The URL can be used to link to this page

Home My WebLink About1999-05-05; Planning Commission; ; ZC 98-11|LCPA 98-08|CT 98 -18|CDP 98-85|HDP 98 -20 CARNATION PROPERTYThe City of CARLSBAJJ Planning Department A REPORT TO THE PLANNING CO MMISSION Item No. @ P.C. AGENDA OF: May 5,1999 Application complete date: May 5, 1999 Project Planner: Christer Westman Project Engineer: Clyde Wickham SUBJECT: ZC 98-11/LC PA 98-08ICT 98 -18KDP 98-85/HDP 98 -20 CARNATION PROPERTY - Request for approval of a Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program; a Zone Change and Local Coastal Program Amendment to designate the property for single family residential development; and approval of a Tentative Tract Map, Coastal Development Permit and Hillside Development Permit, for the subdivision of the property for 32 single family residential lots on 10.05 acres in Local Facilities Management Zone 20. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 4532, 4533 RECOMMENDING APPRO VAT, of Zone Change ZC 98-1 1 and Local Coastal Program Amendment LCPA 98-08 and ADOPT Planning Commission Resolutions No. 453 1,4534,4535, 4536 APPROVING a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Tentative Tract Map, CT 98-1 8, Coastal Development Permit, CDP 98-85 and Hillside Development Permit, HDP 98-20 based on the findings and subject to the conditions found therein. 11. JNTRODUCTION The project is a request to subdivide 10.05 acres into 32 single family residential lots. The site has a gentle level slope from east to west and has until recently been used for growing flowers. Currently there are several green houses onsite which will be removed. The project has been reviewed for environmental impacts and no unmitigable significant impacts were found. The subdivision complies with the requirements of the Zone 20 Specific Plan and is consistent with the General Plan and Local Coastal Program. No significant issues were identified. Staff recommends that the requests be approved. 111. PROJECT DESCRIPTION AND BACKGROUND Development of the site requires a change of zone from Limited Control to One Family Residential, approval of a tract map, Coastal Development Permit and Hillside Development Permit. No residential structures are being proposed at this time. The zone change includes a “Q” overlay, therefore a subsequent review of architecture and site planning will be ZC 98- 1 1 /LCPA 98-O8/C'l 98- 1 8/CDP 98-85/HDP 98-20 - CAR" rION PROPERTJ' May 5,1999 accomplished through a Site Development Plan. The site is currently zoned Limited Control (LC) with a General Plan designation of Residential Low Medium (RLM). IV. AN- - The intent and purpose of the Limited-Control (L-C) zone is to provide an interim zone for areas where planning for future land uses has not been completed or plans of development have not been formalized. After proper planning or plan approval has been completed, property zoned L- C may be rezoned in accord with Title 2 1. The adjacent areas have begun to develop according to the Zone 20 Specific Plan and thus it is appropriate to rezone the property at this time in conjunction with a development proposal. In this case, the proposal is for single family residential development within a Residential Low- Medium (RLM) General Plan designated area. The zone change request is for R-1-Q which is consistent with and implements the RLM General Plan land use designation. The Zone 20 Specific Plan states that the property shall be designated as R-1 when development is proposed. Local Coastal Prqgam Amendm The Local Coastal Program zoning designations are required to be consistent with the City's zoning designations. Therefore, the request is to amend the Coastal Program Zoning Map to designate the property R-1-Q. Consistent with the City's General Plan, the Coastal Program also identifies this site as Residential Low-Medium. Carlsbad Trac t A major subdivision (the subdivision of five or more lots) is required per Title 20 of the Carlsbad Municipal Code. Chapter 20.12 identifies the procedure for processing a major subdivisions and includes the required findings for approval of same. Chapter 20.16 identifies the requirements that must be met in the design of the subdivision. The proper procedure was followed regarding the submittal of the application for the requested subdivision including the provision of all of the required information on the map. The proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the subdivision is proposed in an area designated for residential development which is not exposed to hazardous land uses. The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development on the General Plan. 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. ZC 98-1 l/LCPA 98-08/CT 98-18/CDP 98-85MDP 98-20 - CARNAfION PROPERTJ’ . May5,1999 The design of the subdivision and the type of improvements required of the project will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that dedications for Black Rail Road have been included as conditions of approval and the project does not otherwise propose building encroachment into any easement. The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that the geographical disposition of the project site will allow for the design of structures to implement passive heating and cooling systems. The project is subject to the provisions of the Carlsbad Inclusionary Housing Ordinance which requires that 15% of the total residential units proposed be made affordable to lower income households. Consistent with the Zone 20 Specific Plan, the applicant has requested permission to satisfy their inclusionary housing need through the purchase of off-site credits in Villa Loma. Approval of such a request is required to be made through approval of an Affordable Housing Agreement. The Housing Policy Team has reviewed the request, and determined that Affordable Housing Credits are available in Villa Loma, and endorsed the proposal. The proposed lot sizes conform to the requirements of Chapter 20.16 which is a minimum of 7,500 square feet. Lots range in size fiom 7,534 to 17,405. All lots have access to a publicly dedicated street and conform to the dimension criteria established in Chapter 20.16 and Section 2 1.10.080 which requires a minimum of 60 feet in width. Typical lot frontage falls between 65 and 75 feet. The proposed lot sizes can potentially accommodate individual onsite storage of recreational vehicles. The Zone 20 Specific Plan requires that a minimum of 25% of the lots provide space for such storage. The 25% lot identification will occur with the subsequent review of a site Development Plan for the subdivision as required by the “Q’ zoning overlay. Coastal De velonment Perm it The 10.05 acre Carlsbad Tract and associated development permits are located within the Mello I1 segment of the Carlsbad Local Coastal Program. The development is also subject to the Coastal Resource Protection Overlay Zone. The intent of the overlay zone is to supplement the underlying zoning by providing additional resource protective regulations within designated areas to preserve, protect and enhance the habitat resource values of Buena Vista Lagoon, Agua Hedionda Lagoon, Batiquitos Lagoon, and steep sloping hillsides; to provide regulations in areas which provide the best wildlife habitat characteristics; to encourage proper lagoon management; and to deter soil erosion by maintaining the vegetative cover on steep slopes. Development within the Coastal Zone requires the issuance of a Coastal Development Permit consistent with the Local Coastal Program, the underlying zoning and applicable overlay zones. The following table illustrates the applicable land use designations under the Local Coastal Program (LCP) if approved: A- ZC 98-1 l/LCPA 98-08/C‘l 98-18/CDP 98-85/HDP 98-20 - CARNATION PROPERTY May 5,1999 Discussion regarding the project’s compliance with the City’s Zoning is found in a previous section of this staff report. Discussion of the project’s compliance with the applicable LCP overlay zone follows: Coastal Resource Protection Overlay Zone The overlay zone identifies five areas of protection. They are 1) steep slopes and vegetation; 2) drainage, erosion, sedimentation, habitat; 3) landslides and slope instability; 4) seismic hazards; and 5) floodplain development. 1. The overlay policy states that up to 10% of the total slopes greater than 25% possessing endangered plant/animal species and/or coastal sage scrub and chaparral plant communities may be disturbed plus steep slope areas that are required to access flatter developable areas. The site does not contain slopes greater than 25% with significant species. The project proposes disturbance of .013 acres of slopes greater than 25%, but this area does not contain significant species. Implementation of the project will not impact this segment of the overlay zone. 2. Special erosion control measures must be included as conditions of approval. These “special” measures are standard measures required by the City’s Grading Ordinance and are included as conditions of approval. 3. The geotechnical investigation prepared by Geosoils, Inc. did not indicate that there are soils onsite of the La Jolla group which are susceptible to accelerated erosion. Therefore, additional reports are not required. 4. Because of the soil types and topography, the site is not prone to liquefaction and therefore site-specific investigations are not required. 5. No part of the site is within the 100 year floodplain. The site is subject to a Coastal winter grading prohibition. Grading shall be prohibited during the rainy season, from October 1 to April 1 of each year. All graded areas must also be landscaped for erosion control prior to October 1 of each year. Coasta 1 Aericultural 0 vw Zone Conversion of the site from agricultural production to urban uses is allowed per the Coastal Program, however, mitigation is required as specified in Policy 2-1 of the Mello I1 segment of ZC 98-1 l/LCPA 98-08/C1 98-1 8/CDP 98-85MDP 98-20 - CARNA I’ION PROPERTY May 5,1999 the Coastal Program. An Agncultural Conversion Mitigation Fee will be applied as a condition of approval. The proposed project is in compliance with the requirements of the Local Coastal Program. Hillside De velopment Perm Chapter 2 1.95 requires that a Hillside Development Permit accompany any development proposal which involves slopes of greater than 15 percent and an elevation differential greater than 15 feet in height. A Hillside Development Permit may only be approved if the six hillside findings can be made. The first two findings require that hillside and undevelopable areas have been properly identified. The proper identification of these circumstances are provided through the project submittal in the form of a hillside conditions exhibit and a constraints exhibit. Both exhibits were provided as required. Approximately 0.02 acres are comprised of slopes greater than 15 percent, however there is a slope differential of nearly 56 feet in height. The third criterion is that the development must be consistent with the purpose, intent and requirements of the Hillside Ordinance. The stated purpose and intent of the ordinance includes the avoidance of substantial damage or alteration of significant natural resource areas; preservation of the natural appearance of hillsides; consistency with the Open Space and Conservation Element of the General Plan; prevention of erosion and protection of the lagoons from excessive siltation; and assurance that development is compatible with existing topography. Generally, the project site does not have any significant natural hillside resources. The proposed grading includes terraced pads which follow the site’s natural slope progression from the low point at the south west to the high point at the north east. The project site is not located within a General Plan designated significant open space area and will therefore not have any impact on open space. Erosion control is a standard function of the grading permit process and compliance will be assured through conditions of approval. The project is consistent with the purpose and intent of the Hillside Ordinance. Criterion number four requires that no development or grading will occur in those portions of the property which are undevelopable pursuant to the provisions of Section 2 1 S3.230. The undevelopable lands include beaches, permanent bodies of water, floodways, slopes greater than 40%, significant wetlands, riparian or woodland habitats, land subject to major power line easements, land upon which other significant environmental features are located, and railroad track beds. The project site does not include any constrained undevelopable lands. The fifth and sixth criteria relate to the project’s design. The project must be designed to minimize disturbance to hillside lands and substantially conform to the intent of the concepts illustrated in the hillside design guidelines manual. ZC 98-1 l/LCPA 98-08IC1 38-18/CDP 98-85MDP 98-20 - CARNAFION PROPERTI’ May 5, 1999 &ge 6 The majority of the project is proposed in areas that have been previously disturbed by authorized grading. The proposed development substantially follows the slope of the site, therefore, all of the hillside findings can be made. Local Facilities Impact Assessment The project is located within Local Facilities Management Zone 20 in the City’s southwest quadrant and is subject to the conditions of the Zone 20 LFMP. The 32 units proposed are at the Growth Management control point allowance of 32 units for the 10.05 acre site. V. ENVIRONMENTAL RE VIEW The project is located within the Zone 20 Specific Plan which was reviewed for significant environmental impacts and published in the Zone 20 Environmental Impact Report. In addition, a subsequent biological communities survey was conducted onsite which determined that there would be no significant biological effects caused by the development of the site since there are no onsite significant resources. A Mitigated Negative Declaration was issued by the Planning Director addressing the Zone 20 EIR requirement for an onsite hazardous materials analysis survey prior to the issuance of grading and/or building permits. 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 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 ZC 98-1 l/LCPA 98-08/C1 38-1 UCDP 98-85MDP 98-20 - CARNA I‘ION PROPERTJ’ May 5,1999 Page 7 ATTACHMENTS: 1. Planning Commission Resolution No. 453 1 (Mit Neg Dec) 2. Planning Commission Resolution No. 4532(ZC) 3. Planning Commission Resolution No. 4533(LCPA) 4. Planning Commission Resolution No. 4534(CT) 5. Planning Commission Resolution No. 4535(CDP) 6. Planning Commission Resolution No. 4536(HDP) 7. Location Map 8. Background Data Sheet 9. Local Facilities Impact Analysis 10. Disclosure Statement 1 1. Exhibits “A” - “H’ dated April 1999 CW:eh CARNATION PROPERTY ZC 98-1 IILCPA 98-08lCT 98-1 81 CDP 98-85lHDP 98-20 BACKGROU ND DATA SHEET CASE NO: ZC 98-1 l/T.CPA 98-0WCT 9&18/CDP 98-85IHDP 98 -20 CASE NAME: CARNATION PROPER TY .. APPLICANT: Spectrum Communities. J I L.C. .. REQUEST AND LOCATION: ADP roval of a 32 lot single family subdi vision west of Black Rail Road and north of A viara Parkway in Zo ne 20. The sou theast auarter of the southeast auarte r of the s outhwest meridian. in Base and LEGAL DESCRIPTION: jhe Citv of Carlsbad. Countv of San Dieeo. State of Cal ifornia. APN: -- Acres: 10.05 Proposed No. of LotsWnits: 37 GENERAL PJ ,AN AND ZONING Land Use Designation: i Density Allowed: 0-4 Density Proposed: 0-4 Existing Zone: Llmlted-Contro I Proposed Zone: One-Family Resident i a1 Surrounding Zoning and Land Use: (See attached for information on Carlsbad’s Zoning Requirements) Zomne: Site L-C North L-C South L-C East L-C West P-C idiuxuk Floriculture Floriculture Floriculture Residential/Agriculture Residential - School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): Public Facilities Fee Agreement, dated: 32 ENVIRONMENTAL IMPACT ASSESSMENT Mitigated Negative Declaration, issued March 12. 1999 Certified Environmental Impact Report, dated 0 Other, 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: CARNATION PROPERTY ZC 98-1 1LCPA 98-08 CT 98 - 1 8/CDP 98-85IHDP 98- 20 LOCAL FACILITY MANAGEMENT ZONE: 20 GENERAL PLAN: RLM ZONING: Limited Control DEVELOPER’S NAME: Spectrum Properties. J ..T,.C. ADDRESS: 15375 Barranca Parkway Su ite B-211 Irvine Ca 9 261 8 PHONE NO.: 949-753-840Q ASSESSOR’S PARCEL NO.: 2 15 -070-06-00 QUANTITY OF LAND USEDEVELOPMENT (AC., SQ. FT., DU): 10.05 ac .I32 DU A. B. C. D. E. F. G. H. I. J. K. L. City Administrative Facilities: Library: Wastewater Treatment Capacity (Calculate with J. Sewer) Park: Demand in Acreage = Drainage: Demand in CFS = Demand in Square Footage = Demand in Square Footage = Identify Drainage Basin = Circulation: Demand in ADT = Fire: Servedby = 111.25 59.34 N/A 0.22 N/A D 320 Station # 4 Open Space: Acreage Provided = N/A Sewer: Demands in EDU 32 Identify Sub Basin = N/A Water: Demand in GPD = 7.040 Schools: Students/School District = 9/Carlsbad The project is equal to the Growth Management Dwelling unit allowance. 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-parmeiship, -jcint venture, .association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in thisand 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 nameand entity of the-applicant and property owner must be provided beiow. 1. APPLICANT (Not the applicant‘s agent) Provide the COMPLETE. LEGAL names and addresses of persons having a financial interest in the application. If the applicant includes a corporation or uartnershk, 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 David Salene Corp/Part Spectrum Communities, LLC Title partner Title Address15375 Barranca Parkway, AddressIrvine, CA 92618 #B-211 2. OWNER (Not the owner’s agent) Provide the COMPLETE, LEGAL iiaines and addresses of persons having any ownership interest in the property invdved. .4!sn, p:o*:id= the nature of the legal ownership (Le, partnership, tenants in common, non-profit. corporation, etc.). If the ownership includes a corDoration 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 W/A) IN THE SPACE BELOW. If a publiclv- owned corDoration, include the names. titles. and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Victoria Fernandez Corp/Part Car n a t i on Pro pert i e s Title Owner/pres i dent Title AddressP.0. Box 395 Addresscardiff, CA 92007 2075 Las Palmas Dr. - Carlsbad, CA 92009-1 576 - (760) 438-11 61 * FAX (760) 438-0894 @ b?4;. 3. NON-PROFIT OR-\ :ATION OR TRUST -- If any person identii. A pursuant to (I) or (2) above is a nonmot,. organization or a trux, 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 Profiflrust Non Profiflmst Title Title Address Address 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees andor Council within the past twelve (12) months? 0 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. I 3 / /JllvW. wm Signature of owneddate Signature of applicantldate VIihil4 f&cde-G Print or type name of owner Print or type name of applicant ~~ Signature of owner/applicant’s agent if applicableldai ~ ~~~ __ ~~ Print or type name of owner/appiicant’s agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 tu;,. Page 2 of 2