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HomeMy WebLinkAbout1977-01-18; City Council; 4053; CT/PUD/SP Douglass- Southwest Corporation0 AGENDA BILL NQ. 13 CITY OF CARLSBAD * Initial: _ ... DATE: _ Januar 18 19 DEPARTMENT; ' Planning SUBJECT: CT 76-15, PUD-6 AND DELETION OF A PORTION OF, SP-115 - DOUGLASS-SOUTHWEST CORPORATION '.Stat'enian't^ of the Matter ; The property is situated on the west side of El Camino Real on both sides of Tamarack Avenue. Originally, the site was approved for 331 units, most being attached condominiums with some single-family residences in the western portion near Skyline Drive. This was approved through SP-115 and CT 73-8. Only the portion at Tamarack and El Camino Real has been completed. CT 73-8 has expired, but SP-115 is still in effect. However, with the recent amendments to the P-C Zone, new 'developments require PUD's. Therefore, the applicant has requested a PUD, a new CT map for 136 single-family units and deletion of the undeveloped portion of SP-115. The Planning Commission reviewed this request and has recommended denial of the revised CT and PUD, and retaining of SP-115. The Planning Commission's major concern was the-private service road to service those homes fronting on Tamarack Avenue. See attached memorandum to the City Manager for further discussion and reasons for denial. ' ATTACHMENTS: / / . ' P.C. Resolutions Nos.1307 & 1309 Memo to City Mgr., dtd. 1/10^77 / Staff Rpt., dtd. 12/22/76 ^ (Tract Map #76-15, dtd. 6/10/76)"' (PUD Mao #6, dtd. 6/10/76 ) - Recommendation: If the City Council agrees with the Planning Commission, it is recom- mended that the City Council direct the City Attorney to prepare documents denying PUD-6 and CT 76-15 as per Planning Commission Resolutions 1307 and 1309. COUNCIL ACTION: /"/fr-77 Council referred the matter back-to the Planning Commission for further consideration of correcting-deficiencies relative to parking along Tamarack, the location and accessability of the RV Storage site, the necessity of meeting the PUD Open Space requirements and to reconsider how the maintenance requirements of Open Space-can best be met. FORM PLANNING 73 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 PLANNING COMMISSION RESOLUTION NO. 1307 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING CT 76-15 FOR 136 SINGLE-FAMILY DETACHED DWELLINGS ON 43.99 ACRES ON PROPERTY GENERALLY LOCATED WEST OF EL CAMINO REAL BETWEEN PARK DRIVE AND CHESTNUT AVENUE. CASE NO.: CT 76-15 APPLICANT: DOUGLASS SOUTHWEST CORP. WHEREAS, a verified application for a certain property, to wit: That portion of Lot "I" of RANCHO AGUA HEDIONDA, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 823, filed in the office of County Recorder of San Diego County, November 16, 1896 has .been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the "Carlsbad Municipal Code"; and WHEREAS, the public hearing was held at the time and in the place specified in said notice on December 8, 1976 and con- tinued to December 22, 1976; and WHEREAS, at said public hearing, upon hearing and considering the testimony and arguments, if any, of all persons who desired to be heard, said Commission considered all factors relating to the tentative tract map (CT 76-15) and found the following facts and reasons to exist: 1) The use will be detrimental to the health, safety or general welfare of the persons residing or working in the vicinity or injurous to property or improvements in the vicinity because: a) If parking occurs on the south side of the proposed frontage road, trash pick-up emergency vehicle access and mail service would be substantially impaired. j 2) The Planned Unit Development (PUD-6) was denied on December 22, 1976 and CT 76-15 does not conform to the Conditions of 2 approved SP-115 (City Council Resolution No. 3177, dated August 7, 1973) . 2 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of 4 the City of Carlsbad as follows: 5 A) That the above recitations are true and correct. 6 B) That a tentative tract map (CT 76-15) is denied to allow 7 136 single-family detached dwellings on 43.99 acres on property located west of El Camino Real between Park Drive and 8 Chestnut Avenue. 9 PASSED, APPROVED AND ADOPTED at a regular meeting of the 10 City of Carlsbad Planning Commission held on December 22, 1976 by 11 the following vote to wit: 12 AYES: Commissioners L'Heureux, Fikes, Nelson, Larson and Jose. 13 NOES: Commissioner Watson. 14 ABSTAIN: Commissioner Rombotis. 15 ABSENT: None. 16" 17 18- STEPHEN M. L'HEUREUX, CHAIRMAN 19 ATTEST: 20 21 22 BUD PLENDER, TECRETARY 23 .24 25 26 27 28 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 PLANNING COMMISSION RESOLUTION NO. 1309 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING A PLANNED UNIT DEVELOPMENT PERMIT FOR 136 SINGLE-FAMILY DETACHED DWELLINGS ON 43.99 ACRES ON PROPERTY GENERALLY LOCATED WEST OF EL CAMINO REAL BETWEEN PARK DRIVE AND CHESTNUT AVENUE. CASE NO.: PUD-6 APPLICANT: DOUGLASS SOUTHWEST CORP. WHEREAS, a verified application for a certain property, to wit: * That portion of Lot "I" of RANCHO AGUA HEDIONDA, in' the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 823, filed in the office of County Recorder of San Diego County, November 16, 1896 has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the "Carlsbad Municipal Code"; and WHEREAS, the public hearing was held at the time and in the place specified in said notice on December 8, 1976 and con- tinued to December 22, 1976; and WHEREAS, at said public hearing, upon hearing and considering the testimony and arguments, if any, of all persons who desired to be heard, said Commission considered all factors relating to the Planned Unit Development Permit and found the following facts and reasons to exist: 1) The use will be detrimental to the health, safety or general welfare of the persons residing or working in the vicinity or injurous to property or improvements in .the vicinity because: a) The lack of a sidewalk and the "frontage road" design on the northerly side of Tamarack will cause potential pedestrian-bicycle-motor vehicle conflicts which will become an unnecessary liability problem to the City; 1 b) The "frontage road" area which will have a 10% grade may tend to become a play area, further increasing 2 the number of potential conflicts within the frontage road area and the secondary arterial (Tamarack Avenue); 3 and 4 c) If parking occurs on the south side of the proposed frontage road, trash pick-up emergency vehicle access 5 and mail service would be substantially impaired. 6 2)' The design criteria set forth in Section 21.45.110 and all minimum development standards set forth in Section 21.45.120 7 will not be met because: 8 a) The plot plan and additional exhibits do not include adequate provision for open space recreational facili- 9 ties, circulation and guest parking because: 10 1) The required guest parking is not adequate on the north side of Tamarack (1 space is not 11 available for each dwelling unit); 12 2) The proposed recreation vehicle storage area is not an adequate shape to accommodate workable 13 internal circulation and parking for large vehicles; 14 3) The proposed recreational vehicle storage area is 15 in a location that could not be adequately screened and/or isolated from surrounding residences; and16 4) Required usable open space area is not provided 3-7 at a ratio of 600 square feet per dwelling unit. 18- NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of 19 I the City of Carlsbad as follows: 20 A) That the above recitations are true and correct. 21 B) That a Planned Unit Development Permits is denied to allow 136 single-family detached dwellings on 43.99 acres on property 22 generally located west of El Camino Real between Park Drive and Chestnut Avenue.23 PASSED, APPROVED AND ADOPTED at a regular meeting of the 24 25 City of Carlsbad Planning Commission held on December 22, 1976 by t- the following vote to wit: ' 26 AYES: Commissioners L'Heureux, Fikes, Nelson, Larson 27 and Jose. 28 NOES: Commissioner Watson. -2- 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 ABSTAIN:, Commissioner Rombotis. ABSENT: None. STEPHEN M. L'HEURUEX, CHAIRMAN ATTEST: BUD PLENDER, SECRETARY -3- v MEMORANDUM January 10, 1977 TO: CITY MANAGER FROM: PLANNING DEPARTMEN' CASE NO.: CT 76-15, PUD-6 APPLICANT: DOUGLASS SOUTHWEST CORPORATION SUBJECT: UPDATE ON CT 76-15 AND PUD-6, AS HEARD BY THE PLANNING COMMISSION ON DECEMBER 22, 1976. (STAFF RECOMMENDED DENIAL - PLANNING COMMISSION RECOMMENDS DENIAL) Basically there were two reasons for the Planning Commission's recom- mendation of denial. One: the Commission did not feel that the "frontage road" design as proposed met the intent of the General Plan as discussed in the Staff Report. Two: that the "frontage road concept" as designed by the Applicant would cause public safety problems by combining a motor vehicle route, a oedestrian bicycle route, and a potential play area. Staff had indicated to the Planning Commission that althouqh the subdivision, as designed, did not meet the PUD development standards for visitor parking, recreational vehicle storage and usable open soace, that these items could be accommodated in the subdivision by redesign. Staff left the decision as to General Plan conflicts to the Planning Commission as a policy decision. Staff initially had problems with the frontaae road design for a number of Engineering and Public Works reasons. These basically hinged on the grade of Tamarack Avenue (10% in some areas), the somewhat curvalinear street alignment and the ability of service vehicles to use the frontage road. After studying the situation, Staff came to the conclusion that the street system as designed was workable. The Planning Commission was informed that the frontage road, as designed, would work from an Engineering/Public Works standpoint. It should be pointed out that the applicant wishes to delete the old Specific Plan for the area. Because the alignment of Tamarack Avenue is included in this old Specific Plan, Staff does not feel that it should be deleted until a replacement approval is adopted (PUD/CT Tract Map). If the City Council wishes to approve the requested PUD/CT, Staff recommends that the items be sent back to the Planning Commission with direction for Staff to formulate conditions of approval to mitigate the following concerns: (1) General Plan conflicts; (2) Potential "frontage road" vehicle/pedestrian conflicts; (3) Inadequately met PUD development standards. It should be noted that the proposed project utilizes the zero-lot-line concept for development of 111 of the 136 residential lots. The zero- lot-line method provides one wide side yard and one zero-width side yard. The structure is built along one side-lot line. This concept maximizes the usable portion of the lot width and also allows for maximum setbacks between structures. Zero-lot-line development is generally used when lots have a minimal width and/or when unusual topography dictates differing building pad elevations. The average size of the lots to be developed with zero-lot-lines is 9,800 square feet. This may appear large; however, because of the irregular topography, much of the lot will be in slope. For example, many of the • lots have approximately 55 feet of frontage and approximately 180 feet of depth, whereas the buildable portion of the lots, excluding slope, equals about 55 X 85 (4,675 square feet). In addition to the zero-lot-line development, 25 of the 136 lots are proposed to be developed with standard setbacks. Some of these 25 lots exceed 16,000 square feet in size but the rough topography requires that much of the lot is devoted to slope. As an example, many of the lots have 75 feet of frontage and 200 feet of depth; however, the buildable portion of the lots, excluding slope, equals about 75 X 90 (6,750 square feet). THrcpl -2- (CONDITIONS DELETED FRO-31 ON ORIGINAL STAFF REPORT ATTACHMENT WITH AGENDA BQL ON THIS ITEM) STAFF REPORT . December 22., 1976 TO: FROM: CASE NO: APPLICANT: REQUEST: '• PLANNING COMMISSION ' .. PLANNING DEPARTMENT CT 76-15; PUD-6 ' ^DOUGLASS SOUTHWEST CORP.-"- Deletion of Specific Plan 118 (C.C. Resolution . #3177, August 7, 1973) and approval of CT 76-15 •• and PlJD-6 to allow 136. single-family detached •dwellings on 43.99 acres. SECTION I. RECOMMENDATION: •• Staff recommends that findings: 76-15/PUD--6 be DPR-fHD based on the following 1) The use will be detrimental to the health, safety, or general wel- fare of the persons residing or working in the v'fcinity or injurous to property or improvements in the vicinity because: a) The lack of a sidewalk and the "frontage road" design on the northerly side of Tamarack will cause potential pedestrian- ' bicycle -motor vehicle conflicts which will become an unnec- essary liability problems to the city. . - b) The "frontage -road" area which will have a 10% grade may tend to become a play area, further increasing the number of po- tenti-a'l conflicts within the frontage road area and the sec- ondary.^ arterial (Tamarack Avenue). c) . -If parking occurs on'the south.side of the proposed frontage road, trash pick-up emergency vehicle access and mail service . w o u 1 d b e s u b s t a n t i a 11 y i m p a r e d . 2) The design criteria set forth .i n' Section 21.45.110 and al-1 minimum • development standards set forth in Section 21.45.120 will not be '"met because:** a) The plot pla'n and 'auditorial exhibits do not include adequate provision for open space recreational facilities, circulation and gues.t - parking because:. • .-v • .' •' * 1) The required quest parking)' is not adequate on the north . side of Tamarack (1 space is not ava.il able for each . dwel 1 ing unit) ,•. . , , '-1- 2} The proposed recreation vehicle- storage area\ is not an adequate shape to accommodate v/6rkable-internal circulation arid parking for large vehicles-." - " ' f f 3) The proposed recreational vehicle storage"area is in a location that could not be adequately screened and or isolated from surrounding residences. i- ' 4)• Required, usable open space area is not provided at a ration of 600 square feet per dwelling unit, -2- 0 SECTION II: BACKGROUND LocotIon and Description of Property: . '• f /'' The 43.99 acre vacant parcel is located west of El -Camirio Real between Kelly Drive and Chestnut Avenue. _ The property is characterized by rough topography and generally occupies higher-ground than surrounding development. A portion of the parcel has been rough graded and the general alignment of Tamarack'established. Tamarack Avenue will be" extended through,the proposed project connecting Tamarack to El Camino Real. Existing Zoning: Subject Property: • PI anned--C.ommuni ty' North: R-l-155000 South: R-l-15,000 East: Planned Community •West: R-l-15,000 Existing Land Use: • Subject Property: Vacant North: • Single Family Residences South: Single Family Residences East:""' First Phase Condominiums . West: Single Family Residences Past History and Related Cases; City Council Resolution No. 3136 approved a zone change from R-A-10,000 to Planned Community (P-C) for the subject property on June 5, 1973. . .• - Specific Plan 115S (City Council Resolution No. 3177, August 7, 1973) was approved for 331 condominium- units on approximately. 63 acres.. - . -r . . . CT 73-8 (City Council Resolution 3178, .August 7, 1973), approved 331 townhouse condominium units\ however, only a portion of the •entire project (116 townhouses, a swimming pool, a tennis court and two spas) was finaled to allow bui1ding•permits (Map 8039, covering approximately 20 acres). ,~ v . ' • • City Council Resolution 3137 (June 5, 1973) adopted Master Plan No. 108 for the subject property. .In addition to M.P-108, City Council Resolution 3137 certified an Environmental Impact Report (No. 129) for the project. • - 3- En v i r o nme n to. 1 I nip a c tn f o ring t i o n : Supplemental information to EIR-129 has been submitted, by the applicant. Staff has found that the information is adequate and as .a result, it has been determined that the project satisfies the Carlsbad Environmental Protection Ordinance of 1972 by P r i or fcp.rn'p.1- i a nee . G e n e r aj P1 a n I n f o rm a t i o n : • The General Plan Land Use Plan Map designates the subject property as RM (Residential Medium, 4-10 dwelling units per acre). The submitted tract map provides 3.1 dwelling units per. acre. Public Facilities: Sewer and water facilities will be available from the- City. The applicant will be required to build the..." connect,! ng link" to Tamarack Avenue. The site is within the jurisdiction'.of the Carlsbad Unified School Di stri ct. . "-'•'."; Major Planning Considerations: Is the proposed subdivision consistent with the General Plan? Does the proposed subdivision conform to the requirements of the PUD Ordinance? • ' x x , • 'SECTION III: DISCUSSION • .""•* . '-.„*• . " ' -Staff is concerned about the '"frontage road" concept as presented on the various exhibits. The ap'pl icant'-has attempted to avoid driveways along Tamarack Avenue by creating this parallel roadway. The General Plan states the following regarding secondary arterials (Tamarack): . . H Guide'! ine 5; Minimize private driveway access onto' . •-both major and secondary arterial roads, ' *«.' x • • • 'Guideline 6: Design roads so as to minimize conflict- ing traffic movements such as turning, curb parking, uncontrolled access and frequent'stops. • . - * ! ( " . Gin dp]J ne- .1 B: Separate pedestrian bicycle and vehicular- traffic -where possible. %Al.so, establish a separate system of hiking trails, bicycle .paths and equestrian trails from which motorized vehicles would be banned. -.4- Street fun c t i o n r, a n d standards:\' -.LLci§ IY_ At L°-L''A] 5.: "The main function o f a -seconds ,r,y- a r.t e r i a 1 Is to conduct traffic from collector street's to and from., major arterials or freeways. Land access is only a minor function of a secondary arterial and, therefore, parking should'be discouraged arid residential buildings should not have driveways entering a secondary arterial. Additionally, it is good practice to avoid situations where secondary arterials cross major arterials to form ,a--conti nuous, .system, since this mi ght'Yesul t- in a tendency /> for traffic to use the secondary arterial in-lieu of a major arterial for long trips." The frontage road, as designed, channels pedestrian, bicycle and vehicular movements into one area. The :f-rontage road area will be at a significant grade (10%) in ce.rtain are&-s and will conform to a curved alignment. In addition, building pads otr the'steeper areas along the frontage road will be oriented in a terrace configuration. ..This will create driveways dropping ,/down from pad elevation to a relatively steep'frontag'e" road elevation. Staff is also concerned about the potential use of the frontage road as a play area. Because it is steep in spots-,- the ability to control bicyles, skateboards, etc. will be difficult. There is no curb shown (see Exhibit C, Tamarack Avenue profile) separat- ing the frontage road (cofrsmon driveway on.-plans) from Tamarack Avenue. The possibility of skateboards, balls and the like, rolling out onto the secondary arterial is potentially a hazardous situation. There is a problem of possible owiflict between service/emergency vehicl-es along Tamarac'k Avenue. ' Trash trucks and fire trucks cannot be accommodated by the frontage road. It would be necessary ' •for.them to stop along. Tamarack Avenue to provide service. This would be a hazardous situation, especially in the case of weekly trash service.-'-,' Ma.il pick-up/delivery is also a possible problem depending on the/ultimate location of mail boxes. Staff does not object to the frontage road concept, however, ' considering the specific conditions on site, staff feels that : potential hazards outweigh the positive aspects of the concept. ' ~ C ' In addition to the circulation problems, certain requirements . .of the PUD ordinance are no.t met in staff's opinion. . ~ *^"" ' .-'•,* The design of the frontage road along Tamarack Avenue does not provide for one guest parking space per dwelling unit. Each fifth house lacks a guest space. . . . . )*» The recreational vehicle storage area as shown on Exhibit .C meets the size- requirement-in square footage, however, staff • does not consider the area .usabl-e for an adequate number of •.' '-. 1 a r g e v e hi c 1 c s . . - • , 0 Also, staff does not feel that the recreational vehi c/le'v-area .could be adequately screened from the residences':acroS'S the street. . • • • . ^ Staff calculates that the applicant is providing about % acre of usable open space. The PUD ordinance requires 600 sq. ft. of usable open space per civ/ell ing unit. For the sublet -project, this v/oulti equal almost 2 acres. The Parks and Recreation Director has expressed concern about the lack of usable open space area provided considering the number of units requested, small lot size and fairly rough topography (separating the subdivision into distinct areas). For-..'example, the applicant shows an-open space lot on the western boundary (lot 110, Exhibit C) th'at is shaded in, .however, only about half of "this area is usable open space, the remainder is in slope. The applicant has expressed a desire to calculate the open space and recreational vehicle parking areas required base,d on the en-- tire project (condominiums with recreational-facilities and the current request). Staff believes that because the currently requested subdivision is a 'distinctly, different residential land use covering a relatively large area of unusual topography, it should be con- sidered a separate project. NOTE: Staff has been informed by an adjacent property owner (Mr. Schwab, NE corner, of Birch and Skyline) that litigation is in process to settle a land ownership dispute over a portion"of the subject subdivision. Mr. Schwab asked that the requested subdivision be continued until a decision has been made establishing - a property owner. The property in dispute is generally in the area of lots 112 and 113 and a portion of the • Tamarack Avenue as shown on Exhibit C. It was indicated to Mr. Schwab that staff felt the matter should be one between^ the property owners. •" "\ ''I *'_Previous City-action has been taken regarding the :,_/" subject property (approval of Master Plan, Specific •— Plan and Tract Map^ under the« same circumstances. •The property ownership has been disputed for a number of years.' • : . . Tlhmdp: ar. ;" ' .' . (12/3/76) .", . < •„ . '/ ; Attachments: Exhibit A, 10/1/76, . Exhibit B, 10/1/76 . . Exhibit C, 10/29/76 '.•;•' Exhibit D, 10/29/76, . - ,<* Letter from John Douglass, 10/29/76 Supplemental Information •. ouglass southwest aorporalton COMMUNITY BUILDERS • P.O. BOX 1114 • CARLSBAD, CALIFORNIA 92008 TELEPHONE (714)729-4958 January 6, 1977 City Council City of Carlsbad *? 1200 Elm Avenue Carlsbad, CA 92008 RE: Carlsbad Palisades Case No. CT 76-15 and PUD-6 Honorable Members of the City Council: We wish to appeal the decision of the Planning Commission which disapproved our proposed new Tentative Map. This new land development plan offers more advantages to the City of Carlsbad than Tentative Tract 73-8 and the Precise Plan previously approved by the Planning Commission and the City Council. Our new proposed Tentative Map provides for a total of 136 residential lots in the same area in which 207 lots had been approved in Tentative Map 73-8. The new density averages 3.06 dwelling units per acre, as compared to nearly five in the previously approved plan. There will be autos from only 23 homes entering into Tamarack in our new plan, where there were to be autos from 45 homes entering Tamarack on the previously approved plan. There will be four separate driveway entrances and four separate driveway exits in our new plan, whereas there were four double driveways providing both entrance and exits on our previously approved plan. This new plan results in fewer cars using the same number of entrances and exits, which is one of the improve- ments over the previously approved plan. The vehicular and pedestrian traffic system on our looped driveway design for the homes facing Tamarack provides good control. It is at least as good as vehi- cular and pedestrian control on the usual residential subdivision. These homes we plan to build on the zero lot line lots are planned to sell from $60,000 to $80,000, with the average to be about $72,000. These homes we plan to build on the larger lots are planned to sell from $80,000 to $120,000, with the average to be about $105,000. If we cannot proceed with this new plan, the only alternatives we see to be available to us are to either design a completely new plan with back yards facing Tamarack and further loss of lots, or to build out the 207 lots in the previously approved Precise Plan and Tentative Map. We are preparing additional exhibits to present to the City Council at its meeting of January 18, 1977 to more clearly show the advantages of our proposed land development plan to the City of Carlsbad. Please permit us to present these exhibits to you to enable you to make your decision on this appeal. fery)truly youjrs, /^President JCDjr:cab SUBSIDIARY OF DOUGLASS PACIFIC CORPORATION