially
acceptable" range (8,000 - 10,000 CY/AC). Applications proposing grading volumes within the
"potentially acceptable" range are required to submit written justification for the amount of
grading, which is summarized below. The primary reason for the proposed grading volumes in
excess of the "acceptable" range (0 - 7,999 CY/AC) is because of the site's significant
topographic constraints (i.e., an average slope gradient of 21% and a grade change of 55 feet
across the site from east to west) and the fact that the existing points of access (i.e. Lemon Leaf
Drive (305 feet AMSL) and Lonicera Street (250 feet AMSL)) are located at these extreme
elevation differentials. Otherwise, consistent with the Hillside Ordinance, the proposed lots are
terraced and designed with split pads to follow the existing topography; the project does not
propose any manufactured slopes exceeding 40 feet in height; and all manufactured slopes will
be landscaped and screened in accordance with the Hillside Development and Design Guidelines
Exhibits 13 and 14 and also the City of Carlsbad's Landscape Manual. Staff recommends
support of the proposed grading plan, and concurs with the applicant's justification for the
proposed "potentially acceptable" grading volume of 8,132 CY/AC.
G. Habitat Preservation and Management Requirements (Chapter 21.210 of the
Carlsbad Municipal Code)
The City of Carlsbad's HMP identifies the 2.9-acre project site as a Development Area, which is
not located adjacent to or near any Standards Area or Existing/Proposed Hardline Preserve
Areas. A habitat assessment of the project site was prepared in accordance with the HMP. The
site was identified as being extensively disturbed and supporting 0.9-acres of Disturbed/Graded
Area, 0.1-acres of Developed/Paved Area, and 1.9-acres of Landscaped Area. No native or
wetland habitats or natural drainage areas were observed on the project site or within the vicinity.
Pursuant to the HMP, the project has been conditioned to pay in-lieu fees for impacts to 0.9-acres
of Disturbed Lands (Group-F Habitat), which has been included in Planning Commission
Resolution No. 6619 (Condition No. 19). No mitigation is required for impacts to the existing
landscaped areas or the developed/paved areas.
H. Growth Management Ordinance (Chapter 21.90 of the Carlsbad Municipal Code)
and Zone 20 Local Facilities Management Plan
The proposed project is located within Local Facilities Management Zone 20 in the southwest
quadrant of the City. The impacts on public facilities created by the project, and its compliance
with the adopted performance standards, are summarized in Table D below.
GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06-03/CT 06-15/CDP 06-22/HDP 06-05 - TABATA
RANCH
August 5, 2009
Page 13
TABLE D - GROWTH MANAGEMENT COMPLIANCE
STANDARD
City Administration
Library
Waste Water Treatment
Parks
Drainage
Circulation
Fire
Open Space
Schools (Carlsbad)
Sewer Collection System
Water
IMPACTS
17.38 sq.ft.
9.27 sq. ft.
5EDU
0.03 acres
5 CFS / Drainage Basin "D"
50ADT
Fire Station 4
Acres Provided = 0.7 acres
Elementary =1.5
Middle School = .5575
High School - .4755
5EDU
2,750 GPD
COMPLY
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
The proposed project is 12.4 units below the Growth Management Control Point (GMCP) for
RM properties. The unit yield of the property at the RM GMCP (6 du/ac) is 17.4 dwelling units
and 5 units are proposed.
V. ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection
Ordinance (Title 19) of the Carlsbad Municipal Code, staff has conducted an environmental
impact assessment to determine if the project could have any potentially significant impact on
the environment. The environmental impact assessment identified potentially significant impacts
to cultural resources and noise, and mitigation measures have been incorporated into the design
of the project or have been included as conditions of approval for the project such that all
potentially significant impacts have been mitigated to below a level of significance.
Consequently, a Notice of Intent to adopt a Mitigated Negative Declaration (MND) and
Mitigation Monitoring and Reporting Program (MMRP) was published in the newspaper for
review and comment with copies also sent directly to the California Coastal Commission (CCC).
No comments were received during the 20-day public review period from April 11, 2009 to May
1, 2009. However, subsequent to the circulation of the MND and MMRP, a Specific Plan
Amendment (SP 203(C)) was added as part of the project on June 9, 2009 in order to bring the
Zone 20 Specific Plan into compliance with proposed land use change. An addendum therefore
has been prepared in accordance with Section 15164 of CEQA to include the addition of SP
203(C) as a part of the project description. This addition has no new significant environmental
effects not analyzed in the previously circulated MND, and none of the circumstances requiring
recirculation or a subsequent Mitigated Negative Declaration under CEQA Guidelines Section
15162 exist.
ATTACHMENTS:
1. Planning Commission Resolution No. 6614 (MND)
2. Planning Commission Resolution No. 6615 (GPA)
GPA 07-05/ZC 06-04/SP 203(C)/LCPA 06-03/CT 06-15/CDP 06-22/HDP 06-05 - TABATA
RANCH
August 5, 2009
Page 14
3. Planning Commission Resolution No. 6616 (ZC)
4. Planning Commission Resolution No. 6617 (SPA)
5. Planning Commission Resolution No. 6618 (LCPA)
6. Planning Commission Resolution No. 6619 (CT)
7. Planning Commission Resolution No. 6620 (CDP)
8. Planning Commission Resolution No. 6621 (HDP)
9. Location Map
10. Background Data Sheet
11. Local Facilities Impact Assessment Form
12. Disclosure Statement
13. Reduced Exhibits
14. Full Size Exhibits "A" - "I" dated August 5, 2009
\
SITEMAP
NOT TO SCALE
Tabata Ranch
GPA 07-05 / ZC 06-04 / SP 203(C) / LCPA 06-03 /
CT 06-15 / CDP 06-22 / HDP 06-05
BACKGROUND DATA SHEET
CASE NO: GPA 07-05/ZC 06-04/SP 203CCVLCPA 06-03/CT 06-15/CDP 06-22/HDP 06-
05
CASE NAME: TABATA RANCH
APPLICANT: Noboru & Evelyn Tabata
REQUEST AND LOCATION: Request for a recommendation of adoption of a Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum; a
recommendation of approval for a General Plan Amendment, Zone Change. Specific Plan and
Local Coastal Program Amendment: and a request for approval of a Tentative Tract Map,
Coastal Development Permit, and Hillside Development Permit for the demolition of an existing
single-family home, and for the subdivision and grading of a 2.9-acre site into eight lots (5
residential and 3 open space lots) on property generally located on the north side of Poinsettia
Lane at the .westernmost terminus of Lemon Leaf Drive within the Mello II Segment of the Local
Coastal Program and Local Facilities Management Zone 20.
LEGAL DESCRIPTION: Real property in the City of Carlsbad. County of San Diego, State of
California, described as follows:
Parcel 1A:
That portion of the east 264.14 feet of the west 1A of the northeast 1A of the northeast 1A of Section
28. Township 12 south, Range 4 west, San Bernardino Base and Meridian, in the County of San
Diego, State of California, according to official plat thereof, lying northerly of the north line of
the south 15 acres of said west '/2.:
Excepting from the above east 264.14 feet of said land, the south 184.47 feet thereof;
Also excepting the east 28.00 feet and the north 30.00 feet thereof;
Parcel IB:
The northerly 30.00 feet of the easterly 264.14 feet of the west ¥2 of the northeast 1A of the
northeast 1A of Section 28, Township 12 south. Range 4 west, San Bernardino Base and
Meridian, in the County of San Diego. State of California, according to United States
Government Survey, together with that portion of the easterly 28.00 feet of said west 1A lying
northerly of the northerly line of the southerly 15.00 acres of said west !/2;
Excepting from said easterly 28.00 feet, the northerly 30.00 feet and southerly 184.47 feet
thereof;
Parcel 2:
The southerly 184.47 feet of that portion of the easterly 264.14 feet of the westerly '/2 of the
northeast 1A of the northeast % of the Section 28. Township 12 south. Range 4 west. San
Bernardino Meridian, in the County of San Diego. State of California, according to the official
plat thereof, lying northerly of the northerly line of the southerly 15 acres of said west Vz\
Revised 01/06
Excepting therefrom;
That portion of Section 28. Township 12 south, Range 4 west. San Bernardino Meridian, in the
City of Carlsbad, County of San Diego, California, described as follows:
CommencinR at the northeast corner of said section; thence south 00° 34' 18" west 111.22 feet
along the east line of said section, thence south 72° 47' 00" west 389.27 feet to the beginning of a
tangent curve concave southeasterly, having a radius of 1651.00 feet; thence southwesterly along
said curve 339.30 feet through a central angle of 11° 46' 30" to a point of the easterly line of the
land conveyed to Marvin and Margaret Penelope Porter by deed recorded September 3, 1986 as
Document No. 86-385614 of official records, being the south 184.47 feet of the east 264.14 feet
of the north 5 acres of the west !/2 of the northeast !4 of the northeast 1A of said section, a radial
line of said curve to said point bears north 28° 59' 30" west; said point also being the point of
beginning of this description; thence continuing southwesterly along said curve 53.61 feet
through central angle of 01° 51' 37" to a point on the northerly line of the south 15.00 acres of
the west '/2 of said northeast 1A of the northeast %; thence south 89° 03' 23" east along said
northerly line of 46.21 feet to said easterly line of the land herein described: thence north 00° 32'
47" east along said easterly line 27.50 feet to the point of beginning of this description.
Parcel 3:
Lot 35, Citv of Carlsbad Tract No. CT 98-14-02. in the City of Carlsbad. County of San Diego.
State of California, according to map thereof No. 14773, filed in the Office of the County
Recorder of San Diego County, April 29, 2004, and Certificate of Correction recorded
September 14, 2006 as Instrument No. 2006-0655516 of official records;
APN(s): 214-630-20. 214-631-20 & 21 Acres: 2.9 acres
Proposed No. of Lots/Units: 8 lots (5 residential and 3 open space lots) / no units proposed
GENERAL PLAN AND ZONING
Existing Land Use Designation: RM
Proposed Land Use Designation: RLM
Density Allowed: 4 du/ac Density Proposed: L7 du/ac
Existing Zone: RD-M-O/L-C Proposed Zone: R-l
Surrounding Zoning, General Plan and Land Use:
General Plan Current Land Use
Site RD-M-Q/L-C RM Vacant/SF Home
North RD-M-Q RM Detached SF Homes
South Transportation Corridor Transportation Corridor Poinsettia Lane
East R-l-Q RLM Detached SF Homes
West RD-M-Q RM Detached SF Homes
Revised 01/06
LOCAL COASTAL PROGRAM
Coastal Zone: IXI Yes I I No Local Coastal Program Segment: Mello II
Within Appeal Jurisdiction: I I Yes [X] No Coastal Development Permit: IXI Yes I I No
Local Coastal Program Amendment: 1X1 Yes [~] No
Existing LCP Land Use Designation: RM Proposed LCP Land Use Designation: RLM
Existing LCP Zone: RD-M-O/L-C Proposed LCP Zone: R-l
PUBLIC FACILITIES
School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): 5 EDU
ENVIRONMENTAL IMPACT ASSESSMENT
Categorical Exemption,
1X1 Mitigated Negative Declaration, issued April 11, 2009, and Addendum, dated July 8,
2009.
I | Certified Environmental Impact Report, dated
D Other,
Revised 01/06
CITY OF CARLSBAD
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMENT FORM
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO: Tabata Ranch - GPA 07-05/ZC 06-04/SP 203(CVLCPA 06-03/CT 06-
15/CDP 06-22/HDP 06-05
LOCAL FACILITY MANAGEMENT ZONE: 20 GENERAL PLAN: RM
ZONING: RD-M-0 and L-C
DEVELOPER'S NAME: Noboru & Evelyn Tabata
ADDRESS: 6692 Lemon Leaf Dr.. Carlsbad. CA 92011
PHONE NO.: (760)754-1900 ASSESSOR'S PARCEL NO.: 214-630-20, 214-631-20 & 21
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 2.9 acres
ESTIMATED COMPLETION DATE: Unknown
A. City Administrative Facilities:
B. Library:
C. Wastewater Treatment Capacity
(Calculate with J. Sewer)
D. Park:
E. Drainage:
F. Circulation:
Demand in Square Footage
Demand in Square Footage
G.
H.
I.
J.
K.
L.
Fire:
Open Space:
Schools (Carlsbad Unified):
Sewer (Carlsbad):
Water (Carlsbad):
Demand in Acres =
Demand in CFS =
Identify Drainage Basin =
Demand in ADT =
Served by Fire Station No.
Acreage Provided :
Elementary School =
Middle School =
High School =
Demands in EDU =
Demand in GPD =
17.38 sq.ft.
9.27 sq. ft.
5 EDU
0.03 acres
5CFS
Basin "D"
50 ADT
0.07 acres
L5
.5575
.4755
5 EDU
2,750 GPD
The project is 12.4 units below the Growth Management Dwelling unit allowance.
GMCP Unit Yield (17.4 units) - Total Dwelling Units Proposed (5 units) = 12.4 excess
dwelling units)
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 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 st/js?^*.^ T^gd-fd Corp/Part _
Title £ Sg: /, y/<S s%&47'<9 Title _
Address ^ <?Z- x^<g>4W /-£>^/^ S)tf 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, 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 - Corp/Part
Title _ Title
Address Address
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us
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 $250 worth of business transacted with any member of City staff,
Boards, Commissions, Committees and/or Council within the past twelve (12) months?
Yes 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 applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2
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