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HomeMy WebLinkAboutHDP 98-19; Hadley Property; Hillside Development Permit (HDP)h - A REPORT TO THE PLANNING COMMISSION ‘1 fie City of Carlsbad Planning Department @& P.C. AGENDA OF: July 7, 1999 Application complete date: July 7, 1999 Project Planner: Van Lynch Project Engineer: Clyde Wickham SUBJECT: ZC 98-10/LCPA 98-07/CT 98-17/HDP 98-17ICDP 98-74 - HADLEY PROPERTY - Request for a recommendation of approval of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, a Zone Change and Local Coastal Program Amendment to change the land use designations fiom Limited Control (L-C) to One-family Residential, 7,500 square foot minimum lot size, Qualified Development Overlay Zone (R-1-7,500 - Q) on a 14.7 acre property. This request includes a Tentative Tract Map to create 37 residential lots and one open space lot, a Hillside Development Permit, and a Coastal Development Permit located on the east side of Black Rail Road and south of future Poinsettia Lane in Local Facilities Management Zone 20. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 4573, 4574, 4575, 4576, 4577, and 4578 RECOMMENDING APPROVAL of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Zone Change (ZC 98-10), Local Coastal Program Amendment (LCPA 98-07), Tentative Tract Map (CT 98-17), Hillside Development Permit (HDP 98-17), and Coastal Development Permit (CDP 98-74), based on the findings and conditions contained therein. 11. INTRODUCTION .The proposed project is for the creation of a 38-loU37-unit single-family residential subdivision on a vacant parcel on the east side of Black Rail Road, south of future Poinsettia Lane and north of Aviara Parkway. The 37 single-family lots vary in size fiom the 7,500 square foot minimum to 15,810 square feet. One 5.45 acre open space lot containing constrained lands and sensitive habitat is proposed on the eastern portion of the property. The applicant is requesting approval to purchase 6.5 affordable housing credits in the Villa Loma housing project to satisfy the affordable housing requirements of the City’s Inclusionary Housing Ordinance. The project requires a zone change and Local Coastal Program Amendment to change the zoning and coastal program land use designation from L-C to R-1-7,500-Q. In addition, a Tentative Tract Map, Hillside Development Permit, and Coastal Development Permit are required. The project complies with City standards and all necessary findings can be made for the approvals being requested. The Zone Change and Local Coastal Program Amendment require City Council approval, as do the other applications since a panhandle lot is being proposed. ZC 98-10/LCPA 98-07/C’l 98-17/HDP 98-17/CDP 98-74 - HADLb 1 PROPERTY July 7, 1999 Page 2 111. PROJECT DESCRIPTION AND BACKGROUND The 14.7 acre project site is located within the Zone 20 Specific Plan and Local Facilities Management Zone 20. It is bordered to the north by vacant agricultural land and native habitat, to the east by open space within Planning Area 22 of Aviara Phase 111, to the south by a graded portion of Docena Road (access road to Planning Area 22 of Aviara Phase I11 and vacant agricultural land), and Black Rail Road to the east. Topographically, the western quarter of the site gently slopes westward and the remaining eastern three-quarters slopes gently eastward to the top of the descending, north- and east-facing natural slope. The elevation across the site is on the order of 110 feet, with the existing natural slope varying up to 50 feet in height. The gently sloping portions of the site have been disced and used for agricultural purposes. Below is a table that summarizes the impacts to the various plant communities onsite. Plant Community 4 .32 3.68 Southern Maritime Existing Acreage Direct Impacts Open Space Chaparral Coast Live Oak 0.2 0 0.2 Riparian Forest Disturbed or 10.5 9.8 0.7 Agricultural Habitat Totals 14.7 10.12 4.58 The Hadley property is located within Core Area 6 of the Carlsbad Draft HMP and has been designated for preservation and the provision of habitat for Linkage F. On an overall project- level basis, the property is preserving 31 percent in open space, with the native habitats onsite proposed to receive approximately 92 percent preservation, which far exceeds the standards set by the HMP. The proposed project meets the project-level conservation requirements outlined by the Draft Carlsbad HMP: the project does not preclude the functioning of preserve linkages due to the preserve design; 92 percent preservation of the southern maritime chaparral; there is no loss of the coast live oak riparian forest habitat or coastal sage scrub; and the project has been designed to avoid and minimize impacts to sensitive habitats and species. Thus, the proposed project is consistent with the Draft Carlsbad HMP. The proposed Zone Change and Local Coastal Program designations are necessary to change the Limited Control (L-C) designation of the property to One-Famtly Residential, 7,500 square foot lot size minimum, Qualified Development Overlay Zone (R-1-7,500 - Q) to implement the Residential Low-Medium (RLM) General Plan designation. As shown on Exhibits “A” through “D”, the 37 residential lots will all be 7,500 square feet or larger. Access to the project site is via Black Rail Road and by a connection, Street “B”, to Docena Road from Carlsbad Tract 92-3, Planning Area 22 in Aviara Phase 111. The lots will take access off a proposed public Street “A” which is both a through and cul-de-sac street. Lot 12 is proposed as a panhandle lot since a lot with a standard lot width of sixty feet would exceed the 3:l lot depth to width ratio. At this point there are no building plans or elevations proposed for the subdivision. The Q- Overlay requires the approval of a Site Development Plan by the Planning Commission prior to building permit issuance. The wildlife agencies have reviewed, and concur with, the environmental document which contains the required mitigation measures. I S ZC 98-1 O/LCPA 98-07/Cl 98-1 7/HDP 98-1 7/CDP 98-74 - HADLL: I PROPERTY July 7, 1999 IV. ANALYSIS The project is subject to the following plans, ordinances and standards: A. Residential Low-Medium Density (RLM) General Plan Land Use Designation; B. R-1-7,500, Qualified Development Overlay Zone (R-1-7,500-Q) Zone Regulation; C. Zone 20 Specific Plan (SP 203); D. Mello I1 Segment of the Local Coastal Program, the Coastal Agriculture Overlay Zone, E. Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code); F. Hillside Development Ordinance (Carlsbad Municipal Code Chapter 21.95); G. Inclusionary Housing Ordinance (Carlsbad Municipal Code Chapter 21.85); and H. Growth Management Regulations (Local Facilities Management Zone 20). and the Coastal Resource Protection Overlay Zone; 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 detail in the sections below. A. General Plan The General Plan designation for the project site is Residential Low-Medium (RLM). The surrounding properties in Zone 20 are General Plan designated RLM as shown on the attached Exhibit ‘X“. This designation allows single-family residential development at a range of 0-4 dwelling units per acre (ddac). The RLM range has a Growth Control Point of 3.2 du/ac. .The density of the proposed single-family subdivision is 2.9 ddac. The constrained portion of the site (Lot Number 38), which includes native vegetation, will be preserved in open space. The project complies with all elements of the General Plan as illustrated in Table A below: Table A - GENERAL PLAN COMPLIANCE CLASSIFICATION, IMPROVEMENTS GOAL, OBJECTIVE OR PROGRAM Residential Low- 2.9 ddac. Medium at 3.2 ddac. affordable housing affordable housing ELEMENT COMPLY? PROPOSED USES & USE, Land Use Yes Single-family lots at Site is designated for Housing Yes The purchase of 6.5 Provision of credits in Villa Loma ’ Public Safety Yes The project includes Reduce fire hazards to an acceptable level. measures such as fire suooression zones ZC 98- 1 OLCPA 98-07/CI ~8- 17/HDP 98-1 7/CDP 98-74 - HADLI: 1 PROPERTY July 7, 1999 Page 4 Open Space & Conservation Noise Circulation Minimize environ- mental impacts to sensitive resources within the City. Utilize Best Manage- ment Practices for control of storm water and to protect water quality. Residential exterior noise standard of 60 CNEL and interior noise standard of 45 CNEL. Require new development to construct roadway improvements needed to serve proposed development. Project will provide 4.58 acres of open space containing biological resources. Project will conform to all NPDES requirements. Project is not impacted by potential noise generating sources such as Poinsettia Ln. or Palomar Aimort. Project will provide roadway improvements including Street “A” and fkontage improvements for Black Rail Road and Street “B” at Docena Rd. Yes Yes Yes Yes B. R-1-7,500-Q Regulation The project site, part of a County island annexed in 1987, is currently zoned Limited Control (L-C). The L-C zone designation is given to annexed properties and is an interim zone for areas where planning for future land uses have not been completed or plans of development have not been formalized. Proposed as part of the project is a zone change from L-C to R-1-7,500-Q. This will result in the zoning for the site being consistent with the General Plan Land Use designations of RLM. The proposed zone is also compatible with the existing adjacent residentially zoned properties and probable future residential zones of the adjacent L-C zoned properties as shown on the attached Exhibit “X”. The proposed project meets or exceeds all applicable requirements of the R-1-7,500-Q Zone as demonstrated in Table B below. All lot sizes and lot widths meet or exceed the minimum requirements of the zone. The one panhandle lot results from the depth of the original lot increasing due to the adjacent property boundary. A standard lot with the minimum 60 foot frontage would exceed the 3:l lot depth to width ratio. The panhandle also serves to provide a future sewer easement and line to the adjacent property to the north. The panhandle lot will not preclude or adversely affect the ability to provide full public street access to other properties within the same block of the subject property as they all have public street frontage. The 10,340 square feet of buildable area exceeds the 8,000 square foot minimum. Exhibit “Y” depicts the lot configuration and the proposed development setbacks. ZC 98-10LCPA 98-07/CT ~8-17mDP 98-17/CDP 98-74 - HADLEY PROPERTY July 7, 1999 PaPe 5 All required setbacks, lot coverage, and building height for the zone will be determined by the Planning Department and Planning Commission during the review of the Site Development Plan required by the Qualified Development Overlay Zone (Q-Overlay), which is being included with the R-1 zone. Table B: R-1 ZONE COMPLIANCE I STANDARD I REQUIRED 1 PROPOSED Min. Lot Size 60 feet minimum 60 feet Min. Lot Width 7,500 Sq. ft. - 15,810 Sq. ft. 7,500 sq. ft. C. Zone 20 Specific Plan (SP 203) The project is within an area subject to the Zone 20 Specific Plan. The Zone 20 Specific Plan 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 complies with the following requirements of the Specific Plan as demonstrated in Table C below. D. Local Coastal Program The project site is located within Site I11 of the Mello I1 Segment of the Local Coastal Program. Development of the project site is also subject to, and consistent with, the requirements of the Coastal Agriculture Overlay Zone and the Coastal Resource Protection Overlay Zone. Approval of a Coastal Development Permit is required for the project. One of the primary requirements of the applicable coastal regulations pertains to the conversion of agricultural land to urban use. The project has been conditioned to ensure the payment of an agricultural conversion mitigation fee, which will mitigate the loss of agricultural resources by preserving or enhancing other important coastal resources. Slopes over 25 percent containing coastal sage scrub and chaparral are being preserved. The grading restrictions which apply in the coastal zone are proposed as conditions of the Coastal Development Permit. ZC 98-1 O/LCPA 98-07/CT 98- 17/HDP 98-1 7/CDP 98-74 - HADLE Y PROPERTY July 7, 1999 The Local Coastal Program Amendment (LCPA) is required to implement the proposed zone change from L-C to R-1-7,500-Q. The LCPA will result in the zoning and coastal land use designations for the site to be consistent. No comments were received during the required six week LCPA public notice. E. Subdivision Ordinance The Engineering Department has reviewed the proposed project 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 including the minimum lot depth of 90 feet, provision of public access, required street frontage, and minimum lot area. The project is consistent with and satisfies all requirements of the General Plan and Title 21. It is also compatible with surrounding land uses. The proposed R-1-7,500-Q Zone requires a minimum 7,500 square foot lot size. Each of the proposed lots meets or exceeds the minimum requirement. The developer will be required to offer various dedications (e.g., drainage easements, street right- of-way) and will be required to install street and utility improvements, including but not limited to, curbs, gutters, sidewalks, sewer facilities, drainage facilities, fire hydrants, and street lights. F. Hillside Development Ordinance The proposed development is planned for areas of the site that are predominately 0 - 8 percent slopes. The steep slope areas will be preserved within proposed Open Space Lot Number 38. The proposed project meets or exceeds all applicable requirements of the Hillside Development Ordinance that is currently effective in the coastal zone (old version) demonstrated in Table D below. Table D - HILLSIDE DEVELOPMENT COMPLIANCE STANDARD Preserved in Open Space Lot Preservation in Open Space Preservation of 40% Slopes PROPOSED REQUIRED Number 38 ~~~~~ ~~~~~ ~ Slope Height 4,090 cubic yardsiacre. Acceptable = 0 - 7,900 cubic Grading Volume 24 feet in worst case 30 Feet Maximum yards/ acre simulate the natural been contoured into the Contour Grading Manufactured slopes have Variety of slope direction to topography natural topography of the remaining undisturbed sloDes Slope Screening To be determined at time of Varies depending on building Slope Setback Combination of trees, shrubs Landscaping and ground cover height Site Development Plan ZC 98- 1 O/LCPA 98-07/CT 98-1 7/HDP 98- 17/CDP 98-74 - HADLE Y’ PROPERTY July 7, 1999 G. Inclusionary Housing Ordinance The City’s Inclusionary Housing Ordinance (Chapter 21.85) requires that a minimum of 15% of all approved units in any qualified residential subdivision be made affordable to lower income households. The inclusionary housing requirement for this project would be 6.5 dwelling units. The applicant is requesting to purchase 6.5 affordable housing credits in the Villa Loma housing project to satisfy the project’s affordable housing requirements. The City’s Housing Committee has approved the request to purchase affordable housing credits. H. Growth Management 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 E below. Table E: GROWTH MANAGEMENT COMPLIANCE I STANDARD I IMPACTS I COMPLIANCE City Administration Yes 37 EDU Waste Water Treatment Yes 68.6 sq. ft. Library Yes 128.6 sq. ft. Parks .26 acre Yes Drainage Basin D Yes Station No. 4 Fire Yes 370 ADT Circulation Yes Open Space Yes Carlsbad Unified Schools Yes 5.45 acres 10 elementary students 3 junior high students 5 high school students Sewer Collection System Yes 8 140 GPD Water Yes 37 EDU The proposed project is 3.0 units below the Growth Management dwelling unit allowance. V. ENVIRONMENTAL REVIEW The initial study (EIA-Part 11) prepared in conjunction with this project determined that some of the environmental effects which are peculiar to the property or to this project are considered direct significant and adverse impacts. The developer has agreed to add mitigation measures to the project to reduce those adverse effects to below a level of significance in accordance with the requirements of the California Environmental Quality Act (CEQA). The project’s direct significant effects include impacts to biological resources, hazards associated with potential agricultural chemical soil contamination, paleontological resources, archeological resources, and the Palomar Airport RoadEl Camino Real intersection. The wildlife agencies have reviewed the biological impacts of the proposed project and concur with proposed biological mitigation measures. The environmental documents for the project were also sent to the State Clearinghouse for circulation. Comments from the wildlife agencies have been incorporated into - - ZC 98-1 OLCPA 98-07/CT Y8-17/HDP 98-1 7/CDP 98-74 - HADLE, Y PROPERTY July 7, 1999 Page 8 the required mitigation measures. Mitigation measures are also proposed for the other significant adverse effects and are also listed in the EIA-Part 11. The City has received its annual Growth Management Traffic Monitoring Report. The Report has recorded an unanticipated intersection “level of service” (LOS) failure at Palomar Airport Road (PAR) and El Camino Real (ECR) during both the a.m. and p.m. peak hours. This potentially creates a changed circumstance negating reliance on previous environmental documentation. Pursuant to $1 5 162 of the CEQA Guidelines, a lead agency must prepare “subsequent” environmental documentation if substantial evidence (i.e., the recorded intersection failure) determines that a changed circumstance exists. However, case law has interpreted this section of the CEQA Guidelines to not require the preparation of a “Subsequent EIR” if mitigation measures are adopted which reduce the identified impacts to a level of insignificance. A mitigation measure has been identified which, if implemented, will bring the peak hours LOS into the acceptable range. The mitigation measure involves construction of two dual right turn lanes-northbound to eastbound and westbound to northbound. This project has been conditioned to pay its fair share of the intersection “short-term improvements,” thereby guaranteeing mitigation to a level of insignificance. The project is within the scope of the City’s Master Environmental Impact Report, which was utilized to address the project’s cumulative air quality and circulation impacts. Please see the Environmental Assessment Form-Part I1 for a detailed description of the mitigation measures and the expanded justification for the recommendation to approve the Mitigated Negative Declaration. In consideration of the foregoing, on April 1, 1999, the Planning Director issued a Mitigated Negative Declaration for the proposed project. ATTACHMENTS: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. VLeh Planning Commission Resolution No. 4573 (Mit. Neg. Dec.) Planning Commission Resolution No. 4574 (ZC) Planning Commission Resolution No. 4575 (LCPA) Planning Commission Resolution No. 4576 (CT) Planning Commission Resolution No. 4577 (HDP) Planning Commission Resolution No. 4578 (CDP) Location Map Access location exhibit Exhibit X - landuse and zoning consistency Exhibit Y - lot configuration and proposed development setbacks Background Data Sheet Local Facilities Impact Assessment Form Disclosure Statement Reduced Exhibit Full Size Exhibits “A” - “N’, dated July 7, 1999 HADLEY PROPERTY ZC 98-1 OILCPA 98-07lCT 98-1 71 HDP 98-1 7lCDP 98-74 ACCESS LOCATION EXHIBIT EXHIBIT “X” R-1-75004 LC* POINSETTIA LN I * PROPOSED CHANGE TO R-1-75004 ALL LABELED PROPERTIES HAVE LOW-MEDIUM DENSITY (RLM) GENERAL PLAN DESIGNATION HADLEY PROPERTY ZC 98-10 I” I ” - .““““-d!L- I I I 1 62’ 25’ , “A” STREET I I I I I I I I 1 75’ “4 BACKGROUND DATA SHEET CASE NO: ZC 98-10LCPA 98-07/CT98-17/HDP 98-17/CDP 98-74 CASE NAME: HADLEY PROPERTY APPLICANT: SPECTRUM COMMUNITIES REQUEST AND LOCATION: Zone change from L-C to R-1-7.500-0 and a Tentative Tract Map, Coastal Development Permit. and Hillside Develonment Permit for a 38 lot. 37 unit single- familv subdivision located east of Black Rail Rd. and south of future Poinsettia Ln. and north of Alga Rd. LEGAL DESCRIPTION: A Dortion of the south half of the southwest auarter of the southeast auarter of Section 22. Townshir, 12 south. Range 4 west. San Bernardino base and meridian. in the Countv of San Diego. State of California. according to the United States Government Survev. APN: 21 5-080-19-00 Acres: 14.7 Proposed No. of LotsAJnits: 38 lots/37 units GENERAL PLAN AND ZONING Land Use Designation: Residential Low-Medium (RLM) Density Allowed: 3.2 Density Proposed: 2.9 Existing Zone: Limited Control (L-C) Proposed Zone: R-1-7.500 - 0 Surrounding Zoning, General Plan and Land Use: Zoning General Plan Site L-c RLM North L-C RLM South L-C RLM East P-c RLM West L-C RLM Current Land Use Vacant Vacant Vacant Open Space Vacant PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 37 Public Facilities Fee Agreement, dated: Satember 28, 1998 ENVIRONMENTAL IMPACT ASSESSMENT Mitigated Negative Declaration, issued April 1. 1999 u Certified Environmental Impact Report, dated . u Other, c I? CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: HADLEY PROPERTY - ZC 98-10LCPA 98-07/CT98-17/HDP 98- 17ICDP 98-74 LOCAL FACILITY MANAGEMENT ZONE: 20 GENERAL PLAN: RLM ZONING: LC (PROPOSING R-1-7.500 - 0) DEVELOPER’S NAME: SPECTRUM COMMUNITIES ADDRESS: 15375 BARRANCA PKW. SUITE B-211. IRVINE. CA 92618 PHONE NO.: (949) 753-8400 ASSESSOR’S PARCEL NO.: 215-080-19-00 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 14.7 AC ESTIMATED COMPLETION DATE: UNKNOWN A. B. C. D. E. F. G. H. I. J. K. L. City Administrative Facilities: Demand in Square Footage = 128.6 Library: Demand in Square Footage = 68.6 Wastewater Treatment Capacity (Calculate with J. Sewer) 8 140 GPD Park: Demand in Acreage = .26 Drainage: Demand in CFS = 47.1 Identify Drainage Basin = D (Identify master plan facilities on site plan) Circulation: Demand in ADT = 370 (Identify Trip Distribution on site plan) Fire: Served by Fire Station No. = 4 Open Space: Acreage Provided = 4.58 Schools: Carlsbad (1 8 students) (Demands to be determined by staff) Sewer: Demands in EDU 37 Identify Sub Basin = J (Identify trunk line(s) impacted on site plan) Water: Demand in GPD = 8140 The project is 3.0 units below the Growth Management Dwelling unit allowance. .... .. ......... 1 .. ...~ ....... .: ............. :. . .......... .: ............ _:. ......... ... TENTATIVE MAP EXHIBIT HADLEY PROPERTY City Of Carlsbad, California