HomeMy WebLinkAbout1998-09-02; Planning Commission; ; CDP 98-13 - RANCHO REALP.C. AGENDA OF: September 2, 1998
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Application complete date: March 6, 1998
Project Planner: Elaine Blackburn
Project Engineer: Clyde Wickham
SUBJECT: CDP 98-13 -RANCHO REAL -Request for a Coastal Development Permit to
allow development of 35 single-family detached residences on a site located on
the West side of El Camino Real between Kelly Drive and Hidden Valley Road
and within Local Facilities Management Zone 1.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 4378
APPROVING CDP 98-13 based upon the findings and subject to the conditions contained
therein.
II. INTRODUCTION
This application is for a Coastal Development Permit for a 39-lot 35-unit residential
development. The proposed residences are single-family detached units on small lots. The
project also includes an open space lot, an RV parking area, and a common recreation area. The
requested coastal development permit is associated with an approved tentative tract map, hillside
development permit, planned unit development permit, and special use permit. Staff has
reviewed the project and concluded that there are no planning issues associated with it.
III. PROJECT DESCRIPTION AND BACKGROUND
This application is for a Coastal Development Permit for a 35-unit single-family residential
development. The project site is a 16.85-acre parcel located on the west side of El Camino Real
between Kelly Drive and Hidden Valley Road. The project includes additional lots for open
space, recreation and RV parking. The majority of the residential lots range from 6,000 to 7,000
square feet in size. The common recreation lot is 13,180 square feet and provides a sand
volleyball play area.
The project is designed as a small lot single-family planned unit development (PUD) and
complies with all PUD requirements, including the City's Small Lot Single Family Architectural
Guidelines. The proposed project has several valid project approvals dating back to 1991. A
tentative tract map (CT 90-13), hillside development permit (HOP 90-19), planned unit
development permit (PUD 90-16), and special use permit (SUP 90-7) were all approved on May
29, 1991. A coastal development permit was not processed concurrent with those permits
because the City did not have Coastal permitting authority at that time.
0
CDP 98-13 -RANCHO £t
September 2, 1998
Page 2
The applicant has received several extensions for the approved tentative tract map over the years,
including the most recently approved I-year extension granted by the Planning Commission on
July 28, 1998. That I-year extension will keep the map active until May 29, 1999. At that time
the map will expire, as no more time extensions are possible. Over the years new conditions
have been added to the approved tract map as warranted, including a condition addressing
inclusionary housing requirements. Because this project predates the City's inclusionary housing
ordinance, the project is allowed to satisfy it's affordable housing requirements by the payment
of a housing impact fee. Finally, staff recently approved a substantial conformance exhibit
which revised the project grading slightly.
Pursuant to Section 21.58.020 of the Carlsbad Municipal Code, the approved HDP, PUD, and
SUP automatically remain valid permits until the CT expires. The project design satisfied all
requirements of the HDP, PUD, and SUP regulations at the time of approval and remain in
compliance with such requirements today. In turn, the City's applicable ordinances and
regulations are consistent with the Coastal Zone regulations.
The project site is somewhat constrained by areas of steep slopes, a cultural resource area, and a
high power transmission easement. The southern tip of the property is located within the I 00-
year floodplain. (The cultural resource area is to be covered and undisturbed, and no
construction will occur in the floodplain area.) The site is currently used for agricultural
activities.
The General Plan and zoning designations for the project site and the surrounding areas are as
shown in Table I below.
Table 1: GENERAL PLAN AND ZONING DESIGNATIONS
General Plan Zoning
Project Site RLM R-A-10,000
North RLM R-1, RMHP
East RLM L-C
South OS P-C
West O-S,RLM P-C, R-1
IV. ANALYSIS
The recommendation for approval for 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 regulations is discussed in detail in the sections below.
A. Coastal Development Regulations
This project is located within the Mello II segment of the City's Local Coastal Program and is
subject to the land use policies and implementing ordinances which are a part of that segment.
Those policies and ordinances address the preservation of agriculture and scenic resources,
CDP 98-13 -RANCHO R.bL
September 2, 1998
Page 3
protection of environmentally sensitive resources, provision of shoreline access, and prevention
of geologic instability and erosion.
The project site, while currently utilized for agricultural activities, is in an area identified as
"urbanized" and does not contain any agricultural lands designated as significant by the Coastal
program. The site also does not contain any scenic resources or environmentally sensitive
resources. Since this project site is not along the coastline, provision of shoreline access is not an
applicable requirement. While the site contains some steep (25% or greater) slopes, it is not
predominated by such slopes and none of the slopes contains any environmentally sensitive
vegetation. Finally, the grading for the proposed project must conform to all City of Carlsbad
Engineering Standards. Implementation of those standards will control potential impacts from
erosion.
V. ENVIRONMENTAL REVIEW
This project (the Coastal Development Permit application) has been determined to be within the
scope of the previously approved environmental documents for the project. Consequently, a
Notice of Prior Compliance was issued on August 1, 1998.
This project was originally approved with a Mitigated Negative Declaration. Although there
were no sensitive resources on the subject site, there were potentially sensitive resources
(including Least Bells Vireo songbirds) on the neighboring site (the Kelly property).
Consequently, the mitigation plan required the developer to conduct additional surveys for the
presence of the bird and to do additional mitigation if the bird was present. In addition, the
mitigation plan required recordation of a 100' wetlands buffer easement, an update of noise
impact calculations on the future structures, and implementation of runoff/erosion control
methods. Some of these mitigation measures have already been completed, while others cannot
occur until the project is more advanced.
When a Tentative Map Extension was requested in 1997 (CT 90-13x2), staff required the
applicant to submit supplemental environmental documents (including reports based upon the
required new field studies and a new initial study) to evaluate the adequacy of the original
mitigation requirements. Based upon a review of those documents and discussion with interested
agencies, it was determined that, pursuant to Sections 15162 and 15163 of the California
Environmental Quality Act, no additional environmental documentation was required and that
the project was in compliance with the previously approved environmental documents. (No
Least Bells vireo were found on the site by the latest survey.) The wetlands buffer easement
must occur prior to the recordation of the final map, and the updated noise impacts analysis is to
be done only when a final grading plan is prepared.
CDP98-13-RANCHO~
September 2, 1998
Page4
ATTACHMENTS:
1. Planning Commission Resolution No. 4378, (CDP 98-13)
2. Location Map
3. Disclosure Statement
4. Planning Commission Resolution No. 3237, dated May 29, 1991 (Mitigated Neg Dec)
5. Planning Commission Resolution No. 3238, dated May 29, 1991 (CT 90-13)
6. Planning Commission Resolution No. 3239, dated May 29, 1991 (HDP 90-19)
7. Planning Commission Resolution No. 3240, dated May 29, 1991 (PUD 90-16)
8. Planning Commission Resolution No. 3241, dated May 29, 1991 (SUP 90-7)
9. Planning Commission Resolution No. 3544, dated October 6, 1993 (CT 90-13xl)
10. Planning Commission Resolution No. 4191, dated November 5, 1997 (CT 90-13x2)
11. Planning Commission Resolution No. 4333, dated July 28, 1998 (CT 90-13x3)
EB:dch:mh
RANCHO REAL
CDP 98-13
Cit}' of Carlsbad
■46 i ,\,h ef •l•l§ •hi, i, h§ ,i i
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:
1.
2.
3.
APPLICANT
List the names and addresses of alt persons having a financial interest in the
application.
Athalon Property Services Group, Inc_. ___ 9_2_2_7 __ H_a_v_e_n_A_v_e_n_u_e ___ s_u_i_t_e_2_25
Rancho Cucamonga, CA 91730
OWNER-
List the names and addresses of alf persons having any ownership interest in th~
property involved ..
General.Securities.CoTp P.O. Box 12
Carlsbad, CA 92018
tf any person tdentified pursuant to ( 1) or (2) above is a corporation or partnership,_
Jist the names and addresses of all individuals owning more than 10% of the shares
in the corporation or owning any partnershi'p interest in the partnership.
Athalon Charles J. McLaughlin (100%)
General Se~urities Corp Don Hensel
,·.~ James B. Panther
4. If any person identified pursuant to ( 1) or (2) above isll · non-profit organization or a
trust, list the names and addresses of any person serving as officer or director of
the n_on-:profit organization or as trustee or beneficiary of the trust.
Not Applicable
.;
2075 Las Palmas Dr. ~ .... Carlsbad, CA 92009-1576 • (619) 438-1161 • FAX (G19) 438-0894
. '..il
-·
5. Have you had rr, ..: than $250 worth of business tra. .JCted with any member of
City staff, Boards, Commissions, Committees and/or Council within the past twelve
(12) months?
0 Yes [xi No · If yes; please indicate person{s): __________ _ ..
~-,
Person is defined as uAny individual, firm, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city
and county, city municipality, district or other political subdivision or any other group or
combination acting as a un.it."
NOTE: Attach· additional sheets if necessary.
.· Signature of owner/date Signature of a
1/'!>o[<if
Print or type name' of owner. Printror type name of applicant
'·4$
. .:
, •:.~
, .. , ..
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Disclosure Statement 10/96 Page _2 of 2 ·