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HomeMy WebLinkAbout1999-05-19; Planning Commission; ; CT 98-12|SDP 98-22 - MAGNOLIA GARDENSihe City of Carlsbad Planning Department IT TO THE PLANNINI Item No. P.C. AGENDA OF: May 19, 1999 Application complete date: December 29, 1998 Project Planner: Don Neu Project Engineer: Frank Jimeno SUBJECT: CT 98-12/SDP 98-22 - MAGNOLIA GARDENS - Request for approval of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, Tentative Tract Map, and Site Development Plan to create and develop a 15 lot residential subdivision with two second dwelling units on a 4.93 acre site located north of Magnolia Avenue and west of Valley Street in Local Facilities Management Zone 1. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 4548, 4549, and 4550 RECOMMENDING APPROVAL of a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, Tentative Tract Map (CT 98-12), and Site Development Plan (SDP 98-22), based on the findings and subject to the conditions contained therein. II.INTRODUCTION The proposed project is for the creation of a 15 lot single-family residential subdivision on an infill site located north of Magnolia Avenue and west of Valley Street. The project will consist of 15 single-family residences on lots all with areas greater than 7,500 square feet. The proposed density of the subdivision is 3.45 dwelling units per acre. Lot number 1 and 12 will include a second dwelling unit with the single-family residence to satisfy the majority of the affordable housing requirement for the project. The fractional affordable housing requirement of .55 of a unit will be satisfied by the payment of a fee as permitted by Section 21.85.040(c)(2) of the mclusionary Housing Ordinance. Because of the unusual configuration of the site seven panhandle lots are proposed. The design complies with all panhandle standards and the required findings can be made. City Council approval is required for panhandle lots in major subdivisions, therefore the Planning Commission is being requested to make a recommendation on the required applications rather than taking the final action. All City standards have been complied with and all necessary findings can be made. III. PROJECT DESCRIPTION AND BACKGROUND The project site is a 4.93 acres consisting of three assessor parcels located north of Magnolia Avenue and west of Valley Street. The property is located in Local Facilities Management Zone 1 in the northwest quadrant of the city. Topographically the site is relatively flat and is occupied CT 98-12/SDP 98-22 - MAGNOLIA GARDENS May 19, 1999 Page 2 by old deteriorating agricultural greenhouses. Surrounding land uses are primarily single family residences with some remaining agricultural uses. The proposed project is for the creation of 15 residential lots which will be developed with single-family detached residences, two of which will incorporate a second dwelling unit. The existing zoning for the property is single-family residential (R-l) which requires a minimum lot size of 7,500 square feet. The proposed lots range in size from 8,173 square feet to 19,516 square feet. The site development plan is required to demonstrate the design of the second dwelling unit. A building floor plan and elevations are proposed for the unit which includes the second dwelling unit. The second dwelling unit is 606 square feet in area and is located on the second floor above the garage with a separate entrance to the outside. Plans for the remaining units are not required by the existing land use designations. Proposed units will be checked for compliance with the standards of the R-l zone. The subdivision design contains 7 panhandle lots. The panhandle lots are necessary because of the existing lot configuration. Alternative designs to provide public access to the property in lieu of panhandle lots have been explored but none were possible without violating city requirements such as minimum lot depth. Proposed Street "A" will provide access to the adjacent property to the north which contains agricultural greenhouses so as to not preclude the possible future development of that property consistent with the R-l zoning designation. IV. ANALYSIS The proposed project is subject to the following plans, ordinances, standards and policies: A. Residential Low-Medium Density (RLM) General Plan Land Use Designation; B. Single-Family Residential (R-l-7,500) Zone Regulations; C. Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code); D. Inclusionary Housing Ordinance (Carlsbad Municipal Code Chapter 21.85); and E. Growth Management Regulations (Local Facilities Management Zone 1). The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable regulations and policies. The project's compliance with each of the above regulations is discussed in detail in the sections below. A. General Plan The General Plan designation for the project site is Residential Low-Medium Density (RLM). The RLM designation allows a range of 0-4 dwelling units per acre (du/ac). The RLM range has a growth control point of 3.2 du/ac. The density of the proposed single-family residential subdivision is 3.45 du/ac. The project complies with all elements of the General Plan as illustrated in Table A below: CT 98-12/SDP 98-22 - MA May 19, 1999 Page 3 cACTrNOLIA GARDENS O Table A - GENERAL PLAN COMPLIANCE ELEMENT Land Use Housing Public Safety Circulation USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM Site is designated for RLM at 3.2 du/ac Provision of affordable housing Review new development proposals to consider emergency access, fire hydrant locations, and fire flow requirements New development shall dedicate and improve all public right-of-way for circulation facilities needed to serve development PROPOSED USES & IMPROVEMENTS Single-family lots at 3.45 du/ac Construction of 2 second dwelling units and payment of a fee for .55 of a unit Required facilities have been conditioned in addition to automatic fire sprinkler systems for structures on specified lots A public street will be dedicated and constructed on the project site to serve the development and adjacent properties COMPLY? Yes Yes Yes Yes B. R-l-7,500 Zoning Regulations The project site is zoned Single-Family Residential (R-l-7,500). The proposed project meets or exceeds all applicable requirements of the underlying zone as demonstrated in Table B below. All lot sizes and widths meet or exceed the minimum requirements of the zone. All required setbacks, lot coverage, and building height for the zone will be reviewed by the Planning Department during building plancheck to confirm that the required standards are complied with. Table B: R-l ZONE COMPLIANCE STANDARD Minimum Lot Size - Std. Lot Minimum Lot Size - Panhandle Lot Minimum Lot Width - Std. Lot Minimum Lot Width - Panhandle Lot REQUIRED 7,500 sq. ft. 8,000 sq. ft. buildable area 60 feet 60 feet PROPOSED 8,173 sq. ft. 8,200 sq. ft. - 16,1 16 sq.ft. 69 feet and greater 70 feet and greater CT 98-12/SDP 98-22 - MAGNOLIA GARDENS May 19, 1999 Page 4 Maximum Panhandle Length 150 ft. for a single lot; 200 ft. for two adjoining lots 150 ft. max. for a single lot; 200 ft. max for two adjoining lots C. Subdivision Ordinance The Engineering Department has reviewed the proposed project and has concluded that the subdivision complies with all applicable requirements of the Subdivision Map Act and the City's Subdivision Ordinance. All major subdivision design criteria have been complied with including the minimum lot depth of 90 feet, provision of public access, required street frontage, and minimum lot area. The project is consistent with and satisfies all requirements of the General Plan and Title 21. It is also compatible with surrounding residential and agricultural land uses. The entire site will be graded. The total amount of cut grading for the site is 10,150 cubic yards, fill totals 8,850 cubic yards, and 1,300 cubic yards of dirt will be exported from the site. The developer will be required to offer various dedications (e.g., drainage easements, street right- of-way) and install street and utility improvements, including but not limited to, curbs, gutters, sidewalks, sewer facilities, drainage facilities, fire hydrants, and street lights. D. Inclusionary Housing Ordinance The City's Inclusionary Housing Ordinance (Chapter 21.85) requires that a minimum of 15% of all approved units in any qualified residential subdivision be made affordable to lower income households. The inclusionary housing requirement for this project would be 2.55 dwelling units. The applicant is proposing to satisfy this requirement by constructing two second dwelling units and purchasing a .55 credit for the remaining partial unit. Therefore, the proposed project complies with all applicable inclusionary housing requirements as demonstrated in table "C" below. The second dwelling unit design includes 606 square feet of area located on the second story over a three car garage. Parking for the second dwelling unit can be provided either as a separate walled off one car garage or as tandem parking in front of the garage. Table C: Inclusionary Housing STANDARD Inclusionary Requirements (Units/Fees) REQUIRED 2.55 dwelling units PROVIDED 2 attached second dwelling units and a .55 credit COMPLIANCE Yes E. Growth Management The proposed project is located within Local Facilities Management Zone 1 in the northwest quadrant of the City. The impacts on public facilities created by the project, and its compliance with the adopted performance standards, are summarized in Table D below. CT 98-12/SDP 98-22 - MAGNOLIA GARDENS May 19, 1999 PageS Table D: Growth Management Compliance STANDARDS City Administration Library Waste Water Treatment Parks Drainage Circulation Fire Open Space Schools Sewer Collection System Water IMPACTS 59.10 sq. ft. 3 1.52 sq.ft. 17EDU .11 acre Basin B 170ADT Station No. 1 N/A CUSD 17EDU 3,740 GPD COMPLIANCE Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes The proposed project is at the Growth Management dwelling unit allowance. V. ENVIRONMENTAL REVIEW The proposed project has been reviewed pursuant to the California Environmental Quality Act (CEQA). The initial study prepared in conjunction with the project determined that potentially significant impacts could be created as a result of agricultural chemical residue that may exist in the soil on site which could affect the health of future residents. The project site has been occupied by greenhouses which have been used to grow flowers. The required mitigation measure of Master Environmental Impact Report 93-01 prepared for the General Plan Update requires a mitigation measure which has been applied to the project mandating soils testing and analysis to evaluate the potential for soil contamination due to historic use, handling, or storage of agricultural chemicals. If hazardous chemicals are detected at concentrations in the soil which would have a significantly adverse effect on human health mitigation measures included in the required report will be implemented. The project is within the scope of the City's Master Environmental Impact Report which was utilized to address the project's cumulative air quality and circulation impacts. Please see the Environmental Impact Assessment Form - Part II for a detailed description of the mitigation measure and the expanded justification for the recommendation to approve the Mitigated Negative Declaration. In consideration of the foregoing, on January 29, 1999 the Planning Director issued a Mitigated Negative Declaration for the proposed project. The City has received its annual Growth Management Traffic Monitoring Report. The Report has recorded an unanticipated intersection "level of service" (LOS) failure at Palomar Airport Road (PAR) and El Camino Real (ECR) during both the a.m. and p.m. peak hours. This potentially creates a changed circumstance negating reliance on previous environmental documentation. Pursuant to §15162 of the CEQA Guidelines a lead agency must prepare a "Subsequent" environmental documentation if substantial evidence (i.e., the recorded intersection failure) determines that a changed circumstance exists. However, case law has interpreted this section of the CEQA Guidelines to not require the preparation of a "Subsequent C -"*> W' CT 98-12/SDP 98-22 - MAGNOLIA GARDENS May 19, 1999 Page 6 EIR" if mitigation measures are adopted which reduce the identified impacts to a level of insignificance. A mitigation measure has been identified which, if implemented, will bring the peak hours LOS into the acceptable range. The mitigation measure involves construction of two dual right turn lanes-northbound to eastbound and westbound to northbound. This project has been conditioned to pay its fair share of the intersection "short-term improvements" thereby, guaranteeing mitigation to a level of insignificance. ATTACHMENTS: 1. Planning Commission Resolution No. 4548 (Mit. Neg. Dec) 2. Planning Commission Resolution No. 4549 (CT) 3. Planning Commission Resolution No. 4550 (SDP) 4. Location Map 5. Background Data Sheet 6. Local Facilities Impact Assessment Form 7. Disclosure Statement 8. Full Size Exhibits "A" - "G", dated May 19,1999 DN:eh:mh MAGNOLIA GARDENS CT 98-12/SDP 98-22 BACKGROUND DATA SHEET CASE NO:CT98-12/SDP 98-22 CASE NAME: Magnolia Gardens APPLICANT: Pacific Scene Financial. LLC REQUEST AND LOCATION: 15 lot residential subdivision with two second dwelling units on a 4.93 acre site located north of Magnolia Avenue and west of Valley Street. _ LEGAL DESCRIPTION: That portion of Tract 245 of Thum Lands, in the City of Carlsbad. County of San Diego. State of California, according to Map thereof No. 1681. filed in the Office of the Count Recorder of San Dieo Count. December 9. 1915 _ APN: 205-220-42. 43 & 45 Acres: 4.93 Proposed No. of Lots/Units: GENERAL PLAN AND ZONING Land Use Designation: RLE Density Allowed: 0-4 Existing Zone: R-l Density Proposed: 3.1 Proposed Zone: N/A Surrounding Zoning, General Plan and Land Use: General Plan Site North R-l RLM R-l RLM South R-l RLM East R-l RLM West R-l RLM Current Land Use Agriculture Single Family Residential and Agriculture Single Family Residential Single Family Residential Single Family Residential PUBLIC FACILITIES School District: CUSP Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 17 Public Facilities Fee Agreement, dated: July 29. 1998 ENVIRONMENTAL IMPACT ASSESSMENT Negative Declaration, issued Certified Environmental Impact Report, dated. Other, Mitigated Negative Declaration dated January 29. 1999 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: Magnolia Gardens - CT 98-12/SDP 98-22 LOCAL FACILITY MANAGEMENT ZONE: 1 GENERAL PLAN: RLM ZONING: R-l DEVELOPER'S NAME: Pacific Scene Financial. LLC ADDRESS: 2505 Congress Street. Suite 2205. San Diego. CA 92110 PHONE NO.: 619-299-5112 ASSESSOR'S PARCEL NO.: 205-220-42. 43 & 45 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 4.93 ac.. 15 du + 2 sdu ESTIMATED COMPLETION DATE: A. City Administrative Facilities: Demand in Square Footage = 59.10 B. Library: Demand in Square Footage = 31.52 C. Wastewater Treatment Capacity (Calculate with J. Sewer) 17 D. Park: Demand in Acreage = .11 E. Drainage: Demand in CFS = N/A Identify Drainage Basin = B (Identify master plan facilities on site plan) F. Circulation: Demand in ADT= 170 (Identify Trip Distribution on site plan) G. Fire: Served by Fire Station No. = 1 H. Open Space: Acreage Provided = N/A I. Schools: CUSP (Demands to be determined by staff) J. Sewer: Demands in EDU 17 Identify Sub Basin = N/A (Identify trunk line(s) impacted on site plan) K. Water: Demand in GPD = 3.740 L. The project is proposing a total number of units equal to the Growth Management Dwelling unit allowance. City of Carlsbad Planning Department 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. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. 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 publiclv-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person 5££- fcrTfrC$M£fJT ft Corp/Part Title__ . Title Address Address OWNER (Not the owners 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-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Gloria Aguilera Goitia Corp/Part Title Owner Title Address 500 S. Santa Fe, Vista Address CA, 92084 2075 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (76O) 438-1161 • FAX (76O) 438-O894 NONPROFIT 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 N/A NOn Profit/Trust Title Title Address Address 4. Have you had more than $250 worth of business transacted with any member of City staff. Boards. Commissions, Committees and/or Council within the past twelve (12) months? Yes )j 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. Signature of owner/date c?rC-X*??^ Signature of applicant/date Gloria Aguilera Goitia Dennis M. Ferdig 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 5/98 Page 2 of 2 ATTACHMENT "A" TO DISCLOSURE STATEMENT Applicant Name: Pacific Scene Financial, LLC Members of Pacific Scene Financial, LLC 25% Member, Manager, and Vice President Brian N. Khoury, Trustee of the Brian N. Khoury Revocable Trust U/A/D January 27,1987, as amended 2505 Congress Street, Suite 200 San Diego, CA 92110 25% Member, Manager, and Vice President Jason B. Khoury, Trustee of the Jason B. Khoury Revocable Trust U/A/D January 27,1987, as amended 2505 Congress Street, Suite 200 San Diego, CA 92110 25% Member, Manager, Vice President, and Secretary Noelle F. Khoury, Trustee of the Noelle F. Khoury Revocable Trust U/A/D January 27, 1987, as amended 2505 Congress Street, Suite 200 San Diego, CA 92110 25% Member and Manager Tawfiq N. Khoury and Richel G. Khoury, Trustees of the TNKRGK Family Trust U/A/D December 23, 1976, as amended 2505 Congress Street, Suite 200 San Diego, C A 92110 Additional Officers: Dennis M. Ferdig, Vice President Russ Richard, Manager and President Tammy Miller, Vice President and Chief Financial Officer