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HomeMy WebLinkAbout1977-04-05; City Council; 4053-1; Douglass Southwest Corporation// Ci ty DEPARTMENT' _ PLANNING City Mqr. M„ j — _y SUBJECT: ~~ : APPLICANT: DOUGLASS SOUTHWEST CORPORATION CASE NO: SP-115(A), PUD-6, CT 76-15. STATEMENT OF THE HATTER " ; REQUEST; In December 1976, the Planning Commission recommended that CT 76-15 and PUD-6 be denied. However, the City Council referred the matter back to the Planning Commission for review of the requested redesign . of the Tract Map. The Tract Map was substantially changed by reversing the lots on Tamarack, so they backed instead of fronted onto Tamarack. In addition, a small area along Tamarack near Skyline has been deleted from the Tract Map. Staff felt that this was a substantial change and therefore noticed a new public hearing. Staff was satisfied with the modifications, and recommended approval. In recommending approval, however, a modification to the existing SP-115(A), also had to be made. The Planning Commission agreed with staff and recommended approval of the deletion of the portion of SP-115(A), and the approval of the Tract Map, and the PUD as per staff recommendation. Exhibits; Planning Commission Resolution No's: 1337, 1335, 1336. Planning Commission Resolution No: 1307, 1309 Staff Report dated, March 9, 1977. Staff Report dated, December 22,- 1976 Exhibits': E, F, G, H, I.,, dated February "22, 1977. r- . ' Location Map. - Recommendation: It is recommended that the City Attorney be directed to prepare the documents approving the deletion of a portion of SP-115(A), and approving CT 76-15 and PUD-6 as per Resolution Nos: 1337, 1335, 1336. Council Action: 4-5-77 The City Attorney was directed t'o prepare the documents necessary to approve the deletion of a portion of SP-115 (A), and approval of Tentative Map for CT 76-15 and PUD-6 as per Planning Commission Resolution Nos. 1337, 1335 and 1336, subject to a new Specific Plan being submitted, readjustment of park fees on the Tentative Map and that all water saving devi'ces be included in construction; . - further, that a statement be included regarding sewer capacity not being guaranteed at the time the developer applies for a Building Permit. FORM PLANNING 73 . • 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 . 2** 24 25 ' 26 27 28 PLANNING COMMISSION RESOLUTION NO. 1337 A RESOLUTION OF THE' PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOM- MENDING APPROVAL OF AN AMENDMENT TO SPECIFIC PLAN NO. 115, DELETING CERTAIN PROPERTY TO BE SUPERSEDED BY CT 76-15 AND PUD-6, ON PROPERTY LOCATED ON THE WEST SIDE OF EL CAMINO REAL BETWEEN KELLY DRIVE AND CHESTNUT AVENUE. CASE NO.: SP-115(A) APPLICANT: DOUGLASS-SOUTHWEST CORPORATION WHEREAS, a verified application for deletion of certain property from PUD-6 and CT 76-15, 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 the County Recorder of San Diego County, November 16, 1896, and also listed in Assessor's Book No. 207, Page 200, Parcels 8 and 9 has been filed with the City of Carlsbad and referred to the Planning ^Commission; and WHEREAS, said application constitutes a request as provided by the "Carlsbad Municipal Code;" and WHEREAS, the public hearing to consider the subject request was held on March 9, 1977, at the time and in the place specified in the public hearing notice, pursuant to the provisions of the Carlsbad Municipal Code; 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 request (GT 76-15) and found the following ,facts and reasons to exist: • 1) The subject application has complied with the requirements . of the Carlsbad Environmental Protection Ordinance of 1972 ' because: • . ' " - .''. 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 .a) The previous certification of EIR-129, combined wi-th , the submission of supplemental information meets the Ordinance through Prior Compliance. 2) The proposed Specific Plan Amendment is consistent with the General Plan because: a) The Land Use Mp of the General Plan shows the subject property as RM (Residential Medium Density, 4-10 d.u.'s per acre). The proposed project is consistent with that designation. 3) The proposed project conforms to applicable City policies and ordinances dealing with Public. Facilities because: a) At this time, all necessary public facilities, in- cluding sewer service, are available to serve the subject project as proposed. However, sewer facili- ties may not be available when applications are made for building permits. If sewer facilities are not available at the time of building permit application, building permits will not be issued until arrangements satisfactory to the City Council can be made to guarantee that all necessary sewer facilities will be available . prior to occupancy. 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 in view of the findings heretofore made and considering the applicable law, the decision of the Planning Commission is to approve SP-115(A), subject to the following conditions: a) The approval for deletion of portions of SP-115 is granted for the land described in the application and any attachments thereto, and as shown on the plot plan labeled Exhibit A, dated January 25, 1977. PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad .Planning Commission held on March 9, 1977, by he following vote, to wit: AYES: Commissioners Larson, Watson, Jose, Fikes and L'Heureux. NOES: Commissioner Nelson. ABSTAIN: Commissioner Rombotis. ABSENT: None.- -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 o ERIC LARSON, CHAIRMAN ATTEST: RALPHS. PLENDER, SECRETARY -3- i ' 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. 1335 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF THE TENTATIVE MAP REQUEST FOR 135 SINGLE-FAMILY DETACHED DWELLINGS ON 43.99 ACRES ON PROPERTY LOCATED ON THE WEST SIDE OF EL CAMINO REAL BETWEEN KELLY DRIVE AND CHESTNUT AVENUE. CASE NO.: CT 76-15 APPLICANT: DOUGLASS-SOUTHWEST CORPORATION 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 the County Recorder of San Diego County, November 16, 1896, and also listed in Assessor's book No. 207, Page 200, Parcels 8 and 9 has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said application constitutes a request as provided by the "Carlsbad Municipal Code;" and WHEREAS, the public hearing to consider the subject request was held on March 9, 1977, at the time and in the place specified in the public hearing notice, pursuant to the provisions of the Carlsbad Municipal Code; 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 request (CT 76-15) and found the following facts and reasons to exist: 1) The subject application has complied with the requirements of the Carlsbau Environmental Protection :Act of 1.972 .because: a) The previous certification of EIR-129, combined with the submission of supplemental information meets the ordinance through Prior Compliance. '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 2) The proposed tentative tract map is consistent with the General Plan because: ' ' a) The Land Use Element designates the subject site for Residential Medium Density (4-10 d.u.'s per acre). The subject project will provide approximately 3 d.u. ' s per acre. 3) The design or improvement of the proposed subdivision is consistent with the General Plan because: a) The development of the proposed project will provide a necessary link in the establishment of a portion of Tamarack Avenue. b) Conditions of approval will insure the above. 4) The proposed tentative tract map is consistent with appli- cable City Public Facilities Policies and Ordinances because: a) At this time, all necessary public facilities, in- cluding sewer service, are available to serve the subject project as proposed. However, sewer faci- lities may not be available when applications are made for building permits. If sewer facilities are not available at the time of building permit application, building permits will not be issued until arrangements satisfactory to the City Council can be made to guarantee that all necessary sewer facilities will be available prior to occupancy. b) The Public Works Administrator has indicated that the subject project has been placed in a Level 4 designation regarding potential availability of sewer capacity. Level 4 projects are those that are reasonably assured sewer capacity, given the anticipated development time frame and sewer availability projections. 5) The site is physically suitable for this type of devel- opment because: a) The currently requested project will require less grading than previously approved projects for the site. b) Most of the site has been rough-graded. c) No significant vegetation exists on the site. 6) The site is physically suitable for. the proposed density of development because: a) The currently requested project will result in fewer units than previously approved requests. b) Proposed dwelling units per acre do not exceed the General Plan minimum. -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) '7) The design of the subdivision or the imposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat because: a) An Environmental Impact Report has been certified for previous approvals. b) Staff has been supplied with adequate supplemental information to cover project changes. 8) The design of the subdivision or the type of improvements are not likely to cause serious public health problems be- cause: a) Conditions of approval will insure the above. 9) The design of the subdivision or the type of improvements will not conflict with easements required by the public at large for access through or use of property within the proposed subdivision because: a) Conditions of approval will insure the above. 10) The subdivision will not prohibit reasonable access to public waterways, rivers, streams, lakes,' reservoirs, coastlines or shorelines because: a) The subdivision does not front on any of the above. 11) It is herein placed in the record that: a) Attorneys were present representing the applicant and an adjacent property owner stating that they wished it made a part of the official record that they will negotiate as to the impacts of the Tamarack Avenue Extension traversing one-third of the neighboring property. 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 in view of the findings heretofore made and considering the applicable law, the decision of the Planning Commission is to approve CT 76-15, subject to the following conditions: 1) The approval is granted for the land described in the application and any attachments th'ereto, and as shown on the plo1; plan submitted labeled Exhibit E, dated February 22, 1977. (XXXXXXXX -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 2) Lots 116 and 117 shall include the remnant property adjacent to them unless, prior to final mao approval, the adjacent property (shown as not-a-part) can be incorporated into the subdivision to allow proper lot configuration. 3} Street names as shown-are not approved. Street names'5 shall be submitted to. the Planning Director for approval pursuant to the Street Name Policy (City Council Policy No. 20) prior to approval of the final map. 4) 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 5) 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. 6) 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. 7) the improvement and grading plans shall include a report of a geological investigation and a complete grading plan of the entire 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, who shall be accept- able to the City Engineer. They shall certify that they have investigated the site and prepared data with full consideration of the consequences to the included and neighboring properties and in conformance with the Geologic and Seismic Safety Element of the General Plan. . 8) El'Carolno Real shall be dedicated and improved along the subdivision frontage on the basis of a 126-foot street section, according to City of Carlsbad standards. 9) Prior to issuance of a grading permit for Unit No. 3, a forty-foot waterllne easement centered on the existing fourteen-inch waterline crossing Unit No. 3 shall be granted to the City between .the proposed Tamarack Avenue and Skyview Drive. XXXXXXXXXX -4- 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 10) Slopes adjacent to public streets shall be 2:1 maximum. 11) 12) 13) 14) 15) The storm drain system is not specifically approved as shown; designs of storm drains, ditches, cross- gutters and other appurtenances shall be as approved on the improvement plan. All contractors' and construction material suppliers' vehicles shall take all access from El Camino Real during the construction of the improvements related to this tentative map. Proposed Palisades Drive, proposed Terrace Drive, between Palisades and Skyview, and proposed Skyview Drive, between Terrace Drive and Tamarack Avenue shall be dedicated and improved on the basis of a sixty-foot street section according to City of Carlsbad standards. The proposed three units shall in sequentation order as shown be recorded and constructed on the tentative map. Prior to or concurrent with .map for Unit No. 1: the recordation of the final a) Tamarack Avenue shall be dedicated and improvements shall be secured within the subdivision boundary on the basis of a modified 84-foot street section as approved on the amended Tentative Map, within the subdivision boundary. b) Tamarack Avenue right-of-way and improvements shall be secured to its intersection with Skyline Drive. The right-of-way width, street section width and general alignment of Tamarack Avenue in the vicinity of its intersection with Skyline Drive shall be as shown on Exhibit A, of City Council Resolution No. 3856. c) The applicant shall enter into a secured agree- ment to install a northbound left turn lane on El Camino Real at Tamarack Avenue as approved by the City Engineer. d) The applicant shall deposit funds for the strip- ping of the left turn pocket required in c) above, and on Tamarack Avenue from El Camino Real to Skyline Drive, as approved on the improvement plans. e) The applicant shall provide revised water system calculations, prepared by a Registered Civil Engineer, for the entire three-unit tentative map area. They shall be based on current design criteria to be furnished by the City, and lines shall be sized according to fire flow requirements and hydrant locations approved by the Fire Marshall. -5- 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 16) Prior to or concurrent final map for Unit No. with the re.cordation of 2, the applicant shall: the a) Dedicate and improve El Camino Real per Condition No. 8 above, along the subdivision frontage, based on approved improvement plans for El Camino Real. b) Dedicate a 15-inch wide sewer easement across Lot No. 93 from Palisades Circle to the northwest corner of the lot. 17) If the existing 14-inch waterline lies under or within 4 feet of the curb, gutter and sidewalk of Skyview Drive, as approved on the improvement plans for Unit No. 3, the applicant shall deposit funds and/or enter into a secured agreement to relocate the line to an alignment to conform with City of Carlsbad standards. 18) Waterline improvements for each unit shall include any loop system outside the unit boundary and interim appurtenances, such as blowoffs, as required by the City Engineer, based on the Engineer's calculations 'required in Condition No. 15 (e) above, or supplements thereto. 19) Dedication of El Camino Real and Tamarack Avenue shall include a waiver of direct access rights from the lots shown on each final map as abutting thereon 20) Prior to recordation of the final map for Unit No. 3, the applicant shall provide for the future abandonment of the sewer proposed to cross Lot No. 115 when construction of the offiste sewer connection in Skyview Drive occurs. PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad Planning Commission held on March 9, 1977, by the following vote, to wit: , . . AYES:Commissioners Larson, Watson, Nelson, Jose, Fikes and L'Heureux. NOES: ABSTAIN: ABSENT: XXXXXXXXXX XXXXXXXXXX None. Commissioner Rombotis None. -6- 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 ERIC LARSON, CHAIRMAN ATTEST: NDER, SECRETARY -7- 1 2i 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. 1336 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, CON- CERNING A PLANNED UNIT DEVELOPMENT FOR 135 SINGLE-FAMILY DETACHED DWELLINGS ON 43.99 ACRES ON PROPERTY LOCATED ON THE WEST SIDE OF EL CAMINO REAL BETWEEN KELLY DRIVE AND CHESTNUT AVENUE. CASE NO.: PUD-6. APPLICANT: DOUGLASS-SOUTHWEST CORPORATION 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 the County Recorder of San Diego County, November 16, 1896, and also listed in Assessor's Book No. 207, Page 200, Parcels 8 and 9 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 March 9, 1977; and WHEREAS, at said public hearing, upon hearing and con- sidering 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 and found the following facts and reasons to exist: 1) The proposed use at the particular location is necessary and desirable to provide a service or facility which will con- tribute to the general well-being of the neighborhood and the community because: a) The development will allow the subject, property to be developed to its allowable potential and density as provided in the General Plan. XXXXXXXXXX 1 f 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 2$ 2) The use will not be detrimental to the health, safety $r general welfare of the persons residing or working in the vicinity or injurious to property or improvements in the vicinity because: a) The proposed PUD will be developed in a manner similar to the anticipated development in the area. b) The proposed PUD will provide a necessary link in the circulation system for the City (secondary arterial, Tamarack). 3) The design criteria set forth in Section 21.45.110 and all minimum development standards set forth in Section 21.45.020 will be met because: a) The plot plan and additional exhibits include all develop- ment aspects required. .b) The plot plan and additional exhibits include adequate provisions for open space, recreational facilities, circulation and parking. c) The project will be developed in a manner to be compatible with surrounding development. d) Internal circulation is acceptable to the City Engineer as shown on the plot plan "and by conditions of approval. e) Private recreational facilities are readily accessible. f) Dwelling unit density does not exceed the density allowed in the underlying zone (P-C with Master Plan). NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of City of Carlsbad as follows: That the above recitations are true and correct. That in view of the findings heretofore made and considering the applicable law, the decision of the Planning Commission is to approve PUD-6, 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 F, dated February 22, 1977, and additional exhibits labeled Exhibits 6, H and I, dated February 22, 1977. The location of all roadways, parking areas, landscaping and other facilities or features shall be located -substantial ly as shown on Exhibits F, 6, H and I unless otherwise provided therein. 2) All conditions shall be appropriately completed and the'pro- ject commenced within 18. months from final City action. -2- the A) B) 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 3) 4) All lot dimensions, size and setbacks Avenue (extended) as. shown on Exhibit to the R-l zone requirements. south of Tamarack F shall conform ' All lot dimensions, size and setbacks shall general- ly conform to the plot plan, Exhibit F, and the typical representations shown on Exhibits B and I. In no case shall the standards set forth in Title 21, Section 21.45.120 (13, A, B and C) and Section 21.45.120 (2) be superseded. 5) Structures to be built in excess of three feet above pad level shall maintain a minimum of three feet from any side lot line and five feet from any rear lot line. 6) Building height shall not exceed thirty feet. 7) Lot coverage, including building and structures, shall not exceed forty percent of the lot. 8) A uniform fencing plan to provide fencing at the top of the slope for those lots containing slopes dropping down to lower elevations shall be submitted to and approved by the Planning Director, pri'or to issuance of final occupancy for residences in Unit No. 1. 9) Fencing shall be provided according to the approved plan prior to occupancy for each affected residence. 10) Prior to issuance of grading permits, the City Engineer shall approve a plan submitted by the applicant for interim erosion control on all man-made slopes in excess of three feet within the boundaries of this subdivision. Prior to this issuance of grading permits, the applicant shall post bonds and agreements ensuring the installation and maintenance of the erosion control system until permanent landscaping is installed and maintained. 11) Prior to the issuance of any building permits, the applicant shall submit a permanent landscaping and irrigation plan to the Parks and Recreation Director for his approval. The plan shall include all artifi- cial slopes. These slopes shall be landscaped by the following standards as set forth in the City Council Open Space Maintenance Policy No. 23, as follows: a) Restored Native Vegetation: 1) AH interior slopes; - 2) These slopes will be maintained by the Homeowners' Association for a minimum of three years; XXXXXXXXXX -3- /•••S 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 3) At the end of three years, the Homeowners' Association may elect to return maintenance' responsibilities to the individual lot owners. b) Supplemental Native Vegetation: All slopes adjacent to Tamarack Avenue (extended); These slopes shall be maintained by the Homeowners' Association. c) Refined Vegetation: 1) All slopes adjacent to El Camino Real; 2) These slopes shall be maintained by the Homeowners' Association. d) Intensive Vegetation: 1) All park sites as designated on Exhibits F, 6 and I; 2) These areas shall be maintained by the Homeowners' Association. 12) Landscaping and irrigation shall be installed on all lots identified in Condition No. 11 before any of those lots are occupied. If residential construc- tion occurs in units, this condition shall be met on a unit-by-unit basis with the exception of those lots with si opes.adjacent to Tamarack Avenue (extended) and El Camino Real. Final landscaping and irrigation shall be completed on those slopes adjacent to Tamarack and El Camino Real prior to issuance of final occupancy for the first homes in Unit No. 1. 13) CC&R's for the project shall be submitted to the Planning Director for approval prior to issuance of building permits. 14) A final Recreational Vehicle Storage Area Plan showing fencing, stripping, paving specifications and access shall be submitted to and approved by the Planning Director, Parks and Recreation Director and the City Engineer prior to issuance of building permits for Unit No. 1. 15) Recreational vehicle parking shall be provided and available to residents prior to the first final occupancy permits for Unit No. 1. a) If the applicant does not wish to build the permanent Recreational Vehicle Storage Lot as shown on Exhibits F and G prior to occupancy for Unit No. 1, a temporary facility may be estab- lished to the satisfaction of the Planning Director, Parks and Recreation Director and -4- 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 the City Engineer. / f b) A plan for th-is temporary facility must be submitted to and approved by those mentioned in (a) above prior to occupancy of any residence in Unit No. 1. 16) The Recreational Vehicle Storage Facility shall be made available to only those homeowners within the PUD area. 17) A Final Parks Plan for all three park areas (shown on Exhibits F, G and I) and approved by the Parks and Recreation Director prior to issuance of build- ing permits on Unit No. 1. 18) On lots north of Tamarack Avenue, five-foot access easements shall be granted between property owners adjacent to a zero-lot-line to allow for building maintenance. PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad Planning Commission held on March 9, 1977, by the following vote, to wit: AYES: Commissioners, Larson, Watson, Nelson, Jose, Fikes and L'Heureux. NOES: None ABSTAIN: Commissioner Rombotis. ABSENT: None/ [I.C LARSON, CHAIRMAN ATTEST: S. PLENDER, SECRETARY -5- 1 ' PLANNING COMMISSION RESOLUTION NO. 1307 * i 2 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING 3 CT 76-15 FOR 136 SINGLE-FAMILY DETACHED DWELLINGS ON 43.99 ACRES ON PROPERTY 4 GENERALLY LOCATED WEST OF EL CAMINO REAL BETWEEN PARK DRIVE AND CHESTNUT AVENUE. 5 CASE NO.: CT 76-15 APPLICANT: DOUGLASS SOUTHWEST CORP. 6 . 7 WHEREAS, a verified application for a certain property, to 8 wit: 9 That portion of Lot "I" of RANCHO AGUA HEDIONDA, 10 . in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 823, 11 filed in the office of County Recorder of San Diego County, November 16, 189612 has been filed with the City of Carlsbad and referred to the 13 Planning Commission; and 14 WHEREAS, said verified application constitutes a request as15 provided by Title 21 of the "Carlsbad Municipal Code"; and 16 WHEREAS, the public hearing was held at the time and in 17 - " the place specified in said notice on December 8, 1976 and con- 18 tinued to December 22, 1976; and 19 . WHEREAS,'at said public hearing, upon hearing and considering20 the testimony and arguments, if any, of all persons who desired to 21 be heard, said Commission considered all factors relating to the 22 tentative tract map (CT 76-15) and found the following facts and23 reasons to exist: 24 . 1) The use will be detrimental to the health, safety or general 25 welfare of the persons residing or working in the vicinity or injurous to property or improvements in the vicinity because: 26 . a) If parking occurs on the south side of the proposed 27 frontage road, trash pick-up emergency vehicle access and mail service would be substantially impaired. 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 2) The Planned Unit Development (PUD-6) .was denied on December 22, 1976 and CT 76-15 does not conform to the Conditions of approved SP-115 (City Council Resolution No. 3177, dated August 7, 1973). 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 tract map (CT 76-15) is denied to allow 136 single-family detached dwellings on 43.99 acres on property located west of El Camino Real between Park Drive and Chestnut Avenue. PASSED, APPROVED AND ADOPTED at a regular meeting of the •* City of Carlsbad Planning Commission held on December 22, 1976 by the following vote to wit: AYES: Commissioners L'Heureux, Fikes, Nelson, Larson and Jose. NOES: Commissioner Watson. ABSTAIN: Commissioner Rombotis. ABSENT: None. STEPHEN M. L'HEUREUX, CHAIRMAN ATTEST: BUD PLENDER, SECRETARY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 o 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 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 c b) The "frontage road" area which will have a 10% gr^de , may tend to become a play area, further increasing the number of potential conflicts within the frontage road area and the secondary arterial (Tamarack Avenue); and c) 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. 2) The design criteria set forth in Section 21.45.110 and all minimum development standards set forth in Section 21.45.120 will not be met because: a) The plot plan and additional exhibits do not include adequate provision for open 'space recreational facili- ties, circulation and guest parking because: , 1) The required guest parking is not adequate on the north side of Tamarack (1 space is not available for each dwelling unit); 2) The proposed recreation vehicle storage area is not an adequate shape to accommodate workable internal circulation and parking for large vehicles; 3) The proposed recreational vehicle storage area is in a location that could not be adequately screened and/or isolated from surrounding residences; and 4) Required usable open space area is not provided at a ratio of 600 square feet per dwelling unit. 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 Planned Unit Development Permits is denied to allow 136 single-family detached dwellings on 43.99 acres on property generally located west of El Camino Real between Park Drive and Chestnut Avenue. PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad Planning Commission held on December 22, 1976 by the following vote to wit: s. AYES: • Commissioners L'Heureux, Fikes, Nelson, Larson and Jose. " 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'HEURlfex, CHAIRMAN ATTEST: BUD PLENDER, SECRETARY -3- MEMORANDUM 9, 1977 TO: FROM: CASE NO: APPLICANT: REQUEST: SUBJECT: PLANNING COMMISSION \ PLANNING DEPARTMENT SP 115 (A), CT 76-15, PUD-6 DOUGLASS SOUTHWEST CORPORATION Amendment of Specific Plan 115 and approval of CT 76-15 and PUD-6, to allow 135 single- family detached dwellings on 43.99 acres. CT 76-15 and PUD-6 have been returned to the Planning Commission and staff by the City Council for further study and report. The applicant and staff have worked to resolve problems as noted in previous reports and hearings. This report reflects the applicants and staff efforts. The applicant is requesting portions of SP-115 be deleted to be repla.ced by PUD. RECOMMENDATION: Staff recommends that SP-115(A), CT 76-15 and PUD-6 be APPROVED based on the following findings and subject to the following con- ditions: SP-115(A) FINDINGS 1) The proposed Specific Plan Amendment is consistent with the General Plan because: a) The Land Use Map of the General Plan shows the subject property as RM (Residential Medium Density 4-10 du. per acre). The proposed project is consistent with that designati on. 2) The proposed Specific Plan Amendment is consistent with the City of Carlsbad Environmental Protection Ordinance of 1972 because: a) The previous certification of EIR-129 combined with the submission of supplemental information meets the ordinance through Prior Compliance. 3) The proposed project conforms to applicable City policies, and ordinances dealing with .public facilities because: a) Availability of public facilities have been assured by the appropriate agencies. -1- C SP-115(A) CONDITIONS • 1) The approval for deletion of portions of SP-115 is granted for the land described in the application and any attachments thereto, and as shown on the plot plan labeled Exhibit A, dated January 25, 1977. 76-15 FINDINGS 1) The proposed map is consistent with the General Plan because: a) The Land Use Plan designates the subject site for Residential Medium Density (4-10 du. per acre).. The subject project will provide approximately 3 du. per acre. 2) The design or improvement of the proposed subdivision is con- sistent with the General Plan because: .a) The'development of the proposed project, will provide a nec- essary link in the establishment of a portion of Tamarack Avenue. b) Conditions of approval will insure the above. 3) The site is physically suitable for the type of development because: a) The currently requested project will require less grading than previously approved projects for the site. b) Most of the site has been rough graded. c) No significant vegetation exists on the site. 4) The site is physically suitable for the proposed density of development because: a) The currently requested project will result in fewer units than previously approved requests. b) Proposed dwelling units per acre do not exceed the General Plan mini mum. 5) The design of the subdivision or the imposed improvements are not likely to cause substantial environmental damage substantially and unavoidably injure fish or wildlife or their habitat because: a) An Environmental Impact Report has been certified for previous approvals. b) Staff has been supplied with adequate supplemental information to cover p-roject changes. -2- •'6) -The design of the subdivision or the type of improvements are not likely to cause serious public heal th'problems because,: • a) Conditions of approval will insure the above. 7) The design of the subdivision or the type of improvements will not conflict with easements required by the public at large for access through or use of property within the proposed sub- divisionbecause: : a) Conditions of approval will insure the above. 8) The subdivision will not prohibit reasonable access to public waterways, rivers, streams, lakes, reservoirs ,' coast! ines , or shorelines because: a) The subdivision does not front on- any of the above. CT 76-15 CONDITIONS: 1) • The approval is granted for the land described in the application and any attachments thereto, and as shown on the plot plan sub- mitted labeled Exhibit E, dated February 22, 1977. 2) Lots 116 .and 117 shall include the remnant property adjacent to them unless, prior to final map approval, the adjacent property (shown as not-a-part) can be incorporated in the subdivision to allow proper lot configuration. 3) Street names as shown are not approved. Street names shall be submitted to the Planning Director for approval pursuant to the street name policy (City Council Policy No. 20) prior to approval of the final map. 4) 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 in- stalled as recommended by the Fire Department. 5) Ornamental street lighting shall be provided for as required by Municipal Ordinance. The developer shall depost 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. 6) 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. 7) The improvement and grading plans shall include a report of a geological investigation and a complete grading plan of the entire 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, who shall be acceptable to the City Engineer. They shall certify that they have investigated the site and prepared data-with full considera- tion of the consequences to the included and neighboring properties and in conformance with the Geologic and Seismic Safety Element of the General Plan. -3- 8) El Camino Real shall be dedicated and improved along the subdivision , frontage on the basis of a 126 foot street section, according to City ' of Carlsbad Standards. 9) Prior to issuance of a grading permit for Unit 3, a 40 foot water line easement centered on the existing 14" water line crossing Unit 3 shall be granted to the City between the proposed Tamarack Avenue and Skyview Drive. 10) Slopes adjacent to public streets shall be 2:1 maximum. 11) The storm drain system is not specifically approved as shown; designs of storm drains, ditches, crossgutters and other appurtenances shall be as approved on the improvement plans. ' 12) All contractors' and construction material suppliers' vehicles shall take all access from El Camino Real during the construction of the improvements related to this tentative map. 13) Proposed Palisades Drive, proposed Terrace Drive, between Palisades and Skyview, and proposed Skyview Drive, between Terrace Drive and Tamarack Avenue shall be dedicated and improved on the basis of a 60 foot street section according to City of Carlsbad Standards. 14) The proposed three units shall be recorded and constructed in sequentation order as shown on the tentative map. 15) Prior to or concurrent with the recordation of the final map for Unit No. 1: a) Tamarack Avenue shall be dedicated and improvements shall be secured within the subdivision boundary on the basis of a modified 84 foot street section as approved on the amended Tentative Map, within the subdivision boundary. b) Tamarack Avenue right of way and improvements shall be secured to its intersection with Skyline Drive. The right of way width, street section width and general alignment of Tamarack Avenue in the vicinity of its intersection with Skyline Drive shall be as shown on Exhibit "A", of City Council Resolution No: 3856. c) The applicant shall enter into a secured agreement to install a north- bound left turn lane on El Camino Real at Tamarack Avenue as approved by the City Engineer; ? d) The applicant shall deposit funds for the stripping of the left turn / i pocket required in c. above) and in Tamarack Avenue from El Camino Real to Skyline Drive, as approved on the improvement plans. e) The applicant shall provide revised water system calculations, prepared by a Registered Civil Engineer, for the entire 3-Unit tentative map area. They shall be based on current design criteria 'o be furnished by the City, and lines shall be sized according to fire flow requirements and hydrant • locations approved by the Fire Marshall; 16) Prior to or concurrent with the recordaiion of the'final map for Unit no. 2, the applicant shall: . -4- . a) Dedicate and improve El Camino Real per Condition No. 19 above, along the subdivision frontage, based on approved improvement plans for El Camino Real. b) Dedicate a 15' wide sewer easement across lot 93 from Palisades Circle to the northwest corner of the lot. 17) If the existing 14 inch waterline lies under or within 4" of the curb, gutter and sidewalk of Skyview Drive, as approved on the improvement plans for Unit No. 3, the applicant shall deposit funds and/or enter into a secured agreement to relocate the'line to an alignment to conform with City of Carlsbad Standards. 18) Waterline improvements for each unit shall include any loop system outside the unit boundary and interim appurtenances, such as blowoffs, as required by the City Engineer, based on the engineer's calculations required in Condition 15 (e) above, or supplements thereto. 19) Dedication of El Camino Real and Tamarack Avenue shall include a waiver of direct access rights from the lots shown on each final map as abutting thereon. 20) Prior to recordation of the final map for Unit No. 3, the applicant shall provide for the future abandonment of the sewer proposed to cross lot 115 when construction of the offsit0 sewer connection in Skyview Drive occurs. -5- PUD-6 FINDINGS: 1) The proposed use at the particular location is necessary and ' desirable to provide a service or facility which will contribute to the general well-being of the neighborhood and the community because: a) The development will allow the subject property to be de- veloped to its allowable potential and density as provided in the General Plan. 2) The use will not be detrimental to the health, safety or general welfare of the persons residing or working in the vicinity or injurious to property or improvements in the vicinity because: a) The proposed PUD will be developed in a manner similar to the anticipated development in the area. b) The proposed PUD will provide a necessary link in the cir- culation system for the City (secondary arterial, Tamarack). 3) The design criteria set forth .in Section 21.45.110 and all minimum development standards .set forth in Section 21.45.020 will be met because: a) The plot plan and additional exhibits include all development aspectsrequired.. b) The plot plan and additional exhibits include adequate pro- visions for open space, recreational facilities, circulation and parking. c) The project will be developed in a manner to be compatible with surrounding development. d) Internal circulation is acceptable to the City Engineer as shown on the plot plan and by conditions of approval. e) Private recreational facilities are readily accessible. f) Dwelling unit -density does not exceed the density allowed in the underlying zone (P-C with Master Plan). PUD-6 CONDITIONS: '!) The approval is granted for the land described in the application and any attachments thereto, and as shown on the plot plan sub- mitted labeled Exhibit F, dated February 22, 1977, and additional exhibits labeled Exhibit G, H and I, dated February 22, 1977. The location of all roadways, parking areas, landscaping and other facilities or features shall be located substantially as s'hown on Exhibit F,G,H a'nd I unless otherwise provided therein. -6- 2) All conditio>T§ shall be appropriately cWnpletetl and the project commenced within 18 months from final City action. 3) All lot demensions, size and setbacks south of Tamarack Avenue (extended) as shown on Exhibit F shall conform to the R-l zone requi rements. 4) All lot demensions, size and setbacks shall generally, conform to the plot plan, Exhibit F and the typical representations shown on Exhibit B and I. In no case shall the standards set forth in Title 21, Section 2T.45.120 No. 13, A,B,C and 21.45.120 No. 2 be superceeded. 5) Structures to be built in excess of three feet above pad level shall maintain a minimum of 3 feet from any side lot line and 5 feet from any rear lot line. 6) -Building height shall not exceed 30 feet. 7) Lot coverage, including building and structures shall not exceed 40% of the lot. 8) A uniform fencing plan to provide fencing at the top of slope for those lots containing slopes dropping down to lower elevations shall be submitted to and approved by the Planning Director, prior to issuance of final occupancy for residences in Unit 1. 9) Fencing shall be provided according to the approveJ plan prior to occupancy for each affected residence. 10) Prior to issuance of grading permits, the City Engineer shall approve a plan submitted by the applicant for interim erosion control on all man-made slopes in excess of 3 feet within the boundaries of this subdivision. Prior to this issuance of grading permits, the applicant shall post bonds and agreements ensuring the installation and maintenance of the erosion control system until permanent landscaping is installed and maintained. 11) Prior to the issuance of any building permits, the applicant shall submit a permanent landscaping and irrigation plan to the Parks and Recreation Director for his approval. The plan shall include all artificial slopes. These slopes shall be landscaped by the following standards as set forth in the City Council Open Space Maintenance Policy No. 23. a) Restored Native Vegetation. 1) All interior slopes 2) These slopes will be maintained by the Homeowner's Association for a minimum of 3 years. 3) At the end of 3 years the Homeowner's Association may elect to return maintenance responsibilities to the individual lot owners. . , b) Supplemental Native Vegetation. 1) All slopes adjacent to Tamarack Avenue (extended). 2) These slopes shall be maintained by Homeowner's Association. -7- c) Refined Vegetation • , , 1) All slopes adjacent to El Camino Real. 2) These slopes shall be maintained by Homeowner's Association. d) Intensive Vegetation 1) All parks sites as designated on Exhibit F,G,I. 2) These areas shall be maintained by Homeowner's Association. 12) Landscaping and irrigation shall be installed on all lots identified in Condition llbefore any of those lots are occupied. If res- idential construction occurs in units,'this condition shall be met on a unit-by-unit-basis with the exception of those lots with slopes adjacent to Tamarack Avenue (extended) and ECR. Final landscaping and irrigation shall be completed on those,slopes adjacent to Tamarack and El Camino Real prior to issuance of final 'occupancy for the first homes in unit 1. 13)CC&R's for the project shall be submitted to the Planning Director for approval prior to issuance of building permits. A final Recreation Vehicle Storage Area Plan showing fencing, stripping, paving specifications and access shall be submitted to and approved by the Planning Director, Parks and Recreation Director and City Engineer prior to issuance of building permits for the Unit 1. 15) Recreat-ional vehicle parking shall be provided and available to residents prior to the first final occupancy permits for Unit 1. a) If the applicant does not wish to build the permanent RV Storage lot as shown on Exhibit F and G prior to occupancy for Unit 1, a temporary facility may be established to the satisfaction of the Planning Director, Parks and Rec- reation Director and "City Engineer. b) A plan for this temporary facility must be submitted to and approved by those mentioned in (a) above prior to occupancy of any residence in Unit 1. 16) The Recreational Vehicle Storage facility shall be made available to only those homeowners within the PUD area. 17) A Final Parks plan for all 3 park areas (shown in Exhibit F,G,I) and approved by the Parks and Recreation Director prior to issuance of building permits on Unit 1. 18) On lots north of Tamarack Avenue, 5 foot a-:cess easements shall be granted be.tween property owners adjacent to a zero lot line to allow for building maintenance. . ' -8- BACKGROUND: , The Planning Commission denied CT 76-15 and PUD-6 (Planning Commission Resolution 1307)on December 22, 1976. . The basic concern of the Commission was the Tamarack frontage road concept, as presented by the applicant. A number of potential prob- lems stemming from the frontage road design was presented in the staff report dated December 22, 1976. The staff report also pointed out certain deficiencies in RV parking, usable open space and guest parking along Tamarack. However, it was noted in the report that these problems could be worked out as a function of minor project redesign. At the City Council meeting of January 18, 1977, the City Council noted four distinct problems, the primary one being the potential conflicts resulting from the frontage road. They sent the problems _back to the Planning Commission, staff and the applicant to work out; 'they were: 1) Frontage road design problems. a) Pedestrian, motor vehicle, bicycle conflicts. b) No separation of frontage road and secondary arterial. c) Sight distances on frontage- road and secondary . arterial . ' d) Parking conflicts on frontage ro.ad. e) Service vehicle conflicts on frontage road. f) Driveways onto secondary arterial. 2) Recreational Vehicle Storage area (adequacy under PUD requirements) 3) Location-size-adequacy of usable open-space (adequacy under PUD requi rements). 4) Open Space Maintenance. Because of the many questions and concerns resulting from the frontage road concept, the applicant has redesigned the subdivision and eliminated the frontage road completely. Staff feels that the current subdivision design is a much more workable one than the previous pro- posals. The elimination of the frontage road solves the majority of the pro- blems raised at the staff, Planning Commission and City Council levels. .No residences will front on the secondary arterial (Tamarack). The land, on the north side of Tamarack will slope down to residences. The land on the south of Tamarack will slope up to residences. The applicant lost 2 lots (136 to 134) from the previous subdivision design. - The Recreational Vehicle Storage area has been redesigned and relo- cated (See Exhibit G). The area has been combined with a recreation area using a common access. The RV area is in a location that is physically and visually separated from residences and public streets. •.Staff feels this is a good location for the combined RV storage and recreation area. Required RV Storage area under the PUD ordinance. is 5400 sq. ft. The proposed RV Storage area is approximately 9000 sqijare feet, excluding access -road. The applicant has worked with the Planning Department and the Parks and Recreation Director on location, size and adequacy of usable open space for the project. The applicant, as a result, has redesigned the project to show three recreational areas (See Exhibits, F,G,I). These recreational areas are located to serve three distinct areas in the subdivision. The required size for all usable recreational facilities under PUD requirements is 600 square feet of space for each residence. The subject request is therefore required 81000 square feet or 1.86 acres of recreation area. The proposed net square footage for the three park areas 'is 77,600 square feet or 1.78 acres (See CT Exhibit E). The PUD ordinance allows up to 50% credit towards the usable open space requirement for scenic natural facilities, vistas, etc. Staff.feels that the usuable open space area, as proposed, is adequate to meet the needs of the future residents. Staff also feels that credit for the additional 3400 square feet (4% of 1.86 acres) can be given for the potential scenic value, that will be created by the creation of Tamarack Avenue. Views to eastbound travel on Tamarack will be unimpared with the absence of houses fronting on the north side of the street. City Council Policy #23 (open space maintenance) establishes categories for various levels of landscaping and. maintenance. Staff and the applicant have discussed the various categories in Policy #23 and have come to an agreement regarding which areas in the subdivision should fall under the various categories. The applicant has indicated that a Homeowner's Association will be created, and that they will be responsible for maintenance. However, if at some future date the Homeowner's Association wishes to work with the City in creating an Open Space Maintenance District, the existing landscaping will have been installed under categories estab- lished by the City (See PUD Condition No. 8). Additional Questions Raised at City Council Master Plan Consistency The existing Master Plan shows areas of specific density. These areas .range from 7.7 du. per acre to 2.5 du. per acre with an overall density of 5.9 du. per acre. Staff feels that because the overall density of the proposal has been lowered significantly (to 3 du. per acre) that the specific areas designated for specific densities need not be strictly adhered to. Connection of Ncblina Drive . ' • . A local property owner expressed concern over the ultimate traffic connection of Neblina Drive to Tamarack Avenue. -10- /*% 'Neblina Drive is a collector street, and therefore, is planned to carry surface traffic from residential areas to higher volume 'streets. The ultimate development of the connection will result in more efficient traffic flows in the area. The previously approved Specific Plan (SP-115) and Tract Map (CT 73-8) show Neblina Drive to ultimately link up to a street connecting with Tamarack. The current map does not modify previously approved plans in this regard. Panhandle Lots The previous request for subdivision icluded some panhandle lots. The current request does not include panh'andle lots. Lot Width, distance between buildings, usable PUD area The redesigned subdivision and PUD use the zero-lot-line cojicept and incorporate lots with rather limited street frontage, (one reason for use of -zero-1 ot-1 ine design), some with 44 feet at the street. The average width at the street for lots north of Tamarack is about 50 feet. The PUD ordinance requires the following setbacks under 21.45.120(13). A) The di stance between any building used for human habitation and any other building shall not be less than 10 feet. B) Distance between any uninhabited buildings or structures shall be not less than 5 feet. C) The distance between wings or courts of a building shall not be less than 10 feet. Conditions of approval will insure the.se. standards (SEE PUD Conditions #4). The lot size and actual buildable pad size may be substantially different because of the presence of rough topography. For example, lot #78 on Tract Map, Exhibit E, is about 9000 square feet, however, the actual building pad size is about 3500 square feet. Lot No. 122, Exhibit E is about 12,400 square feet, however, the actual pad size is about 5600 square feet. This limited flat area limits the amount of usable lot area. A policy determination has not been made as to the requirement of usable lot area in relation to actual lot size. This situation occurs, however, in other areas of the City, with steep slopes or rough topography. The Building Department has indicated the following standards for zero lot line construction. Staff assumes the developer is aware of these Uniform Building Code requirements: 1) One hour wall is required when a structure is. placed less than 3 feet from property line. -11- 2) No openings are permitted in walls closer than 3 feet from' .property line. To avoid these requirements the developer may wish to maintain .a 3 foot setback from the affected property line. View blockage problem At the City Council hearing, a local property owner expressed concern about a small hill in the area blocking his view.. Staff has deter- mined that the hill in question is not on the subject property, and cannot be considered with this subject request. PUD Development Standards Staff has reviewed all requirements under 'Section 21.45.120 (Develop- ment standards) and has found that by design or conditions o,f approval all of the requirements have been adequately met. Most requirements have been discussed in the preceeding discussion. Guest parking spaces will be supplied on-street, at one-guest- ' per-unit ratio. .Staff has analyzed street parking in cul-de-sac areas and found parking availability adequate. Guest spaces are provided off a private drive for 6 units, see CT Exhibit E, lot no. 70. Sidewalks will be provided on all public streets to City standards. TH:ar (3/4/77) Attachments: Exhibit E, dated 2/22/77 Exhibit F, dated 2/22/77 Exhibit G, dated 2/22/77 Exhibit H, dated 2/22/777 Exhibit I, dated 2/22/77 Memorandum to City Manager, dated 1/10/77 Planning Commission Resolution no. 1307 Staff Report, dated 12/22/76 -12- /-s STAFF REPORT December 22, 1976 TO: FROM: CASE NO: t APPLICANT: REQUEST: PLANNING COMMISSION • PLANNING DEPARTMENT CT 76-15; PUD-6 DOUGLASS SOUTHWEST CORP. • Deletion of Specific Plan llj (C.C. Resolution #3177, August 7, 1973) and approval of CT 76-15 and PUD-6 to allow 136.sinqle-family detached dwellings on 43.99 acres. SECTION I. RECOMMENDATION: Staff recommends findings : that CT 76-15/PUD-6 be D£NI_ED^ based on the following 1) 2) The use will be detrimental to the health, safety or general wel- fare 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 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- tential 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 would be substantially impared. The design criteria set forth. in Section 21.45.110 and all minimum development standards set forth in Section 21.45.120 will hot be "met because: a) The plot plan provision for and guest - parking because: and additonal exhibits do not include adequate open space recreational facilities, circulation 1) The required guest parking is not adequate on the'north side of Tamarack (1 space is not available for each dwelling unit). , v . -1- ,2) The proposed recreation vehicle storage area is not • an adequate shape to accommodate-workable internal circulation and parking for large vehicles. • • ' 3) The proposed recreational vehicle storage area is in a location that could not be adequately screened and or isolated from surrounding residences. 4) Required, usable open space area is not provided at a ration of 600 square feet per dwelling unit. If the Planning Commission wishes to make findings of approval, staff recommends the following conditions: 1) Specific Plan (C.C. Reso., #3177, dated August 7, 1973) is hereby deleted. The approval is granted for the land described in the application and any attachments thereto. Conceptual and general design aspectsof the Plot Plan submitted labeled Exhibit C, dated October 29, 1976 are hereby approved. A revised plan shall be submitted to the Planning Director, City Engineer, Public Works Administrator, and Fire Marshall prior to final approval. The revised Tentative Map will include changes that reflect the conditions herein. This map shall show sewers and the easement for a future sewer to Holly Bral Estates. 4) The "frontage road" on the north side of Tamarack Avenue will be redesigned to minimize potential pedestrian, -bicycle, motor- bicycle conflicts to the satisfaction of the City Engineer and Public Works Administrator. . - 5) A study showing the street design geometries pad elevations and building locations adjacent to and on lots 19 & 20, 21, 22 and 23 shall be submitted to the City Engineer and Public Works Admin- istrator in conjuction with condition 4. 6) The "frontage road" on the north side of Tamarack shall be re- designed to provide 1 guest parking space per dwelling unit as required by the PUD ordinance. :) 7) A recreational vehicle storage area that is adequate in size, shape and location shall be provided to the satisfaction of the Planning Director. • 8) Usable open space shall be provided pursuant to requirements of the PUD ordinance based on a 600 square feet to 1 du. ratio to the satisfaction of the Planning Director and the Parks and Recreation • Director. 9} A revised Planner1 Unit Development Map and necessary additional exhibits as required by the PUD ordinance shall be submitted for approval by the City staff prior to issuance of grading permits. 10) Prior to the issuance of grading permits, the City Engineer shall approve a plan submitted by the applicant for interim erosion con- trol on all man-made slopes in excess of five-feet created by this subdivision"!"" Prior to this issuance Degrading permits, the .applicant shall post bonds and agreements ensuring the install- ation and maintenance of the erosion control system until per- manent landscaping is installed and maintained. 11) Prior to the issuance of any building permits, the applicant shall submit a permanent landscaping and irrigation plan to the Parks and Recreation Director for his approval. The plan shall include all artificial slopes. These slopes shall: a) Utilize fire-retardent, drough-resistant landscaping which includes trees a-nd shrubs which reach a variety of sizes at. maturity; ' •,, : b) Utilize an irrigation system appropriate for common maintenance of the required landscaping in conformance with conditions 12, 13, 14. » 12) Permanent landscaping and irrigation shall be installed on all lots identified in Condition 11 before any of those lots are occupied. If residential construction occurs in units, this condition shall be me on .a unit-byunit basis. 13) Prior to approval of a final subdivision map for any portion of the Specific Plan area, the applicant shall file with the Clerk of the City of Carlsbad a petition for the formation of an Open-Space Maintenance District, as provided for in Section 50590 of the California State Government Code, to provide maintenance of those areas described in Condition 11.. The applicant shall maintain these areas and all landscaping installed in conformance with Conditions 11 and 12 unti.l such time as an Open Space Maintenance District is established and accepts maintenance responsibilities as prescribed in the Open Space Maintenance Act, or until main- tenance responsibi1ity is accepted by another entity acceptable . to the City. • . .• 14) Prior to the issuance of building permits, the provision of per- manent open space maintenance shall be assured to the sa'ti sif a-ction of the City Manager. The. provision of permanent open space main-. tenance shall include, if possible,- maintenance of man-made slopes . occurring on the school site. If the City Coucil has not for any reason formed an Open Space Maintenance District as petitioned by the applicant in conformance with Condition 13 the applicant shall form a Homeowners' Association to perform maintenance by- another .jentity acceptable to the City Manager. ' .} CC & R's for the project will be submitted to the Planning Director for approval prior to issuance of building permits. 15) In order to provide for reasonable fire protection during the i construction period, the subdivider shall maintain passable veh- icular access to dll buildings and adequate .fire hydrants with requred fire flows shall be installed as recommended by the Fire Department. ' ' .• [ . , . , • ., " " v - it -3- • t . t • ' I * * (16) Ornamental street lighting shall be provided for as required by Municipal Ordinance. The developer shall deposit cash in the amount necessary to energ-ize said street lights for an eighteen month period after construction, to permit the incorporation of the subdivision into a maintenance district. 17) 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 fianl map unless approved by the City Engineer. 18) The improvement and grading plans shall .include a report of a geological investigation and a complete grading plan of the entire 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, who shall be acceptable to the City Engineer. They shall certify that they have investigated the site and prepared data with fu. 11 • considera- tion of the consequences to the included and neighboring proper- ties and in conformance with the Geologic and Seismic Safety Element of the General Plan. 19) El Camino Real shall be dedicated and improved along the subdivision frontage on the basis of a 126 foot street section, according to City of Carlsbad Standards. 20) Prior to issuance of a grading permit for Unit 6, a 40 foot water line easement centered on the existing 14" water line crossing Unit 6 shall be granted to the City between the proposed Tamarack Avenue and Terrace Court street easements. 21) Slopes adjacent to public streets shall be 2:1 maximum, 22) The storm drain system is not specifically approved as shown; designs of storm drains, ditches, crossgutters and other appurteuances shall be as approved on the improvement plans. 23) All contractors' and construction material suppliers' vehicles shall take all access from El Camino Real during the construction of the improvements related to this tentative map, 24) Proposed Palisades Drive shall be dedicated and improved on the basis of a 60 foot street section according to City of Carlsbad Standards. - • 25) The proposed six units shall be recorded and constructed in re- quested order shown on the tentative map. 26) • Prior to or concurrent with the recordation of the final map for Unit No. 1: a) Tamarack Avenue shall be dedicated and improvements shall be secured within the subdivision boundary on the basis of a. • modified 84 foot street section as approved on the amended Tentative Map, within the subdivision boundary. -4- . ' ' b) Tamarack Avenue right of. way and improvements shall be secured to its intersection with Skyline Drive. The right of way width, street section width and general alignment of Tamarack Avenue in the vicinity of its intersection with Skyline Drive shall be as shown on Exhibit "A", of City Council Resolution No: 3856. c) The applicant shall enter into a secured agreement to install a northbound left turn lane on El Camino Real at Tamarack Ave., as approved by the City Engineer; d) The applicant shall deposit funds for the striping of the lefu turn pocket required in c. above) arid in Tamarack Avenue from El Camino Real to Skyline Drive, as approved on the improve- ment plans. e) The applicant shall provide for temporary turn arounds on the ends of proposed Palisades Drive and a 15' wide all-weather .: r-oad emergency access to connect them. f) The applicant shall provide revised water system calculations, prepared by a Registered -Civil Engineer, for the entire 6-Unit tentaive map area. They shall be based on corrent design criteria to be furnished by the City, and lines shall be sized according to fire flow requirements and hydrant locations approved by the Fire Marshall; g) The applicant shall dedicate andenter into a secured agree- ment to improve El Camino Real per Condition No. 19 above along the Unit 1 frontage, based on approved improvement plans for El Camino Real along the entire subdivision frontage; 27) Prior to or concurrent with the recordation of the final map for Unit No. 2, the applicant shall: a) Dedicate and improve El Camino Real per Condition No. 19 above, along the Unit 2 frontage, based on approved improvement plans for El Camino Real a.long the entire subdivision frontage; b) Provide for a. .temporary turn-around on proposed Palisades Drive at the unit boundary and for a 15' wide all-weather loop road to connect the ends of proposed Palisades Drive. 28) Prior to or concurrent with the recordation of the final map for Unit #4, the applicant shall dedicate and enter into a secured agreement to improve the remainder of Palisades Drive. 29) If the existing 14 inch water line lies under or within 4' of the curb, gutter and sidewalk of Terrace Court, as approved on the improvement plans for Unit #6, the applicant shall deposit funds and/or enter into a secured agreement to relocate the line to an alignment to conform with City of Carlsbad Standards. -5- 30) Waterline improvements for each unit shall include any loops systems outside the unit .boundary and interim appurtenances, such • as blowoffs, as required by the City Engineer, based on the engineer's calculations required in Condition 26 (f) above, or supplements thereto. 31) Dedication of El Camino Real and Tamarack Avenue shall include a waiver of direct access rights from the lots shown on each final map as abutting thereon, except along the modified access frontage along a portion of the northerly edge of Tamarack Avenue. -6- SECTION II: BACKGROUND Location and Description of Property: The 43.99 acre vacant parcel is located west of El Camino 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: North: South: East: West: Existing Land Use: Subject Property: . North: South: East: West: Past History and Related Cases: Planned Community R-l-15,000 R-l-15,000 Planned Community R-l-15,000 Vacant Single Family Residences Single Family Residences First Phase Condominiums Single Family Residences 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 115, 1973) was approved 63 acres. (City Council Resolution No. for 331 condominium units on 3177", August 7, approximately 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 building•permits (Map 8039, covering approximately 20 acres). City Council Resolution 3137 (June 5, 1973) adopted Master Plan No. 108 for the subject property. In addition to MP-108, City Council Resolution 3137 certified an Environmental Impact Report (No. 129) for the project. -7- Environmental Impact Information: 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 Prior Compliance. General Plan Information: ' ' 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 "connecting link" to Tamarack Avenue. The site is. within the jurisdiction of the Carlsbad Unified School District. Major Planning Considerations: Is the proposed subdivision consistent with the General Plan? Does the proposed subdivision conform to the requirements of the PUD Ordinance? ' . SECTION III: DISCUSSION Staff is concerned about the "frontage road" concept as presented on the various exhibits. The applicant has attempted to avoid driveways along Tamarack Avenue by creating this parallel roadway. The General Plan states the following regarding secondary arterials (Tamarack): Guideline 5: Minimize private driveway access onto . •-both major and secondary arterial roads. Guideline 6: Design roads so as to minimize conflict- ing traffic movements such as turning, curb parking, uncontrolled access and frequen.t stops. Guideline 1 5: Separate pedestrian bicycle and vehicular traffic where possible. .Also, establish a .separate system of hiking trails, bicycle .paths and equestrian trails from which motorized vehicles would be banned.. -8- Street functions and standards: Secondary Arterials: "The main function of a secondary arterial is to conduct traffic from collector streets to and from major arterials or freeways. Land access is only a minor function of a secondary arterial and, therefore, parking should be discouraged and 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 continuous system, since this might result 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 frontage road area will be at a significant grade (10%) in certain area^s and will conform to a curved alignment. In addition, building pads on 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 frontage 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 (common 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 conflict between service/emergency vehicles along Tamarack 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. Mail pick-up/delivery is also a possible pro.blem 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. In addition to the circulation problems, certain requirements of the PUD ordinance are not 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 usable for an adequate number of large vehicles. - -9- Also, staff does not feel that the recreational vehicle area ' could be 'adequately screened from the residences across 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 dwelling unit. For the subject project, this would 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, di stinct areas). For example, the applicant shows an open space lot on the western boundary (lot 110, Exhibit C) that 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 based 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. 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. THrtndp: ar (12/3/76) Attachments:Exhibit Exhibit Exhibit Exhibit A, B, C, D, 10/1/76 10/1/76 10/29/76 10/29/76, Letter from John EIR Supplemental Douglass, 10/29/76 Information .1ft. -. _. - JVK Vs- - V, . * ...JT • . 1 1 , jTr^t^^TiCT^nrnT23^ ^^ni^TTnrT^^^TFiTr 5 i ; ntiJ'fiTi"i^^ni n>» j-^i^^^li^vJ-'-ri'si'-ji lr !J 'rt:l41 *fnH^3Mili4<^^l*^w'^ >«v ^'•A^vAJtaoJiSvfi^vasfvi )& y;a y^'Ss^J .'•^l^.JWijL COMMUNITY BUILDERS • RO.SsOX1114 • CARLSBAD, CALIFOhA 920Q8 TELEPHONE (714)729-4958 'October 29, 1976 . , Planning Commission City of Carlsbad Carlsbad, California Re: Tentative Subdivision Map for Carlsbad Tract No. 76 Carlsbad Palisades Honorable Commissioners: • , Delivered to the City via Mr. Donald Agatep, Planning Director, with this letter are 20 further revised sets of maps and related drawings for our pro- posed development of the balance of this project. They have been further revised in our efforts to conform to the direction recently given us by Mr. Tim Flanagan, City Engineer, and other members of the City staff. Our new plan now includes only 136 residential lots in the same area in which 217 residential lots had been previously approved in tentative tract 73-8. These fewer number of lots result in a new lowered density of 3.09 dwelling units per acre as compared to nearly five dwelling units per acre in the previously approved tentative map. Another betterment in our new plan being presented to you is that all of the homes to be built thereon will be detached and of larger size and value. The majority of the lots in the previously approved plan provided for attached townhomes. The sales price range for these homes we now plan to build will be from $60,000 to $120,000 depending upon floor area, special architectural features, and lot characteristics. Most of our buyers are expected to be mature fami- • lies having grown children who are not living with their parents. The townhomes we have built in our previous development phase have been very well received by the public. A number of them have been purchased by citizens of Carlsbad. The new homes we plan to build in this new phase of development will have even more public acceptance and community prestige. Please recommend approval of this new tentative subdivision map to the City Council. Respectfully submitted, . DOUGLASS SOUTHWEST CORPORATION • bhn C. President JCDjr: cab End. JBSIDIARY OF DOUGLASS PACIFIC CORPORATION Case -/<>' Date Rec'd:Y~^£>-DCC Date: // Description of Request:j^. PC Date_///^/7<^ Address or Location of Request: Applicant: Engr. or Arch.' Brief Legal: ssessor Book:-^*7 f>a9e:__2LCL^: 2— „ ..__ General Plan Land Use Description: £KX{ (<{--/r> D/K Existing Zone: *PC— Acres: 4"f" Parcel ;_*? No. of Lets: Proposed Zone: / DU ' s School District:^/?// DU/Acre j .. Water Sanitation District: Within Coast Plan Area:Coast Permit Area: FORM PLANNING 52