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.
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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
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ZC 98-1 O/LCPA 98-07/Cl 98-1 7/HDP 98-1 7/CDP 98-74 - HADLL: I PROPERTY
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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
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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
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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
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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.
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TENTATIVE MAP EXHIBIT HADLEY PROPERTY
City Of Carlsbad, California