HomeMy WebLinkAbout1983-03-01; City Council; 7301; 148 Lot Subdivision- Mandana CorpCARLSBAD - AGENlOlLL
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TITLE: 148 uyr SUBDIVISION IN THE R-E ZONE;
ONE MILE EAST OF EL CAMINO REAL AT
WESTERN TERMINUS OF SUNNY CREEK ROAD.
CT 82-17/PUD-45 - MANDANA CORPORATION
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RECOMMENDED ACTION:
1. The staff and the Planning Commission recommend that this project be denied
since it does not meet the intent of the R-E zone
2. The Planning Commission recommends that the City Council direct staff to
amend the R-E zone so that this project could meet the intent of this zone
and, therefore, be approved.
ITEM EXPLANATION
This item is a 148 unit tentative tract map and planned unit development located
as described above and within the R-E (Rural Estates) zone. The project con-
sists of 143 buildable lots and a 9 hole golf course. The applicant is pro-
posing a P.U.D. to allow a reduction in the minimum lot area requirement of the
R-E zone and is offering a golf course as an open space trade off in return.
The Planning Commission indicated it liked the concept of the golf course dev-
elopment, however, believed the project did not meet the intent of the R-E
zone. The intent of this zone is to provide rural residential development on
large lots retaining large amounts of open space (please refer to attached R-E
zoning standards). This zone requires a 1 acre minimum lot area on flatter
sites and up to a 4 acre minimum lot area on steeper sites. The average lot
size of this project is .75 acres, far below that required under the strict
application of the R-E zone.
Staff believes the primary issue is whether the R-E zone is an appropriate zone
to have in .the City. This zone was adopted in 1978 specifically for this prop-
erty and this property is the only one in the City that is zoned R-E.
The alternatives for the Council are:
1. Deny the project since it does not meet the intent of the R-E
zone;
2. Change the zone on the property;
3. Direct staff to amend the R-E zone so that projects such as this could
be approved; and
4. Approve the project by finding that it meets the intent of the R-E zone
by the use of a planned unit development application.
The Planning Commission is recommending Alternative 3 as listed above.
ENVIRONMENTAL REVIEW
Although a negative declaration was approved by the Land Use Planning Manager on
August 2, 1982, it has not been approved by the Planning Commission since the
Commission denied the project.
PAGE 2 Of AB # *7 3° I
FISCAL IMPACTS
If the City Council decides to approve this project, then the applicant will
provide all required public improvements to the project. Also, the applicant
has agreed to pay a public facilities fee to offset the costs of providing all
other exhibits.
EXHIBITS
1. PC Resolution No. 2071
2. Copy of R-E Zone
3. Copy of Reduced Map
4. Staff Report dated January 26, 1983
5. Exhibit "A" dated November 3, 1982 (wall exhibit at meeting)
PLANNING COMMISSION RESOLUTION NO. 2071
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING DENIAL
WITHOUT PREJUDICE OF A 148-LOT TENTATIVE TRACT
MAP AND PLANNED UNIT DEVELOPMENT ON PROPERTY
GENERALLY LOCATED APPROXIMATELY ONE MILE EAST
OF EL CAMINO REAL AT THE EASTERN TERMINUS OF
SUNNY CREEK ROAD IN THE R-E ZONE AND REFERRED
TO AS THE "TOOTSIE K RANCH" PROPERTY.
APPLICANT: MANDANA CORPORATION
CASE NO; CT 82-17/PUD-46
7 WHEREAS, a verified application for certain property, to
8 wit;
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A portion of Lot "B" of Rancho Agua Hedionda, County of
San Diego, per Map No. 823, filed November 16, 1896.10
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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 Planning Commission did, on the 26th day of
January, 1983, and on the 9th day of February, 1983, hold a duly
noticed public hearing as prescribed by law, to consider said
request; and
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 and Planned Unit Development;
23 |and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
(A) That the foregoing recitations are true and correct.
(B) That based on evidence presented at the public hearing, the
Commission recommends denial without prejudice of
CT 82-17/PUD-46, based on the following findings:
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Findings;
1. That the proposed project does not meet the purpose and intent
of the R-E zone for the following reasons:
a. The proposed residential development is not in harmony with
the natural terrain and wildlife given the amount of
grading and alteration of the site to accommodate a golf
course development with lots that are less in size than the
minimum required by the R-E zone.
b. Where feasible, the development has not left large open
areas between future structures as could be accomplished if
the development met the minimum lot size standard of the
R-E zone.
c. Where feasible, the development has not retained incidental
and compatible agricultural uses.
2. The proposed project does not meet the requirements of Section
21.09.110 (minimum lot area) and the design of the project does
not justify the reduction of these standards for the reasons
stated in the staff report.
3. The project does not meet the subdivision standards of the
R-E zone as stated in Section 21.09.150. Specifically,
a. As designed, the project does not preserve the rural and
natural character of the area as required by the R-E zone.
b. As designed, the orientation of the improvements of the
site does not relate to the natural topography and the
property lines are not designed in keeping with the terrair
due to the grading and alteration of the site necessitated
by the proposed golf course and the graded lots adjacent t<
the golf course.
c. Where practicable, grading has not been minimized since
1,000,000 cubic yards is proposed which is equivalent to
5,160 cubic yards per acre. This amount is typical of a
standard single family subdivision and is excessive for a
rural-estate, large lot subdivision as provided for by the
R-E zone.
4. The project does not meet the requirements of Section 21.09.17C
(covenants, conditions and restrictions) of the R-E zone
because the applicant has not submitted the proposed private
C.C.&R's which at a minimum must include the following
provisions:
a. Lots in the R-E zone shall not be further subdivided;
b. Minimum floor area of dwelling units shall meet the R-E
zoning requirements;
c. Provisions for the maintenance of private property,
streets, trails, and recreation and open areas shall be
included;
d. The City shall be a party to the C.C.& R's.
5. The Planning Commission finds the concept of a golf course
PC RESO NO. 2071 .2
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subdivision is appropriate for this site and that the Commis-
sion could support such a project at this site if the R-E zone
is amended to provide for same for the following reasons:
a) The project would allow an estate-type community similar to
the Rancheros project already approved by the City.
b) The project represents a more viable estate setting than
some plans that might be presented under the R-E zone.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on the
9th day of February, 1983, by the following vote, to wit:
AYES: Chairman Schlehuber, Commissioners Rombotis,
Farrow, Jose and Friestedt.
NOES: Commissioner Marcus.
ABSENT: None.
ABSTAIN: Commissioner Rawlins.
CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMILLER
Land Use Planning Manager
PC RESO NO. 2071 .3
£V.HIC?»T B /*£ ^Jl.09.010 —21.09.020
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Chapter 21.09
R-E RURAL RESIDENTIAL ESTATE ZONE -
Sections;
21.09.010 Intent and purpose.
21.09.020 Permitted uses.
21.09.030 Permitted accessory uses and structures.
21.09.040 Uses and structures permitted by conditional
use permit.
21.09.050 District requirements.
21.09.060 Storage requirements.
21.09.070 Building height.
21.09.075 Fire-retardant roof required.
21.09.080 Front yard.
21.09.090 Side yard.
21.09.100 Placement of buildings.
21.09.110 Minimum lot area.
21.09.120 Lot width.
21.09.130 Lot coverage.
21.09.140 Parking.
21.09.150."subdivision of land
21.09.160 Modifications of public improvements.
21.09.170 Covenants, conditions and restrictions.
21.09.180 Findings required for rezoning or resub-
division to a more intensive use.
- 21.09.190 Development standards. • •
21.09.010 Intent and purpose. The intent of the R-E
zone is to provide a residential area in harmony with the
natural terrain and wildlife. Where feasible or desirable,
there are to be large open areas between structures, large
yards and areas left in a natural setting. The zones shall
be limited to single-family.development, with incidental
and compatible agricultural uses. Public facilities shall
be sufficient to provide for convenience and safety, but
need not meet full city standards. (Ord. 9498 §4(part),
1978) .
21.09.020 Permitted uses. In an R-E rural residential
estate zone, only the following uses are permitted, subject
to the provisions of this chapter, and to the development
standards provided in Chapters 21.41 and 21.44:
(1) One one-feimily dwelling unit per lot;
(2) Grazing of ruminant animals, provided that there
is a minimum of ten acres of land used exclusively for such
grazing and the number of horses and cattle does not exceed
four per acre, or small animals, such -as goats and sheen, doe;
jiot exceed twelve per acre. For combining of animals, one
large animal is equivalent to three small animals;
364-3 (Carlsbad 12/81)
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21.09.030
(3) Crop production;
(4) Floriculture;
(5) Mobile homes certified .under the National Mobile-
home Construction and Safety Standards Act of 1974 (42
U.S.C. Section 5401 et seq.) on £i foundation system pursuant
to Section 18551 of the State Health and Safety Code*. (Ord.
9599 §l(part), 1981; Ord. 9498 §4(part), 1978).
21.09.030 Permitted accessory uses and structures. If
a one-family dwelling unit exists on a lot, the foTTowing ac-
cessory uses and structures are permitted on such lot on the
same terms as the permitted uses specified in Section 21.09.020
•(1) Horses and other grazing animals, provided that such
animals shall not exceed one for each twenty thousand square
feet of land specifically designated for such animal;
(2) Youth farm projects that are sponsored by nonprofit
organizations such as 4-H;
(3) Barns, private garages, playhouses, windmills, silos,
radio and television receiving antennas, stables and other
similar accessory uses required for the conduct of the per-
mitted uses;
(4) Greenhouses less than two thousand square feet, pro-
vided all requirements for yards, setbacks and height are
rrtet;
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364-3a (Carlsbad 12/81)
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(5) Poultry, rabbits, chinchillas and other small
animals, provided that all such animals shall at all times
be confined to an enclosure, and that not more than twenty-
five of any one animal or combination of such animals may
be maintained at any time on any single lot;
(6) Maintaining mail address for commercial and busi-
ness license purposes only; provided no stock in trade,
supplies, professional eqiupment, apparatus or business
equipment, except such as are accessory to a permitted use,
are kept on the premises; and provided that no employees or
assistants are engaged for services on the premises except
in connection with uses specifically listed as permissible in
this chapter; provided, further, that no more than one motor
vehicle may contain equipment, tools and stock in trade
maintained therein, provided such tools and equipment are not
used for the performance of services upon the premises and
the stock in trade is not sold from the premises. (Ord. 9502
§6, 1978; Ord. 9498 §4(part), 1978).
21.09.040 Uses and structures permitted by conditional
use permit. Subject to the provisions of Chapter 21.50, the
following uses and structures are permitted by conditional
use permit:
(1) Apiary, provided that all hives or boxes housing
bees shall be placed at least four hundred feet from any
street, school, park, residential zone, or dwelling or
.place of human habitation other than that occupied by the
owner or caretaker of the apiary;
(2) Commercial stables and/or horse-boarding facilities;
(3) Greenhouse greater than two-thousand square feet,
provided all requirements for yards, setbacks and height
are met;
(4) Nurseries, both wholesale and retail;
(5) Poultry, rabbits, chinchillas and other small
animals in excess of twenty-five of any one animal or combina-
tion of such animals;
(6) Produce stands, for the sale of produce raised on
the site. (Ord. 9498 §4(part), 1978).
21.09.050 District requirements. The R-E zone shall
not be applied to any area of less than ten acres of contiguous
land. Property separated by a public stre-et shall be con-
sidered contiguous if more than one hundred feet of frontage
is on direct opposite sides of the street. (Ord. 9498 §4
(part), 1978) .
21.09.060 Storage requirements. Storage of all equip-
ment, supplies and recreation vehicles shall be within en-
closed buildings or shall be shielded from view from public
streets or easements by landscape barrier or other methods.
(Ord. 9498 §4(part), 1978).
364-4 (Carlsbad 7/15/78)r
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21.09.070 Building height. No building in the R-E
zone shall exceed a height of thirty-five feet. (Ord. 9498
§4(part), 1978).
21.09.075 Fire-retardant roof required. All buildings
in the R-E zone shall be constructed with a fire-retardant
roof covering, as defined in Section 3203 (e) of the 1976
edition of the Uniform Building Code. (Ord. 9498 §4 (part) ,
1978).
21.09.080 Front yard. Every lot in the R-E zone
shall have a front yard which has a depth of not less than
seventy feet. Buildings or structures may occupy a portion
of the front yard, as follows:
(1) Fences of wood or wood and masonry combination,
chain link or equal quality, not to exceed five feet in height,
provided the fence is at least fifty percent open and is
located at least ten feet from the front property line;
(2) Roofed shelter for animals, open on at least three
sides, provided it is located at least twenty feet from any
property line fronting on a public street or easement;
(3) The planning commission may approve the construction
of dwellings and garages provided they are located at least
twenty feet from the street property line in cases where
the difference in elevation of the required front yard
setback line and the center line of the street exceed fifteen
feet. Application for such reduction in required front
yard setback shall be made by site development' plan, as
provided in Chapter 21.06. (Ord. 9498 §4(part), 1978).
21.09.090 Side yard. In an R-E zone, an interior
side yard shall not be less~~than fifteen feet in width and
street side yard shall not be less than fifty feet in width.
The planning commission may approve the construction of
dwellings and garages, provided they are located at least
twenty feet from the street side yard property line in
cases where the difference in elevation of the required
street side yard setback line and the center line of the
street exceeds ten feet. Application for such reduction in
required street side yard setback shall be made by site
development plan as provided in Chapter 21.06. (Ord. 9498
§4(part), 1978).
21.09.100 Placement of buildings. Placement of build-
.ings on any lot shall conform to the following:
(1) Except as permitted by Sections 21.09.080 and
21.09.090, no building shall occupy any portion of a required
yard.
(2) Any building, any portion of which is used for human
habitation, shall observe a distance from any rear property
line the equivalent of twice the required interior side
yard.
364-5 (Carlsbad 7/15/78)
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21.09.110
(3) The distance between buildings used for human
habitation and detached accessory buildings shall not be
less than ten feet.
(4) The keeping of all domestic animals provided for
in this chapter shall conform to all other provisions of
law governing the samer and no pen, coop, stable or barn
shall be erected within forty feet of any building used for
human habitation or within twenty-five feet of any property
line.
(5) A building permit for a dwelling unit to be located
further than five hundred feet from a fire hydrant shall not
be issued without the approval of the fire chief. The
fire chief may require the installation of additional safety
equipment, including fire hydrants or stand pipes, as a
condition of such approval. (Ord. 9498 §4(part), 1978).
21.09.110 Minimum lot area. The minimum required area
of a lot in the R-E zone shall be determined by average
natural slope of each lot proposed for the property. In no
case shall a lot be created with an area of less than one
acre. The area of a lot shall be determined by the applica-
tion of the following formula:
(1) Lot area requirements shall be as follows :
Average Natural Slope Minimum Lot Size
0% to 12.5% 1, acre
12.5% to 20% 2 acres
20% to 25% 3 acres
Over 25% 4 acres.
(2) Average natural slope shall be determined when the
property is subdivided. The subdivision map shall indicate
the proposed boundaries of each lot and the natural slope
of each lot. To calculate average natural slope, the subdivi-
sion map shall be drawn to an appropriate scale (not greater
than one inch equals two hundred feet) and contain contour
intervals not greater than five feet. Computation of the
average natural slope shall be done using the following
formula:
S = 0.00229 X I X L
A
where:S = Average natural slope in percent
I = Contour interval in feet
L = Length of contour in feet
A = Acres of area being measured
0.00229 = Constant which converts square feet into acres and
expresses slope in percent.
364-6 (Carlsbad 7/15/78)
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21.09.120
The average natural slope shall be certified by a registered
civil engineer.
(3) When the subdivision is approved and recorded, the
lot areas contained therein shall be a part of the zoning
restrictions imposed on the subject property by this chapter.
(Ord. 9498 §4 (part) , 1978).
21.09.120 Lot width. (1) In the R-E zone, every lot
created shall have a minimum lot width of one hundred feet.
(2) The city council, for major subdivisions or minor
subdivisons on appeal, and the planning commission for minor
subdivisions, may approve panhandle or flagshaped lots where
the lot area width and yards shall be measured as follows:
(A) The buildable portion of the lot, which is the
total area minus that portion containing the access portion
(handle) , shall meet the minimum area requirements of the
R-E zone.
(B) The width requirement for the buildable portion
of the lot shall be as required for lots in the R-E zone.
(C) The yard requirements of the R-E zone shall be
met, except that front yard setbacks may be reduced to thirty
feet.
(D) The minimum width of the access portion shall
be twenty-four feet, except where the access portion is ad-
jacent to the same portion of another such lot, in which
case the required minimum width shall be fifteen feet, pro-
vided a joint easement ensuring common access o.f a minimum
width of thirty feet to both such portions is recorded.
(E) An improved driveway shall be provided within
the access portion of the lot from a public street or public
easement to the parking area on the buildable portion of
the lot which is at least fourteen feet wide for single lots
and twenty feet wide when serving more than one lot. The
minimum overhead clearance shall be ten feet. The driveway
shall be constructed of two-inch-thick asphalt concrete
paving on a proper base with rolled edges.
(F) Each lot shall have at least three nontandem
parking spaces, with an approach not less than twenty- four
feet in length, with proper turnaround space to permit
complete turnaround for forward access to the street. This
parking and access arrangement shall be designated to the
satisfaction of the planning director.
(G) Structures permitted in the access portion of
the lot shall be limited to mailboxes, fences, gates, trash
enclosures, landscape containers and nameplates. Except
for mailboxes, these structues shall not be greater than
forty-two inches in height if located within twenty feet of
the street property line or greater than six feet in height
beyond this point.
364-7 (Carlsbad 7/15/78)
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,,09.130 — 21.09.150
(H) The property owner of such a lot shall agree to
r hold the city or any other public service agency harmless from
-•- liability for any damage to the driveway when being used to
perform a public service. (Ord. 9498 §4(part), 1978).
21.09.130 Lot coverage. All buildings including acces-
sory buildings and structures, excluding greenhouses, shall
not cover more than twenty percent of the area of the lot.
(Ord. 9498 §4(part), 1978).
21.09.140 Parking. Notwithstanding parking requirements
of Chapter 21.44, not fewer than two off-street parking spaces
shall be provided for each residence. The required two spaces
shall be covered by a garage or carport, and the driveway
adequately paved with either concrete or asphalt cement pre-
pared over adequate base. (Ord. 9498 §4 (part) , 1978) .
21.09.150 Subdivision of land. The subdivision of land
in the R-E zone shall be subject to the following:
(1) Subdivisions shall be subject to all provisions of
the city's subdivision regulations (Title 20), except as
specified in Section 21.09.160.
(2) In addition, the city council will review the tenta-
tive map for compliance with the intent and purpose of the
R-E zone and with the following standards:
(A) Preservation of the rural and natural character-
f . istics of the area within the R-E zone;
^- . (B) That the orientation of improvements on the in-
dividual sites to relate with the natural topography;
(C) Property lines shall be designed in keeping with
the terrain by following natural drainage courses, ridge lines
and tops of graded slopes, wherever practicable;
(D) Grading shall be minimized but, where grading is
necessary, it is to blend with the natural topography wherever
practicable;
(E) Favorable features of the individual sites (i.e.,
mature trees and other significant vegetation, rock outcrcp-
pings, mounds, view, etc.) can be preserved and maximized;
(F) The individual sites will have a desirable visual
appearance from all practical view points, adjoining develop-
ments, streets, trails and other view corridors;
(G) Each lot of the subdivision is buildable with
usable access without undue alteration of the terrain.
(3) To facilitate this review, the applicant shall sub-
mit a preliminary grading plan to the city with the tentative
map. The preliminary grading plan shall show existing topog-
raphy, preliminary grading, drainage, drives, building pads,
streets and trails. In addition, the preliminary grading plans
shall indicate all areas of mature trees and native perennial
vegetation.
364-8 (Carlsbad 4/15/79)
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(4) In addition to the findings required by Title 20
and the Subdivision Map Act, the city council must also find
f that a subdivision is consistent with the requirements of
this section. Failure of a subdivision to meet the standards
of this section shall be grounds for denial. (Ord. 9498
§4(part), 1978) .
21.09.160 Modifications of public improvements. (a)
All public facilities, dedications and improvements shall
be required in accord with this code and adopted policies and
standards of the city; however, as hereinafter provided, the
city council may modify certain special public improvement
standards provided the design of these modified improvements
is related to the function, topography and needs of the area.
Any such modifications shall be reflected as conditions of
approval to a tentative subdivision map.
(b) Street improvements and dedications for streets in-
side subdivisions may be modified as follows:
(1) Right-of-way for streets may be reduced provided
that they not be reduced to less than forty feet.
(2) Parking lane may be deleted on one side of streets.
(3) Pavement width may be reduced on streets serving
eight or fewer units to twenty-eight feet of parking on one
side, or thirty-two feet of parking on both sides.
(4) Pavement width may be reduced on streets serving .
more than eight units to thirty feet of parking on one side,
or thirty-six feet of parking on both sides. .
r" (5) All or part of the required sidewalks, curbs,
gutters or drainage structures may be waived or modified if
it is found that such improvements are unwarranted and would
distract from the rural character of the area. If such require-
ments are waived, the city engineer may require that drainage
easements and/or drainage releases be made part of the tract
map to ensure proper drainage over private property.
(6) Horizontal and vertical alignment standards may
be modified or waived to reduce grading. In such cases,
an adequate right-of-way shall be provided to accommodate
possible future corrections to meet city standards.
(7) The city council shall have the option of requir-
ing that street right-of-way be privately maintained under
a. property owners! association' or may accept an offer of dedi-
cation. If privately owned, the streets shall be open to the
public by easement.
(c) Public sewer systems shall be required to serve each
lot in the R-E zone unless specifically waived by the city
council. Such waiver shall be conditioned on the installation
of an alternative sewer disposal system permitted by this code
and found by the city council to be feasible for each lot.
The determination of the adequacy of such alternate system shall
be based on deta-iled soils testing on each existing or proposed
lot as provided for by the county health department.
364-9 (Carlsbad 7/15/78)
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21.09.170 — 21.09.190
If an alternate system is approved, the subdivider shall
prepare plans for a future public sewer system as a backup
system. Dedication of all easements necessary to construct
such a backup public'sewer system shall be required as a
condition of final map approval.
(d) Any modification pursuant to this section shall
not relieve the subdivider from providing public facilities,
dedications and improvements that also provide services neces-
sary for tne welfare of the general public, as required by the
general plan, applicable specific plans or city ordinances or
policies. (Ord. 9498 §4(part), 1978).
21.09.170 Covenants, conditions and restrictions. The
filing of a tentative map in an R-E zone shall include the sub-
mittal of proposed private deed covenants, conditions and re-
strictions. As a minimum these documents shall include the
following provisions:
(1) Lots in the R-E zone may not be resubdivided.
(2) Minimum floor area for dwelling units shall be
included. ,
(3) Provisions for the maintenance of private property,
including private streets, pedestrian and equestrian trails
and open areas, are in a manner consistent with the purposes
of this zone.
(4) The city shall be a party.
(5) The covenants, conditions and restrictions may not
be amended without the approval of the city council. They
must be approved by the city council prior to approval of
the final map and they must be recorded. (Ord. 9498 §4
(part) , 1978) .
21.09.180 Findings reqiiired for rezoning or resubdivi-
sion to a morG intensive use. Once an R-E zone has been
adopted and subdivisions have occurred under the provisions
of this chapter, no rezoning or resubdivision to a more in-
tensive use may be granted on any lot without a finding by
the city council, in addition to all other findings required
by lav;, that an improvement district has been formed which
will provide for the financing of the improvements necessary
to bring all public improvements, on and off site, to full
city standards and specifications applicable at the time
of such rezoning, or that said improvements have otherwise
been'provided. This restriction shall be made a part of the
covenants, conditions and restrictions required by Section
21.09.170. (Ord. 9498 §4 (.part) , 1978).
2JL. 09 .190 Development_standards . No one-family dwelling
unit,"whether it be conventionally built, modular or a mobile,
home, shall be located on a lot in this zone unless such dwell-
ing unit complies with the following development standards:
364-10 (Carlsbad 12/31)
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21.10.010
(1) Each dwelling unit shall have a two-car garage,
which is architecturally integrated with and has an exterior
similar to the dwelling unit. Such garage shall have a
minimum dimension of twenty feet square.
(2) All dwelling units shall have a permanent foundation.
For mobile homes a foundation system installed pursuant to
Section 18551 of the State Health and Safety Code shall
Scitisfy the requirements of this, section.
(3) Exterior siding material shall be stucco, masonry,
wood or l.rick unless an alternative exterior material is
approved by the planning director. The planning director
may approve a siding material other than those listed in this
section only if he finds that use of such material is in
harmony with other dwelling units in the neighborhood.
(4) All roofs shall have a pitch of at least three
inches in twenty inches unless another pitch is approved by
the planning director. No roof shall be made of corrugated,
extruded or stamped metal.
(5) All dwelling units shall have a minimum width of
twenty feet. (Ord. 8599 §l(part), 1981).
Chapter 21.10
R-l ONE-FAMILY RESIDENTIAL ZONE
• »
Sections: •
21.10.010 Permitted uses.
21.10.020 Building height.
""21.10.030 Front yards.
21.10.040 Side yards. .
21.10.050 Placement of buildings.
21.10.060 Minimum lot area.
21.10.070 Lot area per dwelling.
21.10.080 Lot width".
21.10.090 Lot coverage.
21.10.100 Development standards.
21.10.010 Permitted uses. In an R-l zone, the following
uses only are permitted and as hereinafter specifically
provided and allowed by this chapter subject to the provisions
of Chapter 21.44 governing off-street parking requirements:
(1) One-family dwellings;
(2) Accessory buildings and structures, including pri-
vate garages to accommodate not more than three cars;
(3) Greenhouses less than two thousand square feet in
area. Greenhouses greater than two thousand square feet are
permitted by approved conditional use permit only. In
either instance, all requirements for yard setback and height
shall be met;
365 (Carlsbad 12/81)
OF CARLSBAD TRACING. 82-07
APP ATION SUBMITTAL DATE:
JUL>*A6, 1982
STAFF REPORT
DATE: January 26, 1983
TO: Planning Commission
FROM: Land Use Planning Office
SUBJECT: CT 82-17/PUD-46 - MANDANA CORPORATION - Request for a
148-lot subdivision located approximately one mile east
of El Camino Real at the eastern terminus of Sunny Creek
Road in the R-E zone.
I. RECOMMENDATION
It is recommended that the Planning Commission take no action on
the Negative Declaration issued by the Land Use Planning Manager
and ADOPT Resolution No. 2071 recommending DENIAL to the City
Council of CT 82-17/PUD-46, based on the findings contained
therein.
II. PROJECT DESCRIPTION
The applicant requests approval of a 148-unit tentative tract map
and planned unit development on a 194-acre property located as
described above. This property is also known as the "Tootsie K
Ranch" property. Of the 148 lots, 143 would be for custom single
family homes, two would be for a nine-hole "executive" golf
course, two for open space and one for a recreation center
(please refer to Exhibit "A"). Four and one-half acres of the
property comprising four custom single family lots are detached
from the bulk of the property and are located 400 feet to the
west.
The applicant is processing under the Planned Development
Ordinance to allow for the creation of lots that are less in area
than required by the R-E (residential estate) zone.
The property is remotely located and' no public streets serve it
at the present time. The extension of "A" Street westward to
future College Avenue and the extension of "B" Street northward
to future Cannon Avenue are proposed to provide access to the
property.
The property is presently being used for agriculture and is
characterized by hilly terrain. Several gullies run north to
south through the property. Approximately 1,000,000 cubic yards
of grading will be required to create the building pads and golf
course. The custom lots along the periphery of the property
would be left in their natural state and individual pads would be
created at the time these lots develop.
17
III. ANALYSIS
Planning Issues
1. Does the design and do the amenities of the project justify
the reduction of the R-E zoning standards?
Discussion
The intent and purpose of the R-E zone is to provide for large
residential lots in harmony with the natural terrain and
wildlife. Such development is meant to create a rural environ-
ment maintaining large natural open spaces between structures and
retaining agriculture when feasible. In keeping with this
purpose, the zone requires a minimum one-acre lot size which
increases up to a four-acre minimum lot size depending on the
slope of the property (please see page 364-3 of attached Exhibit
"B").
In addition, this zone has established standards for setbacks,
street improvements and grading which are intended to preserve
the rural character of property having this zone. Also, specific
findings are required to be made prior to the approval of any
subdivision in this zone which ensure the preservation of the
natural terrain and rural character of the property.
The R-E zone was established in 1978 specifically for the subject
property. It is the only property in the city zoned R-E at the
present time. The site's gently rolling topography, agricultural
uses, and rural character were the primary reasons for the
establishment of this zone on this site.
The applicant proposes a 148-unit subdivision which includes a
48-acre "executive" golf course and an 8.1-acre tennis facility.
The average lot area of the custom single family lots is .75
acre; the minimum lot size is .35 acre. The applicant believes
the golf course amenity is an adequate trade-off for the reduced
lot sizes of the subdivision.
When this project was first submitted to the Land Use Planning
Office, staff indicated that reduced lot sizes may be feasible in
this zone if adequate open space provisions were made and if the
rural character of the property was maintained. Staff provided
the applicant with minimum criteria relating to lot size with
which staff could support the project. Staff could support the
golf course concept and reduced lot sizes for lots which front
directly onto the golf course. This is because the open space
provided by the golf course would be a trade-off for the private
open space that would normally be provided by the R-E zone.
Also, staff indicated that they could support a 30,000 square-
foot minimum lot size for lots across a street from the golf
course which have unimpeded views of the golf course. This would
only be supported if all other lots in the subdivision were a
-2-
minimum one acre (43,560 square feet) in size, met all standards
of the R-E zone, and a rural character was maintained throughout
the development.
The proposed subdivision does not meet this criteria. Of the 143
custom lots, 72 are neither adjacent to or have visual access to
the golf course. Of these, 28 do not meet the minimum one-acre
lot size required by the R-E zone. This is 40% of the total and
their average lot size is .77 acre.
Staff believes the subdivision seriously circumvents the intent
and purpose of the R-E zone. At build out, it is staff's opinion
that a rural environment characterized by large lots and open
spaces that are integrated with the existing topography will not
be achieved.
The issue becomes one of policy. Does the Planning Commission
feel the original intent of the R-E zone is still pertinent? If
so, staff would recommend denial of this project. If not, staff
suggests that the R-E zone be either amended or abolished to
accommodate a development which the Commission believes to be
more applicable to this property.
From a land use point of view, staff believes there is a need to
preserve areas for rural estate development in the city. This
property is one of the few remaining in Carlsbad where this type
of development can still be achieved. The original intent of
applying the zone in 1978 is still pertinent today and staff
would recommend that the Planning Commission deny this project
and direct the applicant to develop the property more in keeping
with the purpose of the R-E zone.
IV. ENVIRONMENTAL REVIEW
The Land Use Planning Manager has determined that this project
will not cause any significant environmental impacts and,
therefore, has issued a Negative Declaration on August 2, 1982.
ATTACHMENTS
1. P.C. Resolution No. 2071
2. Location Map
3. Background Data Sheet
4. Exhibit "B" (R-E Zoning Ordinance)
5. Environmental Documents
6. Disclosure Statement
7. Exhibit "A", dated November 3, 1982
BH:kb
1/19/83
-3-
n
LOtfATIO
Rancho
Carlsb
SUNNY
CREEK
OAD
CASE JVJO. CT 82-17/PUD-46
APP1 IftAMT.. MANDANA CORP
BACKGROUND DATA SHEET
CASE NO: CT 82-17/PUD-46
APPLICANT: Mandana Corporation
REQUEST AND LOCATION: 148-lot subdivision (PUD to allow reduced lot sizes)
approximately 1 mile east of El Camino Real, at east end of Sunny Creek Road.
LEGAL DESCRIPTION: A portion of Lot B of Rancho Agua Hedionda, Map No. 823,
November 16, 1896. APN; 209-070-07
Acres 194 Proposed No. of Lots/Units 148/143 custom single family lots
GENERAL PLAN AND ZONING
Land Use Designation RL
Density Allowed 0-1.5 Density Proposed .74
Existing Zone R-E Proposed Zone '_
Surrounding Zoning and Land Use:
Zoning Land Use
Site R-E Agriculture
North R-A-10,000 Agriculture
South O-S & R-A-10,000 S.F.R. & Vacant
East O-S S.F.R.
West R-A-10,000 S.F.R.
PUBLIC FACILITIES
School District. Carlsbad Water Carlsbad Sewer Carlsbad EDU's
Public Facilities Fee Agreement, dated July 12, 1982
ENVIRONMENTAL IMPACT ASSESSMENT
X Negative Declaration, issued August 7, 1982
E.I.R. Certified, dated
Other,
DEVELOPMENTAL Pf^Wtft 1200 ELM AVENUE
SERVICES filial CARLSBAD, CALIFORNIA 92008
D Assistant City Manager
(714) 438-5596
D K?4n398.558
2
p
5
artment Citp of Carlsbab
D Engineering Department
(714) 438-5541
D Housing & Redevelopment Department
3096 Harding St.
(714)438-5611
Planning Department
(714) 438-5591
NEGATIVE DECLARATION
PROJECT ADDRESS/LOCATION: Approximately 1.5 miles north of the
intersection of Palomar Airoort Road and El Camino Real.
PROJECT DESCRIPTION: Tentative Tract Map and Planned Unit
Development for 151 lot/146 unit project. Construction of the
proposed project will require approximately 1,001,000 cubic yards of
grading. The project has been designed to incorporate the mitigation
measures suggested by a previously certified Environmental Impact
Report which was prepared for the annexation and zoning of this site.
The City of Carlsbad has conducted an environmental review of the
above described project pursuant to the Guidelines for Implementation
of the California Environmental Quality Act and the Environmental
Protection Ordinance of the City of Carlsbad. As a result of said
review, a Negative Declaration (declaration that the project will not
have a significant impact on the environment) is hereby issued for the
subject project. Justification for this action is on file in the
Planning Department.
A copy of the Negative Declaration with supportive documents is on
file in the Planning Department, City Hall, 1200 Elm Avenue, Carlsbad,
CA. 92008. Comments from the public are invited. Please submit
comments in writing to the Planning Department within ten (10) days of
date of issuance.
DATED: August 2, 1982
MICHAEL J/TlOLZMl^ER
CASE NO: CT 82-17/PUD-46 Land Use Planning Manager
APPLICANT: Mandana Corporation
PUBLISH DATE: August 7, 1982
ND-4
5/81
If r.Itar the information you have submitted, has been reviewed, it is
- -.at further information i^ required, you will be so adv^ d.
APPLICANT: Mandana Corporation
Name (individual, partnership, joint venture, corporation, syndication)
18552 MacArthur Blvd. , Irvine, ~CA ,92715 • .
Business Address ' •
C714) 851-6315
- . " . Telephcas Number '.
AGENT: Tf Aarteprorgo.ra_tioji_
2956 Roosevelt St./ Carlsbad, CA 92008 '
Business Address
Telephone Kuiuber
MEMBERS?
Nsine "(individual, partner, joint: _ . . Home £ddr&ss
venture, corporation, syndication) •
18552 MacArthur Bl_yd_..^llrvine ,^CA J2715 _
Business Address
(714) 851-6315 '
Telephone Nuabar • 'Telephone Number
Jerald D. White • ' . -
Nassa ... . . . Home ?iddr&ss
c/o Mandana Corp. . • •
18552 _ManArhhur Blizd^^^IrvinQ, CA 92715 _,J
Business
. Teiephor:s Nimbor . • . Telephone i;ur,iber
•'-..' 18552 MacArthur :Blvd.-
^Arthur T. Ammon _ Irvine, CA^ .927J-5'
Robert Sonneborn «
I ' . (Attach mox'e sheets if necessary)
I/We dsclazo under penalty of porjury thiit the information contciined in thin dis-
closure is true end correct and that it will remain true and correct and may be1
relied upon as being true and correct until amended. '
BEST
Applicant
Received
Mondcifici Corporation ^ 001121992
H T 7>7( 0 CITY OF, CARLSBAD
MINUTES OF ORGANIZATIONAL MEETING OF
INCORPORATCTR AND BOARD OF DIRECTORS OF
MANDANA CORPORATION
The following were appointed to serve as the Board of Firectors and to serve
as the officers of the corporation:
President: MOHAMMAD H. SHASHAANI
Vice-President: AKBAR GHAHREMANI
Vice-President: BATOUL M. SHASHAANI
Secretary: BAGHER AMIRVAND
Treasurer: BATOUL M. SHASHAANI
Chairman: GHASEM TAVAKOLIZADEH
The original Articles of Incorporation of the corporation had been filed
on August 14,1981.
18552 MocRrthur Blvd. • Suite 341 • Irvine. Cfl 92715 • 714 / 851 -6316
r