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HomeMy WebLinkAbout1985-04-09; City Council; 9748; Sunny Creek hillsides slopes (25% & more) approvalORDINANCE NO. 9748 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SPECIFIC PLAN SP-191 AS AMENDED REGARDING DEVELOPMENT ON HILLSIDES WITH SLOPES OF 25% OR GREATER FOR A RESIDENTIAL SPECIFIC PLAN FOR THE SUNNY CREEK AREA BOUNDED BY THE RIDGE LINE SOUTH OF FUTURE CANNON ROAD TO THE NORTH, FUTURE COLLEGE AVENUE TO THE WEST, THE SUNNY CREEK BIOLOGICAL HABITAT TO THE SOUTH AND THE DAWSON ECOLOGICAL PRESERVE TO THE EAST. APPLICANT: CITY OF CARLSBAD CASE NO.: SP-191 WHEREAS, the City Council of the City of Carlsbad, California has reviewed and considered a specific plan for futurc development of the site; and WHEREAS, after procedures and hearings held in accordance with the requirements of law the City Council has determined that the public interest indicates that said plan be approved . NOW, THEREFORE, the City Council of the City of Carlsbac does ordain as follows: SECTION 1: That Specific Plan SP-191 is hereby approvec subject to the conditions contained in the Planning Commission Resolution No. 2361 attached hereto and made a part hereof and further provided that the text of the specific plan shall be amended where applicable to modify the development restrictions on hillsides of slopes of greater than 25% to read as shown on Exhibit A attached hereto and incorporated by this reference. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adopt ion. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 2nd day of April I 1985, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 9th day of April , 1985 by the following vote, to wit: AYES: NOES: None ABSENT: Council I\lembers Casler, I;ewis, Kulchin, Chick and Pettine ATTEST: d- ( Seal ) MARY H.> CASLER, Mayor 1 2 3 4 5 6 7 8 9 10 11 12 1Z 14 1E 17 1E 15 2c 21 2: 2; 21 2f 2: 2E PLANNING COMMISSION RESOLUTION NO. 2361 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSRAD, CALIFORNIA, =COMMENDING APPROVAL OF SP-191 FOR A RESIDENTIAL SPECIFIC PLAN FOR THE SUNNY CREEK AREA BOUNDED BY THE RIDGELINE SOUTH OF CANNON ROAD TO THE NORTH, FUTURE COLLEGE AVENUE TO THE WEST, THE SUNNY CREEK BIOLOGICAL HABITAT TO THE SOUTH AND THE DAWSON ECOLOGICAL PRESERVE TO THE EAST. APPLICANT : CITY OF CARLSBAD CASE NO: SP-191 WHEREAS, a verified application has been filed with the Iity of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request is provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 26th day of ieptember, 1984, October 24, 1984 and on November 28, 1984, hold a iuly noticed public hearing as prescribed by law to consider said :equest; and WHEREAS, at said public hearing, upon hearing and :onsidering all testimony and arguments, if any, of all persons lesiring to be heard, said Commission considered all factors relating to the Specific Plan; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning :ommission as follows: 4) That the above recitations are true and correct. 3) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of SP-191, based on the following findings and subject to the following conditions: ?indings 1) The City Council has indicated its desire to retain the rural/estate atmosphere in the Sunny Creek area and has directed that a specific plan be prepared to accomplish this E E I( 1: 1: 1: 1, 1 1 1 1 1 2 2 2 2 2 2 2 2 2 ) The Sunny Creek Specific Plan will preserve and enchance the rural/estate character of the planning area by the application of the development standards and design criteria as contained in Exhibit X, dated October 24, 1984. This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Land Use Planning Manager on August 28, 1984 and approved by the Planning Commission on October 24, 1984. ) onditions: Approval is granted for SP-191, as shown on Exhibits A, B, C & X, dated October 24, 1984 incorporated by reference and on file in the Land Use Planning Office. PASSED, APPROVED AND ADOPTED at a regular meeting of the lanning Commission of the City of Carlsbad, California, held on he 28th day of November, 1984, by the following vote, to wit: AYES : NOES : Chairman Rombotis, Commissioners Marcus, Schlehuber, McFadden and Smith. Commissioner L'Heureux. ABSENT: None. ABSTAIN : Commissioner Farrow. iTTEST: LAND USE PLANNING MANAGER PC RES0 NO. 2361 -2- 0 .. _. r REPLACEMENT WORDING FOR SUNNY CREEK SPECIFIC PLAN SLOPE RESTRICTIONS Wherever development restrictions on hillsides with slopes of 25% or greater appear in the Sunny Creek Specific Plan the following language shall apply. disturbance may on a case by case basis be reviewed to allow exceptions. To allow exceptions to the disturbance restriction the City Council must make findings of fact, regarding slope disturbance as a part of the issuance of a coastal permit. __ Those slope areas which e2;;t completely restricted from The 1. 2, 3. 4. 5. 6. . following are mandatory findings to allow exceptions. A soils investigation conducted by a licensed soils engineer has determined the subject slope area to be stable and grading and development impacts mitigatable for at least 75 years, or life of structure. Grading of the slope is essential to the develop- ment intent and design. Slope disturbance will not result in substantial damage or alteration to major wildlife habitat or native vegetation areas . If the area proposed to be disturbed is predomin- ated by steep slopes and is in excess of 10 acres, no more than one third of the total steep slope area shall be subject to major grade changes. If the area proposed to be disturbed is predomin- ated by steep slopes and is less than 10 acres, complete grading may be allowed only if no inter- ruption of significant wildlife corridors occurs. , Because north-facing slopes are generally more prone to stability problems and in many cases I contain more extensive natural vegetation, no crradina or removal of vesetation from these areas ;ill b; permitted unless-all environmental impacts have been mitigated. Overridhg circumstances are not considered-adequate mitigation. .. EXHIBIT X OCTOBER 24, 1984 SULIIHY CREEK SPECIPIC PLAN IETRODUCTIOB The purpose of the Sunny Creek Specific Plan is to establish standards for development which promote a rural estate atmosphere and which preserve the unique environmental resources of the area bounded by College Avenue, the ridge line south of Cannon Road, the Sunny Creek biological habitat and the Dawson Ecological Preserve (Exhibit 'A'). The Sunny Creek Specific Plan is intended to be consistent with all elements of the Carlsbad General Plan. The Sunny Creek Specific Plan identifies the major environmental features of the site and specifies the permitted uses, development standards, design criteria and density pattern to ensure the protection of these environmental features. The intent of these standards is to maintain the rural/estate character of the Sunny Creek area. I. EEVIROHHEBTAL FEATURBS The Sunny Creek Specific Plan area contains and is bounded by significant environmental resources. The southern boundary is the Sunny Creek drainage basin. This is a well-developed riparian woodland which follows the Agua Hedionda Creek. The tree canopy is formed by willows, cottonwoods, western sycamore, and live oak. -This habitat contains 39 observed bird species of which 29 are associated with the riparian woodland.* The eastern boundary of the specific plan is the Los Monos Canyon containing the Dawson Ecological Preserve. This preserve contains rare plant species of mediterranean variety. A portion of this reserve was destroyed by a recent fire, however, the overall resource value of this preserve is still high. The Los Monos Canyon and Sunny Creek are part of the Agua Hedionda drainage bash.- The northern boundary of this area is the ridgeline south of the future alignment of Cannon Road Oceanside. and the Leisure World project in * Source - Del Mar Financial EIR The western boundary of the study area is the alignment of College Avenue. -The specific planning area is unique in that it is self contained-in terms of street circulation patterns. Access to the area can only be from either College Avenue or cannon Road. The property will not be subjected to through traffic to the east or south. The study area itself is made up of a series of ridges and minor drainage basins. The topography is slightly to moderately steep in most places, and severely steep in some areas. The ridges and drainage basins trend predominately towards the west and southwest. As a result of both natural and man made causes, several small ponds have been formed throughout the area. Specifically, the Mandana property and the Cantarini property contain several of these ponds. From a planning standpoint, the major environmental features suggest developable and nondevelopable areas of the plan. These areas are shown on the environmental constraints map (Exhibit 'B'). Preserve are indicated as open space and development would not be permitted in these areas. Also, the relatively steeper portions of the site (25% slope) will require prohibition of any development of these areas. The pond areas are considered to have some aesthetic value and for that reason should be considered for preservation or enhancement at the time of future development. 11. DEBSI!CY The density within the Sunny Creek Specific Plan shall transition from lowest density to the highest density in an east to west and south to north direction as indicated by the density vectors shown on Exhibit 'C'. The specific density of a project shall be determined at the time of project approval. In determining the specific density, the transition of density as indicated on Exhibit 'C' shall be the overriding consideration. Other factors to be considered in determining density shall be the densities of adjacent projects, site and topographical constraints, the reduction of density to minimize grading and the reduction of density to preserve and protect unique environmental resources. The Sunny Creek drainage area and the Dawson Ecological c -- Any existing separate parcel located within the Sunny Creek Biological Habitat or Lo8 Monos Canyon shall be permitted to develop at a maximum of one dwelling unit per acre. -2- 9 I11 - DRVBLOPLIBET EBGULATXO118 A. Pemitted Uses All uses, accessory uses, and conditional uses permitted in the R-E zone shall be allowed in the specific plan area. Notwithstanding any other provisions of the zoning ordinance, all development for residential purposes shall consist of single family detached units. B. Development Standards 1. Building Heiqht - No building in the specific plan area shall exceed a height of 35 feet. 2. Building Setbacks - Buildings shall be setback from property lines as follows: FRONT SETBACK : Lot Size Throuqh Streets* 6 Loop Streets Local, Cul-de-sac 1 + acres 1/2 - 1 70 70 40 35 - in the case of private streets, setbacks shall be measured from a pint 10 feet within the face of curb. SIDE SETBACK: Lot ’ Through Local, Cul-de-sac Interior - Size Street Side & Loop Street Side Side 1 + acres 50 30 20 1/2 - 1 acre 50 25 20 - in the case of private streets, setbacks shall be measured from a point 10 feet within the face of curb. REAR SETBACK: . Lot Size 1 + acres 1/2 - 1 acre Rear Yard 40 30 * Through streets are those streets within the Sunny Creek area that provide primary access from College Avenue and Cannon Road. * ”. -3- IO .... 3. Minimum Lot Area. The minimum required area of a lot shall be determined as follows: Project Density Minimum Lot Area 0-1 du's/acre ' 1 Acre 1-2 du' s/acre 1/2 Acre 4. Placement of Buildings. Placement of buildings on any lot shall conform to the requirements of the R-E zone. 5. Subdivision of'tand. The subdivision of land in the specific plan area shall be subject to the following: (a) Subdivisions shall be subject to all provisions of the city's subdivision regulations (Title 20) , except as specified herein: (b) In addition, the final reviewing body shall review the tentative map for compliance with the intent and purpose of .the specific plan and with the following standards: (i) Preservation of the rural and natural characteristics of the area within the specific plan area: c (ii) Property lines shall be designed in keeping with the terrain by following natural drainage courses, ridge lines and tops of graded Slopes# wherever practicable: (iii) Each lot of the subdivision is buildable with usable access without undue alteration of the terrain. (c) To facilitate this review, the applicant shall submit a preliminary grading plan to the city with the tentative map. The preliminary grading plan shall show existing topography, preliminary grading, drainage, drives, building pads, streets and trails. In addition, the preliminary grading plans shall indicate all areas of mature trees and native perennial vegetation. (d) In addition to the findings required by Title 20 - and the Subdivision Map Act, the City Council must also find that a subdivision is consistent with the requirements of this section. subdivision to meet the standards of this section shall be grounds for denial. Failure of a - 4- .) I. 6. Street Improvements. All street improvements shall be requires- in accord with the Carlsbad Municipal Code and adopted policies and standards of the City of Carlsbad. In addition, the following street improvement standards are based on average daily trips (ADT) and shall apply in the Sunny Creek Specific Plan area: Standard 500 ' ADT 500 - 2500 ADT Design Speed Intersection Spacing Minimum R.O.W. Width Curb to Curb Minimum Traffic Index Minimum Structural Section Stopping Site Distance Minimum Horizontal Radius Maximum Grade Minimum Grade 25 . 150' 48 ' 32' 5.0 3" AC 6" AB 160' 200 158 0.5% 25 300 ' 32' 48 8 6.0 4" AC 6" AB 160' 300 ' 12% 0.58; The following standards shall apply to all streets within the Sunny Creek Specific planning area: Eliminate sidewalks or reduce sidewalks to one side - of street. as per the requirements of the City Engineer arid Land Use Planning Manager. Provide curbs and gutters. On-street parking is permitted on one side of a street. The city's cul-de-sac policy shall apply to all projects. At T intersections, the tangent section on a through street may be eliminated when the intersecting street enters on the outside of the curve. Otherwise, a 50' tangent measured from the back of curb return shall be provided. On reverse curves, a minimum SO' separation tangent shall be provided. All curb returns shall have a minimum radius of 20' . Cross gutters may be P.C.C. darkened. Street lights shall be provided at each rural/estate appearance. Street trees within any development shall be planted in such a way as to preserve a rurallestate character, subject to the approval of the Land Use Planning Manager. intersection and shall be designed to retain a (j) -5- 1.2 -. (k) (I) A variance to these standards may be approved Driveway curb depressions shall have a maximum wiath of 12'. subject to the requirements of the variance section of the Engineering Department Street Standards Manual 7. Covenants, Conditions and Restrictions. The filing of a tentative map in the specific plan area shall include the submittal of proposed private deed covenants, conditions and restrictions. As a minimum these documents shall include the following provisions: (a) Lots in the specific plan area may not be resubdivided. (b) Minimum floor area for dwelling units shall be included, (c) Provisions for the maintenance of private property, including private streets, pedestrian and equestrian trails and open areas, are in a manner consistent with the purposes of this zone. (d) If custom lots are proposed, maximum grading provisions shall be included. (e) The city shall have the right but not the obligation to enforce the provisions of the CCbR's relating to the specific plan. c (f) . The covenants, conditions and restrictions may not be amended without the approval of the final reviewing body. approval of the final map. The CCSIR's must be approved and recorded prior to IV. DESIGB STAEDARDS A. Grading The grading of any project within the specific plan area shall comply with the following design standards: 1) Grading for-large subdivisions shall be minimized, however, where grading is necessaary it shall blend with the natural topography wherever practicable; Grading shall be contoured to blend with the natural topography and shall avoid sharp angles wherever practicable; 2) 3) Large cut and fill slopes shall be avoided aerever possible. - -6- "> . .I. _. e 4) Grading, except to provide public or private streets, shall not be permitted on any land which has a slope of 25% or greater. B. Building Orientatio'ns Building orientations shall comply with the following design standards: \ 1) The orientation of buildings within a subdivision shall relate to the natural topography; 2) Unique features of individual sites (e.g., mature trees, rock outcroppings, mounds, etc.) shall be preserved: 3) Buildings shall be spaced and oriented in such a way as to project a sense of openness and randomness and, in so doing, keeping with the intent of maintaining a rural character: 4) Buildings shall have a desirable visual appearance from all practical view points, adjoining developments, streets, trails and other view corridors. C. Streetscape Streetlights, street signs, bus benches and all other street furniture shall be of a rustic character. Detailed plans for said street furniture showing the types of materials and colors shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of the first building permit within the specific plan area. ..- - BH/ar 10/17/84 2. -7- SUNNY CREEK PROPERTY OWNERS