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HomeMy WebLinkAbout1975-07-15; City Council; 3418; Tentative Map Approval for Elm Ave Alignmentc "•"V1 CITY OF CARLSBAD AGENDA'BILL NO. 3418 • Initial: Dept.Hd.\\ C. Atty. DEPARTMENT: Planning _^ C. Mgr. Sub3ect: Request for approval Tentative Subdivision Map CT 74-5(A) and Elm Avenue Alignment- Proposed Adjustment Applicant: John E. McCoy [ • Statement of the Matter: The Planning Commission is recommending denial of CT 74-5(A) for reasons outlined in Planning Commission Resolution 1142 dated March 11, 1975. The Planning Commission is recommending denial inasmuch as subject tentative map is not consistent with applicable General and Specific Plans for Circulation, Geologic Hazards, policies and guidelines of the Open Space and Conservation Element relating to hillside development. The matter has been appealed to the City Council Exhibits: Memorandum to City Council dated July 10, 1975 Planning Commission Resolution No. 1142 Staff Report dated March 11, 1975 Memorandum to City Manager dated April 14, 1975 Letter from SL & B Service Corporation dated March 13, 1975 Recommendation: Staff recommends that CT 74-5(A) be denied for reasons outlined in Planning Commission Resolution No. 1142. If the City Council concurs with the Planning Commission recommendation, the Council should direct the City Attorney to prepare.the necessary documents of denial. If, on the other hand, the alignment of Elm Avenue should be amended to reflect align- ment as depicted on the proposed tentative map 74-5(A), the matter should be approved subject to conditions contained in the Planning Department staff report of March 11, 1975 and returned to the Planning Commission for report. The City Council must also find that the subject tentative map is consistent with appropriate General and Specific Plans and is consistent with the Subdivision Ordinance of the City of Carlsbad. 7-15-75 The matter was continued to the earliest possible date. MEMORANDUM July 10, 1975 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: PLANNING DIRECTOR SUBJECT: HISTORY OF AGENDA BILL 3418 Agenda Bill 3418 is an agenda bill which combines two prior agenda bills presented to City Council, agenda bill 3329 and agenda bill 3342. On April 1, 1975 City Council was presented with agenda bill 3329, a request for approval of tentative subdivision map CT 74-5(A). Inasmuch as there were a number of issues relating to Elm Avenue which had not been resolved, the matter was returned to staff with the instruction to return on April 15 with a full report on a proposed adjustment to Elm Avenue. April 15 agenda bill 3342 was presented to the City Council. Agenda bill 3342 addressed Elm Avenue alignment, proposed adjustment. After full report by the staff on the Elm Avenue question, the Council instructed the staff to set to public hearing at the Planning Commission the Elm Avenue alignment and tabled the requested tentative subdivision map CT 74-5(A) with instructions to return the matter to City Council in 90 days (July 15, 1975). Agenda bill 3418 now incorporates the contents of the subject matter con- tained in agenda bills 3329, request for approval of tentative map CT 74-5(A) and agenda bill 3342, Elm Avenue alignment, proposed adjustment. Donald A. Agatep DAA/br I 1.'4 5 6 7 8 9 10 11 12 13 14 15 16 1? 18 19 20 21 22 23 241 25 26 27 28 29 301 31 32 • PLANNING COMMISSION RESOLUTION NO. J142 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING THE TENTATIVE MAP REQUEST FOR A 30-LOT SINGLE-FAMILY SUBDIVISION ON PROPERTY LOCATED NORTHEAST OF THE INTERSECTION OF EL CAMINO REAL AND APPIAN ROAD, ZONED R-A-10,000. CASE NO. CT 74-5(A), APPLICANT: JOHN E. McCOY, FOR S. L & B SERVICE CORPORATION WHEREAS, a verified application for a certain property, to wit: A portion of Lot J of Rancho Agua Hedionda in the City of Carlsbad, County of San Diego, according to partition map thereof No. 823 filed with the San Diego County Recorder' on June 21, 1957, and further described in the files of the Carlsbad City Planning Department; has been filed with the City of Carlsbad and referred to the Planning Comnissi and . WHEREAS, said verified application constitutues a request as provided by Title 21, a subdivision code, of the "Carlsbad Municipal Code"; and WHEREAS, said Conmission considered all factors relating to the Tentative Map and found the following facts and reasons to exist: 1. The proposed map is not consistent with the Circulation Element of the General Plan since the map's proposed alignment of Elm Avenue does not conform to the City's approved street pattern. 2. The design or improvement of the proposed subdivision is not consistent with applicable general and specific plans since the proposed map does not conform to the Open Space and Conservation Element requirement for grading roadways and building pads in a manner which maintains the integrity of natural slopes. 3. The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage since similar gradings as proposed on their map have failed at nearby locations. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the above recitations are true and correct. B) That a Tentative Map is denied for a thirty-lot single-family sub- division on property located northeast of the intersection of El Camino Real and Appian Road. xxxxxx xxxxxx xxxxxx xxxxxx Bc TV 1 z 3 4 5 ' 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 221 23 PASSED,. APPROVED AND'ADOPTED at a regular meeting of the City of Carlsbad Planning Commission held on March 11, .1975 by the following vote, to wit: AYES: Commissioners Domingiiez, Fikes,-Jose, L'Heureux, Watson, Wrench NOES: None ABSENT: None - , , , - ABSTAIN: None ATTEST: -25 26 27 28 29 30 31 32 . .. anald A. Agatep, Secretary -2- c CITY OF CARLSBAD PLANNING DEPARTMENT STAFF REPORT March 11, 1975 TO: FROM: REPORT ON: APPLICANT: PLANNING COMMISSION PLANNING DEPARTMENT CONSIDERATION OF REVISED TENTATIVE MAP - CT 74-5(A) JOHN E. MCCOY FOR S.L. & B SERVICE CORP. 592 ELM AVENUE CARLSBAD, CA 92008 I. REQUEST: The applicant is requesting approval of a revised tentative map to allow a 30 lot single family subdivision on property located northeast of the intersection of El Camino Real and Appian Road. II. RECOMMENDATION; Staff recommends that CT 74-5(A) be DENIED based on the following justification: 1) The map's proposed alignment of Elm Avenue does not conform to the City's approved street pattern. 2) TheThe alignment of Appian Road renders property to the north virtually undevelopable. 3)The proposed map does not conform to the Open Space ai Conservation Element requirement for grading roadways and building pads in a manner which maintains the inti n f natural clnneicof natural slopes Recommended Conditions of Approval; Should the Commission determine to approve the project, staff recommends the follow- ing conditions be applied: 1) The Final Map shall be submitted for approval within one year from final action by the City Council on the Tentative Map. The Final Map shall be in substantial conformance with the Tentative Subdivision Map, known as CT 74-5(A), Exhibit A, dated January 24, 1975. 2) The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all the requirements, limitations and restrictions of all municipal ordinance and State and Federal statutes now in force, or which, hereafter, may be in force for the purpose of preserving the residential characteristics of adjacent properties. 3) All public improvements shall be made in conformity to the City of Carlsbad Engineering Design Criteria and Standard Plans, the Subdivision Ordinance and other City Standards, to the satisfaction of the City Engineer, without cost to the City of Carlsbad, and free of all liens and encumbrances. Improvement plans for water and sewer systems shall meet the requirements of the respective service districts. 4) All land and/or easements required by this Ordinance shall be granted to the City of Carlsbad without cost to the City and free of all liens and encumbrances. No easements shall be recorded prior to approval of the Final Map unless approved by the City Engineer. 5) All utilities, including provisions for cable TV, shall, be placed underground and/or shall be completely con- cealed from view. 6) Ornamental street lighting shall be provided for as required by Municipal Ordinance Code. The developer shall pose a bond and/or cash in the amount necessary to ener- gize said street lights for an eighteen month period after construction, to permit the incorporation of the subdivision into a maintenance district. This shall be done prior to approval of Final Map. 7) The improvement plans shall include a report of a geological investigation and a complete grading plan of the site when required by the City Engineer. The report and plan shall be prepared by Civil Engineers licensed by the State of California, and experienced in erosion control. Said Engineer shall certify that they have investigated the site and prepared data with full consideration of the consequences to the included and neighboring properties and conform to the standards of the Geological Safety Element of the General Plan. 8) All slopes created as a result of this development shall not exceed a 2:1 slope. 9) Ingress and egress along the property line bordering public street right of way for all lots shall be dedicated, except at location as specified by the City Engineer. Dedication shall be made prior to approval of Final Map. 10) In order to provide for reasonable fire protection during the construction period, the subdivider shall maintain passable vehicular access to all buildings and adequate fire hydrants with required fire flows and dry-stand pipes shall ,be installed prior to framing construction. -2- c(( I 11) Park-In-Lieu Fees shall be granted to the City concurrentr with City Council approval of the Final Map. 12) An all-weather access road (existing Appian Way) shall be provided for at all times to serve properties to the east. 13) Half street dedication and improvements for El Camino Real (126-foot right-of-way) shall be required, including Mission Bell street lights for all development frontage. 14) Appian Way shall be dedicated and improved on the basis of a 60-foot right of way. Section AA as shown on the tentative map shall be only applicable to that street frontage easterly of Lot 22 of the El Camino Mesa Unit No. 1 subdivision. 15) Developer shall comply with existing reimbursement agree- ment fee requirements prior to tie-in to sewer in El Camino Real. 16) The underground drainage, water and sewerage systems are not approved as shown and are subject to modification and approval by the City Engineer as part of the final improvement plans. Water will be provided by the City of Carlsbad, subject to approved water system calculations. » 17) An offsite drainage easement will be required as necessary. 18) An improved stub street to the northerly project boundary, including water and sewer lines to the adjacent property shall be required. 19) Access rights shall be dedicated along El Camino Real except at public street intersections. 20) All-weather access shall be provided to all manholes and cleanouts. Any water, sewer or storm drain lines installed in slopes shall be placed normal to the slope. 21) The applicant shall agree to participate in the construction of a 10-inch water line in El Camino from Chestnut Avenue to Appian Way. 22) The applicant shall install landscaping and irrigation systems on all graded slopes upon completion of the grading. This shall be done to the satisfaction of the City Engineer and Parks and Recreation Director. •\ -3- c 23) The developer shall dedicate and agree to improve Elm Avenue right of way to the alignment adopted by the City Council. The tentative map shall be revised to show this alignment and the Elm Avenue Street section. III. BACKGROUND: A) Location: The site is on the east side of El Camino ;pc^ Real between Appian Road and Elm Avenue. B) Legal Description: A portion of Lot J of Rancho Agua Hedionda in the City of Carlsbad, County of San Diego, according to partition map thereof No. 823 filed with the San Diego County Recorder on June 21, 1957. C) Si te Descrl.P.t ion. : The site is located on a hill over- looking El Camino Real and the Elm Avenue extension through the Tiburon subdivision. The property is currently vacant and is covered with native grasses. D) Project Description: The applicant is proposing to build an identical subdivision to that which was approved by the City Council in June, 1974 with one exception: The applicant's original survey showed the property to be outside of the alignment for Elm Avenue. Subsequent surveys revealed that a portion of the Elm alignment is within the subdivision boundaries. Because of this and other errors, the original tentative map is invalid. The applicant is now proposing that, in order to maintain the subdivision in its original configuration, the Elm alignment be moved to the north so that it is entirely within the Larwin subdivision. E) Zoning: Subject Property: R-A-10,000 North: R-A-10,000 and P-C South: R-l-10,000 East: R-A-10,000 West: R-A-10,000 F) Surrounding Land Use: The property is bounded by a Planned Community development to the north (Tiburon), a single family subdivision to the south (ET Camino Mesa), El Camino Real to the West, and vacant land to the East. G) General Plan Recommendation: The Land Use Element of the General Plan designates the subject property as residential low medium density at 0-4 dwelling units/acre. The applicant proposes a density of 3.0 units per acre. -4- tc o H) Environmental Impact Requirements: The applicant submitted an environmental impact assessment form with the original application.. The project was declared to have a non- significant effect on the environment because it was small in scale and consistent with other developments in the area. I) Parks Ordi nance Requirements: The Parks Ordinance requires payment of in-lieu fees for all subdivisions with less than 50 lots. The applicant will be required to pay park fees prior to recordation of the final map. J) Public Facilities Policy; 1) Schools: The applicant has provided the City with a letter from the Carlsbad Unified School District stating that school facilities will be available to serve the project. 2) Sewer; The City recently secured additional capacity in the Vista trunkline for the purpose of sewering the subject property and other nearby properties. While line capacity and treatment capacity is available at present, sewer facilities are only guaranteed if that capacity is still available at the time of building permit application. 3) Water; The project is to be provided with water service by the City of Carlsbad. The present 8" water line serving the El Camino Mesa subdivision is inadequate to serve the proposed subdivision. The applicant will be required to participate in construction of a 10" line between Appian Road and Chestnut on El Camino Real. This line would be looped with the existing 8" line and would serve the proposed subdivision, IV. DISCUSSION OF SPECIFIC ITEMS: A) Conditions of Approval: The conditions of approval are similar to those of the approved tentative map, with these exceptions: 1) Minor rewording has occurred, but the intent remains unchanged; 2) Conditions which are already covered by City Ordinance or policy requirements have been deleted; 3) A condition requiring landscaping for cut and fill slopes has been added. 4) Cut and fill slopes are limited to 2:1 maximum. -5- 5) Improvement of Elm Avenue as shown in the City's adopted alignment is required. B) E1m A v e n u e A1i g nm en t: The Engineering Department has recommended that the Alignment of Elm Avenue not be changed and that the tentative map be denied. There are several reasons for this: 1) The alignment was established by the City Council several years ago. An EIR was Certified for Elm Avenue alignment study and public testimony was allowed. 2) There is no physical reason for changing the alignment; 3) The change in alignment would force one developer to bear all of the costs when both properties would be eventually sharing the benefits. To maintain the existing alignment will cause the developer to lose 2 or possibly 3 lots and force the developer to redesign the subdivision. However, Staff does not consider this sufficient justification for changing the alignment. C) A p pi a n Road Alignme n t: The applicants' alignment of Appian Road as it stubs out at the northern property boundary, is not acceptable. The property owner to the north would be forced to construct a single loaded street close to the bank overlooking El Camino Real. This is not a functional alignment and would be prohibitively expensive. In all likelihood, to maintain this alignment would preclude development of the property to the north.. ATTACHMENTS: Plot Plan, Exhibit A, dated 1-24-75 Letter from Carlsbad Unified School Dist. City Council Resolution #3440-A -6- c 0 c MEMORANDUM April 14, 1975 TO: CITY MANAGER FROM: PLANNING DIRECTOR AND CITY ENGINEER SUBJECT: ELM AVENUE ALIGNMENT - EAST OF AVENIDA DE ANITA (REQUEST FOR APPROVAL OF TENTATIVE MAP FOR CARLSBAD TRACT 74-5(A)) At the April 1, 1975 City Council meeting (Agenda Bill No. 3329 Request for approval of tentative map for Carlsbad Tract 74-5(A)) considerable discussion centered on the alignment of Elm Avenue. A motion, stating the intent on the part of the Council to consider a request for a change in the alignment of Elm Avenue, not to exceed 42 ft. in the area of the subject tentative map, was passed unanimously. As a part of that motion, staff was instructed to return with a full report on the matter. The alignment of Elm Avenue was adopted December 19, 1972 as shown on the original Larwin Specific Plan Ordinance No. 9324, Tanglewood. This alignment was adopted after a number of public hearings as an amendment to the Circulation Element of the General Plan (City Council Resolution No. 3036). To satisfy the City Council's instructions, the staff has prepared the following analysis of a potential Elm Avenue realignment: 1. The maximum change in the Elm Avenue alignment would be 40 ft. (84 ft. of right of way total; 44 ft. of right of way already is planned to be taken from the Larwin property to the north). 2. With respect to the grading requirements, the "surface failure" that Mr. McCoy (S. L & B Service Corporation) referred to as a temporary problem created by the installation of sprinklers is not accurate. A soils report by Southern California Testing Laboratory entitled "Remedial Recommendations - Slope Failures, Tanglewood Subdivision" dated January 31, 1974 refers to; "The highly fractured and slickensided structure of the claystone is believed to be the result of unloading due to the removal of heavy overburdened pressures. The construction of this cut slope has caused further unloading in the lateral direction of the soils exposed in the face of the slope. ; Apparently, this recent unloading has opened the fractured joints and allowed water to penetrate during the recent heavy rainfall." The staff is of the opinion that potential realignment of Elm Avenue would not necessarily mitigate the slope failure problem. However, there are a number of solutions to the slope issue which should be addressed: 1. The subdivision, as currently designed, could be regraded to provide 2:1 slopes. The increased slopes would require an additional 20 to 25 ft. on Lots 24, 25 and 26 of Carlsbad Tract 74-5(A). If, in fact, regrading were accomplished, the cul-de-sac could potentially be shortened and Lots 23 through 26 redesigned so as not to lose any lots but to provide four buildable pads. The redesign may incorporate the use of panhandle lots as a method of preventing lot loss. 2. The existing 1^:1 slope could be retained (if additional soils testing and analysis recommends). However, the City would also restrict any building construction, including swimming pools, attached patios or other buildings to a building line 25 to 30 ft. from the existing top of slope. This alternative would permit Mr. McCoy to construct dwelling units on the three aforementioned lots without losing additional land. In summary, an alignment shift on Elm Avenue of 40 ft. to the north would be an acceptable alignment for the general public, but may have adverse effects on the Larwin property and beneficial effects on the S. L & B property. If it is the Council's desire to approve such realignment, there are a number of other issues which must be understood: 1. Inasmuch as the current alignment of Elm Avenue was adopted as part of the Circulation Element of the General Plan, any realignment would have to go through normal General Plan Amendment hearings before the Planning Commission and City Council. The General Plan hearings would necessitate delay of any decision on Mr. McCoy's tentative map (possibly ninety days). There- fore, it may be necessary for Mr. McCoy to either agree to a 90-day extension or withdraw his current tentative map as has been submitted. The process will also require, once the General Plan Amendment has been accomplished, an amendment to the adopted Specific Plan for Larwin. The Specific Plan Amendment would realign Elm Avenue as directed by the Council. The Specific Plan Amendment may only occur after the Council has accomplished Hearing on the General Plan, and, like the General Plan, the Specific Plan will necessitate public hearings by the Planning Commission and the City Council. These hearings must occur prior to decision on CT 74-5(A). 2. The Planning Commission recommended denial of Carlsbad Tract 74-5(A) for reasons contained in the staff report dated March 11, 1975. Among the reasons for denial were: a) "The proposed map does not conform to the Open Space and Conservation Element requirement for grading roadways and building pads in a manner which maintains the integrity of natural slopes". The staff evaluation of the proposed subdivision design was directed toward meeting objectives and recommendations of hillside development, contained in the Open Space and Conservation Element. The subdivision, as proposed, would require a number of high manufactured slopes in order to build the subdivision. If the Council is of the opinion that the subdivision as presently designed is satisfactory, the objection pointed out by the Planning Commission and the staff must be addressed in the following manner: Existing natural topography is irregular and traversed by a number of deep gulleys/ravines. To meet construction requirements for street grades, slopes and to provide for housing, it is necessary to grade in a manner that will make the subdivision acceptable to local public safety standards. b) Additionally, the Planning Commission recommended denial because: "the alignment of Appian Road renders property to the north virtually undevelopable". -3- c In the opinion of the staff, the Appian Road alignment will provide adequate access to tjie property to the north (Felkins). The Pel kins property cannot reasonably gain access from Elm Avenue north from El Camino Real. The current alignment of Appian Road is acceptable and is one which the staff feels would provide reasonable access, even though it would require filling and grading of the ravines and gulleys that continue to the north. 3. In the event the Council feels Elm Avenue should be realigned as proposed by Mr. McCoy, the following conditions should be levied on any approval: a) that one half street improvements of a 64 ft. curb to curb within an 84 ft. wide right of way shall be constructed. b) that a soils investigation and report should be conducted on all slopes so as to justify the retention of 1%:1 slope ratios, or to justify the desirability of increasing the slope ratio to 2:1. Said soils investigation should be prepared at the direction of and to the satisfaction of City Engineer. c) Other conditions as required in the March 11, 1975 Planning Department staff report to the Planning Commission should be retained. In the event City Council does not feel that any realignment of Elm Avenue is necessary and that the needs of the City can best be met by no realignment, City Council should deny Carlsbad Tract 74-5(A) for the reasons outlined in the Planning Commission Resolution No. 1142. Donald A^Agatep ~~ \ ~ \ Tim Flanagan DAA/TF/br ATTACHMENTS: Planning Department Staff Report to the Planning Commission dated March 11, 1975 Planning Commission Resolution No. 1142, recommending denial of Carlsbad Tract 74-5(A) City Council Resolution No. 3036, adopting amendment to the Circulation Element of the General Plan City Council Ordinance No. 9324, adopting a Specific Plan for Larwin (Tanglewood) Graphics of proposed 2:1 slope with the existing subdivision and graphics showing potential redesign _ <b' S. L & B SERVICE CORP. . •/£ W^Q7c '^ Builders & Developers ssiaaao&sx. P.O. BOX "B" CARLSBAD. CALIF. 92008 TELEPHONE (714) 729-9242 March 13, 1975 City Council City of Carlsbad 1200 Elm Ave0 Carlsbad, Cal. 92008 Re: Ten Tre 74-5A Gentlemen: We would like to appeal the decision which the planning com- mission made on March 11, 1975, regarding the above tract, we wrote you on January 23, 1975, regarding our problem with the alignment of Elm Avenue easterly of El Camino Real, which should be considered along with this letter. It was referred to a revised tentative map hearing and was denied on the basis of not complying with the General Plan. He ask that you personally view the problem as existing at the site and see if it isn't more logical to move the right of way easterly forty-two feet than it would be. to move several hundred thousand yards of dirt. Me would be happy to escort the Council to the site or answer any questions. Our engineer has made a new layout showing the proposed alignment, which your chief engineer has in his possession. Larwin was schedule to re-submit a new tentative at the last meeting covering the expired tentative, which adjoins our property, but they requested postponens nt until at least the next meeting. Therefore, we would appreciate your early review and decision for everyone's concern, as this extension is vitally important to several tracts easterly of El Camino Real, and there is no way we can move the dirt and put in the street which doesn't have any value to our small tract. Yours very truly, S. L & B SERVICE CORP.