HomeMy WebLinkAboutZC 00-04; Tabata; Tentative Map (CT)Q O
I'he City of Carlsbad Plamiing DepartmenT
A REPORT TO THE PLANNING COMMISSION
Item No. ®
Application complete date: January 17, 2001
P.C. AGENDA OF: January 17, 2001 Project Planner: Van Lynch
Project Engineer: Clyde Wickham
SUBJECT: ZC 00-04/LCPA 00-04/CT 00-13/CDP 00-36 - TABATA - 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 fi-om 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 5.0 acre property. This request
includes a Tentative Tract Map to create 16 residential lots and a Coastal
Development Permit on property generally located on the east side of Black Rail
Road and south of fiitxxre Poinsettia Lane in Local Facilities Management Zone
20.
I. RECOMMENDATION
That the Plarming Commission ADOPT Planning Commission Resolutions No. 4897, 4898 and
4899, RECOMMENDING APPROVAL of a Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program, Zone Change (ZC 00-04), Local Coastal Program
Amendment (LCPA 00-04), and that the Planning Commission ADOPT Planning Commission
Resolutions No. 4900 and 4901, APPROVING Tentative Tract Map (CT 00-13) and Coastal
Development Pennit (CDP 00-36), based on the findings and subject to the conditions contained
therein.
II. INTRODUCTION
The proposed project is for the creation of a 16-unit single-family residential subdivision on a
vacant parcel on the east side of Black Rail Road, south of fiiture Poinsettia Lane and north of
Aviara Parkway. The 16 single-family lots vary in size fi'om 7,730 square feet to 12,250 square
feet. The applicant is requesting approval to purchase 3.0 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 Local Coastal Program land use designation fi-om L-C to R-l-7,500-Q.
In addition, a Tentative Tract Map 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.
ZC 00-04/LCPA 00-04/CT 00-13/CDP 00-36 - TABATA
January 17, 2001
Page 2
IIL PROJECT DESCRIPTION AND BACKGROUND
The 5.0 acre project site is located within the Zone 20 Specific Plan and Local Facilities
Management Zone 20. It is bordered to the north by a recently approved residential subdivision
(Hadley), to the east by Cabela Place (a graded portion of the access road to Plaiming Area 22 of
Aviara Phase III), to the south by a vacant agricultural land, and Black Rail Road to the east.
Topographically, a north-south trending ridge divides the site. The elevation difference fi-om
high point to low is 34 feet. The site has been disked and used for agricultm-al purposes. The
property does not have any sensitive vegetation or steep slope constraints; all of the five-acre site
is developable.
The proposed Zone Change and Local Coastal Program designations are necessary to change the
Limited Control (L-C) designation of the property to One-family 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
"F," the 16 residential lots will all be greater than 7,500 square feet. Access to the project site is
fi-om proposed Street "A" via Black Rail Road and by a coimection to Cabela Place fi-om
Carlsbad Tract 92-3, Planning Area 22 in Aviara Phase III. The lots will take access off two cul-
de-sac streets which run north off of Street "A" which is a through street. This project will create
a second through access way fi-om Black Rail Road to Ambrosia Lane via Docena Road and
Cabela Place.
Grading of the site consists of a road cut to link Black Rail Road to Cabela Place. The ridge that
runs north/south will be lowered and used as fill material in the northeast and westem portions of
the site. The maximmn cut is about 12 feet on the southem end of the ridge (road cut). The
largest fill is approximately 14 feet in the northeastem comer ofthe site. The pad elevations of
the lots on the cul-de-sac (Street "B") will be at the same elevation of the adjacent lots to the
north on the Hadley Property. The lots of Street "C" will be between 15 to 23 feet higher than
the lots to the north. Street "B" is approximately 10 feet lower than Street "C". The project will
have 38,400 cubic yards of cut, 15,700 cubic yards of fill, and an export of 22,700 cubic yards of
material.
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.
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 Overiay Zone (R-l-7,500-Q) Zone Regulation;
C. Zone 20 Specific Plan (SP 203);
D. Mello II Segment of the Local Coastal Program, the Coastal Agriculture Overlay Zone,
and the Coastal Resource Protection Overlay Zone;
E. Subdivision Ordinance (Title 20 ofthe Carlsbad Municipal Code);
F. Inclusionary Housing Ordinance (Carlsbad Mimicipal Code Chapter 21.85); and
G. Growth Management Regulations (Local Facihties Management Zone 20).
zc 00-04/LCPA 00-04/CT 00-13/CDP 00-36 - TABATA
January 17,2001
Page 3
The recommendation for approval of this project was developed by analyzing the project's
consistency with the apphcable regulations and poUcies. 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
surroimding 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 (du/ac). The RLM range has a Growth Control Point of 3.2 du/ac. The
density ofthe proposed single-family subdivision is 3.2 du/ac.
The project complies with all elements ofthe General Plan as illustrated in Table A below:
Table A - GENERAL PLAN COMPLIANCE
ELEMENT USE,
CLASSIFICATION,
GOAL,
OBJECTIVE OR
PROGRAM
PROPOSED USES &
IMPROVEMENTS
COMPLY?
Land Use Site is designated for
Residential Low-
Medium at 3.2 du/ac.
Single-family lots at
3.2 du/ac.
Yes
Housing Provision of
affordable housing
The purchase of 3.0
affordable housing
credits in Villa Loma
Yes
Pubhc Safety To require a minimum
fire flow of water for
fire protection
The project includes
two fire hydrants
Yes
Open Space &
Conservation
Utilize Best Manage-
ment Practices for
control of storm water
and to protect water
quality
Project will confonn to
all NPDES
requirements
Yes
Noise Residential exterior
noise standard of 60
CNEL and interior
noise standard of 45
CNEL
Project is not impacted
by potential noise
generating sources such
as Poinsettia Ln. or
Palomar Airport
Yes
Circulation Require new
development to
construct roadway
improvements needed
to serve proposed
development
Project will provide
roadway improvements
including Street "A"
and firontage
improvements for
Black Rail Road
Yes
ZC 00-04/LCPA 00-04/CT 00-13/CDP 00-36 - TABATA
January 17,2001
Page 4
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 fixture land uses has not been completed nor have plans of development
formalized. Proposed as part of the project is a zone change fi-om L-C to R-l-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 fiature residential zones ofthe adjacent L-C zoned properties as shown
on the attached Exhibit "X."
The proposed project meets or exceeds all applicable requirements of the R-l-7,500-Q Zone as
demonstrated in Table B below. All lot sizes and lot widths meet or exceed the minimum
requirements ofthe zone.
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 QuaUfied Development Overlay Zone (Q-Overlay), which is being included with
the R-l zone.
Table B; R-l ZONE COMPLIA^ fCE
STANDARD REQUIRED PROPOSED
Min. Lot Size 7,500 sq. ft. 7,730 sq. fl. - 12,250 sq. fl.
Min. Lot Width 60 feet 69-feet
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 fi-amework 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.
Table C; ZONE 20 SPECIFIC PLAN REQUIREMENTS
STANDARD REQUIRED PROPOSED
Required Zoning R-l R-l-7,500-0
Local Coastal Plan Grading
Requirements
Grading prohibited between
Oct. 1 and April 1
Grading limitation included as
CDP condition
LCP Agricultural Conversion Three conversion options
permitted
Payment of Agricultural
Conversion Mitigation Fee
Dedications All required land or easements
shall be dedicated to the City
Street right-of-way and
easement dedications
proposed
zc 00-04/LCPA 00-04/CT 00-13/CDP 00-36 - TABATA
January 17, 2001
Page 5
Trail System Construct required trails
identified on the citywide plan
Project does not contain any
trail segments
Affordable Housing 15% of the units must be
provided as affordable units
Project will purchase 3.0
affordable housing credits in
Villa Loma
D. Local Coastal Program
The project site is located within Site III of the Mello II 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
ofa Coastal Development Permit is required for the project. One ofthe primary requirements of
the appUcable 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. The grading restrictions that apply in the coastal zone are proposed
as conditions of the Coastal Development Permit. The project site does not have any sensitive
coastal resources in the form ofslopes over 25% or native vegetation.
The Local Coastal Program Amendment (LCPA) is required to implement the proposed zone
change fi-om L-C to R-l-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 compUes with all appUcable 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 fi-ontage, 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-l-7,500-Q Zone requires a
minimum 7,500 square foot lot size. Each of the proposed lots exceeds the minimum
requirement.
The grading for the project requires an export of 22,700 cubic yards of material. If the project
site were graded without export, an excessive amount and height of retaining walls would be
required to create building pads.
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 faciUties, drainage facilities, fire hydrants, and street Ughts.
o o
zc 00-04/LCPA 00-04/CT 00-13/CDP 00-36 - TABATA
January 17, 2001
Page 6
F. 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 3.0 dwelling units.
The appUcant is requesting to purchase 3.0 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.
G. 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 compUance
with the adopted performance standards, are summarized in Table E below.
Table E: GROWTH MANAGEMENT COMPLIANCE
STANDARD IMPACTS COMPLIANCE
City Administration 55.6 sq. ft. Yes
Library 29.7 sq. ft. Yes
Waste Water Treatment 16 EDU Yes
Parks .11 acre Yes
Drainage Basin D Yes
Circulation 160 ADT Yes
Fire Station No. 4 Yes
Open Space 0 acres n/a
Schools Carlsbad Unified Yes
5 elementary students
2 junior high students
3 high school students
Sewer Collection System 16 EDU Yes
Water 3520 GPD Yes
The proposed project is at the Growth Management dwelling unit allowance (3.2 units per acre).
V. ENVIRONMENTAL REVIEW
The initial study (EIA-Part II) prepared in conjunction with this project determined that some of
the environmental effects that 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 CaUfomia Environmental QuaUty Act (CEQA). The project's direct,
significant effects include impacts fi-om hazards associated with potential agricultural chemical
use and paieontological resources. The environmental documents for the project were sent to the
State Clearinghouse for circulation. Mitigation measures are also proposed for the other
significant adverse effects and are also listed in the EIA-Part II.
Q
ZC 00-04/LCPA 00-04/CT 00-13/CDP 00-36 - TABATA
January 17, 2001
Page 7
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. MEIR's may not
be used to review projects if it was certified more than five years prior to the filing of an
application for a later project except under certain circumstances. The City is currently
reviewing the 1994 MEIR to determine whether it is still adequate to review subsequent projects.
Although the MEIR was certified more than five years ago, the City's preliminary review of its
adequacy finds that no substantial changes have occuned with respect to the circumstances under
which the MEIR was certified. The only potential changed circumstance, the intersection failure
at Palomar Airport Rd. and El Camino Real, is in the process of being mitigated to below a level
of significance. Additionally, there is no new available information, which was not known and
could not have been known at the time the MEIR was certified. Therefore, the MEIR remains
adequate to review later projects. All feasible mitigation measures identified by the MEIR which
are appropriate to this project have been incorporated into the project. Please see the
Environmental Assessment Form-Part II for a detailed description ofthe mitigation measures and
the expanded justification for the recommendation to approve the Mitigated Negative
Declaration. In consideration of the foregoing, on November 27, 2000, the Planning Director
issued a Mitigated Negative Declaration for the proposed project.
ATTACHMENTS:
1. Planning Commission Resolution No. 4897 (Mit. Neg. Dec.)
2. Planning Commission Resolution No. 4898 (ZC)
3. Planning Commission Resolution No. 4899 (LCPA)
4. Planning Commission Resolution No. 4900 (CT)
5. Planning Commission Resolution No. 4901 (CDP)
6. Location Map
7. Access location exhibit
8. Exhibit AA - land use and zoning consistency
9. Background Data Sheet
10. Local Facilities Impact Assessment Form
11. Disclosure Statement
12. Reduced Exhibit
13. Full Size Exhibits "A" - "F," dated January 17, 2001
VL:cs:mh
SITE
TABATA PROPERTY
CT 00-13/ZC 00-04/
LCPA 00-04/CDP 00-36
^^^^
EXHBIT "AA'
illllllllllllWV^^i^
* PROPOSED CHANGE TO R-1-Q
ALL LABELED PROPERTIES HAVE LOW-MEDIUM DENSITY
(RLM) GENERAL PLAN DESIGNATION
TABATA PROPERTY
ZC 00-04
BACKGROUND DATA SHEET
CASE NO: ZC 00-04/LCPA 00-04/CT 00-13/CDP 00-36
CASENAME: TABATA
APPLICANT: Brehm Companies
REQUEST AND LOCATION: A 16 lot subdivision on the east side of Black Rail Road, south
of Poinsettia Lane and North of Aviara Parkwav.
LEGAL DESCRIPTION: The north half of the northwest quarter ofthe northwest quarter of
the northeast quarter of Section 27, Township 12 south. Range 4 west, San Bemardino Meridian,
in the City of Carlsbad. County of San Diego. State of Califomia. according to the official plat
thereof.
APN: 215-040-04-00 Acres: 10 Proposed No. of Lots/Units: 16
GENERAL PLAN AND ZONING
Land Use Designation: Residential Low-Medium (RLM)
Density Allowed: 32 Density Proposed: 3.2
Existing Zone: Limited Control (L-C) Proposed Zone: R-1-7.500-Q
Sunounding Zoning, General Plan and Land Use:
Site
North
South
East
West
Zoning General Plan Current Land Use
L-C RLM Vacant
R-l-7,500-Q RLM Graded for SFD
L-C RLM Ag
P-C (Aviara MP) RLM Graded for SFD
L-C RLM Vacant
PUBLIC FACILITIES
School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): 16
ENVIRONMENTAL IMPACT ASSESSMENT
Mitigated Negative Declaration, issued November 27, 2000
I I Certified Environmental Impact Report, dated
I I Other,
CITY OF CARLSBAD
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMENT FORM
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO: TABATA - ZC 00-04/ LCPA 00-04/ CT 00-13/ CDP 00-36
LOCAL FACILITY MANAGEMENT ZONE: 20 GENERAL PLAN: RLM
ZONING: Limited Control
DEVELOPER'S NAME: Brehm Comunities
ADDRESS: 5770 Oberlinm Drive, San Diego CA 92121
PHONE NO.: 858-404-9721 ASSESSOR'S PARCEL NO.: 215-040-04-00
QUANTITY OF LAND USE/DEVELOPMENT (AC, SQ. FT., DU): 5.0 ac
ESTIMATED COMPLETION DATE: unknown
A.
B.
C.
D.
E.
F.
G.
H.
1.
J.
K.
L.
City Administrative Facilities: Demand in Square Footage
Library: Demand in Square Footage
Wastewater Treatment Capacity (Calculate with J. Sewer)
= 55.6
Park:
Drainage:
Circulation:
Fire:
Open Space:
Schools:
HS = 5, JHS = 2, ES = 3
Sewer:
Water:
Demand in Acreage =
Identify Drainage Basin =
Demand in ADT =
Served by Fire Station No.
Acreage Provided =
Demands in EDU
Demand in GPD =
29.7
16 edu
.11
D
160
= 4
0
Carlsbad
16
3520
The project is at the Growth Management Dwelling unit allowance (3.2 DUPA).
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 Comminee.
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 defmed 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 fmancial
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 publiclv-owned corporation, include the
names, titles, and addresses of the corporate officers. (A separate page may be attached if
necessary.)
Person Corp/Part Canterina, LLC
Title Title NA
Address Address 5770 Oberlin Drive
San Diego, CA 92121
2. OWNER (N ot the owner's agenO
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% ofthe shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES,
PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-
owned corporation, include the names, titles, and addresses of the corporate officers. (A separate
page may be attached if necessary.)
Person NA Corp/Part SEE ATTACHMENT
Title Title
Address Address
2075 Las Palmas Dr. • Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 ^
NON-PROFIT O ANIZATION OR TRUST
If an\ 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 benefician.- of the.
Non Profit/Trust ^ Non Profit/Trust ^
Titie Title
Address Address
Have you had more than $250 worth of business transacted with an\ member of Cit> staff.
Boards. Commissions. Committees and/or Council within the past twelve (12) months?
I I Yes J^^No If yes, please indicate person(s):_
NOTE: Attach additional sheets if necessar}'.
I certify that all the above information is true and correct to the best of my knowledge.
Signature of>^ppllcanb<(iate
Jack H. Young, Sr. Vice President Jack H. Young, Sr. Vice President
Print or type name of owner ^f^j.'Cti"r) Print or type name of applicant .'/^^ c i
Sigjiature of owner/applicant's agont if applioable/date
Print or type name of owner/applicant's agont /'/ ^ ,,. ,^ i
H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2
CANTERINA, LLC OWNERSHIP
attachment to City of Carlsbad
Disclosure Statement
December 14. 2000
MEMBER PERCENTAGE INTEREST
THE BREHM COMPANIES, LLC 50%
5770 Oberiin Drive
SanDiego, CA 92121-1723
LUMBERMEN'S INVESTMENT CORPORATION 50%
301 Congress Avenue, 15* Floor
Austin. Texas 78701
INDIVIDUALS OWNING 10% OR GREATER INTEREST IN CANTERINA, LLC:
Fonest W. Brehm
Chairman; The Brehm Companies, LLC
5770 Oberiin Drive
San Diego, CA 92121
TENIA TIVE MAP SHEET 1 OF'1