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HomeMy WebLinkAbout2009-03-10; City Council; 19742; Rhoades minor coastal development permit appealCITY OF CARLSBAD - AGENDA BILL 12^t^y n AB# 19,742 MTG. 03/10/09 DEPT. PLN RHOADES MINOR COASTAL DEVELOPMENT PERMIT APPEAL - CDP 08-06 M /. DEPT. HEAD W/7?1 CITY ATTY. tUJ CITY MGR. / RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 2009-048 DENYING the appeal and upholding the Planning Commission's decision to DENY the appeal to Planning Commission and uphold the decision of the Planning Director to APPROVE Coastal Development Permit application No. CDP 08-06. ITEM EXPLANATION: The proposed project is for a Minor Coastal Development Permit to allow for the subdivision of a .42 acre single-family residential lot into two minimum 8,343 square foot single-family residential lots, including one panhandle lot, generally located on the south side of Triton Street, west of Black Rail Road, south of Poinsettia Lane, and within the Mello II Segment of the City's Local Coastal Program. On October 15, 2008 the Planning Director approved Minor Coastal Development Permit No. CDP 08-06 (Rhoades Minor Subdivision). A letter of appeal, dated October 25, 2008, was submitted to the Planning Commission within a timely manner. On January 7, 2009, the Planning Commission voted 3-2-2 (Dominguez, Douglas, and Boddy - Deny; Whitton and Montgomery - Approve; Cardosa - Abstain; and Baker - Absent) to deny the appeal. On January 16, 2009, four household neighbors, Mr. and Mrs. Rick and Kristen Conner, Mr. Michael Franchek, Mrs. Sha-Li Lin and Mr. and Mrs. William and Candice Lynn filed a timely appeal of the Planning Commission's decision to City Council. The reasons for the appeal of the Planning Commission decision to deny the appeal to Planning Commission are stated below together with the City's responses: 1. The proposed minor subdivision has a current net square footage on Parcel #2 that is not consistent with past projects and current standards. Additionally, the standard being applied to the proposed subdivision is in direct conflict with [the standards applied to the project proposed on the adjacent parcel (Preliminary Review No. 07-26). DEPARTMENT CONTACT: Shelley Esteybar 760-602-4625 seste@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES D D D D Page 2 City Response: The proposed minor subdivision complies with all of the development standards of the R-1 Zone, Coastal Overlay Zones and Subdivision Ordinance. Parcel #2 (a panhandle lot) has a net buildable area of 8,081 square feet which complies with the 8,000 square feet minimum of the R-1 Zone. The City has historically approved numerous other similar sized panhandle lots within the R-1 Zone. Furthermore, this project was reviewed and approved based upon the same standards of review applicable to the adjacent projects. Consistent with the zoning ordinance, this project's density (4.67 dwelling units/acre) is based upon the proposed number of dwelling units (2) divided by the net developable acreage of the property (.42 acres). The net developable acreage excludes undevelopable lands such as beaches, permanent bodies of water, floodways, natural slopes with an inclination greater than 40%, significant wetlands, significant riparian or woodland habits, lands subject to major power transmission easements, land upon which other significant environmental features as determined by the environmental review process for a project are located, or railroad tracks. The project site does not include any of the above mentioned undevelopable lands. Accordingly the net acreage (.42 acres) used to calculate the project density is correct. 2. The proposed subdivision is not in harmony with the current scheme of the neighborhood and is in conflict with current language in the general plan. City Response: The neighborhood is predominantly developed with single-family residences on single family lots ranging from 7,596 square feet to 71,438.40 square feet in area (see Attachment 7). The proposed lots are smaller in area than some of the other surrounding single family lots; however, the lots are clearly consistent with the applicable R-1 zoning as discussed above. Accordingly, the project preserves the detached single-family neighborhood character while providing a variety of R-1 lot sizes to meet the diverse economic and social demands of residents. The proposed project density (4.76 dwelling units/acre) is above the top of the RLM density range (0-4 dwelling units/acre). However, the General Plan Land Use Element includes a commonly used policy that allows a density increase of 25% above the top of the RLM density range (up to 5 dwelling units/acre) where the zone of the property (R-1) is consistent with the land use designation (which it is in this case). This policy was incorporated into the General Plan to acknowledge that based upon the R-1 Zone's minimum lot size (7,500 sq. ft.), up to 5.8 dwelling units could technically be achieved on a 1 acre RLM designated lot (43,560 sq. ft./7,500 sq. ft. = 5.8 dwelling units). Therefore, the proposed project density (4.76 dwelling units/acre) is consistent with the General Plan. 3. There is currently an injunction being filed on the parcel. The injunction will prevent any further development as it relates to any permanent improvement[s] made in relation to the recorded easement on Parcel # 2, thus making the parcel undividable. City Response: Staff is not aware of any filed injunction. Because the view easement is a private easement between the property owners of the project site and the property owners of the property on Page 3 the southwest corner of Triton Street and Black Rail Road (6575 Black Rail Road, located immediately east of the project site), the City is not required to consider it in their review. The easement was recorded for the purpose of maintaining a western view for the adjacent property directly east of the project site over the southern 15 feet of proposed Parcel # 2. As an aside, the pad elevation of the adjacent lot is approximately 13 feet higher in elevation than the existing view easement area on proposed Parcel # 2. Parcel # 2 includes a fill slope up to 5 feet in height in a portion of this easement. However, because of the 13 foot elevation differential between the two lots, this fill height should not significantly impact the private view of the east adjacent property owners. FISCAL IMPACT: No significant fiscal impacts are anticipated. ENVIRONMENTAL IMPACT: The Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15315 (Minor Land Division) of the State CEQA Guidelines and will not have any adverse significant impact on the environment in that the property is in an urbanized area; zoned for residential; is being subdivided into four or fewer parcels; no variances are needed for the subdivision; all services for the lots are available; the parcel was not part of a larger subdivision within the previous two years; and the parcel does not have an average slope greater than 20 percent. EXHIBITS: 1. City Council Resolution No. 2009-048 . 2. Location Map 3. Planning Commission Resolution No. 6519 4. Planning Commission Staff Report dated January 7, 2009 5. Excerpts of Planning Commission minutes dated January 7, 2009 6. City Council Appeal Receipt/Letter date stamped January 16, 2009 7. Radius Map 8. Private View Easement recorded on September 18, 2007 EXHIBIT 1 1 RESOLUTION NO. 2009-048 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING THE APPEAL AND 3 UPHOLDING THE PLANNING COMMISSION'S DECISION TO DENY THE APPEAL TO PLANNING COMMISSION AND 4 UPHOLD THE PLANNING DIRECTOR'S DECISION TO APPROVE A MINOR COASTAL DEVELOPMENT PERMIT TO 5 ALLOW FOR THE SUBDIVISION OF A .42 ACRE SINGLE- FAMILY RESIDENTIAL LOT ZONED R-1-7.500-Q, INTO TWO 6 MINIMUM 8,343 SQUARE FOOT SINGLE-FAMILY RESIDENTIAL LOTS, INCLUDING ONE PANHANDLE LOT, 7 GENERALLY LOCATED ON THE SOUTH SIDE OF TRITON STREET, WEST OF BLACK RAIL ROAD AND SOUTH OF 8 POINSETTIA LANE WITHIN THE MELLO II SEGMENT OF THE CITY'S LOCAL COASTAL PROGRAM AND WITHIN LOCAL 9 FACILITIES MANAGEMENT ZONE 20. 10 CASE NO.: CDP 08-06 CASE NAME: RHOADES MINOR SUBDIVISION 11 follows: The City Council of the City of Carlsbad, California, does hereby resolve as 12 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 14 Director did, on October 15, 2008, approve with conditions, a Minor Coastal Development Permit for the subdivision of one parcel into two residential lots (CDP 08-06); and WHEREAS, a timely appeal of the Planning Director's decision approving CDP 17 08-06 was filed by Mr. William and Mrs. Candice Lynn, Mr. Lawrence Lin and Mrs. Sha-Li Lin, 18 and Mr. Rick Conner and Mrs. Kristin Conner pursuant to the provisions of the Municipal Code; 19 and 20 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 21 Commission did, on January 7, 2009, hold a duly noticed public hearing as prescribed by law to 22 consider an appeal of the Planning Director's decision to approve a Minor Coastal Development 23 Permit (CDP 08-06); and 24 WHEREAS, after holding a public hearing as required by law and upon hearing 25 and considering all of the testimony and arguments of all persons desiring to be heard, the 26 Planning Commission approved Resolution No. 6519 to deny the appeal to Planning 27" 28 4 1 Commission and uphold the Planning Director's decision to approve Minor Coastal 2 Development Permit No. CDP 08-06; and 3 WHEREAS, a condition was added to Planning Commission Resolution No. 6519 4 (Condition No. 2) to notify future property owner(s) of the project site that this property may be 5 subject to nuisance impacts from the horses located on the surrounding agricultural properties; 6 and 7 WHEREAS, a timely appeal of the Planning Commission's decision was filed with 8 the City Clerk by Mr. William Lynn and Mrs. Candice Lynn; Mr. Rick Conner and Mrs. Kristen 9 Conner; Mr. Michael Franchek, and Mrs. Sha-Li Lin; and 10 WHEREAS, on 3/10/2009 the City Council of the City of Carlsbad, considered 1 1 said appeal; and 12 WHEREAS, upon considering the appeal, the City Council considered all factors relating to the appeal. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1 . That the above recitations are true and correct. 17 2. That said appeal is denied. 1 O10 3. That the findings of the Planning Commission in Resolution No. 6519 on file with the City Clerk and incorporated herein by reference constitute the findings of the City Council in this matter. 20 4. That the private view easement recorded on September 18, 2007 and incorporated herein by this reference is a private agreement made between the owners of the project site and the adjacent property owners located directly east of the project site commonly ~~ known as 6575 Black Rail Road and no known injunction related to this private easement has been filed.23 /// 24 ///25 /// 26 ///27 /// 28 -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 "NOTICE TO APPLICANT" The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the nineteenth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008." PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the IQtbdav of March 2009, by the following vote, to wit: AYES: Council Members Lewis, Kulcbin, Hall, Packard & Blackburn. NOES: None. ABSENT: None. S, Mayor ATTEST: LORRAINE M)WOOD, C^CIerk (SEAL)^ r »* .• . ii R F ^ . •."*/** -3- EXHIBIT 2 NOT TO SCALE SITEMAP Rhoades Minor Subdivision CDP 08-06 EXHIBIT 3 1 PLANNING COMMISSION RESOLUTION NO. 6519 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, DENYING AN APPEAL, PURSUANT TO SECTION 21.54.140 OF THE CARLSBAD 4 MUNICIPAL CODE, AND UPHOLDING A PLANNING DIRECTOR DECISION TO APPROVE A MINOR COASTAL DEVELOPMENT PERMIT TO ALLOW FOR THE 6 SUBDIVISION OF A .42 ACRE SINGLE-FAMILY RESIDENTIAL LOT ZONED R-1-7.500-Q, INTO TWO 7 MINIMUM 8,343 SQUARE FOOT SINGLE-FAMILY RESIDENTIAL LOTS, INCLUDING ONE PANHANDLE LOT, 8 LOCATED ON THE SOUTH SIDE OF TRITON STREET, 9 WEST OF BLACK RAIL ROAD AND SOUTH OF POINSETTIA LANE WITHIN THE MELLO II SEGMENT OF THE CITY'S 10 LOCAL COASTAL PROGRAM AND WITHIN LOCAL FACILITIES MANAGEMENT ZONE 20. CASE NAME: RHOADES MINOR SUBDIVISION CASE NO.: CDP 08-06 13 WHEREAS, Glen Rhoades, "Developer/Owner," has filed a verified application 14 with the City of Carlsbad regarding property described as 15 Parcel 1 of Parcel Map No. 19411, in the City of Carlsbad, 16 County of San Diego, State of California, according to map thereof filed in the office of the County Recorder of San Diego 17 County, January 23,2004 19 18 ("the Property"); and WHEREAS, a Notice of a pending decision dated the 14tn day of August 2008, 20 was sent out in accordance with the Coastal Development Permit Procedures (Title 21 Section 21 21.201.080(6); and 23 WHEREAS, two (2) requests for an administrative public hearing were 24 submitted to the City and an administrative public hearing was held by the Planning Director on 25 the 9th day of September, 2008; and 26 WHEREAS, on the 15tn day of October, 2008 the Planning Director approved 27 Minor Coastal Development Permit - Rhoades Minor Subdivision - CDP 08-06; and 28 WHEREAS, three residents appealed the decision of the Planning Director 2 within the 10-day appeal period prescribed in Section 21.54.140(b); and 3 WHEREAS, the Planning Commission did, on the 7th day of January, 2009,4 c hold a duly noticed public hearing as prescribed by law to consider said appeal; and 6 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the appeal of the Planning Director's approval of Minor 9 Coastal Development Permit - Rhoades Minor Subdivision - CDP 08-06. 10 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 13 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission DENIES THE APPEAL AND UPHOLDS THE DECISION OF THE PLANNING DIRECTOR TO APPROVE RHOADES MINOR 16 SUBDIVISION - CDP 08-06, based on the following findings and conditions: 17 Findings: 18 1. The adopted findings of the Planning Director as set forth in the Planning Director's approval letter dated October 15, 2008 shall also constitute the findings of the Planning Commission and are incorporated herein by this reference. 20 2. A timely appeal of the decision approving CDP 08-06 was filed pursuant to Title 21 Section 21.54.140(b) by Mr. and Mrs. Conner, Mr. and Mrs. Lin, and Mr. and Mrs. ~~ Lynn, three neighbors owning property adjacent to project site. The reasons for the appeal, as stated within the appeal letter submitted by the three families, dated 23 October 25, 2008 and titled CDP 08-06 - Rhoades Minor Subdivision, are listed below under Findings # 3-8, together with the Planning Department's Response. 24 3. Reason for Appeal # 1: j-*J The proposed subdivision is not compatible with the rest of the neighborhood. 27 Planning Department Response: The project is a Minor Coastal Development Permit to allow for the subdivision of a .42 acre site into two single-family lots a minimum of 8,343 square feet in size. The PCRESONO. 6519 -2- surrounding area is developed with predominantly single-family residences on single 2 family lots with the same Residential Low Medium Density (RLM) Land Use Designation and One-Family (R-1-7,500-Q) zoning designations. The surrounding 3 neighborhood consists of a variety of single family lots sizes ranging from 7,596 square feet to 71,438.40 square feet. The project is designed to preserve the single-family ^ detached neighborhood atmosphere and community identity of the existing neighborhood r while providing a variety of housing types and density ranges to meet the diverse economic and social requirements of residents. 6 4. Reason for Appeal # 2: 7 The proposed subdivision is not in line with the General Plan of Carlsbad. The General Plan uses descriptions such as orderly, functionally efficient, aesthetically pleasing, 9 compatible, or in harmony with neighborhood and states that site design should be "indicated by the harmony of proposed buildings in terms of site, height and location, 10 with respect to the existing neighborhood development." * Planning Department Response: 12 The proposed Minor Coastal Development Permit is consistent with the applicable 13 General Plan Land Use designation and is compatible and in harmony with the surrounding neighborhood. 14 The Minor Coastal Development Permit will allow for a subdivision that will create a subtle, yet compatible, variety of lot sizes due to the slightly higher density range (4.76 1 g Dwelling Units/Acre), allowable by the Land Use Element of the General Plan, and will thereby help meet the diverse economic and social requirements of residents and still 17 ensure a cohesive urban form with careful regard for compatibility and retaining the present predominance of single family residences which consists of single-family residential lot sizes ranging from 7,569 square feet to 71,438.40 square feet. The project , n meets the applicable development standards of the One-Family Residential Zone (R-l- 7,500-Q), which is consistent of the neighborhood's development standards and will 20 allow for the design of future single family homes to be in harmony with the neighborhood in terms of site, height and location. 21 5. Reason for Appeal # 3: 23 The proposed panhandle lot is not consistent with designs of other panhandle lots in the area. 24 Planning Department Response: 2/r While the proposed panhandle lot is smaller by 3,078 square feet than an existing panhandle lot directly north of Triton Street, the proposed panhandle lot (Parcel 2) does 27 meet all the panhandle lot development standards under Title 21 Section 21.10.100(D) as demonstrated in the Staff Report under Table B. 28 PCRESON0.6519 -3- 6. Reason for Appeal # 4: 2 The project density is too high. 3 Planning Department Response:4 c The project density is entirely consistent with all applicable density provisions of the Carlsbad General Plan and the RLM Land Use designation. The General Plan Land Use 6 designation for the proposed subdivision is Residential Low-Medium Density (RLM). The Residential Low-Medium Density (RLM) Land Use designation allows residential 7 development at a density range of 0 - 4.0 dwelling units per acre. The RLM Growth Management Control Point (GMCP) is 3.2 dwelling units per acre and is used for the purpose of calculating the City's compliance with Government Code Section 65863. The 9 project site has a net developable acreage of .42 acres and at the RLM GMCP would allow 1.34 units. The proposed project's density is 4.76 dwelling units per acre which is 10 above the GMCP of 3.2 dwelling units per acre and is also above the top of the RLM density range of 0-4 dwelling units per acre. However, there is a provision within the * 1 Land Use Element of the Carlsbad General Plan which specifies, "There are exceptional , ~ cases where the base zone is consistent with the land use designation but would permit a slightly higher yield than that recommended in the low and low-medium density 13 residential classifications. In those exceptional cases, the City may find that the project is consistent with this element if: a) the project is compatible with the objectives, policies, 14 general land uses and programs expressed herein, b) all of the necessary infrastructure is in place to support the project, and c) the proposed density does not exceed the maximum density allowed at the top of the range by more than an additional 25%." 16 The proposed project satisfies the above stated findings as follows: 17 a) As demonstrated in the corresponding Staff Report under Table A, the proposed *° project is compatible with the objectives, policies, general land uses and programs of jo the General Plan. Land Use Element Section III: Goals, Objectives and Implementing Policies & Action Programs. 20 The project is a Minor Coastal Development Permit for a two lot subdivision for 21 single-family residential use with adequate public facilities to serve the two future single-family residences. The surrounding area is developed with predominantly single-family residences on single family lots with the same General Plan and Zoning 23 designations. The project is designed to preserve the single-family detached neighborhood atmosphere and community identity of the existing neighborhood while 24 providing a variety of housing types and density ranges to meet the diverse economic and social requirements of residents. 25 2/r b) The project either incorporates the necessary infrastructure or is conditioned to provide it. 27 c) The maximum density of the RLM designation is 4 dwelling units/acre. The proposed 28 project density is 4.76 dwelling units/acre, which does not exceed the PCRESONO. 6519 -4- maximum density allowed at the top of the range by more than an additional 25% (5 2 dwelling units/acre). 3 7. Reason for Appeal # 5: 4 The following issues have been brought to the Engineering Department's attention, but <- are still not listed [addressed] on the approval letter. Does this plan really meet the Storm Water Management Plan (SWMP) for MS 01-04? There are several storm water 6 management issues, including but not limited to: 7 a. An increase to the amount of impervious area b. Increase of water runoff due to proposed grading c. Cross-lot drainage 9 d. Does not exhibit low impact design 10 Planning Department Response: All Storm Water Management Plan (SWMP) issues, including impervious area, runoff, 12 cross-lot drainage, and Low Impact Design (LID), have been addressed by the Engineering Department through the projects design or conditions of approval for Minor 13 Subdivision application no. MS 08-02. 14 8. Reason for Appeal #6: Inaccurate calculation of buildable square footage. 16 Planning Department Response: 17 The buildable square footage of both proposed lots is calculated accurately. In !° accordance with Title 21 Section 21.10.100(C), in approving a panhandle lot, the , n buildable portion shall be the entire lot exclusive of any portion of the lot less than thirty- five feet in width that is used for access to the lot. 20 In addition, the project meets all residential density requirements under Section 21 21.53.230, in that the project site does not include undevelopable lands, which are excluded from density calculations, such as beaches, permanent bodies of water, floodways, natural slopes with an inclination greater than 40%, significant wetlands, 23 significant riparian or woodland habits, lands subject to major power transmission easements, land upon which other significant environmental features as determined by the 24 environmental review process for a project are located, or railroad tracks. In summary, the project site, excluding the portion of the lot with a width less than 35 feet used for access, is determined as the buildable square footage for Parcel 2, which is 8,081 square 2/r feet. Parcel 1 is not a panhandle lot nor does it have any of the above listed undevelopable lands. Therefore, the net buildable square footage for Parcel 1 is the same 27 as the gross buildable square footage (8,323 square feet). 28 PCRESONO. 6519 -5- Conditions: 2 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the 3 approval of the Final Parcel Map. 1. The adopted conditions of the Planning Director as set forth in the Planning ,- Director's approval letter dated October 15,2008 shall also constitute the conditions of the Planning Commission and are incorporated herein by this reference. 6 2. Prior to the approval of the Final Parcel Map, or the issuance of building permits, 7 whichever occurs first, the Developer shall prepare and record a Notice that this property may be subject to nuisance impacts from the horses located at the surrounding agricultural properties in a form meeting the approval of the Planning 9 Director and City Attorney. 10 NOTICE 11 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, 12 reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If . you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for 15 processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or 16 annul their imposition. 17 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this 19 project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 21 22 23 24 25 26 27 28 PCRESONO. 6519 -6- 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 planning Commission of the City of Carlsbad, California, held on the 7th day of January 2009, by the following vote, to wit: AYES: Commissioners Boddy, Dominguez, and Douglas NOES: Commissioner Montgomery and Chairperson Whitton ABSENT: Commissioner Baker ABSTAIN: Commissioner Cardosa FRANK WHITTON, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PCRESONO. 6519 -7- ty of Carlsbad Planning Department EXHIBIT 4 A REPORT TO THE PLANNING COMMISSION Item No. P.C. AGENDA OF: January 1, 2009 Application complete date: 5/19/08 Project Planner: Shelley Esteybar Project Engineer: Clyde Wickham SUBJECT: CDF 08-06 - RHOADES MINOR SUBDIVISION - Appeal of a Planning Director decision to approve a Minor Coastal Development Permit to allow for the subdivision of a .42 acre single-family residential lot, zoned R-1-7,500-Q, into two minimum 8,343 square foot single-family residential lots, including one panhandle lot, located on the south side of Triton Street, west of Black Rail Road and south of Poinsettia Lane within the Mello II Segment of the City's Local Coastal Program and within Local Facilities Management Zone 20. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 6519 DENYING the appeal and upholding the decision of the Planning Director to APPROVE a Coastal Development Permit application. II.INTRODUCTION Three residents owning properties adjacent to the project site are appealing the decision of the Planning Director to approve a proposed Minor Coastal Development Permit to allow for the subdivision of a .42 acre single-family residential lot into 2 lots. The Planning Director approved the administrative Minor Coastal Development Permit application in that the project is consistent with City's applicable Coastal Development Regulations (Chapters 21.201 and 21.203 of the Carlsbad Municipal Code) as well as all other applicable City ordinances and policies. However, the appeal letter, dated October 25, 2008 argues that not all the applicable City ordinances and policies have been met and that the appeal provides sufficient grounds for a requested action from the Planning Commission. Staff has reviewed and analyzed the comments and concludes that the Planning Director approval should be upheld. Pursuant to CMC Section 21.54.140, whenever the Planning Director is the authorized decision maker, the decision may be appealed to the Planning Commission. The filed appeal shall specifically state the reason or reasons for the appeal and the burden of proof is on the appellant to establish by substantial evidence that the grounds for the requested action exist. The Planning Commission action on an appeal shall be final unless appealed to the City Council. III. PROJECT DESCRIPTION AND BACKGROUND On February 22, 2008 the applicant (Glen Rhoades) applied for a Minor Subdivision (MS 08-02) and a Minor Coastal Development Permit (CDP 08-06) to subdivide a .42 acre R-1-7500-Q zoned lot into two minimum 8,343 square foot single-family residential lots, including one panhandle lot. No houses are proposed at this time and the future homes require the approval of separate Coastal Development Permits prior to construction. The project site is located on theo MINmCDP 08-06 - RHOADES MINOR SUBDIVISION January 7, 2009 Page 2 south side of Triton Street, west of Black Rail Road and south of Poinsettia Lane within the Mello II Segment of the City's Local Coastal Program and within Local Facilities Management Zone 20. The Minor Coastal Development Permit was deemed complete on May 19, 2008. A Notice of Pending Decision, dated August 14, 2008, was sent out in accordance with the Coastal Development Permit Procedures (Title 21 Section 21.201.080(8). The contents of the notice included a statement of a public comment period of at least fifteen working days. Within the comment period any individual is allowed to submit a request for an administrative public hearing before the Planning Director. The Planning Director's decision shall be based upon the requirements of, and shall include specific factual findings supporting whether the project is or is not in conformity with, the certified local coastal program. A Minor Subdivision (MS 08-02) application was processed concurrently with the Minor Coastal Development Permit. The City Engineering Department is the designated lead agency for the Minor Subdivision. Although both the Minor Subdivision and Minor Coastal Development Permit are processed concurrently, they are handled through separate processes. Comments were received within the 15 day noticing period for the Minor Coastal Development Permit (ending September 5, 2008) and two requests for an administrative public hearing were filed. The request was submitted by two surrounding property owners and interested party who had concerns with both the Minor Coastal Development Permit and the Minor Subdivision application. On September 9, 2008, the Planning Department and Engineering Department held a joint administrative public hearing to consider said request. Public testimony was given. After careful consideration of the public testimony given at the administrative hearing, a review of the facts set forth in the application and a review of the application's consistency with the City's applicable Coastal Development Regulations (Chapters 21.201 - 21.205) as well as all other applicable City ordinances and policies, the Planning Director determined that the Minor Coastal Development Permit CDP 08-06 - Rhoades Minor Subdivision met all the findings required for approval and therefore approved the Minor Coastal Development Permit request based on the findings and conditions contained in the Notice of Final Decision dated October 15, 2008 and attached herein by reference (Attachment 7). An appeal letter, dated October 25, 2008 (Attachment 8) was then submitted within the required 10-day appeal period (Title 21 Section 21.54.140(b)). The appellants argue that not all the applicable City ordinances and policies have been met and that the appeal provides sufficient grounds for a requested action from the Planning Commission. Staff has reviewed and analyzed the comments and concludes that the Planning Director's approval should be upheld. Concurrently, a Preliminary Decision letter for the approval of the Minor Subdivision (MS 08- 02) was sent out on October 15, 2008 to the applicant, owners and neighbors within a 600 radius by the City Engineering Department. On October 28th, 2008, the Engineering Department sent out a final letter of approval based on the findings and conditions of approval set forth in the preliminary approval letter. No appeal for the Minor Subdivision was submitted within the 10- day appeal period in accordance with the City of Carlsbad's Subdivisions Ordinance, Title 20 Section 20.24.140(f). However, the approval of the Minor Subdivision is granted subject to the approval of CDP 08-06 and is subject to all conditions in the approval letter for CDP 08-06 dated .0 MINmCDP 08-06 - RHOADES MINDR SUBDIVISION January 7, 2009 Page 3 October 15, 2008 signed by the City of Carlsbad Planning Director (Attachment 7) and will not become effective until a final decision is reached on CDP 08-06. CDP 08-06 Application Timeline February 22, 2008 - Application for CDP 08-06 submitted. May 19, 2008 - Application for CDP 08-06 deemed complete. August 14th, 2008 -Notice of Pending Decision sent out. August 18th & August 22nd - Two requests for an administrative public hearing submitted. September 9, 2008 - Administrative public hearing held. October 15,2008 - Notice of final decision for CDP 08-06 mailed out. October 27,2008 - Appeal letter submitted. IV. ANALYSIS The Minor Coastal Development Permit application is subject to the following plans, ordinances, and standards: A. Residential Low-Medium (RLM) General Plan Land Use Designation; B. One-Family Residential, Qualified Development Overlay Zone (R-1-7,500-Q) (Chapter 21.06 and 21.10 of the Zoning Ordinance); C. Mello II Segment of the Local Coastal Program and the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance); and D. Growth Management Ordinance (Chapter 21.90 of the Zoning Ordinance) and Zone 20 Local Facilities Management Plan. The recommendation to uphold the Planning Director's approval of this project was developed by analyzing the project's consistency with the applicable city regulations and policies. The project's compliance with each of the above regulations is discussed in detail in the sections below. A. Residential Low-Medium (RLM) General Plan Land Use Designation The General Plan Land Use designation for the proposed subdivision is Residential Low- Medium Density (RLM). The Residential Low-Medium Density (RLM) Land Use designation allows residential development at a density range of 0 - 4.0 dwelling units per acre. The RLM Growth Management Control Point (GMCP) is 3.2 dwelling units per acre and is used for the purpose of calculating the City's compliance with Government Code Section 65863. The project site has a net developable acreage of .42 acres and at the RLM GMCP would allow 1.34 units. The proposed project's density is 4.76 dwelling units per acre which is above the GMCP of 3.2 dwelling units per acre and is also above the top of the RLM density range of 0-4 dwelling units per acre. However, there is a provision within the Land Use Element of the Carlsbad General Plan which specifies, "There are exceptional cases where the base zone is consistent with the land use designation but would permit a slightly higher yield than that recommended in the low and low-medium density residential classifications. In those exceptional cases, the City may find that the project is consistent with this element if: a) the project is compatible with the objectives, policies, general land uses and programs expressed herein, b) all of the necessary infrastructure is CDP 08-06 - RHOADES January 7, 2009 Page 4 MINOFR SUBDIVISION in place to support the project, and c) the proposed density does not exceed the maximum density allowed at the top of the range by more than an additional 25%." The proposed project satisfies the above stated findings as follows: a. c. As demonstrated in Table A below, the proposed project is compatible with the objectives, policies, general land uses and programs of the General Plan. Land Use Element Section III: Goals, Objectives and Implementing Policies & Action Programs. The project is a Minor Coastal Development Permit for a two lot subdivision for single- family residential use with adequate public facilities to serve the two future single-family residences. The surrounding area is developed with predominantly single-family residences on single family lots with the same General Plan and Zoning designations. The project is designed to preserve the single-family detached neighborhood atmosphere and community identity of the existing neighborhood while providing a variety of housing types and density ranges to meet the diverse economic and social requirements of residents. The project either incorporates the necessary infrastructure or is conditioned to provide it. The maximum density of the RLM designation is 4 dwelling units/acre. The proposed project density is 4.76 dwelling units/acre, which does not exceed the maximum density allowed at the top of the range by more than an additional 25% (5 dwelling units/acre). TABLE A - GENERAL PLAN LAND USE COMPLIANCE ELEMENT GOALS, OBJECTIVES, IMPLEMENTING POLICIES OR ACTION PROGRAMS COMPLIANCE LAND USE Policy C.I (Overall Land Use Pattern - Implementing Policies & Action Programs) - Arrange land uses so that they preserve community identity and are orderly, functionally efficient, healthful, convenient to the public and aesthetically pleasing. The proposed Minor Coastal Development Permit for the subdivision of a .42 acre site into two single-family residential lots will allow the continued preservation of the single-family community identity. The project has been arranged so that the single- family lots are orderly, functionally efficient, healthful, convenient to the public and aesthetically pleasing through compliance with City's applicable Coastal Development Regulations, as well as all other applicable City ordinances and policies. CDP 08-06 - RHOADES MINOR SUBDIVISION January 7, 2009 PageS TABLE A - GENERAL PLAN LAND USE COMPLIANCE CONTINUED ELEMENT GOALS, OBJECTIVES, IMPLEMENTING POLICIES OR ACTION PROGRAMS COMPLIANCE LAND USE Policy C.3 (Overall Land Use Pattern - Implementing Policies & Action Programs) - To ensure the review of future projects places a high priority on the compatibility of adjacent land uses along the interface of different density categories. The proposed project is a Minor Coastal Development Permit to allow for the subdivision of a .42 acre site into two single-family lots. The surrounding area is predominantly single-family residences on similar sized lots and density (See Attachment 9 for an aerial photo with the lot sizes and densities of the surrounding properties). As such, the proposed project is compatible with adjacent land uses. GROWTH MANAGEMENT Policy C.I (Growth Management & Public Facilities - Implementing Policies & Action Programs) - A City which ensures the timely provision of adequate public facilities and services to preserve the quality of life of residents. Policy C.2 (Growth Management & Public Facilities - Implementing Policies & Action Programs) - Require compliance with the following public facility performance standards, adopted September 23, 1986, to ensure that adequate public facilities are provided prior to or concurrent with development: PUBLIC FACILITY AND SERVICE PERFORMANCE STANDARDS: City Administration Facilities Library Wastewater Treatment Capacity Parks Drainage Circulation Fire Open Space Schools Sewer Collection System Water Distribution System The project has met the requirement for adequate public facilities and services or has been conditioned to meet adequate public facilities and services to preserve the quality of life of the future and surrounding residents (see Attachment 7 - Condition No. 23). The project does comply with the public facility and service performance standards to ensure that adequate public facilities are provided prior to or concurrent with development. Please see Table C below (Growth Management Compliance Table) for further clarification. CDP 08-06 - RHOADES M January 7, 2009 Page 6 INTJF>R SUBDIVISION TABLE A - GENERAL PLAN LAND USE COMPLIANCE CONTINUED ELEMENT GOALS, OBJECTIVES, IMPLEMENTING POLICIES OR ACTION PROGRAMS COMPLIANCE RESIDENTIAL Policy A.I. (Residential - Goals) - A City which provides for a variety of housing types and density ranges to meet the diverse economic and social requirements of residents, yet still ensures a cohesive urban form with careful regard for compatibility while retaining the present predominance of single family residences. The proposed two single- family lots will contribute to providing a variety of housing types and density ranges to meet the diverse economic and social requirements of residents. The project does provide a cohesive urban form with careful regard for compatibility through the design of single-family lots surrounded by single-family lots of similar lot sizes and densities (See Attachment 9). The proposed single-family lots will help retain the present predominance of single-family residences. Policy B.2. (Residential - Objectives) - To preserve the neighborhood atmosphere and identity of existing residential areas. The two proposed single- family lots will preserve the dominant single-family neighborhood atmosphere and identity of the existing single- family residential area. B. One-Family Residential, Qualified Development Overlay Zone (R-l-7,500- Q)(Chapter 21.06 and 21.10 of the Zoning Ordinance) The project meets all of the requirements of the R-1-7,500-Q zoning regulations. All required lot sizes, lot widths, and all panhandle regulations established for the zone have been reviewed for compliance as outlined in Table B below: TABLE B - R-l ZONE DEVELOPMENT STANDARDS STANDARD Lot size Lot Width Buildable Area REQUIRED/ALLOWED 7,500 square feet minimum 60 feet minimum Parcel 1 : 7,500 square feet minimum Parcel 2 (Panhandle Lot): 8,000 square feet minimum in zone districts permitting less than ten thousand square foot lots. PROPOSED Parcel 1 : 8,343 square feet Parcel 2: 8,081 square feet Parcel 1 : 93 feet Parcel 2: 80 feet Parcel 1 : 8,343 square feet Parcel 2: 8,081 square feet MINTJRCDP 08-06 - RHOADES MINOR SUBDIVISION January 7, 2009 Page 7 TABLE B - R-l ZONE DEVELOPMENT STANDARDS CONTINUED STANDARD Panhandle Width Panhandle Length Panhandle paved driveway width for single-family homes REQUIRED/ALLOWED 20 feet minimum 150 max 14 feet minimum PROPOSED 20 feet 90.23 feet 14 feet The yard requirements of the R-1-7,500-Q zone district shall be met for all future homes as required for interior lots. The Tentative Parcel Map, Exhibit "A" dated October 15, 2008 shows the front, side, and rear property lines of the buildable lot, for purposes of determining the required yards. Future homes will require the approval of a separate Coastal Development Permit and compliance with yard/setback requirements will be evaluated at that time. The majority of the drainage from the lot will be channeled down the private access to the public street. All drainage from the site will be handled to the satisfaction of the city engineer. The panhandle lot has the capacity for having three nontandem parking spaces with an approach not less than twenty-four feet in length with proper turnaround space to permit complete turnaround for forward access to the street. The parking and access arrangement for all future homes will be designed and compliance evaluated at the time future Coastal Development Permits are processed for the single family homes. Structures permitted in the access portion of the lot will be limited to mailboxes, fences, trash enclosures, landscape containers and nameplates. Except for mailboxes, the structures shall not be greater than forty-two inches in height if located within twenty feet of the street property line or greater than six feet in height beyond this point. C. Mello II Segment of the Local Coastal Program and the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) The project site is located within the Mello II Segment of the Local Coastal Program and is not in the appeal jurisdiction. The site is also located within and subject to the Coastal Resource Protection Overlay Zone (Chapter 21.203) of the Carlsbad Municipal Code. The project's compliance with each of these programs and ordinances is discussed below: 1. Mello II LCP Segment The subject site has a Mello II LCP Segment Land Use Plan designation of RLM (Residential Low-Medium Density). The projects consistency with the RLM Land Use designation was analyzed in Section A above. The proposed Minor Coastal Development Permit to allow for a two lot subdivision is consistent with the surrounding development of single-family homes. The minor subdivision will not obstruct views of the coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone. No agricultural uses currently exist on the site, nor are there any sensitive resources located on the property. The proposed single- family lots are not located in an area of known geologic instability or flood hazard. Since the site CDP 08-06 - RHOADES January 7, 2009 PageS MINOF>R SUBDIVISION is not located in close proximity to the coast, no public opportunities for coastal shoreline access are available from the subject site. The single-family residentially designated site is not suited for water-oriented recreation activities. 2.Coastal Resource Protection Overlay Zone The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban run off, pollutants and soil erosion. No development is proposed in areas of steep slopes (coastal bluff) and no native vegetation is located on the subject property. The site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. The project meets the requirements of the Minor Coastal Development Regulations in that: a) The total cost of the proposed development (subdivision of a .42 acre site into two lots) is less than $60,000; b) That the proposed development requires no discretionary approvals other than a Minor Coastal Development Permit; and c) That the development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act, in that the properties are not located adjacent to the shore and therefore the project will not interfere with the public's right to physical access to the ocean, nor are public recreation areas required of the project. D. Growth Management The project is subject to the provisions of the Growth Management Ordinance, as contained in Chapter 21.90 of the Zoning Ordinance. The project's conformance with the requirements of the Growth Management regulations is detailed in Table C below: TABLE C - GROWTH MANAGEMENT COMPLIANCE STANDARD City Administration Library Waste Water Treatment Park Drainage Circulation Fire School Districts (Carlsbad Unified) Sewer (Carlsbad) Water (Carlsbad) IMPACTS/STANDARDS 6.95 sq. ft. 3.71 sq. ft. 2EDU .01 acre 2 CFS / Drainage Basin "D" 20ADT Station No. 2 Elementary = 0.300 Middle School = 0.1 15 High School = 0.0951 2EDU 440 GPD COMPLY N/A N/A Yes N/A Yes Yes Yes Yes Yes Yes IINmCDP 08-06 - RHOADES MINOR SUBDIVISION January 7, 2009 Page 9 The project site is located within Local Facilities Management Zone 20. There are no special conditions or requirements within the Zone 20 Local Facilities Management Plan that apply to this single-family residential project. However the project is conditioned to pay the appropriate public facility fees, water and sewer connection fees, traffic impact fees, and school fees. All facility improvements necessary to accommodate the development will be in place prior to, or concurrent with development. Therefore, the project is consistent with the Zone 20 Local Facilities Management Plan. The proposed project is .66 units above what the Growth Management Control Point density for the RLM designated property would allow, and therefore .66 dwelling units will be withdrawn from the City's Excess dwelling unit bank. V. RESPONSE TO LETTER OF APPEAL On October 27, 2008, a timely appeal of the decision approving CDP 08-06 was filed pursuant to Title 21 Section 21.54.140(b) by Mr. and Mrs. Conner, Mr. and Mrs. Lin, and Mr. and Mrs. Lynn, three neighbors owning property adjacent to project site. The reasons for the appeal, as stated within the appeal letter submitted by the three families, dated October 25, 2008 and titled CDP 08-06 - Rhoades Minor Subdivision, are listed below together with the Planning Department's Response: 1. The proposed subdivision is not compatible with the rest of the neighborhood. Planning Department Response: The project is a Minor Coastal Development Permit to allow for the subdivision of a .42 acre site into two single-family lots a minimum of 8,343 square feet in size. The surrounding area is developed with predominantly single-family residences on single family lots with the same Residential Low Medium Density (RLM) Land Use Designation and One-Family (R-l- 7,500-Q) zoning designations. The surrounding neighborhood consists of a variety of single family lots sizes ranging from 7,596 square feet to 71,438.40 square feet. The project is designed to preserve the single-family detached neighborhood atmosphere and community identity of the existing neighborhood while providing a variety of housing types and density ranges to meet the diverse economic and social requirements of residents (See Attachment 9). 2. The proposed subdivision is not in line with the General Plan of Carlsbad. The General Plan uses descriptions such as orderly, functionally efficient, aesthetically pleasing, compatible, or in harmony with neighborhood and states that site design should be "indicated by the harmony of proposed buildings in terms of site, height and location, with respect to the existing neighborhood development." Planning Department Response: The proposed Minor Coastal Development Permit is consistent with the applicable General Plan Land Use designation and is compatible and in harmony with the surrounding neighborhood. MINORCDP 08-06 - RHOADES MINOR SUBDIVISION January 7, 2009 Page 10 The Minor Coastal Development Permit will allow for a subdivision that will create a subtle, yet compatible, variety of lot sizes due to the slightly higher density range (4.76 Dwelling Units/Acre), allowable by the Land Use Element of the General Plan, and will thereby help meet the diverse economic and social requirements of residents and still ensure a cohesive urban form with careful regard for compatibility and retaining the present predominance of single family residences which consists of single-family residential lot sizes ranging from 7,596 square feet to 71,438.40 square feet. The project meets the applicable development standards of the One-Family Residential Zone (R-1-7,500-Q), which is consistent of the neighborhood's development standards and will allow for the design of future single family homes to be in harmony with the neighborhood in terms of site, height and location. 3. The proposed panhandle lot is not consistent with designs of other panhandle lots in the area. Planning Department Response: While the proposed panhandle lot is smaller by 3,078 square feet than an existing panhandle lot directly north of Triton Street, the proposed panhandle lot (Parcel 2) does meet all the panhandle lot development standards under Title 21 Section 21.10.100(D) as demonstrated in Table B. 4. The project density is too high. Planning Department Response: This issue is addressed above in IV Analysis, Section A. The project density is entirely consistent with all applicable density provisions of the Carlsbad General Plan and the RLM Land Use designation. 5. The following issues have been brought to the Engineering Department's attention, but are still not listed [addressed] on the approval letter. Does this plan really meet the Storm Water Management Plan (SWMP) for MS 01-04? There are several storm water management issues, including but not limited to: a. An increase to the amount of impervious area b. Increase of water runoff due to proposed grading c. Cross-lot drainage d. Does not exhibit low impact design Planning Department Response: All Storm Water Management Plan (SWMP) issues, including impervious area, runoff, cross- lot drainage, and Low Impact Design (LID), have been addressed by the Engineering Department through the projects design or conditions of approval for Minor Subdivision application no. MS 08-02. 6. Inaccurate calculation of buildable square footage. MINTJRCDP 08-06 - RHOADES MINOR SUBDIVISION January 7, 2009 Page 11 Planning Department Response: The buildable square footage of both proposed lots is calculated accurately. In accordance with Title 21 Section 21.10.100(C), in approving a panhandle lot, the buildable portion shall be the entire lot exclusive of any portion of the lot less than thirty-five feet in width that is used for access to the lot. In addition, the project meets all residential density requirements under Section 21.53.230, in that the project site does not include undevelopable lands, which are excluded from density calculations, such as beaches, permanent bodies of water, floodways, natural slopes with an inclination greater than 40%, significant wetlands, significant riparian or woodland habits, lands subject to major power transmission easements, land upon which other significant environmental features as determined by the environmental review process for a project are located, or railroad tracks. In summary, the project site, excluding the portion of the lot with a width less than 35 feet used for access, is determined as the buildable square footage for Parcel 2, which is 8,081 square feet. Parcel 1 is not a panhandle lot nor does it have any of the above listed undevelopable lands. Therefore, the net buildable square footage for Parcel 1 is the same as the gross buildable square footage (8,323 square feet). VI. ENVIRONMENTAL REVIEW The Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15315 (Minor Land Division) of the State CEQA Guidelines and will not have any adverse significant impact on the environment in that the property is in an urbanized area; zoned for residential; is being subdivided into four or fewer parcels; no variances are needed for the subdivision; all services for the lots are available; the parcel was not part of a larger subdivision within the last two years; and the parcel does not have an average slope greater than 20 percent. ATTACHMENTS: 1. Planning Commission Resolution No. 6519 2. Location Map 3. Local Facilities Impacts Assessment Form 4. Background Data Sheet 5. Disclosure Statement 6. Reduced Exhibit 7. Planning Director's approval letter, dated October 15, 2008 for CDP 08-06 8. Appeal Letters dated October 25, 2008 9. Aerial Photo with surrounding land uses & lot sizes 10. Exhibit "A" dated October 15, 2008 SITEMAP NOT TO SCALE Rhoades Minor Subdivision CDP 08-06 CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Rhoades Minor Subdivision - CDP 08-06 LOCAL FACILITY MANAGEMENT ZONE: 20 GENERAL PLAN: RLM ZONING: R-l-7.500-0 DEVELOPER'S NAME: Glen Rhoades ADDRESS: 3594 Evening Canyon Rd. Oceanside, CA 92056 PHONE NO.: 760-692-4100 ASSESSOR'S PARCEL NO.: 215-070-39 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): .42 Acres ESTIMATED COMPLETION DATE: January 2009 A. B. C. D. E. F. G. H. I. J. K. L. City Administrative Facilities: Library: Demand in Square Footage = 6.95 Demand in Square Footage = 3.71 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 ADT = (Identify Trip Distribution on site plan) 2EDU .01 20 D 20 ADT Fire: Open Space: Schools: Carlsbad Unified Sewer: Water: Served by Fire Station No. = 2_ Acreage Provided =N/A Demands in EDU Identify Sub Basin = Demand in GPD = Elementary = 0.3 00 Middle School = 0.115 High School = 0.0951 2 EDU N/A 440 The project is .66 units above the Growth Management Dwelling unit allowance and therefore .66 dwelling units will be withdrawn from the dwelling unit bank. BACKGROUND DATA SHEET CASE NO: CDP 08-06 CASE NAME: RHOADES MINOR SUBDIVISION APPLICANT: Hoffman Planning and EngineerinR REQUEST AND LOCATION: A Minor Coastal Development Permit to allow for the subdivision of a .42 acre single-family residential lot into two minimum 8,343 square foot single- family residential lots, including one panhandle lot located on the south side of Triton Street, east of Black Rail Road and south of Poinsettia Lane. LEGAL DESCRIPTION: Parcel 1 of Parcel Map No. 19411, in the City of Carlsbad. County of San Diego, State of California, according to map thereof filed in the office of the County Recorder of San Diego County, January 23, 2004. APN: 215-070-39 Acres: .42 Proposed No. of Lots/Units: 2 GENERAL PLAN AND ZONING Existing Land Use Designation: Residential Low-Medium (RLM) Proposed Land Use Designation: N/A Density Allowed: 5 DU/A Density Proposed: 4.76 DU/A Existing Zone: R-l-7,500-0 Proposed Zone: N/A Surrounding Zoning, General Plan and Land Use: General Plan Current Land Use Site R-l-Q RLM Vacant North R-l RLM Single-Family Residence South R-l-Q RLM Vacant East R-l-Q RLM Single-Family Residence West L-C RLM Single-Family Residence LOCAL COASTAL PROGRAM Coastal Zone: [X] Yes | | No Local Coastal Program Segment: Mello II Within Appeal Jurisdiction: | | Yes [X] No Coastal Development Permit: [Xl Yes | | No Local Coastal Program Amendment: | | Yes [X] No Existing LCP Land Use Designation: RLM Proposed LCP Land Use Designation: N/A Existing LCP Zone: R-l-Q Proposed LCP Zone: N/A Revised 01/06 , _ f) PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 2 EDU ENVIRONMENTAL IMPACT ASSESSMENT Categorical Exemption, Minor Land Division Article 19, Class 15, Section 15315 Negative Declaration, issued N/A | | Certified Environmental Impact Report, dated N/A D Other, N/A Revised 01706 City of Carlsbad PJ an nln g_D e p ar tm e n t DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal... Your project cannot be reviewed until this information is completed. Please print. nty^city; mUnicipality, district or igenis"may/sten; ifiisi-dpcd^ ow TOYidetfillOT^^ , , -.,- , owner must be APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/Part Title Title Address Address 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership^ interest in the property involved. Also, provide the nature of the legal ownership {i.e. partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLJCABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person C? "&} t<-m>+*Ot% Corp/Part Title Qt^'AAS' Title Address V £V-W\*z j^a Address, 1635 Faraday Avenue • Carlsbad, CA 92008-7314 » {760} 602-4600 • FAX (760) 602-8559 • www.ci.cartsbad.ca.us COPY 3.NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust Title Non Profit/Trust, Title Address Address 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? [ I Yes [X.I No If yes, please indicate person(s}:_ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. .. f _ Signature of owner/date Signature of applicant/date K /] Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 12/06 Page 2 of 2 "7 '! "A VICINITY MAP 4 MS 08-02 / CDP 08-06 .TENTATIVE PARCEL MAP Q ' A / LEGEND k/--.. - ^ PRIVATE DRIVEWAY (PROPOSED) TYPICAL SECTIONnor TO sc*ie t ^ --—"pz^-ir^fr^;- - -i +r ' PUBLIC UTUTE8 AND DBTHCTB ?; 41 •^ -W ni, 1 JO- w sr »• «.'«• 01- • «-ttr tic -«_ BLACK RAI. ROAD (EXETt4Q) •nrPCAL 8ECTK3Nwor fo sour s c. ITJ i,§:o X ; COPY FILE COPY City of Carlsbad "°8 g^—-— • i •• "~WBP**B*tt]&BfMBfHHBtftfBBHfH*Hi^^^^i^^m^^^m^m&i^^^^^^^^Rla n riing Department MINOR COASTAL DEVELOPMENT PERMIT NOTICE OF DECISION October 15, 2008 Hofman Planning & Engineering Attn: Michelle Alves 3152 Lionshead Avenue Carlsbad, CA 92010 SUBJECT: CDP 08-06 -RHOADES MINOR SUBDIVISION The Planning Director has completed a review of the application for a Minor Coastal Development Permit for a proposed minor subdivision of a .42 acre single-family residential lot, zoned R-1- 7,500, into two minimum 8,343 square foot single-family residential lots, including one panhandle lot, located on the south side of Triton Way, west of Black Rail Station Road and south of Poinsettia Lane within the Mello II Segment of the City's Local Coastal Program and within Local Facilities Management Zone 20 (APN 215-070-39). A notice was sent to property owners and occupants within a 100' radius of the subject property requesting comments regarding the above request. Comments were received within the 15 day noticing period (ending September 5, 2008) and a request for an Administrative Hearing was filed. On September 9, 2008, the Planning Department held an Administrative Hearing to consider said request. Public testimony was given. After careful consideration of the public testimony given at the Administrative Hearing, a review of the facls set forth in the application and a review of the application's consistency with the City's applicable Coastal Development Regulations (Chapters 21.201 - 21.205) as well as all other applicable City ordinances and policies, the Planning Director has determined that the project CDP 08-06 - Rhoades Minor Subdivision meets all the findings required for approval of a Minor CoastaJ Development Permit and therefore APPROVES this request based on the following findings and conditions: Findings: 1. That the total cost of the proposed development (subdivision, of a .42 acre site into two lots) is less than $60,000. 2. That the proposed development requires no discretionary approvals other than a Minor Coastal Development Permit. 3. That the development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act, in that the properties are not located adjacent to the shore and therefore the project will not interfere with the public's right to physical access to the ocean, nor are public recreation areas required of the project. 4. The project is not located in the Coastal Agricultural Overlay Zone, according to Map X of the Local Coastal Program Mello II Segment Land Use Plan, certified September 1990 and, 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us JR '.V 08-06 - RHOADES MINOR SUBDIVISION October 15, 2008 Page 2 therefore, is not subject to the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance). 5. The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban runoff, pollutants, and soil erosion. No steep slopes or native vegetation is located on the subject property and the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods, or liquefaction. 6. That the request for a Minor Coastal Development Permit was adequately noticed from August 15, 2008 to September 5, 2008, at least fifteen (15) working days before the date of this decision pursuant to Section 21.201.080(6) and (C) of the Carlsbad Coastal Development Regulations. 7. Two requests for an Administrative Hearing were received and an Administrative Hearing was held by the Planning Department on September 9, 2008. 8. That the proposed development is in conformance with the Mello II Segment of the Certified Local Coastal Program and all applicable policies in that the site is designated and zoned for single-family residential- development and the project consists of the minor subdivision of an existing R-1-7500 zoned single-family residential lot into two single- family residential lots with a minimum lot size of 8,343 sq. ft., including one panhandle lot. The development is consistent with the Mello II Land Use designation of Residential - Low Medium Density (RLM) as discussed below; no agricultural activities, sensitive resources, geological instability, flood hazard or vertical coastal access opportunities exists onsite and the development does not obstruct views of the coastline as seen from public lands or public right-of-way or otherwise damage the visual beauty of the coastal zone. 9. The Residential Low-Medium Density (RLM) Land Use designation allows residential development at a density range of 0 - 4.0 dwelling units per acre. The RLM Growth Management Control Point (GMCP) is 3.2 dwelling units per acre and is used for the purpose of calculating the City's compliance with Government Code Section 65863. The project site has a net developable acreage of .42 acres and at the RLM GMCP would allow 1.34 units. The proposed project's density is 4.76 dwelling units per acre which is above the GMCP of 3.2 dwelling units per acre and is also above the top of the RLM density range of 0-4 dwelling units per acre. However, there is a provision within the Land Use Element of the Carlsbad General Plan which specifies, "There are exceptional cases where the base zone is consistent with the land use designation but would permit a slightly higher yield than that recommended in the low and low- medium density residential classifications. In those exceptional cases, the City may find that the project is consistent with this element if: a) the project is compatible with the objectives, policies, general land uses and programs expressed herein, b) all of the necessary infrastructure is in place to support the project, and c) the proposed density does not exceed the maximum density allowed at the top of the range by more than an additional 25%." The proposed project satisfies the above stated findings as follows: a. The proposed project complies with the Land Use Element Section III: Goals, Objectives and Implementing Policies & Action Programs, Overall CDP 08-06 - RHOADES MINOR SUBDIVISION October 15, 2008 Page 3 Land Use Pattern (C.3), Growth Management & Public Facilities (C.1 & C.2) and Residential (A.1 & B.2). The project is a two lot subdivision for single- family residential use with adequate public facilities to serve the two future single-family residences. The surrounding area is developed with predominantly single-family residences on single family lots with the same General Plan and zoning designations. The project is designed to preserve the single-family detached neighborhood atmosphere and community identity of the existing neighborhood while providing a variety of housing types and density ranges to meet the diverse economic and social requirements of residents. b. The project either incorporates the necessary infrastructure or is conditioned to provide it c. The maximum density of the RLM designation is 4 dwelling units/acre. The proposed project density is 4.76 dwelling units/acre, which is less than the additional 25% maximum density allowed (5 dwelling units/acre) above the top of the range. 10. That the project will provide sufficient additional public facilities, in the form of development fees, for the density in excess of the control point to ensure that the adequacy of the City's public facility plans will not be adversely impacted. 11. That there have been sufficient developments approved in the southwest quadrant at densities below the control point to offset the units in the project above the control point so that approval will not result in exceeding the quadrant limit. 12. That 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, in that the proposed subdivision meets all development standards for the creation of a panhandle and a standard lot in terms of access, minimum lot size, lot width and setbacks. As discussed in #8 above, the proposed subdivision is consistent with the RLM General Plan Land Use designation. 13. The project is consistent with all City public facility policies and ordinances, and with Title 21 of the City's Municipal Code. 14. That the property cannot be served adequately with a public street without a panhandle lot due to unfavorable conditions resulting from unusual topography, surrounding land development, or lot configuration, in that the lot Is arranged in such a way that access to the rear lot would not be possible without a panhandle configuration. . 15. That subdivision with a panhandle lot will not preclude or adversely affect the ability to provide full public street access to other properties within the same block of the subject property, in that adequate access exists to service both proposed lots and this access does not compromise access to any other lot within the same block. 16. That the buildable portion of the panhandle lot consists of 8;081 square feet, which meets the minimum requirement of 8,000 square feet minimum, Section 21.10.100(D)(1) of the Carlsbad Municipal Code. 17. That any panhandle lot hereby approved satisfies all the requirements of Section 21,10.100(0) of the Carlsbad Municipal Code in that: CDP 08-06 - RHOADES MINOR SUBDIVISION October 15, 2008 Page 4 a. The buildable area (8,081 sq. ft.) is greater than 8,000 square feet in an R-1-7,500 zone district permitting less than ten thousand square foot minimum lots; b. The width required for the buildable portion of the lot (80 ft.) is greater than sixty feet, which is required for lots located in the R-1-7,500 zone district; c. The yard requirements of the R-1-7,500 zone district shall be met for all future homes as required for Interior lots; d. The length of the portion of the lot (90.23 ft.) fronting on a public street afforded access to the buildable lot is not greater than one hundred fifty feet; e. The width of the portion of .the lot fronting on a public street has a width of twenty feet; f. The width of the improved driveway providing access from trie street to the parking area on the buildable lot for a single-family development is fourteen feet wide; g. Drainage from the lot will be channeled down the private access to a public street or special drainage, provided to the satisfaction of the city engineer, h. The panhandle lot has the capacity for having three nontandem parking spaces with an approach not less than twenty-four feet in length with proper turnaround space to permit complete turnaround for forward access to the street. The parking and access arrangement for all future homes will be designed to the satisfaction of the city engineer; i. Structures permitted in the access portion of the lot will be limited to mailboxes, fences, trash enclosures, landscape containers and nameplates. Except for mailboxes, the structures shall not be greater than forty-two inches in height if located within twenty feet of the street property line or greater than six feet in height beyond this point; and j. The property owner of such a lot shall agree to hold the city or any other public service agency harmless from liability for any damage to the driveway when being Used to perform a public service. 18. That the front, side, and rear property lines of the buildable lot, for purposes of determining required yards, are shown on the approved tentative parcel map. 19. The property is not subject to a contract entered into pursuant to the Land Conservation act of 1965 (Williamson Act). 20. That the Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15315 (Minor Land Division) of the State CEQA Guidelines and will not have any adverse significant impact on the environment in that the property is in an urbanized area; zoned for residential; Is being subdivided into four or fewer parcels; no variances are needed for the subdivision; all services for the lots are available; the parcel was not part of a larger subdivision within the last two years; and the parcel does not have an average slope greater than 20 percent. 21. The project is consistent with the Citywide Facilities and Improvements Plan, the Local Facilities Management Plan for Zone 20 and all City public facility policies and ordinances. The project includes elements or has been conditioned to construct or provide funding to ensure that all facilities and improvements regarding sewer collection and treatment; water; drainage; circulation; fire; schools; parks and other recreational facilities; libraries; government administrative facilities; and open space, related to the project will be installed to serve new development prior to or concurrent with need. Specifically, CDP 08-06 - RHOADES MINOR SUBDIVISION October 15, 2008 Page 5 a. The project has been conditioned to provide proof from the Carlsbad Unified School District that the project has satisfied its obligation for school facilities. b. Park-in-lieu fees are required by Carlsbad Municipal Code Chapter 20.44, and will be collected prior to issuance of building permit. c. The Public Facility fee is required to be paid by Council Policy No. 17 and will be collected prior to the issuance of building permit. d. The Local Facilities Management fee for Zone 20 is required by Carlsbad Municipal Code Section 21.90.050 and will be collected prior to issuance of building permit. 22. The Planning Director has reviewed each of the exactions imposed on the Developer contained in this Notice of Decision, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. Conditions: NOTE: Unless otherwise specified herein, all conditions shall be satisfied prior to the approval of the Final Parcel Map. 1. Approval is granted for Minor Coastal Development Permit, CDP 08-06 for the project entitled Rhoades Minor Subdivision (Exhibit A), dated October 15, 2008, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. If any of the following conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Minor Coastal Development Permit. 3. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Minor Coastal Development Permit documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 4. The Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 5. 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 66020. 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. CDP 08-06 - RHOADES MINOR SUBDIVISION October 15, 2008 PaqeS 6. The Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Minor Coastal Development Permit, (b) City's approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby. 7. Prior to final map approval, the property owners shall enter into an agreement to hold the City or any other public service agency harmless from liability for any damage to the driveway when being used to perform a public service, subject to Planning Director and City Attorney approval. 8. Prior to the issuance of a building permit, the Developer shall provide proof to the Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 9. Developer shall submit to the Planning Director a reproducible 24" x 36," Mylar copy of the Tentative Map reflecting the conditions approved by the final decision-making body. 10. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 20 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 11. This approval is granted subject to the approval of MS 08-03 and is subject to all conditions contained in the approval letter for MS 08-03 signed by the City of Carlsbad City Engineer incorporated herein by reference. 12. This approval shall become null and void if a Final Parcel Map is not recorded for this project within 24 months from the date of approval of MS 08-03. 13. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect shall be placed on the Final Map. 14. Prior to the approval of the Final Parcel Map, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors In interest that the City of Carlsbad has issued a Minor Coastal Development Permit and a Minor Subdivision on the property. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Assistant Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. CDP 08-06 - RHOADES MINOR SUBDIVISION October 15, 2008 Page? Standard Code Reminders: 15. Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provided herein. 16. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code Section 18.04.320. 17. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, Developer shall apply for and obtain approval from, the; City Engineer for the proposed haul route. 18. The panhandle lot shall provide three nontandem parking spaces with an approach not less than twenty-four feet in length with proper turnaround space to permit complete turnaround for forward access to the street. The parking and access arrangement will be designed to the satisfaction of the city engineer. 19. Structures permitted in the access portion of the panhandle lot shall be limited to mailboxes, fences, trash enclosures, landscape containers and nameplates. Except for mailboxes, the structures shall not be greater than forty-two inches in height if located within twenty feet of the street property line or greater than six feet in height beyond this point. 20. Prior to final map approval, the property owners shall enter into an agreement to hold the City or any other public service agency harmless from liability for any damage to the driveway when being used to perform a public service, subject to Planning Director and City Attorney-approval. 21. The buildable portions of the panhandle lot shall include all portions of the lot that has a width of greater than thirty-five feet. 22. The front property line for Parcel 2 shall be defined as the westerly most property line of said parcel which runs perpendicular to Triton Way. Fees: 23. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the License Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.03.0, and CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee for Zone 20, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan and shall become void. 24. Developer 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. 25. Prior to the approval of a final map, the Developer shall pay to the City an inclusionary housing m-lieu fee as an individual fee on a per market rate dwelling unit basis in the amount in effect at the time, as established by City Council Resolution from time to time. CDP 08-06 - RHOADES MINOR SUBDIVISION October 15, 2008 PaaeS _ NOTICE This decision may be appealed by you or any member of the public to the Planning Commission within ten days of receipt of this letter. Appeals must be submitted in writing to the Planning Commission at 1635 Faraday Avenue in Carlsbad, along with a payment of $613 (plus noticing costs). The filing of such appeal within such time limit shall stay the effective date of the order of the Planning Director until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact Shelley Esteybar at (760) 602- 4625. Please take NOTICE that approval of your project includes the "imposition" 'of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. CITY OF CARLSBAD 'GARY T. BARBER10 Assistant Planning Director GTB:SE:sm c: Chris DeCerbo, Team Leader Clyde Wickham, City Engineer File Copy Data Entry California Coastal Commission RECEIVED October 25, 2008 QCT 17 2008 PlannningeDept. Director PLANNING DEPT Shelley Esteybar Assistant Planner RE: Tentative Parcel Map No. 08-02 Carlsbad City Officials: This letter is written on behalf of several residents in the area of the referenced project We disapprove of the proposed minor sub division of this parcel. This letter shall serve as our request of appeal to the planning commission, and wish to have our comments heard. Also enclosed is the fee required for the appeal process. Please contact the following residents for any additional information required. Sincerely, Rick and Kristen Conner 6575 Black Rail Road Carlsbad, CA 92011 E-Mail: rconner@ci.san-marcos.ca.us Cell # 760-594-6300 Sha-Li Lin Mailing address on file E-Mail: shalilin(5).vahoo.com Home: 1-847-945-0007 William and Candice Lynn 6585 Black Rail Road Carlsbad, CA 92011 No E-Mail 760-931-2793 October 25, 2008 To: DonNeu RECEIVED Planning Dept. Director GaryBarberio OCT 2 9 » Assistant Planning Director CITY OF CARLSBAD Shelley Esteybar PUNNING DEPT Assistant Planner Subject; CDF 08-06 RHOADES MINOR SUBDIVISION fThis letter is to inform you that we reviewed your Notice of Decision 'letter dated October 15, 2008 and decided to appeal to Planning Commission based on, but not limited to, the following reasons: 1. The proposed subdivision is not compatible with the rest of the neighborhood. 2. The proposed subdivision is not in line with the General Plan of Carlsbad. The general plan uses descriptions such as orderly, functionally efficient, aesthetically pleasing, compatible, or in harmony with neighborhood and states that site design should be "indicated by the harmony of proposed buildings in terms of site, height and location, with respect to the existing neighborhood development." 3. The proposed panhandle lot is not consistent with designs of other panhandle lots in the area. 4. The project density is too high. 5. The following issues have been brought to the Engineering department's attention, but are still not listed on the approval letter. Does this plan really meet the Storm Water Management Plan (SWMP) for MS 01-04? There are several storm water management issues, including but not limited to a. an increase to the amount of impervious area b. increase of water runoff due to proposed grading c. cross-lot drainage d. does not exhibit low impact design 6. 'Inaccurate calculation of buildable square footage. This letter serves as our request of appeal to the planning commission and we wish our voices be heard. Please note the required fee for the appeal process has been hand delivered to the City of Carlsbad. If questions arise, please contact us. Sincerely, Rick & Kristen Conner 6575 Black Rail Road Carlsbad, CA 92011 & Lawrence Lin 2565 Riverwoods Road, Riverwoods, IL 60015 William & Candice Lynn' 6585 Black Rail Road Carlsbad, CA 92011 Attachment 9Aerial Photo with surrounding land uses & Map created try Carlsbad GfS Department Lot* 1 2 -„ 3'-'; 4 5 6 •<i •••£*•- 8 9 10 11 12 : 13 r 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Lot Size (Acres) 0:23 0.19 0.20 0.22 , 0.24 0.18 /— - • -,'»,- Qf2* 0.30 Or34 0.170;2o:: 0.64 •: :.'..^WBH'-"-J- *- 1.64 0.42 0.36 0.36 0.35 0.24 0.39 0.27 0.30 0.37 0.27 0.26 0.27 : - 0.25- 0.23 Lot Size (Square Feet) 9,898.00 8,248.00 8,554.00 9,431.00 10,284.00 j 7,687.00 8,947.00 12,965.00 14,772.00 7,596.00 8,589.00 27,878.40 22,215.60 71,438.40 18,189.00 15,651.00 15,752.00 15,435.00 10,417.00 17,186.00 11,730.00 13,242.00 11,894.00 11,894.22 11,220.46 11,781.99 10,777.16 10,027.47 Land Use Designation RLM RLM RLM RLM RLM RLM RLM RLM RLM RLM RLM RLM . -. RLM RLM RLM RLM RLM RLM RLM RLM. RLM RLM RLM RLM RLM RLM RLM RLM Zone R-1-7,500 R-1-7,500 R-1-7,500 R-1-7,500 R-W.500 R-1-7,500 R;1-7,500 R-1-7,500 : Rr1-7,500 R-1-7,500 R-1-7,500 R-1-7.500-Q R-1-7.500-Q R-1-7.500-Q R-1-7.500-Q R-1-7.500-Q R-1-7.500-Q R-1-7,500-0 R-1-7,500-Q R-1-7.500-Q R^1:-7,500-Q R-1-7.500-Q R-1-7.500-Q R-1-7,500 R-1-7,500 R-1-7,500 R-1-7,500 R-1-7,500 Average Minimum Maximum 0.34 0.17 1.64 14,775.03 7,596.00 71,438.40 EXHIBIT 5 Planning Commission Minutes January 7,2009 Page 3 Commissioner Montgomery asked if the new location for the solar panels would be adequate for the panels to be used to their full potential. Ms. Mobaldi stated there is a 3rd party consultant working with the City to ensure the new location for the solar panels will meet the necessary criteria. Chairperson Whitton asked if there were any further questions of Staff. Seeing none, he asked if any members of the audience wished to speak on the item. Seeing none, Chairperson Whitton opened and closed public testimony on Item 2. MOTION ACTION: Motion by Commissioner Montgomery, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6522 approving Planning Commission Determination of General Plan Consistency PCD/GPC 08-03 based on the findings and subject to the conditions contained therein. VOTE: 6-0 AYES: Chairperson Whitton, Commissioner Boddy, Commissioner Cardosa, Commissioner Dominguez, Commissioner Douglas, and Commissioner Montgomery NOES: None ABSENT: Commissioner Baker ABSTAIN: None Chairperson Whitton closed the public hearing on Item 2 and asked Mr. Neu to introduce the next item. 3. GDP 08-06 - RHOADES MINOR SUBDIVISION - Appeal of a Planning Director decision to approve a Minor Coastal Development Permit to allow for the subdivision of a .42 acre single-family residential lot, zoned R-1-7,500-Q, into two minimum 8,343 square foot single-family residential lots, including one panhandle lot, located on the south side of Triton Street, west of Black Rail Road and south of Poinsettia Lane within the Mello II Segment of the City's Local Coastal Program and within Local Facilities Management Zone 20. Commissioner Cardosa recused himself from the dais due to the proximity of the project to his personal property. Mr. Neu introduced Agenda item 3 and stated Assistant Planner Shelley Esteybar would make the staff presentation. Chairperson Whitton asked the appellant if he wished to continue with the item with only 5 Commissioners present. The appellant asked at what meeting the item would be heard if he chose to postpone the hearing. Chairperson Whitton explained the procedures for postponing the item. Commissioner Dominguez suggested the agenda item be heard last so as to give the appellant an opportunity to make a decision. Chairperson Whitton stated the item would be heard last and asked Mr. Neu to introduce the next item. 4. CUP 08-13/CDP 08-14 - UNION BANK OF CALIFORNIA DRIVE-THRU - A request for a Conditional Use Permit and Coastal Development Permit to allow for the installation of a drive-thru teller lane at a Union Bank of California located within the Poinsettia Village shopping center at 7180 Avenida Encinas in the Mello II Segment of the Local Coastal Program and in Local Facilities Management Zone 9. Mr. Neu introduced Agenda Item 4 and stated Assistant Planner Dan Halverson would make the staff presentation. Planning Commission Minutes January 7,2009 Page 4 Chairperson Whitton opened the public hearing on the Agenda Item 4. Mr. Halverson gave a brief presentation and stated he would be available to answer any questions, Chairperson Whitton asked if there were any questions of Staff. Commissioner Cardosa asked if there will be a sign to discourage traffic in the service alley. Mr. Halverson stated he has not seen any signage but a condition could be added to the project if necessary. Commissioner Cardosa asked how the additional ADT is determined. Mr. Halverson stated it is because of the drive thru aspect of the bank. Chairperson Whitton asked for clarification on the driving lanes and directional signage. Mr. Halverson directed the Commission's attention to the slide depicting the proposed drive aisles and directional signage and clarified how the traffic will flow through the project area. Commissioner Montgomery asked if the signage painted solely on the drive aisles is sufficient. Mr. Halverson stated there will be additional posted signage included with the sign program. Commissioner Boddy asked about a no left turn lane sign being added to the site. Mr. Halverson stated - he was not sure. Mr. Van Peski stated there will be additional signage for the drive thru. Chairperson Whitton asked if there were any further questions of Staff. Seeing none, he asked if the applicant wished to make a presentation. Reynaldo Osequeda, a representative from Union Bank, made a brief presentation and stated he would be available to answer any questions. Chairperson Whitton asked if there were any questions of the applicant. Seeing none, he asked if there were any members of audience who wished to speak on the item. Seeing none, Chairperson Whitton opened and closed public testimony on the item. MOTION ACTION: Motion by Commissioner Montgomery, and duly seconded, that the Planning Commission adopt Planning Commission Resolutions No. 6517 and 6518 approving a Conditional Use Permit - CUP 08-13 and a Coastal Development Permit - CDP 08-14, based on the findings and subject to the conditions contained therein. VOTE: 6-0 AYES: Chairperson Whitton, Commissioner Boddy, Commissioner Cardosa, Commissioner Dominguez, Commissioner Douglas, and Commissioner Montgomery NOES: None ABSENT; Commissioner Baker ABSTAIN: None Chairperson Whitton stated Agenda Item 3 would be heard next. 3. CDP 08-08 - RHOADES MINOR SUBDIVISION - Appeal of a Planning Director decision to approve a Minor Coastal Development Permit to allow for the subdivision of a .42 acre single-family residential lot, zoned R-1-7.500-Q, into two minimum 8,343 square foot single-family residential lots, including one panhandle lot, located on the south side of Triton Street, west of Black Rail Road and south of Poinsettia Lane within the Mello II Segment of the City's Local Coastal Program and within Local Facilities Management Zone 20. Planning Commission Minutes January 7,2009 Page 5 Ms. Esteybar gave a detailed presentation and stated she would be available to answer any questions. Chairperson Whitton asked if there were any questions of Staff. Commissioner Dominguez asked for the range of the size of lots in the area. Ms. Esteybar gave the range of sizes. Commissioner Montgomery asked for Staffs reasoning to allow the increase in density under a general plan provision and the exceptional findings as to why it should be granted. Ms. Esteybar explained that projects approved subject to this provision are standard in procedure. This provision is required to allow for zoning consistency. Ms. Mobaldi further explained the finding. Commissioner Dominguez asked if the area is still in flux. Ms. Esteybar stated the surrounding neighborhood is in flux as shown on the aerial photo. Chairperson Whitton asked if the appellant wished to make a presentation. Rick Connor, 6575 Black Rail Road, made a brief presentation. Mr. Connor stated the panhandle lot is significantly smaller than all the other lots in the zip code and in the RLM designation. He stated there is a private easement which he owns in the southern 15 feet which includes no fill or improvements in that area. Me asked that any decision be held off until he can find out if project applicants are in violation of the easement. Mr. Connor stated the original intent of the easement was to discourage development on that end of the property. The minimum square footage is above the allowable square footage that can be built, and the proposed project marginally meets the criteria. Mr. Connor further urged the Commission to look at all the requirements. Chairperson Whitton asked if there were any questions of the appellant. Commissioner Montgomery asked if he ever considered the fact that a very large house could occupy the lot. Mr. Connor stated yes. Candace Lynn, 6585 Black Rail Road, stated that the way the homes will be built on the property will be across the current view easement on the property. Mike Franchek, president of Black Rail Ridge HOA, 1529 Triton, stated the 11 home owners of the development object to this development. Sha-li Lin, owner of Parcel 3 from the Lynn Minor Subdivision, 2565 Riverwoods Road, Riverwoods, Illinois, read her letter into the record. Bob Wojcik, Hofman Planning and Engineering, 3152 Lionshead Avenue, gave a brief presentation and stated he would be available to answer questions. Commissioner Boddy asked what the natural slope is on the lot. Mr. Wojcik stated 5 to 10%. Commissioner Montgomery asked if the project applicant were to build a 2,500 square foot first floor it would preclude a yard for the home on Parcel 2. Mr. Neu stated only in a Planned Development doe the city have minimum yard dimensions. Mr. Wojcik stated that as far as a yard the view easement could be used. Mr. Wojcik further stated the lot does meet all of the standards. Commissioner Dominguez stated it would be a challenge to have all the amenities a house of that range would have. Mr. Wojcik stated there will be a Site Development Plan for the lot. Mr. Neu stated there would not be a Site Development Plan for a single parcel. Ms. Esteybar stated a separate a CDP would be required for each home built on the property. Planning Commission Minutes January 7.2009 Page 6 Glen Rhoades, owner of the property, gave a brief presentation and stated he would be available to answer any questions. Chairperson Whitton opened public testimony on the item. Barbara Rudvalis, 7316 Bolero Street, stated she does not object to the project but sympathizes with the neighbors. Chairperson Whitton asked if there were any other members of the audience who wished to speak on the item. Seeing none, he closed public testimony and asked if the appellant wished to respond to any issues. Ms. Lin stated the calculations are not based on the natural slopes only. Ms. Mobaldl stated the easement is a private matter and the Commission should not consider that when making any decisions. Mr. Neu stated that in regards to community character, the RL designation is the City's General Plan designation for large or estate lots. The area is designated RLM which is what most single family production home neighborhoods are designated. Commissioner Montgomery asked Mr. Neu if all the parcels in the area are RLM. Mr. Neu stated yes. Commissioner Montgomery asked if it would possible to state or accept the allowance of horse or animals. Mr. Neu stated he would like to speak with Ms. Mobaldi about that issue but there is a possibility to record a notice on the property to inform potential purchasers. DISCUSSION Commissioner Boddy stated she supports the Planning Director's determination Commissioner Douglas stated she supports the project but has the same concerns as stated previously by Commissioner Dominguez. Commissioner Dominguez commented that he supports staff on the project. Commissioner Montgomery does not support the project as he feels the intent of the lot was established with the previous subdivision. Chairperson Whitton stated he cannot support the project because of the unresolved deed restriction on the lot and too many unanswered questions. Commissioner Montgomery stated he would like some sort of notice requirement in regards to the allowance of animals on adjacent properties. Planning Commission Minutes January 7, 2009 Page? MOTION ACTION: Motion by Commissioner Dominguez, and duly seconded, that the Planning Commission adopt Planning Commission Resolution No. 6519 denying the appeal and upholding the decision of the Planning Director to approve a Coastal Development Permit application with a notice of surrounding horse property to be recorded for future residents of the area. VOTE: 3-2-2 AYES: Commissioner Boddy, Commissioner Dominguez, and Commissioner Douglas NOES: Chairperson Whitton and Commissioner Montgomery ABSENT: Commissioner Baker and Commissioner Cardosa ABSTAIN: None Chairperson Whitton closed the public hearing and thanked Staff for their presentations. COMMISSION COMMENTS None. PLANNING DIRECTOR COMMENTS Mr. Neu commented on the CEC Workshops being held tonight and Thursday night for the proposed Power Plant, Mr. Neu also stated the League of California Cities Planners Institute will be in March 2009. CITY ATTORNEY COMMENTS None. ADJOURNMENT By proper motion, the Regular Meeting of the Planning Commission of January 7, 2009, was adjourned at 8:00 p.m. DON NEU Planning Director Bridget Desmarais Minutes Clerk EXHIBIT 6 REC'D FROM CITY OF CARLSBAD 1635 FARADAY AVENUE CARLSBAD, CALIFORNIA 92008 Cashier; (760) 602-2401 Water Utility Billing: (760) 602-2420 DATE /' ACCOUNT NO,DESCRIPTION AMOUNT ft\L iJbCdb^LJt 3fe f&U-e QOO 00 QJ PrrtaO an mcyqlod paper NOT VALID UNLESS VALIDATED BY CASH REGISTER TOTAL JAN 1 6 2009 CITYOFCAHLSBADCITY CLERK'S OFFICE January 15, 2009 City of Carlsbad City Council Members RE: Appeal to City Council on CDP 08-06 Rhodes Minor Sub-Division Carlsbad City Officials: This letter is written on behalf of several residents in the area of the referenced project. We disapprove of the proposed minor sub division of this parcel. This letter shall serve as our request of appeal to the city council, and wish to have our comments heard. Below are a few issues that we would like to discuss and believe the planning department has overlooked. Each item will be explained further to the Council members. The proposed minor subdivision has a current net square footage on parcel #2 that is not consistent with past projects and current standards. Additionally, the standard being applied to the proposed sub-division is in direct conflict with an adjacent project and the standards that were applied to that parcel. The proposed subdivion is not in harmony with the current scheme of the neighborhood and is in conflict with current language in the general plan. There is currently an injunction being filed on the parcel. The injunction will prevent any further development as it relates to any permanent improvement made in relation to the recorded easement on parcel # 2, thus making the parcel undividable. Also enclosed is the fee required for the appeal process. Please contact the following residents for any additional information required. We are requesting to be heard at the March 312009, Council meeting. The neighborhood has a meeting scheduled before, and one appellant is flying back and forth form Chicago on each occasion. Scheduling flights in advance is an issue. Sincerely, Sha-Li Lin Michael Franchek Mailing address on file 1592 Triton Road E-Mail: shaiiiin@yahoo.cQm Carlsbad, CA 92011 Home: 1 -847-945-0007 760-931 -6011 William and Candice Lynn 6585 Black Rail Road Rick and Kristen Conner Carlsbad, CA 92011 6575 Black Rail Road No E-Mail Carlsbad, CA 92011 760-931-2793 760-594-6300 EXHIBIT 7 600 Foot Radius Project! BAundaryl |fj City of Carlsbad Rhoades Minor Subdivision CDP 08-06 A Map created by the City of Carlsbad CIS. Portions of the DERIVED PRODUCT contain geographic information copyrighted by SanGIS. All Rights Reserved EXHIBIT 8 DOC# 2007-0611334 iff Recording Requested By And When Recorded Mail to: William and Candace Lynn 6575 Black Rail Road Carlsbad, CA 92011 SEP 18,. 2007 10:14 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY..! SMITH COUNTY RECORDER FEES: 31.00 WAYS: 2 OC: NA PAGES: GRANT OF EASEMENT AND AGREEMENT DOCUMENTARY TRANSFER TAX $_jf2Z. THIS AGREEMENT, made this 11TH day of December, 2006, by and between Mercedes O. Piety, Craig and Robin Griswold, and Glen and Nicole Rhoades, hereinafter referred to as "Grantor", and William Lynn and Candace Lynn, hereinafter collectively referred to as "Grantee". WHEREAS, Grantee desires to acquire a certain easement("Easement") for the purpose of maintaining a view from Grantee's adjoining property in a portion of Grantor's property commonly known as 6575 Black Rail Rd, and more particularly described as: Conventor, the Grantee of that certain real property conveyed herein, described as Parcel 1 of Parcel Map No. 19411 in the city of Carlsbad, County of San Diego, State of California filed in the Office of the County Recorder of San Diego County, January 23, 2004 as File/Page No. 2004-0052211 of Official Records, by granting of this easement agrees for themselves, and for all successors in interest to said real property, to restrict use of the easement such that no temporary or permanent improvements including, but not limited to structures, plants, trees, or shrubs shall be maintained within the southern fifteen feet (15') of Parcel 1 Lynn Minor Southwest lot Subdivision Carlsbad CA No. 19411, excepting the following: 1. A solid fence of maximum height of six (6') feet constructed within one (1') foot of the boundary of Parcel 1. 2. Any type of trees or scrubs may not exceed the height of ten (10') feet within the fifteen (15') feet of easement. Grantor or Grantor's successors in interest, shall keep all plants trimmed below the ten (10') foot maximum height by pruning as needed on a no less than annual basis. Should Grantor or Grantor's successor's fail to prune in any 13 month period, Grantee may, at Grantee's option, hire a duly licenced and bonded arborist to prune during regular business hours upon 48 hours written notice to the then resident of said servient property by posting on their door. Grantor or Grantor's successor in interest shall be liable to pay the reasonable fees and charges of the arborist. The restriction shall apply to Parcel 1 only, with the powers of enforcement in the owners of Parcel 4 only, for express purpose of preserving and maintaining the view corridor from Parcel 4, Lynn Minor Subdivision Carlsbad CA No 01-04, Parcel Map 1941 1. Grantee shall have no rights of entry, ingress or egress across said easement nor duty to maintain said easement or any structures or plants placed thereon by Grantor except as specifically provided herein. The operation and maintenance of the Easement Area shall be at the Grantor's sole cost and expense. Grantor alone shall pay any and all taxes, charges or use fee(s) levied by any governmental agency against any of Grantor's real property unless such is levied specifically and indentifiably as a result of the Easement herein granted. This covenant is for the benefit of Parcel 4 described above and burdens Parcel 1 described above and shall bind all successive owners of Parcel 1 . This instrument shall bind and mure to the benefit of the respective successors and assigns of the parties hereto. This covenant is intended to comply with California Civil Code Section 1468 and will be interpreted to accomplish that result. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force or effect in a subsequent modification in writing, signed by the party to be charged. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. GRANTOR: MERCEDES O. PIETY CRAIG GRISWOLD J J_ ROBIN GRISWOLD GLEN NICOLE RHOADES GRANTEES c (03/06/2009) Clerk Internet Mailbox - letter regarding Rhodes CDP 08-06 Page 1 From: "Juintow Lin (FoxLin)" <juintow@foxlin.com> To: <clerk@ci.carlsbad.ca.us>, <Seste@ci.carlsbad.ca.us> CC: "Sha-Li Lin" <shalilin@yahoo.com>, "'lawrence I Lin'" <jbs.lawrence@comc. Date: 03/06/2009 1:49 PM Subject: letter regarding Rhodes CDP 08-06 Attachments: CityCouncilHearing-RhodesCDP-Lin-090306.pdf To Carlsbad City Council and Mayor, Please see attached letter regarding the Rhodes proposed Minor Subdivision. Please confirm receipt of this email. Thank you. Juintow Lin March 3, 2009 City of Carlsbad City Council Members and Mayor 1200 Carlsbad Village Drive Carlsbad CA 92008 We are the owners of parcel 3 of the Lynn Minor Subdivision MS 01-04. We purchased the lot in 2007 with the intention of building a custom-designed house and retiring to Carlsbad. We are disappointed in learning that the Rhodes subdivision has been approved. There are several issues with the proposed project, and we urge the City Council to please consider the following points. 1. Spacious and Unique Character of the Neighborhood We chose this lot because it was large, 1/2 acre, and because it offered a relief to the otherwise typical landscape of spec houses so common to the area. Our last two houses were custom- designed, and Michael and Juintow teach Architectural Design with a focus on sustainability at Cal Poly Pomona. So we searched a long time for a neighborhood of custom-designed homes. When you look at the proposed minor subdivision, you can't help but think that the spacious and unique character which initially attracted us to this site and neighborhood could be severely compromised. We thought initially that we had found an oasis of spacious lots among larger repetitive subdivisions, and now the cohesive harmony of these 4 custom-designed might be negatively impacted. When looking at proposed plan, (see figures 1 and 2), one can't help but notice that it looks as if an extra lot has been crammed in. It is not in keeping with the disposition of the immediately adjacent lots. We question if the original Lynn Minor Sudivision proposal would have been approved if it had presented such an awkward plan. Figure 1 - Current layout of lots. The original Lynn Minor subdivision is shown shaded. Figure 2 - Proposed condition of lots. The proposed smaller lots are not in keeping with scale and disposition of the existing neighborhood. Page 1 In approving the Rhodes Minor Subdivision, the Planning Commission used a larger view of the neighborhood to determine if the new proposed lots fit in, and we don't agree with this assessment. We believe that an appropriate contextual assessment would be within the Lynn Minor subdivision. It is important to understand that the feel of this neighborhood is affected by the lots shown in Figures 1 and 2, and not the smaller ones across Triton street. As you can see in Figures 3 and 4, one's perception of the place includes a great amount of open space. Again, this is what attracted us to the site. If you have an opportunity to visit the site, and I encourage you to do so, you will notice the same. Figure 3 - View towards the west from our parcel Figure 4 - View down panhandle of our parcel toward the south 2. Exceptional Status Granted to Proposed Project Per the Planning department's calculations, the proposed project density is 4.76 which exceeds the Growth Management Control Point of 3.2 dwelling units per acre. The planning department utilized a provision which states that "there are exceptional cases where the base zone is consistent with the land use designation but would permit a slightly higher yield than that recommended."This provision should not apply because this project is not compatible with the City of Carlsbad land use objectives (discussed in Section 3 - General Plan Objectives) and because this project does not warrant an exceptional designation. We feel that this provision has been incorrectly applied in this case, a. We ask you - what is so exceptional about this project that it should be granted a density bonus? In almost every regard, including buildable area of the site, house size as well as parking and turnaround condition (see Benesh letter), stormwater issues (see section 4 - drainage and stormwater issues), it barely meets that standards, if it meets the standards at all. This project is Page 2 too far from Carlsbad's vision and it is not clear what particulars afford this project "exceptional status". It would be very difficult to build a home on this lot. As designers, if a client showed us this lot, we would certainly advise them not to purchase it. Figure 5 shows the area of the lot that is buildable (shown shaded) once the parking and garage is factored in. As highlighted in Michael Benesh's letter of March 3, 2009, the parking turnaround does not really work as drawn and would most likely need to get larger. We agree with Mr. Benesh that the City should have rejected this document. What is left is very small and hard to layout. The house would need to fill the entire building pad, leaving no room for a yard. This condition is very different from all the houses in the area. In fact, Mr. Benesh calls it the "smallest most cramped house" in the neighborhood. We believe that this project would set a poor precedent for the City of Carlsbad in allowing such a substandard lot to be granted "exceptional status". Figure 5 - parking plan for proposed parcel 2. shaded area shows buildable area / pad. Kts'uar-TKFtmrr am rw FY ncujuj/r nmjnrr i 3. General Plan Objectives We do not believe that this proposed subdivision is in keeping with the General Plan of Carlsbad, further reason for this project not to be given exceptional status. The General Plan of Carlsbad speaks at length about creating a harmonious and aesthetically pleasing environment. It is our strong opinion that the proposed subdivision does not fit into these general plan guidelines. Please see below for our comments. Goals, objectives and implementing policies & action programs Element Comments Goals A.I A City which preserves and enhances the environment, character and image of itself as a desirable residential, beach and open space oriented community. A.2 A City which provides for an orderly balance of both public and private land uses within convenient and compatible locations throughout the community and ensures that all such uses, type, amount, design and arrangement serve to protect and enhance the environment, character and image of the City. Proposed subdivision does not provide orderly balance. It also does not enhance the environment; rather the water retention issues and increased density of development negatively impact the environment. It reduces the amount of open space. Page 3 CADV Objectives B. 1 To create a distinctive sense of place and identity for each community and neighbor-hood of the City through the development and arrangement of various land use components. Area of existing development is a distinctive place due to larger lots. The proposed development is in contrast to this distinctive, special nature (see Figures 3 and 4) Implementing Policies And Action Programs C.I Arrange land uses so that they preserve community identity and are orderly, functionally efficient, healthful, convenient to the public and aesthetically pleasing. Proposed subdivision is not orderly (see Figures 1 and 2). It is not healthful as it increases stormwater runoff, and the panhandle approach to the second parcel is not functionally efficient. C.2 Establish development standards for all land use categories that will preserve natural features and characteristics, especially those within rural, coastal and/or hillside areas. Proposed subdivision does not preserve the natural slope. It adds additional grading. In fact it significantly alters the grading in a way that increases stormwater runoff as well as pollutants that run off the proposed driveway (see Benesh letter). C.3 Ensure that the review of future projects places a high priority on the compatibility of adjacent land uses along the interface of different density categories. Special attention should be given to buffering and transitional methods, especially, when reviewing properties where different residential densities or land uses are involved. Proposed subdivision is proposing a different density standard and negatively impacts the buffering and transitional methods between lots (see figures 1 and 2). C.6 Review the architecture of buildings with the focus on ensuring the quality and integrity of design and enhancement of the character of each neighborhood. Integrity of design is sacrificed due to the effect of the squeezed-in lot. The project does not enhance the character of the neighborhood. In fact, it detracts from it. C.7 Evaluate each application for development of property with regard to the following specific criteria: 1. 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 neighboring development. Proposed site design is not in harmony with adjacent lots (see Figures 1 and 2). 4. Drainage and Stormwater Issues There are several drainage issues not yet addressed, and we have commented on this in previous letters/hearings. There was also an introduction of cross-lot drainage because the proposed parcel 2 raises the building pad in such a way as to introduce a new 2:1 slope to the south which would cause water to drain onto our property. We were told that this will be taken care of but have not been shown the changes. There is an increase to the amount of impervious area than in the originally designed subdivision. Previously, water used to run at a gradual slope and therefore was able to be retained in the ground (see Figure 6). As proposed, the entire graded pad will most likely be covered with impervious material, a house. Also, water runoff will sheet off at a much greater speed on the 2:1 slope and does not have the opportunity to be retained into the ground. Therefore, Page 4 we a. no, convinced .at «, m- tne S»nn Water Management P.an * «ne Lynn SubdMsfcn ponds on top of the fill should not be allowed on top of the in his letter that the amount of change from the current condition, which tne atv, and we this hasn't been studied further. new bldg pad squeezed in - prev water retention areaoriginal bldg pad reaof2:1 slope - should not count towards density 100% edqe or our pad Figure 6 - View from our parcel to the north. Note the large amount of space for water retention, which will disappear if project is approved. 5. Density Calculations We have problems with the fifty percent of the portion of a site utiMzed for calculating a.lowab 'e this applies to natura slopes 21 53.230, clause d, "no more than ii to forty percent slopes may bev code does lt state that ^ use the gross area of the site or parts of the site have slopes greater than " " ! i *p i '. Rgure 7 - slope plan of proposed subdivision - areas • with slopes > 25% shown shaded Page 5 COPY If only 50% of this area is allowed to be counted towards residential density, the developable lot area is reduced from 18,230 to 17,045 square feet. Calculations are shown below. 2,370 (non-developable area, slopes over 25%) * 50% = 1,185 sf 18,230 (gross area) - 1,185 (from above) = 17,045 sf = actual developable area 17,045 sf = 0.39 acres With two dwelling units, the density is greater than 5. 2 (dwelling units) / 0.39 acres = 5.13 6. Concluding Remarks We would like to reiterate the sentiments expressed by Commissioner Montgomery at the last hearing. He asked for the staff's reasoning for the increase in density under a general plan provision and the exceptional findings as to why it should be granted. He also felt that the intent of the lot was established with the previous subdivision. The City of Carlsbad has set a strong vision in creating a harmonious and aesthetically pleasing environment. We are pleased to see that a number of the City Council members have environmental agendas and have demonstrated strong support for the environment. The simple fact is that this project does not meet the density standards but has been given a bonus reserved for exceptional cases. We understand that the City has used this bonus before, but not for projects with so much opposition and with so many problems. It doesn't seem right that the City Carlsbad should reward a project that lessens the character of Carlsbad - by 1) altering (for the worse) the historical drainage patterns of the site and 2) modifies (for the worse) the unique character of this neighborhood. Therefore, we strongly oppose the approval of this project, and hope that you understand and support our position. Sha-Li and Lawrence Lin; 2565 Riverwoods Road; Riverwoods IL 60015; 847 945 0007 Juintow Lin and Michael Fox 34586 Calle Naranja; Capistrano Beach CA 92624; 310 927 5022 Copy to: City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad CA 92008 Attn: Shelley Esteybar Attachments: Letter from Michael Benesh dated March 3, 2009 Page 6 ENGINEERING Professional Civil Engineer and 1^ a n d Surveyor March 3, 2009 Mr. Bill Lynn. 6585 Black Rail Road Carlsbad, CA 92011 RE: RHOADES TENTATIVE PARCEL MAP Bill, As you requested, I have reviewed the approved tentative map, the drainage study, the soils report and the stormwater management plan for the above project. While technically, the project meets the size requirements for creating the two lots, there are a number of troubling issues which the City does not appear to have taken into account. They are as follows: a) The drainage from Parcel 2 is concentrated at the southwest corner of the lot and then dumped into a rip-rap dissipater. The result of this arrangement, if it is built as indicated, will be to cause a fairly concentrated flow of water to exit the Rhoades property at that location and flow down a slope onto the patio around Mr. Cardoza's pool. The steepness of the slope will ensure that soil will erode and be deposited on the patio and potentially in Mr. Cardoza's pool in any significant storm event. Even in minor storm events Mr. Cardoza will be cleaning up silt pouring off the slope onto his patio. The current drainage pattern has the water sheet flowing across the entire property line between Mr. Cardoza and the Rhoades' property. While this has caused some problems in the past, it is the natural drainage pattern for the site. The proposed project drastically alters the drainage pattern and will cause many more headaches for the property owners. b) The exhibit submitted to planning to show that 3 cars could park on-site and turn around, to avoid backing down the panhandle lot, is unworkable as submitted. The 24' by 28' turn around area is woefully lacking and will require a 3, 4 , 5 or 6 point turn to back a 16' vehicle (A standard Ford Taurus is 16'-10" long. A Toyota Corolla is 14'-11" long.) out of the garage and head it down the driveway. The attached copy of the exhibit is superimposed with 16 foot long vehicles, and as you can see, there is not adequate room to turn around. The city should have reviewed this document and rejected it as inadequate. c) The other copy of the exhibit shows approximately how much room is left on the pad to build a home. The footprint including garage is about 1500 square feet. This footprint leaves almost no usable flat area for any kind of yard, and limits the size of home that can be built on the site. It will be the smallest most cramped house in the 404 SOUTH LIVE OAK PARK ROAD • FALLBROOK, CA 92028 PHONE: 760 731-6603 • FAX 760 897-2165 • E-MAIL: MBENESH@MLBENGINE ERING .COM Lynn 090303 Rhoades PM - 2 - March 3, 2009 neighborhood. Compare the little patch of dirt I circled on the aerial photo with the houses in the surrounding neighborhood. It really will not fit the character of the surrounding lots. d) The tentative map and stormwater management plan both indicate some sort of detention basins on Parcel 2, located on top of the proposed fill slopes. The soils report states that standing water should not be allowed on the top of the fill slopes. The reason being the obvious increased potential for slope failure. Thus, the basins would have to be lined, but who will ensure that they do not leak and cause a slope failure? The homeowner will most likely not be qualified, nor have the equipment nor the inclination to determine the integrity of the lining. e) The stormwater management plan does not indicate any kind of treatment for the runoff from the panhandle driveway. This will be paved and will potentially add pollutants to the storm water. f) The drainage study submitted for the project underestimates the impact of the development on the downstream storm drain system. The calculations are are a hodge-podge of assumptions and errors that come to the conclusion that there is little impact, when in fact the impact is significant. The analysis is technical in nature, but common sense alone would tell one that adding 2 additional lots worth of drainage to a street that currently carries the drainage from about 10 other lots would be about a 20% increase in flows. Currently, that AC berm is sized to carry only the water from the paved south half of Triton and the lot on the corner where your old house is located. The proposed parcel map is diverting the flows from the Rhoades' property to Triton Place where it does not currently drain. This diversion will significantly increase the storm runoff in Triton which will exceed the capacity of the AC berm at the bottom of the street. At the very least the city should have required the proponent of the Parcel Map to analyze the impacts and determine what measures were necessary to mitigate them. Otherwise, how can the project have a mitigated negative declaration approved? In short there appear to many serious issues with the project that have not been addressed during the tentative parcel map approval stage. Should you have any questions, please feel free to contact me. Sincerely, Michael L. Benesh, P.E., L.S. 404 SOUTH LIVE OAK PARK ROAD • FALLBROOK, CA 92028 PHONE: 760 731-6603 • FAX 760 897-2165 • E-MAIL: MBENESH@MLBENG INHERING .COM RHOADES CONCEPTUAL PARKING EXHIBIT ^RECEIVED QCAnONFDomen EX. 2' CURB OPENING EX. 15 VIEW EASEMENT PER DOC. EX. DRAINAGE EASEMENT 2007-0611334, REC. PR 03-78 REC. 01/23, 9/18/07 ^AS INST. 2004-0052212 ~? — -\— — \ \ V \ Exhibit for illustration purposes only and City of Carlsbad Planning Review. RHQAuES-PARKiNG-£XH.d*g Q7/21/2008 09:28 <G HOFMAN PLANNING AND ENQNEEfmTZOW COPY All Receive - Agenda Item # tZ. For Information of THE CITY COUNCIL, CM CA S. CC ^ t/XDate 3 -<? From CWjS. Asst. CM_ 8ECEEDWtE MAR 9 2009 CITY OF CARLSBAD CITY CLERK'S OFFICE n\ y) 3-04-2009 TO: Bud Lewis, Mayor FROM: William and Candace Lynn 6585 Black Rail Road Carlsbad, CA 92011 760-931-2793 RE: CDP 08-06 RHOADES MINOR SUBDIVISION March 10,2009-City of Carlsbad, City Council We need your help! It is NOT FAIR! A lot split is proceeding in our neighborhood. This is the RHOADES MINOR SUBDIVISION. Every family in the area will agree that this lot split does not fit the intent of our neighborhood. Even a current Carlsbad City Engineer stated that it DOES NOT FIT THE NEIGHBORHOOD. If split, the "new" lot (Parcel 2) will barely be 8,000 sq. feet with slopes to be. used as front and back yards. We are also concerned about drainage, fire protection, and a crowded look. We believe this is the smallest panhandle lot ever allowed in Carlsbad. Two of the five voting Planning Commissioners, (Commissioner Montgomery and Commissioner Whitton) agreed with our findings. We are the original owners of the property and when we split our property into 4 lots, your city planning commission told us these lots COULD NOT BE DIVIDED AGAIN!! Now Mr. Bob Wojcik (HOFFMAN PLANNING), an ex-city engineer, has found a loop- hole in your city ordinances which enables the Rhodes lot to be split. This loop-hole is defined as an "EXCEPTIONAL FINDINGS". When our engineer ( MLB ENGINEERING )tried to do this, we were denied the request in June,2004. Mike Benish (MLB Engineering) has worked with every subdivision in our area. We contacted him to review Mr. Wojcik's current plans for this "EXCEPTIONAL FINDINGS" reason of allowing the Rhodes Subdivision to move forward. Commissioner Montgomery also asked the same question, with a totally vague answer from Mr. Wojcik. The following are MAJOR ISSUES which the City of Carlsbad does not appear to have taken into account according to MLB ENGINEERING: 1. He is amazed that this panhandle lot is being considered an "EXCEPTIONAL FINDINGS". WHY???? 2. There is a major drainage problem that has not been addressed. The proposed Rhodes project drastically alters the drainage pattern and will cause water to flow down their steep slopes into the southern neighbor's backyard pool (Planning Commissioner Mike Cardosa). This, also, is a storm water management violation. 3. The driveway of this panhandle lot does not work. You can not turn a typical car, such as a Toyota, around. 4. The most interesting finding shows that the biggest house to be built on this panhandle lot is 1500 square feet, including garage. This footprint leaves no usable flat area for any kind of yard. IT WILL BE THE SMALLEST MOST CRAMPED HOUSE IN THE NEIGHBORHOOD. 5. See attached for full report from MLB Engineering. Lastly, the newly created pad (Panhandle lot) is in violation of a recorded view easement (see attached highlighted map#l). This easement was signed and well disclosed before current owners bought this property in the original lot design. We sold the original lot to Rhoades and partner, because the City of Carlsbad would not let us split this property up at that time, stating it would not fit our area! Now it seems unfair that they have changed their policies!! ] Rhoades and partner understood the wording on the view easement included no new structures, such as a "newly" created lot. Parcel 2 is in violation of recorded view easement and we are working with an attorney to issue a temporary restraining order and permanent injunction, if needed. s '"•• - " .*•• We have tried to cooperate with HOFFMAN PLANNING AND ENGINEERING (Michele Alves) and current owners and they don't seem to care! Over the years we have always worked cooperatively with the city of Carlsbad and always abided with their restrictions and policies. We feel strongly that the city is letting this slip through without much concern! Please look at this with a careful concern to our neighborhood. Sincerely, Bill and Candace Lynn 03/04/2009 12:48 FAX 7608972165 0005/006 ENGINEERING Prefe ssie nal Civil Exgineir and Land Surveyor March 3,2009 Mr.BiIlI.ynn. 6585 Black Kail Road Carlsbad, CA 92011 RE: RHOADES TENTATIVE PARCEL MAP Bill, As you requested, I have reviewed the approved tentative map, die drainage study, the seals report and the stormwater management plan for the above project While technically, the project meets the size requirements for creating the two lots, there arc a number of troubling issues which the City does not appear to haver taken into account They are as follows: N **" a) The drainage from Parcel 2 is concentrated at the southwest corner of the lot and then dumped into a rip-rap dissipater. The result of this arrangement, if it is built as indicated, will be to cause a fairly concentrated flow of water to exit the Rhoades property at that location and flow down a slope onto the patio around Mr. Cardoza's pool The steepness of the slope will ensure that soil will erode and be deposited on the patio and potentially in Mr, Cardoza's pool in any significant storm event. Even in minor storm events Mr. Cardooa will be cleaning up silt pouring off the slope onto his patio. The current drainage pattern has the water sheet flowing across the entire property Hue between Mr. Cardosa and the Rhoades7 property. While this has caused some problems in the past it is the natural drainage pattern for the site. The proposed project drastically altets the drainage pattern and will cause many more headaches for the property owners. b) The exhibit submitted to planning to show that 3 cats could park on-site and turn around, to avoid backing down the panhandle lot, is unworkable as submitted. The 24' by 28' turn around area is woefully kcking and wifl require a 3, 4 , 5 or 6 point mm to back a 16s vehicle (A standard Ford Taurus is 16'-10" long. A Toyota Corolla is 14"-11" long-) out of the garage and head it down the driveway. The attached copy of the exhibit is superimposed with 16 foot long vehicles, and as you can see, there is not adequate room to turn around. The city should have reviewed this document and rejected it as inadequate. c) The other copy of the exhibit shows approximately how much room is left on the pad to build a home. The footprint including garage is about 1500 square feet This footprint leaves almost no usable flat area for any kind of yard, and limits the size of home that can be built on the site. It will be the smallest most cramped house in the 404 SOUTH LIVR OAK PARK ROAD • FALLBROOK, CA 92028 PHONK: 760 731-6603 • HAX 760 897-2165 • K-MAILi MBENESH@MJ.BKNGINEERING.COM 03/04/2009 12:46 FAX 7G08972165 0002/006 Lynn 090303 Rhoades PM -2- neighborhood. Compare the little patch of dirt I citded on the aerial photo with the houses in the surrounding neighborhood. It realty 'will not fit the character of the surrounding lots, d) The tentative map and stortnwater management plan both indicate some sort of detention basins on Parcel 2, located on top of the proposed fill slopes. The soils report states that standing water should not be allowed on the top of the till slopes. The reason being the obvious increased potential for slope failure Thus, die basins would have to be lined, but who will ensure that they do not leak and cause a slope failure? The homeowner will most likely not be qualified, nor have the equipment nor the inclination to determine the integrity of the lining e) The stormwatcr management plan does not indicate any kind of treatment for the runoff from the panhandle driveway. This will be paved and will potentially add pollutants to the storm water. f) The drainage study submitted for the project underestimates the impact of the development on the downstream storm drain system. The calculations are are a hodge-podge of. assumptions and errors that come to the conclusion that there is little impact, when in fact the impact is significant The analysis is technical in nature, but common sense alone would tell one that adding 2 additional lots worth of drainage to a street that currently carries the drainage from about 10 other lots would be about a 20% increase in flows. Currently, that AC berm is sized to carry only the water from the paved south half of Triton and me lot on the comer where your old house is located. The proposed parcel map is diverting the flows from the Rhoades' property to Triton Place where it does not currently drain. This diversion will significantly increase the storm runoff in Triton which will exceed the capacity of the AC berm at the bottom of die street At the very least me city should have required the proponent of the Parcel Map to analyze the impacts and determine what measures were necessary to mitigate them. Otherwise, how can the project have a mitigated negative declaration approved? In short there appear to many serious issues with the project that have not been addressed during the tentative parcel map approval stage. Should you have any questions, please feel free to contact me. Sincerely, Michael L. Benesh, RE., L.S. 404 SOUTH MVK OAK PARK ROAD • FALLBROOK, CA 52028 PHONE: 760 731-6603 • 1»AX 760 897-2165 • R-MAIL: MBHNHSH@MLBENGINEERING.COM 03/04/2009 12:47 FAX 7608972165 0004/006 RHOADES CXWCEFTUAL PARKING EXHIBIT Exhibit for f/lusfrotfon purposes only and Cfty of Carlsbad Planning Review. f&CAZES-PAHKMG-EXH.d*? 07/2'/2008 09:28 (C HOFHAN PLANNING AND ENGINEERING 2008 , AA A^Qd Papier RODRIQUEZ MARK&DEBBIE 1587 MARITIME DR CARLSBAD CA 92011 •f of d**ys$«t fttttice $ j KANG-PARKHYE SEUNG 15 83 MARITIME DR CARLSBADCA92011 FINK GAYLE M 1604 CORTE ORCHIDIA CARLSBADCA92011 RUDVALIS BARBARA G TR PO BOX 13 0665 CARLSBADCA92013 MORNING RIDGE HOMEOWNERS ASSN 2131 LAS PALM AS DR # A CARLSBADCA92011 POLLARD ALLAN&DEBRA 1564 TRITON ST CARLSBADCA92011 J N G ASSOCIATES 2040 N BELT LINE RD #400 MESQUITETX75150 AVIARA BLACK RAIL ROAD 16 L LC 9968 HIBERT ST #102 SAN DIEGO CA 92131 BUSS TROY D&ANN C 1599MARITIMEDR OARLSBADCA92011 RUSH FAMILY TRUST 05-05-97 6494 FAIRWATER PL CARLSBAD CA 92011 MCGEE FAMILY TRUST 04-22-00 6499 FAIRWATER PL CARLSBADCA92011 READ RANDALL C&DATTA- READ PIEW 4133KARSTRD CARLSBADCA92010 SASS LIVING TRUST 06-02-97 5680 GARLAND LN GREENDALEWI53129 RIVERA DORY M 1603 MARITIME DR CARLSBADCA92011 GRAUER NANCY M 6607 SITIO SAGO CARLSBADCA92011 OLSEN MICHAEL&JOY 1607 MARITIME DR CARLSBADCA92011 REDEEMER BY THE SEA LUTHERAN CHURCH OF CARLSBAD 6600 BLACK RAIL RD CARLSBADCA92011 LINDQUIST DEVELOPMENT CO INC 9968 HIBERT ST# 102 SAN DIEGO C A 92131 VARRIN ALBERT&AGNES E TRUST A 01-18-80 ETAL 1595 MARITIME DR CARLSBADCA92011 HOLINGER THOMAS A 6498 FAIRWATER PL CARLSBADCA920H-. MASTR ASSET BACKED SECURITIES TRUST 2007-HE2 4837 WATT AVE NORTH HIGHLANDS CA 95660 MARKS DANIEL S&JUDITH A FAMILY LIVING TRUST 12-2 1579 MARITIME DR CARLSBADCA92011 CRIDER FAMILY TRUST 06-14-05 1575 MARITIME DR CARLSBADCA92011 COLEMAN FAMILY TRUST 02-20- 08 1403 GLEN OAKS BLVD PASADENACA91105 UENDEAU CHR1STOPHER&T1NA 6611 SITIO SAGO CARLSBADCA92011 3ILSKY FAMILY 2005 TRUST 10- 27-05 6617 SITIO SAGO CARLSBADCA92011 WELLS DAVID S&SALLY J FAMILY TRUST 10-21-04 6625 SITIO SAGO CARLSBADCA92011 AVIARA MASTER ASSN 2011 PALOMAR AIRPORT RD #206CARLSBAD CA 92011 PEDRAZZANI ALESSANDRO&TRACY 1615 MARITIME DR CARLSBADCA92011 BAZLER LISA 1560 TRITON ST CARLSBADCA92011 He/•harnomant Coj le m AaaAV-OD-008-l Cardosa Michael J and Cardosa Nancy C 6579 Black Rail Rd. Carlsbad, CA 92011 ep ujje amipeq B| ? zai|dau William and Candace Lynn 6585 Black Rail Rd Carlsbad, CA 92011 ap suas }ueqe6 a| Cosby Bruce W Trust 6609 Sitio Cedrela Rd Carlsbad, CA 9201 1 Ganci-Ryan Michael G and Laurene M Family 6613 Sitio Cedrela Rd Carlsbad, CA 92011 Dandrea John A 6615 Sitio Cedrela Rd Carlsbad, CA 92011 Smith Ana V 6619 Sitio Cedrela Rd Carlsbad, CA 92011 Thomas Stanley and Wagoner Ellie 6624 Sitio Cedrela Rd Carlsbad, CA 92011 Bolton 6583 Black Rail Rd Carlsbad, CA 92011 Homer Edward W and Homer Mardi B 6608 Sitio Cedrela Rd Carlsbad, CA 92011 McKesson Steven A and McKesson Britta 6610 Sitio Cedrela Rd Carlsbad, CA 92011 Cooke Family 6614 Sitio Cedrela Rd Carlsbad, CA 92011 Ewing Ian and Family Diane 6618 Sitio Cedrela Rd Carlsbad, CA 92011 Aurigemma 6620 Sitio Cedrela Rd Carlsbad, CA 92011 Monaco Joseph and Monaco Nancy S 6600 Sitio Sago Rd Carlsbad, CA 92011 Reynoso Carmelo and Reynoso Bettina 6603 Sitio Sago Rd Carlsbad, CA 92011 Dimech Paul J 6608 Sitio Sago Rd Carlsbad, CA 92011 Shei Ker-Yen Shei Lin-Hwa 6618 Sitio Sago Rd Carlsbad, CA 92011 Jng Associates 1572 Triton St Rd Carlsbad, CA 92011 Francis Mark 1580 Triton St Rd Carlsbad, CA 92011 Sierra Santiago A Sierra Virginia T 1588 Triton St Rd Carlsbad, CA 92011 Abi-Samara 1596 Triton St Rd Carlsbad, CA 92011 Barbosa Robert J Jr Barbosa Jennifer M 6604 Sitio Sago Rd Carlsbad, CA 92011 Predki Paul F Predki Kathryn J 6612 Sitio Sago Rd Carlsbad, CA 92011 Sass 6622 Sitio Sago Rd Carlsbad, CA 92011 McNair James P McNair Rachelle R 1576 Triton St Rd Carlsbad, CA 92011 Willardson Family Trust 1584 Triton St Rd Carlsbad, CA 92011 Michael J and Amy Francek 1592 Triton St Rd Carlsbad, CA 92011 Kim Paul 1598 Triton St Rd Carlsbad, CA 92011 i wj.0965 <§)A£I3AV nia6p3 dn-dod asodxa 01 auii 6uoie Duan jadej paaj ®091S Easy Peel Labels Use Avery® TEMPLATE 5160® • ^ J^Feed Paper See Instruction Sheet j for Easy Peel Feature ^ CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AVE SAN MARCOS CA 92069 AVERY®5160® ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DISTRICT 701 ENCINITAS BLVD ENCINITAS CA 92024 LEUCADIA WASTE WATER DIST TIM JOCHEN 1960 LA COSTA AVE CARLSBAD CA 92009 OLIVENHAIN WATER DISTRICT 1966OLIVENHAINRD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CITY OF VISTA 600 EUCALYPTUS AVE VISTA CA 92084 VALLECITOS WATER DIST 201 VALLECITOS DE ORO SAN MARCOS CA 92069 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 CALIF DEPT OF FISH & GAME 4949 VIEWRIDGE AV SAN DIEGO CA 92123 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 SD COUNTY PLANNING STEB 5201 RUFFIN RD SAN DIEGO CA 92123 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 U.S. FISH & WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92011 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 ATTN TEDANASIS SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT- PROJECT ENGINEER CITY OF CARLSBAD PROJECT PLANNER SCOTT MOLLOY - BIASD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 Etiquettes faciles a peler lltilka? la nahar!* AWCOV® Consultez la feuille www.averv.com Easy Peel Labels Use Avery® TEMPLATE 5160® LIN LAWRENCE I&SHA-LI Y 2565 RIVERWOODS RD RIVER WOODS IL 60015 Ned Good #600 70 S Lake Ave. Pasadena, CA 91101-2601 See Instruction Sheet' for Easy Peel Feature ^, A ••• Paper •""•• CONNER RICK&KRISTEN 6575 BLACK RAIL RD CARLSBADCA92011 California Coastal Commission Suite 103 7575 Metropolitan Drive San Diego, CA 92108-4402 SD County Dept. of Planning Suite B 5201 Ruffm Rd. San Diego, CA 92123 Etiquettes faciles a peler Utilise? \f aaharit AWCDV® c-icn®Consultez la feuille www.averv.rnm 8(EdSLBDWDE JAN 1 6 2009 CITY OF CARLSBAD CITY CLERK'S OFFICE ^M \y January 15, 2009 City of Carlsbad City Council Members RE: Appeal to City Council on CDP 08-06 Rhodes Minor Sub-Division Carlsbad City Officials: This letter is written on behalf of several residents in the area of the referenced project. We disapprove of the proposed minor sub division of this parcel. This letter shall serve as our request of appeal to the city council, and wish to have our comments heard. Below are a few issues that we would like to discuss and believe the planning department has overlooked. Each item will be explained further to the Council members. The proposed minor subdivision has a current net square footage on parcel #2 that is not consistent with past projects and current standards. Additionally, the standard being applied to the proposed sub-division is in direct conflict with an adjacent project and the standards that were applied to that parcel. The proposed subdivion is not in harmony with the current scheme of the neighborhood and is in conflict with current language in the general plan. There is currently an injunction being filed on the parcel. The injunction will prevent any further development as it relates to any permanent improvement made in relation to the recorded easement on parcel # 2, thus making the parcel undividable. Also enclosed is the fee required for the appeal process. Please contact the following residents for any additional information required. We are requesting to be heard at the March 31 2009, Council meeting. The neighborhood has a meeting scheduled before, and one appellant is flying back and forth form Chicago on each occasion. Scheduling flights in advance is an issue. Sincerely, Sha-Li Lin Michael Franchek Mailing address on file 1592 Triton Road E-Mail: shalilin@vahoo.com Carlsbad, CA 92011 Home: 1 -847-945-0007 760-931-6011 William and Candice Lynn 6585 Black Rail Road Rick and Kristen Conner Carlsbad, CA 92011 6575 Black Rail Road No E-Mail Carlsbad, CA 92011 760-931 -2793 760-594-6300 REC'D FROM CITY OF CARLSBAD 1635 FARADAY AVENUE CARLSBAD, CALIFORNIA 92008 Cashier: (760) 602-2401 Water Utility Billing: (760) 602-2420 DATE _ ^y Printed on recycled paper. NOT VALID UNLESS VALIDATED BY CASH REGISTER TOTAL March 10, 2009Appeal to City Council and Mayor re: Rhoades Minor Subdivision Introduction •These are several reasons we feel this project should not have been approved. 1.Project does not fit the intent of the neighborhood 2.It was awarded a density bonus because of exceptional findings. The project has not demonstrated that it merits exceptional status. 3.This is a controversial project with much opposition from surrounding properties. 4.Violates the view easement on record –prohibits improvements on southern 15’ of property 5.Has several stormwater and drainage problems 6.Is not in line with the General Plan of Carlsbad 7.Questionable Density Calculations, even with the bonus 8.Demonstrates preferential treatment from the City of Carlsbad 9.Sets a bad precedent March 10, 2009Appeal to City Council and Mayor re: Rhoades Minor Subdivision Project Does Not Fit the Intent of the Neighborhood •Modifies (for the worse) the unique character of this neighborhood of larger, spacious lots •House will be the smallest and most cramped in neighborhood •House will not have a yard March 10, 2009Appeal to City Council and Mayor re: Rhoades Minor Subdivision Project Does Not Fit the Intent of the Neighborhood •The Planning Commission used a larger view of the neighborhood to determine the site context •We believe, as Commissioner Montgomery expressed, a smaller view should be used March 10, 2009Appeal to City Council and Mayor re: Rhoades Minor Subdivision Project Does Not Fit the Intent of the Neighborhood •The perception of this place (Lynn Minor Subdivision) is very spacious and open, and not like smaller lots common to the area. March 10, 2009Appeal to City Council and Mayor re: Rhoades Minor Subdivision Project Does Not Fit the Intent of the Neighborhood March 10, 2009Appeal to City Council and Mayor re: Rhoades Minor Subdivision Project Does Not Fit the Intent of the Neighborhood •Here is the proposed project •It looks as if an extra lot has been crammed in. •We ask you -if the original Lynn Minor Subdivision had proposed such an awkward plan (w/ two panhandle lots), would it have been approved? March 10, 2009Appeal to City Council and Mayor re: Rhoades Minor Subdivision Project Does Not Fit the Intent of the Neighborhood •The Lins purchased this lot in 2007 with the intention of building a custom-designed house and retiring to Carlsbad. •We chose this lot because it was large, ½ acre, and very spacious. •The spacious and unique character which initially attracted us to this site and neighborhood could be severely compromised, if the proposed project is realized. • March 10, 2009Appeal to City Council and Mayor re: Rhoades Minor Subdivision Project Does Not Fit the Intent of the Neighborhood •We thought that our neighbor’s house would be at least 130 feet away March 10, 2009Appeal to City Council and Mayor re: Rhoades Minor Subdivision Project Does Not Fit the Intent of the Neighborhood •It could be as close as 55 feet away. •We are limited to a height restriction of 10 feet in terms of what we can plant within a view easement between the two lots. March 10, 2009Appeal to City Council and Mayor re: Rhoades Minor Subdivision •Proposed project density is 4.76 which exceeds the Growth Management Control Point of 3.2 dwelling units per acre. •The planning department utilized a provision which states that “there are exceptional cases where the base zone is consistent with the land use designation but would permit a slightly higher yield than that recommended.” –The project is not compatible with the City of Carlsbad land use objectives –It does not permit a slightly higher yield, but in fact doubles the density. Exceptional Status March 10, 2009Appeal to City Council and Mayor re: Rhoades Minor Subdivision Substandard Lot –Exceptional Status? •What is so exceptional about this project that it should be granted a density bonus? It barely meets the standards, if at all, of the following criterion: –Buildable area –House size –General plan objectives –Parking and turnaround conditions –Drainage and stormwater issues •Commissioner Montgomery asked for the staff’s reasoning for the increase in density under a general plan provision and the exceptional findings as to why it should be granted.This question has not been answered •This project is too far from Carlsbad’s vision and it is not clear what particulars afford this project “exceptional status”. March 10, 2009Appeal to City Council and Mayor re: Rhoades Minor Subdivision Substandard Lot –Exceptional Status? •It would be very difficult to build a home on this lot (buildable area shown shaded) •The footprint including garage is about 1,500 square feet. •The house would most likely fill the entire building pad, leaving no room for a yard. •View easement March 10, 2009Appeal to City Council and Mayor re: Rhoades Minor Subdivision Substandard Lot –Exceptional Status? •All the other houses in the area have yards •Why should this lot be given exceptional status when it does not even afford the owner a yard? March 10, 2009Appeal to City Council and Mayor re: Rhoades Minor Subdivision Substandard Lot –Exceptional Status? •No yard possible if house fills the pad. •The rest of the site is driveway or 2:1 slope March 10, 2009Appeal to City Council and Mayor re: Rhoades Minor Subdivision Substandard Lot –Exceptional Status? •Here we’ve zoomed into the neighborhood of larger lots that we consider to be the correct context. March 10, 2009Appeal to City Council and Mayor re: Rhoades Minor Subdivision Other Panhandle lots are bigger March 10, 2009Appeal to City Council and Mayor re: Rhoades Minor Subdivision Substandard Lot –Exceptional Status? •Parking turnaround does not really work as drawn •Note the cars shown have actually gone beyond the turnaround area. •This document should have been rejected by the City March 10, 2009Appeal to City Council and Mayor re: Rhoades Minor Subdivision Controversial Project •The planning commission voted 3:2 against the appeal. There was doubt expressed by Commissioners Montgomery and Whitton. •All the adjacent neighbors in the original Lynn Minor Subdivision are strongly against this project and are trying to appeal this project. •Many other neighbors are opposed and have written letters to the City •Has there ever been a case where a density bonus has been awarded with so much opposition? March 10, 2009Appeal to City Council and Mayor re: Rhoades Minor Subdivision View Easement •There is a view easement on record that states that no temporary or permanent improvements are allowed on the southern 15’ of the property •Only exceptions named in the easement are a 6’ fence and some trees/shrubs •Grading is considered an improvement March 10, 2009Appeal to City Council and Mayor re: Rhoades Minor Subdivision Drainage and Stormwater Issues •This project has several drainage and stormwater issues –There is an increase to the amount of impervious area than originally designed –Wwater used to run at a gradual slope. The water runoff, as proposed, will sheet off at a much greater speed on the 2:1 slope and does not have the opportunity to be retained into the ground. March 10, 2009Appeal to City Council and Mayor re: Rhoades Minor Subdivision Drainage and Stormwater Issues •We are not convinced that this meets the Storm Water Management Plan for the Lynn Subdivision. •Michael Benesh’s letter dated March 3, 2009 –Historically, water has drained across the entire property line between the proposed project and the Cordoza lot. –Proposed project concentrates the runoff in the southwest corner, resulting in soil degradation due to steepness of slope –Proposed plan is calling for retention ponds on top of the fill slope –Soils report states that standing water should not be allowed on top of the fill slope. –Retention ponds will further reduce the available space for a house –Stormwater quantity being diverted to Triton Way would be a significant change from the current condition, causing problems with stormwater capacity at the bottom of the street. –There may be increased levels of pollutants draining to the street from the driveway on the proposed panhandle lot. •These drainage issues can have serious consequences to the City of Carlsbad, and we don’t understand why this hasn’t been studied further. March 10, 2009Appeal to City Council and Mayor re: Rhoades Minor Subdivision Project does not meet General Plan Objectives Element Goals, objectives and implementing policies & action programs Comments Goals A.1 A City which preserves and enhances the environment, character and image of itself as a desirable residential, beach and open space oriented community. A.2 A City which provides for an orderly balance of both public and private land uses within convenient and compatible locations throughout the community and ensures that all such uses, type, amount, design and arrangement serve to protect and enhance the environment, character and image of the City. Proposed subdivision does not provide orderly balance. It also does not enhance the environment; rather, the water retention issues and increased density of development negatively impact the environment. It reduces the amount of open space. March 10, 2009Appeal to City Council and Mayor re: Rhoades Minor Subdivision Project does not meet General Plan Objectives Objectives B.1 To create a distinctive sense of place and identity for each community and neighbor-hood of the City through the development and arrangement of various land use components. Area of existing development is a distinctive place due to larger lots. The proposed development is in contrast to this distinctive, special nature. Implementing Policies And Action Programs C.1 Arrange land uses so that they preserve community identity and are orderly, functionally efficient, healthful,convenient to the public and aesthetically pleasing. Proposed subdivision is not orderly and definitely not functionally efficient (esp. panhandle parcel). Implementing Policies And Action Programs C.2 Establish development standards for all land use categories that will preserve natural features and characteristics,especially those within rural, coastal and/or hillside areas. Proposed subdivision does not preserve the natural slope. It has additional grading. In fact, it significantly alters the historical drainage patterns and increases stormwater runoff. March 10, 2009Appeal to City Council and Mayor re: Rhoades Minor Subdivision Project does not meet General Plan Objectives Implementing Policies And Action Programs C.6 Review the architecture of buildings with the focus on ensuring the quality and integrity of design and enhancement of the character of each neighborhood. Integrity of design is sacrificed due to the effect of the squeezed-in lot. The project does not enhance the character of the neighborhood. In fact, it detracts from it. Implementing Policies And Action Programs C.7 Evaluate each application for development of property with regard to the following specific criteria: 1. 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 neighboring development. Proposed site design is not in harmony with adjacent lots March 10, 2009Appeal to City Council and Mayor re: Rhoades Minor Subdivision •According to 21.53.230, clause d, “no more than fifty percent of the portion of a site containing twenty-five to forty percent slopes may be utilized for calculating allowable residential density.” •Please note that this clause of the code does not refer to natural slopes, as does section 21.53.230, clause b4. •Therefore, it is not correct to use the gross area of the site, or 0.42 acres for this calculation. –On the existing site, some parts of the site have slopes greater than 25%. –We calculated this area with slopes over 25% to be 2,370 square feet (see figure 7). Density Calculations March 10, 2009Appeal to City Council and Mayor re: Rhoades Minor Subdivision Density Calculations •If only 50% of this area is allowed to be counted towards residential density, the developable lot area is reduced from 18,230 to 17,045 square feet. Calculations are shown below. 2,370 (non-developable area, slopes over 25%) * 50% = 1,185 sf 18,230 (gross area) –1,185 (from above) = 17,045 sf = actual developable area 17,045 sf = 0.39 acres With two dwelling units, the density is greater than 5. 2 (dwelling units) / 0.39 acres = 5.13 •We can also illustrate this using the equation from section 21.53.230, clause e of the code, shown below. In this case, we have used the maximum allowable density (includes 25% overage) and according to table A, should be rounded down to the nearest whole number which is 1 dwelling unit. developable lot area (in acres) x density = unit yield 0.39 x 5 = 1.95 1.95 rounds down to 1 March 10, 2009Appeal to City Council and Mayor re: Rhoades Minor Subdivision Unfair and Preferential Treatment •Bill Lynn was not allowed to declare exceptional findings on this same site in 2004. However, an ex-city engineer from Hofman Planning has found a way to do this in 2008/2009 •Buildable Area –We were informed that we were to calculate the build-able lot area based on slopes less than 2:1 -inclusive of ALL slopes and not restricted to natural slopes. –This differing interpretation is what limited us severely in our design approach and what has allowed this new subdivision to be possible. •We do not feel that the treatment of the various parties has been fair. March 10, 2009Appeal to City Council and Mayor re: Rhoades Minor Subdivision Sets a Bad precedent •Commissioner Montgomery thought that the intent of the lot was established with the previous subdivision. •Sets the stage for approved minor subdivisions to be split again and again. •If the density bonus is utilized for this project, won’t it be used for all future projects seeking planning approval? –If and when the horse property to the west is split, won’t they request a density bonus too? March 10, 2009Appeal to City Council and Mayor re: Rhoades Minor Subdivision Concluding Remarks •Project should never have been approved 1.The project has not demonstrated that it merits exceptional status. 2.Project does not fit the intent of the neighborhood 3.This project has too much opposition to be afforded exceptional status. 4.Violates the view easement on record 5.Has several stormwater and drainage problems 6.Is not in line with the General Plan of Carlsbad 7.Questionable Density Calculations 8.Demonstrates preferential treatment from the City of Carlsbad 9.Sets a bad precedent March 10, 2009Appeal to City Council and Mayor re: Rhoades Minor Subdivision Concluding Remarks –Exceptional Status •Why is this density bonus warranted? •How is this project beneficial to the City? •“During the last hearing, Commissioner Montgomery asked for the staff’s reasoning for the increase in density under a general plan provision and the exceptional findings as to why it should be granted.”This question has not been answered •It doesn’t seem right that Carlsbad should reward a project that lessens the character of the City. •Therefore, we strongly oppose the approval of this project, and hope that you understand and support our position. Rhoades Minor Subdivision Appeal CDP 08-06 Minor Coastal Development Permit Location Map POINSETTIA LN BLACK RAIL RDTRITON ST ZEPHYR CT SITIO SAGO SITIO CEDRELA CDP 08-06 Rhoades Minor Subdivision SITE MAP EL CAMINO REA L LA COSTA AVCOLLEGE B LCARLSBAD BLAVIA R A PY ME LROSE DR General Plan: RLM Zoning: R-1-7,500-Q.42 acres POINSETTIA LN BLACK RAIL RDTRITON ST ZEPHYR CT SITIO SAGO SITIO CEDRELA 0 100 20050 Feet CDP 08-06 Rhoades Minor Subdivision Water Facility Existing Church CDP 08-06 Request Site: .42 acres Zoning: R-1-7,500-Q Proposal:2 minimum 8,343 sq. ft. lots including one panhandle lot. View facing south View facing southeast View facing northwest View facing west Project Background October 15, 2008 –The Planning Director Approved CDP 08-06. A timely appeal to Planning Commission was later submitted. January 7, 2009 –The Planning Commission voted 3-2-2 to deny the appeal. January 16, 2009 -four household neighbors filed a timely appeal of the Planning Commission’s decision to City Council Appeal to City Council Reason #1: The proposed net square footage on Parcel #2 is not consistent with past projects and current standards. Additionally, the standard being applied to the proposed subdivision is in conflict with the standards applied to the project proposed on the adjacent parcel. R-1-7,500-Q Zoning Ordinance Consistency STANDARD REQUIRED/ALLOWED PROPOSED Lot Size 7,500 square feet minimum Parcel 1:8,343 sq. ft. Parcel 2: 8,081 sq. ft Lot Width 60 feet minimum Parcel 1: 93 ft. Parcel 2: 80 ft. Buildable Area (Excluding environmentally sensitive /undevelopable lands listed under Section 21.53.230) Parcel 1: 7,500 sq. ft. min. Parcel 2 (Panhandle Lot): 8,000 sq. ft. min. in zone districts permitting less than 10,000 sq. ft. Parcel 1:8,343 sq. ft. Parcel 2:8,081 sq. ft. Panhandle (PH)Width 20 feet minimum 20 feet PH Length 150 max 90.23 feet PH paved driveway width 14 feet minimum 14 feet Appeal to City Council Reason #2: The proposed subdivision is not in harmony with the current scheme of the neighborhood and is in conflict with current language in the general plan. 71,438.40 square feet 7,596 square feet General Plan Land Use Compliance RLM Density Range: 0-4 du/acre Growth Management Control Pt: 3.2 du/acre Proposed Density: 4.76 du/acre General Plan provision allows projects designated RLM to go up to 25% above top of the density range (4 du/acre* 1.25 = 5 du/acre) R-1-7,500 allows 7,500 sq. ft. min. lot sizes 1 Acre = 43,560 sq. ft. 43,560 sq. ft. divided by 7,500 sq. ft. = 5.8 du/acre Appeal to City Council Reason #3: There is an injunction being filed in relation to the recorded easement on Parcel #2. Private View Easement Total Square feet: Approx. 1,693.20 sq. ft. Setback: 15 feet from south property line Project Consistency 2.Growth Management Ordinance 1.Residential Low-Medium (RLM) General Plan Land Use Designation 4. One-Family Residential, Qualified Development Overlay Zone (R-1-7,500-Q) 3. Mello II Segment of the Local Coastal Program and the Coastal Resource Protection Overlay Zone Recommendation ADOPT City Council Resolution No. 2009-048, DENYING the appeal to City Council and upholding the Planning Commission’s decision to DENY the appeal to Planning Commission and uphold the decision of the Planning Director to APPROVE Coastal Development Permit application No. CDP 08-06. View facing west View facing south (northwest corner) - Th~s space is fr le County Clerk's Filing Stamp PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA 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 the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times- Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court ~ecree number 171349, for .the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: February 27th, 2009 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at OCEANSIDE, California /7 NORTH COUNTY TIMES Legal Advertising Proof of Publication of NorlCE OF PUBLIC HEARING NOTiCE IS HEREBY GIVEN to youthat the Ci Council of the City of Carisbad wtll hold a pu%iic heailn at the Council Chambers 1200 Carlsbad Vllla e8rive. Carlsbad. California. ai 6:00 p.m. on ~ues8ay March 10 2009 to consider denying an appeal and uphoidingihe ~IAnnin Cam mission's declslon to deny the appeal to ~?~~~!~g CommiSSlOn and uphold the dscision of the Plann~ng Diiector to ap rove Coastal Development Permit ap- plication No ~DP 08-06 on pro erly generally locat- ed on the south side of Triton Rreet west of Mack Rail Road sovth of Poinsenia Lane 'and within the Mello Ii Sigment ot the CiYs Local doastal Program and more particularly described as: Parcel 1 of Parcel Ma No 19411 in the Clx qf Carlsbad County of &n 01s o State of Cal or nla, assoidins to map thereo?llb in the olticc of the Coun Recorder of Ssn Dlego County, Janu- ary 23.20% Those ersons wishing to speak an this proposal are cordial6 invited to anend the public hearin Copies of the agenda bill will be available on and afer~arch 6 2009. If YOU have any questions please call Shel- fj2~ygIyYbar in the Planning De6artment at (760) if you challenge the Coastal Development Permit in court, YOU may be limited to raising on1 those issues you or someone else raised at the pubk hearin de scr~bed in this notice or in wrinen correspandtenc; delivered to the City of Carlsbad, ,Ann: C Clerk's Office, 1200 Carlsbad Village Dnve, ~arl%ad. CA 92008, at or prlor to the publlc hearing. CASE FiLECDP 08-06 CASE NAME:RHOADES MINOR SUBDIVISION PUBLISH: FEBRUARY 27.2009 NCT2200222 CITY OF CARLSBAD CITY COUNCIL