HomeMy WebLinkAbout1978-03-07; City Council; 5240-1; Subdivision on El Camino Real and Kelly DrC***CITY OF CARLSBAD
AGENDA BILL NO. 5240-Supplenient ] Initial:
Dept.Hd.
DATE: March 7, 1978 c. Atty.\)^
DEPARTMENT: City Attorney C. Mgr.
Subject: SUBDIVISION ON PROPERTY LOCATED ON THE WEST SIDE OF EL CAMINO REAL, SOUTH
OF KELLY DRIVE. CASE NO. CT 77-15, APPLICANT: KEN REYNOLDS
Statement of the Matter
The City Council at your meeting of February 21, 1978
directed the City Attorney to orepare a resolution
denying CT77-15.. The resolution in that regard is
attached. It attempts to reflect the Council's view as
to the appropriate findings of fact and conclusion in
this matter.
Exhibit
Resolution No.
Memo from City Engineer dated March 2, 1978.
Recommendation
If the City Council is satisfied that the findings of
fact are supported in the record, and that the findings
support the conclusions, then your action is to adopt
Resolution No . *5»L£_£>__ denying CT 77-15.
Council action
3-8-78 Resolution No 5330 was adopted, denying a Tentative Subdivision
Map (CT 77-15), a 40-lot single family residential subdivision
on 17-1/2 acres generally located on the south side of El Camino
Real between Kelly Drive and Hidden Valley Road.
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RESOLUTION NO. 5330
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, DENYING
TENTATIVE SUBDIVISION MAP (CT 77-15),
A 40-LOT SINGLE FAMILY RESIDENTIAL
SUBDIVISION on 17-1/2 ACRES GENERALLY
LOCATED ON THE SOUTH SIDE OF EL CAMINO
REAL BETWEEN KELLY DRIVE AND HIDDEN
VALLEY ROAD. APPLICANT: KEN REYNOLDS.
WHEREAS, on October 12, 1977 the Carlsbad City Planning
Commission adopted Resolution No. 1414 recommending to the City
Council that Tentative Subdivision Map (CT 77-15) be approved;
and
WHEREAS, on February 21, 1978 the City Council held a public
hearing on the matter, received all recommendations and heard
all persons interested in or opposed to Tentative Subdivision
Map (CT 77-15); and
WHEREAS, said Tentative Subdivision Map has been declared
to have a nonsignificant impact on the environment and a Negative
Declaration has been prepared and filed in compliance with the
requirements of the City of Carlsbad Environmental Protection
Ordinance of 1972;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
A. That the above recitations are true and correct.
B. The the City Council makes the following findings of
fact and conclusions in regard to Tentative Subdivision Map
(CT 77-15):
1. That the proposed subdivision map is not consistent
with the applicable general plan because the public
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—oo.
facilities element of the general plan requires,
before the Council may approve a subdivision, that
they receive satisfactory evidence that all necessary
public facilities and services will be available
concurrent with need. The City has no available
sewer treatment capacity and there is no prospect of
obtaining any in the foreseeable future. Therefore,
sewer service is not available to this subdivision.
The evidence submitted by the subdivider, in regards
to the suitability of septic tanks, is inadequate
for the reasons contained in the Planning Director's
memorandum to the City Manager, dated October 27, 1977,
and to the City Engineer's memorandums to the City
Manager, dated November 10, 1977 and March 2, 1978,
and because it fails to demonstrate that each lot can
in fact accommodate a septic tank. Approval of this
subdivision without evidence of that sewer service, a
necessary public facility, would violate the public
facilities element of the general plan.
2. That the design of the proposed subdivision is not
consistent with the applicable general plan because
the circulation element of the general plan requires
that subdivisions be afforded safe and adeqaate egress
and that the street pattern logically interconnect
with existing City streets. This subdivision would
create an isolated island of the residential develop-
ment with a single access onto a major arterial street.
It may not be safe due to inadequate sight distances,
and lack of traffic signal controls. Furthermore, the
internal streets are not designed so as to interconnect
with the City's street system in that they depend upon
connections to proposed developments located within
the Coastal Zone and in the Agua Hedionda Specific
Plan area. That plan and the local Coastal Program
for the area have not as yet been approved by the
City of Carlsbad or the Coastal Commission and the
development of the interconnecting streets may not be
possible.
3. The site is not physically suitable for the type of
development or for the proposed density of development
because a substantial amount of grading will be
required including the removal of most of the existing
trees and structures. The necessary improvements will
result in the intrusion of essentially a small, single
family subdivision into a rural area} In addition,
the subdivision proposes 27 lots of an area of
13,000 square feet or smaller, many of which will
consist of large areas of slopes. The subdivider
2.
Q
VINCENT F* BIONDO, 0R,CITY ATTORNEY - CITY OF CARLSB/*>
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proposes to provide sewer service to these lots
through means of a septic system. The City Council
has determined that lots should be of at least 15,000
sq. ft. in area to support a septic system. While it
may be possible to put in an initially functioning
system on the lots proposed, they lack any extra area
to accommodate new facilities in the event of failures,
which are of common occurrence. The reasons reflected
in the findings and conclusions B(l), indicate that
there is insufficient evidence that each lot in the
subdivision can be adequately served by septic systems.
The concentration of small lots and the lack of
adequate evidence that septic systems will work,
indicates that the site is not physically suitable
for the type or density of development.
C, That the City Council hereby denies approval of Tentative
Subdivision Map (CT 77-15) , pursuant to Government Code Sections
66474 (a), (b) , (c) and • (d) , for the reasons and based upon the
findings set out above,
an adjourned
PASSED, APPROVED AND ADOPTED at / regular meeting of the
' .
City Council of the City of Carlsbad on the 8th day of
March , 1978 by the following vote, to wit:
AYES: Councilmen Frazee, Lewis, Packard, Skotnicki and
Councilwoman Casler
NOES: None
ABSENT: None y/// s
A&*pe^C^[^f4
ROBERT C. FRAZEE, gtayor
ATTEST:
V7^w^>:V^W
MAROfARM1 E. ADAMS, <2ity Clerk
(SEAL)
.
3.
MEMORANDUM - March 2, 1978
TO: City Manager
FROM: City Engineer
SUBJECT: CT 77-15 - Thunderbird Ranch. Applicant: Ken Reynolds
On February 21, 1978 the City Council held a Public Hearing on the subject
Tentative Map Application. Several items were discussed at that meeting as
well as additional information supplied by the applicant which had not been
reviewed by staff.
The purpose of this memorandum is to review the new information and perhaps
clarify some of the areas of discussion at that meeting.
Three additional documents were presented at the Public Hearing by the
applicant. They include:
1) A table designating lot size data
2) A sketch showing typical seepage pit layouts, and
3) A supplemental report dated February 20, 1978 concerning
additional seepage pit tests.
The soils report indicated three additional test holes were drilled (for a
total of 6 holes) for the proposed 40 lot subdivision. Test holes were
provided on 15% of the lots, far short of the 40% required for County
Tentative Maps. While the County procedures do allow for a waiver of the
100% lot testing requirement prior to the Final Map approval, such a waiver
should not be considered in this case, nor should less than 40% of the lots
have been tested due to the recent septic system failure in the area. This
failure was recently reported to us by the County Health Department for the
"Marja Acres"commercial site north along El Camino Real (8001 south of Kelly
Drive).
In my review of the additional soil test data, it is not clear in my mind
as to why the original test boring B-l should be ignored. This is the test
boring that indicated a percolation rate of one inch per 5 minutes, "...
and indicate 4 seepage pits may be required for a 3-bedroom residence and
5 pits may be required for a 4-bedroom residence."
The applicant's statements at the Public Hearing that a test hole was dug
as close to the "failed" test hole B-l as possible does not resemble the
test hole map which indicates that the closest test hole is B-4, approxi-
mately 200 feet from B-l.
MEMO TO: City Manager -2- March 2, 1978
The soils report also hedges as to the probability of septic system
suitability for all 40 proposed lots with the statement, "No warranty
either expressed or implied, is intended as to the final number of lots
and/or lot configuration on the site."
The soils data does not convince me that the proposed 40 lot subdivision
could be supported by individual septic systems, and I am concerned that
failure of any of these systems could result in sewage flow into the Agua
Hedionda Lagoon, a major public recreation area.
Approximately two-thirds of the lots (27 out of 40) are in the 10,000 -
13,000 square feet size and include steep slope areas. In reviewing lot
size criteria for septic systems, we have determined that such lot sizes
for septic systems are generally marginal in size. Only under ideal con-
ditions would all lots in this size range meet the requirements of the
County Health Department for septic tank permits.
With regard to traffic circulation, two points should be made. First, be-
cause of the opposition voiced by the property owners adjacent to the
proposed road system, it is unlikely that the applicant will be able to
provide 42 feet of right-of-way along the boundary of the subdivision with-
out a redesign to provide all the necessary right-of-way from the subject
property. Such a redesign could possibly result in a reduction in the
number of lots. Secondly, recent public hearings regarding the Local Coastal
Plan for Agua Hedionda Lagoon raises concerns as to when and if secondary
road systems can be built in the Coastal Zone (Cannon Road to El Camino Real
and/or a collector road to the Loma Laguna subdivision). This means that
traffic circulation in the near (or long range) future may be limited to
the right turn in - right turn out access to El Camino Real, a prime arterial
roadway.
This memorandum is intended as supplemental information for the City Council,
based on items brought up at the Public Hearing on February 21, 1978.
Tim Flanagan
City Engineer
TCFrms
c: City Attorney
PWA
Jere Riddle