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HomeMy WebLinkAbout2013-06-19; Planning Commission; ; CT 12-01|PUD 12-08|CDP 12-15 - MILES PACIFIC SUBDIVISION CT 12-01/PUD 12-08/CDP 12-15 – MILES PACIFIC SUBDIVISION June 19, 2013 Page 2 III. PROJECT DESCRIPTION AND BACKGROUND The Miles Pacific Subdivision is a 5.4 acre project site consisting of three separate parcels generally located on the west side of Pio Pico Drive near the intersection of Pio Pico Drive and Las Flores Drive. The site is surrounded by existing single family homes on the north, south and east sides of the property, and abuts the I-5 Freeway on the west side of the property. The site is improved with a single-family house that is located at the northeastern most portion of the property fronting Pio Pico Drive, while the remaining portion of the site is predominately used for greenhouse agricultural production. Historical photos and other documents show that a majority of the property has been used for agriculture purposes for over 70 years. Topographically, the site is relatively flat to very gently sloping in a southwesterly direction. On-site elevations range from approximately 82 to 110 feet above mean sea level. Access to the site will be provided by a new private street located off of Pio Pico Drive. The previously graded and disturbed site is devoid of any significant or sensitive vegetation. The project site and surrounding properties have an existing General Plan Land Use Designation of Residential Low-Medium Density (RLM), which allows low to medium density residential development (0 to 4 du/ac) with a Growth Management Control Point (GMCP) of 3.2 du/ac. The property and surrounding properties are zoned R-1 (One Family Residential). The proposed project includes a Tentative Tract Map, Planned Development Permit, and Coastal Development Permit to allow for the demolition of the existing structures and to subdivide and grade the property into 17 single-family lots ranging from 7,509 square feet to 13,626 square feet in size. Three other non-residential lots will be created; one lot for the private street system, and two bio- retention lots. The Planned Development Permit is only required to enable the development of a private internal street (street “A”) and a private drive aisle (street “B”). Project grading requires 9,910 cubic yards of cut and 9,910 cubic yards of fill which will result in a balanced grading operation. As previously stated, the project site has been historically used for agriculture purposes for over 70 years. As part of the project’s environmental review, a limited Phase II site characterization and agricultural residue survey was performed on the project site. Based upon the limited scope of work completed, Toxaphene was detected at the project site well above the maximum limits developed by the California Environmental Protection Agency (CEPA) that may possibly represent a risk to human health and ground water if not mitigated. Therefore, the appropriate environmental mitigation measures were incorporated into the conditions of approval for this project in order to mitigate identified environmental impacts to a level of insignificance. The mitigation measures are listed within the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. IV. ANALYSIS The project is subject to the following regulations: A. Residential Low-Medium Density (RLM) General Plan Land Use designation; B. One Family Residential (R-1) Zone, and Planned Development regulations (Chapters 21.10 and 21.45 of the Carlsbad Municipal Code); C. Mello II Segment of the Local Coastal Program (Chapter 21.201 of the CMC) and the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the CMC); D. Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code); CT 12-01/PUD 12-08/CDP 12-15 – MILES PACIFIC SUBDIVISION June 19, 2013 Page 3 E. Inclusionary Housing Ordinance (Chapter 21.85 of the CMC); and F. Growth Management Ordinance (Chapter 21.90 of the CMC) and Zone 1 Local Facilities Management Plan. 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 Residential Low Medium Density (RLM) Land Use Designation The General Plan Land Use designation for the property is Residential Low-Medium (RLM) density. The RLM Land Use designation allows for the development of single family residential units within a density range of 0 – 4 dwelling units per acre (du/ac) and at a Growth Management Control Point (GMCP) of 3.2 du/ac. At the RLM GMCP, 17.28 dwelling units (17 when rounded down) would be permitted on this site based on 5.40 net developable acres. The project’s proposed density of 3.14 du/ac is slightly below the Growth Management Control Point density (3.2 du/ac) used for the purposes of calculating the City’s compliance with Government Code Section 65863. However, consistent with Program 3.2 of the City’s certified Housing Element, all of the dwelling units, which were anticipated toward achieving the City’s share of the regional housing needs that are not utilized by developers in approved projects, will be deposited in the City’s Excess Dwelling Unit Bank. This project will deposit 0.28 dwelling unit into the Excess Dwelling Unit Bank and these fractional excess dwelling units are then available for allocation to other projects. Accordingly, there is no net loss of residential unit capacity and there are adequate properties identified in the Housing Element allowing residential development with a unit capacity, including second dwelling units, adequate to satisfy the City’s share of the regional housing need. The project complies with the Elements of the General Plan as outlined in Table A below: TABLE A – GENERAL PLAN COMPLIANCE ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLIANCE Land Use Site is designated for Residential Low-Medium density, (RLM – 0-4 du/ac) with a GMCP of 3.2 du/ac. 17.28 dwellings units could be constructed on the site at the GMCP (5.40 acres x 3.2 du/ac). 17 Single-family units at a density at 3.14 dwelling units per acre is within the RLM density range of 0-4 du/ac. 0.28 dwelling unit will be deposited into the City’s Excess Dwelling Unit Bank. Yes Housing Provision of affordable housing. The project is conditioned to enter into an affordable housing agreement to provide three (3) Second Dwelling Units that will be located on lots 2, 5 and 11. Yes CT 12-01/PUD 12-08/CDP 12-15 – MILES PACIFIC SUBDIVISION June 19, 2013 Page 4 TABLE A – GENERAL PLAN COMPLIANCE ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLIANCE Public Safety Reduce fire hazards to an acceptable level The project will install new fire hydrant(s) consistent with Public Safety Requirements Yes Open Space & Conservation Minimize the environmental impacts to sensitive resources within the City. Utilize Best Management Practices for control of storm water and to protect water quality. The project will not have any environmental impacts to the previously graded site that is void of sensitive habitat. The project is conditioned to conform to all NPDES requirements and has been designed to include Low Impact Design (LID) elements. Yes Yes Noise Comply with the residential exterior noise standard of 60 dB(A) CNEL and interior noise standard of 45 dB(A) CNEL. A project site specific noise study for the Miles Pacific Subdivision identified that several lots will exceed the exterior noise standard of 60 dB(A) and interior noise standard of 45 dB(A) CNEL. For this reason, the project site has been designed with the installation of two foot tall berms and six foot tall masonry sound walls to reduce the noise levels, which even with the noise wall and berm still exceed the residential exterior noise standard of 60 dB(A) CNEL, and special architecture treatments (i.e. specialized doors and windows) for the future homes will be required to mitigate noise levels which are over the residential interior noise standard of 45 dB(A) CNEL. Yes CT 12-01/PUD 12-08/CDP 12-15 – MILES PACIFIC SUBDIVISION June 19, 2013 Page 5 TABLE A – GENERAL PLAN COMPLIANCE – CONTINUED ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLIANCE Noise (Continued) Furthermore, the project has been conditioned for the applicant to submit a supplemental interior acoustical analysis from the acoustical consultant stating that the architectural plans for the future homes have been designed in compliance with the recommendations stated in the acoustical report to reduce interior noise standards to a level of 45 dB(A)CNEL or below. Since it is impractical to design the project to comply with the exterior noise standard of 60 dB(A) CNEL without the installation of a 14 foot tall perimeter sound wall (per the acoustical study), the project has been conditioned to notify all potential purchasers in writing along with a deed disclosure that the property they are purchasing does not meet Carlsbad exterior noise standards for residential property. CT 12-01/PUD 12-08/CDP 12-15 – MILES PACIFIC SUBDIVISION June 19, 2013 Page 6 TABLE A – GENERAL PLAN COMPLIANCE – CONTINUED ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLIANCE Noise (Continued) The project site is also located within the Interstate 5 North Coast Corridor widening project. As part of CalTrans future Interstate 5 North Coast Corridor widening project, a 10 foot high sound wall is tentatively proposed along the project’s freeway frontage that will help reduce noise impacts from Interstate 5. The project applicant has been conditioned to submit to the City Engineer written approval from Caltrans demonstrating that the proposed improvements for the project are not in conflict with the proposed 10 foot high sound wall. CT 12-01/PUD 12-08/CDP 12-15 – MILES PACIFIC SUBDIVISION June 19, 2013 Page 7 TABLE A – GENERAL PLAN COMPLIANCE – CONTINUED ELEMENT USE, CLASSIFICATION, GOAL, OBJECTIVE OR PROGRAM PROPOSED USES & IMPROVEMENTS COMPLIANCE Circulation Construct roadway improvements needed to serve proposed development. The project will take access off of Pio Pico Drive and will be required to enter into a Neighborhood Improvement Agreement (NIA)* because Pio Pico Drive is designated as an Alternative Design Street. The project provides adequate circulation infrastructure to serve the projected population; and provide a circulation system that promotes safety and livability of residential neighborhoods while maintaining adequate emergency access for service providers and prompt evacuation capabilities for residents in that, primary local access to the site will be provided via private Street “A” and private drive aisle “B”. The circulation system has been designed in conformance with Land Development Engineering Division and Fire Department design standards. The proposed circulation system is designed to provide access to each of the proposed lots and dwelling units and complies with all applicable City design standards. Yes *NIA - A Neighborhood Improvement Agreement ensures that the property owner retains financial responsibility for constructing potential future street improvements. CT 12-01/PUD 12-08/CDP 12-15 – MILES PACIFIC SUBDIVISION June 19, 2013 Page 8 B. R-1 One-Family Residential Zone (Chapter 21.10 of the CMC)/Planned Development Ordinance (Chapter 21.45 of the CMC) The proposed project is required to comply with all applicable use and development standards of the Carlsbad Municipal Code (CMC) including the R-1 Zone (CMC Chapter 21.10) and the private street and private drive aisle are subject to compliance with the private street and private drive aisle standards of the Planned Development Ordinance (CMC Chapter 21.45). As summarized in Table B below, the project meets or exceeds the requirements of the R-1 Zone and Planned Development regulations. TABLE B: R-1 ZONE AND PLANNED DEVELOPMENT ORDINANCE COMPLIANCE Applicable R-1 Zoning Development Standards Standard Requirement Proposed Comply Minimum lot size 7,500 square feet 7,509 SF to 13,626 SF Yes Minimum Lot width 60 feet 60 feet to 138 feet Yes Applicable Planned Development Standards Standard Requirement Proposed Comply Private Street width (Street “A”) 56 feet minimum right-of-way width 34 feet minimum curb- to-curb width 5 feet minimum sidewalk width 5.5 feet minimum parkway width including curb 58 feet 36 feet 5 feet 5.5 feet Yes CT 12-01/PUD 12-08/CDP 12-15 – MILES PACIFIC SUBDIVISION June 19, 2013 Page 9 TABLE B: R-1 ZONE AND PLANNED DEVELOPMENT ORDINANCE COMPLIANCE CONTINUED Applicable Planned Development Standards Continued Standard Requirement Proposed Comply Private Drive-aisle (Street “B”) 20 feet minimum of right-of-way width and enhanced with decorative pavement No parking shall be permitted within the minimum required width of a drive-aisle A minimum 24-foot vehicle back- up/maneuvering area shall be provided in front of the garages Parkways and/or sidewalks may be required No more than 24 dwelling units shall be located along a single- entry drive-aisle 34 feet and enhanced with decorative pavement No parking is proposed within the drive-aisle 24-foot vehicle backup is provided A sidewalk is provided on the western side of the drive-aisle and a landscaped parkway is provided on the eastern side of the drive-aisle Only 4 dwellings units are located on the drive- aisle Yes C. Coastal Development Regulations for the Mello II Segment of the Local Coastal Program (CMC Chapter 21.201) and the Coastal Resource Protection Overlay Zone (CMC Chapter 21.203) The project site is located within the Mello II Segment of the Local Coastal Program (LCP) which contains land use polices for development and conservation of coastal land and water areas within the Mello II segment boundaries. However, the project is not located within the appeals jurisdiction area of the California Coastal Commission. 1. Mello II LCP Segment The LCP Land Use Plan designates the subject site for Residential Low-Medium (RLM) density development which allows a density of 0–4 du/ac. The project’s proposed density (3.14 du/acre) is consistent with the LCP RLM Land Use Designation as previously discussed in Section A of this report. The proposed 17 lot single family subdivision is consistent with the land use type CT 12-01/PUD 12-08/CDP 12-15 – MILES PACIFIC SUBDIVISION June 19, 2013 Page 10 and density regulations for the site and is in compliance with the applicable Mello II LCP policies. The project site has been used for agriculture purposes for over 70 years. However, the site is not designated on Map X as a coastal agricultural resource and is not subject to the coastal agricultural preservation policies of the LCP. No sensitive habitat resources are located on the disturbed project site. The proposed subdivision is not located in an area of known geologic instability or flood hazard. The proposed graded 17 residential lots will not obstruct views of the coastline as seen from public lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone. No public opportunities for coastal shoreline access are available from the subject site. The residentially designated site is not suited for water-oriented recreation activities. 2. Conformance with public access and recreation policies of Chapter 3 of the Coastal Act The property is located 1/4 mile from Buena Vista Lagoon and one mile from the Pacific Ocean; therefore, the project will not interfere with the public’s right to physical access to the sea, or water oriented recreational activities. 3. Coastal Resource Protection Overlay Zone The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (CMC Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program (JURMP) to avoid increased urban run-off, pollutants and soil erosion. No development is proposed in areas of steep slopes (≥ 25% gradient) and no native vegetation is located on the development area of the subject property. In addition, the site is not located in an area prone to landslides, or susceptible to accelerated erosion, floods or liquefaction. D. Subdivision Ordinance The project includes seventeen (17) single family residential lots and is therefore subject to the regulations of Chapter 20.16 of the Subdivision Ordinance. These subdivision regulations require the project to include required street dedications and improvements (streets, sewer, water, and drainage) to serve the proposed subdivision. The Land Development Engineering Division has reviewed the proposed Tentative Tract Map and has concluded that the subdivision, as conditioned, complies with all the applicable requirements of the Subdivision Map Act and the City’s Subdivision Ordinance. The project will take access off of Pio Pico Drive and will be required to enter into a Neighborhood Improvement Agreement (NIA), because Pio Pico Drive is designated as an Alternative Design Street. The developer will be required to install street and utility improvement for proposed private Street “A” and private drive aisle “B”, including but not limited to curbs, gutters, parkways, sidewalks, sewer and drainage facilities, fire hydrants, and street lights. General utility and access easements will be dedicated to allow for the construction of project drainage, sewer, and water facilities on the final map. CT 12-01/PUD 12-08/CDP 12-15 – MILES PACIFIC SUBDIVISION June 19, 2013 Page 11 No standards variances are needed to approve the project. Given the above, the proposed subdivision would provide all necessary facilities and improvements without producing land conflicts; therefore, the project is consistent with the Subdivision Ordinance. E. Inclusionary Housing Ordinance The proposed project involves the creation of seventeen residential units through a subdivision and, therefore, must provide affordable housing to lower-income households as specified in the Inclusionary Housing Ordinance (Chapter 21.85 of the Zoning Ordinance). For residential development of seven or more units, not less than fifteen percent of the total units approved shall be constructed and restricted both as to occupancy and affordability to lower-income households. This 17 unit project is therefore responsible for providing three inclusionary units. Whenever reasonably possible, inclusionary units should be built on the residential development project site. The developer is proposing and the Housing Policy Team is recommending support of the construction of three Second Dwelling Units to satisfy their inclusionary housing obligations. Therefore, the applicant has been conditioned to satisfy the inclusionary housing requirement for lower-income households by entering into an Affordable Housing Agreement to construct three (3) Second Dwelling Units, subject to City Council approval. By entering into the agreement prior to final map recordation the Miles Pacific Subdivision is providing its fair share of housing affordable to lower income households and, therefore, is consistent with the Inclusionary Housing Ordinance. F. 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 C below. TABLE C - GROWTH MANAGEMENT COMPLIANCE STANDARD IMPACTS COMPLIANCE City Administration 59.10 sq. ft. Yes Library 31.52 sq. ft. Yes Waste Water Treatment 17 EDU Yes Parks .11 acre Yes Drainage 11.46 CFS Yes Circulation 170 ADT Yes Fire Station No. 1 Yes Open Space 0 acres N/A Schools Carlsbad Unified School District E=5.78/M=2.01/HS =1.75) Yes Sewer Collection System 17 EDUs Yes Water 3,740 GPD Yes The project proposes 17 dwelling units whereas the maximum unit yield at the GMCP of the property is 17.28 dwelling units. Consistent with the General Plan and Policy No. 43, 0.28 DUs will be deposited into the City’s excess dwelling unit bank. CT 12-01/PUD 12-08/CDP 12-15 – MILES PACIFIC SUBDIVISION June 19, 2013 Page 12 V. ENVIRONMENTAL REVIEW Pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code, staff has conducted an environmental impact assessment to determine if the project could have any potentially significant impact on the environment. The environmental impact assessment identified potentially significant impacts to cultural resources, hazards/hazardous materials, and noise, and mitigation measures have been incorporated into the design of the project or have been included as conditions of approval for the project such that all potentially significant impacts have been mitigated to below a level of significance. Based on the above, the City Planner issued a Notice of Intent to adopt a Mitigated Negative Declaration (MND) for the project on March 14, 2013. Standard comment letters were received during the 30-day public review (March 14, 2013 – April 15, 2013) from the Native American Heritage Commission (San Luis Rey Band of Mission Indians), Department of Toxic Substances Control, and Caltrans. Their specific comments and staff’s responses are included as an attachment at the back of the MND. An addendum has also been prepared in accordance with Section 15164 of CEQA to include clarifying language to mitigation measures CUL-1 and CUL- 2. These additions have no new significant environmental effects not analyzed in the previously circulated MND, and none of the circumstances requiring recirculation or a subsequent Mitigated Negative Declaration under CEQA Guidelines Section 15162 exist. Furthermore, the minor changes to the EIA Part II do not require recirculation of the Mitigated Negative Declaration since CEQA Section 15073.5(c)(4) states recirculation is not required if “new information is added to the negative declaration which merely clarifies, amplifies, or makes insignificant modifications to the negative declaration.” ATTACHMENTS: 1. Planning Commission Resolution No. 6985 (ND) 2. Planning Commission Resolution No. 6986 (CT 12-01) 3. Planning Commission Resolution No. 6987 (PUD 12-08) 4. Planning Commission Resolution No.6988 (CDP 12-15) 5. Location Map 6. Background Data Sheet 7. Local Facilities Impact Assessment Form 8. Disclosure Statement 9. Reduced Exhibits 10. Exhibits “A” – “I” dated June 19, 2013 Revised 01/06 BACKGROUND DATA SHEET CASE NO: CT 12-01/PUD 12-08/CDP 12-15 CASE NAME: MILES PACIFIC SUBDIVISION APPLICANT: bHA, Inc. REQUEST AND LOCATION: Request for the adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Addendum, and the approval of a Tentative Tract Map, Planned Development Permit, and Coastal Development Permit to allow for the demolition of a single family residence, storage building, and green house structures, and to subdivide and grade a 5.4 acre site into seventeen (17) single-family residential lots, one private street lot, and two bio-retention basin lots, on property generally located on the west side of Pio Pico Drive near the intersection of Pio Pico Drive and Las Flores Drive within the Mello II Segment of the Local Coastal Program and Local Facilities Management Zone 1. LEGAL DESCRIPTION: A portion of Tract 7 of Laguna Mesa Tracts, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 1719, filed in the office of the County Recorder of San Diego County, June 21, 1921 APN: 156-351-03, 07 & 08 Acres: 5.4 Proposed No. of Lots/Units: 17 Single-family lots; one private street lot; two bio-retention basin lots GENERAL PLAN AND ZONING Existing Land Use Designation: RLM Proposed Land Use Designation: N/A Density Allowed: 0 – 4 du/ac Density Proposed: 3.14 du/ac Existing Zone: R-1 Proposed Zone: N/A Surrounding Zoning, General Plan and Land Use: Zoning General Plan Current Land Use Site R-1 RLM Single-Family/Nursery North R-1 RLM Single-Family South R-1 RLM Single-Family East R-1 RLM Single-Family West T-C TC I-5 Freeway LOCAL COASTAL PROGRAM Coastal Zone: Yes No Local Coastal Program Segment: Mello II Within Appeal Jurisdiction: Yes No Coastal Development Permit: Yes No Local Coastal Program Amendment: Yes No Revised 01/06 Existing LCP Land Use Designation: RLM Proposed LCP Land Use Designation: N/A Existing LCP Zone: R-1 Proposed LCP Zone: N/A PUBLIC FACILITIES School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 17 ENVIRONMENTAL IMPACT ASSESSMENT Categorical Exemption, Mitigated Negative Declaration, issued June 19, 2013 Certified Environmental Impact Report, dated 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: Miles Pacific Subdivision – CT 12-01/PUD 12-08/CDP 12-15 LOCAL FACILITY MANAGEMENT ZONE: 1 GENERAL PLAN: RLM ZONING: R-1: 7,500 DEVELOPER’S NAME: bHA, Inc. ADDRESS: 5115 Avenida Encinas, Suite L, Carlsbad, CA 92008 PHONE NO.: 760-931-8700 ASSESSOR’S PARCEL NO.: 156-351-03, 07 & 08 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 5.4 AC. ESTIMATED COMPLETION DATE: Unknown 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 EDU D. Park: Demand in Acreage = .11 E. Drainage: Demand in CFS = 11.46 Identify Drainage Basin = A (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: E=5.78/M=2.01/ HS=1.75 (Demands to be determined by staff) J. Sewer: Demands in EDU 17 Identify Sub Basin = 1D (Identify trunk line(s) impacted on site plan) K. Water: Demand in GPD = 3,740 L. The project is 0.28 dwelling units below the Growth Management Dwelling unit allowance. The project proposes 17 dwelling units whereas the maximum unit yield at the GMCP of the property is 17.28 dwelling units. Consistent with the General Plan and Policy No. 43, 0.28 DUs will be deposited into the City’s excess dwelling unit bank.