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Home My WebLink AboutMCUP 16-03; DAWSON FENCE ADDITION; Administrative DeterminationSave Carlsbad Open Space We, the undersigned residents of Saddle Ridge and Santa Fe Trails (Carlsbad neighborhoods/HOAs), oppose the granting of a Minor Conditional Use Permit that would allow for the extension of a private yard located at 1058 California Street, Encinitas, into the Open Space zoned lot (APN3264-462-SS) in Carlsbad. Our opposition is based on the reasons below. Such a fence: > Restricts an area that is deemed open space by the City of carlsbad > Is inconsistent with the character of the neighborhood > Poses a safety hazard to area residents, particularly children who u~ the area to walk to school > Would have a negative impact property values > Upsets established expectations of area homeowners Name Address Signature - Save Carlsbad Open Space We, the undersigned residents of Saddle Ridge and Santa Fe Trails (Carlsbad neighborhoods/HOAs), oppose the granting of a Minor Conditional Use Permit that would allow for the extension of a private yard located at 1058 California Street, Encinitas, into the Open Space zoned lot (APN3264-462-55) in Carlsbad, Our opposition is based on the reasons below. _, . Such a fence: > Restricts an area that is deemed open space by the City of Carlsbad > ls inconsistent with the character o the neighborhood > Poses a safety hazar d s, particularly c~se the area to walk to school > Would have a negative i _ .values > Upsets established exp~a · · ),rea homeowners ' r , _,. Name Address Signature / ) • Save Carlsbad Open Space We, the undersigned residents of Saddle Ridge and Santa Fe Trails (Carlsbad neighborhoods/HOAs), oppose the granting of a Minor Conditional Use Permit that would allow for the extension of a private yard located at 1058 California Street, Encinitas, into the Open Space zoned lot (APN3264-462-55) in carlsbad. Our opposition is based on the reasons below. Such a fence: > Restricts an area that is deemed open space by the City of carlsbad > Is inconsistent with the character of the neighborhood > Poses a safety hazard to area residents, particularly children who use the area to walk to school > Would have a negative impact property values > Upsets established expectations of area homeowners Name Address Signature Save-C:a.rls.bad Ope·n· Space We,;tfie:un.detsisnetl~$ider,ttsqt5a(fdteiU~aodsa:n~FeTratts(Cartsbadneigf1btirhoOds/HOAs);tiPPosethe. granting ofa ~r:.CQn(iJtlQnat Use l>ermitthat waUtd ail()W for.the~~ensron.Qfa:priva.t~. VarQ to~tef.l at 1058 catlfomta street,; Entlmtasi fnto ~ open.spat:e z<fned tot{APN3264-462~5S)'irt carlSbad .. Ot.Jr OPJ>.9siticm is ~~d ont~ re~n~ below; · .)>· Re~(ri&ts :an area th~f~ deetn:ed ~n$~~-by tl:\e tity'Qf (;arlsb'ld :> tS.ine<nisJStentwith.the tharacterofthe netghbQrhoOd » PO,$e$~,~~ bazardt¥;u~~r~~ntsi pa~~lartv c:hikfren who ~se the area tO. war.~ to sdl()Ol > · Would have a negative tmpact property values -;;-.· Upsets":EtstaQitshed e~pectatfQ.n~ of area hort.teowner,i . .. . . .·· . . .· -.... Project: MCUP 16-03 -Dawson Fence Addition J Meeting Date: August 10, 2016 Page 1 of 2 Page 2 of2 )> a. )> ~-0. c ::J ,-t C7Q -·< c ~ 0 (/') ., ---+'\ ,-t~() ~ -· QJ 0 < ., .. ro v;- N:cc-o ro w ~QJQ_ en., -· ::J C7Q c .~ "' 3:o nz c -a~ Z:o oc . m .->< en -I •m oz w"' 0 z • NOTICE OF AN ADMINISTRATIVE HEARING SCHEDULED FOR A MINOR CONDITIONAL USE PERMIT l City of Carlsbad A Minor Conditional Use Permit (MCUP 16-03) has been applied for to a fence to be built on a privately owned property zoned for Open Space. Granting of the permit would allow for the extension of a private yard located at 1058 California Street in the City of Encinitas into the Open Space zoned property. The Open Space zoned lot (APN #264-462-55) on which the fence is proposed, extends from Paseo Taxco to Rancho Santa Fe Road, and is owned by the same owner of the property at 1058 California Street in the Oty of Encinitas. Pursuant to Carlsbad Municipal Code Title 21, Section 21.54.060 8.2. An administrative hearing shall take place if a request to be heard is filed within ten (10) calendar days of the date of the notice. A request for an administrative hearing was submitted within 10 calendar days after the Notice of Request for a Minor Conditional Use Permit was mailed out. This notice is hereby civen to inform the requestors and the <~ppli~nt of the administrative hearinc date, time and location as noted below. Please contact Austin Silva at 760-602-4631 or by email at austin.silva@carfsb01d~.gov if you have any questions. ADMINISTRATIVE HEARING SCHEDULE HEARING DATE: August 10, 2016 HEARING TIME: 6:00P.M. HEARING LOCATION: 1635 Faraday Avenue, Room 173A, Carlsbad, CA 92008 CASE NO.: MCUP 16{)3 CASE NAME: DAWSON FENCE ADDITION DATE NOTICE MAILED: July 27, 2016 Nick Dawson l<1e<l 9 new photos -wath Sara Dawson at 9 back lot renovat1on IS officially underway Corbin loved watching the work I did too unt11 we accidentally knocked down a portion of our Lol Gocid thing the new outer fence goes up soon! lttRnvc:.PI::~vmnW•thTr::~rtnrc:. #DawsonReno2016 • Shawn Fehtly Oawsonland .. .. Pumped to see th1s hltle gem come to life! J.c. MeJia N1ce man! Ray M1randa Putllng 1n full football field 8 Nick Dawson Haha Looks 111ee rt Ray M1randa it ts def long enough but we are actually plannlllg a sport court and some trees to go around it f We urge you to deny the MCUP and require the Dawsons to restore the open space area to its natural state. The Lot is not Physically Suitable for the Proposed Fence/Yard Extension 121.42.030 Findings of fact. MCUP Findings of Fact Cannot Be Made A A rumor conrut10naluse pernut or conruuom!the pernut m.1\· be granted onlY tf the followmg facts are fotutd to ex!'t 111 regard thereto TI.,t the requested the ts nece11>1T or de~~rable for the deYe!opmeut of the c01mmuutY. and 11 utl11flll011Y wtth the Yanous elements and obJect!\·es of d1e general platt mcludmg. 1f apphcable.l UJe certified local coa~tal progrant speCific plan or n111ter plan. Th1t the requested use 11not detrunental to eXIstmg uses or to t~ses speClf•ca!h· pernuned m the ZOtle m wluch the proposed lise 11 to be located: J n.,t the 11te for d1e proposed condttl0111l use 11 adeq111te m sue and shape to accOttunod.1te the Yards. setbacks. walls. fences. parkmg. loading factltt!es. buffer area~. landscapmg and od1er deYelopment feamres prescnbed u1 dus code and requ1red b\· the Cll\' plam1er. plammtg COllllllllllOll or em· cotulcll. m order to mtegrate the use snd1 other'"" m the tJetgbborbood: ~ l111t dte street sYstem serrutg the proposed use 11 adequate to properlY l11ndle all trafftc generated b\· the proposed me. The Fence/Yard Extension is Inconsistent with the General Plan Habitat and Open Space Conservation 4-P.9 Maintain and implement the city's Habitat Management Plan (HMP), including the requirement that all development projects comply with the HMP and related documents. Require assessments of biological resources prior to approval of any development on sites with sensitive habitat, as depicted in Figure 4-3. 4-P.to Consider working w1th private foundations and organizations or designating a conservancy agency to be responsible for protection, maintenance, monitoring and liability of open space lands. 4-P.u Ensure that the improvements recommended for open space areas are appropriate for the type of open space and the use proposed. No improvements (excluding necessary infrastructure) shall be made in environmentally sensitive areas, except to enhance the environ- mental value of the areas. Analysis of Potential Impact on Value Overview: The owner of the property at 7995 Paseo Esmerado is in the process of installing a sports/basketball court in the rear yard which will have four 18' high flood lights to allow use in the evenings. The properties on each side of this property, 7999 Paseo Esmerado and 7991 Paseo Esmerado will be impacted by the noise and light emanating from sports court. The purpose of this analysis is to determine if the adjacent properties will be negatively impacted by the proximity to the sport court and if so, what the monetary impact is. Properties: The properties in question are located in the prestigious master planned development known as The Ranch in South Carlsbad. The properties within the community are among the highest priced homes in this market which is attributed mostly to the large dwelling sizes, the large lot sizes and their proximity to highly ranked schools. The price range for homes sold in The Ranch over the past 12 months was $1,669,000 to $2,300,000. Additionally, the street that these properties are located on is the most prestigious commanding the highest premiums in the development due to the larger than typical lot sizes and views from both sides of the street. The three properties in question are orientated to the Northwest and have good views over the surrounding canyons and area each also has large backyards which are mostly level with full utility. View of rear yard of 7995 Paseo Esmerado from 7999 Paseo Esmerado An analysis of sales located on the north side of these streets illustrate that these homes have historically sold at a discount to the homes located in the interior of the Ranch without exposure to the athletic facilities. The below trend graph illustrates the relationship ba sed on a price per square foot analysis. The maroon line represents sales of homes on the three streets which back the school versus all other streets within the Ranch (blue line). The gap between the two lines illustrates that a difference in value does exist. 175 150 -.-- • • • __ _;;_-----------: .. :-=:--''----+R esident ---------------------~------- .-School The table below contains five pairs of the sales between homes with locations backing to the school to the most similar competing sales within the community, at the same time of sale, which do not back to the school. Some adjustments are made to bring these properties into closer parity with each other. The residual differences in values between the two properties would be primarily attributed to the differences in location. The dollar differences are converted to a percentage of value. The indicated range is between 3% and 5%. The Ranch Ia" I ~'":h{Jed .:!l a.thi ¥18r,~·~Prliletlt 1 ·:• COE _,_ .~ ~ ... 3548 AVENIDA PANTERA 5,250 6 6 1998 $1,300,000 4/5/2002 Residential 7939 CORTE DOMINGO 4,957 6 6 99 $1,250,000 4/2/2002 Backs School $50,000 4% 7962 PASEO ESMERADO 3,704 5 5 1998 $1,095,000 8/23/2001 Residential 1903 CORTE PENCA 3,664 4 5 1998 $1,050,000 5/21/2001 Backs School $45,000 4% 3546 CAMINO ARENA 4,609 4 5 1998 $1,920,000 7/27/2006 Residential 7931 CORTE DOMINGO 4,609 6 5 2000 $1,775,000 8/24/2006 Backs School Adjustments -45,000 $100,000 8% 5% 3605 CORTE CASTillO 4,442 4 5 1999 $1,700,000 9/30/2005 Residential 7919 CORTE PENCA 4,033 5 5 2000 $1,601,000 8/16/2005 Backs School Adjustments -53,500 $45,500 3% 3601 Corte Lu isa 4,751 6 6 1998 $1,505,000 7/7/2011 Residential 7934 Corte Domingo 4,350 6 5 2000 $1,350,000 7/5/2011 Backs School Adjustments -50,000 $105,000 7% Median 4% Average S% location 2: La Costa Oaks La Costa Oaks is a newer planned unit development within the immediate neighborhood of South Carlsbad. The project has a community pool and club house which is available for use by all residents. The property located at 3509 Corte Delfinio is located directly above the community pool with very similar proximity the properties in question have to the sports court. The pool area and club house do have intermitted use which is heavier in the day; but, can also extend into the evening. Aerial View: The below table contains five pairs of the sales between 3509 Corte Delfinio which sold as a new home on 3/04/2005 and other model match homes sold by the builder at the same time frame. The residual differences in values between the properties would be attributed mostly to the location discount placed on 3509 Corte Delfinio by the builder relative to the other locations within the development. The indicated range is between 1% and 5%. 3,994 3,994 Median Method: The process conducted consisted of finding residential homes which were located in very close proximity to similar types of recreational facilities and comparing their sale prices to other very similar competing homes which do not have close proximity to the recreational facilities. This process in known as paired sales analysis and is the most common method for deriving the value contribution or diminution of value of a property attribute. The results are typically derived as a percentage of value. Research: Five locations of various price ranges and locations were identified in the greater South Carlsbad I Encinitas area of tract style homes which had either common recreational facilities or which backed to the athletic facilities of a school. Tract homes were used to due to their uniformity in property attributes which reduces subjectivity in value influences and produce more consistent results. Additionally, it is not common for residential homes in high density neighborhoods to have private recreational facilities with flood lights; therefore, ideal pairs could not be found with identical relationships. Facilities like tennis courts due exist in the market; however, they are typically associated with custom homes are large lots with greater separation from neighboring homes. The research did not reveal any similar scenarios of a property in a high density neighborhood having a lit sports court. Seven homes were found in the Ranch neighborhood which had sports courts; however, none of them have visual/permanent flood lights. location 1: The Ranch Three streets on the North rim of the Ranch development back to an open space with the athletic facilities for La Costa Canyon High School located beyond. These streets are Corte Domingo, Camino Arena and Corte Penca. The campus, football field and baseball field are all located relatively close to these streets and do have intermittent uses for practices and games throughout the year. Aerial View: location 3: Parkside Parkside is a small tract of homes located to the North of La Costa Canyon High School. Homes on the south end of the development back to the lit tennis courts located on the campus. These courts are used throughout the day, as well as, on evenings and weekends. The use of the courts does result in noise and light emanating and impacting the homes on the south end of the development. The below table contains four pairs of the sales between homes with locations backing to the tennis courts to the most similar competing sales within the community at the same time of sale which do not back to the courts. The residual differences in values between the two properties would be primarily attributed to the differences in location and attributed to both noise and light. The indicated range is between 1% and 5%. Parkside ,._ ::a..L ,(: •• ~;,: lii~~~-a~:" <n~;GLA ·:~~ B8d 8ith Yelr Price -~-coe •· t.oc:atlon 3433 CIRCULO ADORNO 1,512 3 2 1988 $215,000 8/15/1995 Residential 3425 CIRCULO ADORNO 1,478 3 2 1988 $205,000 8/15/1996 Backs Tenms $10,000 5% 3436 CIRCULO ADORNO 1,700 4 2 1988 $285,000 1/26/1999 Residential 3409 CIRCULO ADORNO 1,700 4 2 1988 $282,000 6/30/1999 Backs Tenms $3,000 1% 3445 CIRCULO ADORNO 1,5U 3 2 1987 $354,500 12/5/2000 Residential 3405 CIRCULO ADORNO 1,478 3 2 1988 $343,400 12/1/2000 Backs Tenms $11,100 3% 3418 CIRCULO ADORNO 1,692 4 2 1988 $399,000 5/29/2001 Residential 3403 CIRCULO ADORNO 1,692 4 2 1988 $387,500 3/6/2002 Backs Tenms $11,500 3% Median 3% Average 3% location 4: Summer Walk Summer Walk is a planned unit development within the immediate neighborhood of South Carlsbad. The project has two community pools. The properties located at 3295 Camino Coronado and 3298 Avenida Anacapa are located adjacent to the community pools. The pools are used intermittently with heavier use in the summer months. The table below contains two pairs with the sale at 3295 Camino Coronado which has transferred twice and one pair for 3298 Avenida Anacapa. The residual differences in values between these properties would be primarily attributed to the differences in value attributed to the proximity to the pools. The dollar differences are converted to a percentage of value. The indicated range is between 1% and 5%. Summerwalk Addrell .,.:;~·~,fi~:>,~,.f,~ ·• ·, GIA 8ecl lath Year Price .;, CO£ ·~ I.Oaltfon 3248Avenida Anacapa 1,634 3 2 1987 $665,000 4/10/2007 Residential 3295 camino Coronado 1,634 3 2 1985 $635,000 5/31/2007 S1des Pool $30,000 5% 5% 7958 calle Cozumel 1,634 3 2 1987 $619,000 5/7/2010 Residential 3295 camino Coronado Or 1,634 3 2 1985 $610,000 2/11/2010 S1des Pool $9,000 1% 1% 3317 Avenida Anacapa 2,915 5 3 1995 $390,000 2/13/1998 Residential 3298 Avenida Anacapa 2,915 4 3 1995 $385,000 12/18/1997 S1des Pool $5,000 1% 1% Median 1% Average 2% location 5: Cantebria Cantebria is a planned unit development within the adjacent community of Encinitas. The project has a community pool area and two tennis courts. The rear of the homes located on the south side of Via Montecito face these facilities. The pools are used intermittently with heavier use in the summer months and the tennis courts are lit and can be used into the evening. The table below contains five pairs of the sales comparing the homes with locations backing towards the tennis courts and pool area to the most similar competing sales within the community at the same time of sale which do not back to the courts or pool. The residual differences in values between the pairs would be primarily attributed to the differences in location and attributed to the noise and impact of lights. The dollar differences are converted to a percentage of value. The indicated range is between 1% and 6%. Median Findings While not the identical type of impact of the properties on Paseo Esmerado, these various locations and their influences are deemed reasonable substitutes to determine if a market based reaction exists. The preponderance of the available data reviewed does illustrate that the market does have a negative reaction to properties which have locations impacted by recreational facilities. Based on these 22 pairs, it is reasonable to conclude that the typical buyer would expect a discount in price to be enticed to purchase a home with close proximity to recreational facilities. The percentage of the discount ranged from 1% to 7% of value; both the median and average figures were 3% of value. In other words, on average homes with close proximity to recreational facilities sold at a 3% discount to homes with more private locations. The discount rates on the higher priced homes in the Ranch and La Costa Oaks were higher than the other neighborhoods. This would be attributed to buyers in these market segments being more discerning and demanding of larger discounts. .. Overvie-w -----~ r ~ 0 ° ~-~VM~~--_, __ _ ~Requesting a Minor Conditional Use Permit to fence in our back lot ("Lot 99") ~ Purpose of the fence is to provide safety and privacy for our family ~The fence will not block the path through Lot 99 ~Other home owners have extended their fence into Lot99 I !111·11U!Ibw~ . au l!illl ·~ Ia! rJI!1t! _, tit. ,f i!i I I I' I•· t. I '. I :( !I'Jtr if a~ jf bt I •. .. .. ,. !1! I iJ IJ r! ,. II U ... ,. Falllily Use _________ r ,-.a ---·---- ~We have two boys ages 1 and 3, 3rd son on the way. ~Purpose is to provide a safe, secure area for fam.ily use. --··------------------------------------- Pedestrian Traffic -----------~03 ---· - Gl The fence will not block the path through Lot 99 Gl There will be a 5 foot wide path that allows for pedestrian foot traffic, bicyclists, dog walkers, and children walking to school. Gl Emergency vehicles can gain access should the need arise through three separate 16 foot wide swing gates. 10 Days of time lapse video showing foot traffic --------~~~-------- ~Over a 10 day period this trail was used approx 20 times. Somedays there was no use, the most it was used in a single day was 4 times. ~Here is a video of a Saturday where you will see one family using the path outside of the proposed new fence line. Neighborhood Map Neighborhood Map Greven & Allin Fences -----03~---- ~ Two Families have already extended their fence into Lot99 03 Mr. & Mrs. Greven obtained easements for their fence line in 2006 03 Mr. & Mrs. Allin obtained easements for their fence line in 2009 -.c,'"/. Neighbors' Easements --------~0g~-------- DOC I 20~482261 ~RIQUIS'II!IlBY: 111111111.11111111 OU'YSMHAIN MVNIOPAL WAT!R DI81RICT AUQ 27. 20110 2:10 ""' AIC) '*'IN 'IOORD6D MAIL TO:: ""GIGO=~-918"' ..J:"DL-11113-0iiliYii"~ • OC> ... PACES:o ! -··--· :::;~·~f);, t "'':l.w/.1-'lf-J~GIXJCIJJIJM~r:c:;;;,~ e GRANT OF EASEMENT :ll/~fD OUVIIIORAUOMUNICIPALWA'RIIDIITIUCT,-'GIAimlll") __ .. ___ GIMA. 4loUN, l'llo.-ol ........ F ... y r..Minl20040onio-~loo--ot ........ thotoliowloo ..._..,~w-.,ftnoarf&ld-.,...._lll. ..... ..,...,..,_. . ._. .. .._......., ...... ..,to..a. ----.--•. ,..... ...... _. ...... -.-. ........... ... d ................ ,.,.... ; '"..W--..(o)la..._..lo ... ~olS..Dfooo,-otC ...... todlo_........,. ........ lllewt, ..,M1: A pootlooo otl ... 99 ofOoriMM<I T-No, H-1~111 dot City ofCorloW, ~ ol'S.. Olqo, S:o:aof Clllfololo, ,._ RIQUIISm)IY, ~MIJNiaPAI. WAtu.llimiCT ANDWHINIIIICOaDQ)IIWL to, "AM! OI.I\II!NIWN MUtfiCIPAL WAta DiS1IJCT STUI!T AllDQSI IINfOIJYIIIHAIN 1101111 ClrY eNCINirAI !~ ~ DOCI 2006-0388267 ~·············· .1\.W 01, 2008 1:46 PM --.......... au:TY-:rsOIIQ _., NIH.CIIlliiiVMCXINIIR "It a,: -. .,. .. ,. · CALIJ'iJRJ::A.. 1 ........ _.._.r ZIP ~~~·· ~ TilltOidlrtto. • "' ----~r,.a.:: .. _ ~--we-1;; m-r~- GRANTOFWATEREASE NT QI.IVJIII!liiiNUIIIai'ALWAlU--.a,a--.~-")--ioMIIIIUIL -~-...... .-......-..-C.-ol,._"""' ___ _ ____ ,,__ . ..,....._...,."OIAIITW').ill_ ........... -.--·' 'ts-.,llta~..-...-.-.a..._..,._..._..... .... ,_. • ..._....,. -.--. .................................. _......_ ............. .,. ... af-., --..... ""-·-·fa~eiSoollioeo.-eiCIIIb*. .. lo--.................. A ....,_lftii99111Cid!W TIIIIINo. ts-l .. lla .. atyaiCIIIIW,~efr.llMp,lllltef Cdo:l:lo In Closing ·~--~·-~·-··········-··-·-···--03 ··-··---------' ------·- ~ Lot 99 is Private Property that we own ~Saddle Ridge home owners do not have any interest in this property ~Pedestrian walkway will remain for all to use ~ 16 foot wide swing gates will be installed to allow for Emergency access if needed ~ Other home owners have extended their fence onto Lot 99 for private use