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HomeMy WebLinkAbout1990-05-22; City Council; 10640; SpyglassUT’- OF CARLSBAD - AGEND,- SILL AB# q; (OcIO TITLE: APPEAL OF A PLANNING COMMISSION MT& 5122190 DECISION APPROVING TENTATIVE TRACT NAP DEPT. PLN 89-26, HILLSIDE DEVELOPMENT PERMIT 89-47, AND SPECIAL USE PERMIT 89-9 - SPYGLASS RECOMMENDED ACTION: The Planning Commission and staff are recoyending that the City Council ADOPT City Council Resolution No. gfl-152 , DENYING the appeal and UPHOLDING the Planning Commissionls conditions in approving CT 89-26/HDP 89-47, and SUP 89-9. On April 18, 1990 the Planning Commission approved Tentative Tract Map 89-26, Hillside Development Permit 89-47, and Special Use Permit 89-9 to create 17 residential lots with a minimum lot area of 10,000 square feet and 2 open space lots totaling 3.6 acres on a 10.4 acre site. The project site is located on the southeast corner of El Camino Real and Elm Avenue. The project applicant, The March Group, is appealing the Planning Commission decision as they believe that the combination of required fees and improvements made a condition of the project approval impose a great hardship based on the project's limited scale. Specifically being appealed are conditions number 45, 62, and 73 of Planning Commission Resolution No. 3005. The Planning Commission heard the applicant's request to modify the proposed conditions of approval during the April 18, 1990 hearing. The Planning Commission agreed with staff that the proposed conditions of approval were appropriate. In addition, the Planning Commission was informed by the City Attorney that they did not have the legal authority to grant the applicant a credit toward established fees to offset improvements being required such as the traffic signal on Elm Avenue, median construction within El Camino Real adjacent to the project's frontage, and a water pressure regulating station. Attached is a memorandum from the Engineering Department justifying the imposition of the conditions being appealed. ENVIRONNENTAL REVIEW On April 18, 1990 the Planning Commission approved the Conditional Negative Declaration issued by the Planning Director dated March 22, 1990. FISCAL IMPACT If the appeal were granted the necessary improvements would cost the City approximately $195,000.00 which would have to be appropriated from the general fund. EXHIBITS 1. City Council Resolution No. L30y1S2 2. Memorandum from the Engineering Department dated May 3, 1990 3. Planning Commission Resolution Nos. 3004, 3005, 3006 & 3007 4. Staff Report dated April 18, 1990, w/attachments 5. Letter of Appeal Mr. Raymond Patchett City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, Ca. 92008 5-22-90 Regarding: Withdrawal of appeal of planning resolution #3005. Dear Mr. Patchett: On 4-3-90 I filed an appeal of planning resolution #3005. Since the filing of the appeal I have had discussions with Mr. Marty Orenyak of the Community Development Department regarding a reimbursement agreement for part of the expense of the traffic signal at Elm and Avenida Anita. This reimbursement agreement along with discussions of the other issues noted in the appeal have now resolved my concerns with the terms of the planning commission decision. Please withdraw my appeal and remove it from the calendar of the City Council hearing tonight. Thank you for your consideration. Richard B. Therrien - LB& . President March Group Inc. dba Therrien Development jt\rt (619) 729-1121 2979 STATE STREET. SUITE C l CARLSBAD, CALIFORNIA 92008 License #362306 -. . 8- 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 RESOLUTION NO. go-152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, UPHOLDING A PLANNING COMMISSION DECISION TO APPROVE A TENTATIVE MAP TO CREATE 17 RESIDENTIAL LOTS AND 2 OPE SPACE LOTS, A HILLSIDE DEVELOPMENT PERM A SPECIAL USE PERMIT ON PROPERTY GENERA REAL AND ELM AVE WHEREAS, onApri118, 1990, the Car d Planning Commission approved CT 89-26/HDP 89-47/SUP 89- of Carlsbad, on May 22, 1990 considered a Commission decision the City Council considered all factors r he applicant's appeal. NOW, THEREFORE, BE ESOLVED by the City Council of the City o as follows: itations are true and correct. of the Planning Commission in 06 and 3007, on file with the City Clerk and incor reference constitute the findings . . . . . . . . . *- 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the day of I 1990 by the following vote, to wit: AYES: NOES: ABSENT: CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) . * . May 3, 1990 Revised May 17, 1990 TO: PLANNING DIRECTOR FROM: Assistant City Engineer RESPONSE TO APPLICATION APPEALING CONDITIONS FOR SPYGLASS (CT 89-26) We completed our review of the developer’s application appealing the Planning Commission decision to approve Carlsbad Tract 82-26, Spyglass. As we understand it, the developer objects to the City imposition of certain public improvement conditions which include the construction of half street width of El Camino Real, a traffic signal at Elm Avenue/ Avenida de Anita and a potential water pressure reduction station. We will respond to the appellants issues individually as follows: 1. Condition to construct half street improvement to El Camino Real including half width median adjacent to the project frontage. (Condition No. 44A). Presently, El Camino Real exists as a four lane facility adjacent to the project. The Circulation Elements calls for El Camino Real to be a six lane facility with a raised median. The existing two lanes immediately adjacent to the project were constructed at their ultimate location and include all drainage facilities as well as the southside curb and gutter. The developer’s obligation under the condition would consist of the addition of sidewalks, streetlights, one additional traffic lane and one half of the raised median including landscaping and stamped concrete. Staff also included a condition to repair any substandard section of the existing road improvement; however, subsequent analysis by the Utility Maintenance Department indicates little need to repair to this section of El Camino Real. Staff believes the El Camino Real improvement requirement to be fair and reasonable. It is standard City policy to require developer installation of adjacent public improvements. The improvements are needed by the City to ensure provision of adequate and safe circulation of traffic for this project and for the City as a whole. The condition is not burdensome in the that most of the adjacent public improvements for both El Camino Real and Elm Avenue were previously installed. The developers obligation is essentially limited to the installation of one traffic lane, a half median and a sidewalk along only one of the two fronting streets. The remaining improvements adjacent to the project were installed at City expense or at the expense of other developers. The recently completed improvement to Elm Avenue adjacent to this project were installed at a cost of $400,000. The project was - - May 3, 1990 * Revised May 17, 1990 Spyglass CI 89-26 2. Page 2 built by the City and funded through Traffic Impact Fees and developer contributions pursuant to an agreement with Foote Development. As a related item, the appellant is appealing condition No. 61 which requires developer reimbursement to the City should the City proceed with the construction of the El Camino Real median improvements in advance of the developers construction schedule, This condition was included as a means of reducing developer costs associated with the construction of the median by incorporating the construction into a larger project and by eliminating duplicate design costs, traffic control and conflicts between contractors on adjoining projects. One of the existing City Capital Improvement Programs is to complete construction of various missing sections of median along El Camino Real. The Engineering Department has targeted the construction of medians between Chestnut and Elm Avenue in the initial median construction program. Funds for the construction of the these missing links are provided through the Public Facilities Fee. Staff researched the issue and determined that the fees were established under the assumption that certain portions of the median were to be developer funded. Staff does not recommend providing the Spyglass developer credits to their Public Facilities Fee as this would leave the City with a deficiency in funds necessary to complete the ultimate median construction program. Condition to potentially install a pressure reduction station (Condition No. 72). This requirement was imposed on the project at the request of the Carlsbad Municipal Water District. The issue is more completely explained within the attached memorandum from the water district. The basic issue is one of providing water to the proposed development. Without a water supply the development could not proceed. As indicated in the memo there are two potential methods to serve this site. One is to extend waterlines offsite to connect into existing mains within the appropriate water pressure zone. The second method is to cross connect the water system to an existing main in Appian Road as indicated on the approved tentative map. Since this main is within a different pressure zone a pressure reduction station would be required. The station and/or the offsite connection are not necessary without the project. The requirement to provide water to the site necessitates the installation of new water facilities. The exact facilities are to be determined as a matter of Engineering design prior to approval of the final map. 3. Condition to install a traffic signal at Elm Avenue and Avenida de Anita/Appian Road (Condition No. 44B). Project access for the approved project is to occur via the extension of Appian Road and an new access road off Elm Avenue. During -May 3, 1990 * Revised May 17, 1990 Spyglass CT 89-26 Page 3 project review, staff required direct linkage of the Appian road extension with the access point along Elm Avenue. This was deemed necessary to meet the City’s cul- de-sac policy and to provide continuity in the City circulation system. The access point along Elm Avenue was chosen to coincide with the existing Elm Avenue Intersection with Avenida de Anita. This location was chosen because of the topographic constraints. Staff believes the signal requirement to be an appropriate and reasonable condition. Installation of a fourth leg on the intersection introduces new traffic movements to the intersection The significant change is the introduction of northbound to west bound left turns out of the proposed project and northbound/southbound through movements. Each of these movements requires significant breaks within the traffic stream along Elm Avenue to safely accomplish the movement. Staff believes it is necessary to install the traffic signal with this project to ensure the safety of the future residents of the project. The developer believes the signal installation to be a burdensome condition upon the development and believes the signal installation will be required by the City whether the project is constructed or not. While it is true the existing intersection meets traffic signal warrants, the Traffic Engineer does not recommend its installation at this time. Traffic signal warrants are meant to provide an indication of the need to consider installation of a traffic signal and are not an absolute determinant of the need to install a signal. It is not known at this point in time when a signal will be needed for the existing three way intersection. There was discussion among the staff that the signal may be needed when College Boulevard is connected to Oceanside. Even with the College connection staff needs to review the intersection and determine if a signal is needed. Staff believes the condition is appropriate and the appeal should be denied. However, should Council decide to uphold the appeal staff would recommend one the following actions: 1. Add the signal to the Capital Improvement Program and revise Condition 44B to require the developer to contribute one fourth of the cost of the signal design and installation. _ May 3, 1990 . Revised May 17, 1990 Spyglass CT 89-26 Page 4 2. Revise Condition No. 44B to require the developer to install the full signal under a reimbursement agreement with the City. The reimbursement would be keyed to the connection of College Boulevard to Oceanside. The developer has indicated a desire to receive credits against the Public Facility Fee or the Traffic Impact Fee. Staff strongly recommends against this alternative. The proposed traffic signal at this intersection is not included within the existing buildout Capital Improvement Program and no fees are currently being collected by the City for it’s installation. DAVID HAUSER DH:brg Attachment c: City Manager City Attorney Community Development Director City Engineer c May 17, 1990 TO: FROM: SUB3ECT: LLOYD HUBBS Jerry whitlay ATTAC?iMENT: SPYQLASS, C.T. 89-26 - CMWD PROJBCT NO. 894.310 SUGGESTED STARR REBWNBE TO RUBLIC BElARING (TT4M NO, 16 PRELIMINARY AtIENDA) EILLSIDE DBVELOPWENT, DEVELOPMENT PERmT 89-47 - 8PECI?LL USE PERXST 89-9 (1) Colored Map Showing Pressure Zones (To Be Hand DeliVared) The subjact site is located between two different water pressure zones; one zone syetam is loaatad at Elm Avenue and tha second zone system is locatad at the north end of Appian Road. The developer's tract map shown those two systems tiad together. Staff's position is that them two syetams must remain separated unless connected by a prasibiuro reducing station or a normally closed valve. In order to establish which connection is suitable, the developer must meat with tha Fire Marshal and the District Enginear and establish the flow demands and requirements. Based on this meeting, a water analysis study must be prepared by the developer, and after completion and approval of the Study, *the type of connection will be establiohed, F !!iiiii% EAginearing Manager FJW: aj a cc: Bob Graanay, General Manager, CMWD Geoff Poole, CMWD . 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 PUNNING COMMISSION RESOLUTION NO. 3004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A CONDITIONAL NEGATIVE DECLARATION FOR A TENTATIVE TRACT MAP, HILLSIDE DEVELOPMENT PERMIT AND A SPECIAL USE PERMIT TO CREATE 17 RESIDENTIAL LOTS WITH A MINIMUM LOT AREA OF 10,000 SQUARE FEET AND 2 OPEN SPACE LOTS TOTALING 3.6 ACRES ON A 10.4 ACRE SITE. CASE NAME: SPYGLASS CASE NO.: CT 89-26/HDP 89-47/SUP 89-9 WHEREAS, the Planning Commission did on the 18th day of April, 1990, hold a duly noticed public hearing as prescriied by law to consider said request, and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, ex amining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Conditional Negative Declaration. 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 the evidence presented at the public hearing, the Planning Commission hereby APPROVES the Conditional Negative Declaration according to Exhibit “ND“, dated March 22, 1990, “PII”, dated January 2, 1990, and Appendix “P” attached hereto and made a part hereof, based on the following findings: Findings: 1. The initial study shows that the proposed project could have a significant impact on the environment; however, there will not be a significant impact in this case because the miligation measures descrikd in the initial study have been added to the project. 2. Approximately forty percent of the site has been previously graded and the remainder of the site does not possess any significant environmental resources. 3. The streets are adequate in size to handle traffic generated by the proposed project. 4. There are no sensitive resources located onsite or located so as to be significantly impacted by this project provided that mitigating conditions of approval are complied with ; . *- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Conditions: This project if approved is subject to all conditions contained in Planning Commission Resolutions Nos. 3005, 3006, and 3007 plus compliance with the following mitigating conditions: 1. a) Submittal of a final Landscape and Irrigation Plan in substantial conformance with the Conceptual Landscape Plan/Hillside Mitigation Plan for the Planning Director’s approval is required prior to the issuance of a grading permit. b) Prior to issuance of a grading permit, the applicant shall deposit at a financial institution subject to regulation by the state or federal government, a certificate of deposit or letter of credit made out to the City of Carlsbad or such other security which is acceptable to the City. This document shall be for at least twice the estimated cost of the proposed mitigation and landscaping. If the proposed mitigation and landscaping is not installed in a timely manner, in accordance with the approved plans, the Planning Director may author-ize the utilization of these funds to do the necessary remedial work. Any funds remaining after the completion of this work shall be returned to the applicant. cl In addition to erosion control measures the required landscaping and irrigation systems shown on the approved Landscape and Irrigation Plan shall be completed prior to the occupancy of any unit within this project. 2. The proposed noise mitigation measures recommended in the Acoustical Assessment report of the Spyglass Project prepared by Illingworth and Rodkin, Inc. dated September 29, 1989, and depicted on the tentative map shall be completed prior to the occupancy of any unit within this project. The required mitigation measures are as follows: PROPOSED MITIGATION MEASURES FOR FIRST AND SECOND FLOORS Lot Number 1 2 10 11 12 PC RESO NO. 3004 First Floor Recommended Measures 5’ Barrier (includes 3’ berm height shown in tentative map) Second Floor Recommended Measures Not Applicable 7’ Barrier (includes 3’ berm height shown in tentative map) 4’ Barrier Not Applicable 4’ Barrier 5’ Barrier Not Required Same as First Floor Same as First Floor -2- II ; 1 PASSED, APPROVkD, AND ADOPTED at a regular meeting of the Planning 2 Commission of the City of Carlsbad, California, held on the 18th day of April, 1990, by the 3 . 4 following vote, to wit: AYES: 5 Chairperson Schramm, Commissioners: Hall, McFadden & Marcus. 6 NOES: Commissioners: Erwin & Holmes. 7 ABSENT: Commissioner Schlehuber. 8 ABSTAIN: None. 9 10 11 12 AT-l-EST: 13 14 15 PLANNING DIRECTOR 16 /I 17 18 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 3004 -3- CONDITIONAL NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: Southeast comer of the intersection of El Camino Real and Elm Avenue. PROJECT DESCRIPTION: A subdivision to create seventeen (17) residential lots with a minimum lot area of 10,000 square feet and two open space lots totaling 3.6 acres on a 10.4 acre 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 Conditional 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 Conditional Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, Califomia 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within twenty- one (21) days of date of issuance. DATED: March 22, 1990 CASE NO: CT 89-26/HDP 89-47/SUP 89-9 Planning Director APPLICANT: The March Group (Spyglass) PUBLISH DATE: March 22, 1990 DN:lh 2075 Las Palmas Drive - Carlsbad. California 92009-4859 - (619) 438-l 161 .-. - ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II l (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO. CT 89-26/HDP 89-47/SUP 89-9 DATE: JANUARY 2, 1990 . BACKGROUND 1. CASE NAME: SPYGLASS 2. APPLICANT: THE MARCH GROUP 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2979 STATE STREET, Ste. C 4. DATE EIA FORM PART I SUBMITTED: AUGUST 30, 1989 5. PROJECT DESCRIPTION: Subdivision of 10.4 acres into 17 residential lots with a minimum area of 10,000 souare feet and two open soace lots. ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a signif"$cant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identiyies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report or Negative Declaration. A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. On the checklist, ItNOt will be checked to indicate this determination. An EIR must be prepared if the City determines that there is substantial evidence that any aspect of the project may cause a sisnificant effect on the environment. The project may qualify for a Negative Declaration however, if adverse impacts are mitigated so that environmental effects can be deemed insianificant. These findings are shown in the checklist under the headings l'YES-sigtt and "YES-insig" respectively. discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. PHYSICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: ‘t ES s1g) YES (1ns1g) NO 1. Result in unstable earth conditions or increase the exposure of people or property to geologic hazards? 2. Appreciably change the topography or any unique physical features? X 3. Result in or be affected by erosion of soils either on or off the site? 4. Result in changes in the deposition of beach sands, or modification of the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? 5. Result in substantial adverse effects on ambient air quality? 6. Result in substantial changes in air movement, odor, moisture, or temperature? 7. Substantially change the course or flow of water (marine, fresh or flood waters)? 8. Affect the quantity or quality of surface water, ground water or public water supply? 9. Substantially increase usage or cause depletion of any natural resources? 10. Use substantial amounts of fuel or energy? 11. Alter a significant archeological, paleontological or historical site, structure or object? x x x x x x x x x -2- .- BIOLOGICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO ' (sig) (lnslg) 12. 13. 14. 15. 16. Affect the diversity of species, habitat or numbers of any species of plants (including trees, shrubs, grass, microflora and aquatic plants)? Introduce new species of plants into an area, or a barrier to the normal replenishment of existing species? Reduce the amount of acreage of any agricultural crop or affect prime, unique or other farmland of state or local importance? Affect the diversity of species, habitat or numbers of any species of animals (birds, land animals, all water dwelling organisms and insects? Introduce new species of animals into an area, or result in a barrier to the migration or movement of animals? HUMAN ENVIRONMENT x x x x x WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: 17. Alter the present or planned land use of an area? YES YES (sig) (insig) 18. Substantially affect public utilities, schools, police, fire, emergency or other public services? 19. Result in the need for new or modified sewer systems, solid waste or hazardous waste control systems? 20. Increase existing noise levels? X 21. Produce new light or glare? NO x x x x -3- HUMAN ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: 22. Involve a significant risk of an explosion 23. 24. 25. Generate substantial additional traffic? 26. Affect existing parking facilities, or create a large demand for new parking? 27. 28. 29. 30. 31. 32. or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation)? Substantially alter the density of the human population of an area? Affect existing housing, or create a demand for additional housing? Impact existing transportation systems or alter present patterns of circulation or movement of people and/or goods? Alter waterborne , rail or air traffic? Increase traffic hazards to motor vehicles, bicyclists or pedestrians? Interfere with emergency response plans or emergency evacuation plans? Obstruct any scenic vista or create an aesthetically offensive public view? Affect the quality or quantity of existing recreational opportunities? YES (lnslg) NO x x x x x x x x x x x -4- 33. .- - MANDATORY FINDINGS OF SIGNIFICANCE . YES (s1g) YE i; insig) NO Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wild- life species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or en- dangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. 34. Does the project have the potential to achieve short-term, to the dis- advantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) 35. Does the project have the possible environmental effects which are in- dividually limited but cumulatively considerable? (I'Cumulatively con- siderablel' means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) 36. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? x x x x -5- -DISCUSSION OF ENVIRONMENTAL EVALUATION PHYSICAL ENVIRONMENT : 1. 2. 3. 4. 5. 6. The Soil Investigation and Geologic Reconnaissance prepared for the project by GEOCON INCORPORATED, dated July 1989, concluded that no active faults or indications of active faults were mapped on the site during the field investigation. In addition no landslides or indications of landslides were noted and the potential for landsliding is low. All slopes are proposed at inclinations of 2:l (horizontal to vertical) to provide stability. The project proposes grading of 95 percent of the site totaling 112,000 cubic yards resulting in a balanced grading operation. The site has been disturbed by previous grading activities. Slopes ranging in height from 40 feet to over 70 feet were created by the City's construction of Elm Avenue. There are existing one to one slope along El Camino Real also created by the City to construct that major thoroughfare. These one to one slopes do not meet current City slope standards and require regrading to a minimum 2:l. The corner at Elm Avenue and El Camino Real was graded previously to a level even with the adjacent streets and is 70+/- feet lower than the original topography on site. In total, approximately 40 percent of the site has been disturbed by previous grading. To mitigate the impacts of the proposed grading operation and the creation of slopes over 30 feet in height a Conceptual Landscape Plan and Hillside Mitigation Plan has been prepared. Submittal of a final Landscape and Irrigation Plan in substantial conformance with the conceptual Landscape Plan/Hillside Mitigation Plan for the Planning Director's approval is required prior to the issuance of a grading permit. The applicant is also required to deposit a Certificate of Deposit or Letter of Credit for at least twice the cost of the proposed mitigation and landscaping. In addition to erosion control measures the required landscaping and irrigation systems shall be completed prior to occupancy of any unit within this project. Grading of the site will not create erosion problems as 1:l slopes will be eliminated, extensive landscaping of slopes provided, and required drainage improvements constructed. As a result of the proposed finished grades, drainage improvements, and the site's location, the project will not impact or change the bed of any water body. The project will only generate 170 Average Daily Trips which will contribute incrementally to air contaminants. The proposed grading concept results in the site terracing down from south to north with the properties to the south remaining approximately 20 to 40 feet higher in elevation than adjacent pad elevations of the proposed project. That in addition to the proposed placement of units will maintain air movement. -6- - - DISCUSSION OF ENVIRONMENTAL EVALUATION PHYSICAL ENVIRONMENT (CONTINUED); , Due to the projects location and required erosion control/drainage improvements identified on the tentative tract map no substantial; change to the course or flow of water is anticipated. The site design and drainage improvements shown on the tentative tract map- will prevent the project from significantly affecting the quantity or quality of surface water, ground water or public water supply. The site is bounded on the north and west by two major circulation element roads. Properties to the north, south, east, and west have been developed. Approximately 40 percent of the site has been disturbed by previous grading. Natural resources on the property consist primarily of sage brush which because of adjacent developments is not of high value as wildlife habitat. As a result of the project's relatively small size and close proximity to commercial services it is not anticipated to use substantial amounts of fuel or energy. Since several archaeological sites had been previously discovered in the general vicinity an archaeological survey of the Spyglass Project was required. The survey was conducted by Brian F. Smith and Associates and a report prepared which is dated October 30, 1989. The entire project area was surveyed. The survey of the project did not result in the identification of any cultural resources within the property. Based on the lack of archaeological sites, no further studies or investigations are considered necessary. BIOLOGICAL ENVIRONMENT 12. 13. 14. 15. 16. Approximately 40 percent of the project site has been disturbed by previous grading. Areas of sage brush, chaparral, and grasses exist on the site. Because the project site is surrounded on all sides by developed properties, it does not have a significant value as habitat. There is no evidence that rare or endangered species exist on the project site. The project site is not used for agricultural purposes. Because of its location as well as the residential general plan and zoning designations use. for the property, it is not viable for agricultural As a result of the adjacent development on all sides of the property and the amount of existing site disturbance, the site is not of significant value as wildlife habitat. The project site bordered on all sides by developments is not used by animals for migration. -7- DISCUSSION OF ENVIRONMENTAL EVALUATION tCONTINUED1: HUMAN ENVIRONMENT . 17. 18. 19. 20. 21. 22. The proposal is consistent with the RLM General Plan Designation and R-A-10,000 zoning designation for the site. The project .is in Local Facilities Management Zone 2 and will comply with all public facility requirements of that zone. The proposal will not create a need for new sewer systems other than sewer lines shown on the Tentative Map to serve the proposed dwelling units. Existing noise levels will not be increased significantly by the project. The site is impacted by noise generated along El Camino Real and Elm Avenue. An Acoustical Assessment Report of the Spyglass Project was prepared by Illingworth and Rodkin, Inc. and is dated September 29, 1989. The report concluded that Lots 1, 2, 10, 11, and 12 would exceed the City's noise limits and would result in a significant noise impact if not mitigated. The proposed mitigation measures are depicted on the tentative map. The required mitigation measures are as follows: PROPOSED MITIGATION MEASURES FOR FIRST AND SECOND FLOORS Lot Number 1 2 10 11 12 The project First Floor Second Floor Recommended Recommended Measures Measures 5' Barrier (includes 3 ( berm height shown in tentative map) 7' Barrier (includes 3' berm height shown in tentative map) will not produce new light or 4' Barrier 4' Barrier 5' Barrier Not Applicable Not Applicable Not Required Same As First Floor Same As First Floor glare that will negatively impact adjacent properties. Public Street lights will be installed at locations shown on the tentative map. A significant risk of an explosion or the release of hazardous substances will not be created by this project as it proposes residential uses. -8- DISCUSSION OF ENVIRONMENTAL EVALUATION HUMAN ENVIRONMENT (CONTINUED): * s 23. The density Of the human population of the area will not be altered as the project is within the density range designated for the site by the General Plan Land Use Map. 24. The project.will provide additional housing opportunities. t 25. The proposal will generate 170 Average Daily Trips with a peak between 4:00 to 6:00 p.m. totaling 17 trips. The amount of traffic generated by the project is not significantly high. 26. The project will provide all required parking in attached garages. '4 e. 27. The project will improve the existing circulation system by completing the connection of an existing dead end street through to Elm Avenue. 28. No alteration to waterborne, rail or air traffic will occur as a result of this project which is outside the airport influence area and not located in the immediate vicinity of a rail line or body of water. 29. The proposed circulation system meets City engineering standards ', and sidewalks will be provided so as to not increase traffic hazards to motor vehicles and pedestrians. 30. This residential project will not interfere with emergency response plans as it will provide an additional point of access . to an adjacent development. 31. The project will not obstruct a scenic vista and will reduce the ;, height and steepness of several existing slopes. Proposed slopes r will be extensively landscaped according to the landscape mitigation plan proposed. 32. Due to the relatively small scale of the project there will be no significant affect on recreational opportunities. -9- ANALYSIS OF VIABLE ALTERNATIVES TO THE PROPOSED PROJECT SUCH AS: .- . a) Phased development of the project, b) alternate site designs, c) alternate scale of development, d) alternate uses for the site, . e) development at some future time rather than now, f) alter- nate sites for the proposed, and g) no project alternative. a) Because the entire site must be graded at one time to implement the project-proposal as a result of the existing terrain and the relatively small scale of the project phased development is not feasible nor provide environmental advantages. b) Alternate site designs would not be substantially different or provide environmental advantages as the alignment of the proposed extension of Appian Road is established by existing roads. c) The project is proposing less than the maximum number of units allowed by the density established for the site by the General Plan. d) The proposal complies with the use designated for the site by the General Plan and zoning for single family residences. e) Development at some future time is not consistent with the land use designations for the site which is surrounded on all sides by developed properties. f) There are alternate sites for the proposal; however, this is an infill project consistent with the density designated for the property. g) The no project alternative would maintain the partially disturbed site in its existing condition with no significant environmental advantage. -lO- DETERMINATION (To Be Completed By The Planning Department) -. . On the basis of this initial evaluation: I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. x I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A Conditional Negative Declaration will be proposed. I find the proposed project MAY have a significant effect on environment, and an ENVIRONMENTAL IMPACT REPORT is required. the Date / - /7- 9d Date -ll- LIST MITIGATING MEASURES (IF APPLICABLE) 1. a) Submittal of a final Landscape and Irrigation Plan in substantial conformance with the Conceptual Landscape Plan/Hillside Mitigation Plan for the Planning Director's approval permit. is required prior to the issuance of a grading b) Prior to issuance of 3 grading permit, the applicant shall deposit at a financial institution subject to regulation by the state or federal government, a certificate of deposit or letter of credit made out to the City of Carlsbad or such other security which is acceptable to the City. This document shall be for at least twice the estimated cost of the proposed mitigation and landscaping. If the proposed mitigation and landscaping is not installed in a timely manner, in accordance with the approved plans, the planning director may authorize the utilization of these funds to do the necessary remedial work. Any funds remaining after the completion of this work shall be returned to the applicant. cl In addition to erosion control measures the required landscaping and irrigation systems shown on the approved Landscape and Irrigation Plan shall be completed prior to the occupancy of any unit within this project. 2. The proposed noise mitigation measures recommended in the Acoustical Assessment Report of the Spyglass Project prepared by Illingworth and Rodkin, Inc. dated September 29, 1989, and depicted on the tentative map shall be completed prior to the occupancy of any unit within this project. The required mitigation measures are as follows: PROPOSED MITIGATION MEASURES FOR FIRST AND SECOND FLOORS Lot Number 1 2 10 11 12 First Floor Second Floor Recommended Recommended Measures Measures 5' Barrier Not Applicable (includes 3' berm height shown in tentative map) 7' Barrier Not Applicable (includes 3' berm height shown in tentative map) 4' Barrier Not Required 4' Barrier Same As First Floor 5' Barrier Same As First Floor -12- - APPLICANT CONCURRENCE WITH MITIGATING MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE AND CONCUR WITH THE ADDITION 0.F THESE MEASURES TO ! MITIGATING MEASURES THE PROJECT. . I. 17qe Date DN:lh -13- PLANNING COMMISSION RESOLUTION NO. 3007 A RESOLUTION UF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SPECIAL USE PERMIT FOR A 19 LOT TENTATIVE TRACT MAP CONSISTING OF 17 RESIDENTIAL LOTS AND 2 OPEN SPACE LOTS ON A 10.4 ACRE SITE ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION OF EL CAMINO REAL AND ELM AVENUE. CASE NAME: SPYGLASS CASE NO: SUP 89-9 WHEREAS, a verified application for certain property, to wit: A portion of Lot “J”, Ranch0 Agua Hedionda, in the City of Carlsbad, according to Partition Map No. 823 has been filed with the City of Carlsbad, and referred to the Planning Commission; and WHEREAS, said application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 18th day of April, 1990, 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 Special Use Permit; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: ~ A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission APPROVED SUP 89-9, based on the following findings and subject to the following conditions: I l- The project enhances the scenic qualities of the El Camino Real Cotidor consistent with I the corxidois development standards by providing an attractive development reflecting an “Old Califo~c” architectural theme, building heights below the 35 foot height limit, a minimum building setback of 130 feet along El Camino Real, and extensive landscaping which incorporates the theme trees for the conidor. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 2. 3. 4. 5. 6. 7. 8. The project protects scenic views and traffic safety along El Camino Real by providing attractive buildings, performing cornxtive grading, extensively landscaping proposed slopes, making street improvements along the project% frontage, and taking access off of Elm Avenue at a signakd intersection. The following findings of section V of the El Camino Real Corridor Development Standards are made to allow cut or Ell gxadiug within the setback from El Camino Real to exceed 15 feet from original grade: A. The limit of 15 feet of cut or iill is infeasible given the correct+ grading required and the public street requirements. B. The use of setbacks, rounded slopes, benus and extensive landscaping will not compromise the scenic qualities of the conidor. C. All pertinent traffic standards will be met by the project and the deviation will not have an adverse impact on traffic safety. The grading will meet the city’s sight distauce requirements. D. The project as proposed has been designed to meet or exceed the intent of the remaking El Camino Real Cotidor Development standards. The proposed exception will actually correct exkting topographic deficiencies along El Camino Real The project is consistent with the City’s General Plan since the proposed density of 2.8 du’s/acre is within the density range of 04 du’s/acre specified for the site as indicated on the Land Use Element of the General Plan, and is at or below the growth control point of 3.2. The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed. The Planning Commission has, by inclusion of an appropriate condition to this project, ensured that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the Planning Commission has added a condition that a note shah be placed on the final map that building permits may not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. School fees will be paid to ensure the availability of school facilities in the Carlsbad School District. Park-in-lieu fees are required as a condition of approval. PC RESO NO. 3007 -2- . 1 7 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 9. 10. 11. 12. 13. 14. 15. All necessary public improvements have been provided or will be required as conditions of approval. 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. The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for Low-Medium Density Residential, Medium Density Residential, and Professional and Related development on the General Plan. This project will not cause any significant environmental impacts and a Conditional Negative Declaration has been issued by the Planning Director on March 22, 1990, and APPROVED by the Planning Commission on April 18,199O. In approving this Conditional Negative Declaration the Planning Commission has considered the initial study, the staff analysis, all required mitigation measures and any written comments received regarding the significant effects this project could have on the environment. The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project is consistent with the City’s Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 2. This project was subject to Chapter 21.95 of the Carlsbad Municipal Code (Hillside Ordinance) and meets all the requirements of that Chapter to ensure the sensitive treatment of the City’s hillside resources. Conditions: 1. Approval is granted for SUP 89-9, as shown on Exhibit(s) “A” - “R”, dated April 18, 1990, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. Approval of SUP 89-9 is granted subject to the approval of CT 89-26 and HDP 89-47. 3. All conditions stated in Resolutions 3004, 3005, and 3006 for the Conditional Negative Dechmtion, CX 8947, and HDP 8947 are incoxporated by reference herein. PC RESO NO. 3007 -3- - /I . PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission 1 . of the City of CarIsbad, California, held on the 18th day of April, 1988, by the following vote, 2 to wit: 3 AYES: 4 Chairperson Schramm, Commissioners: Hall, McFadden & Marcus. NOES: Commissioners: Erwin & Holmes. 5 6 ABSENT: Commissioner Schlehuber. 7 I/ ABSTAIN: None. 11 ATTEST: 12 13 14 MICHAEL J. HOlZMILtiR PLANNING DIRECTOR 15 16 17 ia 19 / 20 21 22 23 24 25 26 27 II PC RESO NO. 3007 -4- 28 S-ON SCHRAMM, chairperson CARLSBAD PLANNING COMMISSION 1 - 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 3006 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A HILLSIDE DEVELOPMENT PERMIT FOR A 19 LOT TENTATIVE TRACT MAP CONSISTING OF 17 RESIDENTIAL LOTS AND 2 OPEN SPACE LOTS ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION OF EL CAMINO REAL AND ELM AVENUE. CASE NAME: SPYGLASS CASE NO.: HDP 89-47 WHEREAS, a verified application for certain property to wit: A portion of Lot “.I” Ranch0 Agua Hedionda, in the City of Carlsbad, according to Partition Map No. 823, 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 18th day of April, 1990, consider said request; and WHEREAS, at said 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 Planning Commission Determination; 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 the evidence presented at the public hearing, the Commission APPROVED HDP 89-47, based on the following findings and subject to the following conditions: Findings: 1. Hillside conditions have been properly identified on the constraints map/slope analysis and slope profiles exhiiit. 2. Undevelopable areas of the project site, such as slopes over 40%, have been properly identified on the constraints map/slope analysis and were determined to be excluded from the Hillside Development Regulations by Sections 21.95.090(a)(l) and (4). 3. The development proposal and all applicable development approvals and permits are consistent with the purpose, intent and requirements of the Hillside Development Regulations because the findings can be made to grant the two requested modifications to the development and design standards as specified in the staff report. 4. The finding that no development or grading will occur in those portions of the site which are undevelopable pursuant to the provisions of Zoning Ordinance Section 21.53.230(b) can be made as slopes over forty percent were excluded from density calculations as required and were excluded from the Hillside Development Regulations by sections 21.95.090(a)(l) and (4). 5. Grading design minimizes disturbance of hillside areas to the greatest extent possible given the fact that approximately 40 percent of the site has been altered by previously author&d grading requiring corrective grading and that access to the site is dictated by intersection spacing standards resulting in extensive grading being required to access the site. 6. The project design substantially conforms to the intent of the concepts illustrated in the Hillside Development Guidelines as follows: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Preservation of views of neighhoring subdivision Rounded slopes are proposed throughout. Where possible undulating slopes are proposed. Earth berms at the top of slopes are proposed to mitigate noise and visual impacts. Curvilinear streets are used where possible to create interest and visual diversity. Single story units are proposed adjacent to the comer of Elm and El Camino Real Extensive landscaping is proposed on all manufactured slopes. Units will, in general, screen proposed manufactured slopes but not rise above the horizon nor block existing residential views. The proposed units provide a varied articulated tile roof. The major slopes along Ehn and El Camino Real are to be open space lots with easements and will be maintained by a home owners associatiox~ The width of drainage benches on slopes are varied to accommodate landscaping for additional visual screen&. 7. The following findings required by Zoning Ordinance Section 21.95.070 are made to grant the requested modifications to allow grading in excess of ten thousand cubic yards per acre of cut or fill and to create manufactured slopes in excess of thirty feet in height: 1. The site has unusual geotechnical or soil conditions that necessitate corrective work that may require significant amounts of grading. F&sting 1:l manufactured slope along El Camino Real must be regraded to 2:l and corrective grading at the comer of Ehn and F.l Camino Real must be done. These two items account for over 50% of the proposed grading. PC RESO NO. 3006 -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 8. 9. 10. 11. 12. 13. 14. 15. 2. The site requires extensive grading to accommodate a circulation element roadway. The site has been extensively distded by the construction of Elm and El Camino Real both circulation element roads. This grading created slopes up to 70 feet in height. Regrading along El Camino must be done to meet current city slope standards. Access along Elm Avenue to the project site is dictated by the intersection spacing required in the city’s ordinances. This results in extensive grading being required to access the site. The project is consistent with the Civs General Plan since the proposed density of 2.8 du’s/acre is within the density range of O-4, du’s/acre specified for the site as indicated on the Land Use Element of the General Plan, and is at or below the growth control point of 3.2. The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed. The Planning Commission has, by inclusion of an appropriate condition to this project, ensured that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the Planning Commission has added a condition that a note shall be placed on the final map that building permits may not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. School fees will be paid to ensure the availability of school facilities in the Carlsbad School District. Park-in-lieu fees are required as a condition of approvaL All necessary public improvements have been provided or will be required as conditions of approval. 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. The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for Low-Medium Density Residential, Medium Density Residential, and Professional and Related development on the General Plan. PC RESO NO. 3006 -3- ; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16. 17. 18. 19. This project will not cause any significant environmental impacts and a Conditional Negative Declaration has been issued by the Planning Director on March 22, 1990, and APPROVED by the Planning Commission on April 18, 1990. In approving this Negative Declaration the Planning Commission has considered the initial study, the staff analysis, all required mitigation measures and any written comments received regarding the significant effects this project could have on the environment. The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project is consistent with the City’s Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 2. This project was subject to Chapter 21.95 of the Carlsbad Municipal Code (Hillside Ordinance) and meets all the requirements of that Chapter to ensure the sensitive treatment of the City’s hillside resources or has been granted a modihtion to the development and design standards. Conditions 1. 2. 3. \\\ \\\ \\\ \\\ \\\ \\\ \\\ Approval is granted for HDP 89-47, as shown on Exhibit(s) “A” - “R”, dated April 18, 1990, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. Approval of HDP 89-47 is granted subject to the approval of CT 89-26 and SUP 89-9. All conditions stated in Resolutions 3004, 3005, 3007 for the Conditional Negative Declaration, CI- 8947, and SUP 89-9 are incorporated hy reference herein. PC RESO NO. 3006 -4- : 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROFD, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 18th day of April, 1990, by the following vote, to wit: AYES: Chairperson Schramm, Commissioners: HalI, McFadden & Marcus. NOES: Commissioners: Erwin & Holmes. ABSENT: Commissioner Schlehuber. ABSTAIN: None. I HRAMM,‘Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOLZMILLXR PLANNING DIRECTOR PC RESO NO. 3006 -5- PLANNING COMMISSION RESOLUTION NO. 3005 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 19 LOT TENTATIVE TRACT MAP CONSISTING OF 17 RESIDENTIAL LOTS AND 2 OPEN SPACE LOTS ON A 10.4 ACRE SITE ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION OF EL CAMINO REAL AND ELM AVENUE. CASE NAME: SPYGLASS CASE NO.: CT 89-26 WHEREAS, a verified application for certain property to wit: A portion of Lot “.I”, Ranch0 Agua Hedionda, in the City of Carlsbad, according to Partition Map No. 823 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 18th day of April, 1990, 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. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as A> That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission hereby APPROVES CT 89-26, based on the following findings and subject to the following conditions: Findings: The project is consistent with the City’s General Plan since the proposed density of 2.8 du’s/acre is within the density range of O-4 du’s/acre specified for the site as indicated on the Land Use Element of the General Plan, and is at or below the growth control point of 3.2. . 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 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed. The Planning Commission has, by inclusion of an appropriate condition to this project, ensured that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the Planning Commission has added a condition that a note shall be placed on the final map that building permits may not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. School fees will be paid to ensure the availability of school facilities in the Carlsbad School District. Park-in-lieu fees are required as a condition of approval. All necessary public improvements have been provided or will be required as conditions of approval. 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. The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for Low-Medium Density Residential, Medium Density Residential, and Professional and Related development on the General Plan. This project will not cause any significant environmental impacts and a Conditional Negative Declaration has been issued by the Planning Director on March 22, 1990, and APPROVED by the Planning Commission on April 18,199O. In approving this Conditional Negative Declaration the Planning Commission has considered the initial study, the staff analysis, all required mitigation measures and any written comments received regarding the significant effects this project could have on the environment. The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project is consistent with the City’s Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 2. PC RESO NO. 3005 -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 12. This project was subject to Chapter 21.95 of the Car&bad Municipal Code (Hillside Ordinance) and meets all the requirements of that Chapter to ensure the sensitive treatment of the City’s hillside resources or has been granted a modification to the development and design standards. Conditions: 1. 2. 3. 4. 5. 6. 7. 8. Approval is granted for CT 89-26, as shown on Exhibit(s) “A” - “R”, dated April 18, 1990, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. The developer shall provide the City with a reproducible 24” x 36”, mylar copy of the Tentative Map as approved by the Planning Commission. The Tentative Map shall reflect the conditions of approval by the City. The map copy shall be submitted to the City Engineer prior to issuance of building permits or improvement plan submittal, whichever occurs first. A 500’ scale map of the subdivision shall be submitted to the Planning Director prior to the recordation of the final map. Said map shall show all lots and streets within and adjacent to the project. This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This note shall be placed on the final map. This project is also approved under the express condition that the applicant pay the public facilities fee adopted by the City Council on July 28, 1987 and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or facilities and improvement plan and to fulfill the subdividers agreement to pay the public facilities fee dated June 12, 1989, a copy of which is on file with the City Clerk and is incorporated by this reference. If the fees are not paid this application will not be consistent with the General Plan and approval for this project will be void. The applicant shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. The applicant shall provide school fees to mitigate conditions of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at the time of building permit application. Water shall be provided to this project pursuant to the Water Service agreement between the City of Carlsbad and the Carlsbad Municipal Water District, dated May 25, 1983. PC RESO NO. 3005 -3- * 1 . 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2% 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. This project shall comply with all conditions and mitigation measures which may be required as part of the Zone 2 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. If any condition for construction of any public improvements or facilities, or the payment of any fees in lieu thereof, imposed by this approval or imposed by law on this project are challenged this approval shall be suspended as provided in Government Code Section 65913.5. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance. Approval of CT 89-26 is granted subject to the approval of HDP 89-47 and SUP 89-9. The applicant shall establish a homeowner% association and corresponding covenants, conditions and restrictions. Said CC&R’s shall be submitted to and approved by the Planning Director prior to final map approval. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Planning and Building. The applicant shall submit a street name list consistent with the City’s street name policy subject to the Planning Director’s approval prior to final map approval. Submittal of a final Landscape and Irrigation Plan in substantial conformance with the Conceptual Landscape PhWHillside Mitigation Plan for the Planning Director3 approval is required prior to the issuance of a grading permit. Prior to issuance of a grading permit, the applicant shall deposit at a financial institution subject to regulation by the state or federal government, a certificate of deposit or letter of credit made out to the City of Carlsbad or such other security which is acceptable to the City. This document shall be for at least twice the estimated cost of the proposed mitigation and landscaping. If the proposed mitigation and landscaping is not installed in a timely manner, in accordance with the approved plans, the Planning Director may authorize the utilization of these funds to do the necessary remedial work Any funds remaining after the completion of this work shall be returned to the applicant. In addition to erosion control measures the required landscaping and irrigation systems shown on the approved Landscape and Jrrigation Plan shall be completed prior to the occupancy of any unit within this project PC RESO NO. 3005 -4- 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PC RESO NO. 3005 28 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. The developer shall install street trees at the equivalent of 40-foot intervals along all public street frontages in conformance with City of Carlsbad standards. The trees shall be of a variety selected from the approved Street Tree List. All landscape plans shall be prepared to conform with the Landscape Guidelines Manual and submitted per the landscape plan check procedures on file in the Planning Department. Landscape plans shall be designed to minimize water use. Lawn and other zone 1 plants (see Landscape Guidelines Manual) shall be limited to areas of special visual importance or high use. Mulches shall be used and irrigation equipment and design shall promote water conservation. Prior to final occupancy, a letter from a California licensed landscape architect shall be submitted to the Planning Director certi@.ng that all landscaping has been installed as shown on the approved landscape plans. The first set of landscape and irrigation plans submitted shall include building plans, improvement plans and grading plans. All landscape and irrigation plans shall show existing and proposed contours and shall match the grading plans in terms of scale and location of improvements. Any signs proposed for this development shall at a minimum be designed in conformance with the City’s Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color. The developer shall display a current Zoning and Land Use Map in the sales office at all times, or suitable alternative to the satisfaction of the Planning Director. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks, and streets. As part of the plans submitted for building permit plan check, the applicant shall include a reduced version of the approving resolution/resolutions on a 24” x 36” blueline drawing. Said blueline drawing(s) shall also include a copy of any applicable Coastal Development Permit and signed approved site plan. -5- 1 . 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 23 2E 31. The proposed noise mitigation measures recommended in the Acoustical Assessment report of the Spyglass Project prepared by Ill&worth and Rodkin, Inc. dated September 29, 1989, and depicted on the tentative map shah be completed prior to the occupancy of any unit within this project The required mitigation measures are as follows: . PROPOSED MITIGATION MEASURES FOR FIRST AND SECOND FLOORS First Floor Second Floor Recommended Recommended Lot Number Measures Measures 32. 10 4’ Barrier Not Required 11 4’ Barrier Same as First Floor 12 5’ BaITier Same as First Floor Required sound walls shall be constructed of masonry material and may in&de S/8 inch plexiglass along the top of the wall with both materials required to have a minimum surface density of 3.5 pounds per square foot as specified in the Acoustical Assessment Report for the project prepared by Illingworth and Rodkin, Inc. dated September 29,1989. The wall shall utilize materials which will result in it conforming with the “Califomia - Spanish - Mission” theme for the El Camino Real Corridor and compliment the architectural style of the residential units. The wall design shah he approved by the Planning Director prior to the recordation of the final map or issuance of grading permits whichever occurs first. 33. Lot 17 shah have a single story residence to the satisfaction of the Planning Director. 1 SBiuTier (includes 3’ berm height shown in tentative map) Not Applicable 2 TBallier (includes 3’ berm height shown in tentative map) Not Applicable Ennineerinn Conditions: 34. All required fire hydrants, water mains, and appurtenances shall be operational prior to combustible building materials being located on the project site. 35. Additional public water lines and onsite fire hydrants may be required, prior to development of the project, subject to the approval of the Fire Marshal. PC RESO NO. 3005 -6- 1 . 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. - Upon completion of grading, the developer shall ensure that an “as-graded” geologic plan shall be submitted to the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contour map which represents both the pre and post site grading. This plan shall be signed by both the soils engineer and the engineering geologist. The plan shall be prepared on a mylar or similar drafting film and shall become a permanent record. This project has been reviewed for conformancy with the grading ordinance and found to be a project for which a grading permit is required. Prior to any building permits being issued for the site, a grading plan in conformance with City Standards and Section 11.06 of the Carlsbad Municipal Code, must be submitted, approved and grading work must be completed to the satisfaction of the City Engineer. All slopes within this project shall be graded no steeper than two horizontal to one vertical unless specifically approved otherwise pursuant to these conditions. No grading permits shall be issued for this subdivision prior to recordation of the final map. The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. The grading for this project is defined as “controlled grading” by Section 11.06.170(a) of the Carlsbad Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code. No grading shall occur outside the limits of the subdivision unless a letter of permission is obtained from the owners of the affected properties. Prior to hauling dirt or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. Additional drainage easements and drainage structures shall be provided or installed as may be required by the City Engineer. The developer shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the tentative map. The offer shall be made by a certificate on the final map for this project. All land so offered shall be granted to the City free and clear of all hens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of the City Engineer. Prior to approval of the final map, the Subdivider shall install, or agree to install and secure with appropriate security as provided by law, PC RESO NO. 3005 -7- .- 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 46. 47. 48. 49. 50. 51. 52. 53. 54. improvements shown on the tentative map and the following improvements to City Standards to the satisfaction of the City Engineer. A. Full half street improvements of El Camino Real along the project frontage to prime arterial standards, including full median improvements and landscaping all to the satisfaction of the City Engineer. Improvements shall also include repair of existing structural defects to El Camino Real adjacent to project to the satisfaction of the City Engjneer. B. Traffic signal for the intersection of Elm Avenue and Appian Road/Avenida de Anita including hardware interconnect with the intersection of El Camino Real and EIm Avenue. C. Street signing and &ping plans. Improvements listed above shall be constructed within 12 months of final map approval and/or improvement plan approval, whichever occurs first. Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this tentative map. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. This project is approved specifically as 1 (single) phase. The Subdivider shall provide separate sewer, water, gas, and electric services with meters to each of the units. The developer shall be responsible for coordination with S.D.G.&E., Pacific Telephone, and Cable TV authorities. Approval of this tentative tract map shall expire twenty-four (24) months from the date of Planning Commission approval unless a final map is recorded. An extension may be requested by the applicant. Said extension shall be approved or denied at the discretion of the Planning Commission. In approving an extension, the City Council may impose new conditions and may revise existing conditions. The applicant shall agree to utilize reclaimed water, in Type I form, on the subject property in all common areas as approved by the City Engineer. Irrigation systems to accommodate future reclaimed water shall be designed consistent with Title 17 of the California Administrative Code. Offsite future reclaimed water distribution systems should be anticipated by the installation of adequately sized sleeves at crossing points to minimize street excavation. PC RESO NO. 3005 -8- . 1 I 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 55. 56. 57. 58. 59. 60. 61. 62. Direct access rights for all lots abutting El Camino Real and Elm Avenue shall be waived on the final map. The developer shall pay the current local drainage area fee prior to approval of the final map for this project or shall construct drainage systems in conformance with Master Drainage Plan and City of Carl&ad standards as required by the City Engineer. In addition, the developer shall enter into an agreement with the City to pay any additional drainage area fees established as a result of the forthcoming Master Drainage Plan update. The Owner shall pay for and submit an application for the quitclaim@ of the existing slope and slope maintenance easement on the project site along Elm Avenue. Prior to final map approval the issue of quitclaiming is to be heard and decided by the City CounciL Should Council approve the quitclaim full maintenance of the slopes within proposed open space Lot A and Lot B shall be taken over by the property owner and when appropriate by the homeowners association. Should Council not approve the quitclaim then Lots 1, 11, and 12 cannot be developed unless the tentative map is amended. Concurrent with the recordation of the final map, the City shall record the necessary documents to accept the formerly rejected offer of dedication for the 7 foot wide blocker strip for Appian Road as offered and rejected on Map No. 8371 (CT 74-SA). All open space lots, private drainage easements and the private storm drain facilities contained therein, and all concrete terrace drams on commonly owned property shall be maintained by the homeowner% association. The individual property owner shall be respon&le for the maintenance of any concrete terrace drains on an individually owned lot. An appropriately worded statement clearly identifying these responsibilities shall be placed in the CC&R’s subject to the approval of the City E@ineer. The toe of slope shown on the tentative map extending into the required 300 foot sight distance at the comer of Ehn Avenue and Appian Road shall be pulled back clear of the sight distance line. The owner shall pay for and submit an application(s) for the quitclaiming and or the vacating of the excess public rightof-way along El Camino Real (depending on the legal status of the right-of-way). Prior to final map approval the issue of quit~vacating is to heard and decided by the City Council. TheCityisp ursuing a median construction project in this area of El Camino Real. If the City project precedes the developer’s construction of his required median improvements, the developer shall reimburse the City for his proportionate share of the design and construction costs, as determined by the City Engineer. Fire Conditions: 63. Additional public and/or onsite fire hydrants shall be provided if deemed necessary by the Fire Marshal. PC RESO NO. 3005 -9- -. - 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 64. 65. 66. 67. 68. 69. The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and onsite roads and drives to the Fire Marshal for approval. An all-weather access road shall be maintained throughout construction. All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site. Fire retardant roofs shall be required on all structures. Brush clearance shall be maintained according to the specifications contained in the City of Carlsbad Landscape Guidelines Manual. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction. Carlsbad Municipal Water District Conditions: 70. The entire potable and non-potable water system/systems for subject project shall be evaluated in detail to ensure that adequate capacity and pressure for domestic, landscaping and fire flow demands are met. 71. The developer’s engineer shall schedule a meeting with the District Engineer and the City Fire Marshal and review the preliminary water system layout prior to preparation of the water system improvement plans. 72. The developer will be responsible for all fees and deposits plus the major facility charge which will be collected at time of issuance of building permit. 73. The extension of Appian Road from Elm Avenue southerly to the existing Appian Road with a proposed water line will require developer to probably construct a pressure regulating station because of the different pressure zones, a water analysis will be required for this project . . . PC RESO NO. 3005 -lO- PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 18th day of April, 1990, by the following vote, to wit: AYES: Chairperson Schramm, Commissioners: Hall, McFadden & Marcus. NOES: Commissioners: Erwin & Holmes. ABSENT: Commissioner Schlehuber. ABSTAIN: None. , SHARON SCHRAMM, Chairperson CARLSBAD PLANNING COMMISSION A’ITEST: MICHAEL J. HaZMILL& PLANNING DIRECTOR PC RESO NO. 3005 -ll- \ I i > . I i I I , 2 z 3 L W -I z ce 0 . $2 =tE *L zw tna Y YU -- w 3 5.‘: 3 L I’p jt8kd f;S . m -a u w u *- E E -.I- . SZWE .C n .C rw NW-2 ET-- E .F a.- L Y.- 32 *- c, E ‘g g .E L .C 3 a FL -WOW =n us .CC VA - . STAFF REPORT DATE: APRIL 18, 1990 APi VI-ION COMPLETE DATE: December 4. 1989 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: CT 89-26/HDP 8947/SUP 89-9 - SPYGWISS - Request for approval of a Tentative Tract Map to create 17 residential lots with a minimum lot area of 10,000 square feet and 2 open space lots totaling 3.6 acres on a 10.4 acre site, a Hillside Development Permit, and a Special Use Permit required by the El Camino Real Corridor Development Standards, located on the southeast comer of El Camino Real and Elm Avenue, in the R-A-10,000 Zone and Local Facilities Management Zone 2. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 3004 APPROVING the Conditional Negative Declaration issued by the Planning Director, and ADOPT Planning Commission Resolution No’s. 3005,3006, and 3007 APPROVING CT 89-26, HDP 89-47, and SUP 89-9, based on the findings and subject to the conditions contained therein. PROJECI- DESCRIPTION AND BACKGROUND The project consists of I7 residential lots with a minimum lot area of 10,000 square feet as required by the R-A-10,000 (Residential Agricultural, 10,000 square foot minimum lot area) zone. The average residential lot size proposed is 12,900 square feet. Two open space lots are also proposed. Open space Lot A contains 2.7 acres and encompasses the slope area adjacent to the east side of El Camino Real, in addition to the slope adjacent to Elm Avenue west of the proposed extension of Appian Road. Open space Lot B contains .9 acres of area which is the slope adjacent to Elm Avenue east of Appian Road. Together open space lots A and B total 3.6 acres of this 10.4 acre site. The project is proposed at a density of 2.8 dwelling units per acre. This density was determined from the constraints map/slope analysis prepared for the project. The slope analysis indicates that 2.6 acres of the site are in 25 to 40 percent slopes and therefore only receive 50 percent credit for density calculations. A total of 3.1 acres of the site are slopes over 40 percent which receive no credit. As a result a total of only 6 acres of the 10.4 acre site can be utilized to calculate the density for the project. The site has previously been disturbed by grading activities. The applicant is requesting that the Planning Commission grant modifications to the development and design standards of the Hillside Development Regulations. The modifications will be explained in the section of this report on the Hillside Development Regulations. Slopes created by the city’s construction of Elm Avenue CT 8926/HDP 89-47/S& 1,-9 - SPYGLASS . APRIL 18, 1990 . PAGE 2 ’ range in height from 40 feet to over 70 feet onsite. There are existing one to one slopes along El Camino Real which were created by the City’s construction of that prime arterial. These one to one slopes do not meet current city slope standards and will be required to be regraded to a minimum 2 to I with any proposed development of the site. The comer at Elm Avenue and El Camino Real was graded under previous permits to a level even with the adjoining streets and is 70 feet plus or minus lower than the original topography onsite. In total, approximately 40% of the site has been disturbed by previous urban activities and grading. The proposed site design and grading also reflect the access locations and internal circulation required by the City Traffic Engineer. The project provides through access from the existing stub of Appian Way to Elm Avenue at Avenida De Anita without which it would violate the Engineering Department cul-de-sac policy. This results in the need to do extensive earthwork to construct this street and sets the physical layout of the remaining property. A Traffic signal is being required for the intersection of Elm Avenue and Appian Road/Avenida de Anita. Single family residences are proposed consistent with the existing zoning. The units are Spanish in style with stucco exteriors, white aluminum frame windows, and tile roofs. Three unit plans are proposed with each having a three car garage. In addition, two different elevations are proposed for each unit plan. Plan one is a single story 2,355 square foot unit with a maximum height of 15 l/2 feet measured to the midpoint of the roof. Three plan one units are proposed. Plan two is a two story 2,772 square foot unit with a maximum height of 22 3/4 feet measured to the midpoint of the roof. Nine plan two units are proposed. Plan three is also a two story unit, however it is larger than plan two as it contains 3,116 square feet and has three single car garage doors as opposed to a two and a one car garage door which is utilized by both plans one and two. Plan three has a maximum height of 25’ measured to the midpoint of the roof. Five plan three units are proposed. The proposed project is subject to the following standards and policies. A. Low-Medium Density (RLM) General Plan Designation B. Residential Agricultural - 10,000 square foot minimum lot size (R-A-10,000) Zone C. Hillside Development Regulations D. El Camino Real Corridor Development Standards for Area 1 E. Scenic Corridor Guidelines F. Local Facilities Management Plan for Zone 2 Adjacent land uses to the site consist of a bank and multi-family units to the north, and single family residences to the south, east, and west. This triangular site is an infill project. CT 89-26/HDP 89-47/W. a,-9 - SPYGLASS APRIL 18, 1990 - PAGE 3 * III. ANALYSIS Planning Issues 1. Can the findings required to grant a Hillside Development Permit be made (Sec. 21.95.030) including granting modifications to the Development and Design Standards (Sec. 21.95.070) and identifying Exclusions (21.95.090) applicable to the project? 2. Is the project in conformance with the El Camino Real Corridor Development Standards for Area l? 3. Does the project comply with the Scenic Corridor Guidelines? 4. Is the project in conformance with the Local Facilities Management Plan for Zone 2? DISCUSSION Hillside Develonment Regulations The project site as stated previously is an infill site bordered by a prime arterial (El Camino Real), a secondary arterial (Elm Avenue) and existing land uses. Approximately 40 percent of the site has been disturbed by previous grading. Access to the site has been dictated by an existing stub street and city engineering traffic requirements. This results in the need to do extensive earthwork to construct Appian Road and sets the physical layout of the remaining property. Six (6) acres of the 10.4 acre project site can be used to determine the allowable density after the applicable slope areas are excluded. The RLM growth control point of 3.2 units per acre would allow a maximum of 19 units on the site. Only 17 units are proposed which equals a density of 2.8 units per acre. The applicant is requesting that two modifications to the Development and Design Standards of the Hillside Development Regulations be granted. The two modifications are to: 1) Allow grading in excess of ten thousand cubic yards/acre of cut or fill, and 2) to create manufactured slopes in excess of thirty feet in height. In addition, grading of slopes over forty percent is proposed. Approximately 3.1 acres of the site consists of slopes over forty percent. Of that 2.4 acres were previously disturbed by authorized grading and are excluded from the Hillside Development Regulations by Section 21.95.060(b)(l). The remaining 0.7 acres are natural slopes divided among eight areas that are small isolated ravines where there is no substantial evidence that the project will have a significant effect on the environment and are therefore also excluded from the Hillside Development Regulations by Section 21.95.090(b)(4). The project proposes grading in the amount of approximately 113,000 cubic yards of balanced cut and fill or 11,414 cubic yards per acre. Approximately 57,000 cubic yards of fill is necessary to restore the previously graded comer and approximately 5,000 cubic yards of cut is necessary to pull the existing slopes along El Camino Real back to 2:l slopes. These two areas alone account for 54% of the total grading quantity. If this grading were not necessary, the total grading per acre would equal 5,152 cubic yards per acre which is within the level of acceptability. -. CT 89-26/HDP 89-47/SU. d/-9 - SPYGLASS APRIL 18, 1990 -- PAGE 4 * Currently there are slopes onsite over 30 feet in height. The project will lower most of these large slopes and gradually step the site down toward the comer of Ehn Avenue and El Camino Real. The slopes created for pad grading are typically 30 feet in height or less. The street grading and corrective grading requires slopes over 30 feet in height. The following are the proposed findings required by section 21.95.070 of the code to grant the requested modifications to the standards: 1. The site has unusual geotechnical or soil conditions that necessitate corrective work that may require significant amounts of grading. Existing 1 :l manufactured slope along El Camino Real must be regraded to 2:l and corrective grading at the comer of Ehn and El Camino Real must be done. These two items account for over 50% of the proposed grading. 2. The site requires extensive grading to accommodate a circulation element roadway. The site has been extensively disturbed by the construction of Elm and El Camino Real, both circulation element roads. This grading created slopes up to 70 feet in height. Regrading along El Camino must be done to meet current city slope standards. Access along Elm Avenue to the project site is dictated by the intersection spacing required in the city’s ordinances. This results in extensive grading being required to access the site. The applicant has prepared a plan showing how the site would be developed with a strict adherence to the development and design standards. A total of two lots located off the existing terminus of Appian Road could be accommodated on the site which would not result in a superior project based on the degree of existing site disturbance and adjacent development. A detailed landscape and Hillside Mitigation Plan with a cost estimate has also been provided to illustrate how landscaping will be utilized to screen the proposed grading. A proposed condition of approval requires an acceptable security for at least twice the estimated cost of the proposed mitigation and landscaping which the Planning Director can authorize the use of to assure that the landscaping is installed in a timely manner. The project complies with the remaining requirements of the Hillside Development Regulations by proposing the following: 1. Preservation of views of neighboring subdivision. 2. Rounded slopes are proposed throughout. 3. Where possible undulating slopes are proposed. 4. Earth berms at the top of slopes are proposed to mitigate noise and visual impacts. 5. Curvilinear streets are used where possible to create interest and visual diversity. 6. Single story units are proposed adjacent to the comer of Elm and El Camino Real. 7. Extensive landscaping is proposed on all manufactured slopes. CT 89-26/HDP 89-47/W. ,/-9 - SPYGLASS APRIL 18, 1990 - PAGE 5 8. 9. 10. 11. Units will, in general, screen proposed manufactured slopes but not rise above the horizon nor block existing residential views. The proposed units provide a varied articulated tile roof. The major slopes along Elm and El Camino Real are to be open space lots with easements and will be maintained by a home owners association. The width of drainage benches on slopes are varied to accommodate landscaping for additional visual screening. The required findings to approve the Hillside Development Permit can be made and are contained in the attached resolution for granting that permit. El Camino Real Corridor Development Standards The project is in conformance with the El Camino Real Corridor Development Standards for Area 1 with the exception of the grading standard. That standard limits cut or fill within the setback from El Camino Real to 15 feet from original grade unless a variance to the standard is approved as identified in Section V of the standards. The project complies with all other standards by proposing architecture which meets the Old California/Hispanic design theme, building heights below the 35 foot height limit, and a minimum building setback from El Camino Real of 130 feet where the standard requires only 40 feet. Because of site conditions described previously a deviation to the grading standard is proposed. Practical application of the grading standard is not feasible nor in the interest of good planning practices for this particular site. The following are proposed findings to grant the deviation request: A. B. C. D. The limit of 15 feet of cut or fill is infeasible given the corrective grading required and the public street requirements. The use of set backs, rounded slopes, berms and extensive landscaping will not compromise the scenic qualities of the corridor. All pertinent traffic standards will be met by the project and the deviation will not have an adverse impact on traffic safety. The grading will meet the city’s sight distance requirements. The project as proposed has been designed to meet or exceed the intent of the remaining El Camino Real Corridor Development standards. The proposed exception will actually correct existing topographic deficiencies along El Camino Real. Scenic Corridor Guidelines The project complies with the Scenic Corridor Guidelines. The theme tree, London Plane, is proposed to front El Camino Real and Elm Avenue as well as interior project streets. Two eucalyptus trees (Red-Flowering Gum and Red Ironbark) and a pine tree (Aleppo) have been selected as support trees to help compliment the required theme tree. As mentioned previously the project complies with the goal of enhancing the historical heritage of El Camino Real by contributing to the “California - Spanish - Mission” theme for the corridor. CT 89-26/HDP 89-47/SU. -4-9 - SPYGLASS APRIL 18, 1990 -- PAGE 6 . * Growth Management The proposed project is located within Local Facilities Management Plan Zone 2. The impacts on public facilities created by the project and compliance with the adopted performance standards are summarized below: Facility City Administrative Library Wastewater Treatment Capacity Parks Drainage Circulation Fire Schools Sewer Collection System Water Distribution System Open Space Impact 63.01 sq. ft. 33.62 sq. ft. 3,740 GPD .1260 acres 25.74 CFS (100 yr. Storm) 170 ADT Sta. 1 or 3 Carlsbad Unified 17 EDU’s 3,740 GPD No additional O.S. Req. Comnliance with Standard Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes N/A The project is proposing a density of 2.8 du/acre which is below the Growth Control Point of 3.2 du/acre. A maximum of 19 units can be proposed under the applicable Growth Control Point. Summary The project complies with existing General Plan and Zoning designations for the site and is compatible with adjacent development. Compliance with the Hillside Development Regulations, El Camino Real Corridor Development Standards, Scenic Corridor Guidelines, and Growth Management is obtained by mitigating grading quantities and slope heights permitted to exceed city standards through project design, extensive landscaping, and posting of financial security to guarantee compliance. ENvIRoNMENTALREvlEw The Planning Director has determined that the project could have a significant effect on the environment; however, there will not be a significant effect in this case because the mitigation measures described in the initial study have been added to the project. A Conditional Negative Declaration was issued on March 22, 1990. This decision was based on the findings of the Environmental Assessment, Acoustical Assessment Report, Soils Investigation and Geologic Reconnaissance Report, an Archaeological Survey Report which was reviewed by the Historic Preservation Commission and its findings accepted, and a field survey by staff. Approximately forty percent of the site has been previously disturbed. No comments have been received following publication of the notice declaring that a Conditional Negative Declaration was issued for the project. CT 89-26/HDP 89-47/W, ,/-9 - SPYGLASS APRIL 18, 1990 - PAGE 7 *- ATTACHMENTS 1. 2. 3. 4. 2 7. 8. 9. 10. Planning Commission Resolution No. 3004 Planning Commission Resolution No. 3005 Planning Commission Resolution No. 3006 Planning Commission Resolution No. 3007 Location Map Background Data Sheet Disclosure Form Local Facilities Impacts Assessment Form Historic Preservation Commission Comments Exhibits “A” - “R”, dated April 18, 1990 March 21, 1990 DN:kd CONDITIONAL NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: Southeast comer of the intersection of El Camino Real and Elm Avenue. PROJECT DESCRIPTION: A subdivision to create seventeen (17) residential lots with a minimum lot area of 10,000 square feet and two open space lots totaling 3.6 acres on a 10.4 acre 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 Car&bad. As a result of said review, a Conditional 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 Conditional Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Pahnas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within twenty- one (21) days of date of issuance. DATED: March 22, 1990 CASE NO: CT 89-26/HDP 8947/SUP 89-9 Planning Director APPLICANT: The March Group (Spyglass) PUBLISH DATE: March 22, 1990 DN:lh 2075 Las Palmas Drive - Carlsbad, California 92009-4859 - (619) 438-l 161 ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO. CT 89-26/HDP 89-47/SUP 89-9 DATE: JANUARY 2, 1990 BACKGROUND 1. CASE NAME: SPYGLASS 2. APPLICANT: THE MARCH GROUP 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2979 STATE STREET, Ste. C (619) 729-1121 4. DATE EIA FORM PART I SUBMITTED: AUGUST 30, 1989 5. PROJECT DESCRIPTION: Subdivision of 10.4 acres into 17 residential lots with a minimum area of 10,000 square feet and two onen space lots. ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report or Negative Declaration. * A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. On the checklist, lfiNO" will be checked to indicate this determination. * An EIR must be prepared if the City determines that there is substantial evidence that any aspect of the project may cause a sisnificant effect on the environment. The project may qualify for a Negative Declaration however, if adverse impacts are mitigated so that environmental effects can be deemed insisnificant. These findings are shown in the checklist under the headings "YES-sigtl and 'tYES-insigt' respectively. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. PHYSICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: ‘t ES YES sig) (insig) 1. Result in unstable earth conditions or increase the exposure of people or property to geologic hazards? 2. Appreciably change the topography or any unique physical features? 3. Result in or be affected by erosion of soils either on or off the site? 4. Result in sands, or chanqes in the deposition of beach modification of the 5. river or stream or the bed of any bay, inlet or lake? Result in substantial adverse ambient air quality? channel of a the ocean or effects on 6. Result in substantial changes in air movement, odor, moisture, or temperature? 7. 8. 9. 10. 11. Substantially change the course or flow of water (marine, fresh or flood waters)? Affect the quantity or quality of surface water, ground water or public water supply? Substantially increase usage or cause depletion of any natural resources? Use substantial amounts of fuel or energy? Alter a significant archeological, paleontological or historical site, structure or object? X NO x x x x x x x x x x -2- BIOLOGICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES . (sigl 12. Affect the diversity of species, habitat or numbers of any species of plants (including trees, shrubs, grass, microflora and aquatic plants)? 13. Introduce new species of plants into an area, or a barrier to the normal replenishment of existing species? 14. Reduce the amount agricultural crop or other farmland importance? of acreage of any or affect prime, unique of state or local 15. Affect the diversity of species, habitat or numbers of any species of animals (birds, land animals, all water dwelling organisms and insects? 16. Introduce new species of animals into an area, or result in a barrier to the migration or movement of animals? HUMAN ENVIRONMENT YS F insig) NO x x x x x WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES (sigl 17. Alter the present or planned land use of an area? 18. Substantially affect public utilities, schools, police, fire, emergency or other public services? 19. Result in the need for new or modified sewer systems, solid waste or hazardous waste control systems? 20. Increase existing noise levels? 21. Produce new light or glare? YES (insig) X NO x x x x -3- __ HUMAN ENVIRONMENT WILL TkE PROPOSAL DIRECTLY OR INDIRECTLY: YES (sici) YES (insig) NO 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. Involve a significant risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation)? Substantially alter the density of the human population of an area? Affect existing housing, or create a demand for additional housing? Generate substantial additional traffic? Affect existing parking facilities, or create a large demand for new parking? Impact existing transportation systems or alter present patterns of circulation or movement of people and/or goods? Alter waterborne, rail or air traffic? Increase traffic hazards to motor vehicles, bicyclists or pedestrians? Interfere with emergency response plans or emergency evacuation plans? Obstruct any scenic vista or create an aesthetically offensive public view? Affect the quality or quantity of existing recreational opportunities? x x x x x x x x x x x -4- MANDATORY FINDINGS OF SIGNIFICANCE . YES (sir31 YE ? insig) NO 33. Does the project have the potential to substantially-degrade the quality of the environment, substantially reduce the habitat of a fish or wild- life species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or en- dangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. 34. Does the project have the potential to achieve short-term, to the dis- advantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) x x 35. Does the project have the possible environmental effects which are in- dividually limited but cumulatively considerable? (VICumulatively con- siderable" means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) x 36. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? x -5- DISCUSSION OF ENVIRONMENTAL EVALUATION PHYSICAL ENVIRONMENT 1. - 2. 3. 4. 5. 6. The Soil Investigation and Geologic Reconnaissance prepared for the project by GEOCON INCORPORATED, dated July 1989, concluded that no active faults or indications of active faults were mapped on the site during the field investigation. In addition no landslides or indications of landslides were noted and the potential for landsliding is low. All slopes are proposed at inclinations of 2:l (horizontal to vertical) to provide stability. The project proposes grading of 95 percent of the site totaling 112,000 cubic yards resulting in a balanced grading operation. The site has been disturbed by previous grading activities. Slopes ranging in height from 40 feet to over 70 feet were created by the City's construction of Elm Avenue. There are existing one to one slope along El Camino Real also created by the City to construct that major thoroughfare. These one to one slopes do not meet current City slope standards and require regrading to a minimum 2:l. The corner at Elm Avenue and El Camino Real was graded previously to a level even with the adjacent streets and is 70+/- feet lower than the original topography on site. In total, approximately 40 percent of the site has been disturbed by previous grading. To mitigate the impacts of the proposed grading operation and the creation of slopes over 30 feet in height a Conceptual Landscape Plan and Hillside Mitigation Plan has been prepared. Submittal of a final Landscape and Irrigation Plan in substantial conformance with the conceptual Landscape Plan/Hillside Mitigation Plan for the Planning Director's approval is required prior to the issuance of a grading permit. The applicant is also required to deposit a Certificate of Deposit or Letter of Credit for at least twice the cost of the proposed mitigation and landscaping. In addition to erosion control measures the required landscaping and irrigation systems shall be completed prior to occupancy of any unit within this project. Grading of the site will not create erosion problems as 1:l slopes will be eliminated, extensive landscaping of slopes provided, and required drainage improvements constructed. As a result of the proposed finished grades, drainage improvements, and the site's location, the project will not impact or change the bed of any water body. The project will only generate 170 Average Daily Trips which will contribute incrementally to air contaminants. The proposed grading concept results in the site terracing down from south to north with the properties to the south remaining approximately 20 to 40 feet higher in elevation than adjacent pad elevations of the proposed project. That in addition to the proposed placement of units will maintain air movement. -6- DISCUSSION OF ENVIRONMENTAL EVALUATION PHYSICAL ENVIRONMENT (CONTINUED): 7. Due to the projects location and required erosion control/drainage improvements identified on the tentative tract map no substantial .* change to the course or flow of water is anticipated. 8. 9. 10. 11. The site design and drainage improvements shown on the tentative tract map will prevent the project from significantly affecting the quantity or quality of surface water, ground water or public water supply. The site is bounded on the north and west by two major circulation element roads. Properties to the north, south, east, and west have been developed. Approximately 40 percent of the site has been disturbed by previous grading. Natural resources on the property consist primarily of sage brush which because of adjacent developments is not of high value as wildlife habitat. As a result of the project's relatively small size and close proximity to commercial services it is not anticipated to use substantial amounts of fuel or energy. Since several archaeological sites had been previously discovered in the general vicinity an archaeological survey of the Spyglass Project was required. The survey was conducted by Brian F. Smith and Associates and a report prepared which is dated October 30, 1989. The entire project area was surveyed. The survey of the project did not result in the identification of any cultural resources within the property. Based on the lack of archaeological sites, no further studies or investigations are considered necessary. BIOLOGICAL ENVIRONMENT 12. 13. 14. 15. 16. Approximately 40 percent of the project site has been disturbed by previous grading. Areas of sage brush, chaparral, and grasses exist on the site. Because the project site is surrounded on all sides by developed properties, it does not have a significant value as habitat. There is no evidence that rare or endangered species exist on the project site. The project site is not used for agricultural purposes. Because of its location as well as the residential general plan and zoning designations for the property, it is not viable for agricultural use. As a result of the adjacent development on all sides of the property and the amount of existing site disturbance, the site is not of significant value as wildlife habitat. The project site bordered on all sides by developments is not used by animals for migration. -7- DISCUSSION OF ENVIRONMENTAL EVALUATION (CONTINUED): HUMAN ENVIRONMENT 17. 18. 19. 20. 21. 22. The proposal is consistent with the RLM General Plan Designation and R-A-10,000 zoning designation for the site. The project is in Local Facilities Management Zone 2 and will comply with all public facility requirements of that zone. The proposal will not create a need for new sewer systems other than sewer lines shown on the Tentative Map to serve the proposed dwelling units. Existing noise levels will not be increased significantly by the project. The site is impacted by noise generated along El Camino Real and Elm Avenue. An Acoustical Assessment Report of the Spyglass Project was prepared by Illingworth and Rodkin, Inc. and is dated September 29, 1989. The report concluded that Lots 1, 2, 10, 11, and 12 would exceed the City's noise limits and would result in a significant noise impact if not mitigated. The proposed mitigation measures are depicted on the tentative map. The required mitigation measures are as follows: PROPOSED MITIGATION MEASURES FOR FIRST AND SECOND FLOORS First Floor Second Floor Recommended Recommended Lot Number Measures Measures 1 5' Barrier Not Applicable (includes 3' berm height shown in tentative map) 2 7' Barrier Not Applicable (includes 3' berm height shown in tentative map) 10 4' Barrier Not Required 11 4' Barrier Same As First Floor 12 5' Barrier Same As First Floor The project will not produce new light or glare that will negatively impact adjacent properties. Public Street lights will be installed at locations shown on the tentative map. A significant risk of an explosion or the release of hazardous substances will not be created by this project as it proposes residential uses. -8- - . . DISCUSSION OF ENVIRONMENTAL EVALUATION HUMAN ENVIRONMENT (CONTINUED): 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. The density of the human population of the area will not be altered as the project is within the density range designated for the site by the General Plan Land Use Map. The project will provide additional housing opportunities. The proposal will generate 170 Average Daily Trips with a peak between 4:00 to 6:00 p.m. totaling 17 trips. The amount of traffic generated by the project is not significantly high. The project will provide all required parking in attached garages. The project will improve the existing circulation system by completing the connection of an existing dead end street through to Elm Avenue. No alteration to waterborne, rail or air traffic will occur as a result of this project which is outside the airport influence area and not located in the immediate vicinity of a rail line or body of water. The proposed circulation system meets City engineering standards and sidewalks will be provided so as to not increase traffic hazards to motor vehicles and pedestrians. This residential project will not interfere with emergency response plans as it will provide an additional point of access to an adjacent development. The project will not obstruct a scenic vista and will reduce the height and steepness of several existing slopes. Proposed slopes will be extensively landscaped according to the landscape mitigation plan proposed. Due to the relatively small scale of the project there will be no significant affect on recreational opportunities. -9- ANALYSIS OF VIABLE ALTERNATIVES TO THE PROPOSED PROJECT SUCH AS: a) b) cl d> e) f) 9) a) Phased development of the project, b) alternate site designs, c) alternate scale of development, d) alternate uses for the site, e) development at some future time rather than now, f) alter- nate sites for the proposed, and g) no project alternative. Because the entire site must be graded at one time to implement the project proposal as a result of the existing terrain and the relatively small scale of the project phased development is not feasible nor provide environmental advantages. Alternate site designs would not be substantially different or provide environmental advantages as the alignment of the proposed extension of Appian Road is established by existing roads. The project is proposing less than the maximum number of units allowed by the density established for the site by the General Plan. The proposal complies with the use designated for the site by the General Plan and zoning for single family residences. Development at some future time is not consistent with the land use designations for the site which is surrounded on all sides by developed properties. There are alternate sites for the proposal: however, this is an infill project consistent with the density designated for the property. The no project alternative would maintain the partially disturbed site in its existing condition with no significant environmental advantage. -lO- DETERMINATION (To Be Completed By The Planning Department) On the basis of this initial evaluation: I 'find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. x I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A Conditional Negative Declaration will be proposed. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACTEEPORT is required. /- 4- gc, Date / - /7- 9d Date -ll- LIST MITIGATING MEASURES (IF APPLICABLE) - l.- a) Submittal of a final Landscape and Irrigation Plan in substantial conformance with the Conceptual Landscape . Plan/Hillside Mitigation Plan for the Planning Director's approval is required prior to the issuance of a grading permit. b) Prior to issuance of a grading permit, the applicant shall deposit at a financial institution subject to regulation by the state or federal government, a certificate of deposit or letter of credit made out to the City of Carlsbad or such other security which is acceptable to the City. This document shall be for at least twice the estimated cost of the proposed mitigation and landscaping. If the proposed mitigation and landscaping is not installed in a timely manner, in accordance with the approved plans, the planning director may authorize the utilization of these funds to do the necessary remedial work. Any funds remaining after the completion of this work shall be returned to the applicant. c> In addition to erosion control measures the required landscaping and irrigation systems shown on the approved Landscape and Irrigation Plan shall be completed prior to the occupancy of any unit within this project. 2. The proposed noise mitigation measures recommended in the Acoustical Assessment Report of the Spyglass Project prepared by Illingworth and Rodkin, Inc. dated September 29, 1989, and depicted on the tentative map shall be completed prior to the occupancy of any unit within this project. The required mitigation measures are as follows: PROPOSED MITIGATION MEASURES FOR FIRST AND SECOND FLOORS Lot Number 1 2 10 11 12 First Floor Recommended Measures 5' Barrier (includes 3 I berm height shown in tentative map) 7' Barrier (includes 3 1 berm height shown in tentative map) 4' Barrier 4' Barrier 5' Barrier Second Floor Recommended Measures Not Applicable Not Applicable Not Required Same As First Floor Same As First Floor -12- APPLICANT CONCURRENCE WITH MITIGATING MEASURES 1 THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date DN:lh -13- APPENDIX P C : C c . r ‘( : : . : ; : . . . z: a . E 2 % F: E E v 8 ez ; u-- v)o 3-42 I80 c3 k w 2 LF + 27 Ql*m 8-w E*E? Q) m E” OIOL 0-r .r 0 C&&W rc 0 . EI!f =E mL zw ,Q .h +u -t- c, *wws P “‘- -- c, w L I-r OO+‘E 1 h 85 w% 089 ? my u EYE -r m I 2% 5 U %#I” QEO 530 Yv)c, U3L L” E.? -5.: L n 04 it! 2 -r- c, + w L w-r e .L, -a 5 - v SWODC U E*r ,cz ” ‘L’ gGp’” Ov, -r w c -- w 00 w-e-0 . BACKGROUND DATA SHEET CASE NO: CT 89-26/HDP 89-47/SUP 89-9 * APPLICANT: SPYGLASS REQUEST AND LOCATION: 17 Residential lots with a minimum lot size of 10.000 square feet and 2 open space lots totalinn 3.6 acres on a 10.4 acre site located on the southeast comer of El Camino Real and Elm Avenue. LEGAL DESCRIPTION: A nortion of Lot “J”, Ranch0 Anus Hedionda. in the Citv of Carlsbad. according to Partition MaD No. 823 APN: 167-090-68 Acres 10.4 Proposed No. of Lots/Units 19 lots/l7 units GENERAL PLAN AND ZONING Land Use Designation RLM Density Allowed O-3.2 du/ac Density Proposed 2.8 du/ac Existing Zone R-A-lO.OOCl Proposed Zone N/A Surrounding Zoning and Land Use: Zoning Land Use Site R-A-10.000 Vacant North R-P 81 P-C Bank & Condominiums south R-A-10.000 Single Familv Residences East R-A-10.000 Single Familv Residences West R-A-10,000 Sinnle Familv Residences PUBLIC FACILITIES School District Carlsbad Water Carlsbad Sewer Carlsbad EDU’s lJ- Public Facilities Fee Agreement, Date June 12. 1989 ENVIRONMENTAL IMPACT ASSESSMENT x Negative Declaration, issued March 22. 1990 - E.I.R. Certified, dated Other, DN:kd F.Lv’ in I : ,...trii.. i tu2-u- 1 tE ;‘c7lc1 ; J-IT-xl 11 : lx!l~l ; I;EFH 7 APR-I?- 90 18:17 iJi_lt’,‘-; # 2 ID.>C&y TEL 1.1~ : 6 l’v.~‘E~J?-- d #867 P82 --- - - . : \ .- ‘P 8.2 $ENT 8’fla I 4-i&m 3129PN 1 P406Pe!fa IW 0 . _ 9 . -bm E!?’ rt.y G?f Ci&grlsbae~ t I 018Q108uPa 6TATCMwT ’ , OF CERTAIN OW?‘dCiR@HIP lt&Ri!8T# ON AL APPiJCATlCNg ON MI PMI’ OP Wit Oh-Y ~OUNEIL, OR ANY APPCINTCD - ‘. 1 .a (Pltrrr Prrnlj . 736 folIowIng Inbmatlon mud bm dhlomd: s i I ,4* 4 .# (5 f 1 ii :!r ’ ,; J I’ . ’ UN VI4 name and addrw~r 01 alI prmona h&v& I flnartobt ht@nrt tn the rppl~orlfon, MA- -- -.-~ - . ---... .~. --.-_-... Lht thm namoc find addr#88er ot rll person8 trrvtng my -D DOLPHIN&&jLJ~$ OCRANSIDE a C&J&&& -Asu-4wl ((619) 7674150 , , &I- . .. awnefrhlp lntrrrt! In thcl pfapetty Involved. . . 1.. ILI I- ‘*I 4 if any porron IdMlIlod puoulbt to (1) or (2) abevo It 1 corporrtkn 01 pWtnWhfp, IlIt the namer and add~~ss~8 O! all IndlvldW olmrkg mow thrn 10% Of UM rhrrbo Ifi Mb OO~~OWWI of OWlnO any prrtnwchlp Intotort In thr putnrr8hlp. -- OCEANSIDE, CA 02054 _ PRBSIDBNT . -- If any pmon idont~nrd pummt to (1 or (&) r&v@ ba n@n=prollt ~gmlrrtkn 618 \ruet, Iht NW nrrn8) and 8ddrww ot any perron polyp w o ri car or dltoctor ot the non+rofN or~anlr~tlm oc 110 ltu~lrr or benrllcla~ ot thr tru.1. F.L’” b I : . ..&IJ .1 I ~L~I-IJ~ IEE ,010 ; -!-l~-‘~‘LJ 11: 1l.Wl.l ; !Ikkti + . ~PR-l7-'9Q IQ:18 ID:rEP,r TEL N~:61g~"G4'9--, / ',- s * . . _.a .tJT BYlA 1 rC-18-W 312ml I 24*9+CEPR I * : > fJCltzi+;U 3 #867 P03 ’ . - ; f Dlwloruru 8ulufnun! 4 Prga P f: ,! 6. Have r ou hrd mara thah $lait, worth a( burtM88 trmrratod vdlh my membtr al City rtg?f, Borrd~, Cumm r8lan8, Commlttw lrnd Goti wl(hln thr paa! twake monlhr? YO# - No X It yur, plew kldloate prrron[r) -- - Ikm, OaPrtnmhb, )orftl VMtW, UR#lUlort, raOlal club, fmtwnr) twekw, opdbue, wa 8fd uy 0th~ runty, aby 8f-4 00unry, 0hjt at my ohw @rouP w oombhattm 8ctlng Y I vfdt,’ - I i ! I ,-$! IL ; ) i t ! : \ <I :\ ;: :* k$ .,‘,. $ l? . r. I f .,; ,a.,.; :, .,,’ ‘I ‘! . : .’ ‘,‘ 2 ‘%I . ,“‘; + ..1 : : ,: ,, ,f ! : f’ :, . ;, A, ‘ki :, .’ (” ’ :‘ &Q,TJI Attroh WtUonrf pqar 1s nrorwwy,) 9. i ’ +i@zm? Blgnrturu 01 Owur/d.;r HORACE FELKINS MARCH GROUP, INC. - Ptlnt or typ4 nrm, 01 rpplhl RICHARD B. THERRIEN, PRIMIDBNT DOLPHINE FELKINS 4/Pclq Prht *or type name of owner . ’ , - CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FA(XLlTES MPAC’IS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDEN+ITY AND IMPACT ASSESSMENT: FILE NAME AND NO.: -- 8WZiSJP 89-9 LOCAL FACILITY MANAGEMENT ZONE: 2 GENERAL PLAN: I3.T.M ZONING: P-A-lll,BM DEVELOPER’S NAME-F. MABCH GIX)lJP ADDRESS: 2978 STAI-F STREET: SlJI”m ” cl”,LARCiEM~; CA ‘t~‘cK18 PHONE NO.: 229-1131 ASSESSOR’S PARCEL30 * 167-09n-~ QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 111.4-17 ESTIMATED COMPLETION DATE: A. B. C. D. E. F. G. H. 1. J. K. L. City Administrative Facilities: Demand in Square Footage = Library: Demand in Square Footage = Wastewater Treatment Capacity (Calculate with J. Sewer) Park: Demand in Acreage = Drainage: Demand in CFS = Identify Drainage Basin = (Identify master plan facilities on site plan) Circulation: Demand in ADTs = (Identify Trip Distribution on site plan) Fire: Sewed by Fire Station No. = Open Space: Acreage Provided - Schools: (Demands to be determined by staff) Sewer: Demand in EDUs - Identify Sub Basin - (Identify trunk line(s) impacted on site plan) Water: Demand in GPD - 13fw 35.74(100 yr. storm) ArnR “AD” 170 1 br 8 A/n 17 3A The project is 2 units below the Growth Management Dwelling unit allowance. ATTACHMENT 9 January 16, .1990 TO: ASSOCIATE PLANNER .! FROM: VIA: Senior Management Analyst .;;, ) Acting Housing and Redevelopment Director!'J ARCHAEOIXGICAL SURVEY OF TBE SPYGLASS SUBDIVISION PROJECT At their meeting of January 8, 1990, the Historic Preservation Commission accepted your memo that no cultural resources were identified in the Archaeological Survey of the Spyglass SuPdivision Project. CLINT PHILLIPS :ec c: Don Neu/Project Planner Utllcc d ftrc Ciiy Chk 0 I (We appeal lhe frrllowlng decision of the' P1ann!ns Comiss~~n to tile City Coullcll! I'rrrject llme ltltd IIurbber (or subject oF appeal)! , Spyglass CT 89-26 / HDP 89-47 / SUI’ 89-9 .- Uale of Ueclslcm: ., April X8, 1990 lbasoll TOI- Appeal : The combination of fees and improvements conditioned by the . Planning Commission are too onerous for a single family project of such 8 limited scale (only 17 single family lots). Sop&, -,Lcc I/ ,, -p-&w\ .q * \ r La 73 c2~ab-/-lo~ * 3msT ha/\AA. . ,, SIgnaJure Rich Therrien (for The March Group) Name (Please Prtnt) 1144 Pine Avenue Mdress Carl sbad, CA 92008 (6191 729-1121 Telephone Humbbr , :,*,.I..‘; Mr. Raymond Patchett City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, Ca. 92008 5-22-90 Regarding: Withdrawal of appeal of planning resolution #3005. Dear Mr. Patchett: On 4-3-90 I filed an appeal of planning resolution #3005. Since the filing of the appeal I have had discussions with Mr. Marty Orenyak of the Community Development Department regarding a reimbursement agreement for part of the expense of the traffic signal at Elm and Avenida Anita. This reimbursement agreement along with discussions of the other issues noted in the appeal have now resolved my concerns with the terms of the planning commission decision. Please withdraw my appeal and remove it from the calendar of the City Council hearing tonight. Thank you for your consideration. Richard B. Therrien . Ld/qM@ . President March Group Inc. dba Therrien Development jt\rt :. , (619) 729-1121 2979 STATE STREET l SUITE Cm CARLSBAD, CALIFORNIA 92008 License #362306 -_ h& ‘Lw- ~_ . . -I- ‘hb WD ‘I 3 txer, ‘3 3bY &.ppiPJ cLi& Lu34-q cJk3 -_.- -...- - __-_^___I_-- _..._. -~--- -1 -Carlsbad Journal . I Decreed A Legal Newspaper by the Superior Court of San Diego County Mail all correspondence regarding public notice advertising to North Coast Publishers, Inc. corporate offices: P.O. Box 878, Encinitas, CA 92024 (619) 753-6543 ’ Proof of Publication &r pzp ~pr-:“v*: , q-p. c;~“;;~;; . ..‘.” STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published forthedissemination of locat news and intelligenceof a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of Carlsbad, County of San Diego, c State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: MAY 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19.90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19.... . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . 19.. . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . 19.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19.. . . I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on THE TENTH . * . -_ NOTICE OF PUBLIC HEARING APPEAL CT 89-26/HDP 89-47/SUP 89-9 NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive (Elm Avenue), Carlsbad, California, at 6:00 P.M., on Tuesday, May 22, 1990 to consider an appeal of the Planning Commission approval of a Tentative Tract Map to create 17 residential lots, a Hillside Development Permit, and a Special Use Permit on property generally located on the southeast corner of El Camino Real and Carlsbad Village Drive (Elm Ave.), in the R-A-10,000 Zone and Local Facilities Management Zone 2, and more particularly described as: A portion of Lot "J", Ranch0 Agua Hedionda, in the City of Carlsbad, according to Partition Map No. 823. If you have any questions regarding this matter, please call the Planning Department at 438-1161. If you challenge the Tentative Tract Map/Hillside Development Permit/Special Use Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk's Office at or prior to the public hearing. APPELLANT: Rich Therrien (for The March Group) PUBLISH: May 10, 1990 CARLSBAD CITY COUNCIL SPYGLASS I SUP 89-9 ’ l 1206 ELM AVENUE CARLSBAD, CALIFORNIA 92006 Office ol the Cify Clerk DATE: April 30, 1990 TO: Bobbie Hoder FROM: Karen Kundtz TELEPHONE (619) 434-2808 RE: CT 89-26/HDP 89-47/SUP 89-9 - Spyglass THE ABOVE ITEM HAS BEEN APPEALED TO THE CITY COUNCIL. According to the Municipal Code, appeals must be heard by the City Council within 30 days of the date that the appeal was filed. (REMINDER: The item will not be noticed in the newspaper until the agenda bill is signed off by all parties.) Please process this item in accordance with the procedures contained in the Agenda Bill Preparation Manual. If you have any questions, please call. ---------------------------------------------------------------------------- heduled for the City Council . S-6 46 Date * ’ . . . ’ . ImJ EtM~nvEfNrE cNllsQ/W. CAllJ~uJl~JlA PzOO8 Wlfce cl Jtrc Cily Clod . . Ihe To1 lowing declslon OF the ‘laming Commission to the C I ty Courrc I 1 : PruJetl flsnle a,ld llurrrber (or subject of appeal): , SpygIass CT 89-26 / IiDP 89-47 / SUP 89-9 .” Uale of lleclslwr: ., April 18, 1990 t The corabination of fees and im~rvvements conditioned by the tkasorl l01- nppeal: c Planning COmiSSiOn are too onerous for a single jamily project of such a limited scale (only 17 single family lots). Sow, C,L~~ 1 V --w&q ,q * \ P 0 73 \lrtwL cJ+ 3m5-I / Slgnifture . : Rich Therrien (for The March Group) Name (Please Print) . 1144 Pine Avenue 5 Address klsbad, CA 92008 . (619) 729-1121 le I sphone fluinbbr ‘I. r.:;; ’ ..! , NOTICE OF PUBLIC HEARING ' /jJ\ ch!!‘.rd) w I ?I 0 *NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will * hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive (Elm Avenue), Carlsbad, California, at 6:00 p.m. on Wednesday, April 18, 1990, to. consider approval of a a Tentative Tract Map to create 17 residential lots, a -Hillside Development Permit, and a Special Use Permit, on property generally located on the southeast corner of El Camino Real Corridor Development Standards, located on the southeast corner of El Camino Real and Elm Avenue, in the R-A- 10,000 Zone and Local Facilities Management Zone 2 and more particularly described as: A portion of Lot “J”, Ranch0 Agua Hedionda, in the City of Carlsbad, according to Partition Map No. 823 Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions, please call the Planning Department at 438-1161. If you challenge the Tentative Tract Map/Hillside Development Plan/Special Use Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: CT 89-26/HDP 89-47/SUP 89-9 APPLICANT: SPYGLASS PUBLISH: APRIL 5, 1990 CITY OF CARLSBAD PLANNING COMMISSION ~~--~ ------ ---------.---.----- .’ I CITY OF CARLSBAD 1200 ELMedENUE CARLSBAD, CALIFd, dIA 92008 , l * 4386821 . GbU,&d I% ACCOUNT NO. DESCRIPTION _ AMOUNT .:- RECEIPT NO. 98534 TOTAL 7-M if?&7/~~- (-4gp))J. c;;c - ? / \ ‘_’ L p\,, 5.:-n*‘\ , /‘1/ -+,,& i“’ ? ,-J .“[ ; ( fr I Tc” , #:/;,. /d ,j ,: <, [;r’--c-‘y ‘i . ../. 4-fL p ‘,.” ,,,- I--\;. y.r-2, -* r ~..“- *-_) ,. ..’ +--,! CI, ‘&’ r ; .,$,’ ‘,‘,j!$ 1’ yr _ :‘j, , ! .‘$’ ! L : . ; : 1 ; 1 e L I 1 ! 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