HomeMy WebLinkAbout2007-09-18; City Council; 19172 Attachment; Appeal of City Engineer's Decision Thomas ScottMS 07MS 07--01 SCOTT MINOR 01 SCOTT MINOR SUBDIVISIONSUBDIVISIONResponse to Appeal
IntroductionIntroductionzOn July 18, 2007, City approved Mr. Scott’s two-lot Minor Subdivision on Highland Drive.zAppeal received from adjoining property owner, Mr. Holleran on July 30, 2007.
Project LocationProject LocationScott PropertyHolleran PropertyH ig h la n d D riv e
J a m e s D riv e
ApprovalApprovalzEngineering approved the minor subdivision as it met all City requirements in the:–Subdivision Map Act–Carlsbad Municipal Code–CEQA Guidelines No. 15315–Land Use Element of General Plan–Drainage & other utility requirements–City Storm Water Standards–Engineering Standards
Engineering Issue: Engineering Issue: Appeal Issue # 2Appeal Issue # 2zAppeal issue: MS 07-01 has significant surface water impactzCity Response: MS 07-01 has insignificant storm water impact –Any increase in storm water runoff will be detained on-site.–Conditions of approval: requirement to design adequate detention system during final engineering.–Run-off before the development = Run-off after development
Existing Drainage PatternExisting Drainage PatternScott PropertyHolleran PropertyH ig h la n d D riv e
J a m e s D riv e
E x is tin g
B ro w D itc hExisting
B ro w D itc h
H o lle ra n D riv e w a yHolleran D riv e w a y
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1991 City Approved Plan1991 City Approved PlanScott PropertyHolleran PropertyExisting SpillwayExistingBrow DitchHolleranDrivewayJames DriveHighland DriveExistingBrow Ditch1234
Existing SituationExisting SituationScott PropertyHolleran PropertyBrow Ditch
Existing SituationExisting SituationScott PropertyHolleran PropertySpillwayFrom top looking down
Existing SituationExisting SituationScott PropertyHolleran PropertyHolleran DrivewayLow point - Subject to inundation
Approved MS 07Approved MS 07--01 Tentative Map01 Tentative MapPreliminary Grading PlanPreliminary Grading Planz(show map and highlight exit points and pre and post Q and velocities)Runoff before development = Runoff after developmentDetention systemDetention system
Engineering Issue: Engineering Issue: Appeal Issue # 2Appeal Issue # 2zAppeal Issue: MS 07-01 not categorically exempt per CEQA due to unusual circumstance, Holleran’sexisting driveway not built per City approved plan, DWG 315-5, not adequate to handle major storm event.zCity Response: –CEQA guidelines: categorically exempt if project have no significant impact to the environment. –The amount of storm water run-off before the development is expected to be the same after development, therefore project has no significant impact to existing situation.
Engineering Issue: Engineering Issue: Appeal Issue # 2Appeal Issue # 2zAppeal Issue: Portions of planter area lower than the driveway, project will cause additional drainage/flooding. Cannot be mitigated.zCity response: –The project proposed no increase in run-off, therefore no additional drainage/flooding.–Problem can be mitigated. The driveway owners has the responsibility to fix the existing problem within their property. –Floor elevations are higher than planter area, therefore no flooding of homes is anticipated.
Engineering Issue: Engineering Issue: Appeal Issue # 2Appeal Issue # 2zAppeal Issue: No drainage easement was obtained. zCity response: –Mr. Scott’s property historically drains onto Holleran’s driveway. –The project proposed no increase in run-off and velocity, no additional drainage/flooding is anticipated, therefore no drainage easement is required.
Engineering Issue: Engineering Issue: Appeal Issue # 2Appeal Issue # 2zAppeal Issue: Proposed detention system will not work. zCity response: –The project is in the preliminary stage. Final design details and calculations will be required during the review of final parcel map and final grading plan.
Engineering Issue: Engineering Issue: Appeal Issue # 2Appeal Issue # 2zAppeal Issue: Proposed pipe system has the probability of becoming clogged. zCity response: –Redundant system provided - secondary inlet proposed at the Northeast corner of the lot–Detention system will be designed to capture the increase before entering the secondary inlet–Property owner is responsible for the maintenance of the proposed storm drain system.
New Storm Drain on Highland DriveNew Storm Drain on Highland DriveAScott PropertyHolleran PropertyInletCleanoutCleanout
Engineering Issue: Engineering Issue: Appeal Issue # 6Appeal Issue # 6zAppeal issue: Mr. Holleranbelieves the application violates a National Pollution Discharge Elimination System PermitzCity Response–The project complies with the NPDES Permit and the City of the Carlsbad Urban Storm Water Mitigation Plan.–The temporary stockpile was part of the recent storm drain improvement by the City on Highland Drive and not related to this TMP.Temporary Stockpile
Planning IssuesPlanning Issues
Issues Raised in AppealIssues Raised in AppealzAppeal Issue # 3 - Visual impact to neighboring properties will be significant. –All properties in the surrounding neighborhood are zoned R-1. Any future home on Scott’s Minor Subdivision will be required to follow Zoning standards of the R-1 zone including building height, setbacks and lot coverage.
Issues Raised in AppealIssues Raised in AppealzAppeal Issue # 1: Inconsistencies with Carlsbad Land Use Element specifically with General Plan Policies C.6, C.7 and Objective B.2 of the Residential Section of the General Plan Implementing Policies and Action Programs.
General Plan Land Use Element Land General Plan Land Use Element Land Use Pattern Implementing Policies and Use Pattern Implementing Policies and Action Programs C.6Action Programs C.6zReview the architecture of buildings with focus on ensuring the quality and integrity of design and enhancement of the character of each neighborhood. zThe City has adopted Policy No. 44, Neighborhood Architectural Design Guidelines. Per the guidelines, a new individual single-family residence does not require architecture review.
General Plan Land Use Element Land General Plan Land Use Element Land Use Pattern Implementing Policies and Use Pattern Implementing Policies and Action Programs C.7Action Programs C.7zC.7 contains nine criteria by which to evaluate each development application. Each application needs to be evaluated for development of property with regard to the following specific criteria.
General Plan Land Use Element Land General Plan Land Use Element Land Use Pattern Implementing Policies and Use Pattern Implementing Policies and Action Programs C.7Action Programs C.71) “Site design quality which may be indicated by the harmony of the proposed buildings in terms of size, height and location, with respect to existing neighborhood development.”
General Plan Land Use Element Land General Plan Land Use Element Land Use Pattern Implementing Policies and Use Pattern Implementing Policies and Action Programs C.7Action Programs C.7zThe proposed project is for the minor subdivision of land into single-family residential lots. zThe proposed subdivision complies with development standards of the R-1 Zone and the Subdivision Ordinance.
General Plan Land Use Element Land General Plan Land Use Element Land Use Pattern Implementing Policies and Use Pattern Implementing Policies and Action Programs C.7Action Programs C.7zPresently, there are no building plans on file. zAny development on the lot will be required to comply with the R-1 development standards.zThe R-1 zone provide minimum standards for structure setbacks and maximums for building height and lot coverage which are standard for R-1 Zoned neighborhoods.
General Plan Land Use Element Land General Plan Land Use Element Land Use Pattern Implementing Policies and Use Pattern Implementing Policies and Action Programs C.7Action Programs C.72) “Site design quality which may be indicated by the amount and character of landscaping and screening.”
General Plan Land Use Element Land General Plan Land Use Element Land Use Pattern Implementing Policies and Use Pattern Implementing Policies and Action Programs C.7Action Programs C.7zSingle family homes which are not subject to the Hillside Guidelines or located within the Coastal Zone do not require landscape plans or screening materials. The project is not located on a hillside qualifying site or in the Coastal Zone.
General Plan Land Use Element Land General Plan Land Use Element Land Use Pattern Implementing Policies and Use Pattern Implementing Policies and Action Programs C.7Action Programs C.73) “Site design quality which may be indicated by the arrangement for the site for efficiency of circulation or on site and off site traffic safety, privacy, etc.”
General Plan Land Use Element Land General Plan Land Use Element Land Use Pattern Implementing Policies and Use Pattern Implementing Policies and Action Programs C.7Action Programs C.7zThe front lot takes access off of Highland Drive with a driveway to a garage in the rear yard. zThe panhandle lot, also taking access from Highland Drive, provides adequate area for the vehicle turn around and parking and this will be analyzed at building permit issuance. Vehicles can exit the site in a forward manner and will not be required to back out into a public roadway. zPrivacy is provided by fencing between properties.
General Plan Land Use Element Land General Plan Land Use Element Land Use Pattern Implementing Policies and Use Pattern Implementing Policies and Action Programs C.7Action Programs C.74) “The provision of public and/or private usable open space and/or pathways designated in the Open Space and Park and Recreation Elements.”
General Plan Land Use Element Land General Plan Land Use Element Land Use Pattern Implementing Policies and Use Pattern Implementing Policies and Action Programs C.7Action Programs C.7zAdequate private space is provided through the provision of adequate rear yard and side yard setbacks typical of R-1 Zone.zThe site is not identified on the Open Space and Conservation Map as providing public Open Space opportunities.
General Plan Land Use Element Land General Plan Land Use Element Land Use Pattern Implementing Policies and Use Pattern Implementing Policies and Action Programs C.7Action Programs C.75) “Contributions to and extensions of existing systems of foot or bicycle paths, equestrian trails, and the greenbelts provided for in Circulation, Parks and Recreation and Open Space Elements of the General Plan.”
General Plan Land Use Element Land General Plan Land Use Element Land Use Pattern Implementing Policies and Use Pattern Implementing Policies and Action Programs C.7Action Programs C.7zThe lot does not contain any paths or trails and is not identified as a greenbelt in the Open Space and Conservation Elements. zThe project is conditioned to enter into a Neighborhood Improvement Agreement for the future construction of public improvements, including sidewalks on Highland Drive.
General Plan Land Use Element Land General Plan Land Use Element Land Use Pattern Implementing Policies and Use Pattern Implementing Policies and Action Programs C.7Action Programs C.76) “Compliance with the performance standards of the Growth Management Plan.”
General Plan Land Use Element Land General Plan Land Use Element Land Use Pattern Implementing Policies and Use Pattern Implementing Policies and Action Programs C.7Action Programs C.7zThe project is located in the northwest quadrant in Local Facilities Management Zone 1. zZone 1 is identified as an infill area where public facilities are already in place. zThe project is conditioned to pay impact fees which offset the cost of public facilities. zThe project’s proposed density is at the Growth Management Control Point of 3.2 dwelling units per acre.
General Plan Land Use Element Land General Plan Land Use Element Land Use Pattern Implementing Policies and Use Pattern Implementing Policies and Action Programs C.7Action Programs C.77) “Development proposals which are designated to provide safe, easy pedestrian and bicycle linkages to nearby transportation corridors.”
General Plan Land Use Element Land General Plan Land Use Element Land Use Pattern Implementing Policies and Use Pattern Implementing Policies and Action Programs C.7Action Programs C.7zThis is not relevant to residential infill development of this scale or location.
General Plan Land Use Element Land General Plan Land Use Element Land Use Pattern Implementing Policies and Use Pattern Implementing Policies and Action Programs C.7Action Programs C.78) “The provision of housing affordable to lower and/or moderate income households.”
General Plan Land Use Element Land General Plan Land Use Element Land Use Pattern Implementing Policies and Use Pattern Implementing Policies and Action Programs C.7Action Programs C.7zThe project will pay affordable housing in-lieu fees per the inclusionary housing ordinance which will be used toward the provision of affordable housing before issuance of the building permit.
General Plan Land Use Element Land General Plan Land Use Element Land Use Pattern Implementing Policies and Use Pattern Implementing Policies and Action Programs C.7Action Programs C.79) “Policies and programs outlined in Local Coastal Program where applicable.”
General Plan Land Use Element Land General Plan Land Use Element Land Use Pattern Implementing Policies and Use Pattern Implementing Policies and Action Programs C.7Action Programs C.7zThe project is not within the Coastal Zone and is therefore not subject to the LCP.
Objective B.2 of the Residential Objective B.2 of the Residential Section of the General Plan Section of the General Plan Implementing Policies and Action Implementing Policies and Action ProgramsProgramsz“To preserve the neighborhood atmosphere and identity of existing residential areas.”
Objective B.2 of the Residential Objective B.2 of the Residential Section of the General Plan Section of the General Plan Implementing Policies and Action Implementing Policies and Action ProgramsProgramszThe proposed minor subdivision of a residential lot into two residential lots will preserve the residential character of the existing residential neighborhood.
Issues Raised in AppealIssues Raised in AppealzAppeal Issue # 4:Inappropriate application of the California Environmental Quality Act (CEQA) in that the project should not have been determined categorically exempt.
CEQA issueCEQA issuezCEQA exempt per CEQA Guideline, Article 19, Categorical Exemptions, Section 15315 Minor Land Divisions zClass 15 consists of the division of property in urbanized areas zoned for residential, commercial or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within two years, and the parcel does not have an average slope greater than 20 percent.
CEQACEQAzThe proposed project is the subdivision of land in an urbanized area, as defined in CEQA, zoned for residential use. zThe project is for a two lot subdivision where up to four lots may be exempt. zThe project complies with the General Plan Land Use designation of Residential Low-Medium and meets the Growth Management Control Point of 3.2 dwelling units per acre.
CEQACEQAzThe project complies with the Residential Single-Family Zoning requirements and development standards without the need for any variances or exceptions. zAll public services are available to the subject site and access is available from Highland Drive.
CEQACEQAzThe subject site was not involved in a subdivision within the last two years.zThe property does not have a slope greater than 20 percent.
Issues Raised in AppealIssues Raised in AppealzAppeal Issue # 5:–Mr. Holleran claims that the project does not comply with the City of Carlsbad Subdivision Ordinance.zCity Response–City staff determined that the project complies with City of Carlsbad Subdivision Ordinance and Carlsbad Municipal Code.
Project LocationProject LocationAScott PropertyHolleran Property