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HomeMy WebLinkAboutV 344; Ukegawa; Variance (V)(- STAFF REPORT - iICATION SUBMITTAL DATE: N AT- - 'MBER 1, 1982 DATE : TO : FROM : SUBJECT: January 26, 1983 L - Planning Commission Land Use Planning Office CT 82-25/V-344 - UKEGAWA - Request for an eight lot tentative tract map with a variance for setback reductions on the south side of Palomar Airport Road, east of Laurel Tree Lane in the PM-Q zone, I. RECOMMENDATION It is recommended that the Planning Commission APPROVE the Negative Declaration issued by the Land Use Planning Manager and ADOPT Resolution Nos, 2073 and 2074, APPROVING CT 82-25/V-344 based on the findings and subject to the conditions contained therein. 11. PROJECT DESCRIPTION The applicant proposes to divide a 13.89 acre lot located as described above, into eight lots, seven of which will be buildable. The eighth lot will consist of steep slopes'which will be left in their natural state. The seven buildable lots created by this subdivision will vary in size from 1 to 1.84 acres in size. The road previously approved for CT 82-4, Birtcher, (see map attached), will be extended through this property to the existing alignment of Laurel Tree Lane. All of the lots created by this subdivision will obtain access from this frontage road. The construction of the proposed frontage road will make all of the lots created by this subdivision through-lots. The zoning requirements of the P-M zone, in which this property is located, would require a 30' setback from the frontage road. The applicant feels that this 30' setback along with the required 50' setback from Palomar Airport Road would make it very difficult to develop the narrow easterly portion of the property. In order to make lot 7 economically developable the applicant is requesting a variance to reduce the frontyard setback from 50' to 40' for lot 7 and a reduction of the frontage road setback from 30' to 10' for the easterly 225' of lot 7. The applicant is requesting that the 30' setback along the remaining portion of lot 7 be reduced to 20'. This would give lot 7 a minimum buildable depth of at least 100'. c- c- The applicant is also asking for a variance to vary the setbacks along the frontage road from 20' to 40' with a 30' average for the remainder of the property rather then having a straight 30' setback, The final portion of this variance would be to reduce the street sideyard setback from 30' to 5' along the westerly --' edge of lot 1. ANALYSIS Plannins Issues 1. 2. 3. 4, Does the proposed tentative map meet the requirements' of the Carlsbad Zoning Ordinance? Does the proposed project meet the requirements of Carlsbad Subdivision Ordinance and the State Subdivision Map Act? Can safe and adequate access be provided to this site if Laurel Tree Lane is abandoned? Can the four mandatory findings for approval of a variance be found in this case which are as follows: a. Are there exceptional or extraordinary circumstances applicable to the property that do not abply to other property in the vicinity? b. Do other properties in the vicinity share a similar right which is denied to this property? c. Will this variance adversely affect the comprehensive General Plan? d. Will this variance be detrimental to other properties in the vicinity? Discussion - CT 82-25 The proposed tentative map complies with all of the requirements of the Carlsbad Zoning Ordinance, except for the requested variances. All of the lots will have a minimum area of one acre as required by the P-M zone. As mentioned previously, all of the lots will gain access from the proposed frontage road. Since this property has a Q-overlay, individual site development plans will be required for each parcel prior to the issuance of a building permit. As proposed, this subdivision meets all of the requirements of the Carlsbad Subdivision Ordinance and the Subdivision Map Act. The proposed map and improvments are consistent with the -2- c- Carlsbad General Plan. The site is physically suited for the type and density of development proposed by the applicant. If all of the mitigation measures listed in the conditions of approval are fully :implemented, the proposed subdivision and its improvements should not cause substantial environmental damage.’-- Also, the proposed subdivision and its required improvements should not cause serious public health problems nor will the design of the subdivision conflict with any easements. The exact alignment of College Boulevard in the vicinity of this project has not been determined. However, the following factors would appear to make it necessary for College Boulevard to L intersect Palomar Airport Road to the west of the existing alignment of Laurel Tree Lane: 1. Topographical constraints on the north side of Palomar 2. The need to avoid existing electrical transmission Airport Road. lines on the north side of Palomar Airport Road. 3. The need to provide adequate intersection spacing on College Boulevard and still provide adequate access to develop a large portion of the property to the north of Palomar Airport Road. As shown by Exhibit C, these constraints would force College Boulevard to intersect Palomar Airport Road to the west of the subject property. After College Boulevard intersects Palomar Airport Road it would be possible for it to gradually swing to the east and merge with the alignment of Laurel Tree Lane south of the subject property. In order to determine the exact alignment of College Boulevard in this area it will be necessary for the affected property owners to coordinate development plans north and south of Palomar Airport Road. As mentioned earlier it appears that College Boulevard will be aligned to the west of the subject property, When this portion of College Boulevard is constructed it will be necessary to close off and abandon the present alignment of Laurel Tree Lane to avoid traffic conflicts. However, it is not known when this porton of College Boulevard will be constructed. The applicant desires to subdivide his property at this time. Therefore, staff recommends that Laurel Tree Lane be used to provide temporary access to this site until the property to the west is subdivided and College Boulevard is constructed, When this occurs the frontage road serving the subject property can be extended to College Boulevard and Laurel Tree Lane can be abandoned and replaced with landscaping. v-344 As explained in the project description, the applicant is requesting several setback reductions for the lots created by c fr this subdivision. Staff feels that there are a number of extraordinary circumstanc.es that justify the requested variances: - 1. The easterly portion of the property is very narrow. - 2. City arterial spacing policy prevents access on Palomar Airport Road and Laurel Tree Lane. 3. A frontage road is required along the edge of the bluff creating through lots. * and replaced with landscaping. 4. Laurel Tree Lane will eventually have to be abandoned Other properties in the vicinity of the subject property have been allowed to have reduced setbacks from the proposed frontage road. On August 19, 1982, staff, the applicant and two adjacent property owners met to discuss the alignment of the proposed frontage road and to determine a method of assuring that all of the properties effected by this frontage road would have a minimum buildable depth of 100'. A letter detailing the results of that meeting is attached to this report. On August 25, 1982 the Planning Commission approved CT 82-4/PUD-38 and allowed the westerlymost lot of this subdivision to reduce its setback from 30' to 20'. I Staff feels that allowing the applicant to vary the setback from 20' - 40' with a 30' average along the frontage road through the majority of the property will allow for greater design flexibility and variety than would a straight 30' setback. The reduction of the side yard setback on lot 7 from 30' to 5', adjacent to Laurel Tree Lane, is a reasonable request, because a new landscaped setback will be created when existing Laurel Tree Lane is abandoned. Approval of this variance will not adversely impact the comprehensive general plan nor have a detrimental effect on other properties in the vicinity. Staff feels that approval of this variance will not set an undesirable precedent due to the unusual topography, the narrow width of the property and the need for a frontage road in this area. In summary, staff feels that the proposed tentative tract map complies with all applicable ordinances and adequate access can be provided on a temporary as well as a permanent basis. In addition, staff feels that the four findings necessary to grant a variance can be made and recommends approval of the proposed tentative tract map and variance. -4- 111. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that this project will not have a significant impact on the environment and, therefore, has issued a Negative Declaration on January 5, 1983; ATTACHMENTS 1. Planning Commission Resolution Nos. 2073 and 2074 2. Location Map 3. Background Data Sheet 4. Disclosure Form 5. Environmental Documents 6. Reduced Exhibits 7. Letter, dated August 19, 1982 8. Exhibits "A" - 'IC", dated November 4, 1982 MH:bw 1/12/83 -5- bja CT 82-25/V-344 * VICv”Y MAP . ., BAOUND DATA SHEET CASE NO: CT 82-25/V-344 APPLICANT: Ukeaawa REQUEST AND LOCATION: Eight lot tentative tract map with a variance for setback reductions on the south side of Palomar Airport Wad, east of Laurel Tree Lane. WGAL DESCRIPTION: A portion of ljot "G" of Rancho Agua Hedionda according to - Map 823 filed November 16, 1896. AE": 212-040-25 Acres 13.89 Proposed No. of Lots/Units 8 GEEJERAL PLAN AND ZONING Lard Use Designation PI Density Allowed -- Density proposed - Existing Zone P-M Q Proposed Zone -- Surrounding Zoning and Lh Use: Zoning Site P-M 0 Land Use Vacant North P-M South County S-90 East P-M Q West P-M Q Vacant Vacant Vacant Vacant PUBLIC FACILITIES School District Carlsbad Water Carlsbad Sewer Carlsbad EDu's -- Public Facilities Fee Agreement, dated July 6, 1982 ENVIlXWEXFAL IMPACT ASSESSMENT X Negative Declaration, issued January 5, 1983 E.I.R. Certified, dated Other, c L _- Conference Attendees: DATE : August 19, 1982 r Hank Worley A1 Aladray TI t4e : 1:30 to 2,:30 PM Joe Sandy Mike Hotres SECTIOI.3: Land Use Planning Division Bill Hofman RZ - ch arc3 A 11. e1 SUBJECT.: SETBACKS OFF OP !ME FRONTAGE ROAD THAT WILL BE ALIGNED THROUGH THE BIRTCHER, ALADRAY AND UKEGAFIA PROPERTIES - The purpose of this meeting was to determine the alignment of .the proposed frontage road and the possibility of setback variances €or the properties involved, First staff determined that Pix, Abadray had appzoximately -26 acre o€ usable land if his property was developed under the standard P-M zone setbacks with no frontage road along the back of his.property. Staff calculated that he would have a buildable area of approximately -27 acre with the frontage road behind his property and reduced setbacks. Staff could recommenb approval of variances for the following setbacks: Aladray Property 40' setback from Palomar Airport Road 5' sideyard setbacks IO' setback off the frontage road Birtcher Property Lot 7 could have a 20' setback of€ of the frontage road,. all other lots would have a 30' setback of€ of the frontage road Ukeyawa Property. Setbacks shall be determined per the following chart: Length of Property" 225 ' 75' Remainder Setback of2 of Setback off of Palomar Airport the frontage Road Road 40' 40' 50' 10' 20 20' - 40' width a 30' average "Measured westerly from the westerly boundary of Mr, Aladray's property, Everyom agreed that the proposed frontage road should be located as close as possible to the existing slope on the southerl-y portion of the Ukegam property. Staff would be willing to consider allowing low retaining walls to be built in this slope for a distance of 300 feet measured from the Aladray property, . The reduction €rom 30' to 20' for the setback off of the €rentage road for lot 7 of the Birtccher property would be handled as a condition of the tentative tract and planned unit development being presented at the August 25th Planning Commission' meeting, Page Two - Conference - August 19, 1982 - Eir. Aladray and Mr. Ukegawa or their agents wou:Ld have to apply for variances to allow for their setback reductions, guarantee that the variances will be granted by the Planning Commission, but feels that the applicants have adequate grounds to apply €or a variance. copies of the large scale plan that was examined at the meeting. Staff would mark the proposed setbacks on these plans and make sure each of the property owners involved received a copy- Staff can-not Hank Worley would supply staff with four MIKE HOMES Assist ant Planner MH : bw I .. .. -- .,.. . . I i 2# 0- 4 0’ Vi If H A 30’ AVERAGE ALL SETBACKS SHOWN ARE PER THE MEETING OF AUGUST 19, t982 .. _- .. .t& fur2har information is( :quircdr. you will be so advi- P- t. : - 6- AGEMT I .. .. .. , .. . .. [Attach more sheets if necessary) .. 6 ..... - . . .. . ... . - .. ..-- .. .-.- ..-. . -.. .- . . .. (*.-...I- ..- .--. ""..._ ..... _. ..... ,. . ,. . ...,. .. .. .... ...... . ,.._ .. . I. . . li L t - LOOKING EAST c . DEVELOPMENTAL SERVICES 0 Asslst~nt Ci!y Ede!-.*gar (714) 438-5596 (- c. 0 Building Deoa:tven; (714) 433-55225 0 EnQinearlnS S.em:r..;?ent 0 Housing 8. FiedevelGpment Department ~714) 438.554: 3096 Harding St. (714) 438-561 1 J? Planning Department (714) 438-5591 PUSLIC h'OTICE OF PREP-AIIATIION GF 'L 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 PLEASE TAW "ICE: "he Land Use Plafiiitxj Office of the City of Carlsbad intends to prepare a 3Jegative Declaration for the following project: Project Description: Eight lot tentative tract map ax3 variance. Preparation of the praposed lots will require approximately 14,700 cubic yards of cut and 70,500 cubic yards of fill. Project a&kess/Ijcation: and Laurel Tree Lane. Southeast corner of Palomar Airprt Road Anticipated signif icaqt impacts: Wne .- We need to him ycur ideas abut the effect this project might have on the environment ard your suggestions for ways the project could be revised to reduce or avoid any significant environmental damage. Your ideas will help us decide what issues to analyze in the environ- mental review of this project. Your m :..zits on the environmental impact of the proposed project may be submitted in writing to the Land Use Planning Office, 1200 Elm Avenue, Carlsbad, CA 92008, no later than Decerkr 14, 1982. IIATED: Novexrber 23, 1982 /ZIVLL&GW&L L CASE NO: 82-25/1'-344 MICHAEL J. HOJ!.hMIL@ilR, 7. APPLICANT: Ukegawa Land Use Planning Elanager I PUElLISH DATE: Ncvehr 27, 1982 ND3 s/a I ~ ....... . -... DEVELOPMENTAL SERVICES 0 Assistant City Manager D Building Department 0 Engineering Duparlment (714) 438.5596 (714) 438-5525 (714) 438-5541 0 Housing 8. Hedarelopment Department 3096 Harding St. Planning Departrrlnnt (714) 438-561 1 a (714) 438-5591 F NEGATIVE DECLATt4TION 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 PROJECT ADDRESS/LLXATION: and Laurel Tree Lane. Southeast corner of Paloinar Airport mad PROJECT DESCRIPTION: Preparation of the proposed lots will require approximately 14,700 cubic yards of cut and 70,500 cubic yards of fill. Eight lot tentative tract map and variance. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Enviromental Protection Ordinance of the City of Carlsbad. review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issucd for the subject project. Land. Use Planning OEEice. As a result of said Justification for this action is on file in the A copy of the Negative Declaration with supportive docuiients is on file in the Lard Use Planning Office, City Hall, 1200 Elm Avenue, Carlsbad, C.. 92008. Comrrtents from the public are invited. Please submit mwnts in writing to the Land Use Planning Office within ten (10) days of date of issuance. DATED: January 6 , 1983 CASE NO: CT 82-25/V-344 MICHAEL J. HOLZMILLER H- Use Planning Manager APPLICYST: Ukecpwa PUBLISH EATE: January 12, 1983 No-4 5/8 1 a L . i'