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HomeMy WebLinkAbout1975-10-07; City Council; 3418-2; SL&B Service Corp- Tentative Map ApprovalCITY OF CARLSBAD AGENDA BILL NO. 3418 Supplement #2 Initial; DATE: October 7, 1975 Dept. Hd. DEPARTMENT: Planning Clty Atty4 City Mgr. SUBJECT: Request for approval of Tentative Subdivision Map (CT 74-5A) Applicant: SL&B Service Corporation (John E. McCoy) S;t>itemant of the. Ma11 e r The Planning Commission originally recommended denial of CT 74-5A in March 1975 (P.C. Reso. 1142). The matter was forwarded to the City Council in May 1975, but subsequently tabled pending .decision on the Elm Street alignment. The Ctty Council adopted an alignment for Elm Avenue (Alt. #2) on July 15, 1975, and returned the matter to the Planning Commission for report. The Planning Commission offered their report at the City Council meeting of September 2, 1975 at which time the Council adopted Resolution 3706 and introduced Ord. 9433. The matter was subsequently returned to the Council for second reading. CT 74-5A has now been renoticed for public hearing and is properly before the Ctty Council. As a result of the Elm Avenue decision and the designation of a specific alignment for Elm Avenue and Appian Road, a majority of the concerns originally represented by the Planning Commission and the staff can be mitigated with proper conditions. The attached report to the City Manager of September 30, 1975 outlines reasons and conditions which should be added should the City Council decide to approve the Tentative Map. Exhibits; Planning Commission Resolution 1142 Staff Report.of October 2, 1975 Letter from SL&B Service Corp of March 13, 1975 Memorandum to City Manager of September 30, 1975 Recommendation: It is recommended that if the City Council is of the opinion that the mitigations and design alternatives offered by the resolution of Elm Avenue alignment and the comments contained in the memorandum to the City Manager of September 30 are sufficient, the Council announce its intent to approve CT 74-5(A) and instruct the City Attorney to prepare the necessary documents. Council action 10-7-75 The staff was instructed to prepare the necessary documents for approval of the Tentative map, and return the matter to the Council. The City Manager informed the Council the matter will be returned to the City Council at such time as the Larwin Specific Plan as been approved. DAA:rfdp / w 1 PLANNING COMMISSION RESOLUTION NO. 1142 2 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING THE TENTATIVE MAP 3 REQUEST FOR A 30-LOT SINGLE-FAMILY SUBDIVISION ON PROPERTY .LOCATED NORTHEAST OF THE INTERSECTION OF 4 EL CAMINO REAL AND APPIAN ROAD, ZONED R-A-10,000. CASE NO. CT 74-5(A), APPLICANT: JOHN E. McCOY, FOR 5 S. L & B SERVICE CORPORATION 6 7 WHEREAS, a verified application for a certain property, to wit: 8 A portion of Lot J of Rancho Agua Hedionda in the City of Carlsbad, County of San Diego, according to partition map 9 thereof No. 823 filed with the San Diego County Recorder on June 21, 1957, and further described in the files of the 10 Carlsbad City Planning Department; 11 has been filed with the City of Carlsbad and referred to the Planning Commission 12 and 13 WHEREAS, said verified application constitutues a request as provided by 14 Title 21, a subdivision code, of the "Carlsbad Municipal Code"; and 15 WHEREAS, said Commission considered all factors relating to the Tentative I16 I Map and found the following facts and reasons to exist: 17 1. The proposed map is not consistent with the Circulation Element of the General Plan since the map's proposed alignment of Elm Avenue 18 does not conform to the City's aporoved street pattern. 19 2. The design or improvement of the proposed subdivision is not consistent with applicable general and specific plans since the 20 proposed map does not conform to the Open Space and Conservation Element requirement for grading roadways and building pads in a 21 manner which maintains the integrity of natural slopes. 22 3. The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage since similar gradings as '23 proposed on their map have failed at nearby locations. 24 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of 25 Carlsbad as follows: 26 A) That the above recitations are true and correct. 27 B) That a Tentative Map is denied for a thirty-lot single-family sub- division on property located northeast of the intersection of El 28 Camino Real and Appian Road. 29 xxxxxx 30 x.xxxxx 31 xxxxxx 32 xxxxxx ••. c 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 Dominguez, Fikes, Jose, L'Heureux, Watson, Wrench NOES: None ABSENT: None ABSTAIN: None '"'/ .tf 7,, , ^Gsfry/Wrench, Chairman 8 9 IQ ATTEST: 11 12 Donald A. Agatep, Secretary 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 I ' -2- CITY OF PLANNING STAFF CARLSBAD DEPARTMENT REPORT October 2, 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) The alignment of Appian Road renders property to the north virtually undevelopable. 3) 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. 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- 11) Park-In-Lieu Fees shall be granted to the City concurrent 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. 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. <i4K 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 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) B) D) Location: The site Real between Appian is on the east side of El Camino Road and .Elm Avenue. 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) Site Description The Real site is located on looking El Camino Real and the Elm Avenue the Tiburon subdivision. The property is and is covered with native grasses. a hill over- extension through currently vacant 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 North: South: East: West: Property: R-A-10,000 R-l-10,000 R-A-10,000 R-A-10,000 R-A-10,000 and P-C F) Surrounding Land Use: The property is bounded by a Planned Community development to the north (Tiburon), a single family subdivision to the south (El Camino Real to the West, and vacant Camino Mesa), El land to the East, General Plan Recommendation The Land Use Element of the Plan designates the subject property as residential density at 0-4 dwelling units/acre. The a density of 3.0 units per acre. General low medium applicant proposes -4- ..,_.. 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 Ordinance Requirements: The Parks Ordinance requires payment of in-lieu fee's 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 Pol icy: 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) Mater: 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. \t 5) Improvement of Elm Avenue as shown in the City's adoptedalignment is. required. . * • . - 5 - .;.._• ., " v...: : „ . ....,-.;; •. • ' /P... S. L & B SERVICE cdltP. . . -/O ^/? W Builders & Developers . . '"^ £3 P.O. BOX "B" • \CO C'«.^'. """''?</» £^ CARLSBAD, CALIF. 92003 TELEPHONE (714) 729-9242 'March 13, 1975 City Council ' •-.-.'. City of Carlsbad '•'••'. l 1200 Elm Ave. . • * . Carlsbad, Gal. 92008 " • Re: Ten Tr0 74-5A - Gentlemen: • . We would like to appeal the decision which the planning com- mission made on March 11, 1975, regarding the above tract, wre 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. We would be happy to escort the Council to the site or answer any questions. Cur 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 at1 the last meeting covering the expired tentative, which adjoins our property, but they requested postponenent 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. By. /John E. McCoy MEMORANDUM September 30, T975 TO: CITY MANAGER FROM: PLANNING DIRECTOR SUBJECT: CT 74-5(A) SL&B Service Corp. (John E. McCoy) The subject tentative subdivision map, CT 74-5(A), was recommended for denial for reasons outlined in Planning Commission Resolution 1142. The primary reasons being nonconformance to applicable General and Specific Plans for the City, specifically: Circulation Element (Elm Avenue), Geologic and Seismic Safety Element (slopes) and Open Space and Conserva- tion (hillside grading). Inasmuch as it appears that the Elm Avenue questions have been resolved, the General Plan problems have in large part been mitigated. The Circu- lation Element and the proposed Elm Avenue alignment are now consistent. The slopes adjoining Elm Avenue have been for the most part stablized by erosion control measures to meet policy standards for grading slopes out- lined in the Geologic and Seismic Safety Element. As a result of the Elm Avenue decision and the design alternative for the Elm Avenue and Appian Road intersection, the concerns originally represented by the staff and the Planning Commission on gradina for the project site now will have to be modified to be consistent with the circulation system. A proper condition of approval would be to require improvement plans to include slope contouring, erosion control and minimum cut and fill by using hillside grading techniques and blending new grading operations with existing slopes. If these issues are met through final design, the comments offered by the staff would be mitigated. Additionally, the staff has reviewed the conditions contained in the staff report of March 11, 1975 and have found them to be consistent with applicable city ordinances with the following exceptions: Cond. #14 - Appian Way shall be dedicated and improved upon the basis of 60-foot right-of-way. Section A-A as shown on the Tentative Map shall only be applicable to that street frontage easterly of Lot 22 of the El Camino Mess Unit #1 Subdivision. Cond. #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. City Manager f*\ September 30, 197W Page 2 Recommendation: It is recommended that if the City Council concurs with the above findings that CT 74*5(A) be approved for the following reasons: a) The proposed Tentative Map is consistent with applicable General and Specific Plans in that the alignment of the major roads in the general vicinity are consistent with the Circulation Element, b) That the proposed grading and erosion control techniques are con- sistent with the Geologic and Seismic Safety Element. c) That the conditions represented herein, specifically grading, would be consistent with the policies and recommendations of the Open Space and Conservation Element. d) That the proposed map and subsequent conditions are consistent with . the City of Carlsbad Subdivision Ordinance. j In addition to the above reasons, the following conditions are noted in the f previous discussion and should be either revised or added: Revised Cond. #14 "Appian Road shall be dedicated to the City of Carlsbad concurrent with -final map recordation. The applicant shall improve the Road as follows: a) City standards for a 60-foot right-of-way shall be met; b) Section A-A as shown in Exhibit A dated January 24, 1975, shall only be applicable to that street frontage easterly of lot 22 of the El Camino Mesa Unit #1 subdivision; c) The alignment and design of Appian Road shall match that of the Elm Avenue Alignment Study as shown in Exhibit E of CT 74-25, dated 6/19/75." Revised Cond. #23 "Elm Avenue shall be dedicated to the City of Carlsbad concurrent with final map recordation. In addition, the applicant shall im- prove Elm Avenue with a 42-foot right-of-way per City standards along the center line of Elm Avenue from approximately STA 10 + 69 to STA 13 + 60 as shown on Exhibit E of CT 74-25, dated June 19, 1975. The tentative map shall be revised to show this align- ment and the Elm Avenue Street section." Add Cond. #24 "The approval of this Tentative Map shall be valid at such time as the ordinance for SP-104(A), City Council Ordinance #9433, is effective." Any questions you may have regarding this matter, please contact this office '" —/enienra. ~ A. Agatep PLANNING DIRECTOR