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HomeMy WebLinkAbout1980-08-27; Planning Commission; ; MS 402-JORDANSTAFF REPORT DATE: August 27, 19E'O TO: Planning Commission FROM: Planning Department SUBJECT./-MS-402 - OEDAN - Request for a minor subdivision nM-' three lots, two of which will be panhandle lots on property generally located on the west side of Park Drive, north of Sunrise Circle in the R-1 Zone. I. PROJECT DESCRIPTION As the Planning Commission will recall, this item was reviewed at the Planning Commission meeting of January 9, 1980. At that time, staff recommended that the Commission deny the proposed minor subdivision with panhandle lots because the slope of thu property was only minor, the configuration of the property was regular, and most importantly, an extension of James Drive to give access to the parcels would be preferable to creating panhandle lots. At the Planning Commission meeting of J'nuary 8, 1980, the Commission continued the item to the meeting of January 23, 1.980 in order to give the applicant and staff the opportunity to talk with the property owner louated adjacent to the wester- ly boundary of the subject property concerning the future extension of James Drive. The applicant and staff attempted, but were unable to contact the adja- cent property owner before the Planning Commission meeting of January 23, 1980 and the item was again continued. At the Planning Commssion of March 14, 1980, a memoran- dum from the staff explained that the staff and appli- cant hod contacted the property owner adjacent to the west concerning the future expansion of James Drive. In this memo, staff explained that the details concern- ing the future extension of James Drive had not been extirely resolved between the applicant and his neigh- bors and requested that the Planning commission con- tinue this item to the meeting of May 14, 1930. Al; a later date, this item was continued indefinitely be- cause the applicant was unable to get any response from his neighbor. In July, the applicant notified the staff that they wished to proceed with the map as originally submitted since they were unable to get any response or coopera- tion from their neighbor to the west of their property. 1 0 The subject property is an approximately 1.60 acre site located on the west side of Park Drive, just north of Sunrise Circle. The majority of the site is undeveloped, except for a single family residence in the southeast corner and several sheds near the center of the site. The property slopes downward to the west with a slope of approximately 7t. Several large eucalyptus and pine trees exist along Park Drive and also near the central western portion of the site. It appears as though the proposed driveways may necessitate removal of at least one or two of these trees. Also, approximately 225 cubic yards of balanced cut and fill is proposed in order to create the desired pad levels and driveways. II. ANALYSIS Planning Issues 1) Can the necessary findings required by the Zoning Ordinance be made, specifically that the property cannot be adequately served by a public street with panhandle lots due to unfavorable conditions and that approval of panhandle lots will not preclude the ability to provide full public street access to other properties in the same block? 2) Do the proposed panhandle lots conform with the zoning r -2quirements of the R-1 Zone in which they are located? Discussion As shown on Exhibit °A", dated August 12, 1980, the applicant proposes to subdivide a 1.6 acre site into three lots, two of which will be panhandle lots. The resulting lots will range in size from 19,376 to 20,572 square feet in net acreage. As proposed, the project meets all of the requirements of the R-1 Zone relating to panhandle lots. Specifically, the project meets the minimum buildable area and minimum panhandle width requirements. In addtion, the ma:imum allowable length for panhandles is not exceeded. However, before the Planning Commssion can approve a panhandle lot, the following findings must be made: 1) The property cannot be served adequately with a public street without panhandle lots due to unfa- vorable conditions resulting from unusual topog- raphy, surrounding land development, or lot configuration; 2) Subdivision with panhandle lots will not preclude or adversely affect the ability to provide full public street access to other properties within the same block as the subject property. 1. .4 0 Originally, the staff recommended that this minor sub- division with panhandle lots be denied. Staff felt that it would be preferable to extend James Drive along the westerly edge of the property. This would allow the property to be subdivided without creating panhandle lots. The Staff Report noted that the applicant could not provide for the improvement of the James Drive ex- tension since the future right-of-way for this street would only be partly located adjacent to the subject property and would actually be separated from the best right-of-way alignment of the street by a narrow strip of the neighbor's land. Only through an agreement with the property owner to the west could this extension be possible. The applicant has attempted to get his neighbor to the west to cooperate in extending James Drive through his property. The applicant even went so far as to have his engineer develop a potential tenative map for his neighbor illustrating how many lots he would be able to develop if he extended James Drive through his property. The neighbor does not appear to be willing to cooperate with the applicant or the City in resolving this problem. Staff feels that the Planning Commission can make the first finding that this property cannot be adequately served by a public street due to unfavorable lot config- uration. This would be due to the fact that the appli- cant can not extend James Drive without the cooperation of his neighbor to the west, who despite repeated eforts by the staff and applicant continues to be unwilling to cooperate. Secondly, the creation of these panhandle lots will not preclude or adversely affect the ability to provide full public street access to other properties within the same block. Approval of this minor subdivision will have no effect on the future alignment of James Drive. Since the Planning Commission approved CT-80- 14/PUD-16 on July 23, 1980, it appears most likely that James Drive will eventually enter Hillside Drive north of the intersection at Park Drive and Hillside Drive. Since this particular lot has problems affecting its development not shared by other properties in this area, approval of this lot split should not set an undesirable precedent. If Gloria Lane were extended into a cul-de-sac, it would allow the two large parcels to the north of the subject property to subdivide and create lots with minimum frontages on a public street. When James Drive is eventually extended along its presently prepared alignment, it would provide access to the two lots directly south of the subject property allowing them to develop without the use of panhandle lots. -3- I I III • RECOMMENDATION Staff recommends that the Planning Commission adopt Resolution No. 1683, recommending APPROVAL of MS-402, based on the findings and subject to the conditions contained therein. ATTACHMENTS Background Data Sheet Disclosure Form Location Map PC Resolution No. 1683 Exhibit A MN: is 8/18/80 -4- CSENO: MS-402 J\PpLIC3\1.'r: JORDAN REQUEST ?D IIXW]?IOM: APPROVAL OF A TENTATIVE PARCEL MAP CREATING TWO PANHANDLE LOTS ON THE WEST-SIDE OF PARK DRIVE BETWEEN HILLSIDE DRIVE AND TAMARACK AVENUE IT4 LL.5¼..4.ITION LOT 1 3, PLnCW r ny MM' 215 Assesscrs Parcel Number- 207 - 622 - 03 Acres 1.60 No. oflctz 1 GENERAL PLAN P,ND ZONING General flan Lard Use :esic'.ation RLM Density All cw"-d 0-4 du/ac Density Pro 2 du/ac Existing :cne R17 Proposed zone Surrounding Zoning and 7'-.;se: Zonirc Land. Use North R47500 SFD South R17500 SFD EasS. R-1-7500 SF0 West R-1-7500 VACANT PtiC RC,gs'j±S School :isict CARLSBAD UNIFIED Water :istrict CARLSBAD MUNICIPAL Sewer District CARLSBAD MUNICIPAL 3fl7's Pcblic Facilities Fee gnrrntt, dated R- 1 V P.o (Other: ENVTNMENTI¼L IMPACT Z\SSESSMETt EXEMPT Negative Declaration, issued Log No. E.I.R. Certified, dated Other, • I I 4 . .4 - 4 4 0 •4 4 4. 4 SIA'IEM rzt'LF 4 • 4 4 It *4 4 • I 4 4 I . PiLS[N1 2 'JUL ____ LI the vndcrclgnedl state,that• WE Are the T(T7WTc -ho of the property de ~cribcd herein and hereby tciwnor, uwncEa7Autr i zed Agørit.) . give 0(.21?_authorizatiori to the filing of this proppsedract (My, Our) map. __________at:are of and have had an opportunity to rend (f am, v:e are) ulfle 20 (Subdivision .Ordinance). of the Carlsbad Municipal Code. Name— St cjria I. Unnc Slgiiat Name -v (iypd or Printed os sh6 'on 1k 'ecorded Died) St 91113 LU F0-- _____________ or Printed as sh ___ o _ on Rccorded.DecdT Siciiiature a Plame and Address of Subdivider. * I?ICMARO JORc'flAJ 4I1-r r4Lee ori3 Cnt&co,i 9ZOOILY Name, address and phone number of Engineer or Licensed Land Suf-vcyor: No. 24401 PC. Lox Z 8 Sot S5,qcb, 9z or I . t 'I 61, \ j1 S n @_•. a - ''.\4 4/ IL* Nt 24 4 % Is 10 CS '2' •. 4 4 '0 - £ 'SI..., I. - I I I I PLANNING COMMISSION RESOLUTION NO. 1683 2 A RESOLUTION OF THE'PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE CREATION OF TWO PANHANDLE LOTS AS PART OF A A MINOR SUBDIVISION LOCATED ON THE WEST SIDE OF PARK DRIVE, NORTH OF SUNRISE CIRCLE IN THE R-1 r ZONE. APPLICANT: JORDAN - 6 CASE NO: MS-402 WHEREAS, a verified application for certain property to, wit: Lot 13 of Block G of Map 2132, Bellavista has been filed with the City of Carlsbad, and referred to the Plan- 10 ning Commission; and 11 WHEREAS, said application constitutes a request as provided by 12 Title 21 of the Carlsbad Municipal Code; and 13 WHEREAS, the Carlsbad Municipal Code, Section 21.10.080 pro- 14 vides that any panhandle lots within a minor subdivision must be 15 approved by the Planning Commission; and 16 WCIEREAS, the Planning Commission did on the 27th day of August, 3.7 1980, hold a hearing as prescribed by law to consider said request; 18 and 19 WHEREAS, at said hearing, upon hearing and considering all 20 testimony and arguments, if any, of all persons desiring to be 21 heard, said Commission considered all factors relating to the Minor ivision; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commis- sion as follows: That the foregoing recitations are true and correct. B) That based on the evidence presented at the hearing, the Coin- mission recommends APPROVAL of MS-402 based on the following findings and subject to the following conditions. 22 23 24 25 26 27 aJ I I 2 1) The property cannot be served adequately with a public street without panhandle lots due to unfavorable conditions resulting 3 from the lot configuration and existing land development. 4 2) Subdivision with a panhandle lot will not preclude or adverse- ly affect the ability to provide full public street access to 5 other properties within the same block since the project would not set an undesirable precedent or interfere with access to 6 existing or future parcels. 7 3) The proposed subdivision is consistent with all elements of the City's General Plan, including the land use element which & designates this site for low-medium desity residential devel- opment at 074 du/acre. 4) The proposed project will not result in any adverse environ- 10 mental impacts and it has been found to be exempt from the Carlsbad Environmental Protection Ordinance per Section 11 19.04.090(C)4, which specifically exempts panhandle lots in 12 the li-i zones in developed areas. 5) The buildable portions of lots 2 and 3 shall be all portions 13 the lots that have a width of greater than 35 feet and the frontyard is defined as the line running approximately north 14 to south along the rear property line of lot 1. 15 6) The project is consistent with all City public facility poli- cies and ordinances and with Title 21 of the City's Municipal 16 Code. 17 Conditions 18 1) Approval is granted for NS'-402 as shown on Exhibit."A" dated August 12, 1980, incorporated by reference and on file in the 19 Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 20 2) The panhandle lot shall have three non-tandem parking spaces 21 with an approach not less than 24 feet in length with a proper turnaround area to permit complete turnaround for forward 22 access to the street. Said parking and turnaround shall be 23 subject to the approval of the City Engineer. 3) Structures permitted in the access portion of the lot shall be 24 limited to mailboxes, fences, trash enclosures, landscape con- tainers and nameplates. Except for mailboxes, the structure 25 shall not be greater than forty-two inches in height if located within twenty feet of the street property line or greater than 26 six feet in height beyond this point. 27 28 PC RESO #1683 -2- 4 S I 4) The property owner of the panhandle lot shall agree to hold the City or any other public service agency harmless from' liability for any damage to the driveway when being used to perform a public service. 5) In addition to these conditions, the applicant shall comply with all other conditions placed on the approved parcel map by the City Engineer. 6) A reciprocal access agreement for the two panhandle lots shall be entered into ,prior to final map approval subject to the approval of the City Engineer. PASSED, APPROVED AND ADOPTED at a regular meeting of the Plan- ning Commission of the City of Carlsbad, California, held on the 27th day of August, 1980, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: EDWIN S. SCHICK, JR., Chairman CARLSBAD PLANNING COMMISSION ST: ALC¼3tUAC1L1 00LJ.0 LJ.J D PLANNING COMMISSION PC RESO #1683 2. 2 3 4 5 6 7 8 9 10 ix 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-