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HomeMy WebLinkAbout2002-06-19; Planning Commission; ; CT 98-16X1 - WORTHING SUBDIVISION EXTENSIONc;he City or Carlsbad Planning Departmen? A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: June 19, 2002 Item No.@ Application complete date: May 21, 2001 Project Planner: Anne Hysong Project Engineer: Jeremy Riddle SUBJECT: CT 98-16xl -WORTHING SUBDIVISION EXTENSION -Request for a two-year extension of a Tentative Tract Map for a 5 lot residential subdivision located north of Buena Vista Drive between Arland Road and Wilson Street in Local Facilities Management Zone 1. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5214 ADOPTING a Negative Declaration and ADOPT Planning Commission Resolution No. 5215 APPROVING a retroactive extension of CT 98-16xl. II. INTRODUCTION The applicant is requesting a two-year extension of a tentative tract map approved on June 2, 1999, to enable sufficient time to process the final map. The applicant requested an extension of the tentative tract map prior to its expiration on June 1, 2001, in accordance with the Subdivision Ordinance. The findings specified in Planning Commission Resolution 4557 for the tentative map approval are still applicable and one new condition of approval is required to address NPDES for the project. III. PROJECT DESCRIPTION AND BACKGROUND The Worthing Subdivision map consists of five standard single family lots located in the northwest quadrant on the north side of Buena Vista Way between Arland Road and Wilson Street in the R-1 zone. CT 98-16 was originally approved by the Planning Commission on June 2, 1999 for two years unless extended. On May 21, 2001, the applicant requested an extension of CT 98-16 because he was unable to secure an easement required to grade a portion of the James Drive right-of-way from the adjacent property owner. Staff has worked with the developer in diligently pursuing the easement, however, attempts to negotiate a satisfactory agreement with the adjacent property owner failed. Subsequent to the request for an extension, the applicant requested and received Planning and Engineering Department administrative approval for a substantial conformance finding to move the 56' right-of-way to the east so that it is entirely within the boundaries of the subdivision. All conditions of approval imposed by Planning Commission Resolution 4557 for the project remain applicable, and one new condition is required to address NPDES. The two-year extension through June 2, 2003 will enable adequate time to obtain approval of a final map. I""" CT 98-16xl-WORTHIN~UBDIVISION June 19, 2002 Page2 IV. ANALYSIS The recommendation of approval for this request for a tentative tract map extension is based on the analysis that describes consistency with the applicable land use policies and regulations provided in the Staff Report dated June 2, 1999 for CT 98-16 attached to this report. The standard single-family subdivision is not subject to any new policies or regulations; therefore, the consistency analysis mentioned above remains applicable to the proposed extension. All conditions imposed by Planning Commission Resolution 4557 are applicable to the tentative map extension. The Subdivision Map Act allows for a tentative map to be extended for up to five years from the original date of approval; therefore, subsequent to the proposed retroactive two- year extension, CT 98-16 is eligible to be extended for one additional year. V. ENVIRONMENTAL REVIEW Two separate mitigated negative declarations were approved for the project to mitigate impacts associated with the project. The first, approved by the Planning Commission in June, 1999, was necessitated by the failure of the Palomar Airport Road and El Camino Real intersection. That failure has been mitigated; therefore the mitigation requirement is no longer valid. The second Mitigated Negative Declaration was issued by the Planning Director on May 19, 2000 to mitigate the impact of increased grading quantities by restricting the hours that the developer could tranport soil to and from the site. Based on an environmental impact assessment performed for the proposed tentative tract map extension, no new environmental impacts have been identified and a Negative Declaration has been issued for the proposed tentative map extension. ATTACHMENTS: 1. Planning Commission Resolution No. 5214 (Neg Dec) 2. Planning Commission Resolution No. 5215 (CT) 3. Location Map 4. Planning Commission Resolutions 4556 and 4557 dated June 2, 1999 5. Staff Report dated June 2, 1999 6. Mitigated Negative Declaration dated May 19, 2000 7. Exhibit "A" dated June 19, 2002 AH:cs SITE WORTHING SUBDIVISION CT 98-16x1 C :> City of Carlsbad Planning Department C}ri)__ A REPORT TO THE PLANNING COMMISSION • P.C. AGENDA OF: June 2, 1999 Item No.@ Application complete date: February 11, 1999 Project Planner: Anne Hysong Project Engineer: Ken Quon SUBJECT: CT 98-16 -WORTHING SUBDIVISION -Request for approval of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Tentative Tract Map to subdivide 1.51 acres into 5 single family residential lots located north of Buena Vista Way between Arland Road and Wilson Street in the R-1 zone in Local Facilities Management Zone 1. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4556 APPROVING a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Planning Commission Resolution No. 4557 APPROVING CT 98-16, based on the findings and subject to the conditions contained therein. II. INTRODUCTION The applicant is requesting approval of a tentative map for a five lot standard single family residential subdivision on two previously-graded in-fill lots totaling 1.51 acres in the R-1 zone. As designed and conditioned, the project is in compliance with the General Plan, Subdivision Ordinance, and the relevant zoning regulations of the Carlsbad Municipal Code. III. PROJECT DESCRIPTION AND BACKGROUND The proposed in-fill project consists of a request for a tentative tract map to subdivide two vacant parcels totaling 1.51 acres into 5 standard single family residential lots, including one panhandle lot, on the north side of Buena Vista Way between Arland Road and Wilson Street in the R-1 zone. The project site is designated by the General Plan for Residential Low-Medium (RLM) density allowing a maximum of 3.2 dwelling units/acre and zoned R-1 allowing a minimum of 7,500 square foot single family lots. The proposed density is 3.3 dwelling units/acre and all lots exceed 9,000 square feet in area. The subdivision includes a new public cul-de-sac street (James Drive) which provides frontage to four of the proposed lots. The future extension of James Drive to the north will provide access to existing and future lots resulting from the subdivision of larger parcels located between Garland Road and Wilson Street. The vacant parcels have been previously disturbed by agricultural activities and currently contain a variety of non-native trees and shrubs. The site's topography is relatively flat and the proposed balanced grading to create level building pads is minimal. The irregular shape of the combined ,, . ., C CT 98-16 -WORTHING SUBDIVISION June 2, 1999 Page 2 parcels necessitates the creation of a panhandle lot which will have 30' of frontage and is approximately 9,005 square feet in area exclusive of the panhandle driveway. The site is surrounded by existing single family development. The proposed subdivision is very similar to an expired tentative tract map (CT 89-32 -West Palm) which consisted of lots ranging in size from 7,565 square feet to 8,923 square feet. In May, 1990, the City Council approved CT 89-32 after denying an appeal of Planning Commission's decision to approve the subdivision. The appeal was based on concern by a resident that minimum lot sizes in this area should be a minimum of 9,500 square feet. The appellant's rationale for opposing the project was that by allowing the project density (3.3 du/acre) to exceed the growth control point (3.2 du/acre) and calculating density utilizing gross acreage, i.e., including the acreage needed for road improvements, lot sizes were reduced to the minimum to enable the additional density. While the proposed subdivision is still 5 lots, all of the lots now range in size from 9,005 square feet to 10,891 square feet (12,540 square feet including the panhandle driveway). This increase in lot sizes occurs due to the realignment and reduction in right-of-way width of James Drive so that only partial roadway improvements (half street plus 13' for a total of 41' of width) are required within the project boundaries. The proposed lot sizes are consistent with the minimum lot sizes approved in the surrounding area through minor subdivisions of larger parcels since 1990 ( see attached exhibit "Y"). The proposed subdivision is subject to the following land use plans and zoning regulations: A. General Plan B. Carlsbad Municipal Code, Title 21 (Zoning Ordinance) including: 1. Chapter 21.10 -R-1 One Family Residential Zone; 2. Chapter 21.85 -Inclusionary Housing C. Carlsbad Municipal Code, Title 20 (Subdivision Ordinance) D. Growth Management (Local Facilities Management Zone 1) IV. ANALYSIS The recommendation of approval for this project was developed by analyzing the project's consistency with the applicable policies and regulations listed above. The following analysis section discusses compliance with each of these policies/regulations utilizing both text and tables. C CT 98-16-WORTHING SUBDIVISION June 2, 1999 Page3 A. General Plan The project is consistent with the applicable policies and programs of the General Plan. Particularly relevant to the proposed standard single family subdivision are the Land Use and Housing elements. Element Use Classification, Goal, Proposed Land Use Compliance Objective, or Program Land Use RLM (0 -4 Dwelling Units Project is single family at a Yes /Acre) GCP (3.2 Dwelling density of 3.3 dwelling Units/ Acre)* units/acre* Urban low medium density single family residential development. * The General Plan allows * The project exceeds the GCP infill subdivisions in LFMP of 3.2 dwelling units/acre, Zone 1 to exceed the density however, it is an infill range and/or GCP up to 25% subdivision located in LFMP above the maximum allocation Zone 1 and is within the O -4 (5 dwelling units per acre), in RLM density range. Public those cases where the facilities are adequate in LFMP underlying zone would permit Zone 1 to accommodate the a slightly higher yield, proposed units and there are compatibility is ensured, and excess dwelling units in the Growth Management findings quadrant to ensure that the can be made. maximum number of dwelling units in the northwest quadrant would not be exceeded at buildout. Proposed 9,000+ square foot lot sizes are compatible with the minimum lot sizes created by minor subdivisions of larger parcels in the surrounding area. Circulation Require new development to Project is conditioned to Yes construct all roadways complete all street necessary to serve the improvements prior to development prior to or occupancy of any unit. concurrent with demand. Housing Ensure that subdivisions Project is conditioned to Yes provide a minimum of 15 % of satisfy its inclusionary housing the total units approved for requirement through the lower income households. payment of an inclusionary in- lieu fee. C CT 98-16 -WORTHING SUBDIVISION June 2, 1999 Page4 Bl. Chapter 21.10 -R-1 One Family Residential Zone The parcel is zoned R-1 allowing minimum 7,500 square foot lots. While the R-1 zoning would allow 7,500 square foot lots, consideration is also given to existing lot sizes in the surrounding area. The project site, which is currently vacant, is surrounded by existing single family lots of varying size. The proposed 9,000+ square foot lots are compatible with surrounding development in that existing lots adjacent to the proposed subdivision which cannot be further subdivided range from approximately 9,100 square feet to 16,125 square feet in area. Consistent with this existing development, other larger parcels in the area which can be further subdivided, are likely to create parcels similar in size to those proposed. As shown on the following table, the single family subdivision meets or exceeds the R-1 zone standards. The subdivision includes a panhandle lot which is necessitated by the unusual configuration of the parcel. The creation of the panhandle lot would not preclude the ability to provide full public street access to other properties within the same block. STANDARD REQUIRED PROPOSED Use Single Family Lots 5 Single Family Lots Lot Size Minimum 7,500 Sq.Ft. 9,005 -10,891 Sq. Ft. Lot Width: 60 Feet > 60 Feet *Panhandle Lots: Area Minimum 8,000 Sq. Ft 9,005 Sq. Ft. (Exclusive of access) (Exclusive of access) Panhandle drive length: 150' 150' Panhandle drive width: 20' minimum 20 -30' Panhandle Lot Width 60' >60' *The project is conditioned to require that all other development standards for the placement of units, drainage, and provision of parking spaces are provided when a structure is proposed on the panhandle lot. B2. Inclusionary Housing Ordinance Since the project consists of fewer than six lots, the project may satisfy its inclusionary housing requirement through payment of an inclusionary housing in-lieu fee in the amount established by resolution of the City Council in effect at the time of payment. Alternatives to this payment include the purchase of credits in a combined inclusionary project located in the northwest quadrant or the dedication of land or other nonmonetary contribution acceptable to the City Council. C. Subdivision Ordinance The proposed tentative map complies with all applicable requirements of the City's Subdivision Ordinance. All proposed lots meet requirements for area, lot width and depth, and frontage on a C CT 98-16 -WORTHING SUBDIVISION June 2, 1999 Pa~e 5 public street for both standard and panhandle lots. Lot 1 of the project will front on Buena Vista Way and half-street improvements will be provided along this frontage. Access to the other four lots will be provided by James Drive which will be a new 56' wide public street that will intersect with Buena Vista Way and cul-de-sac at the project's northern boundary. The new segment of James Drive is designed to line-up at the project's northern boundary with existing road easements. The City is currently reviewing an application for dedication from the property owner to the north for the remaining road easement necessary to extend James Drive north of the subject parcel. Future northerly extensions of James Drive will require an alignment study to determine the most efficient and effective alignment necessary to accommodate future development within the block. All necessary sewer, water, and storm drains will be designed and installed in accordance with City standards. D. Growth Management The proposed project is located within Local Facilities Management Zone 1 in the northwest quadrant of the City. The impacts created by this development on public facilities and compliance with adopted performance standards are summarized below: GROWTH MANAGEMENT COMPLIANCE STANDARD IMPACTS COMPLIANCE City Administration NIA NIA Library NIA NIA Waste Water Treatment 5EDU Yes Parks NIA NIA Drainage Yes Circulation 50ADT Yes Fire Station No. 1 Yes Open Space NIA Yes Schools 2.3 Students Yes Sewer Collection System 5EDU Yes Water 1100 GPD Yes V. ENVIRONMENTAL REVIEW Staff has conducted an environmental impact assessment to determine if the project could have a potentially significant effect on the environment pursuant to CEQA guidelines and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code. Based on the findings of the initial study Part II, the project qualifies as subsequent development to the City's MEIR for the City of Carlsbad General Plan update (EIR 93-01) certified in September, 1994, in which a Statement of Overriding Considerations was adopted for cumulative impacts to air quality and traffic at specific intersections. All feasible mitigation measures identified in the MEIR which are appropriate to this project have been incorporated into the project. C CT 98-16-WORTHING SUBDIVISION June 2, 1999 Page 6 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 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 tum 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. The Planning Director issued a Mitigated Negative Declaration on April 22, 1999 and no comments were received during the public review period which ended May 12, 1999. ATTACHMENTS: 1. Planning Commission Resolution No. 4556 (Mitigated Negative Declaration) 2. Planning Commission Resolution No. 4557 (CT) 3. Location Map 4. Disclosure Statement 5. Background Data Sheet 6. Exhibit "Y" 7. Reduced Exhibits 8. Full Size Exhibit "A" dated June 2, 1999 AH:eh \ SITE WORTHING SUBDIVISION CT 98-16 (,_ bity of Ccirlsbad ■ R hi O O i h· I ·l4 •Si 4 i; ,i§ U 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 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. I. APPLICANT (Not the applicant's agent) 2. 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 I 0% of the shares. IF NO INDIVIDUALS OWN MORE THAN I 0% 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.) ~~oo Brooks Worthing Title Owner -------------- Address P • 0. BOX 1 0 4 1 Carlsbad, CA 92018 OWNER (Not the owner's agent) Corp/Part _____________ _ Title ---------------- Address --------------- 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 I 0% 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 Brooks & Pamela Worthing Corp/Part _____________ _ Title Owners Address P • 0. Box 1 0 4 1 Carlsbad, CA 92018 Title ---------------- Address --------------- 2075 Las Palmas Dr.• Carlsbad, CA 92009-1576 • (760) 438-1161 • FAX (760) 438-0894 3. ( ( NON-PROFIT OR(""'NIZATION OR TRUST """""· If any person identif~ pursuant to (I) or (2) above is a nonpro~rganization 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 ---------Non Profit/Trust ----------- Tit I e ____________ _ Tit I e ______________ _ 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? D Yes □ 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. Brooks A. Worthing 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 i H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 .,-~ '-,; ....,,, BACKGROUND DATA SHEET CASE NO: CT 98-16 CASE NAME: Worthing Subdivision APPLICANT: =B=ro=o=k=s___.W_._o=rt"""h"""i"""ng ____________________ _ REQUEST AND LOCATION: Request to subdivide a 1.51 acre infill parcel located north of Buena Vista Way between Arland Road and Wilson Street in the R-1 zone into five single family lots. LEGAL DESCRIPTION: Portions of Lots 3 and 4 of the Wilsonia Tract, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 169, filed in the office of the County Recorder of San Diego County, August 13, 1929. APN: 156-131-31,-41 Acres: 1.51 Proposed No. of Lots/Units: -5-=L=o=ts"---------- GENERAL PLAN AND ZONING Land Use Designation: =RL~M~----------------------- Density Allowed: 3.2 du /acre Density Proposed: =3=.3c...:d...,u/==ac..,_r.,._e _______ _ Existing Zone: =R ..... -1"---------Proposed Zone: =R ..... -1"------------- Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site R-1 RLM Vacant North R-1 RLM Residential South R-1 RLM Residential East R-1 RLM Residential West R-1 RLM Residential PUBLIC FACILITIES School District: CUSD Water District: CMWD Sewer District: ..,.C=ar=l=sb,.,.a=d,__ ______ _ Equivalent Dwelling Units (Sewer Capacity): -5-=E=D~U _______________ _ Public Facilities Fee Agreement, dated: ..,.S..,.,epl"-'t=em=b=er~2~4_,~1=9~9=8 ____________ _ ENVIRONMENTAL IMPACT ASSESSMENT ~ Negative Declaration, issued :...A'-'"p""ri...._1-=2""'2,'""""1"""9'"""9"""'9 _______________ _ D Certified Environmental Impact Report, dated ______________ _ D Other EXHIBIT "Y" WORTHING SUBDIVISION \ BUENA VISTA WY b:'i:}fj;;'1 CAN BE FURTHER SUBDIVIDED ✓---~\~-------~·r\-...:-~:....:.:.~:...:.:~\-~--~ -CANNOTBEFURTHER ~~ SUBDIVIDED d\ ..... JIPLSflllliJPIS L[60fJ: ------- TJC.T liiiil @ c::> ~ --..... -----·---a........as: --I TENTATIVE TRACT MAP NO. 98-16 I I I I I 1111/1 u-•a.ai1t----•· _ .. _ ""'-... ...,.,.. -·-,,,,, ... UIIIMIICI-& .,,._...,_w ---""'--_ ... .,. -----.. ..,, ---- --tiff ...... .... flffff-----·----....... ••-SAUL ------___ ,,,_ ·-·fll&a. l-•--• l--------- (EXPIRED CT 89-32) --•••--lafNUCtlSt --·-·- f.11111..ma __ .. N&:t,ac.r. .. -·---·----.-.. _________ _ , ____ ,__, ... ,. _________ __ , .... .,_ .. ., ___ _ VICINITY MAP ...... LAND SPACE ENGHDING ---•: R.MMlli -CM. BMr&ali -SRWErNi msm-... .-.,amu,mCIJlmQ.01 ... arOIIJIMIII IMONJIHIIII DIDIBl&·IMP- CAl!aADDM.T ..