HomeMy WebLinkAbout1977-07-19; City Council; 5138-1; APPROVAL OF TENTATIVE MAP SOUTH SIDE OF ELM BETWEEN HIGHLAND & VALLEY - RAY STOCKTON3- It -7 7
W Dept. Hd. !fir" UTV Initial :
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AGENDA BILL NO. 5/3g--
DATE: July 19, 1977 City Atty 'J I523
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City Mgr. 3 '- '.
SUBJECT: CASE NO: CT 77-7 Approval of Tentative Map - South side of El
APPLICANT: RAY STOCKTON. ," , between Highland is Valley
PLANN I NG g!~ A RT M E N T :
I
STATEMENT OF THE MATTER
REQUEST:
The subject property is situated on the south side of Elm Avenue, between Highland and Valley. The Tract Map is to divide 7.4 acres into 28 lots meeting the R-1 and the R-1-10,000 zones.
The lots 1 through 27 are subdivided meeting the minimum R-1 standards. A public road will be constructed to serve the interior of this block and no units will have access directly to Elm Avenue. Lot 28, which is
on the corner of Oak and Highland contains an existing house. Since
new development is not proposed on Lot 28 at this time, the Planning
Commission recommended that City street standards be modified adjacent to Lot 28 to allow for the retention of approximately 12 mature pine trees. Details of this modification will be worked out by City Engineer
at time of submittal of improvement plans.
The application for subdivision was submitted prior to moritorium date (April 19, 1977). However, because of PC continuance to solve design
EXHIBITS:
Staff Report Planning Commission Resolution No. 1376 Location Map Exhibit showing possible future division of lot 28
Exhibit showing existing section of Highland Drive Exhibit A, dated June 8, 1977
RECOMMENDATION:
The Planning Commission recommends approval .of CT 77-7 as per Planning
Commission Resolution No. 1376. Planning staff agrees with the Planning
Commission and recommends that City Council direct City Attorney to pre-
pare documents approving CT 77-7 per Planning Commission Resolution No.
1376.
Council action
. problems this item has been late in processing.
8-2-77 The City Attorney was instructed to prepare documents necessary for the approval Of Carlsbad Trust 77-7 in accordance with Resolution #1376 of the Planning Commission.
FORM PLANNING 73
P. .m e L.
I‘
3 STAFF REPORT
DATE : JUNE 22, 1977
,ro : PLANNING COMMISSION
1 -1.
FROM: PLANNING DEPARTMENT
CASE NO: CT 77-7 n
APPLICANT : RAY STOCKTON
REQUEST: APPROVAL OF A TENTATIVE TRACT MAP TO PROVIDE
28 LOTS ON 7.4 ACRES IN AN EXISTING R-1 AND R-1-10,OOO ZONE.
SECTION I. RECOMMENDATION
Staff recommends APPROVAL of CT 77-7 based on the following fine
and subject to the following conditions:
FINDINGS :
1) The proposed map is consistent with the General Plan becaust
a) The Land Use Plan Map designates the subject site for Residential low-medium density (0-4 dwelling units per
acre). The subject project will provide approximately
3.8 dwelling units per acre.
2) The design or improvement of the proposed subdivision is co: sistent with the General Plan because:
a) The project will provide orderly residential developmen and
b) The project will not cause excessive expansion of publi facilities and/or expense to the taxpayer; and
The site is physcially suitable for the type of’development
because:
a) The proposed development will not affect any unusual topographic or geologic features on the site;
b) No significant natural vegetation exists on the site.
The site is physically suitable for the proposed density of
development because:
a) Proposed dwelling units per acre do not exceed the allc maximum.
There are no significant physical features on the site
would hinder development as planned.
3)
. .
4)
b)
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5) The design of *' the subdivision or the imp 9 sed improvements ax
i not likely to cause substantial environment damage or sub-
stantially and unavoidable injure fish or wildlife or their habitat because:
7 i a) A Negative Declaration has been issued for the proposed
development (See No, 9 below) e
6) The design of the subdivision or the type of improvements ar
not likely to cause serious public health problems because:
a) Conditions of a roval will insure the above.
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7) The design of the subdivision or the type of improvements wj not conflict with the easements required by the public at 12 for access through or use of property within the proposed subdivision because:
a) Conditions of approval will insure the above,
8) The subdivision will not prohibit reasonable access to publ:
waterways, rivers, streams, lakes, reservoirs, coastlines 01 shorelines because:
a) The subdivision does not front on any of the above.
9) The subject application has complied with the requirements (
the Carlsbad Environmental Protection Ordinance of 1972 bet(
a) A Negative Declaration has been issued for the project based on the following findings:
1. The project location is within an urbanized area,
2. No significant landforms or vegetation exist on the
10) The proposed tentative tract map is consistent with applica:
City Public Facilities Policies and Ordinances because:
a) The Planning Commission finds that sewer service is not available for this development as of the date of this
approval. However, sewer service may be available in t future. The Planning Commission will by inclusion of a
appropriate condition to this Tentative Subdivision Map approval, insure that the final map will not be approve
available to serve the project. In addition, the Plann
Commission will add a condition that a note be placed o the final map providing that building permit may not is
terrnines that sewer service is available. Since the fi map cannot be approved unless sewer service is availabl and building cannot occur within the subdivision unless
sewer service remains available, the Planning Commissio
satisfied that the requirements of the public facilitie
element of the General Plan have been met insofar as th
apply to this Tentative Subdivision Map approval.
' . unless the City Council finds that sewer service is
for lots in the subdivision unless the City Engineer de
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’ b) A11 0th- necessary public facilits, ’ including schoo
I are available to serve the subject project ‘as proposed
I_ CONDITIONS
Y ii) The approval is granted for the land described in the applir and any attachments thereto and as shown on the plot plan SI
mitted labeled Exhibit A, dated June 8, 1977.
2) Park-in-lieu fees shall be paid to the City prior to approvi
the final map. I
3.a) This subdivision is approved on the express condition tha‘
the final map shall not be approved unless the City Counc: finds as of the time of such approval that sewer service .
available to serve the subdivision.
This subdivision is approved upon the express condition tl
building permits or grading permits will not be issued fo:
development on the subject property unless the City Enginc determines that sewer facilities are available at the timc
application for such permit and will continue to be avail,
until time of occupancy. If the City Engineer determines sewer facilities are not applicable, building permits wil
riot be issued until arrangements satisfactory to the City
Council, can be made to-guarantee that all necessary sewe
facilities will be available prior to occupancy. This co: shall be noted on the final map.
b)
c) This Tentative Subdivision Map shall be subject to any fu
approvals as may be necessary in connection with such pla
the allocation of sewer service among competing uses as t
City Council may adopt. If an allocation plan is adopted
to final map approval, the applicant shall satisfy the re
ments of such plan as a further condition of this Tentati Subdivision Map approval. .
4. Additional dedication along the Highland Street frontage
(lot 28) shall be provided prior to recordation of the fii
map, to the satisfaction of the City Engineer,
All public improvements shall be installed on Valley Stre Oak Avenue, Elm Avenue and Highland Drive to City standards ex= a modified street section adjacent to lot 28 which would
for the retention of approximately 12 mature pine trees 11
cated within the existing right of way. Additional right way along lot 28 may be required to facilitate the retent
of these trees.
The applicant shall pay reimbursement fees for sewer and : drain facilities to the satisfaction of the City Engineer prior to recordation of the final map.
5.
6. ..
7. A 6’ decorative, masonry wall, as approved by the Planning
Director, shall be constructed along the rear lot lines
adjacent to Elm Avenue prior .to the issuance of final occu sf the affected units
0 w SLC'I'IUN 11. I3ALhbi~uuI\(u
Location and Description of Property
The 7.4 acre site is located on the west side of Valley Street b
T $ween Elm Avenue and Oak Avenue.
a south east portion, (at one time an avocado grove).
The parcel contains a number o
It appear
O maturQ tre@s of UariOus typa. A few 010 avocado trees exirjt. on
that most of the site has been cultiviated in the past. NO port of the site is now under cultivation. .
Three older single family residences that now exist on the site
planned to be removed. structures and horse corrals. None are planned to remain, The
existing house on lot 28 will remain.
The site is traversed by a depression running generally through
Center from north to south. The grade differential from the we: property line (high) to the depression (low) is approximately 2(
The site slopes upward from the depression to Valley Street grae
(approximately 10' foot increase in elevation).
boardered by public streets on the north, south, east and west.
Existing Zoning:
These residences include a number of acc
The parcel is
Subject Property: R-1 & R-1-10,000
North: R-1 & R-1-10,OOO
East: R-1
West: R-1-10,000
South: R-1 & R-1-10,OOO
Existing Land Use
Subject Property: SFRs & Vacant North: SFRs South: SFRs
East: SFRs
West: SFRs
Past History and Related Cases
N/A
Environmental Impact Information
An Environmental Impact Assessment has been received and a Nega Declaration issued for the subject project based on the followi
findings :
1.
2.
General Plan Information
The Land Use Plan Map designates the subject site for Resdentiz Low Medium Density (0-4 du per acre) uses.
The project location is within an urbanized area.
No significant landforms or vegetation exist on the site.
The proposed subdivision w provides 28 single f % ily residential
'lots on 7.4 acres. The density of this project is 3.8 du per
gross acre. However, since lot #28 has the potential of being
further, the effective net density of this prolect 1s 4.35 du per acre (27 lots on 612 acres),
7 far this slight increase in density (over the General Plan maximurn) by the following:
The General Plan provides
EXPLANATORY NOTE ON DENSITY RANGES
The densities established for the Jaw and low-medium density
residential classifications simply designate the maximum
number of dwelling units per gross acre that would be permitted if all other requirements are met.
where the base zone is consistent with the land use designation
in the low and low-medium density residential classifications,
the City may find that the project is consistent with this elemer if it is compatible with the objectives, policies, general land
uses and programs expressed herein and does not exceed twenty-
five (25) percent of the maximum allocation.
Public - Facilities
In addition to aforementioned finding and conditions regarding the current lack of sewer treatment capacity, the applicant will also have to pay reimbursement fees for sewer and storm
drain facilities as required by condition #6. The sewer line
and storm drain that will eventually serve this development
were oversized by the developer to the east (Buena Woods) to accommodate this additional service area.
All other necessary public facilites, including schools, exist
or are located within close proximity to the site.
Major Planning Consideration:
Is the subdivision an efficient use of subject property in term City requirements and standards?
In those exceptional cases
buk wdd pmi4 a sliohcly highu yidd than that recornended
SECTION 111. DISCUSSION
Staff feels that the design of the proposed subdivision is accer able in terms of the applicable City standards.. A consideratio1
that should be addressed at this point, is whether street irnpxo~
ments along Highland Drive and Oak Street should be installed a:
conditior, of this approval. There are a number of mature cypre:
trees along the tentative frostage of Highland, and a few (4) a:
. the extreme western portion of the Oak frontage. All of the trc fall on portions of lot 28 (See Exhibit A, and existing street :
exhibit). These trees would have to be removed if street improi are installed.
' The snbdivision ep act requires that impralients be installed - waved by the City. No future agreements are allowable. As a r(
staff has conditioned the recommendation of approval with a pro' for full street improvements. However, staff feels that the si(
ificance of these existing trees may warrant ar, alternative con(
? ,giving special consideration to lot 28 improvements.
Lo 28 is not planned for subdivision. If and when the lot is s
divided, (See attached exhibit), the City would have another op tunity to require provision of street improvements. As a resul
the City would not be loosing it's ability to obtain the improv at some future date when the int"ensity of use along Highland is increased by subdivision and development.
~t the PIann?ng tomm!ss?on wishes 40 de€er &he YA~U~YBMR~ $8~ street improvements along parcel 28, staff suggest the followir. alternative condition to replace Condition No. 5:
Alternative 5: All public improvements
shall be installed along all street frontages of the subdivision with the
exception of those frontages adjacent
to lot 28, to the satisfaction of the
City Engineer.
MZ:TH:ar
Attachments: Location Map,
Exhibit showing possible future division of Lot 2E
Exhibit showing existing section of Highland Drive
Exhibit A, dated 6/8/77.
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W' I)
PLANNING COMMISSION RESOLUTION NO. 1376
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A TENTATIVE TRACT MA? TO PROVIDE
R-1-10,000 ZONE, LOCATED ON THE SOUTH SIDE '
OF ELM AVENUE BETWEEN VALLEY STREET AND HIGH-
CASE NO: CT 77-7
APPLICANT: RAY STOCKTON
28 LOTS ON 7.4 ACRES IN AN EXISTING R-1 AND
LAND DRIVE.
WHEREAS, a verified application for a certain propert],
wit:
All that portion of Lot 21 of Patterson's Addition, ir
City of Carlsbad, County of San Diego, State of Calif- ornia, according to Map thereof No. 565, filed in the
office of the County Recorder of said San Diego Count:, September 22, 1888, and more particularly described ir
the files of the City of Carlsbad Planning-Department. Assessor's Book 156, Page 51, Parcels 4 and 5.
has been filed with the City of Carlsbad and referred to t!
Planning Commission; and
WHEREAS, said application constitutes a request as prc
by the "Carlsbad Municipal Code; I' and
WHEREAS, the public hearing to consider the subject re
was held on June 22, 1977, at the time and in the place spc
in the public hearing notice, pursuant to the provisions oJ
Carlsbad Municipal Code; and
WHEREAS, at said public hearing, upon hearing and con:
the testimony and arguments, if any, of all persons who de2
to be heard, said Commission considered all factors relatii
the Tentative Tract Map request (CT 77-7) and found the fo:
facts and reasons to exist:
1) The proposed map is consistent with the General Plan bc
a) The Land Use Plan Map designates the subject site
Residential low-medium density (0-4 dwelling unit!
acre), The subject project will provide approximi
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3.8 dwelling units per acre.
The design or improvement of the proposed subdivision i
sistent with the General Plan because: 2)
a) The project will provide orderly residential devel
and $1
The project will not cause excessive expansion of
facilities and/or expense to the taxpayer; and b)
3) The site is physically suitable for the type of develoF
because :
The proposed development will not affect any unusc
topographic or geologic features on the site;
No significant natural vegetation exists on the si
The site is physically suitable for the proposed densit development because:
Proposed dwelling units per acre do not exceed thc able maximum.
There are no significant physical features on the that would hinder development as planned.
The design of the subdivision or the imposed improvezei not likely to cause substantial environment damage or : stantially and unavoidable injure fish or wildlife or 1
habitat because:
A Negative Declaration has been issued for the prc
The design of the subdivision or the type of improveme not likely to cause serious public heaFch problems bec
Conditions of approval will insure the above.
The design of the subdivision or the type of improveme not conflict with the easements required by the public for access through or use of property within the propo
subdivision because:
a)
b)
4)
a)
b)
5)
a)
development (See No. 9 below) -
6)
a)
7)
a) Conditions of approval will insure the above.
8) The subdivision will not prohibit reasonable access to
waterways, rivers, streams, lakes, reservoirs, coastli
shorelines because:
a) The subdivision does not front on any of the abow
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9) The subject application has complied wi-th the requiremei
the Carlsbad Environmental Protection Ordinance of 1972 bseau!?e !
a) A Negative Declaration has been issued for the pro
based on the following findings:
1. The project location is within an urbanized ar
2, No significant landforms or vegetation exist o the site.
10) The proposed tentative tract map is consistent with ap City Public Facilities Policies and Ordinances because
a) The Planning Commission finds that sewer service i
available for this development as of the date of t
approval. However, sewer service may be availablE
future. The Planning Commission will by inclusior appropriate condition to this Tentative Subdivisic approval, insure that the final map will not be aF
unless the City Council finds that sewer service i available to serve the project. In addition, the
Commission will add a condition that a note be plz the final map providing that building permit may r
for lots in the subdivision unless the City Engine
termines that sewer service is available. Since t map cannot be approved unless sewer service is avz
and building cannot occur within the subdivision I sewer service remains available, the Planning Comn
is satisfied that the requirements of the public 1
ities element of the General Plan have been met ir as they apply to this Tentative Subdivision Map ax
b) All other necessary public facilities, including I
are available to serve the subject project as pro1
NOW, THEREFORE, BE IT RESOLVED by the Planning Commisz
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 consi
the applicable law, the decision of the Planning Cornmi is to approve CT 77-7! subject to the following condit
1) The approval is granted for the land described in application and any attachments thereto and as sho the plot pian submitted labeled Exhibit A, dated J
1977.
2) Park-in-lieu fees shall be paid to the City prior
approval of the final map.
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3a) This subdivision is approved on the express condi
Council finds as of the time of such approval tha service is available to serve the subdivision.
b) This subdivision is approved upon the express con that building permits or grading permits will not issued for development on the subject property un the City Engineer determines that sewer facilitie available at the time of application for such per
will continue to be available until time of occup If the City Engineer determines that sewer facili are not applicable, building permits will not be until arrangements satisfactory to the City Counc
be made to guarantee that all necessary sewer fac will be available prior to occupancy. This condi shall be noted on the final map.
that the final map shall not be approved unbea t
c) This Tentative Subdivision Map shall be subject t
further approvals as may be necessary in connecti
such plan for the allocation of sewer service amc competing uses as the City Council may adopt, If allocation plan is adopted prior to final map apE
the applicant shall satsify the requirements of s plan as a further condition of this Tentative Sul:
Map approval.
4) Additional dedication along the Highland street j
(lot 28) shall be provided prior to recordation c
final map, to the satisfaction of the City Engin6
5) All public improvements shall be installed on Va: Street, Oak Avenue, Elm Avenue and Highland Drivc
City standards except for a modified street sect: adjacent to lot 28 which would allow for the ret(
of approximately 12 mature pine trees located wii
the existing right of way. Additional right of I along lot 28 may be required to facilitate the r(
of these trees.
The applicant shall pay reimbursement fees for sc
and storm drain facilities to the satisfaction o
City Engineer, prior to recordation of the final
7) A 6' decorative, masonry wall, as approved by thl
Planning Director, shall be constructed along th
lot lines adjacent to Elm Avenue prior to the is
of final occupancy of the affected units.
6)
XXXXXXXX
xxxxxxxxx
xxxxxxxxxx
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PASSED, APPROVED AND ADOPTED at a regular meeting of tl-
City of Carlsbad Planning Commission held on June 22, 1977,
the following vote, to wit:
AYES : Commissioners Larson, Watson, Woodward, Jc
L'Heureux. '*
ABSTAIN: Commissioner Rombotis
ABSENT: Commissioner Fikes
ERIC LARSON, CHAIRlvlAN
ATTEST:
JAMES C. HAGAMAN, SECRETARY
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.5
- -Case No&,.7&..Date Rec'd: DCC Date: . PC Date
. Description of Request: mxt b&%,p m mv\ x '.2 8-3
P --QE=h)t-KVL --- Adciress or Location of Request:
-
* . .
m-1- - a&EY -, - ~L?.ALAl?! - App I -I ca t:t : ac\f 4Toc ItTor\! Engr. GI- Arch. 83 -+ qp . Tal-
-- Am Q3y LOT \cLcL, OP . az.E5%D uL.ND-3:
General Plan Lrnd Use Dzscription:
u3 d School District: C ' L5SD ~M\FIQ . -
p&gn ,fjx4t.l CLWF=7 d&FA& '~& , ~kmY~%w~Tt3 Brief Legal: P?pP_ LQT cZ\ 6
Assessor Book: 156
Existing Zone: p-\ + Z-~-JG,ooO Przsed Zone; HA-
Acres: 1 .4. . $0. of tots: -DU's
Page: 311 ,&%Q2:5 - - XL-
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