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Home My WebLink About1998-09-02; Planning Commission; ; CDP 98-13 - RANCHO REALP.C. AGENDA OF: September 2, 1998 ItanNo. (!) Application complete date: March 6, 1998 Project Planner: Elaine Blackburn Project Engineer: Clyde Wickham SUBJECT: CDP 98-13 -RANCHO REAL -Request for a Coastal Development Permit to allow development of 35 single-family detached residences on a site located on the West side of El Camino Real between Kelly Drive and Hidden Valley Road and within Local Facilities Management Zone 1. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4378 APPROVING CDP 98-13 based upon the findings and subject to the conditions contained therein. II. INTRODUCTION This application is for a Coastal Development Permit for a 39-lot 35-unit residential development. The proposed residences are single-family detached units on small lots. The project also includes an open space lot, an RV parking area, and a common recreation area. The requested coastal development permit is associated with an approved tentative tract map, hillside development permit, planned unit development permit, and special use permit. Staff has reviewed the project and concluded that there are no planning issues associated with it. III. PROJECT DESCRIPTION AND BACKGROUND This application is for a Coastal Development Permit for a 35-unit single-family residential development. The project site is a 16.85-acre parcel located on the west side of El Camino Real between Kelly Drive and Hidden Valley Road. The project includes additional lots for open space, recreation and RV parking. The majority of the residential lots range from 6,000 to 7,000 square feet in size. The common recreation lot is 13,180 square feet and provides a sand volleyball play area. The project is designed as a small lot single-family planned unit development (PUD) and complies with all PUD requirements, including the City's Small Lot Single Family Architectural Guidelines. The proposed project has several valid project approvals dating back to 1991. A tentative tract map (CT 90-13), hillside development permit (HOP 90-19), planned unit development permit (PUD 90-16), and special use permit (SUP 90-7) were all approved on May 29, 1991. A coastal development permit was not processed concurrent with those permits because the City did not have Coastal permitting authority at that time. 0 CDP 98-13 -RANCHO £t September 2, 1998 Page 2 The applicant has received several extensions for the approved tentative tract map over the years, including the most recently approved I-year extension granted by the Planning Commission on July 28, 1998. That I-year extension will keep the map active until May 29, 1999. At that time the map will expire, as no more time extensions are possible. Over the years new conditions have been added to the approved tract map as warranted, including a condition addressing inclusionary housing requirements. Because this project predates the City's inclusionary housing ordinance, the project is allowed to satisfy it's affordable housing requirements by the payment of a housing impact fee. Finally, staff recently approved a substantial conformance exhibit which revised the project grading slightly. Pursuant to Section 21.58.020 of the Carlsbad Municipal Code, the approved HDP, PUD, and SUP automatically remain valid permits until the CT expires. The project design satisfied all requirements of the HDP, PUD, and SUP regulations at the time of approval and remain in compliance with such requirements today. In turn, the City's applicable ordinances and regulations are consistent with the Coastal Zone regulations. The project site is somewhat constrained by areas of steep slopes, a cultural resource area, and a high power transmission easement. The southern tip of the property is located within the I 00- year floodplain. (The cultural resource area is to be covered and undisturbed, and no construction will occur in the floodplain area.) The site is currently used for agricultural activities. The General Plan and zoning designations for the project site and the surrounding areas are as shown in Table I below. Table 1: GENERAL PLAN AND ZONING DESIGNATIONS General Plan Zoning Project Site RLM R-A-10,000 North RLM R-1, RMHP East RLM L-C South OS P-C West O-S,RLM P-C, R-1 IV. ANALYSIS The recommendation for approval for this project was developed by analyzing the project's consistency with the applicable City regulations and policies. The project's compliance with each of the regulations is discussed in detail in the sections below. A. Coastal Development Regulations This project is located within the Mello II segment of the City's Local Coastal Program and is subject to the land use policies and implementing ordinances which are a part of that segment. Those policies and ordinances address the preservation of agriculture and scenic resources, CDP 98-13 -RANCHO R.bL September 2, 1998 Page 3 protection of environmentally sensitive resources, provision of shoreline access, and prevention of geologic instability and erosion. The project site, while currently utilized for agricultural activities, is in an area identified as "urbanized" and does not contain any agricultural lands designated as significant by the Coastal program. The site also does not contain any scenic resources or environmentally sensitive resources. Since this project site is not along the coastline, provision of shoreline access is not an applicable requirement. While the site contains some steep (25% or greater) slopes, it is not predominated by such slopes and none of the slopes contains any environmentally sensitive vegetation. Finally, the grading for the proposed project must conform to all City of Carlsbad Engineering Standards. Implementation of those standards will control potential impacts from erosion. V. ENVIRONMENTAL REVIEW This project (the Coastal Development Permit application) has been determined to be within the scope of the previously approved environmental documents for the project. Consequently, a Notice of Prior Compliance was issued on August 1, 1998. This project was originally approved with a Mitigated Negative Declaration. Although there were no sensitive resources on the subject site, there were potentially sensitive resources (including Least Bells Vireo songbirds) on the neighboring site (the Kelly property). Consequently, the mitigation plan required the developer to conduct additional surveys for the presence of the bird and to do additional mitigation if the bird was present. In addition, the mitigation plan required recordation of a 100' wetlands buffer easement, an update of noise impact calculations on the future structures, and implementation of runoff/erosion control methods. Some of these mitigation measures have already been completed, while others cannot occur until the project is more advanced. When a Tentative Map Extension was requested in 1997 (CT 90-13x2), staff required the applicant to submit supplemental environmental documents (including reports based upon the required new field studies and a new initial study) to evaluate the adequacy of the original mitigation requirements. Based upon a review of those documents and discussion with interested agencies, it was determined that, pursuant to Sections 15162 and 15163 of the California Environmental Quality Act, no additional environmental documentation was required and that the project was in compliance with the previously approved environmental documents. (No Least Bells vireo were found on the site by the latest survey.) The wetlands buffer easement must occur prior to the recordation of the final map, and the updated noise impacts analysis is to be done only when a final grading plan is prepared. CDP98-13-RANCHO~ September 2, 1998 Page4 ATTACHMENTS: 1. Planning Commission Resolution No. 4378, (CDP 98-13) 2. Location Map 3. Disclosure Statement 4. Planning Commission Resolution No. 3237, dated May 29, 1991 (Mitigated Neg Dec) 5. Planning Commission Resolution No. 3238, dated May 29, 1991 (CT 90-13) 6. Planning Commission Resolution No. 3239, dated May 29, 1991 (HDP 90-19) 7. Planning Commission Resolution No. 3240, dated May 29, 1991 (PUD 90-16) 8. Planning Commission Resolution No. 3241, dated May 29, 1991 (SUP 90-7) 9. Planning Commission Resolution No. 3544, dated October 6, 1993 (CT 90-13xl) 10. Planning Commission Resolution No. 4191, dated November 5, 1997 (CT 90-13x2) 11. Planning Commission Resolution No. 4333, dated July 28, 1998 (CT 90-13x3) EB:dch:mh RANCHO REAL CDP 98-13 Cit}' of Carlsbad ■46 i ,\,h ef •l•l§ •hi, i, h§ ,i 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: 1. 2. 3. APPLICANT List the names and addresses of alt persons having a financial interest in the application. Athalon Property Services Group, Inc_. ___ 9_2_2_7 __ H_a_v_e_n_A_v_e_n_u_e ___ s_u_i_t_e_2_25 Rancho Cucamonga, CA 91730 OWNER- List the names and addresses of alf persons having any ownership interest in th~ property involved .. General.Securities.CoTp P.O. Box 12 Carlsbad, CA 92018 tf any person tdentified pursuant to ( 1) or (2) above is a corporation or partnership,_ Jist the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnershi'p interest in the partnership. Athalon Charles J. McLaughlin (100%) General Se~urities Corp Don Hensel ,·.~ James B. Panther 4. If any person identified pursuant to ( 1) or (2) above isll · non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the n_on-:profit organization or as trustee or beneficiary of the trust. Not Applicable .; 2075 Las Palmas Dr. ~ .... Carlsbad, CA 92009-1576 • (619) 438-1161 • FAX (G19) 438-0894 . '..il -· 5. Have you had rr, ..: than $250 worth of business tra. .JCted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? 0 Yes [xi No · If yes; please indicate person{s): __________ _ .. ~-, Person is defined as uAny individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a un.it." NOTE: Attach· additional sheets if necessary. .· Signature of owner/date Signature of a 1/'!>o[<if Print or type name' of owner. Printror type name of applicant '·4$ . .: , •:.~ , .. , .. .,_.· . ·'1!: Disclosure Statement 10/96 Page _2 of 2 ·