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HomeMy WebLinkAbout1980-04-01; City Council; 3484-3; Revision of tentative map Alicante HillsCITY OF CARLSBAD «• 1 •, / 8 n : **. -, • INITIAL AGENDA BILL NO. tfyTy-^dj^&QJUt^+jLttj ^3 Dept. Hd. /S/JCH * \ DATE: APRIL 1, 1980 .__ Cty. Atty. i DEPARTMENT: PLANNING Cty. Mgr./s/R : REVISION OF EXISTING TENTATIVE MAP, ALICANTE HILLS CASE NO.: CT 75-6(B) APPLICANT: LA COSTA LAND COMPANY • STATEMENT OF THE MATTER The applicant is requesting a revision to an approved tentative map to provide for phasing. The original tract map was approved as one phase; the revision is in three phases. No other modifications are being requested. The requested phasing is consistent with the number of sewer permits issued to the applicant and the existing public facilities. Through the Planning staff review and the Planning Commission hearing all concerns were satisfactorily'resolved. EXHIBITS 1. Planning Commission Resolution No. 1604 2. Staff Report dated February 27, 1980 3. Staff memorandum from Bill Hofman dated 3/4/80 -" 4. Exhibit "C" dated 1/21/76 5. Exhibit "E" dated 2/26/80 RECOMMENDATION Both the Planning Commission and Planning staff recommend that this project be APPROVED and that the City Attorney be directed to prepare documents APPROVING CT 75-6(B) as per Planning Commission Resolution No. 1603. Council Action^ 4-1-80 Council directed the City Attorney to prepare documents approving CT 75-6(B) as per Planning Commission Resolution No. 1603. 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 wit has Plai Pr°'! I rev. Ord. beei fol! 1) 2) 3) Jam by PLANNING COMMISSION RESOLUTION NO. 1604 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL TO REVISE AN EXISTING TENTATIVE MAP TO PROVIDE FOR THE PHASING OF 101 LOT SINGLE FAMILY AND 2 LOT CONDOMINIUM PROJECT, SOUTH OF ALGA ROAD, BETWEEN ALICANTE AND CADENCIA. APPLICANT: LA COSTA LAND COMPANY CASE NO: CT 75-6(B) WHEREAS, a verified application for certain property to A portion of Section 25, Township 12 South, Range 4 West, San Bernadino Meridian, San Diego County, California. 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, this project has been processed through environmental review as required in Title 19, the Environmental Protection Ordinance. An Environmental Impact Assessment (Log No. 646) has been prepared and a Negative Declaration issued based on the following justification: The project is administrative in nature, and would have no effect on any significant environmental resources. The property has been significantly modified through previous grading and roadway construction activities. The originally approved Tract Map (CT 76-5) which created the subject subdivision, received a negative declaration, finding no significant environmental impact from the proposed subdivision. WHEREAS, the Planning Commission did, on the 27th day of January, 1980, hold a duly noticed public hearing as prescribed by law to consider said request; and 3 1 2 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 .*"> WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A. That the above recitations are true and correct. B. That based on the evidence presented at the public hearing the Commission finds the following findings and conditions to exist: Findings 1) The proposed map is consistent with the General Plan because: a) The project density conforms with the Land Use Element designation of residential low-medium density, 0-4 du/acre and residential medium high density, 10-20 du/acre; and 2) The site is physically suitable for the type and density of development because: a) The subdivision has been designed recognizing the natural slope and soil constraints of the site; and b) The projects low density allows for the physical consideration of the site. 3) The proposed project has been found to have an insig- nificant adverse impact on the environment and a Negative Declaration has been filed by the Planning Director. 4) This project is consistent with all public facility policies and ordinances because: a) The Planning Commission has, by inclusion of an appropriate condition, insured that the final map for each phase shall not be approved nor shall building permits be issued unless the City Council finds that sewer service is available to serve the project. —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 Since the final map cannot be approved unless sewer service is available, the building cannot occur within the project unless sewer service remains available, the requirements of the public facilities element of the general plan have been met insofar as they apply to sewer service for this and tentative map approval. b) The proposed subdivision has been approved by the affected school districts. c) Water service will be provided by Costa Real Municipal Water District. d) Gas and electric service will be provided by SDG&E. e) All necessary on-site and adjacent public facilities would be required as per the City's Public Improvement Ordinance or as conditions of approval. f) The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. Conditions 1) Approval is granted for CT 75-6 (B) as shown on Exhibit "E" dated 2/26/80, on file in the Planning Department incorporated by reference. Development shall be substantially as shown on this exhibit unless otherwise noted in these conditions. 2. All conditions of CT 75-6 (City Council Resolution No. 3771), unless otherwise noted in CT 75-9(A) and herein, shall remain in effect and be met prior to recordation of the final map of Phase I. All conditions of CT 75-6(A) (City Council Resolution No. 3860), unless otherwise noted in CT 75-9(A) and herein, shall remain in effect and be met prior to recordation of the final map of Phase 1. 3. This subdivision is approved upon the express condition that the final map shall not be approved nor shall any building permits be issued for development' of the subject property unless the City Engineer determines that sewer facilities are available at the time of said final map approval and application for such building permits and will continue to be available until time of occupancy. If the City Engineer determines that sewer facilities are not available, the final map shall not be approved nor shall building permits be issued. -3- 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 4. Only one vehicular access point shall be allowed onto Alicante Road from Lots 1 and 2 of Phase 2 and shall be aligned with Altiva Place. A note indicating said access shall be placed on the final map. 5. Condition No. 4 of City Council Resolution No. 3860 (A) should be amended as follows : Concurrent with final map recordation of Phase I , the applicant shall dedicate Lot 1 of Phase I labeled "Park Site" and all areas designated "open space to be designated" on Exhibit E, dated 2/26/80. The park so dedicated shall be 2.9 acres in size and shall be provided across from a 20' access easement from Alga Road as shown on said Exhibit E. 6) At the time of development of condominiums on lot 1 and 2 of Phase, an application for a condominium permit and a tentative map shall be submitted to the Planning Department subject,- to the approval of the City Council. 7) The applicant shall submit a geotechnical report to the City Engineer which is subject to his approval prior to issuance of a grading permit. 8) This approval is expressly conditioned on the payment by the applicant of a public facilities fee as required by City Council Policy .No. 17, dated August 29, 1979, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee. If said fee is not paid as promised, this application will not be consistent with the general plan and the project cannot proceed and this approval shall be void. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 12th day of March, 1980, by the following vote, to wit: AYES: Schick, Marcus, Leeds, Larson NOES : None ABSENT: ABSTAIN Friestedt, Rombotis Jose ATTEST: EDWIN S. SCHICK, "J'VL , Chairman CARLSBAD PLANNING (COMMISSION JAflES C.HAGAMTpf; Sec?retary PLANNING COMMISSION —4— STAFF REPORT DATE: February 27, 1980 TO: Planning Commission FROM: Planning Department SUBJECT: CT J^ Jr2§!£AJLAND JL9. ~ Request to revise.an existing tentative map to provide for the phasing of 101 lot single family and 2 lot condominium project. BACKGROUND Description The La Costa Land Company is requesting a revision to an existing tentative map to provide for three phases as shown on Exhibit "D". Phase 1 consists of 45.single family lots, a park site, and two (2) open space lots, Phase 2 consists of'two (2) condominium lots and 10 single family lots, and Phase 3 consists of 46 single family lots. The request is made to correspond with the existing sewer allocation on the property. Existing Zoning and Land Use Zoning' Site: R-l-10 and RDM North: P-C South: P-C East: P-C West: RDM General Plan Information Land Use Vacant Vacant La Costa Golf Course San Marcos Creek Multiple Family Development Land Use Element - The land use map designates the western portion of the site as RMH (10-20 du's/ac) which corresponds to the RDM zone. The eastern 'portion is designated as RLM (0-4 du's/ac) which corresponds to the R-l-10,000 zone. This sub- division i's consistent with this element of the general plan. Publ .i c Fac i 1 itj.es El cm ejvL ^JlliS-17 ScOi£.o: 'rne Costa Real Water District will provTdcTwater service for•the project. Sew or Se_ryice_: The Leucadia County VJater District will provide sewer service to the subject property Currently, 4'6 permits have been issued to the project. This permit will expire on November 29, 1980, hence, prompting the request for phasing of the project. Schools: The project is located within the San Marco's~Unified School District. School fees will be required at the time of development of each lot. Gas and Electric: SDG&E will provide gas and electric service to the property. Street Improvements: All necessary street improve- ments can be required as per the City's Public Improvement Ordinance, or as conditions of approval. Other Public Facilities: The applicant will be required to pay public facilities fees according to City Council Policy No. 17. History and Related Cases CT 72-25 - A tentative subdivision map was approved by the City Council in May of 1973 and the final map approved in October of 1973 (No. 7784). ' ZC-167 - A zone change was approved in September, 1975 allowing a portion of the RD-M property to be rezoned to R-l-10,000, V-252 - A variance was approved in September, 1975 to allow "9~~panhandle lots. CT 7_5-6 - A tentative map was approved by the City Council in September, 1975 creating 105 lots, of which 101 were single family residential, two were multiple family and two .were open space. CT 75-6 (A) - A revision to CT 75-6 was approved by the City Council on March 9, 1976. The revision created two additional lots for open space and a park site, and eliminated a 20" wide open space easement. Environmental Impact As ses sment The Planning Department has reviewed the initial study and has field investigated the site and has found no significant adverse impacts on the environment resulting from this project. The Planning Director, therefore, has issued a Negative • Declaration, Log No. 646, on February 20, 1980. -2- c II. ANALYSIS Major Planning^ Considerationja 1. Should access be allowed onto Alicante Road from lots 1 and 2 of Phase 2? 2. Are the nine panhandle lots appropriate for this subdivision? 3. Is adequate access provided for the proposed public park site? Drscussion Since this subdivision has received tentative approval and a later approval of a revision to the tentative map, only three remaining issues need to be addressed in this report: 1) Access to Alicante Road, 2) The inordinate number of panhandle lots, and 3) Access to the proposed public park. Access to Alicante Road • • As approved, the tentative map allows vehicular access to Alicante Road from lots 1 and 2 of Phase 2. Both lots are zoned RD-M and will be developed as condo- miniums. Presently four streets enter onto Alicante Road which are within 2,000 feet of each other (Zamora Way, Altisma Way, Altiva Place, and Alfil Way). Altiva Place and Altisma Way are within 500 feet of each other. Staff feels the high number of trips generated from a condominium project and the excessive number of streets in such close proximity entering Alicante Road will create an excessive traffic burden on Alicante Road. To alleviate this situation, a condition restricting access onto Alicante Road from lots 1 and 2 of Phase 2 has been placed. Future condominium development on these lots would take access from Almaden Lane and the new cul-de-sac to the east as shown on Exhibit "D". Panhandle Lots An additional concern of staff regards the nine proposed panhandle lots. As mentioned in the History and Related Cases section, a Variance (V-252) was approved by the Planning Commission on September 10, 1975. At that time, the Commission found that there were exceptional conditions relating to the shape and topography of the site justifying the panhandle lots. Further, it was found that the property in the same vicinity and.zone has enjoyed development at the same density proposed by this project and that such lots conform to the policies arid intent of the general plan. Staff is in agreement with the findings made by the Planning Commission and therefore, recommends no changes on the revised map. . • Access to Proposed Public As mentioned, a revision to this tentative tract map added a 6.2 acre park site to the subdivision. The site was divided into three parcels as shown on Exhibit "C" (Lot 107 A -'2.3 acr.es; Lot 107 B - 0.8 acres; and 107 C - 3.1 acres). Lot 107 A was to be dedicated at the time of recordation of CT 75-6 (A), Lot 107 B was to be purchased with park in lieu fees acquired from La Costa Estates North, adjacent to the east, and Lot 107 C was to be dedicated at the time of final map recordation of the Alga Hills subdivision adjacent to the west. This arrangement occurred because at the time of this revision the city had no legal mechanism to acquire the entire park site as part of CT 75-6 (Alicante Hills). The problem with this arrangement is that, lots 107 A and 107 B have no legal access from a. public right-of-way. Staff has reviewed this matter with the City Attorney's Office and the applicant and is recommending full dedication of the 6.2 acre site. As part of the dedication, staff is recommending a condition be placed requiring adoption of a mutually acceptable agreement between the City and the La Costa Land Company establishing a park credit for future subdivision of the Alga Hills property to the west. This allows for acquisition •of the park site and creates no hardships on the applicant. Further, the park site will be a legally conforming lot, meeting all city code requirements. Recommendat ion Staff recommends APPROVAL of CT 75-6 (B) based on the following findings and subject to the following conditions: Findings •w»_-rn-.rT,r-|_Tn —* *--, W-« ^ 1) The proposed map is consistent with the General Plan because: a) The project density conforms with the Land Use Element designation of residential low-medium density, 0-4 du/acre and residential medium high density, 10-20 du/acre; and b) The project does not conflict with any element of the general plan. -4- 2) The site is physically suitable for the type and density of development because: a) The subdivision has been designed recognizing the natural slope and soil constraints of the site; and b) The projects low density allows for the physical consideration of the site. 3) The proposed project has been found to have an insig- nificant adverse impact on the environment and a Negative Declaration has been filed by the Planning Director. 4) ' This project is consistent with all public facility policies and ordinances because: a) The Planning Commission has, by inclusion of an appropriate condition, insured that the final map for each phase shall not be approved nor shall building permits be issued unless the City Council finds that sewer service is available to serve the project. Since the final -map cannot be approved unless sewer service is available, the building cannot .occur within the project unless sewer service remains available, the requirements of the public facilities element of the general plan have been met insofar as they apply to sewer service for this a,nd tentative map approval. b) The proposed subdivision has been approved by the affected school districts. c) Water service will be provided by Costa Real Municipal Water District. d) Gas and electric service will*be provided by SDG&E. e) All necessary on-site and adjacent public facilities would be required as per the City's Public Improvement Ordinance or as conditions of approval. f) At this time, all other public facilities necessary to serve this project will not be available concurrent with need. The Planning Commission has, by inclusion of an appropriate condition, required that the project contribute to the cost of such facilities. Since the development will pay for its proportionate share of the public facilities which it will require, the Planning Commission is satisfied that the requirements of the public facilities element of the general plan have been satisfied. Conditions 1. Approval is granted for CT 75-6 (B) as shown on Exhibit "D" dated 2/22/80, on file in the Planning Department incor- porated by reference. Development shall be substantially as shown on this exhibit unless otherwise noted in these conditions. 2. All conditions of CT 75-6 (City Council Resolution No. 3771), unless otherwise noted in CT 75-9 (A) and herein, shall remain in effect and be met prior to recordation of the final map of Phase I. All conditions of CT 75-6(A) (City Council Resolution No. 3860) , unless otherwise noted • in CT 75-9(A) and herein, shall remain in effect and be met prior to recordation of the final map of Phase I. 3. This subdivision is approved upon the express condition that the final map shall not be approved nor shall any building permits be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time o± said final map approval and application for such building permits and will continue to be available until time of occupancy. If the City Engineer determines that sewer facilities are not available, the final map shall not be approved nor shall building permits be issued. 4., Only one vehicular access point shall be allowed onto Alicante Road from Lots 1 and 2 of Phase 2 and shall be aligned with Altiva Place. A note indicating said access shall be placed on the final map. 5. Condition No. 4 of City Council Resolution No. 3860(A) shall be amended as follows: Concurrent with final map recordation of Phase I, the applicant shall dedicate Lot 1 of Phase I labeled "Park Site" and all areas designated "open space to be dedicated" on Exhibit D, dated 2/22/80. The park so dedicated shall be 6.2 acres in size, and its precise boundaries shall be approved by the City Council prior to final map recordation of Phase I. Further, a mutually acceptable agreement shall be reached between the applicant and the city providing park credit to the applicant for the future subdivision of Alga Hills. Said agreement shall be reached prior to recordation of .final nuip of Phase I. -6- 6) .At the time of development of condominiums on lot 1 and 2 of Phase, an application for a condominium permit and a tentative map shall be submitted to the Planning Department subject to the approval of the City Council. 7) The applicant shall submit a geotechnical report to the City Engineer which is subject to his approval prior to issuance of a grading permit. 8) . This approval is expressly conditioned on the payment by the applicant of a public facilities fee as required by City Council Policy No. 17 ,'dated August 29, 1979, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee. If said fee is not paid as promised, this application will not be ' consistent with the general plan and the project cannot proceed and this approval shall be void. 8) The proposed park site, lot 1 of Phase I (Exhibit "C", • dated 2/22/80) shall have a minimum of 20' frontage on Alga Avenue. Attachment Location Map Disclosure Form BM:ar 2/22/80 -7- LA 'A4J^A£>EHUAME- *#. I CASE NO . CT 7 £"-Date Rec'd DCC Date: 2--IV-80PC Date 2-3--?-%o. Description of Request ; AAddress or Location of Request: s-nq '-t-e^t?».ti'/ €:.-.. WA^O -tt>. . op>V''ciq- '" JA,L^S -fl^i ....Al fi Applicant ; ____ Engr. or Arch..£c,vrg , ..-_LatAcl.- .-Co Drief Legal; /\ Assessor Book: General Plan Land Use Ex i r; t i ng '/.o n o : {£- t - Acres:3 . P^erlJ - - -Parcel: M (o.-^ Proposed Zone: LC2H VJatcr' District: V.Coa.'Jt Permit Area: . Q.Sanitation District: L tA/a-y __________ DU/Acre If after Uio inlioi i«:il. jf/n you have MiLmi.Ued li,ir, been ) rv:i e',,vd, it i:; deUn nij nod tlial; Jui.Ui.--i inLoiTiat.ion is recjuj red, you will be r..o arlvj sod. APPUCA11T: Dame (jutiiv.i.dua] , ]>ar:Lnui:slu j>, joint vcnL»u:o, corporntitui, isynJicntion) • llu.-.ine.si; Aticirof.^ AGENT: . 4.3 B- «>.i n Telephone Number Rick Engineering. Coir.pnny Name . Bur.ine.ss Address MEHBEK3: 7.2.9- iJ5. Telephone Numbe Name (individual, jwrtncr, joint venture, corporation, syndication) Home Address Business Address Telephone lJui;;ber Telephone Number Name Home Address Busine.'3S Address Telephone Number Telephone Number (Attach more sheets if necessary) I/Wo declare under penalty of perjury that the information contained in this dir: closure is true arid correct ;md that it will remain true and correct and may be X'olicd upon as boiny true and correct until amended. - Applicant X DV L » A'jent, (X/IKM:, Partner Vice President MEMORANDUM DATE: March 4, 1980 TO: Frank Aleshire, City Manager FROM: Bill Kofman, Planning Department SUBJECT: CT 75-6 (B)_- La Costa Land Company - Dedication of the Alga Hills Park site. In 1976, the City Council amended CT 75-6 to provide for a 6.2 acre park site (Alga Hills Park). Because this subdivision was not a part of the parks agreement between the La Costa Land Company and the city, the entire 6.2 acre site could not be dedicated all at once. Instead, the site was divided into three parcels as shown on Exhibit "C". Lot 197(A) (2.3 acres) was to be dedicated at the time of recordation of CT 75-6(A), Lot 107(B) (0.8 acres) was to be purchased with park-in-lieu fees- acquired from the La Costa Estates North subdivision adjacent to the east, and Lot 197(C) was to be dedicated at the time of final map recordation of the Alga Hills subdivision adjacent to the west. The problem with this arrangement is that Lots 107(A) and 107(B) have no legal access from a public right-of-way. To alleviate this problem, staff and the Planning Commission are recommending dedication of a 20' access easement to Lot 107(A) from Alga Road. This easement would run along the future location of a public right- of-way to be dedicated at the time of approval of the Alga Hills subdivision to the west. Staff feels this 20' easement will provide adequate access to the park site. BH:ar 3/21/80 **$'CASEMENT TO ?.Wi*,:/PAL WATER DISTRICT l47 Q.K MATCH LINE SEE SHE Al-ICAfJTE. ttli.CS> CT 1/21/76 '