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HomeMy WebLinkAbout1976-04-20; City Council; 3628; Proposed tentative subdivision Chestnut Gardentsc • -CITY OF CARLSBAD BILL NQ. . DATE: ApriT 20,' 1976" * DEPARTMENT: PLANNING Initial:' Dept. 'Hd. City Atty V -< City Mgr.JN SU&OECT:PROPOSED—TENTATIVE SUBDIVISION (CT 76-1) CHESTNUT GARDENS 'Statement of the Matter ; The Applicant, Marvin Humphreys, has requested approval of a 5-lot subdivision. The 1.14-acre site is located on the southeast corner of Monroe and Chestnut Streets. The Planning Commission conducted a public hearing on the matter March 24, 1976, and recommends that the subdivision be approved for reasons and subject to the conditions of the attached Planning.Commission Resolution No. 1225. • Exhibi ts . PC Resolution No. 1225 Staff Report, dtd. 3/24/76 Tentative Subdivision Map, Exhibit A, dtd. 2/6/76 Recommendation; If the City Council concurs with the findings and recommendation of Planning Commission Resolution No. 1225, the Council should instruct the City Attorney to prepare the necessary documents. . Council act'ion " .'•••' 4-27-76 Following the public hearing the City Attorney was instructed to prepare the documents necessary -for approval of the tentative ^subdivision map for Carlsbad Tract 76-1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION. NO. 1225 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOM- MENDING APPROVAL OF THE TENTATIVE MAP REQUEST FOR A FIVE LOT SUBDIVISION ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF MONROE STREET BETWEEN CHESTNUT AND KARREN LANE . CASE NO. CT 76-1 APPLICANT: MARVIN HUMPHREYS WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did on March 24, 1976, hold a duly noticed public hearing to consider a request by Marvin Humphreys; and WHEREAS, a verified application for certain property, to wit That portion of Track 256 of Thum Lands in County of San Diego, California according to Map 1681, December 9, 1915, 15 has been filed with the City of Carlsbad and referred to the16 Planning Commission; and WHEREAS, said verified application constitutes a request as18 by provided by the "Carlsbad Municipal Code"; and •L*/ WHEREAS, the applicant has complied with the Public Facility Policy of the City of Carlsbad and has provided the necessary information which insures Public Facilities will be available and current with need; and WHEREAS, the subject application has complied with the re- quirements of the City of Carlsbad "Environmental Protection Ordinance of 1972" because: (1) An Environmental Impact Assessment of the Project was conducted and a negative declaration issued for the following reasons: 1 2 3 4 20 21 22 23 (a) The Project is"located in an existing urbanized area in which the natural environment has been irretrievably altered; (b) No grading is proposed; and (c) The project will not necessitate any significant increase in the supply of public facilities. 5 WHEREAS, the proposed map meets or performs the requirements 6 or conditions of the "Carlsbad Municipal Code" or the Subdivision Map Act; and 8 WHEREAS, at said hearing a staff was presented and all persons 9 desiring to speak on the subject request were heard. At the con- 10 elusion of said hearing, after considering all the evidence pre- sented, the Planning Commission made certain findings and reached 12 a decision on the request as hereinafter set forth: 13 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of 14 the City of Carlsbad as follows: 15 (A) That the above recitations are true and correct. 16 (B) That the Planning Commission makes the following findings of fact:17 18 •*"' __ _ _is consistent, with the General Plan because: 19 (1) That the proposed map, its design and improvements, (a) The land use and net density of the Project (4.4 dwellings per acre) conform to the General Plan land use designation in that the proposed development is compatible with other single family detached R-l-7,500 developments in the surrounding area; (b) The proposed map does not conflict with any other Element of the General Plan. 24 (c) All necessary public facilities are available 25 to the site or will be installed as conditions of this approval. 26 (2) The five foot side yard created by the subdivision 27 on Lot 5 of the proposed map is consistent with the Zoning Ordinance of the City of Carlsbad because: 28 -2-3 1 2 o reduced side yard; 4 5 13 14 15 17 (a) The opposite side yard has been increased in width by an amount equal to the reduction of 1.9 feet; A&/T(b) Lot 5 does not awfe a lot with an adjacent (c) The increased side yard has a width in excess of ten feet, as prescribed in Section 21.10. 040 (A2) of the Carlsbad Municipal Code. (C) That in view of the findings heretofore made and con- sidering the applicable law, the decision of the Plan- ning Commission is to approve Case No Ct 76-1 subject to the following conditions : (1) The approval is granted for the land described in the application and any attachments thereto, and as shown on the plot plan submitted labeled Exhibit A, dated February 6, 1976. The Final Map shall be submitted within eighteen months from the date of final action by the City Council on the Tentative Subdivision Map. The Final Map shall be in sub- stantial conformance with the Tentative Subdivision Map, Exhibit A. (2) Park-in- lieu fees shall be granted to the City . of Carlsbad prior to City Council approval of the Final Map. (3) Prior to City Council approval of the Final Map, the applicant shall formally request withdrawal of ZC-113 and SP-113 by letter to the Secretary of the Planning Commission.18 (4) Chestnut Avenue shall be dedicated and improved on the basis of a 68-foot street section. Improve ments .shall be for a half street section according to City of Carlsbad standards. (5) Monroe Avenue shall be improved on the basis of a 30-foot half street section according to City of Carlsbad standards. (6) Public improvement surety shall include the cost of removal of the existing shed located on the proposed lot line between Lots 4 and 5. (7) 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 shall be installed as recommended by the Fire Department. Jso -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (8) Ornamental street lighting shall be provided for as required by Municipal Ordinance. The developer shall deposit cash in the amount necessary to energize said street lights for an eighteen-month period after construction, to permit the incorporation of the subdivision into a maintenance district. (9) All land and/or easements required shall be granted to the City of Carlsbad without cost to the City, and free of all liens and encumbrances. No ease- ments shall be.recorded prior to recordation of the Final Map unless approved by the City Engineer. PASSED, APPROVED AND ADOPTED at a regular meeting held on the 24th of March, 1976, by the Carlsbad City Planning Commission by the following vote to wit: AYES: NOES: ABSENT: Commissioners Watson, Larson, Jose, Fikes, Dominguez and L'Heureux None None Stephen M. L'Heureux, Chairman ATTEST: Donald A. Agatep, Secretary -4- MEMORANDUM March 24, 1976 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT . • CASE NO.: CT 76-1 . . REQUEST: APPROVAL OF A 5-LOT SUBDIVISION APPLICANT: MARVIN HUMPHREYS RECOMMENDATION: Staff recommends that CT 76-1 be APPROVED because of the following findings and subject to the following condi tions: FINDINGS: 1) The proposed project has complied with the require- ments of the City of Carlsbad environmental Protection Ordinance because: (a) An Environmental Impact Assessment of the Project was conducted and a negative declaration issued for the following reasons: (b) The Project is located in an existing urbanized area in which the natural environment has been irretriev- ably altered; (c) No grading is proposed; (d) The Project will not necessitate any significient increase in the supply of public facilities* 2) The proposed map, its design and improvements, is consistent with the General Plan because: (a) The land use and net density of the project (4.4 dwellings per acre) conform to the General Plan land use designation and gross density (low-medium residential density, 0-4 dwellings per acre); (b) The proposed map does not conflict with any other Element of the General Plan. (c) All necessary public facilities are available to the site or will be installed as conditions of this approval. CONDITIONS: 1) The approval is granted for the land described in the application and any attachments thereto, and as shown on the plot plan submitted labeled Exhibit A, dated February 6, 1976. The Final Map shall be submitted within eighteen months from the date of final action by the City Council on the Tentative Subdivision Map. The Final Map shall be in substantial conformance with the Tentative Subdivision Map, Exhibit A. 2) Park-in-lieu fees shall be granted to the City of Carlsbad prior to City Council approval of the Final Map. 3) Prior to City Council" approval of the Final Map, the Applicant shall formally request withdrawal of ZC-113 and SP-113 by letter to the Secretary of the Planning Commission. 4) Chestnut Avenue shall be dedicated and improved on the basis of a 68-foot street section. Improvements shall be for a half street section according to City of Carlsbad standards. 5) Monroe Avenue shall be improved on the basis of a 30-foot half street section according to City of Carlsbad standards. 6) Public improvement surety shall include the cost of removal of the existing shed located on the proposed lot line between lots 4 and 5. . ' . 7) 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 shall be installed as recommended by the Fire Department. 8) Ornamental street lighting shall be provided for as required by Municipal Ordinance. The developer shall deposit cash in the amount necessary to energize said street lights for an eighteen-month period after construction, to permit the incorporation of the subdivision into a maintenance district ~ 9) All land and/or easements required 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 recordation of the Final Map unless approved by the City Engineer. -2- •"•"v BACKGROUND REPORT: LOCATION AND DESCRIPTION OF PROPERTY: 1.14 acres located on the east side of Monroe Street between Chestnut Avenue and Karren Lane. The site is relatively flat, and surrounded by an urbanized residential neighborhood. A single-family dwelling with auxiliary structures exists on the southern end of the parcel. EXISTING ZONING: Subject parcel: North: South: East: West: SURROUNDING LAND USE: Subject parcel: North: South: East: West: — Carlsbad High School) R-l-75 R-l-75 (and O.S R-l-75* R-l-75 R-l-75 Single-family residential and auxiliary structures Church and single-family residences; Carlsbad High School to the northwest Single-family residences Single-family residences Vacant and single'-fam.i ly residences PAST HISTORY AND RELATED CASES: The Applicant previously requested a change of zone (ZC-113) to RD-M and adoption of a Specific Plan (SP-113) on the project site in April, 1973. This project proposed the construction of 18 apartment units. Both items were tabled July 24, 1973, and have not been heard since. ENVIRONMENTAL IMPACT INFORMATION: An Environmental Impact Assessment of the project was conducted and a negative declaration issued for the following reasons: 1) The project is located in an existing urbanized area in which the natural environment has been irretrievably altered. 2) No grading is proposed. 3) The project will not necessitate any significant increase in the supply of public facilities. -3- GENERAL PLAN INFORMATION: The Land Use Element designates the project site for RIM use, 0-4 dwelling units per acre. The Project density is 4.4 dwellings per acre. No other element is directly relevant to the Project. PUBLIC FACILITIES: The project site falls within the water and sewer service boundaries of the City. A letter has been received from the Carlsbad Unified School District guaranteeing the availa- bility of school facilities. MAJOR PLANNING CONSIDERATION: Is the subdivision an efficient use of vacant land in an otherwise developed neighborhood? DISCUSSION: The project density of 4.4 dwellings per acre exceeds the General Plan designation for the site. Staff feels that a finding of General Plan conformity can still be made for the following reasons: 1) General Plan density is given for gross acreage. The gross acreage equivalent for the project would include adjoin- ing streets, thereby lowering the density. 2) The design of the subdivision is compatible with the surrounding neighborhood. Reducing the project density would not significantly increase the compatibility of the project to the neighborhood. It would only make less efficient use of the land available, thereby diluting achievement of the General Plan objective of in-fill ing existing neighborhoods. Technically, SP-113 and ZC-113 are still before the Planning Commission. As a condition of approval, Staff would therefore recommend that they be formally withdrawn. AM:cpl ATTACHMENT: Location Map -4- 9 /*"»>,. • w MEMORANDUM March 24, 1976 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT RE: CASE NO. CT 76-1 Elaborating on the discussion of General Plan conformity, the Land Use Element includes the following Explanatory Note on Pen's 1 ty Ranges : "The densities established for the low and low- medium density residential classifications simply designate the maximum number of dwelling units per gross acre that would be permitted if all other requirements are met. In those exceptional cases where the base zone is consistent with the land use designation but would permit a slightly higher yield than that recommended in the low and low-medium density residential classifications, the City may find that the project is consistent with this element if it is compatible with the objectives, policies, general land uses and programs expressed herein and does not exceed twenty-five (25 percent) of the maximum allocation." The Element also contains the following two Residential Guidelines which are particularly relevant to the proposed project: "6. Preserve the neighborhood atmosphere and identity of residential areas !. Encourage orderly residential development; expand utility systems with a minimum of expense to the taxpayer; and avoid "leapfrog" subdivisior Staff suggests that the proposed project does preserve the neighborhood atmosphere and identity of the area, and that it does help to avoid "leapfrog" development by infilling an existing neighborhood. Based on its compatibility with these guidelines, Staff feels the City may find the Project consis- tent with the Land Use Element Element as outlined in the Explanatory Note. AM:cpl Description of Request:"'' Date Rec*d:>g-£-7£ OCC Date: 3//6/7&K, Date *" x . Address or Location of Request: ,£"X5/«£k App 11 cant: / Engr. or.Arch. Brief Legal://y Assessor Book: <P^r^r~ Page:_ General Plan Land Use Description:_] Existing Zone; /P-/-/y Acres: .'/. /y __iNo. of Lots: Parcel: Cc-f . School District: Proposed Zone: — • s DU's "2 Water Sanitation District: Within Coast Plan Area:Coast Penait Area: