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Home My WebLink AboutCD 13-10; Tabata 10; Administrative Permits (ADMIN)c (~CITY OF ¥CARLSBAD Community & Economic Development www.carlsbadca.gov September 3, 2013 Chuck Cater Hunsaker & Associates 9707 Waples Street San Diego, CA 92121 SUBJECT: CD 13-10-TABATA 10 The City Planner has completed a review of your application for a Consistency Determination, CD 13-10, (APN: 212-050-32-00, 212-050-33-00) which is a modification to GPA 06-04/LCPA 06-02/ZC 06-03/CT 06- 13/SUP 06-08/HDP 07-03/CDP 06-19. The proposed modifications include: • Raising and lowering the pad elevations in order to better accommodate driveway access to each lot and to improve drainage by reducing cross lot drainage. Lots 4-13 will be lowered by an average of 4 feet. Lots 14-20 will be raised by an average of 3.3 feet. • Retaining walls are added (maximum 5.5 feet tall) to the rear slope on lots 1 and 4-10 as a result of raising and lowering the pad levels as mentioned above. • The elimination of the retaining wall located within the bio retention/detention basin along El Camino Real due to engineering constraints thus minimizing the potential wall instability that can occur within a wet or saturated basin. • The 20 foot tall sound attenuation berm located along El Camino Real will be reduced in height and a small four (4) foot sound wall added at the top of the berm. This will be done in order to eliminate the retaining wall in the bio retention basin discussed above. The combination berm and wall will maintain the same overall height and will be fully landscaped to enhance the appearance and screen the four (4) foot wall. • Lot lines are shifted in order to accommodate street side setbacks for corner lot numbers 13, 14, 20, 21 and 26. Additional lot lines were then shifted accordingly in order to maintain minimum lot widths and minimum lot sizes. All lots have a minimum lot size above 7,500 square feet. In order for a Discretionary Permit Consistency Determination to be approved, all of the following findings must be made: 1} No project condition, feature, facility or amenity is changed or deleted that had been considered essential to the project's design, quality, safety or junction. The sound berm has been lowered by four (4} feet. However, a four foot wall has been placed on top of the berm, maintaining the purpose of sound attenuation. The four foot wall is more easily screened by landscaping Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® CD 13-10-TABATA 10 September 3, 2013 Page 2 than taller walls. Therefore the modification provides the same function while maintaining a high quality design. 2} The request represents an upgrade in avera// design features and ar materials and improves upon the project's compatibility with the surrounding neighborhood. The removal of the retaining wall in the bio retention basin is an upgrade as there would be the potential for the wall to fail by being exposed to consistently wet conditions. Although some pad levels increase in height by a few feet, the lots immediately adjacent to the Camino Hills development will be lowered and therefore better for those existing home owners in that the future home heights will be lower. In addition, the original heights approved would require very steep driveways to access each of the future homes. The proposed changes create flatter driveways and therefore represent an overall upgrade in design. 3} The proposed revision does not change the density or boundary of the subject property. The project boundary does not change and the number of lots remains the same. 4} The proposed revision does not involve the addition of a new land use not shown on the original permit. There are no new land uses proposed. 5) The proposed revision does not rearrange the major land uses within the development. No change to the land use is proposed. 6) The proposed revision does not create changes of greater than ten percent provided that compliance will be maintained with the applicable development standards of the Carlsbad Municipal Code. The number of lots remains the same and only minor increases and decreases in pad elevations are proposed. 7) The proposed change will not result in any significant environmental impact, and/or require additional mitigation. The proposed changes do not further impact any habitat. Some grading proposed outside the previously approved grading limits will only impact irrigated landscaping and is not subject to mitigation. Any landscaping removed will be replaced subject to an approved landscape plan. 8} The proposed change. would not result in any health, safety. or we/fore impacts .. The changes would not result in any health, safety or welfare impacts. 9) There were not any major issues or controversies associated with the original project which would be exacerbated with the proposed change. Some discussion was had regarding views from the adjacent Camino Hills development. Although some pad levels are increasing in height, the lots adjacent to the development are decreasing in height, therefore decreasing the obstruction of the proposed homes immediately adjacent. Furthermore, the homes on lots 15-20, which are on pads being raised between 2.8 feet and 3.5 feet, will be conditioned to not exceed a maximum of 28 feet tall which is two (2} feet lower than the allowed height limit. However, all architecture and plotting of the homes are required to be approved by the Planning Commission under separate Coastal Development and Special Use permits. Although some additional grading is proposed on the existing landscape slope, this consistency determination is conditioned to preserve existing mature trees and process a final landscape plan to the satisfaction of the City Planner. f.- CD 13-10-TABATA 10 September 3, 2013 Page 3 10} The proposed change would not be readily discernable to the decision makers as being substantially different from the project as originally approved. The layout of the street and the lots remain generally the same, the pad level changes are negligible and therefore the project is not substantially different than what was approved. After careful consideration of the circumstances surrounding this request, the City Planner has determined that the application qualifies for a consistency determination with the approved permit and therefore, approves the changes to the project based on Planning Division Administrative Policy No. 35 with the following conditions: 1. All grading on the slope to the rear of lots 1 through 13 shall preserve the existing mature trees as shown on approved Exhibit "K" dated July 15, 2009. 2. All homes on lots 15-20 shall be limited to 28' maximum height from the new pad level. 3. A Substantial Conformance Exhibit is required to be processed through the Engineering Division. Please submit two (2) blueline copies (24" X 36") of all applicable exhibits for the project file and a reproducible 24" X 36" mylar copy of the amended site plan. The mylar must be submitted, stamped "Consistency Determination," and signed by the City Planner prior to issuance of any building permits for the project. The Consistency Determination Title Block stamp, and other Title Block stamps, can be downloaded from the City's website at http:ljwww.carlsbadca.gov/services/departments/planning/Pages/applications.aspx. The Title Block (stamp) is located under "Resources" on the right side of the page. CITY OF CARLSBAD DON NEU, AICP City Planner DN:CG:fn c: Tabata Family Trust, 6692 lemon leaf Drive, Carlsbad, CA 92011. David Stearn, lennar Homes, 25 Enterprise, Suite 310, Aliso Viejo, CA 92656. Chris DeCerbo, Principal Planner Tecla Levy, Project Engineer File Copy Data Entry