HomeMy WebLinkAbout1980-08-27; Planning Commission; ; MS 402-JORDANSTAFF REPORT
DATE: August 27, 19E'O
TO: Planning Commission
FROM: Planning Department
SUBJECT./-MS-402 - OEDAN - Request for a minor subdivision
nM-' three lots, two of which will be panhandle
lots on property generally located on the west side
of Park Drive, north of Sunrise Circle in the R-1
Zone.
I. PROJECT DESCRIPTION
As the Planning Commission will recall, this item was
reviewed at the Planning Commission meeting of January
9, 1980. At that time, staff recommended that the
Commission deny the proposed minor subdivision with
panhandle lots because the slope of thu property was
only minor, the configuration of the property was
regular, and most importantly, an extension of James
Drive to give access to the parcels would be preferable
to creating panhandle lots. At the Planning Commission
meeting of J'nuary 8, 1980, the Commission continued
the item to the meeting of January 23, 1.980 in order to
give the applicant and staff the opportunity to talk
with the property owner louated adjacent to the wester-
ly boundary of the subject property concerning the
future extension of James Drive. The applicant and
staff attempted, but were unable to contact the adja-
cent property owner before the Planning Commission
meeting of January 23, 1980 and the item was again
continued.
At the Planning Commssion of March 14, 1980, a memoran-
dum from the staff explained that the staff and appli-
cant hod contacted the property owner adjacent to the
west concerning the future expansion of James Drive.
In this memo, staff explained that the details concern-
ing the future extension of James Drive had not been
extirely resolved between the applicant and his neigh-
bors and requested that the Planning commission con-
tinue this item to the meeting of May 14, 1930. Al; a
later date, this item was continued indefinitely be-
cause the applicant was unable to get any response from
his neighbor.
In July, the applicant notified the staff that they
wished to proceed with the map as originally submitted
since they were unable to get any response or coopera-
tion from their neighbor to the west of their property.
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The subject property is an approximately 1.60 acre site
located on the west side of Park Drive, just north of
Sunrise Circle. The majority of the site is undeveloped,
except for a single family residence in the southeast
corner and several sheds near the center of the site.
The property slopes downward to the west with a slope
of approximately 7t. Several large eucalyptus and pine
trees exist along Park Drive and also near the central
western portion of the site. It appears as though the
proposed driveways may necessitate removal of at least
one or two of these trees. Also, approximately 225
cubic yards of balanced cut and fill is proposed in
order to create the desired pad levels and driveways.
II. ANALYSIS
Planning Issues
1) Can the necessary findings required by the Zoning
Ordinance be made, specifically that the property
cannot be adequately served by a public street
with panhandle lots due to unfavorable conditions
and that approval of panhandle lots will not
preclude the ability to provide full public street
access to other properties in the same block?
2) Do the proposed panhandle lots conform with the
zoning r -2quirements of the R-1 Zone in which they
are located?
Discussion
As shown on Exhibit °A", dated August 12, 1980, the
applicant proposes to subdivide a 1.6 acre site into
three lots, two of which will be panhandle lots. The
resulting lots will range in size from 19,376 to 20,572
square feet in net acreage. As proposed, the project
meets all of the requirements of the R-1 Zone relating
to panhandle lots. Specifically, the project meets the
minimum buildable area and minimum panhandle width
requirements. In addtion, the ma:imum allowable length
for panhandles is not exceeded.
However, before the Planning Commssion can approve a
panhandle lot, the following findings must be made:
1) The property cannot be served adequately with a
public street without panhandle lots due to unfa-
vorable conditions resulting from unusual topog-
raphy, surrounding land development, or lot
configuration;
2) Subdivision with panhandle lots will not preclude
or adversely affect the ability to provide full
public street access to other properties within
the same block as the subject property.
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Originally, the staff recommended that this minor sub-
division with panhandle lots be denied. Staff felt
that it would be preferable to extend James Drive along
the westerly edge of the property. This would allow
the property to be subdivided without creating panhandle
lots. The Staff Report noted that the applicant could
not provide for the improvement of the James Drive ex-
tension since the future right-of-way for this street
would only be partly located adjacent to the subject
property and would actually be separated from the best
right-of-way alignment of the street by a narrow strip
of the neighbor's land. Only through an agreement with
the property owner to the west could this extension be
possible.
The applicant has attempted to get his neighbor to the
west to cooperate in extending James Drive through his
property. The applicant even went so far as to have
his engineer develop a potential tenative map for his
neighbor illustrating how many lots he would be able to
develop if he extended James Drive through his property.
The neighbor does not appear to be willing to cooperate
with the applicant or the City in resolving this problem.
Staff feels that the Planning Commission can make the
first finding that this property cannot be adequately
served by a public street due to unfavorable lot config-
uration. This would be due to the fact that the appli-
cant can not extend James Drive without the cooperation
of his neighbor to the west, who despite repeated
eforts by the staff and applicant continues to be
unwilling to cooperate.
Secondly, the creation of these panhandle lots will not
preclude or adversely affect the ability to provide
full public street access to other properties within
the same block. Approval of this minor subdivision
will have no effect on the future alignment of James
Drive. Since the Planning Commission approved CT-80-
14/PUD-16 on July 23, 1980, it appears most likely that
James Drive will eventually enter Hillside Drive north
of the intersection at Park Drive and Hillside Drive.
Since this particular lot has problems affecting its
development not shared by other properties in this
area, approval of this lot split should not set an
undesirable precedent. If Gloria Lane were extended
into a cul-de-sac, it would allow the two large parcels
to the north of the subject property to subdivide and
create lots with minimum frontages on a public street.
When James Drive is eventually extended along its
presently prepared alignment, it would provide access
to the two lots directly south of the subject property
allowing them to develop without the use of panhandle
lots.
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III • RECOMMENDATION
Staff recommends that the Planning Commission adopt
Resolution No. 1683, recommending APPROVAL of MS-402,
based on the findings and subject to the conditions
contained therein.
ATTACHMENTS
Background Data Sheet
Disclosure Form
Location Map
PC Resolution No. 1683
Exhibit A
MN: is
8/18/80
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CSENO: MS-402
J\PpLIC3\1.'r: JORDAN
REQUEST ?D IIXW]?IOM: APPROVAL OF A TENTATIVE PARCEL MAP CREATING
TWO PANHANDLE LOTS ON THE WEST-SIDE OF PARK DRIVE BETWEEN HILLSIDE
DRIVE AND TAMARACK AVENUE IT4 LL.5¼..4.ITION LOT 1 3, PLnCW r ny MM' 215
Assesscrs Parcel Number- 207 - 622 - 03
Acres 1.60 No. oflctz 1
GENERAL PLAN P,ND ZONING
General flan Lard Use :esic'.ation RLM
Density All cw"-d 0-4 du/ac Density Pro 2 du/ac
Existing :cne R17 Proposed zone
Surrounding Zoning and 7'-.;se:
Zonirc Land. Use
North R47500 SFD
South R17500 SFD
EasS. R-1-7500 SF0
West R-1-7500 VACANT
PtiC RC,gs'j±S
School :isict CARLSBAD UNIFIED
Water :istrict CARLSBAD MUNICIPAL
Sewer District CARLSBAD MUNICIPAL 3fl7's
Pcblic Facilities Fee gnrrntt, dated R- 1 V P.o
(Other:
ENVTNMENTI¼L IMPACT Z\SSESSMETt
EXEMPT Negative Declaration, issued Log No.
E.I.R. Certified, dated
Other,
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the vndcrclgnedl state,that• WE Are the
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of the property de ~cribcd herein and hereby
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give 0(.21?_authorizatiori to the filing of this proppsedract
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map. __________at:are of and have had an opportunity to rend
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ulfle 20 (Subdivision .Ordinance). of the Carlsbad Municipal Code.
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Plame and Address of Subdivider.
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Name, address and phone number of Engineer or Licensed Land Suf-vcyor:
No. 24401
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I PLANNING COMMISSION RESOLUTION NO. 1683
2 A RESOLUTION OF THE'PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING THE
CREATION OF TWO PANHANDLE LOTS AS PART OF A
A MINOR SUBDIVISION LOCATED ON THE WEST SIDE OF
PARK DRIVE, NORTH OF SUNRISE CIRCLE IN THE R-1
r ZONE.
APPLICANT: JORDAN -
6 CASE NO: MS-402
WHEREAS, a verified application for certain property to, wit:
Lot 13 of Block G of Map 2132, Bellavista
has been filed with the City of Carlsbad, and referred to the Plan-
10 ning Commission; and
11 WHEREAS, said application constitutes a request as provided by
12 Title 21 of the Carlsbad Municipal Code; and
13 WHEREAS, the Carlsbad Municipal Code, Section 21.10.080 pro-
14 vides that any panhandle lots within a minor subdivision must be
15 approved by the Planning Commission; and
16 WCIEREAS, the Planning Commission did on the 27th day of August,
3.7 1980, hold a hearing as prescribed by law to consider said request;
18 and
19 WHEREAS, at said hearing, upon hearing and considering all
20 testimony and arguments, if any, of all persons desiring to be
21 heard, said Commission considered all factors relating to the Minor
ivision; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commis-
sion as follows:
That the foregoing recitations are true and correct.
B) That based on the evidence presented at the hearing, the Coin-
mission recommends APPROVAL of MS-402 based on the following
findings and subject to the following conditions.
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2 1) The property cannot be served adequately with a public street
without panhandle lots due to unfavorable conditions resulting
3 from the lot configuration and existing land development.
4 2) Subdivision with a panhandle lot will not preclude or adverse-
ly affect the ability to provide full public street access to
5
other properties within the same block since the project would
not set an undesirable precedent or interfere with access to
6 existing or future parcels.
7 3) The proposed subdivision is consistent with all elements of
the City's General Plan, including the land use element which
& designates this site for low-medium desity residential devel-
opment at 074 du/acre.
4) The proposed project will not result in any adverse environ-
10 mental impacts and it has been found to be exempt from the
Carlsbad Environmental Protection Ordinance per Section
11 19.04.090(C)4, which specifically exempts panhandle lots in
12
the li-i zones in developed areas.
5) The buildable portions of lots 2 and 3 shall be all portions
13 the lots that have a width of greater than 35 feet and the
frontyard is defined as the line running approximately north 14 to south along the rear property line of lot 1.
15 6) The project is consistent with all City public facility poli-
cies and ordinances and with Title 21 of the City's Municipal
16 Code.
17 Conditions
18 1) Approval is granted for NS'-402 as shown on Exhibit."A" dated
August 12, 1980, incorporated by reference and on file in the
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Planning Department. Development shall occur substantially as
shown unless otherwise noted in these conditions.
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2) The panhandle lot shall have three non-tandem parking spaces 21 with an approach not less than 24 feet in length with a proper
turnaround area to permit complete turnaround for forward
22 access to the street. Said parking and turnaround shall be
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subject to the approval of the City Engineer.
3) Structures permitted in the access portion of the lot shall be
24 limited to mailboxes, fences, trash enclosures, landscape con-
tainers and nameplates. Except for mailboxes, the structure
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shall not be greater than forty-two inches in height if located
within twenty feet of the street property line or greater than
26 six feet in height beyond this point.
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28 PC RESO #1683
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4) The property owner of the panhandle 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.
5) In addition to these conditions, the applicant shall comply
with all other conditions placed on the approved parcel map
by the City Engineer.
6) A reciprocal access agreement for the two panhandle lots
shall be entered into ,prior to final map approval subject
to the approval of the City Engineer.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Plan-
ning Commission of the City of Carlsbad, California, held on the
27th day of August, 1980, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
EDWIN S. SCHICK, JR., Chairman
CARLSBAD PLANNING COMMISSION
ST:
ALC¼3tUAC1L1 00LJ.0 LJ.J
D PLANNING COMMISSION
PC RESO #1683
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